HomeMy WebLinkAbout21-39 Resolution No. 21-39
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH KEARNS & WEST, INC. FOR
PROFESSIONAL SERVICES IN CONNECTION WITH GROUP FACILITATION FOR THE
COMMUNITY TASK FORCE ON POLICING
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with
Kearns & West, Inc., for professional services in connection with group facilitation for the
community task force on policing, in such form as approved by the Corporation Counsel.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: March 10, 2021
Adopted: March 10, 2021
Vote: Yeas: 7 Nays: 2
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
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AGREEMENT
THIS AGREEMENT is made and entered into this 1Q day of March,2021, by and between
the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and
KEARNS & WEST, INC. (hereinafter referred to as "CONSULTANT").
WHEREAS,the CITY desires to engage the CONSULTANT to furnish certain professional
services in connection with Group Facilitation for the Community Task Force on Policing
(hereinafter referred to as the"PROJECT"); and
WHEREAS, the CONSULTANT represents that it is in compliance with Illinois Statutes
relating to professional registration of individuals and has the necessary expertise and experience to
furnish such services upon the terms and conditions set forth herein below. ,
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NOW,THEREFORE, it is hereby agreed by and between the CITY and the CONSULTANT
that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual
promises and covenants contained herein, the sufficiency of which is hereby acknowledged to
perform the services relating to the PROJECT as described herein,subject to the following terms and
conditions and stipulations, to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the City Manager of the
CITY, herein after referred to as the"DIRECTOR".
B. CONSULTANT shall perform the services relating to the PROJECT as outlined in
pages 5-13 of CONSULTANTs response to the City of Elgin request for
qualifications, attached hereto and made a_part hereol as Attachment A. ).
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2. SCHEDULE AND PROGRESS REPORTS
A. CONSULTANT shall commence the performance of the services pursuant to this
Agreement upon execution of this Agreement by both parties and shall provide the-
services according to a schedule as directed by the CITY.
B. CONSULTANT shall submit to the DIRECTOR a monthly status report providing a
brief narrative identifying progress, findings and outstanding issues.
3. WORK PRODUCT
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All work product prepared by the CONSULTANT pursuant hereto including,but not limited
to, reports, plans, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY upon
request of the DIRECTOR;provided,however,that the CONSULTANT may retain copies of
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such work product for its records. CONSULTANT's execution of this Agreement shall
constitute CONSULTANT's conveyance and assignment of all right, title and interest,
including but not limited to any copyright interest,by the CONSULTANT to the CITY of all
• such work product prepared by the CONSULTANT pursuant to this Agreement. The CITY
shall have the right either on its own or through such other consultants as determined by the
CITY to utilize and/or amend such work product. Any such amendment to such work
product shall be at the sole risk of the CITY. Such work product is not intended or
represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any
other project, and such reuse shall be at the sole risk of the CITY without liability or legal
exposure to the CONSULTANT.
4. PAYMENTS TO THE CONSULTANT
A. The CITY shall reimburse the CONSULTANT for services under this Agreement at
the rate of personnel employed on the PROJECT as set forth in Attachment B hereto
and made a part hereof by this reference with the total fee to be paid to the
CONSULTANT not to exceed$159,540 regardless of the actual costs incurred by the
CONSULTANT unless substantial modifications in the scope of work are authorized
• in writing by the CITY pursuant to a written amendment to this Agreement executed }±;
by the parties. Consultant will invoice for actual hours worked based at the hourly
rates on the attached budget in Attachment B. ?`
B. The CITY shall make monthly-payments to the CONSULTANT based upon actual
progress within thirty(30)days after receipt and approval of invoice. Said periodic
payments to the CONSULTANT shall not exceed the amounts shown in Attachment
B.
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C. All reimbursable expenses are included within the hourly rates set forth in
Attachment B and are included in the total not to exceed amount of$159,540
provided for in Section 4A above. •
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5. INVOICES . •
A. The CONSULTANT shall submit invoices in a format approved by the CITY.
Progress reports (2B above)will be included with all payment requests.
