R-12-06-28-G4 - 6/28/2012 R
LIL
ppt
e
RESOLUTION NO. R-12-06-28-G4
WHEREAS, the City of Round Rock desires to retain professional consulting services for
c
Comprehensive Analysis of Fire Services; and
WHEREAS, International City/County Management Association has submitted an Agreement
1
for Consulting Services to provide said services; and
WHEREAS, the City Council desires to enter into said agreement with International
City/County Management Association, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Consulting Services for Comprehensive Analysis of Fire Services With International
City/County Management Association, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
f
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 28th day of June, 2012.
z
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
r.
F
0\wdox\SCC1nts\0112\1204AMU ICIPALA00252567.DOC/rmc
t
I
a`
}
EXHIBIT
„A»
CITY OF ROUND ROCK =`
AGREEMENT FOR CONSULTING SERVICES
FOR COMPREHENSIVE ANALYSIS OF FIRE SERVICES
THIS AGREEMENT is made and entered into on this the_&4—day of�7`yjt.2
2012,by and between the City of Round Rock, a Texas home-rule municipal corporation,whose
offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (hereinafter referred =`
to as the "City"), and the International City/County Management Association, whose offices are
located at 777 North Capitol Street NE, Suite 500, Washington, DC 20002 (hereinafter referred
to as the"Consultant"). i
RECITALS:
i
x
WHEREAS, City desires to contract for Consultant's services generally described as
preparation of a comprehensive analysis of the City of Round Rock Fire Department and the
development of recommendations of appropriate staffing levels, review of potential fees for
service,and evaluation of the current medical first responder system with recommendations; and {
WHEREAS,City has determined that there is a need for the delineated services;and
WHEREAS,City desires to contract for such services; and
l
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights,duties and obligations hereunder;
NOW,THEREFORE,WITNESSETH: i
That for and in consideration of the mutual promises contained herein and other good and f'
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE,DURATION,AND TERM
{
This Agreement shall be effective on the date it has been signed by every party hereto, k
and shall remain in full force and effect unless and until it expires by operation of the term
indicated herein,or is terminated or extended as provided herein.
s
The initial term of this Agreement shall be until full and satisfactory completion of the
work specified herein is achieved, but in no event later than twelve (12) months from effective
date hereof. Renewal,at City's sole and unfettered election, is not prohibited.
i
City reserves the right to review this Agreement at any time, and may elect to terminate
this Agreement with or without cause or may elect to continue.
t
Y:
00250104.doc/jmr
F
6.
¢4
k„
r
r
2.01 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant a total amount of Sixty-eight Thousand Four Hundred and
No/100 Dollars ($68,400.00), in payment for services and the Scope of Services deliverables as
delineated herein and in attached exhibits. No reimbursable expenses are authorized in this
Agreement.
3.01 PROPOSAL FOR SERVICES
For purposes of this Agreement, Consultant has issued its Proposal for Comprehensive
Analysis of fire Services (the "Proposal") for services for the tasks delineated therein. The
Proposal is appended to this Agreement as Exhibit "A," and is incorporated herein by reference
for all purposes.
4.01 SCOPE OF SERVICES
Consultant shall satisfactorily provide all services described under this "Scope of f
{
Services" category and Exhibit "A." Consultant's undertakings shall be limited to performing
services for City and/or advising City concerning those matters on which Consultant has been 1'
specifically engaged. Consultant shall perform services in accordance with this Agreement, in
accordance with the appended Project Schedule for services, and in accordance with due care
and prevailing consulting industry standards for comparable services.
5.01 LIMITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be performed is enumerated in
Exhibit "A" and herein, and may not be changed without the express written agreement of the
parties. Notwithstanding anything herein to the contrary, the parties agree that City retains
absolute discretion and authority for all funding decisions, such to be based solely on criteria
accepted by City which may be influenced by but not be dependent on Consultant's work.
6.01 REQUIRED DRAFT REPORTS AND FINAL REPORT
Consultant agrees to provide City with draft reports and a detailed final written report,
together with all information gathered and materials developed during the course of the project.
At a minimum, Consultant shall provide ten (10) electronic copies of the final report on CD in
PDF format.
{
Consultant agrees to provide City with additional bound copies of the final written report,
if and as requested, with the right to make additional copies being at the sole election of City. x'f
All copies of the written final report will be to specifications as delineated by City.
x.
2
x
7.01 PAYMENT FOR SERVICES
Payment for Services: In consideration for the consulting services to be performed by
Consultant, City agrees to pay Consultant the contract amount as stated in Section 2.01.
f
Deductions. No deductions shall be made from Consultant's compensation on account
of penalty, liquidated damages or other sums withheld from payments to Consultant.
Additions. No additions shall be made to Consultant's compensation based upon Project
claims,whether paid by City or denied.
8.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices. To receive payment for services, Consultant shall prepare and submit a series
of monthly invoices in a form acceptable to City. Each invoice for professional services shall
track the "Scope of Services" category herein, and shall state and detail the services performed,
along with documentation for each service performed. All payments to Consultant shall be made
on the basis of the invoices submitted by Consultant and approved by City. Such invoices shall
conform to the schedule of services and costs in connection therewith. Should additional backup
material be requested by City, Consultant shall comply promptly with such request. In this
regard, should City determine it necessary, Consultant shall make all records and books relating
to this Agreement available to City for inspection and auditing purposes.
fi
Payment of Invoices. City reserves the right to correct any error that may be discovered
in any invoice that may have been paid to Consultant and to adjust same to meet the x%
requirements of this Agreement. Following approval of invoices, City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 9.01 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant '
and City or because of amounts which City has a right to withhold under this Agreement or state
law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the
services, but not for taxes based upon Consultant's net income.
Offsets. City may, at its option, offset any amounts due and payable under this
Agreement against any debt(including taxes) lawfully due to City from Consultant, regardless of
whether the amount due arises pursuant to the terms of this Agreement or otherwise and
regardless of whether or not the debt due to City has been reduced to judgment by a court.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Consultant will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
3
x
i
's
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the"rate in effect"on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Consultant and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or F=
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
10.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Contractor a written notice of termination at the end of its then-current fiscal year.
11.01 TIMETABLES
Unless otherwise indicated to Consultant in writing by City, or unless Consultant is
unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control,
Consultant shall perform all services in conformance with the Project Schedule contained in the K
Proposal (the"Project Schedule").
12.01 SUPPLEMENTAL AGREEMENTS
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or City Manager action, if City determines that there has
been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement, that being
twelve (12) months from the effective date hereof. Consultant shall not perform any work or
incur any additional costs prior to the execution, by both parties, of such Supplemental
4
r
Yt
a
i
S
Agreement. Consultant shall make no claim for extra work done or materials furnished unless r
and until there is full execution of any Supplemental Agreement, and City shall not be
responsible for actions by Consultant nor for any costs incurred by Consultant relating to
additional work not directly authorized by Supplemental Agreement. '
fr
13.01 TERMINATION; DEFAULT
F
Termination: It is agreed and understood by Consultant that City may terminate this
Agreement for the convenience of City, upon thirty (30) days' written notice to Consultant, with
the understanding that immediately upon receipt of said notice all work being performed under
this Agreement shall cease. Consultant shall invoice City for work satisfactorily completed and '
shall be compensated in accordance with the terms hereof for work accomplished prior to the
receipt of said notice of termination. Consultant shall not be entitled to any lost or anticipated
profits for work terminated under this Agreement. Unless otherwise specified in this Agreement,
all data, information, and work product related to this project shall become the property of City
upon termination of this Agreement, and shall be promptly delivered to City in a reasonably
organized form without restriction on future use, subject to the conditions set forth herein.
Should City subsequently contract with a new consultant for continuation of service on the
project, Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of City
and the terminated party to fulfill contractual obligations. Termination under this section shall
not relieve the terminated party of any obligations or liabilities which occurred prior to ;
termination.
Nothing contained in this section shall require City to pay for any work which it deems
unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the party provides the other party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the parties).
If default results in termination of this Agreement, then City shall give consideration to
the actual costs incurred by Consultant in performing the work to the date of default. The cost of
the work that is useable to City, the cost to City of employing another firm to complete the
useable work, and other factors will affect the value to City of the work performed at the time of
default. Neither party shall be entitled to any lost or anticipated profits for work terminated for
default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and $"
obligations of the terminating party and the terminated party to fulfill contractual obligations.
E;
5
;
c
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require City to pay for any work which it deems
unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
14.01 NON-SOLICITATION
Except as may be otherwise agreed in writing, during the term of this Agreement and for
twelve (12) months thereafter, neither City nor Consultant shall offer employment to or shall 1
employ any person employed then or within the preceding twelve (12) months by the other or
any affiliate of the other if such person was involved, directly or indirectly, in the performance of
this Agreement. This provision shall not prohibit the hiring of any person who was solicited
solely through a newspaper advertisement or other general solicitation.
15.01 CITY'S RESPONSIBILITIES
Full information: City shall provide full information regarding project requirements.
City shall have the responsibility of providing Consultant with such documentation and
information as is reasonably required to enable Consultant to provide the services called for.
City shall require its employees and any third parties who are otherwise assisting, advising or
representing City to cooperate on a timely basis with Consultant in the provision of its services.
Consultant may rely upon written information provided by City and its employees and agents as
accurate and complete. Consultant may rely upon any written directives provided by City or its
designated representative concerning provision of services as accurate and complete.
Required materials: Consultant's performance requires receipt of all requested
information reasonably necessary to provision of services. Consultant agrees, in a timely
manner,to provide City with a comprehensive and detailed information request list, if any.
16.01 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, not City's employee. Consultant's employees or
subcontractors are not City's employees. This Agreement does not create a partnership
relationship. Neither party has authority to enter into contracts as agent for the other party.
Consultant and City agree to the following rights consistent with an independent contractor
relationship:
A. Consultant has the right to perform services for others during the term of this
Agreement;
B. Consultant has the sole right to control and direct the means, manner and method
by which services required by this Agreement will be performed;
6
i
C. Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement; F
}
D. Consultant or its employees or subcontractors shall perform the services required
hereunder. City shall not hire, supervise, or pay any assistants to help Consultant;
E. Neither Consultant nor its employees or subcontractors shall receive any training
from City in the skills necessary to perform the services required by this t`
Agreement; '
F. City shall not require Consultant its employees or subcontractors to devote full
time to performing the services required by this Agreement; and
G. Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of City.
17.01 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by City for use by Consultant in
connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that City is subject to the Texas Public Information
Act and its duties run in accordance therewith.
All data relating specifically to City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other party's Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
Notwithstanding anything to the contrary contained herein, neither party shall be
obligated to treat as confidential any information disclosed by the other party (the "Disclosing
7
Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing
Party; (2) is released by the Disclosing Party to any other person or entity (including
governmental agencies) without restriction; (3) is independently developed by the recipient
without any reliance on Confidential Information; or (4) is or later becomes publicly available
without violation of this Agreement or may be lawfully obtained by a party from any non-party.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential
Information of the other to a third party as may be required by law, statute, rule or regulation,
including subpoena or other similar form of process, provided that (without breaching any legal t
or regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit Consultant from providing similar services for other clients.
Neither the City nor Consultant will be liable to the other for inadvertent or accidental
disclosure of Confidential Information if the disclosure occurs notwithstanding the party's
exercise of the same level of protection and care that such party customarily uses in safeguarding
its own proprietary and confidential information.
Notwithstanding anything to the contrary in this Agreement, City will own as its sole
property all written materials created, developed, gathered, or originally prepared expressly for
City and delivered to City under the terms of this Agreement (the "Deliverables"); and
Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods,
techniques, processes, software, or other similar information which may have been discovered, x
created, developed or derived by Consultant either prior to or as a result of its provision of
services under this Agreement (other than the Deliverables). Consultant's working papers and
Consultant's Confidential Information (as described herein) shall belong exclusively to
Consultant. City shall have a non-exclusive, non-transferable license to use Consultant's
Confidential Information for City's own internal use and only for the purposes for which they are
delivered to the extent that they form part of the Deliverables.
18.01 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed in a
professional and workmanlike manner. Consultant shall re-perform any work not in compliance
with this representation.
19.01 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of City or of this
Agreement, then and in that event City shall give written notification to Consultant; thereafter,
(a) Consultant shall either promptly re-perform such services to City's satisfaction at no
8
additional charge, or (b) if such deficient services cannot be cured within the cure period set
forth herein, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by City, its directors, employees or agents.
In no event shall Consultant be liable to City, by reason of any act or omission relating to
the services provided under this Agreement (including the negligence of Consultant), whether a
claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit, punitive,
special or similar damages relating to or arising from the services, or (b) in any event, in the
aggregate, for any amount in excess of the total professional fees paid by City to Consultant
under this Agreement, except to the extent determined to have resulted from Consultant's gross
negligence, willful misconduct or fraudulent acts relating to the service provided hereunder.
20.01 INSURANCE
Insurance. Consultant, at Consultant's sole cost, shall have and maintain during the term
of this Agreement professional liability insurance coverage in the minimum amount of One
Million Dollars from a company authorized to do insurance business in Texas and otherwise
acceptable to City.
Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Consultant, Consultant shall require each subconsultant performing work under this Agreement
to maintain during the term of the Agreement, at the subconsultant's own expense, the same
stipulated minimum insurance required in the immediately preceding paragraph, including the
required provisions and additional policy conditions as shown below.
Consultant shall obtain and monitor the certificates of insurance from each subconsultant
in order to assure compliance with the insurance requirements. Consultant must retain the
certificates of insurance for the duration of this Agreement, and shall have the responsibility of
enforcing these insurance requirements among its subconsultants. City shall be entitled, upon
request and without expense, to receive copies of these certificates of insurance.
Insurance Policy Endorsements. Each insurance policy hereunder shall include the
following conditions by endorsement to the policy:
1. Each policy shall require that thirty(30)days prior to the expiration, cancellation,
on-renewal or any material change in coverage, a notice thereof shall be given to
City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
9
}
Consultant shall also notify City, within 24 hours of receipt, of any notices of
expiration, cancellation, non-renewal, or material change in coverage it receives $.
from its insurer.
i
2. Companies issuing the insurance policies shall have no recourse against City for
payment of any premiums or assessments for any deductibles which all are at the d
sole responsibility and risk of Consultant.
0'
3. Terms "City" or "City of Round Rock" shall include all authorities, boards,
commissions, departments, and officers of City and individual members, '
employees and agents in their official capacities, or while acting on behalf of the
City of Round Rock.
4. The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any future coverage, or to City's Self-Insured
Retentions of whatever nature.
