Template revised January 10, 2019.
COMMISSION
AGENDA MEMORANDUM
Item No.
8k
ACTION ITEM
Date of Meeting
June 13, 2023
DATE: May 15, 2023
TO: Stephen P. Metruck, Executive Director
FROM: Mike Villa, Chief of Police
SUBJECT: Contract 21CP to Validate Policing Assessment Completion Progress
Amount of this request:
$120,000
Total estimated project cost:
$349,350
ACTION REQUESTED
This item is requesting that (1) the Commission determines that a competitive process is not
appropriate or cost-effective and exempts the contract from a competitive process consistent
with RCW 53.19.020; (2) the Executive Director executes a contract with 21st Century Policing,
LLC (21CP) to provide expert services for reviewing and reporting on the progress of
implementing policing assessment recommendations for a contract total of not more than
$120,000 over a four-year period.
EXECUTIVE SUMMARY
Request Commission authorization to execute a competition exemption for the purpose of
contracting the original Consultant (21st Century Policing, LLC) that developed the Policing and
Civil Rights Task Force Facilitation and Assessment to review and report the ongoing
implementation progress of their 52 recommendations (issued in September 2021) and validate
the completion of recommendations by POSPD.
JUSTIFICATION
Port of Seattle Commission Motion 2020-15 authorized the creation of a Task Force on Port
Policing and Civil Rights (Task Force). The consultant, 21CP Solutions (21CP), was contracted in
September of 2020 to conduct a comprehensive assessment of the Port of Seattle Police
Department (POSPD) for a cost of $229,350. The Commission authorized this contract under RCW
53.19.020 with a competition waiver. 21CP worked collaboratively with the Task Force and its
multiple subcommittees to understand POSPD and determine recommendations for change. The
report titled, “Recommendations for the Port of Seattle Task Force on Policing and Civil rights”
was published in September 2021. The report does not contain metrics or make it clear how
progress on the recommendations will be tracked or who determines when a recommendation
is complete.
COMMISSION AGENDA – Action Item No. 8k Page 2 of 5
Meeting Date: June 13, 2023
Template revised June 27, 2019 (Diversity in Contracting).
This follow on contract would provide for third party validation of the work being done by POSPD
and the Port to comply with the recommendations. Further, it will provide for a report to be
completed each year that will make transparent to the organization and community the progress
on implementation of the 52 recommendations. The Chief of Police will provide details of the
department’s implementation progress when providing the police annual report to the
Commission. Competing this contract at this time is neither cost effective nor appropriate as
21CP worked with the Port and Task Force to make the original recommendations. 21CP
understands the concerns of the Port and the community and is aware of the intent behind each
of the recommendations. 21CP as the author of the original report would be expected to support
the recommendations as written and not add new intentions to the work being done to comply
with the original recommendations. A new consultant may have different ideas on best practices
and may not agree with the recommendations or their intent.
Diversity in Contracting
The intention of utilizing the same consultant that developed the original recommendations in
2020 (which was authorized with a competition waiver at that time) precludes the use of another
consultant for reasons listed in the memo and does not adversely or positively impact Diversity
in Contracting goals.
DETAILS
In September of 2021, 21CP Solutions issued a report titled, “Recommendations for the Port of
Seattle Task Force on Policing and Civil Rights”. The report contains 52 recommended changes
for the Port of Seattle Police Department (POSPD). The report does not contain metrics or make
it clear how progress on the recommendations will be tracked or who determines when a
recommendation is complete. This project will provide a mechanism to review on an annual basis
the work of the POSPD to implement the recommendations. It will also provide for a report that
details findings and makes transparent the progress on implementing the recommendations.
Scope of Work
The work will consist of three main categories:
• Annual review of documents provided by the POSPD that demonstrate the
implementation of recommendations.
• Annual in-person compliance audit to review implementation of policy and procedure
changes related to the recommendations.