B. The CONSULTANT shall maintain records showing actual time devoted and cost
incurred. The CONSULTANT shall permit the authorized representative of the
CITY to inspect and audit all data and records Of the CONSULTANT for work done
under this Agreement. The CONSULTANT shall make these records available at
reasonable times during the Agreement period and for one(1)year after termination
of this Agreement.
6. TERMINATION OF AGREEMENT
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Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any
time upon fifteen(15)days prior written notice to the CONSULTANT.In the event that this
Agreement is so terminated, the CONSULTANT shall be paid for services actually
performed and reimbursable expenses actually incurred prior to termination, except that
reimbursement shall not exceed the task amounts set forth under Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the CONSULTANT is given a notice to
proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed
concluded on the date the CITY determines that all of the CONSULTANT's work under this
Agreement is completed. A determination of completion shall not constitute a waiver of any
rights or claims which the CiTY may have or thereafter acquire with respect to any term or
provision of this Agreement.
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8. NOTICE OF CLAIM ; u
If the CONSULTANT wishes to make a claim for additional compensation as a result of
action taken by the CITY,the CONSULTANT shall give written notice of his claim within
fifteen(15)days after occurrence of such action. No claim for additional compensation shall
be valid unless so made. Any changes in the CONSULTANT's fee shall be valid only to the
extent that such changes are included in writing signed by the CITY and the
CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted
by the CONSULTANT, all work required under this Agreement as determined by the
DIRECTOR shall proceed without interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement,such violation or breach shall
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be deemed to constitute a default, and the other party has the right to seek such ]}:
administrative, contractual or legal remedies as may be suitable to the violation or breach:
and, in addition, if either party, by reason of any default, fails within fifteen (15)days after
notice thereof by the other party to comply with the conditions of the Agreement,the other
party may terminate this Agreement. Notwithstanding the foregoing,or anything else to the
contrary in this Agreement, with the sole exception of an action to recover the monies the
CITY has agreed to pay to the CONSULTANT pursuant to Paragraph 4 hereof, no action
shall be commenced by the CONSULTANT against the CITY for monetary damages.
CONSULTANT hereby further waives any and all claims or rights to interest on money
claimed to be due pursuant to this Agreement,and waives any and all such rights to interest
which it claims it may otherwise be entitled pursuant to law,including,but not limited to,the
Local Government Prompt Payment Act(50 1LCS 501/1,et seq.),as amended,or the Illinois
Interest Act(815'ILCS 205/1,et seq.),as amended. The parties hereto further agree that any
action by the CONSULTANT arising out of this Agreement must be filed within one year of ,
the date the alleged cause of action arose or the same will be time-barred.The provisions of ,;
this paragraph shall survive any expiration,completion and/or termination of this Agreement.
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10. INDEMNIFICATION
To the fullest extent permitted by law,CONSULTANT agrees to and shall indemnify,defend
and hold harmless the CITY, its officers,employees,agents, boards and commissions from
and against any and all claims, suits,judgments, costs, attorneys fees, damages or other
relief,including,but not limited to,workers'compensation claims,in any way resulting from
or arising out of negligent actions or omissions of the CONSULTANT in connection
herewith, including negligence or omissions of employees or agents of the CONSULTANT
arising out of the performance of this Agreement. In the event of any action against the
CITY,its officers,employees,agents,boards or commissions,covered by the foregoing duty
to indemnify,defend and hold harmless such action shall be defended by legal counsel ofthe ;p
CITY's choosing. The provisions of this paragraph shall survive any expiration,completion
and/or termination of this Agreement.
11, NO PERSONAL LIABILITY
No official, director,officer, agent or employee of the CITY shall be charged personally or
held contractually liable under any term or provision of this Agreement or because of their
execution,approval or attempted execution of this Agreement.
12. INSURANCE
CONSULTANT shall provide, pay for and maintain in effect during the term of this
Agreement the following types and amounts of insurance. } ,,
A. Comprehensive Liability. The CONSULTANT shall provide,pay for and maintain
in effect, during the term of this Agreement, a policy of comprehensive general
liability insurance with limits of at least$1,000,000 aggregate for bodily injury and
$1,000,000 aggregate for property damage.