5. Consultant and City mutually waive subrogation rights each may have against the
other for loss or damage, to the extent same is covered by the proceeds of
insurance.
s
Cost of Insurance. The cost of all insurance required herein to be secured and
maintained by Consultant shall be borne solely by Consultant, with certificates of insurance
evidencing such minimum coverage in force to be filed with the City.
i
21.01 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
Compliance with Laws. Consultant, its consultants, agents, employees and
subcontractors shall use best efforts to comply with all applicable federal and state laws, the
Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules
and regulations promulgated by local, state and national boards, bureaus and agencies. a
Consultant shall further obtain all permits and licenses required in the performance of the
services contracted for herein.
Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the
services performed hereunder. City is qualified for exemption pursuant to the provisions of
Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
22.01 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required for the
construction of the Project.
10
i
:
23.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
k
24.01 LOCAL,STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. City will not do the following:
1. Withhold FICA from Consultant's payments or make FICA payments on
Consultant's behalf; or
2. Make state and/or federal unemployment compensation contributions on
Consultant's behalf, or E
s
3. Withhold state or federal income tax from Consultant's payments.
f
25.01 NOTICES A
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows: when delivered personally to recipient's
address as stated in this Agreement; or three (3) days after being deposited in the United States
mail,with postage prepaid to the recipient's address as stated in this Agreement.
Notice to Consultant:
777 North Capitol Street NE, Suite 500
Washington, DC 20002
Notice to City:
City Manager AND TO: City Attorney
221 East Main Street 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Consultant.
11
26.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas; if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue shall lie in Williamson County, Texas. This Agreement shall be governed by
and construed in accordance with the laws and court decisions of the State of Texas.
27.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between '#
Consultant and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
28.01 DISPUTE RESOLUTION
City and Consultant hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14)or any applicable state arbitration statute.
29.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement, through a process
of mutual agreement and negotiation, to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision. The provisions of this
section shall not prevent this entire Agreement from being void should a provision which is of
the essence of this Agreement be determined void.
30.01 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
subconsultants, in a manner acceptable to City and according to generally accepted business
practices.
12
31.01 GRATUITIES AND BRIBES
City may, by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City officer, employee or elected representative with respect to the E
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
32.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
33.01 MISCELLANEOUS PROVISIONS
4
Time of the Essence. Consultant agrees that time is of the essence and that any failure of
Consultant to complete the services for each phase of this Agreement within the agreed Project
Schedule may constitute a material breach of this Agreement. Consultant shall be fully
responsible for its delays or for failures to use reasonable efforts in accordance with the terms of
this Agreement. Where damage is caused to City due to Consultant's failure to perform in these
circumstances, City may withhold, to the extent of such damage, Consultant's payments
hereunder without waiver of any of City's additional legal rights or remedies. City shall render
decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly
progress of Consultant's work.
Force Majeure. Neither City nor Consultant shall be deemed in violation of this t
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible or circumstances beyond its control. However, notice of such
impediment or delay in performance must be timely given, and all reasonable efforts undertaken
to mitigate its effects.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
13
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument. City agrees to provide Consultant with
one fully executed original.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK,TEXAS
By:
Alan McGraw,Mayor
Date Signed:
t
FOR CITY,ATTEST:
By:
Sara L. White, City Clerk
FOR CITY,APPROVED AS TO FORM:
b
i
i
By:
Stephan L. Sheets, City Attorney
INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION
Consultant
By:
Printed Name: K&hna Sob
Title:
Date Signed: -
14
Proposal for Comprehensive Analysis of fire Services
{
Round Rock, Texas
5
i_
C E N T E R F 0 R P U B L I C S A F E T Y M A N A G E- M E N T
Submitted by:
ICMA Center for Pubic Safety Management
International City/County Management Association
777 North Capitol Street, NE - Suite 500
Washington, DC 20002
202-962-3607
ICM
Leaders at the Core of Better CommunitiesE:A
IT
Leaders at the Core of Better Communities
April 19,2012
Mr.Steven Norwood
City Manager
City of Round Rock
221 E.Main St.
Round Rock,Texas
Dear Mr. Norwood:
The ICMA Center for Public Safety Management is pleased to submit this proposal for an analysis
of fire services for the City of Round Rock.
This proposal is specifically designed to provide the City of Round Rock with a thorough and
unbiased understanding of the performance of the department.Because this issue will have a
dramatic impact on the community and because the City of Round Rock must have complete
confidence in the outcome of our report,we have assembled what must be considered a
premier team of subject matter experts with nationally recognized expertise in a wide range of
public safety services.
Our project management staff has decades of experience supporting clients in the local
government,state and private sectors as well.Because of the expertise that each of these
persons bring,you can expect the highest quality solution.
As you know, ICMA has provided direct services to local governments nationwide for decades,
which have helped to improve the quality of life for millions of residents in the United States and
abroad.From an enterprise-wide perspective,we guarantee an honest-broker solution for
Locality's challenge.I,along with my colleagues at ICMA, greatly appreciate this opportunity
and would be pleased to address any comments you may have.You may contact me at
716.969.1360 or via email at Imalarese@icma.org.
Sincerely,
Leonard A.Matarese
Director,Research and Project Development
ICMA Center for Public Safety Management
EXHIBIT
ICMA Center for Pubifc Safety Management- Round Rock, Texas Page 2 of 25
Overview
The International City/County Management Association (ICMA)is a 100 year old,non-profit
professional association of local government administrators and managers,with approximately
9,000 members located in 32 countries.
Since its inception in 1914,ICMA has been dedicated to assisting local governments in providing
services to its citizens in an efficient and effective manner.Our work spans all of the activities of
local government-parks,libraries,recreation, public works,economic development,code
enforcement, Browntleld's,public safety,etc
ICMA advances the knowledge of local government best practices across a wide range of
platforms including publications,research,training, and technical assistance.Our work includes
both domestic and international activities in partnership with local,state and federal
governments as well as private foundations. For example,we are involved in a major library
research project funded by the Bill and Linda Gates Foundation and we are providing
community policing training in Panama working with the U.S.State Department.We have
personnel in Afghanistan assisting with building wastewater treatment plants and have teams in
Central America providing training in disaster relief working with SOUTHCOM.
The ICMA Center for Public Safety Management QCMA/CPSM) is one of four Centers within the
US Programs of ICMA,providing support to local governments in the areas of police,fire, EMS,
Emergency Management and Homeland Security.In addition to providing technical assistance
in these areas we also represent local governments at the federal level and are involved in
numerous projects with the Department of Justice and the Department of Homeland Security.
ICMA/CPSM is also involved in police and fire chief selection;assisting local governments in
Identifying these critical managers through original research we have conducted identifying the
core competencies of police and fire managers and providing assessment center resources.
Our local government technical assistance includes workload and deployment analysis, using
Operations Research techniques and credentialed experts to Identify workload and staffing
needs as well as best practices.We have conducted approximately 100 such studies in
communities ranging in size from 8,000 population Boone,IA to 800,000 population Indianapolis,
IN.
Thomas Wieczorek is the Director of the Center for Public Safety Manager.Leonard Matarese
serves as the Director of Research & Program Development.
EXHIBIT
a L
ICMA Center for Pubfic Safety Management- Round Rock, Texas Page 3 of 25
i
Overview
Among ICMA's many activities,it assists local governments through a variety of programs that
focus on specific local government concerns including police and fire. ICMA's focus is on the
management perspective in organizing and operating these areas. ICMA Center for Public
Safety Management acts as an objective and trusted broker tapping into the knowledge of the
association's membership base and combining expertise from other appropriate experts to offer
innovative ideas,lessons learned,and leading practices to communities.The program provides
practical advice and resources that local government managers and staff need to improve
services and service delivery in their communities.
We apply standard project management practices to each solution,ensuring that:
• All projects are completed within the contractual scope of work;
• Are completed on time,and within budget.
We rely on these principles to ensure that the final solution meets the client objectives for
comprehensive and concise analysis of resource deployment.
Methodology
The ICMA team follows a standardized approach to conducting analyses of police,fire, and
EMS departments. We have developed this standardized approach by combining the
experience sets of dozens of subject matter experts in the areas of police,fire,homeland
security and EMS.Our collective team has more than a combined 100 years of conducting
studies for cities in the United States and internationally.
We begin projects by extracting calls for service and raw data from an agency's computer
aided dispatch system.The data are sorted and analyzed for comparison to nationally
developed performance indicators.These performance indicators (response times,workload by
time,multiple unit dispatching,etc.) are valuable measures of agency performance.The
findings are shown in tabular as well as graphic form and follow a standard format for
presentation of the analyzed data.While the format will be similar from community to
community,the data reported are unique to the specific community.Due to the size and
complexity of the documents, this allows for simple,clean reporting.The reports generated from
analyzing the data serve as the basis for many accreditation fire or documents such as
"Standards of Response Coverage"and the on-site review.
ICMA will conduct an operational review alongside a data analysis using the performance
Indicators as the basis for the operational review. Prior to any on-site arrival of an ICMA team,
agencies are asked to compile a number of key operational documents (policies and
procedures,assets lists,etc.).Most on-site reviews consist of interviews with management and
supervisors as well as rank and file officers;attendance at roll calls;and ride-alongs with staff.We
review case files and observe dispatch operations to ensure compliance with the provided
written documentation.
As a result of any on-site visits and data assessments, our subject matter experts produce
observations and recommendations which highlight strengths,weaknesses,opportunities and
threats of the department.
We have found that this standardized approach insures that we measure and observe all of the
critical components of agencies which establish the baseline performance levels.This
information can be used to benchmark against comparable cities.We're able to do this
because we recognize that while agencies may vary in size and challenges,there are best
practices in use throughout the country.
ICMA Center for Public Safety Management-Rou age 4 of 25
EXHIBIT
25
We liken this standardized approach to the manner of an auditing process:
• ICMA asks questions and requests documentation upon project start up;
• We confirm accuracy of information received;
• We deploy operations teams on-site to research the uniqueness of each environment;
• We perform data modeling and share preliminary findings with each city; and
• We assess any inconsistencies reported by client cities and communicate our results in a
formal,written report.
f
t
7
t
EXHIBIT
A
Zs
ICMA Center for Public Safety Management- Round Rock, Texas Page 5 of 25
1CMA's
Fire departments staff their stations and train their personnel to respond to a wide array of fire
and vehicular accident emergencies.EMS is likely a significant demand upon the City of Round
Rock Fire Department.in addition,many departments use the long intervals between calls for
service for a variety of prevention activities.Research in the United Kingdom as well as by FEMA
has shown that the most cost-effective approach to fire deployment is the elimination of calls.if
a call is received,eliminating hazards decreases the risk faced by first responders and may result
in a more positive outcome.These preventive strategies should include building code
enforcement and quality of life enforcement issues.The effort may also include fire extinguishers
and automatic sprinkler systems.All of these prevention and rapid response activities are laid
out below.
FIRE CHALLENGES
y
Erfy.Retegtton Early people Stop Fire
[Pr4iZlon Rstrortirlg Suppression Fescue; S read
' • t
l
Code Smoke Fire Extinguisher Rapid Response Rapld Response
Enforcement Detector Automatic L Rescue Squad Fire Engines f
Fire Alarm Sprinklers
FFIRE DEPARTMENT ACTIONS
The resulting data study will gather and analyze data on the number of personnel on duty,as
well as the efficiency and effectiveness of the current deployment on the fire runs.Resources
utilization will be quantified for concentration,location,and drawdown.
The study will also analyze fire call data to provide a comprehensive review of fire services
including a detailed analysis of workloads and response times.The analysis of the workloads
should begin with an in-depth study of the types of calls handled and their severity.The goal of
this data gathering would be to explicate the fundamental nature of the fire challenge faced
by the Fire Department.
The study will pay special attention to fires reported In residences or building and will require the
use a number of measures of severity to categorize these reported building fires. Some
examples of questions to be answered as a part of the study include:Did the fire spread beyond
ICMA Center for Public Safety Managemen EXHIBIT Page 6 of 25
A
local source? What was the extent of the damage? How long did the engine companies work
at the scene?
For each call type,we will determine the time spent on-scene and the manpower personnel
who worked the scene.This data will be aggregated to determine an overall average total time
spent on fire calls per 24-hour period and by shift for each engine company.It will document
any dramatic variations by time of day and day of week as well as seasonal variations.It will also
require the review the department's fire prevention activities that fire personnel carry out
between emergency calls.The study will also analyze data to determine the proportion of calls
and the associated workload that arise within the City of Round Rock's borders compared to
mutual aid calls.
Response time is an important statistic in emergency service systems.We will determine:
❑ Average response time
❑ Distribution of response times for different call categories
❑ Response time for the second arriving engine company,where possible
We will also Identify and review calls that experienced unusually long response times.
Operations Review
Using information analyzed by the data team,an operational assessment by ICMA will be
conducted to evaluate the deployment of emergency resources.
The ICMA team will evaluate equipment,maintenance,records, policies,procedures,and
stations to create recommendations for future service delivery.
The team may meet with elected and appointed officials as well as identified community
leaders to determine the outcome they are seeking from deployment of resources.
Observations and recommendations will be developed around ten key areas:
• Governance and Administration
• Assessment and Planning
• Goals and Objectives
• Financial Resources
• Programs (To include fire suppression,EMS,fire prevention,public education,fire
investigation,rescue, hazardous materials, homeland security,marine services,and
other programs)
• Physical resources
• Human Resources
• Training and Competency
• Essential Resources (Water,Communications, Administrative support)
• External System Relationships
Using GIS technology we will review the current locations of deployed equipment and stations
with-recommendations developed for the future. Key to making these determinations will be
response time for dispatched units.
The ICMA data team has created a methodology for determining resource utilization that
quantifies the maximum and minimum deployment of personnel and equipment.It is unlike any
other approach currently used by consultants and Is indicative of the desire by ICMA to deliver
the right resources at the right time.
EXHIBIT
2
ICMA Center for Pubf c Safety Management- Round Rock, Texas Page 7 of 25
Emergency Medical Services-
Fire departments often provide emergency medical services as first responders and may also
transport the patients to hospitals.One key variable is the level of training and equipment of the
EMS responders.In between calls they may be actively involved in public education programs.
Numerous studies have documented the importance of widespread CPR training especially
when witnessing a sudden cardiac arrest.All of these prevention and rapid response activities
are laid out below.
FEMS CHALLENGES
FL IVtedl`�at Early Oeteciton Early Action 8tabtixe Transport
Pre�rsirtton &;tie,orttno,
Medical Incident
Progression
Rublia Public and Public CPR! Rapid ALS ALS
Education Targeted Training Response Transport
Education
FMS DEPARTMENT ACTIONS_
r
Fire Departments provide emergency medical services in addition to fire suppression duties. In
this project we will analyze 2011 EMS call data to provide a comprehensive review of
emergency medical services including a detailed analysis of workloads and response times.The
analysis of the workloads will begin with an in-depth study of the types of calls handled and their
severity.The goal is to explicate the fundamental nature of the emergency medical challenge
faced by the community's Fire Department.We will pay special attention to the most critical
emergencies such as heart attack and serious vehicular accidents.