• Annual written report that details the progress on implementing the recommendations
Tasks and Deliverables
1. Review of Documents
The Consultant will review documents provided to them by the POSPD for each of the
recommendations that POSPD believes have been implemented. The documents will provide a
COMMISSION AGENDA – Action Item No. 8k Page 3 of 5
Meeting Date: June 13, 2023
Template revised June 27, 2019 (Diversity in Contracting).
description of the work performed and other documentation that supports the completion of
that recommendation. The dates associated with the Tasks and Deliverables outlined below are
based on an assumption that POSPD will produce the relevant documentation by July 1, 2023,
for the first review and then by February 15, for each subsequent review.
Deliverables
• The Consultant will provide the Port with their initial written findings from the document
review and what additional documentation they may need to determine implementation
for each recommendation submitted. Due: July 28, 2023, and then 14 days before each
scheduled audit date.
• The Consultant will provide the Port with a list of persons or subject matter areas for any
interviews they intend to complete during the compliance audit. Due: July 28, 2023, and
then 14 days before each scheduled audit date.
2. Compliance Audits (May be a mixture virtual and on-site as needed)
The compliance audit will be used to answer questions that arise from the document review
through the use of interviews and additional documentation. It will also allow for the auditing of
any records or other information that are kept on site.
Deliverables
• Consultant will schedule virtual and in-person interviews/document reviews as needed to
determine compliance with recommendations. Due: August 15, 2023, and then March
31 of 2024, 2025, 2026.
3. Written Report
The written report will provide a brief background to how the recommendations were made and
the process by which the Consultant is evaluating the implementation. The report will provide a
brief description of the timelines in this agreement and a summary of all 52 recommendations
and the history of when each was determined to have been implemented. The Consultant will
provide detail of their findings for each recommendation submitted by POSPD in that year. It will
specifically detail if the recommendation has been implemented along with a brief description of
how it was completed. For those recommendations submitted that the consultant believes have
not been implemented, they will provide a description of what was lacking and what specific
tasks must be completed to prove implementation.
Deliverables
• An annual written report Due: August 31, 2023, and then April 15 of 2024, 2025, 2026.
• A presentation to the Port of Seattle Commission and/or the Port of Seattle Police
Department, if requested.
COMMISSION AGENDA – Action Item No. 8k Page 4 of 5
Meeting Date: June 13, 2023
Template revised June 27, 2019 (Diversity in Contracting).
Schedule
Anticipated Notice to Proceed (Consultant
cannot start work until a fully executed SD
from the Port is received)
2023 Written Report
2024 Written Report
2025 Written Report
2026 Written Report
ALTERNATIVES AND IMPLICATIONS CONSIDERED
Alternative 1 – Complete a competitive process for a consultant to review and report on
implementation progress for the 52 recommendations.
Pros:
(1) A competitive process open to all consultants
Cons:
(1) Additional cost and time for a new consultant to understand the Port, POSPD, the
recommendations and their intent.
(2) A new consultant may not understand the intent of the original recommendations and
may have different viewpoints on the recommendations and policing best practices.
This is not the recommended alternative.
Alternative 2 – Have a port employee be responsible for validating and reporting on the
implementation of the recommendations.
Pros:
(1) Work may be completed more quickly.
(2) Cost may be absorbed in existing employees’ work time.
Cons:
(1) Lack of third-party validation and possible negative public perceptions.
(2) Port employees lack of knowledge and understanding of policing.
This is not the recommended alternative.
Alternative 3 – Do a competitive exemption and allow the original consultant to examine and
report on the progress made in the implementation of their recommendations.
Pros:
(1) Provides third part validation of recommendation implementation.
(2) Provides consistency with the original recommendations.
(3) Provides quicker start-up time by original consultant understanding the Port, POSPD,
the recommendations and their intent.
COMMISSION AGENDA – Action Item No. 8k Page 5 of 5
Meeting Date: June 13, 2023
Template revised June 27, 2019 (Diversity in Contracting).
Cons:
(1) Lack of a competitive process to hire a consultant.
This is the recommended alternative.
ATTACHMENTS
None.
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
September 14, 2021 – The Commission was briefed on Final Policing Assessment Report
featuring Task Force Recommendations
September 8, 2020 – The Commission authorized 21CP contract under RCW 53.19.020 with a
competition waiver
July 14, 2020 – The Commission authorized creation of Policing and Civil Rights Task Force
(Motion 2020-15)