The CONSULTANT shall deliver to the DIRECTOR a Certificate of Insurance
naming the CITY as additional insured. The policy shall not be modified or
terminated without thirty(30) days prior written notice to the DIRECTOR.
The Certificate of Insurance shall include the contractual obligation assumed by the
CONSULTANT under Paragraph 10 entitled"Indemnification".
This insurance shall be primary and non-contributory to any other insurance or self-
insurance programs afforded to the CITY. There shall be no endorsement or ,
modification of this insurance to make it excess over other available insurance.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits of not
less than$500,000 per occurrence for bodily injury and/or property damage.
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C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a$1,000,000 aggregate.
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D. Professional Liability. The CONSULTANT shall carry CONSULTANT's
Professional Liability Insurance covering claims resulting from error, omissions or
negligent acts with a combined single limit of not less than$1,000,000 per claim.A
Certificate of Insurance shall be submitted to the DIRECTOR as evidence of 43
insurance protection. The policy shall not be modified or terminated without thirty
(30)days prior written notice to the DIRECTOR.
13. CONSTRUCTION MEANS, METHODS,TECHNIQUES,SEQUENCES,
PROCEDURES AND SAFETY
The CONSULTANT shall not have control over or charge of and shall not be responsible for
construction means,methods,techniques,sequences or procedures,or for safety precautions
and programs in connection with the construction,unless specifically identified in the Scope
of Services.
14. , NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be no r
discrimination against any employee or applicant for employment because of sex,age,race,
color,creed,national origin,marital status,of the presence of any sensory,mental or physical
handicap, unless based upon a bona fide occupational qualification, and this requirement
shall apply to, but not be limited to, the following: employment advertising, layoff or
termination,rates of pay or other forms of compensation and selection for training,including
apprenticeship. -
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
sex, race,color,creed, national origin,age except minimum age and retirement provisions,
marital status or the presence of any sensory,mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and ,
• shall be grounds for cancellation, termination or suspension, in whole or in part, of the • ;
Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors and
• the assigns of the parties hereto; provided, however, that no assignment shall be made
without the prior written consent of the CITY.
16. DELEGATIONS AND SUBCONTRACTORS
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Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and
otherprovisions of this Agreement and the CONSULTANT shall remain liable to the CITY i'E
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with respect to each and every item,condition and other provision hereof to the same extent
that the CONSULTANT would have been obligated if it had done the work itself and no
assignment, delegation or subcontract had been made. Any proposed subcontractor shall .°
require the CITY's advanced written approval. it
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17. NO CO-PARTNERSHIP OR AGENCY ,r
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This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
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18. SEVERABILITY I
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The parties intend and agreed that, if any paragraph,sub-paragraph, phrase, clause or other I i
provision of this Agreement,or any portion thereof, shall be held to be void or otherwise
unenforceable, all other portions of this Agreement shall remain in full force and effect.
19. HEADINGS ;
The headings of the several paragraphs of this Agreement are inserted only as a matter of i:,
convenience and for reference and in no way are they intended to define,limit or describe the
scope of intent of any provision of this Agreement, nor shall they be construed to affect in III
any manner the terms and provisions hereof or the interpretation or construction thereof
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed, modified,discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations or
warranties shall be binding upon the other party unless expressed in writing herein or in a
duly executed amendment hereof, or change order as herein provided.
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed in accordance
with the laws of the State of Illinois. Venue for the resolution of any disputes or the ,;4
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane _�
County, Illinois. .
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22. NEWS RELEASES rj
The CONSULTANT may not issue any news releases without prior approval from the
DIRECTOR, nor will the CONSULTANT make public proposals developed under this ;
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Agreement without prior written approval from the DIRECTOR prior to said documentation
becoming matters of public record. } '
23. COOPERATION WITH OTHER CONSULTANTS
The CONSULTANT shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a
result of a violation of 720 ILCS 5/33E et seq.or any similar state or federal statute regarding
bid rigging.