For each call type,we will determine the time spent on-scene and the manpower personnel
who worked the scene.These data will be aggregated to determine an overall average total
time spent on fire calls per 24-hour period for each ambulance company.We will also
determine how much EMS calls contribute to the workload of fire engine companies since they
also respond to most calls.We will document any dramatic variations by time of day and day of
week as well as seasonal variations.
Response time is an important statistic in emergency service systems.We will determine not only
average response time but also the distribution of response times for different call categories.
We will also Identify and review calls that experienced unusually long response times.
ICMA Center for Pubfic Safety Management- EXHIBIT Page 8 of 25
o ZS
Analysis of the Busiest Hours of the, Year
Fire departments often speak of the"worst case scenario"or"resource exhaustion"when
developing staffing and deployment plans.In reality,on agency can never staff for the worst
case scenario,because whatever situation can be envisioned,there can always be a more
serious event that can be planned.
What Is needed to make staffing and apparatus decisions is a clear understanding of what
levels of demand can reasonably be expected over specific periods of time in a specific
jurisdiction.For example,what are the busiest calls for service times over a one year period and
what levels of staffing and apparatus were needed to handle this workload?
To answer this question requires a detailed analysis of calls for service,broken down minute by
minute,Identifying which units were busy and how many units remained available to respond to
a new call for service.More sophisticated analysis can take into consideration available mutual
aid resources.
There Is significant variability in the number of calls from hour to hour.One special concern
relates to the fire resources available for the highest workload hours.We tabulate the data for
each of 8760 hours in the year.We identify how often the fire department will respond to more
than a specified number of calls in an hour.In studying call totals,it is important to remember
that an EMS run typically lasts,on average,a different amount of time than a fire category call.
Example of"Busiest Hour Analysis"
What follows is an example of an ICMA study of a fire department with 17 units staffed all the
time.For the vast majority of these high volume hours,the total workload of all units combined is
equivalent to 3 or fewer units busy the entire hour.For the ten highest volume hours,0.1%of the
hours,the total workload exceeded 3 hours.All of these high volume hours occurred between
10 a.m.and 9 p.m.
The hour with the most work was between 1000 and 1100 on September 12,2009.The 21 calls
Involved 34 runs.The combined workload was 417 minutes.This is equivalent to 7 firefighting units
being busy the entire hour.However,in the City there are 17 units staffed all of the time. During
the worst portion of the hour,there were always at least 5 units still available to respond
immediately.Only 5 of the 17 units were busy more than 30 minutes during this hour.
The hour with the most calls was between 1400 and 1500 on October 13,2009.The 23 calls
Involved 28 runs.The combined workload was 379 minutes.This is equivalent to between 6 and 7
firefighting units being busy the entire hour.However,in the city there are 17 units staffed all of
the time.During the worst portion of the hour,there were always at least 7 units still available to
respond immediately.Only of the 17 units were busy more than 30 minutes during this hour.
EXHIBIT
Z
ICMA Center for Public Safety Management- Round Rock, Texas Page 9 of 25
Table 1. Frequency Distribution of the Number of Calls
Number of Calls in
an Hour Frequency
0-5 6397
6-10 2263
11-15 98
16 or more 2
Observations:
• A total of 6,397 hours (73%) in a year have received 0-5 calls.
• A total of 2,263 hours (25.8%) Ina year have received 6-10 calls.
• A total of 100 hours (1.2%) in a year have received 11 or more calls.
Table 2.Top Ten Hours with the Most Calls Received
HOURS Number Number of Total Busy
of Calls Runs Minutes
13-Oct-2009 1400 23 28 379
12-Sep-2009 1000 21 34 417
20-Jun-2009 2000 15 16 252
02-Feb-2009 1900 15 16 213
10-Jui-2009 1000 14 15 226
15-Feb-2009 1900 14 20 317
29-Jul-2009 1700 14 18 274
23-Feb-2009 1100 14 15 180
17-Mar-2009 1500 14 17 193
01-Mar-2009 1800 13 1 14 185
EXHIBIT
ICMA Center for Public Safety Management- Round Rock, Texas Page 10 of 25
Table 3.Deployed Minutes by Unit for the Hour between 10 a.m.and 11 a.m.on 12-Sep-2009
Station 1 2 3 4 5 6 7 9 10 11 12 13 14 Number of
Units
Unit El E2 T2 E3 T3 E4 T4 E5 E6 E7 T7 E9 E10 Ell E12 E13 E14 Bus Free
0-5 1 16
5-10 1.9 '; E7 3 14
10-15 .6 7 10
15-20 Y 8 9
20-25 l': 7 10
25-30 5 12
30-35 5 12
35-40
� --1 6 11
40-45 :1.�,_ 0.7_: 9 8
45-50 11 b
50-55 Qy9... 2:5 Q3. ..3 12 5
55-60 104 11 6
Total 12.5 12.3 0.0 40.6 40.5 23.1 11.3 0.0 4.1 113111.8 34.8 8.4 39.6 +43x2 l 6.5 1 g:0
Note: The numbers in the cells are the busy minutes within the 5 minute block. The cell values greater than 2.5 are coded as red.
Observations:
• Between 10 a.m.and 11 a.m.on September 12,2009,the fire department responded to 21 calls and dispatched 34 units
to these calls.
taer • In the city there are 17 units staffed all of the time. During the worst portion of this hour,there were always at least 5 units
still available to respond immediately.Only 5 of the 17 units were busy more than 30 minutes during this hour.
M
X
_m
ICMA Center for Public Safety Management-Round Rock, Texas Page 11 of 25
Figure 1.Workload by Unit and Call Type for the Hour between 10 a.m.and 11 a.m.on 12-
Sep-2009
mEMS nFlreOther Real Fir
50
45 43
41 41
40 40
3
35 5
30
25 23
20
1!; 13 12 14
10 8
4
0 --------------
El E2 T2 E3 T3 E4 T4 E5 E6 E7 T7 E9 E10 Ell E12 E13 E14
Observations:
4 Engine companies E3, El I and E12 were busy more than 40 minutes during
this hour.
0 Truck T3 was busy more than 40 minutes during this hour.
0 Eleven units were busy lbss than 20 minutes.Two units responded to no calls.
EXHIBIT
A
1CMA Center for Public Safety Management- Round Rock, Texas Page 12 of 25
1
i
Organization
For this project, the ICMA has assembled a premier team of experts from a variety of
disciplines and from across the United States.The goal is to develop recommendations
for City of Round Rock that will enable it to produce the outcomes necessary to provide
critical emergency services.The team will consist of a program director,senior operations
manager,and several senior public safety consultants selected from our team
specifically to meet the needs of the City of Round Rock.
The management organizational chart for the project includes the following
Key Team Members:
Leader: Ilk
LLeonard
ofarese,MPA
Data Analysis Fire Operations
Team -! ! Team Lead
Josenh
EXHIBIT
3 of 25
ICMA Center for Public Safety Management-Round Rack, Texas Page 13 of25
Protect Manager
Director of Research and Project Development, ICMA Center for Public
Safety,
Leonard Matarese,MPA, ICMA-CM,IPMA-CP
• Background
Mr.Matarese is a specialist in public sector administration with
particular expertise in public safety issues.He has 43 years experience
as a law enforcement officer,police chief,public safety director,city
manager and major city Human Resources Commissioner,He was one
of the original advisory board members and trainer for the first
NIJ/ICMA Community Oriented Policing Project which has
subsequently trained thousands of municipal practitioners on the
techniques of the community policing philosophy over the past 18
years.He has conducted numerous studies of emergency services
agencies with particular attention to matching staffing issues with calls
for service workload.As a public safety director he has managed fire
departments with ALS transport capabilities.He was an early national
leader in the public access AED movement.
Recognized as an innovator by his law enforcement colleagues he
served as the Chairman of the SE Quadrant,Florida, Blue Lighting
Strike Force,a 71-agency, U.S.Customs Service anti-terrorist and
narcotics task force and also as president of the Miami-Dade County
Police Chief's Association-one of America's largest regional police
associations.He represents ICMA on national projects involving the
United States Department of Homeland Security,The Department of
Justice,Office of Community Policing and the Department of Justice,
Office Bureau of Justice Assistance.He has also served as a project
reviewer for National Institute of Justice.He is the subject matter
expert on several ICMA/USAID police projects in Central America.
He has a Master's degree in Public Administration and a Bachelor's
degree in Political Science.He is a member of two national honor
societies and has served as an adjunct faculty member for several
universities.He holds the ICMA Credentialed Manager designation,as
well as Certified Professional designation from the International Public
Management Association-Human Resources and has held the Senior
Professional in Human Resources from the Society for Human
Resources Management.He also has extensive experience in labor
management Issues,particularly in police and fire departments and is
currently editing an ICMA book on the selection of police and fire
chiefs.
Data Assessment Team
ICMA Center for Public Safety Management Team Member
Dov Chelst, Ph.D., Director of Quantitative Analysts
• Background
Dr.Chelst is an expert in the use of operations research techniques to
analysis public safety agencies. He manages the analysis of public
EEX,IHIBITsafety data for the Center.He specializes in data and statistical
analysis.He has taught the subject matter for nearly 10 years at the
university level and has a Ph.D.in Mathematics from Rutgers Universityand a B.A.Summa Cum Laude in Mathematics and Physics from
Yeshiva University.Dr.Chelst has managed the data collection and
analysis of over 90 city and county public safety agencies within the
ICMA Center for Pubfic Safety Management-- Round Rock, Texas Page 14 of 25
i
past four years.He Is an expert in extracting CAD data and
developing useful statistics from that information.
Senior Public Safety Consultant
Kenneth R.Chelst, Ph.D., Professor of Industrial and Manufacturing Engineering
at Wayne State University
• Background
Dr.Chelst is an expert in the application of advanced mathematical
models for all emergency Yesources planning. He lead a
demonstration project for the City of Detroit Police Department which
cut response times by 40%using continuous improvement and data
driven decision making.Over the past two decades he has studied f
many dozens emergency services operations using data driven
techniques to determine the most efficient organizational structures to
provide public safety services.He holds a Ph.D,degree in operations
research from M.I.T.where his dissertation topic was Mathematical
Models of Police Patrol Deployment. His research interests include
operations research models applied to emergency services and
structured decision making.
Senior Public Safety Consultant
David Martin,Ph.D., Senior Researcher in the Center for Urban Studies, Wayne
State University
• Background
Dr.Martin specializes in public policy analysis and program evaluation.
He has worked with several police departments to develop crime
mapping and statistical analysis tools.In these projects he has
developed automated crime analysis tools and real-time,dashboard-
style performance indicator systems for police executive and
command staff. Dr.Martin teaches statistics at Wayne State University.
He is also the program evaluator for four Department of Justice Weed
and Seed sites.He is an expert in the use of mapping technology to
analyze calls for service workload and deployments.
Senior Quantitative Analysis Expert
Gang Wang, Ph.D., Fire& EMS Services Data Analyst
• Background
Gang Wang received the dual bachelor degrees in industrial design
and management science, and the M.S.in information system from
Chongqing University in China and the Ph.D.degree in industrial
engineering from Wayne State University.He has three years
experience in enterprise information system and six years experience
in data analysis and applied mathematical modeling.He has rich
experience in areas of automotive,travel and public safety with
particular emphasis In fire 1 EMS analysis. He has published a book
chapter and several journal articles.
EXHIBIT
5 of 25
ICMA Center for Public Safety Management-- Round Rock, Texas Page 15 of25
i
Operations Assessment Team—Fire Unit
Director, ICMA Center for Pubilc Safety Management
Thomas Wieczorek, Refired City Manager Ionia,MI;former Executive
Director Center for Public Safety Excellence(Formerly Commission on Fire
Accreditation)
• Background
Thomas Wieczorek is an expert in fire and emergency medical services
operations.He has served as a police officer,fire chief, director of
public safety and city manager and is former Executive Director of the I'
Center for Public Safety Excellence, Inc. (formerly the Commission on
Fire Accreditation International,Inc.).He has taught a number of
programs at Grand Valley State University,the National Highway
Traffic Safety Administration (NHTSA),and Grand Rapids Junior
College.He has testified frequently for the Michigan Municipal League
before the legislature and In several courts as an expert in the field of
accident reconstruction and fire department management. He is the
past-president of the Michigan Local Government Manager's
Association;served as the vice-chairperson of the Commission on Fire
Officer Designation;and serves as a representative of ICMA on the
NFPA 1710 and 1738 career committee.He is a board member on the
International Accreditation Service,a subsidiary of the International
Code Council as well as sitting on a commission that will accredit
sprinkler installers through the Center for Public Safety Excellence, Inc.
He most recently worked with the National League of Cities and.the
Department of Homeland Security to create and deliver a program
on emergency management for local officials titled,"Crisis Leadership
for Local Government Officials."It has been presented in 46 states and
has been assigned a course number by the DHS.
He received the Mark E. Keane "Award for Excellence"in 2000 from
the ICMA,the Association's highest award and was honored as City
Manager of the Year(1999) and Person of the Year(2003) by the Rural
Water Association of Michigan,and distinguished service by the
Michigan Municipal League in 2005.
Senior Manager
Chief Joseph Pozzo(Ret.),MPA,Assistant Director, Volusla County
Department of Public Protection,former Director and Fire Chief of the
Volusla County, Florida, Fire Services Department, Retired Chief, Loudon
County, Virginia, Department'of Fire and Rescue
Background
Chief Pozzo is the assistant director of the Department of Public
Protection which includes fire,EMS, Emergency Management,Medical
Examiner and other agencies.He was formerly chief of the Volusla
County fire services department.The agency is a combination
department providing fire suppression and EMS services with career
firefighters and volunteer members.The agency operates out of 23
stations.Prior to Chief Pozzo's appointment in 2010 he served as the
Chief of the Loudoun County Department of Fire and Rescue.That
agency is a combination fire and rescue system providing fire,rescue,
and emergency management services to one of the fastest growing
counties in the nation. Th6 fire and rescue system provides these
services to over 275,000 permanent residents living in 520 square miles
of diverse suburban and rural area located within the National Capital
Region. Fire, Rescue and Emergency Management services are
ICMA Center for Public Safety Management EXHIBIT Page 16 of 25
A
Ito off' 25
I
executed through 437 career staff and over 1300 volunteer members
operating out of nineteen stations. Prior to his appointment with
Loudoun County, Chief Pozzo retired from the City of Virginia Beach, i
Va.Fire Department as a Battalion Chief.
He holds a Master of Public Administration from Troy University where
he graduated with honors,B.A., Public Administration from Saint Leo
University and several associates degrees including an AAS in Fire
Science and Protective Services. He holds the Chief Fire Officer
Designation, Center for Public Safety Excellence,and is Commission
on Professional Credentialing Adjunct Instructor for Virginia
Department of Fire Programs
Senior Manager
Chief Donald James,MPA, (Ret) Assistant Chief,Miami-Dade Fire Rescue
• Background
During a career spanning 30 years, Donald C.James retired in 2005 as
an Assistant Fire Chief with the Miami Dade Fire Rescue Department.In
that capacity he assumed oversight of various functional areas to
include Fire Prevention, Facilities Management and Construction,
Communications,Emergency Medical Services and Training Divisions,
As a Division Director,he was responsible for multimillion dollar budgets
for Community Relations, Emergency Medical Services,
Communications and Fire Prevention.
In 1996 he was honored by the National Fire Protection Association as
the "Learn Not To Burn Champion"with a Safe Cities Award Grant.
Working in conjunction with Miami Dade Public Schools,the grant
provides for the teaching of a fire safety curriculum at the elementary
grade levels.Among other accomplishments,he was also instrumental
in the development of the department's Infectious Disease Control
Policy and Procedure-one of the first of its kind in the fire service
nationwide.
Mr.James received his Associates degree in Fire Science Technology
from Miami Dade College.He holds a Bachelor's degree in Public }
Administration from Barry University in Miami Shores,and Master's d
degree in Public Administration from Florida International University,
Miami.
Senior Manager
Chief Dan Kleman,MGA,(Ret.) City of Jacksonville Fire& Rescue
Department, Former City Manager of Tallahassee, County Manager of
Hillsbourgh County,CAO of Jacksonville Florida
• Background
Dan Kleman retired as the Director and Fire Chief of the Jacksonville
Fire and Rescue Department and is responsible for 1,300 employees.
Since arriving at JFRD in 2006, Chief Kiernan,working with his
management team,he expanded management training and
professional development for JFRD's officers,opened a new fire station
and three replacement stations,identified more than$1 million in
overtime cost savings and enhanced JFRD's recruitment program.
Kleman recently developed a 10-year plan,unanimously adopted by
City Council,which charts the department's expansion so it can
continue to meet Jacksonville's rapidly growing demand for fire and
emergency medical services.
EXHIBIT
ICMA Center for Public Safety Management Page 17 of25
A
4 25
Mr. Kleman came'to Jacksonville in 2004 to serve as Chief
Administrative Officer.In October 2006,he moved from City Hall to
JFRD to lead the department.He was appointed City Manager in
Tallahassee 1974.After 20-plus years as City Manager, Kleman headed
to Tampa where he served as County Manager of Hillsborough
County for nearly a decade.
Mr. Kleman has been named Outstanding Public Administrator of the
Year by both the Tallahassee and Tampa Bay chapters of the
American Society of Public Administration.He is Past President of the
9,000-member International City-County Management Association
and the Florida City and County Managers Association.He also was
an adjunct professor in Florida State University's Masters of Public
Administration program. He holds a bachelor's degree in political
science from Bowling Green State University in Ohio and his master's
degree in governmental administration from the Wharton Graduate
School at the University of Pennsylvania.He is also a graduate of the
senior executive program at the John F.Kennedy School of
Government at Harvard University.
Senior Manager
Gerard J. Hoetmer, MPA, retired Executive Director of Public Entity Risk
Institute, Fairfax, Virginia
• Background
Gerry Hoetmer is an expert in fire services,emergency management,
and risk management.He served as the founding executive director
of the Public Entity Risk Institute,a nonprofit organization that provided
training,technical assistance,and research on risk management
issues for local government and other public and quasi-public
organizations.During his tenure as executive director he was a
member of the National Academy of Sciences Disaster Roundtable.
Prior to his position as executive director at PERI,Mr.Hoetmer worked
at ICMA for 19 years,most recently as the director of research and
development.He has written extensively on local government
emergency management,the fire service, code enforcement, and
risk management issues.
Seminal works include the first report to Congress on fire master
planning and the first edition of Emergency Management:Principles
and Practices for Local Government.in addition to providing expert
testimony before Congress and local arbitration.boards on fire staffing
and scheduling Issues,Mr.Hoetmer represented ICMA on the NFPA
1500 Standard on Occupational Safety and Health; NFPA 1201,the
Standard for Providing Emergency services to the Public;and the
NFPA 1710,Standard for the Organization and Deployment of Fire
Suppression Operations, Emergency Medical Operations,and Special
Operations to the Public by Career Fire Departments.Mr.Hoetmer has
developed and conducted training programs and seminars at FEMA's
Emergency Management Institute and the National Fire Academy in
Emmitsburg,Maryland.
He holds a Bachelors from the State University of New York,New Paltz
and the Master of Public Administration degree from the University of
Colorado at Denver
EXHIBIT
(>r o-` ZS
ICMA Center for Public Safety Management oun Page 18 oj25
i
Project
We understand that the focus of this study it to determine the effectiveness and
efficiency of the City of Round Rock Fire Department.Specifically the City is interested in
recommendations of appropriate staffing levels,Including the use of non-traditional
staffing models,such as dynamic staffing.Additionally the City seeks a review of
potential fees for service. Further we will evaluate the current medical first responder
system and make recommendations based upon the latest research in this area of pre-
hospital care.
This review will consider all aspects of the department including operational and support
functions.We will evaluate the department's performance compared to nationally
accepted standards. In addition to reviewing operational activities we will analyze the
internal functions of the agencies.This will include review of internal documents such as
policies and procedures,internal affairs issues, training,discipline,community relations,
etc.
ICMA believes that the most effective way to manage operations,including public
safety,is to make managementdecisions based upon the interpretation and analysis of
data and information. in order to accurately project future workload,staffing and levels
of service,establishment of baseline data in these categories is imperative.ICMA and
the International Association of Fire Chiefs worked to create the Commission on Fire
Accreditation International, Inc.in 1985 and it recently marked 15 years of accrediting
fire departments throughout the world.CFAI would be spun off from ICMA and IAFC and
form its own 501 (c)(3) corporation,changing the name for the umbrella corporation to
"Center for Public Safety Excellence, Inc." (CPSE)in 2007. ICMA has recommended
members for the Commission on Accreditation of Law Enforcement Agencies (CALEA)
and has worked with that organization for decades.
3'
The principles of accreditation centered on agencies meeting core competencies and
evaluating baseline performance against established benchmarks.Areas that agencies fi
were found to be deficient would have corrected plans so that the process would focus
upon continuous improvement of police,fire,and EMS departments.
To determine the baseline performance of the Round Rock Fire Department,a data
analysis of the department workload,staffing and deployment will be conducted.By
objectively looking at the availability of deployed hours and comparing those to the
hours necessary to conduct operations,staffing expansion and/or reductions can be
determined.The time necessary to conduct proactive fire activities (such as code
enforcement,property inspections,and company-level prevention efforts)will be
reviewed to provide the City of Round Rock with a meaningful methodology to
determine appropriate staffing levels.This data analysis forms the basis for establishing
the baseline performance of the department.We will then review that baseline
performance capability again the actual performance of the department.
Further,we will review existing deployment,to determine appropriate staffing levels
throughout the day.Alternatives will be discussed and presented for deploying staff to
minimize response times, particularly for EMS. We will assist the department for
developing a community-inclusive strategic plan that addresses the mission,vision,and
future plans of the department.
To accomplish this analysis:
• We will utilize mapping technologies which will allow us to present
graphics showing the locations and time of various types of calls for
service.We will use these computer generated maps to help determine
the appropriate configuration of response districts,which may be altered
and reconfigured as workload chap es.
ICMA Center for Public Safety Managemen EXHIBIT 25
Page 19 0
9 l
A
aF 25
• We will review the department's use of data analysis to address
assignments and deployment to make full use of existing resources within
the agency.
• We will review all phases of the department's operations to determine
opportunities for cost savings/avoidance.
• We will review all departmental operating policies and procedures
including training records,internal investigations,public relations activities,
disciplinary actions,etc.
i
We believe we are best qualified to perform this study because ICMA delivers a report
from the management perspective.Too often studies are performed by groups with an
interest in police,fire, EMS,or emergency management which can often avoid the
critical decisions necessary to provide the most efficient, effective and safe delivery of
services within budget.ICMA can draw upon best practices not Just domestically,but
from throughout the world because of its membership base.ICMA recently assisted in the
development of several programs at the International Association of Fire Chiefs' Fire-
Rescue International Conference held in Atlanta which featured best practices
developed in the United Kingdom.
Upon the conclusion of the analysis we will be prepared to report clearly the
performance of the department,what recommended changes should occur.
i
5
4:
f
EXHIBIT
Za of 25
ICMA Center for Pubflc Safety Management-Round Rock, Texas Page 20 of 25
Project Schedule
PHASE 1-Document/Data Request 10 Days
Within 10 days of contract execution by both parties the police and fire operations leads
will deliver a document request for both departments.This is an extensive request which
will provide us with a detailed understanding of each department's operations.Our
experience is that it typically takes an agency up to two weeks to accumulate the
Information and digitize.We will provide Instructions on how to upload the materials to
one of our websites.if necessary the leads will hold telephone conferences to clarify the
request.The team leads will review this material prior to an on-site visit.
Within 10 days of contract execution by both parties the Data Lead will submit a sample
data request which will be a sample of CAD calls for service information for both police
and fire.The data team will review this information prior to an on-site visit.
Elapsed time to end of Phase 1: 10 days
PHASE 2-Data/Operations Team On-Site Visit-30-45 Days
Within 30-45 days of receipt of these materials the data team and both operations teams
will conduct an on-site visit lasting typically 2 days.The data team may be one or two
Investigators while the operations teams will be two investigators for each department.
We will schedule this visit as soon as possible,consistent with availability of both the iCMA
team members as well as the critical players from the departments.
Elapsed time to end of Phase 2:40 -55 days -
PHASE 3-Data Analysis 30-60 days
After the on-site visitby the Data Team we will extract a one year's worth of CFS
information from the CAD system.Immediately upon receipt the data team will begin
analysis.However,it Is impossible to know if the data dump provides all the necessary
Information until the analysis process is well underway.This is determined by the quality of
the data collected by the agencies.Once the Data Team is confident that the dump
provides accurate,necessary information they will certify that they have all the data
necessary to complete the analysis.The analysis will be completed and a draft data
report will be delivered to each of the departments for their review and comment. It is
Impossible to know how long this will take given the reality that each department's data
quality varies considerably.For our purposes we will assume 30 to 60 days for this stage.
Elapsed time to end of Phase 3: 70- 115 days
PHASE 4A-Departmental Review of Draft Data Report-10 days
Each department will have 10 days to review and comment on the draft data analysis.
During this time our Data team will be available to discuss the draft report.The
Departments must specify all requested modifications at one time and agree to abide
by the final result,provided that we were not in error.Alternatively, the city can need to
agree that this phase might take more than 10 days to complete
Elapsed time to end of Phase 4A:80- 125 days
PHASE 411-Final Data Report-10 days
After receipt of the department's comments the data report will be finalized within 10
days.
Elapsed time to end of Phase 4B: 90- 135 days
PHASE 5-Draft Operations Report-10 days
Once the final data report is completed the operations team will provide a draft
operations report to each department.Again the departments will have 10 days to
review and comment.
Elapsed time to end of Phase 5: 100- 145 days
PHASE 6-Final Report 15 days
Once the Department's review Is receive by ICMA the combined final report will be
delivered to the city within 15 days.
TOTAL ELAPSED TIME: 115 - 160 days JEEXHIIBITICMA Center for Public Safety ManagementPage2l of 25
f 75
Partial List -
Past
• • Assignments
allt
•
aiity Contact Person Phone Email
&
Emulation
City of Novi,MI Clay Pearson (248)347- cpearson@city n vi ora
Pop.54,100 Cit Mana er 0450
City of Annapolis,MD Robert Agee; (443)306- Robertagee@comcast.net
Pop.36,525, (State former City Adm. 1036
Ca ltol
Village of Glenview, IL Christopher Clark (847) 904- cc lark@qlenview.il.us
Pop,46,100 Deputy City Mgr. 4375
City of Wauwatosa,WI James Archambo, -(414) 479- jar chambo@wouwatosa net
Pop.45,000 City Administrator 8915
City of Alameda,CA Ann Marie Gallant (510) 747- amgallant@ci alamedo.ca us
Pop.72,$00 CM 4881
City of Huron, OH Andy White, (419) 433- awhite@city6fhuron org
Pop. 8,000 City Manager 5000
Wyoming,MI Curtis Holt (616) 530- holtc@ci.wyomin mi us
Pop.70,122 City Manager 7265
Belton,TX Sam Listi -(254) 933- slisti@ci.belton.tx.us
Pop. 17,000 City Manager 5819
Indianapolis,IN Frank Straub (317)-327- fstraub@indy.aov
Pop.800,000 Public Safety Dir. 5090
Palo Alto,CA Pam lentil (659)-329- Pamela.Antil CityofPaloAlto ora I
Pop.64,400 A'sst City Mgr. 2692
Delray Beach, FL David Harden (561) 733- harden@mvdelraybeach.com
Pop.60,200 City Manager 6013
Santa Ana, CA Paul Wafters (714) 647- PWalters@santa-ana ora
Pop.350,000 Police Chief 5200
Troy,MI John Szeriag (248) J.Szerlaa@trovmi aov
Pop.80,980 City Manager 524.3330
Stockton,CA Laurie Montes (209)937- Lourie.Montes@ci stockton ca us
Pop.291,707 Deputy City Mgr. 8843
Petoskey,MI Dan Ralley (231) 347- dralley@ci getoskey mi us
Pop.6,080 City Manager 2500
Santa Monica,CA Rod Gould (310) 458- Rod.Gould@SMGOV NET
Pop.80,000 City Manager 8301
EXHIBIT
A
ICMA Center for Public Safety Management-Round Rock, Texas Page 22 oj25
Proposed F
• t . .
LJ
The quotation of fees and compensation shall remain firm for period of 90 days from
this proposal submission.
ICMA agrees to conduct the project for the sum of$66,000,exclusive of travel. The
project would be billed in three installments:the first within 14 days of the start of the
project for$25,000;the second billed at the time of the draft data analysis report for
$25,000 and the third at presentation of the final report for$16,000.Payments would be
made out to the International City/County Management Association upon invoicing as }
according to the aforementioned payment schedule.If some other arrangement is
deemed more appropriate by the City-of Round Rock,ICMA will work cooperatively for
an agreement on the payment terms.