' 25. SEXUAL HARASSMENT
As a condition of this contract, the CONSULTANT shall have written sexual harassment
policies that include, at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment, utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse, investigative and complaint process available through the Illinois
Department of Human Rights,and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
A copy of the policies shall be provided by CONSULTANT to the Department of Human
Rights upon request 775 1LCS 5/2-105.
26. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement, CONSULTANT shall have in place a written substance
abuse prevention program which meets or exceeds the program requirements in the
Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of
such policy shall be provided to the City's Assistant City Manager prior to the entry into and
execution of this agreement.
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1 27. WRITTEN COMMUNICATIONS
All recommendations and other communications by the CONSULTANT to the DIRECTOR
• and to other participants which may affect cost or time of completion, shall be made or
confirmed in writing. The DIRECTOR may also require other recommendations and
communications by the CONSULTANT be made or confirmed in writing.
28. NOTICES
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All notices, reports and documents required under this Agreement shall be in writing and
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shall be mailed by First Class Mail, postage prepaid, or via email addressed as follows:
A. As to the CITY:
City of Elgin
150 Dexter Court '
Elgin, Illinois 60120-5555 •
Attention: Richard G. Kozal,City Manager
Email: kozal_r@cityofelgin.org
B. As to the CONSULTANT:
Kearns& West •
50l Congress Avenue,#150-391 �il
Austin,TX 78701 ;; I
Attention: Dr. Larry Schooler, Director/Senior Facilitator '`I'
Email: lchooler@kearnswest.com
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29: COMPLIANCE WITH LAWS .
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
CONSULTANT shall comply with all applicable federal,state,city and other requirements
of law,including,but not limited to,any applicable requirements regarding prevailing wages,
minimum wage, workplace safety and legal status of employees. Without limiting the
foregoing, CONSULTANT hereby certifies, represents and warrants to the CITY that all
CONSULTANT's employees and/or agents who will be providing products and/or services tad
with respect to this AGREEMENT shall be legally authorized to work in the United States. " ,
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CONSULTANT shall also at its expense secure all permits and licenses,pay all charges and
fees and give all notices necessary and incident to the due and lawful prosecution of the
work, and/or the products and/or services to be provided for in this AGREEMENT. The
CITY shall have the right to audit any records in the possession or control of the
CONSULTANT to determine CONSULTANT's compliance with the provisions of this
paragraph. In the event the CITY proceeds with such an audit the CONSULTANT shall
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make available to the CITY the CONSULTANT's relevant records at no cost to the CITY.
CONSULTANT shall pay any and all costs associated with any such audit.
30. EXECUTION
This agreement may be executed in counterparts,each of which shall be an original and all of
which shall constitute one and the same agreement. For the purposes of executing this
agreement,any signed copy of this agreement transmitted by fax machine ore-mail shall be
treated in all manners and respects as an original document. The signature of any party on a
copy of this agreement transmitted by fax machine or e-mail shall be considered for these
purposes as an original signature and shall have the same legal effect as an original signature.
Any such faxed or e-mailed copy of this agreement shall be considered to have the same
binding legal effect as an original document. At the request of either party any fax or e-mail,
copy of this agreement shall be re-executed by the parties in an original form. No party to
this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and
shall forever waive such defense.
IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement
effective as of the date and year first written above.
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CITY G „4,1
By./
Richard G. Kozal,City anager
Atte t:
City Clerk
CONSULTANT:
�Cu'1 S Lt' -ck rfr
By: i,- .
Name/Print: K�'yJU+�—
Title: Rai-ivied , C t/r/.00
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Background.
Kearns&West is a woman-owned small business of about 50 employees with more than 35 years
of experience designing and facilitating collaborative processes that help government agencies
identify .priorities and develop strategies for advancing their missions. Kearns & West
professionals are skilled in aiding in the development of high-performance engagement plans
campaigns, executing outreach to a diverse set of stakeholders, and facilitating coordination
among members of multi-agency partnerships. Our high-stakes projects include work at local,
state, regional, and national levels, covering a variety of sectors, including community
engagement,technology,business and academia,coastal and marine resources,energy,water,air
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quality, and land use. ;;
Institute for Policy and Civic Engagement (IPCE)is a practice and research center at the University
of Illinois at Chicago(UIC)in the College of Urban Planning and Public Affairs(CUPPA).Established
in 2008,IPCE strives to create opportunities for engaging communities directly in decision-making
processes that affect residents' lives, including those from marginalized or communities of color.