A travel budget of$9,000 is proposed.All travel costs will be billed separately on an
occurrence bases, or upon final project completion.ICMA agrees to work cooperatively r
with the client in order to reduce such costs to the greatest extent possible while still
meeting the expectations of the City of Round Rock,
NOTE: In local governments where the chief administrator is a member of ICMA, a 10%
discount Is provided.Thus,the total cost for this project would be reduced to
$59,400 and the payment schedule adjusted accordingly.
Deliverables
Draft reports for fire/EMS will be provided for department review in electronic format.
In order to be ecologically friendly, ICMA will deliver the final report in computer
readable material either by email or CD.The final reports will incorporate the operational
as well as data analysis and strategic plan.Should the City of Round Rock desire
additional copies of the report,ICMA will produce and deliver whatever number of
copies the client requests and will invoice the client at cost.
ICMA staff members will be available to make a formal presentation of the report in
person should the client so desire.ICMA will bill$1,000 per person per presentation plus
travel expenses.
EXHIBIT
1Q'c
2-3
bF
ICMA Center for Public Safety Management- Round Rock, Texas Page 23 of25
i
i
Reporting
The Program Manager or specific area team leads will report project status to the
identified City of Round Rock contacts at identified intervals using an acceptable and
agreed upon reporting template.Beyond this however,communication will be
maintained and coordinated through the Team Leader with these contacts and other
Identified relevant personnel on a regular basis.
Contact Info
Principal-In-Charge-Thomas J.Wieczorek
twieczorek@icma ora
202-962-3607
Project Manager-Leonard Matarese
lmatorese@Icma ora
716-969-1360
Fire Operations Team Lead-Joseph Pozzo
jpozzoGicma ora
571-309-8196
Data Analysis Team Lead-Dr.Dov Chelst
dchelst@Icma org
202-309-8281
EXHIBIT
A
214 2
ICMA Center for Public Safety Management- Round Rock, Texas Page 24 of 25
i
Conclusion
Part of ICMA's mission Is to assist local governments in achieving excellence through
information and assistance.Following this mission, ICMA Center for Public Safety
Management acts as a trusted advisor,assisting local governments in an objective
manner.In particular, ICMA's experience in dealing with public safety issues combined
with its background in performance measurement,achievement of efficiencies,and
genuine community engagement,makes ICMA a unique and beneficial partner in
dealing with issues such as those being presented in this proposal.We look forward to i
working with you further.
F
c
I 6
I.
i
I
i
1
i
i
EXHIBIT
� I
ICMA Center for Public Safety Management- Round Rock, Texas Page 25 of 25
i
E
ROUND ROCK,TEXAS Citv Council A enda Summary Sheet
PURPOSE PASSION.PROSPERITY:
Agenda Item No. G4.
Consider a resolution authorizing the Mayor to execute an Agreement for Consulting
Services for Comprehensive Analysis of Fire Services with the International City/County
Agenda Caption: Management Association (ICMA).
Meeting Date: June 28, 2012
Department: Fire Department
Staff Person making presentation: David Coatney
Fire Chief
Item Summary:
This agreement is designed to provide the City of Round Rock a thorough and unbiased understanding of the
performance of the Fire Department.
f
Cost: $68,400.00
i
Source of Funds: General Fund
Date of Public Hearing(if required): N/A
Recommended Action: Approval
r
t
S
4
[E
5
ygg4y
t
}
4.
d
f
i
CITY OF ROUND ROCK
AGREEMENT FOR CONSULTING SERVICES
FOR COMPREHENSIVE ANALYSIS OF FIRE SERVICES r
THIS AGREEMENT is made and entered into on this the,day of
n
2012, by and between the City of Round Rock, a Texas home-rule municipal corporation,whose
offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (hereinafter referred
to as the "City"), and the International City/County Management Association, whose offices are
located at 777 North Capitol Street NE, Suite 500, Washington, DC 20002 (hereinafter referred
to as the"Consultant").
RECITALS:
F
WHEREAS, City desires to contract for Consultant's services generally described as z
preparation of a comprehensive analysis of the City of Round Rock Fire Department and the
development of recommendations of appropriate staffing levels, review of potential fees for
service, and evaluation of the current medical first responder system with recommendations; and
WHEREAS,City has determined that there is a need for the delineated services; and ;
WHEREAS,City desires to contract for such services; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights,duties and obligations hereunder;
NOW,THEREFORE,WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and '
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.01 EFFECTIVE DATE,DURATION,AND TERM
This Agreement shall be effective on the date it has been signed by every party hereto,
and shall remain in full force and effect unless and until it expires by operation of the term
indicated herein,or is terminated or extended as provided herein. i
The initial term of this Agreement shall be until full and satisfactory completion of the
work specified herein is achieved, but in no event later than twelve (12) months from effective
date hereof. Renewal, at City's sole and unfettered election, is not prohibited.
City reserves the right to review this Agreement at any time, and may elect to terminate
this Agreement with or without cause or may elect to continue.
r'
00250104.doc/jmr
-C4
2.01 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant a total amount of Sixty-eight Thousand Four Hundred and
No/100 Dollars ($68,400.00), in payment for services and the Scope of Services deliverables as
delineated herein and in attached exhibits. No reimbursable expenses are authorized in this
Agreement.
3.01 PROPOSAL FOR SERVICES
For purposes of this Agreement, Consultant has issued its Proposal for Comprehensive
Analysis of fire Services (the "Proposal") for services for the tasks delineated therein. The
Proposal is appended to this Agreement as Exhibit "A," and is incorporated herein by reference
for all purposes.
4.01 SCOPE OF SERVICES
Consultant shall satisfactorily provide all services described under this "Scope of s'
Services" category and Exhibit "A." Consultant's undertakings shall be limited to performing
services for City and/or advising City concerning those matters on which Consultant has been
specifically engaged. Consultant shall perform services in accordance with this Agreement, in
accordance with the appended Project Schedule for services, and in accordance with due care
and prevailing consulting industry standards for comparable services.
5.01 LIMITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be performed is enumerated in
Exhibit "A" and herein, and may not be changed without the express written agreement of the
parties. Notwithstanding anything herein to the contrary, the parties agree that City retains
absolute discretion and authority for all funding decisions, such to be based solely on criteria
accepted by City which may be influenced by but not be dependent on Consultant's work.
6.01 REQUIRED DRAFT REPORTS AND FINAL REPORT
Consultant agrees to provide City with draft reports and a detailed final written report,
together with all information gathered and materials developed during the course of the project.
At a minimum, Consultant shall provide ten (10) electronic copies of the final report on CD in
PDF format.
Consultant agrees to provide City with additional bound copies of the final written report,
if and as requested, with the right to make additional copies being at the sole election of City.
All copies of the written final report will be to specifications as delineated by City.
2
7.01 PAYMENT FOR SERVICES
Payment for Services: In consideration for the consulting services to be performed by
Consultant, City agrees to pay Consultant the contract amount as stated in Section 2.01.
f
Deductions. No deductions shall be made from Consultant's compensation on account
of penalty, liquidated damages or other sums withheld from payments to Consultant.
Additions. No additions shall be made to Consultant's compensation based upon Project
claims, whether paid by City or denied.
8.01 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices. To receive payment for services, Consultant shall prepare and submit a series
of monthly invoices in a form acceptable to City. Each invoice for professional services shall
track the "Scope of Services" category herein, and shall state and detail the services performed,
along with documentation for each service performed. All payments to Consultant shall be made
on the basis of the invoices submitted by Consultant and approved by City. Such invoices shall
conform to the schedule of services and costs in connection therewith. Should additional backup
r_
material be requested by City, Consultant shall comply promptly with such request. In this
regard, should City determine it necessary, Consultant shall make all records and books relating
to this Agreement available to City for inspection and auditing purposes. a`
{
Payment of Invoices. City reserves the right to correct any error that may be discovered
in any invoice that may have been paid to Consultant and to adjust same to meet the
ff
requirements of this Agreement. Following approval of invoices, City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment r
Act described in Section 9.01 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and City or because of amounts which City has a right to withhold under this Agreement or state
law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the
services, but not for taxes based upon Consultant's net income.
Offsets. City may, at its option, offset any amounts due and payable under this
Agreement against any debt (including taxes) lawfully due to City from Consultant, regardless of
whether the amount due arises pursuant to the terms of this Agreement or otherwise and
regardless of whether or not the debt due to City has been reduced to judgment by a court.
9.01 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by City to Consultant will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
3
completed, or the date City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect"on September
1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
A. There is a bona fide dispute between City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
B. There is a bona fide dispute between Consultant and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the serviceperformed
that causes the payment to be late; or
C. The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
D. The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
10.01 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of City's current revenues only. It is understood and
agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year
if the governing body of City does not appropriate funds sufficient to purchase the services as
determined by City's budget for the fiscal year in question. City may effect such termination by
giving Contractor a written notice of termination at the end of its then-current fiscal year. }
11.01 TIMETABLES
Unless otherwise indicated to Consultant in writing by City, or unless Consultant is
unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control, {
Consultant shall perform all services in conformance with the Project Schedule contained in the
Proposal (the"Project Schedule").
12.01 SUPPLEMENTAL AGREEMENTS
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or City Manager action, if City determines that there has
been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement, that being
twelve (12) months from the effective date hereof. Consultant shall not perform any work or
incur any additional costs prior to the execution, by both parties, of such Supplemental
4
Agreement. Consultant shall make no claim for extra work done or materials furnished unless
and until there is full execution of any Supplemental Agreement, and City shall not be
responsible for actions by Consultant nor for any costs incurred by Consultant relating to
additional work not directly authorized by Supplemental Agreement.
13.01 TERMINATION; DEFAULT
Termination: It is agreed and understood by Consultant that City may terminate this
Agreement for the convenience of City, upon thirty (30) days' written notice to Consultant, with
the understanding that immediately upon receipt of said notice all work being performed under
this Agreement shall cease. Consultant shall invoice City for work satisfactorily completed and
shall be compensated in accordance with the terms hereof for work accomplished prior to the
receipt of said notice of termination. Consultant shall not be entitled to any lost or anticipated
profits for work terminated under this Agreement. Unless otherwise specified in this Agreement, f
all data, information, and work product related to this project shall become the property of City
upon termination of this Agreement, and shall be promptly delivered to City in a reasonably
organized form without restriction on future use, subject to the conditions set forth herein.
Should City subsequently contract with a new consultant for continuation of service on the
project, Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of City
and the terminated party to fulfill contractual obligations. Termination under this section shall
not relieve the terminated party of any obligations or liabilities which occurred prior to
termination.
Nothing contained in this section shall require City to pay for any work which it deems
unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the party provides the other party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the parties).
:
If default results in termination of this Agreement, then City shall give consideration to
the actual costs incurred by Consultant in performing the work to the date of default. The cost of
the work that is useable to City, the cost to City of employing another firm to complete the
useable work, and other factors will affect the value to City of the work performed at the time of
default. Neither party shall be entitled to any lost or anticipated profits for work terminated for
default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating party and the terminated party to fulfill contractual obligations.
Y,
Y
5
Termination under this section shall not relieve the terminated party of any obligations or
liabilities which occurred prior to termination.
Nothing contained in this section shall require City to pay for any work which it deems
unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
14.01 NON-SOLICITATION
Except as may be otherwise agreed in writing, during the term of this Agreement and for
twelve (12) months thereafter, neither City nor Consultant shall offer employment to or shall
employ any person employed then or within the preceding twelve (12) months by the other or
any affiliate of the other if such person was involved, directly or indirectly, in the performance of
this Agreement. This provision shall not prohibit the hiring of any person who was solicited
solely through a newspaper advertisement or other general solicitation.
15.01 CITY'S RESPONSIBILITIES
Full information: City shall provide full information regarding project requirements.
City shall have the responsibility of providing Consultant with such documentation and
information as is reasonably required to enable Consultant to provide the services called for.
City shall require its employees and any third parties who are otherwise assisting, advising or
representing City to cooperate on a timely basis with Consultant in the provision of its services.
Consultant may rely upon written information provided by City and its employees and agents as
accurate and complete. Consultant may rely upon any written directives provided by City or its
designated representative concerning provision of services as accurate and complete.
Required materials: Consultant's performance requires receipt of all requested
information reasonably necessary to provision of services. Consultant agrees, in a timely
manner,to provide City with a comprehensive and detailed information request list, if any.
t
16.01 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, not City's employee. Consultant's employees or
subcontractors are not City's employees. This Agreement does not create a partnership
relationship. Neither party has authority to enter into contracts as agent for the other party.
Consultant and City agree to the following rights consistent with an independent contractor
relationship:
A. Consultant has the right to perform services for others during the term of this
Agreement;
B. Consultant has the sole right to control and direct the means, manner and method
by which services required by this Agreement will be performed;
6
C. Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement;
D. Consultant or its employees or subcontractors shall perform the services required
hereunder. City shall not hire, supervise, or pay any assistants to help Consultant;
E. Neither Consultant nor its employees or subcontractors shall receive any training
from City in the skills necessary to perform the services required by this
Agreement;
F. City shall not require Consultant its employees or subcontractors to devote full
time to performing the services required by this Agreement; and
G. Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of City. r
17.01 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by City for use by Consultant in
connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that City is subject to the Texas Public Information f
Act and its duties run in accordance therewith.
All data relating specifically to City's business and any other information which "
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
Information." Each party shall use Confidential Information of the other party only in r
e
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent E'
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other party's Confidential Information and to advise their employees of the
confidential nature of the Confidential Information and of the prohibitions herein.
Notwithstanding anything to the contrary contained herein, neither party shall be
obligated to treat as confidential any information disclosed by the other party (the "Disclosing
7
Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing
Party; (2) is released by the Disclosing Party to any other person or entity (including
governmental agencies) without restriction; (3) is independently developed by the recipient
without any reliance on Confidential Information; or (4) is or later becomes publicly available
. without violation of this Agreement or may be lawfully obtained by a party from any non-party.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential
Information of the other to a third party as may be required by law, statute, rule or regulation,
including subpoena or other similar form of process, provided that (without breaching any legal
or regulatory requirement) the party to whom the request is made provides the other with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit Consultant from providing similar services for other clients.
Neither the City nor Consultant will be liable to the other for inadvertent or accidental
disclosure of Confidential Information if the disclosure occurs notwithstanding the party's
i
exercise of the same level of protection and care that such party customarily uses in safeguarding
its own proprietary and confidential information. s
Notwithstanding anything to the contrary in this Agreement, City will own as its sole
property all written materials created, developed, gathered, or originally prepared expressly for
City and delivered to City under the terms of this Agreement (the "Deliverables"); and
Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods,
techniques, processes, software, or other similar information which may have been discovered,
created, developed or derived by Consultant either prior to or as a result of its provision of
services under this Agreement (other than the Deliverables). Consultant's working papers and ='
Consultant's Confidential Information (as described herein) shall belong exclusively to s
Consultant. City shall have a non-exclusive, non-transferable license to use Consultant's
Confidential Information for City's own internal use and only for the purposes for which they are
delivered to the extent that they form part of the Deliverables.
18.01 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed in a
professional and workmanlike manner. Consultant shall re-perform any work not in compliance
with this representation.
fl
19.01 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of City or of this i
Agreement, then and in that event City shall give written notification to Consultant; thereafter,
(a) Consultant shall either promptly re-perform such services to City's satisfaction at no
f.
t
8
3
additional charge, or (b) if such deficient services cannot be cured within the cure period set
forth herein, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by City, its directors, employees or agents.
In no event shall Consultant be liable to City, by reason of any act or omission relating to
the services provided under this Agreement (including the negligence of Consultant), whether a
claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit, punitive,
special or similar damages relating to or arising from the services, or (b) in any event, in the
aggregate, for any amount in excess of the total professional fees paid by City to Consultant
under this Agreement, except to the extent determined to have resulted from Consultant's gross
negligence, willful misconduct or fraudulent acts relating to the service provided hereunder.
20.01 INSURANCE
Insurance. Consultant, at Consultant's sole cost, shall have and maintain during the term
of this Agreement professional liability insurance coverage in the minimum amount of One
Million Dollars from a company authorized to do insurance business in Texas and otherwise
acceptable to City.
Subconsultant Insurance. Without limiting any of the other obligations or liabilities of §_
Consultant, Consultant shall require each subconsultant performing work under this Agreement
to maintain during the term of the Agreement, at the subconsultant's own expense, the same
stipulated minimum insurance required in the immediately preceding paragraph, including the
required provisions and additional policy conditions as shown below.
Consultant shall obtain and monitor the certificates of insurance from each subconsultant
in order to assure compliance with the insurance requirements. Consultant must retain the
certificates of insurance for the duration of this Agreement, and shall have the responsibility of
enforcing these insurance requirements among its subconsultants. City shall be entitled, upon s
request and without expense, to receive copies of these certificates of insurance.
Insurance Policy Endorsements. Each insurance policy hereunder shall include the
following conditions by endorsement to the policy:
1. Each policy shall require that thirty(30)days prior to the expiration, cancellation,
on-renewal or any material change in coverage, a notice thereof shall be given to
City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
9
1
Consultant shall also notify City, within 24 hours of receipt, of any notices of
expiration, cancellation, non-renewal, or material change in coverage it receives
from its insurer.
2. Companies issuing the insurance policies shall have no recourse against City for
payment of any premiums or assessments for any deductibles which all are at the
sole responsibility and risk of Consultant.
3. Terms "City" or "City of Round Rock" shall include all authorities, boards,
commissions, departments, and officers of City and individual members,
employees and agents in their official capacities, or while acting on behalf of the
City of Round Rock.
4. The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any future coverage, or to City's Self-Insured
Retentions of whatever nature.
5. Consultant and City mutually waive subrogation rights each may have against the
other for loss or damage, to the extent same is covered by the proceeds of
insurance.
Cost of Insurance. The cost of all insurance required herein to be secured and
maintained by Consultant shall be borne solely by Consultant, with certificates of insurance
evidencing such minimum coverage in force to be filed with the City.
21.01 COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES
3
Compliance with Laws. Consultant, its consultants, agents, employees and
subcontractors shall use best efforts to comply with all applicable federal and state laws, the
Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules
and regulations promulgated by local, state and national boards, bureaus and agencies.
Consultant shall further obtain all permits and licenses required in the performance of the
services contracted for herein.
Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the
services performed hereunder. City is qualified for exemption pursuant to the provisions of =_
Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
22.01 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, in the purchase
or sale of any product, materials or equipment that will be recommended or required for the
construction of the Project.
i
10
i
y
f
i
}
23.01 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
24.01 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. City will not do the following:
I. Withhold FICA from Consultant's payments or make FICA payments on
Consultant's behalf, or
2. Make state and/or federal unemployment compensation contributions on
Consultant's behalf; or
3. Withhold state or federal income tax from Consultant's payments.
25.01 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows: when delivered personally to recipient's
address as stated in this Agreement; or three (3) days after being deposited in the United States
mail,with postage prepaid to the recipient's address as stated in this Agreement. r
Notice to Consultant:
777 North Capitol Street NE, Suite 500
Washington, DC 20002
Notice to City:
City Manager AND TO: City Attorney
221 East Main Street 309 East Main Street
Round Rock, TX 78664 Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and Consultant.
11
26.01 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas; if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue shall lie in Williamson County, Texas. This Agreement shall be governed by
and construed in accordance with the laws and court decisions of the State of Texas.
27.01 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Consultant and City. This Agreement may only be amended or supplemented by mutual
agreement of the parties hereto in writing.
28.01 DISPUTE RESOLUTION
City and Consultant hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
29.01 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any r
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement, through a process l
of mutual agreement and negotiation, to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision. The provisions of this
section shall not prevent this entire Agreement from being void should a provision which is of
the essence of this Agreement be determined void.
30.01 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
subconsultants, in a manner acceptable to City and according to generally accepted business
practices.
i
l'
12
is
31.01 GRATUITIES AND BRIBES
City may, by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if it is determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
32.01 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
33.01 MISCELLANEOUS PROVISIONS
Time of the Essence. Consultant agrees that time is of the essence and that any failure of
Consultant to complete the services for each phase of this Agreement within the agreed Project
Schedule may constitute a material breach of this Agreement. Consultant shall be fully
responsible for its delays or for failures to use reasonable efforts in accordance with the terms of
this Agreement. Where damage is caused to City due to Consultant's failure to perform in these
circumstances, City may withhold, to the extent of such damage, Consultant's payments
hereunder without waiver of any of City's additional legal rights or remedies. City shall render
decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly
progress of Consultant's work.
Force Majeure. Neither City nor Consultant shall be deemed in violation of this
Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible or circumstances beyond its control. However, notice of such
impediment or delay in performance must be timely given, and all reasonable efforts undertaken
to mitigate its effects.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
13
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together, shall constitute one and the same instrument. City agrees to provide Consultant with
one fully executed original.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
indicated.
CITY OF OUND ROCK,TEXAS
By:
Alan McGraw, Mayor
Date Signed:
FOR CITY,ATTEST:
By:
Sara L. White, City Clerk
FOR 4Stepha
ROVE4AS O FORM:
By: J
Sheets, City Attorney
INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION
Consultant
By:
Printed Name:
Title:
Date Signed:
14
Proposal for Comprehensive Analysis of Fire Services
Round Rock, Texas
s
4
4
C E N T E R F O R P U B L I C S A F E T Y M A N A G E M E N T
A,.
Y
Submitted by;
ICMA Center for Public Safety Management
International City/County Management Association
777 North Capitol street, NE - suite s00
Washington, DC 20002
202-962-3607
ICE M
Leaders at the Core of Better Communities EXHIBIT
A
d
1CMA
Leaders at the Care of Better Communities
April 19,2012
Mr,Steven Norwood
City Manager
City of Round Rock
221 E.Main St.
Round Rock,Texas
Dear Mr. Norwood:
The ICMA Center for Public Safety Management is pleased to submit this proposal for an analysis
of fire services for the City of Round Rock.
This proposal is specifically designed to provide the City of Round Rock with a thorough and
unbiased understanding of the performance of the department. Because this issue will have a
dramatic impact on the community and because the City of Round Rock must have complete
confidence In the outcome of our report,we have assembled what must be considered a
premier team of subject matter experts with nationally recognized expertise in a wide range of
public safety services.
Our project management staff has decades of experience supporting clients in the local
government,state and private sectors as well.Because of the expertise that each of these
persons bring,you can expect the highest quality solution.
As you know, ICMA has provided direct services to local governments nationwide for decades,
which have helped to improve the quality of life for millions of residents in the United States and
abroad.From an enterprise-wide perspective,we guarantee an honest-broker solution for
Locality's challenge. I,along with my colleagues at ICMA, greatly appreciate this opportunity
and would be pleased to address any comments you may have.You may contact me at
716.969.1360 or via email at imatarese@icma.org.
Y
4
Sincerely,
Leonard A.Matarese l
Director,Research and Project Development
ICMA Center for Public Safely Management
I,
EXHIBIT
ICMA Center for Public Safety Management- Round Rock, Texas Page 2 of 25
i
t
Overview
The International City/County Management Association (ICMA)is a 100 year old,non-profit
professional association of local government administrators and managers,with approximately
9,000 members located in 32 countries.
Since its inception in 1914,ICMA has been dedicated to assisting local governmentsin providing
services to its citizens in an efficient and effective manner.Our work spans all of the activities of
local government-parks,libraries,recreation, public works,economic development,code
enforcement, Brownfield's,public safety,etc
ICMA advances the knowledge of local government best practices across a wide range of
Platforms including publications,research,training, and technical assistance.Our work includes
both domestic and international activities in partnership with local,state and federal
governments as well as private foundations. For example,we are involved in a major library
research project funded by the Bill and Linda Gates Foundation and we are providing
community policing training in Panama working with the U.S.State Department.We have
personnel in Afghanistan assisting with building wastewater treatment plants and have teams in
Central America providing training In disaster relief working with SOUTHCOM.
The ICMA Center for Public Safety Management(ICMA/CPSM) is one of four Centers within the
US Programs of ICMA, rovidin
p g support to local governments in the areas of police,fire, EMS,
Emergency Management and Homeland Security.In addition to providing technical assistance
in these areas we also represent local governments at the federal level and are involved in
numerous projects with the Department of Justice and the Department of Homeland Security.
ICMA/CPSM is also involved in police and fire chief selection;assisting local governments in +
Identifying these critical managers through original research we have conducted identifying the
core competencies of police and fire managers and providing assessment center resources.
Our local government technical assistance includes workload and deployment analysis, using
Operations Research techniques and credentialed experts to identify workload and staffing
needs as well as best practices.We have conducted approximately 100 such studies in
communities ranging in size from 8,000 population Boone,IA to 800,000 population Indianapolis, E
IN.
Thomas Wieczorek is the Director of the Center for Public Safety Manager. Leonard Matarese
serves as the Director of Research &Program Development.
EXHIBIT
a L
ICMA Center for Public Safety Management- Round Rock, Texas Page 3 of 25
Overview
Among ICMA's many activities,it assists local governments through a variety of programs that
focus on specific local government concerns including police and fire. ICMA's focus is on the
management perspective in organizing and operating these areas.ICMA Center for Public
Safety Management acts as an objective and trusted broker tapping into the knowledge of the
association's membership base and combining expertise from other appropriate experts to offer
innovative ideas,lessons learned,and leading practices to communities.The program provides
practical advice and resources that local government managers and staff need to improve
services and service delivery in their communities.
We apply standard project management practices to each solution,ensuring that:
• All projects are completed within the contractual scope of work;
• Are completed on time,and within budget.
We rely on these principles to ensure that the final solution meets the client objectivesfor a
comprehensive and concise analysis of resource deployment.
Methodotoav
The ICMA team follows a standardized approach to conducting analyses of police,fire,and
EMS departments. We have developed this standardized approach by combining the
experience sets of dozens of subject matter experts in the areas of police,fire,homeland
security and EMS.Our collective team has more than a combined 100 years of conducting
studies for cities in the United States and internationally.
We begin projects by extracting calls for service and raw data from an agency's computer
aided dispatch system.The data are sorted and analyzed for comparison to nationally
developed performance Indicators.These performance indicators (response times,workload by
time,multiple unit dispatching,etc.)are valuable measures of agency performance.The
findings are shown in tabular as well as graphic form and follow a standard format for
presentation of the analyzed data.While the format will be similar from community to
community,the data reported are unique to the specific community.Due to the size and i
complexity of the documents,this allows for simple,clean reporting.The reports generated from }
analyzing the data serve as the basis for many accreditation fire or documents such as
"Standards of Response Coverage"and the on-site review.
f
ICMA will conduct an operational review alongside a data analysis using the performance
Indicators as the basis for the operational review. Prior to any on-site arrival of an ICMA team,
agencies are asked to compile a number of key operational documents (policies and
procedures,assets lists,etc.).Most on-site reviews consist of interviews with management and
supervisors as well as rank and file officers;attendance at roll calls;and ride-alongs with staff.We
review case files and observe dispatch operations to ensure compliance with the provided
written documentation.
As a result of any on-site visits and data assessments, our subject matter experts produce
observations and recommendations which highlight strengths,weaknesses,opportunities and
threats of the department.
We have found that this standardized approach insures that we measure and observe all of the r
critical components of agencies which establish the baseline performance levels.This
information can be used to benchmark against comparable cities.We're able to do this z
because we recognize that while agencies may vary in size and challenges,there are best
practices in use throughout the country.
ICMA Center for Pubilc Safety Management-Rou EXHIBIT age 4 of 25
k
25
We liken this standardized approach to the manner of an auditing process:
• ICMA asks questions and requests documentation upon project start up;
• We confirm accuracy of information received;
• We deploy operations teams on-site to research the uniqueness of each environment;
• We perform data modeling and share preliminary findings with each city; and
• We assess any inconsistencies reported by client cities and communicate our results In a
formal,written report.
f
t
t
S
k
EXHIBIT
A
ICMA Center for Public Safety Management- Round Rock, Texas Page 5 of 25
Approach:
Fire departments staff their stations and train their personnel to respond to a wide array of fire
and vehicular accident emergencies.EMS is likely a significant demand upon the City of Round
Rock Fire Department.in addition,many departments use the long intervals between calls for
service for a variety of prevention activities.Research In the United Kingdom as well as by FEMA
has shown that the most cost-effective approach to fire deployment is the elimination of calls. If
a call is received,eliminating hazards decreases the risk faced by first responders and may result
in a more positive outcome.These preventive strategies should include building code
enforcement and quality of life enforcement issues.The effort may also include fire extinguishers
and automatic sprinkler systems.All of these prevention and rapid response activities are laid
out below.
FIRE CHALLENGES
Fire Early Detection Early people Stop Fire
FrdVeritlonits R0orting Suppression Rescue Spread
e !
rojil
Code Smoke Fire Extinguisher Rapid Response Raptd Response i`
Enforcement Detector Automatic Rescue Squad Flre Engines
Fire Alarm Sprinklers t
i
A.
FIRE DEPARTMENT ACTIONS
t
The resulting data study will gather and analyze data on the number of personnel on duty,as
well as the efficiency and effectiveness of the current deployment on the fire runs.Resources
utilization will be quantified for concentration,location,and drawdown.
The study will also analyze fire call data to provide a comprehensive review of fire services
including a detailed analysis of workloads and response times.The analysis of the workloads
should begin with an in-depth study of the types of calls handled and their severity.The goal of
this data gathering would be to explicate the fundamental nature of the fire challenge faced
by the Fire Department.