IPCE staff are trained in facilitation of dialogue and deliberation processes, skills that it pairs with
a robust quantitative and qualitative research and analysis staff bench. Partnerships range from
state agencies,to philanthropy, and to community-based organizations. Recent experience in the
context of police reform include designing and leading a series of 14 community roundtables in
Chicago in 2018 for the Office of the Illinois Attorney General, as currently ongoing community
engagement and large-scale survey work as part of the Independent Monitoring Team for the
Chicago Police Consent Decree. iii
Work Proposed & Timeline
The City of Elgin seeks strategy, meeting design and facilitation services to support the work of
the Community Task Force on Policing (Task Force). For this process,the Kearns &West Team will
coordinate closely with lead City staff including the City manager's office, communications
department and the Elgin,Police Department (EPD) to develop an overall work plan, advise on
strategic approaches for policy review and recommendations, facilitate meetings and develop
meeting agendas, provide technical support as needed, draft meeting summaries, conduct
research, and coordinate with Task Force members as appropriate.The purpose of this Task Force
is to examine current policies, practices, culture, budget, and community relationship of the EPD.
This will require the engagement of community organizations and leaders as well as the EPD. It
will require the drafting of its working agreements and processes, monthly reporting to elected
leadership,preparing a final work product,and assisting the city in regularly communicating about lii
the Task Force and its work.The process will begin with community listening sessions to hear from l ',
impacted community members and to explain the Task Force creation and its expected work.
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Kearns&West Response to Group Facilitator for Community Task Force on Policing Page Iv '' 1, <<t
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K E A R N S "t W EST 11
1. Key elements are required for such a Task Force to be successful:
• It must be designed to build community trust.
• It must feel authentic.
• It must be designed to provide an environment that allows community voices to be
encouraged, respected,and heard.
• It must be designed to understand, appreciate, and hear the passion and emotions that
community members will bring. ; i
• It must be designed so that the expectations of outcomes are clear. 11 tAl
• It must be designed so that it is not felt as a "them vs. us" process or police will not
engage.They may be present, but they will not really engage.
• It must be designed with an understanding of the decision-making process, e.g., will it be
majority vote,consensus, a hybrid?
• It must be designed to build capacity in community.
• It must be designed with an understanding that community leadership does not
necessarily mean an understanding of bureaucratic processes, so there should be
training for all members.
• It must be designed with an understanding the community leadership does not
necessarily mean there is an understanding of how to evaluate police policies, standard
operating procedures,scenario-based training, use of force requirements,etc. There
should be training for all.members. ;i,,,
• The City's communication must be clear, honest, authentic, and consistent. If the i4.
communication is not as noted, community members will create their own narrative
about the work,which usually will be that it is doing nothing, or it is the "same old words
with no action."
• It must be designed to enable all parts of the Elgin community to participate in dialogue
with the Task Force as it does its work.
A failure in ANY of these can mean a failure of the process and the Task Force.
2. Task Force membership
The initial process of determining Task Force members will be done in consultation with city staff
and leadership,and community organizational leadership.City staff and our team are familiar with
the broad definition of community in Elgin and who are considered. leaders within these tu
communities. City leaders know who can and should be on the Task Force. It is assumed that }ii
police personnel will be members: The Police Chief can appoint those officers and/or command
staff personnel who have a level of respect in the community, and can best serve on the (while
understanding the power dynamics in a paramilitary organization).
3. Listening Sessions/Community Engagement Approach
40 Kearns&West Response to Group Facilitator for Community Task Force on Policing P x+a ` tt" .
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K E A R N 5 W E S T <' 11.
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Our team proposes to listen to the Elgin community in a variety of ways,and contexts included
face-to- face listening sessions if deemed safe during Covid-19 recovery as well as a number of
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%other engagement strategies enumerated below.