The study will pay special attention to fires reported in residences or building andwill require the
use a number of measures of severity to categorize these reported building fires. Some
examples of questions to be answered as a part of the study Include: Did the fire spread beyond
ICMA Center for Public Safety Managemen EXHIBIT Page 6 of 25
local source? What was the extent of the damage? How long did the engine companies work
at the scene?
For each call type,we will determine the time spent on-scene and the manpower personnel
who worked the scene.This data will be aggregated to determine an overall average total time
spent on fire calls per 24-hour period and by shift for each engine company.It will document
any dramatic variations by time of day and day of week as well as seasonal variations.It will also
require the review the department's fire prevention activities that fire personnel carry out
between emergency calls.The study will also analyze data to determine the proportion of calls
and the associated workload that arise within the City of Round Rock's borders compared to
mutual aid calls.
Response time Is an important statistic In emergency service systems.We will determine:
0 Average response time
o Distribution of response times for different call categories
o Response time for the second arriving engine company,where possible
We will also Identify and review calls that experienced unusually long response times.
Operations Review
Using information analyzed by the data team,an operational assessment by ICMA will be
conducted to evaluate the deployment of emergency resources.
The ICMA team will evaluate equipment,maintenance,records,policies,procedures,and
stations to create recommendations for future service delivery.
The team may meet with elected and appointed officials as well as identified community
leaders to determine the outcome they are seeking from deployment of resources.
Observations and recommendations will be developed around ten key areas:
• Governance and Administration
• Assessment and Planning
• Goals and Objectives
• Financial Resources
• Programs (To include fire suppression,EMS,fire prevention,public education,fire
investigation,rescue, hazardous materials, homeland security,marine services,and
other programs)
• Physical resources
• Human Resources
• Training and Competency
• Essential Resources (Water,Communications, Administrative support)
• External System Relationships
Using GIS technology we will review the current locations of deployed equipment and stations
with-recommendations developed for the future. Key to making these determinations will be
response time for dispatched units.
The ICMA data team has created a methodology for determining resource utilization that
quantifies the maximum and minimum deployment of personnel and equipment. It is unlike any
other approach currently used by consultants and is indicative of the desire by ICMA to deliver
the right resources at the right time.
EXHIBIT
A�
4
ICMA Center for Public Safety Management--Round Rock, Texas Page 7 of 25
Y
is
Emergency Medical Services-
Fire departments often provide emergency medical services as first responders and may also
transport the patients to hospitals.One key variable is the level of training and equipment of the
EMS responders.In between calls they may be actively involved in public education programs.
Numerous studies have documented the Importance of widespread CPR training especially
when witnessing a sudden cardiac arrest.All of these prevention and rapid response activities
are laid out below.
EMS CHALLENGES
lytedt ti Early D tOrorcin on Early Action stabilize Transport
Pro tion Reporting
Medical Incident
Progression
Public Public and Public CPR ftapitl ALS ALS
Education Targeted Tralning Response Transport
Education
FEMS DEPARTMENT ACTIONS
Fire Departments provide emergency medical services in addition to fire suppression duties. In
this project we will analyze 2011 EMS call data to provide a comprehensive review of
emergency medical services including a detailed analysis of workloads and response times.The
analysis of the workloads will begin with an in-depth study of the types of calls handled and their
severity,The goal is to explicate the fundamental nature of the emergency medical challenge
faced by the community's fire Department.We will pay special attention to the most critical l:
emergencies such as heart attack and serious vehicular accidents.
For each call type,we will determine the time spent on-scene and the manpower personnel
who worked the scene.These data will be aggregated to determine an overall average total $'
time spent on fire calls per 24-hour period for each ambulance company.We will also
determine how much EMS calls contribute to the workload of fire engine companies since they
also respond to most calls.We will document any dramatic variations by time of day and day of
3;
week as well as seasonal variations.
Response time is an important statistic in emergency service systems.We will determine not only
average response time but also the distribution of response times for different call categories.
We will also identify and review calls that experienced unusually long response times.
ICMA Center for Public Safety Management- EXHIBIT Page 8 of 55
25
Analysis of the Busiest
Hours of
•
•
Fire departments often speak of the "worst case scenario"or"resource exhaustion"when
developing staffing and deployment pians.in reality,on agency can never staff for the worst
case scenario,because whatever situation can be envisioned,there can always be a more
serious event that can be planned.
What Is needed to make staffing and apparatus decisions is a clear understanding of what
levels of demand can reasonably be expected over specific periods of time in a specific
Jurisdiction.For example,what are the busiest calls for service times over a one year period and
what levels of staffing and apparatus were needed to handle this workload?
To answer this question requires a detailed analysis of calls for service,broken down minute by
minute,Identifying which units were busy and how many units remained available to respond to
a new call for service.More sophisticated analysis can take into consideration available mutual
aid resources.
There Is significant variability in the number of coils from hour to hour.One special concern
relates to the fire resources available for the highest workload hours.We tabulate the data for
each of 8760 hours in the year.We identify how often the fire department will respond to more
than a specified number of calls in an hour.In studying call totals,it is Important to remember `
that an EMS run typically lasts,on average,a different amount of time than a fire category call.
Example of"Busiest Hour Analysis"
What follows is an example of an ICMA study of a fire department with 17 units staffed all the `
time.For the vast majority of these high volume hours, the total workload of all units combined is
equivalent to 3 or fewer units busy the entire hour.For the ten highest volume hours,0.1%of the
hours,the total workload exceeded 3 hours.All of these high volume hours occurred between
10 a.m.and 9 p.m.
The hour with the most work was between 1000 and 1100 on September 12,2009.The 21 calls
Involved 34 runs.The combined workload was 417 minutes.This is equivalent to 7 firefighting units x
being busy the entire hour.However,in the City there are 17 units staffed all of the time.During 1'
the worst portion of the hour,there were always at least 5 units still available to respond
immediately. Only 5 of the 17 units were busy more than 30 minutes during this hour.
The hour with the most calls was between 1400 and 1500 on October 13,2009.The 23 calls i
Involved 28 runs.The combined workload was 379 minutes.This is equivalent to between 6 and 7
firefighting units being busy the entire hour.However,in the city there are 17 units staffed all of
the time.During the worst portion of the hour,there were always at least 7 units still available to
respond immediately.Oniv 3 of the 17 units were busy more than 30 minutes during this hour
s;
EXHIBIT
.Z
ICMA Center for Public Safety Management- Round Rock, Texas Page 9 of 25
Table 1. Frequency Distribution of the Number of Calls
Number of Calls in
an Hour Frequency
0-5 6397
6-10 2263
11-15 98
16 or more 2
Observations:
• A total of 6,397 hours (73%) in a year have received 0-5 calls.
• A total of 2,263 hours (25.8%) Ina year have received 6-10 calls.
• A total of 100 hours (1.2%) in a year have received 11 or more calls.
Table 2.Top Ten Hours with the Most Calls Received
HOURS Number Number of Total Busy
of Calls Runs Minutes
13-Oct-2009 1400 23 28 379
12-Sep-2009 1000 21 34 417
20-Jun-2009 2000 15 16 252
02-Feb-2009 1900 15 16 213
10-Jul-2009 1000 14 15 226
15-Feb-2009 1900 14 20 317
29-Jul-2009 1700 14 18 274 z
23-Feb-2009 1100 14 15 180
17-Mar-2009 1500 14 17 193
01-Mar-2009 1800 13 14 185
fl
EXHIBIT
ICMA Center for Public Safety Management- Round Rock, Texas Page 10 of 25
Table 3. beployed
Minutes by0off for the Hour between 10 a.m.mmd I Im.m'ou12'Sep-2009
Units
Unit El T2 T'3 E4 T4 E5 E6 E7 T7 E9 E10 Ell E13 Busy FRree
5-10 3 14
10-15 6 7 10
20-25
25-30 7 10
30-35 5 12
5 12
35-40
6 11
140-45
45-50 1.71 11 6
50-55 12 5
55-60 11 6
Note: The numbers in the cells are the busy minutes within f he 5 minute block- The cell values greater than 2.5 are coded as red.
° Between l0o.m.and llo'm'onSeptember l2\2OO9'the fire department responded fo2lcalls and dispatched 34units
fmthese calls.
° In the city there are 17 units sfaffed all of the time. During the worst portion of this hour,there were always at leastSunds
still available forespond immediately.Only 5of thel7units were busy more than 3Ominutes during this hour.
ICMA Center for Public Safety Management- Round Rock, Texas Page 11 of 25
Figure I.Workload by Unit and Call Type for the Hour between 10 a.m, and 11 a.m.on 12-
Sep-2009
NEMS nFlre0ther 011ealFh-el
50
45 43
40 40
3
35 5
30
23
25
20
15 13 12 14
10 8
5
00
0
El E2 T2 E3 T3 E4 T4 E5 E6 E7 T7 E9 E10 Ell E12 E13 E14
Observations:
0 Engine companies E3, EI I and E 12 were busy more than 40 minutes during
this hour.
a Truck T3 was busy more than 40 minutes during this hour.
* Eleven units were busy 16ss than 20 minutes.Two units responded to no calls.
EXHIBIT
Ak -
;�D2
1CMA Center for Public Safety Management- Round Rock, Texas Page 12 of 25
i
Organization
Chart Project
, • I I
•
For this project,the ICMA has assembled a premier team of experts from a variety of
disciplines and from across the United States.The goal is to develop recommendations
for City of Round Rock that will enable it to produce the outcomes necessary to provide
critical emergency services.The team will consist of a program director,senior operations
manager,and several senior public safety consultants selected from our team
specifically to meet the needs of the City of Round Rock.
The management organizational chart for the project includes the following
Key Team Members:
• . -
-.. -
JosephLeonard
Mot0rese,MPA
Data Analysis Fire Operations
Team Lead
Team
Lead
• •
s,
EXHIBIT
ICMA Center for Public Safety Management- Round Rock, Texas Page 13 of25
Protect Manager
Director of Research and Project Development, ICMA Center for Public
Safety,
Leonard Matarese,MPA, ICMA-CM,IPMA-CP
• Background
Mr.Matarese is a specialist in public sector administration with
particular expertise in public safety issues.He has 43 years experience
as a law enforcement officer,police chief,public safety director,city
manager and major city Human Resources Commissioner.He was one
of the original advisory board members and trainer for the first
NIJ/ICMA Community Oriented Policing Project which has
subsequently trained thousands of municipal practitioners on the
techniques of the community policing philosophy over the past 18
years.He has conducted numerous studies of emergency services
agencies with particular attention to matching staffing issues with calls
for service workload.As a public safety director he has managed fire
departments with ALS transport capabilities.He was an early national
leader in the public access AED movement.
Recognized as an innovator by his law enforcement colleagues he
served as the Chairman of the SE Quadrant,Florida, Blue Lighting
Strike Force,a 71-agency, U.S.Customs Service anti-terrorist and
narcotics task force and also as president of the Miami-Dade County
Police Chief's Association-one of America's largest regional police
associations.He represents ICMA on national projects involving the
United States Department of Homeland Security,The Department of
Justice,Office of Community Policing and the Department of Justice,
Office Bureau of Justice Assistance.He has also served as a project
reviewer for National Institute of Justice.He is the subject matter
expert on several ICMA/USAID police projects in Central America.
He has a Master's degree in Public Administration and a Bachelor's
degree in Political Science.He is a member of two national honor
societies and has served as an adjunct faculty member for several
universities.He holds the ICMA Credentialed Manager designation,as <
well as Certified Professional designation from the International Public
Management Association-Human Resources and has held the Senior ±'
Professional in Human Resources from the Society for Human
Resources Management.He also has extensive experience in labor
management issues,particularly in police and fire departments and is
currently editing an ICMA book on the selection of police and fire
chiefs.
Data Assessment Team
ICMA Center for Public Safety Management Team Member
Dov Chelst, Ph.D., Director of Quantitative Analysts
• Background
Dr.Chelst is an expert in the use of operations research techniques to
analysis public safety agencies.He manages the analysis of public
EXHIBIT safety data for the Center.He specializes in data and statistical
analysis.He has taught the subject matter for nearly 10 years at the
university level and has a Ph.D.In Mathematics from Rutgers University
and a B.A.Summa Cum Laude in Mathematics and Physics from
ly OfS Yeshiva University.Dr.Chelst has managed the data collection and
analysis of over 90 city and county public safety agencies within the
ICMA Center for Public Safety Management- Round Rock, Texas Page 14 of 2S
i
past four years.He is an expert in extracting CAD data and
developing useful statistics from that information.
Senior Public Safety Consultant
Kenneth R.Cheist, Ph.D., Professor of Industrial and Manufacturing Engineering
at Wayne State University
• Background
Dr.Chelst is an expert in the application of advanced mathematical
models for all emergency Iresources planning. He lead a
demonstration project for the City of Detroit Police Department which
cut response times by 40%using continuous improvement and data
driven decision making.Over the past two decades he has studied
many dozens emergency services operations using data driven
techniques to determine the most efficient organizational structures to
provide public safety services.He holds a Ph.D.degree in operations
research from M.I.T.where his dissertation topic was Mathematical
Models of Police Patrol Deployment. His research interests include
operations research models applied to emergency services and
structured decision making.
Senior Public Safety Consultant
David Martin, Ph.D., Senior Researcher in the Center for Urban Studies, Wayne
State University
• Background
Dr.Martin specializes in public policy analysis and program evaluation.
He has worked with several police departments to develop crime
mapping and statistical analysis toots.In these projects he has
developed automated crime analysis tools and real-time,dashboard-
style performance indicator systems for police executive and
command staff. Dr.Martin teaches statistics at Wayne State University.
He is also the program evaluator for four Department of Justice Weed
and Seed sites. He is an expert in the use of mapping technology to
analyze calls for service workload and deployments.
Senior Quantitative Analysis Expert
Gang Wang, Ph.D., Fire$ EMS Services Data Analyst
l
• Background �
Gang Wang received the dual bachelor degrees in industrial design
and management science, and the M.S.in information system from
Chongqing University in China and the Ph.D.degree in industrial
engineering from Wayne State University.He has three years
experience in enterprise information system and six years experience
in data analysis and applied mathematical modeling.He has rich
experience In areas of automotive,travel and public safety with
particular emphasis in fire/EMS analysis.He has published a book
chapter and several journal articles.