In contrast to a traditional public hearing "town hall meetings" these interactive sessions will be
held at locations around the city that would be acceptable and recognized by community
members. Simultaneous translation equipment should be available for members of the
1 monolingual Spanish speaking community, to the extent Elgin city staff believe such a service
would be warranted.We also suggest partnering with community groups and leaders to conduct
sessions in Spanish and providing translation in English. Targeted outreach should be done to
reach immigrant populations, or organizations that specifically represent those populations who
may be uncomfortable or fearful of coming in person.They must be designed to for city leaders
and staff to listen, and learn.The facilitation team will work to ensure that all participants have a
safe space to express their views and feel comfortable sharing their perspectives. Other ways to
interact and bring the public into the dialogue is to: ,{,
• Socially distanced canvassing, both door-to-door in residential neighborhoods and in "pop- 'i
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up" stations at popular destinations or events around the city, where our team provides
training to some combination of students at other nearby colleges,students at other schools,
and other volunteers (maybe Task Force members)to collect testimonies, particularly in areas
that have been impacted the most by interactions with the police. We would set up a web
portal and/or other means for the volunteers to report back on what they heard.
. • A confidential voicemail that people can call to record their testimony orally;this can be either
a local #`or toll-free. 1
• A phone number that can receive confidential text messages and/or WhatsApp/Snapchat
messages..
• An online, carefully moderated (i.e., facilitated) discussion board, with open-ended questions
designed to encourage discussion among members of the community. r;
• A live, broadcast community listening session that the public can join by calling in,texting in,
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or posting on social media, in both English and Spanish, modeled after similar broadcasts
done elsewhere
• A training of a "Conversation Corps" that is given a discussion guide to take to any group of
people— either a formal group (like a homeowners association, church group, etc.) or an
informal group (friends, coworkers, etc.) to stimulate dialogue on topics relevant to the Task 1
Force. We would train members of the Conversation Corps in active listening and facilitation
and develop a discussion guide, and then provide an easy-to-use web portal or other means
to receive reports back from hosts on what they heard.
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fpKearns"&W st Response to Group Facilitator for Community Task Force an Po{icing Page 1 rt :�, r f,i
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4.Task Force Meetings ,i
Regular Task Force meetings will be facilitated with the above key elements in mind. Regular l;
reporting will be made to City Council and within the process determined to communicate to the
community. It is suggested that at least during the initial phase of the meeting process, i.e., first
quarter, that meetings are held bi-weekly, with the expectation that they move to monthly if
possible as work becomes more familiar and progresses.
• Executive Committee
It is recommended that the Task Force have an Executive Committee (EC)for ease of engagement
and communication with the entire body. This EC would be responsible for engaging with the
facilitator in between meetings, collaborating in agenda-setting, and communicating or
addressing any issues that arise with Task Force members.
o Sub-Committees
It is recommended that the Task Force have sub-committees. Examples are:
i) Community Engagement& Oujreach Plan subcommittee, including Community Survey ;z<.
Purpose: This committee will work with the Facilitator to assess EPD's community
outreach and engagement and make recommendations to improve these efforts.The
subcommittee will review any EPD Community Outreach and Engagement Plan that
exists, and if one does not exist assist in its creation.The subcommittee will also work
closely with the facilitator to create(if one does not exist)an Annual Community Survey
and finalize and interpret and disseminate findings along with recommendations.
ii) Data Systems, Use of Force, and Compliance Subcommittee
Purpose:To examine the systems in place to measure, monitor, and respond to use of
force incidents and develop new ideas and insights for the measurement,
• documentation, and analysis and subsequent investigations of such incidents. This
Sub-Committee will be responsible for considering the ability of EPD (Elgin Police a
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Department) to track use of force and hold officers accountable when force is found It,
to be excessive.This Sub-Committee will also examine best practices and policies from
other police agencies in order to help move EPD towards a model for the nation. o
iii) Training Review Subcommittee
Purpose:This subcommittee will review the training culture, processes, and outcomes
and make recommendations for modifications. It will be responsible for attending any
scenario-based training at EPD facilities and reviewing curriculum and training
approach.
5. Communications
The Facilitator will work with the city communications department to assist in the development of
an official Task Force website where all Task Force information will reside, be available and v
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Kearns&West Response to Group Facilitator for Community Task Force on Policing ikae ` l, �,�sys '
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KEARNSWEST
transparent,e.g.,members bio's,agendas,meeting minutes,reports,recommendations,handouts,
surveys, etc.
6. Work Product
The work product and recommendations should not wait for a year as a product in total.Quarterly
recommendations within different areas,e.g.,training, hiring, use of force policies, etc.if possible,
should be presented.Community activists and those communities who feel they are being harmed
every day will not wait through a year-long bureaucracy for a series of recommendations that may
or may not be accepted.
The Kearns &West Team proposes the following scope.The scope.may change based on l!
information learned through discussions with the City of Elgin.
Task 1: Convening and Understanding
Proposed Timeline:Throughout Project
Purpose:Understand the purpose and role of the Task Force and the participant's and City's
interests, opportunities and challenges.
Activities:
• Kick-off meeting with City of Elgin staff team
• Background research (including reviewing Elgin Police Department reports and relevant
media articles) ,i 1
• Develop strategy,agenda and materials for Task Force kick off meeting
• Develop TF online survey for protocols and meeting schedule
II • Develop overall workplan and meeting schedule
• Develop Task Force charter and the creation of Community Charter with Expectations of
Interaction and decision-making processes
Deliverables:
• Kick-off meeting agenda and presentation materials
• Kick-off meeting coordination and facilitation
• Draft and final kick-off meeting summary and action items
• Online survey- beta test and final
• Draft and final summary of survey results
• Draft and final Task Force Charter 4;
• Draft and final workplan and schedule
Key assumptions: .
• Task Force meeting kickoff- virtual 90-minute meeting hosted by the City.
Kearns&West Response to Group Facilitator for Community Task Force on Policing Page
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K E ,AR' N",S �i, WEST ,
• City of Elgin identify Task Force participants and conduct initial conversations
• Up to 36 total hours for background research
• Weekly virtual coordination with City staff team
Task 2: Community Review and Early Action Deliverables / Task Force
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Meetings
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Proposed Timeline: November to February 2021 :.,
' Purpose:Coordinate with City staff team to support the Community Task Force on Policing
develop recommendations for the Elgin Police Department.
Activities:
• Develop meeting strategy, proposed and annotated agendas, and presentation/meeting
materials
• Facilitate process to identify, recruit, and empanel members
• Coordinate and facilitate project team meetings and individual coordination meetings to
prepare for TF meetings
• Coordinate and facilitate TF meetings ,ti ,
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• Facilitate selection of Chair and Co-Chair(Recommended community member and police
representative)
• Begin facilitation to create social media presence for the Task Force
• Begin facilitation of Task Force process to identify locations for listening sessions
• Hold and Facilitate Listening Sessions (Number to be determined by Task Force)
• Prepare Task Force for attendance at Listening Sessions
• Facilitate Task Forcers review and discussion of learnings from Listening Sessions
• Facilitate necessary training for all Task Force members of decision-making processes,city
bureaucracy, city support systems, etc.
• Facilitate creation of Subcommittees and expectations
• Facilitation of beginning of Subcommittee work
• Reporting to the Mayor and City Council
• Follow up with City staff team and Task Force members as needed t;;
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• Develop meeting summaries and action items t,,
• Support TF communication needs
Deliverables: .
• Draft and final annotated and proposed agendas and presentation materials
• Meeting coordination and facilitation
• Draft and final meeting summaries and action items
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Kearns&West Response to Group Facilitator for Community Task Force on Policing Page F' i '
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Key assumptions:
• Kearns &West Team to provide draft materials within agreed upon review timeframes
for distribution by the City one week prior to Task Force meetings .
• Kearns &West Team to participate with the City in up to 2 planning meetings with City •
staff team per Task Force meeting
• Kearns &West Team to participate in up to 2 individual coordination meetings with key
City departments per Task Force meeting
• Kearns &West Team to facilitate up to 24 Task Force meetings.Task Force meetings will
be up to 2 hours each,twice a month, and follow a regularly set meeting schedule
beginning in November 2020 through November 2021
• Kearns &West Team to develop meeting summaries following each Task Force meeting
for City staff team review
• City of Elgin to distribute Task Force meeting information, agendas, and materials to Task
Force members
• City of Elgin to develop and manage Task Force web page on City's website
• City of Elgin to manage all media and public inquiries
• City of Elgin to schedule and serve as the virtual host for Task Force meetings
• Assume 2 review rounds per deliverable (draft and final for distribution by City to Task
Force; refinements for final version from Task Force input)
Task 3: Task Force and Community Partner Outreach
Proposed Timeline: March to May 2021
Purpose: Assist the City and Task Force as needed to support outreach to community
organizations about the work of the Task Force.
Activities:
• Conduct interviews via phone,video conference, and email/electronic survey with
community organizations
• Follow-up to provide information •
• Continued facilitation of Subcommittees'work
• Continue updates to social media
• Facilitate beginning discussion of training and policies and culminate in initial
recommendations in specific areas of review
• Prepare Quarterly Report of progress and on-going work
• Prepare any recommendations in subcommittee-specific areas that have been approved
by full Task Force
• Facilitate review or creation of Community Outreach and Engagement Plan
• Facilitate continued listening to community during full Task Force meetings
Kearns&West Response to Group Facilitator for Community Task Force on Policing Page.11 , . ,. 1 •3•.1
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KEARNWEST
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• Report to the Mayor and City Council' ;#
Deliverables:
• Spreadsheet listing contacts,dates of contact, and notes
Key assumptions:
• City of Elgin to review and approve contacts before Kearns&West Team conducts
outreach
• Assume up-to 12 hours for direct outreach
Task 4: Final Task Force Recommendations Report
Proposed Timeline:June to August 2021
Purpose: Document and summarize work of the Task Force, key outcomes and
recommendations.
Activities:
• Continued work with Community Outreach and Engagement Plan
• Review and evaluation of national best practices
• Continued facilitation of Subcommittees' work: attendance at scenario-based trainings,
review of policies or procedures
• Review of practices and approaches to budget allocation
• Continue updates to social media
• Begin discussion of training and policies and culminate in initial recommendations in t
specific areas of review -.
• Compile information from Task Force meeting summaries 4,
• Draft report
Deliverables:
• Draft and final report
Key assumptions:
• Assume up to 1 review
Task 5: Project Administration
Proposed Timeline:Throughout Project .
t ,
Purpose: Manage project budget, schedule, and deliverables. Coordinate with City staff.
•
Kearns&West Response to Group Facilitator for Community Task Force on Policing . Pago• Z'` ,„r! i', "";
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• Activities:
• Develop and update project work plan
• Participate in planning meetings with City staff and document outcomes
• Manage budget and schedule
Deliverables:
• Draft and final meeting agendas
• Bi-weekly planning meetings and check-ins for duration of Task Force work(up to 24) `I
• Email with action items and brief notes following each planning meeting ' 1
• Updated workplan, budget, and schedule,as needed i
Key assumptions: '
• Assume twelve one-hour meetings to occur by conference call
• Assume up to twelve 30-minute meetings to occur by conference call
Task 6: Strategic Assistance
Proposed Timeline:Throughout Project
f Purpose: Provide support to City staff for unanticipated Task Force coordination tasks and
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strategic assistance as the need arises.. .or !I
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Activities: •
• Communications with City staff
Deliverables:
• To be defined outreach tasks and strategic advice
Key assumptions:
• Assume up to 25 hours for strategic assistance
Related Experience & References ,k
1. Racial Equity in Policing Commission (Salt Lake City. UT)
cli
1.
Larry Schooler is serving as co-facilitator of this large and diverse Commission that convened in
the wake of a highly controversial officer-involved fatal shooting of a mentally disabled resident.
Larry is designing and facilitating Commission meetings and subcommittee meetings and
, 't ,0 . oie.'': rl ;12'3,.
Kearns&West Response to Group Facilitator for Community Task Force on Policing Pagc,1'$, ' !.` 1411, :'
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