EXHIBIT
l�
S of ZS
ICMA Center for Public Safety Management Round Rock, Texas Page 15 of25
i
{i
1
Operations Assessment Team—Fire Unit
Director, ICMA Center for Public Safety Management
Thomas Wieczorek, Retired City Manager Ionia,MI;former Executive
Director Center for Public Safety Excellence(Formerly Commission on Fire i
Accreditation)
• Background
Thomas Wieczorek is an expert in fire and emergency medical services
operations.He has served as a police officer,fire chief, director of
public safety and city manager and is former Executive Director of the
Center for Public Safety Excellence, Inc. (formerly the Commission on
Fire Accreditation International,Inc.).He has taught a number of
programs at Grand Valley State University,the National Highway
Traffic Safety Administration (NHTSA),and Grand Rapids Junior
College.He has testified frequently for the Michigan Municipal League
before the legislature and in several courts as an expert in the field of
accident reconstruction and fire department management. He is the
past-president of the Michigan Local Government Manager's
Association;served as the vice-chairperson of the Commission on Fire
Officer Designation;and serves as a representative of ICMA on the
NFPA 1710 and 1738 career committee.He is a board member on the
International Accreditation Service,a subsidiary of the International
Code Council as well as sitting on a commission that will accredit
sprinkler installers through the Center for Public Safety Excellence, Inc.
He most recently worked with the National League of Cities and,the
Department of Homeland Security to create and deliver a program
on emergency management for local officials titled, "Crisis Leadership
for Local Government Officials." It has been presented in 46 states and
has been assigned a course number by the DHS.
He received the Mark E. Keane "Award for Excellence"in 2000 from
the ICMA,the Association's highest award and was honored as City
Manager of the Year(1999) and Person of the Year(2003) by the Rural
Water Association of Michigan,and distinguished service by the
Michigan Municipal League in 2005.
Senior Manager
Chief Joseph Pozzo(Ret.), MPA, Assistant Director, Volusla County
Department of Public Protection,former Director and Fire Chief of the
.Volusla County, Florida, Fire Services Department, Retired Chief, Loudon
County, Virginia, Department'of Fire and Rescue
Background
Chief Pozzo is the assistant director of the Department of Public
Protection which includes fire,EMS, Emergency Management, Medical
Examiner and other agencies.He was formerly chief of the Volusla i
County fire services department.The agency is a combination
department providing fire suppression and EMS services with career
firefighters and volunteer members.The agency operates out of 23
stations.Prior to Chief Pozzo's appointment in 2010 he served as the
Chief of the Loudoun County Department of Fire and Rescue.That
agency is a combination fire and rescue system providing fire,rescue,
and emergency management services to one of the fastest growing
counties in the nation. The fire and rescue system provides these
services to over 275,000 permanent residents living in 520 square miles
of diverse suburban and rural area located within the National Capital
Region.Fire, Rescue and Emergency Management services are
ICMA Center for Public Safety Management EXHIBIT Page 16 of 25
A
of ZS
1
executed through 437 career staff and over 1300 volunteer members I
operating out of nineteen stations. Prior to his appointment with
Loudoun County, Chief Potzo retired from the City of Virginia Beach,
Va.Fire Department as a Battalion Chief.
He holds a Master of Public Administration from Troy University where
he graduated with honors,B.A., Public Administration from Saint Leo
University and several associates degrees including an AAS in Fire
Science and Protective Services. He holds the Chief Fire Officer
Designation, Center for Public Safety Excellence,and is Commission
on Professional Credentialing Adjunct Instructor for Virginia
Department of Fire Programs
Senior Manager
Chief Donald James,MPA, (Ret) Assistant Chief,Miami-Dade Fire Rescue
• Background
During a career spanning 30 years, Donald C.James retired in 2005 as
an Assistant Fire Chief with the Miami Dade Fire Rescue Department.In I
that capacity he assumed oversight of various functional areas to i
include Fire Prevention, Facilities Management and Construction,
Communications, Emergency Medical Services and Training Divisions,
As a Division Director,he was responsible for multimillion dollar budgets
for Community Relations, Emergency Medical Services,
Communications and Fire Prevention.
In 1996 he was honored by the National Fire Protection Association as
the "Learn Not To Burn Champion"with a Safe Cities Award Grant. 3
Working in conjunction with Miami Dade Public Schools,the grant
provides for the teaching of a fire safety curriculum at the elementary
grade levels.Among other accomplishments, he was also instrumental
In the development of the department's Infectious Disease Control
Policy and Procedure-one of the first of its kind in the fire service j
nationwide.
Mr.James received his Associates degree in Fire Science Technology I
from Miami Dade College.He holds a Bachelor's degree in Public
Administration from Barry University in Miami Shores,and Master's
degree In Public Administration from Florida International University, :
Miami,
Senior Manager �
E
Chief Dan Kiernan,MGA,(Ret.) City of Jacksonville Fire& Rescue
Department, Former City Manager of Tallahassee, County Manager of
Hifisbourgh County,CAO of Jacksonville Florida
• Background
Dan Kleman retired as the Director and Fire Chief of the Jacksonville
Fire and Rescue Department and is responsible for 1,300 employees. i
Since arriving at JFRD in 2006,Chief Kiernan,working with his >`
management team, he expanded management training and i
professional development for JFRD's officers,opened a new fire station i
and three replacement stations,Identified more than$1 million in i
overtime cost savings and enhanced JFRD's recruitment program.
Kleman recently developed a 10-year plan,unanimously adopted by
City Council,which charts the department's expansion so it can
continue to meet Jacksonville's rapidly growing demand for fire and
emergency medical services.
EXHIBIT
ICMA Center for Public Safety Management Page 17 of.25
o� 25
Mr. Kleman came to Jacksonville in 2004 to serve as Chief
Administrative Officer.In October 2006,he moved from City Hall to
JFRD to lead the department.He was appointed City Manager in
Tallahassee 1974.After 20-plus years as City Manager, Kleman headed
to Tampa where he served as County Manager of Hillsborough
County for nearly a decade.
Mr. Kleman has been named Outstanding Public Administrator of the
Year by both the Tallahassee and Tampa Bay chapters of the
American Society of Public Administration.He is Past President of the
9,000-member International City-County Management Association
and the Florida City and County Managers Association.He also was
an adjunct professor in Florida State University's Masters of Public
Administration program.He holds a bachelor's degree in political
science from Bowling Green State University in Ohio and his master's
degree in governmental administration from the Wharton Graduate
School at the University of Pennsylvania.He is also a graduate of the
senior executive program at the John F.Kennedy School of
Government at Harvard University.
Senior Manager
Gerard J. Hoetmer, MPA, retired Executive Director of Public Entity Risk
Institute, Fairfax, Virginia
• Background
Gerry Hoetmer is an expert in fire services,emergency management,
and risk management.He served as the founding executive director
of the Public Entity Risk Institute,a nonprofit organization that provided
training,technical assistance,and research on risk management
Issues for local government and other public and quasi-public
organizations.During his tenure as executive director he was a
member of the National Academy of Sciences Disaster Roundtable.
Prior to his position as executive director at PERI,Mr. Hoetmer worked
at ICMA for 19 years,most recently as the director of research and
development. He has written extensively on local government
emergency management,the fire service,code enforcement,and
risk management issues.
Seminal works include the first report to Congress on fire master
planning and the first edition of Emergency Management:Principles
and Practices for Local Government.In addition to providing expert E
testimony before Congress and local arbitration.boards on fire staffing
and scheduling Issues,Mr.Hoetmer represented ICMA on the NFPA h
1500 Standard on Occupational Safety and Health; NFPA 1201,the
Standard for Providing Emergency services to the Public;and the
NFPA 1710,Standard for the Organization and Deployment of Fire t
Suppression Operations,Emergency Medical Operations,and Special
Operations to the Public by Career Fire Departments.Mr.Hoetmer has Y
developed and conducted training programs and seminars at FEMA's
Emergency Management Institute and the National Fire Academy in
Emmitsburg,Maryland.
He holds a Bachelors from the State University of New York,New Paltz
and the Master of Public Administration degree from the University of
Colorado at Denver `
■ EXHIBIT
(P &-C 2,5
ICMA Center for Public Safety Management- Rouna HOCK, Page 18 of 25
i
Project
, o • . II i
We understand that the focus of this study it to determine the effectiveness and
efficiency of the City of Round Rock Fire Department.Specifically the City is interested in
recommendations of appropriate staffing levels,including the use of non-traditional
staffing models,such as dynamic staffing.Additionally the City seeks a review of
potential fees for service. Further we will evaluate the current medical first responder
system and make recommendations based upon the latest research in this area of pre-
hospital care.
This review will consider all aspects of the department including operational and support
functions,We will evaluate the department's performance compared to nationally
accepted standards. In addition to reviewing operational activities we will analyze the
internal functions of the agencies.This will include review of internal documents such as
policies and procedures,internal affairs issues, training,discipline,community relations, i
etc.
ICMA believes that the most effective way to manage operations,including public
safety,is to make management decisions based upon the interpretation and analysis of
data and Information. In order to accurately project future workload,staffing and levels
of service,establishment of baseline data in these categories is imperative.ICMA and
the International Association of Fire Chiefs worked to create the Commission on Fire r
Accreditation International, Inc.in 1485 and it recently marked 15 years of accrediting s
fire departments throughout the world.CFAI would be spun off from ICMA and IAFC and
form its own 501 (c)(3) corporation,changing the name for the umbrella corporation to
Center for Public Safety Excellence,Inc." (CPSE)in 2007. ICMA has recommended
members for the Commission on Accreditation of Law Enforcement Agencies (CALEA)
and has worked with that organization for decades.
The principles of accreditation centered on agencies meeting core competencies and
evaluating baseline performance against established benchmarks.Areas that agencies
were found to be deficient would have corrected plans so that the process would focus
upon continuous improvement of police,fire,and EMS departments.
To determine the baseline performance of the Round Rock Fire Department,a data
analysis of the department workload,staffing and deployment will be conducted.By r
objectively looking at the availability of deployed hours and comparing those to the
hours necessary to conduct operations,staffing expansion and/or reductions can be
determined.The time necessary to conduct proactive fire activities (such as code
enforcement,property inspections,and company-level prevention efforts)will be
reviewed to provide the City of Round Rock with a meaningful methodology to
determine appropriate staffing levels.This data analysis forms the basis for establishing r
the baseline performance of the department.We will then review that baseline
performance capability again the actual performance of the department.
Further,we will review existing deployment,to determine appropriate staffing levels
throughout the day. Alternatives will be discussed and presented for deploying staff to
minimize response times, particularly for EMS. We will assist the department for
developing a community-inclusive strategic plan that addresses the mission,vision,and
future plans of the department.
To accomplish this analysis:
• We will utilize mapping technologies which will allow us to present
graphics showing the locations and time of various types of calls for
service.We will use these computer generated maps to help determine
the appropriate configuration of response districts,which may be altered
and reconfigured as workload Chan es.
ICMA Center for Public Safety Managemen EXHIBIT
Page 19 of 25
A
119 25
{
• We will review the department's use of data analysis to address
assignments and deployment to make full use of existing resources within
the agency.
• We will review all phases of the department's operations to determine
opportunities for cost savings/avoidance,
• We will review all departmental operating policies and procedures I
including training records,internal investigations,public relations activities,
disciplinary actions,etc.
We believe we are best qualified to perform this study because ICMA delivers a report
from the management perspective.Too often studies are performed by groups with an
interest in police, fire, EMS,or emergency management which can often avoid the
critical decisions necessary to provide the most efficient, effective and safe delivery of
services within budget.ICMA can draw upon best practices not just domestically,but
from throughout the world because of its membership base.ICMA recently assisted in the
development of several programs at the International Association of Fire Chiefs' Fire-
Rescue International Conference held in Atlanta which featured best practices F
developed in the United Kingdom. 3
Upon the conclusion of the analysis we will be prepared to report clearly the
performance of the department,what recommended changes should occur,
i
3
t
{
i
E
F:
EXHIBIT k'
s
Za of Z5
ICMA Center for Pubfic Safety Management-Round Rock, Texas Page 20 of25
Project
• , •
PHASE 1 -Document/Data Request 10 Days
Within 10 days of contract execution by both parties the police and fire operations leads
will deliver a document request for both departments.This is an extensive request which
will provide us with a detailed understanding of each department's operations.Our
experience is that it typically takes an agency up to two weeks to accumulate the
Information and digitize,We will provide instructions on how to upload the materials to
one of our websites.If necessary the leads will hold telephone conferences to clarify the
request.The team leads will review this material prior to an on-site visit.
Within 10 days of contract execution by both parties the Data Lead will submit a sample
data request which will be a sample of CAD calls for service information for both police
and fire.The data team will review this information prior to an on-site visit.
Elapsed time to end of Phase 1: 10 days
PHASE 2-Data/Operations Team On-Slte Visit-30-45 Days
Within 30-45 days of receipt of these materials the data team and both operations teams
will conduct an on-site visit lasting typically 2 days.The data team may be one or two
Investigators while the operations teams will be two investigators for each department.
We will schedule this visit as soon as possible,consistent with availability of both the ICMA
team members as well as the critical players from the departments.
Elapsed time to end of Phase 2:40-55 days -
PHASE 3-Data Analysis 30-60 days
After the on-site visitby the Data Team we will extract a one year's worth of CFS
information from the CAD system.Immediately upon receipt the data team will begin
analysis. However,It is impossible to know if the data dump provides all the necessary
Information until the analysis process is well underway.This is determined by the quality of R`
the data collected by the agencies. Once the Data Team is confident that the dump
provides accurate,necessary information they will certify that they have all the data
necessary to complete the analysis.The analysis will be completed and a draft data
report will be delivered to each of the departments for their review and comment. It is
Impossible to know how long this will take given the reality that each department's data i
quality varies considerably.For our purposes we will assume 30 to 60 days for this stage. i
Elapsed time to end of Phase 3: 70- 115 days
PHASE 4A-Departmental Review of Draft Data Report-10 days
Each department will have 10 days to review and comment on the draft data analysis.
During this time our Data team will be available to discuss the draft report.The
Departments must specify all requested modifications at one time and agree to abide
by the final result,provided that we were not in error.Alternatively, the city can need to
agree that this phase might take more than 10 days to complete
Elapsed time to end of Phase 4A:80- 125 days t
t;
PHASE 4B-Final Data Report-10 days
After receipt of the department's comments the data report will be finalized within 10
days.
Elapsed time to end of Phase 4B:90- 135 days
PHASE 5-Draft Operations Report-10 days
Once the final data report is completed the operations team will provide a draft
operations report to each department.Again the departments will have 10 days to
review and comment. €
Elapsed time to end of Phase 5: 100- 145 days
PHASE 6-Final Report 15 days g
Once the Department's review is receive by ICMA the combined final report will be
delivered to the city within 15 days.
TOTAL ELAPSED TIME: 115 - 160 days EEXHIIBITICMA Center for Public Safety ManagementPage 2i of 25
of 25
Partial List - Past Work Assignments ,
M:uniaiaality Contact Person Phone Email
-g2ulafion
City of Novi,MI Clay Pearson (248)347- cpearson@cit ofnovi org
Pop,54,100 City Manager 0450
City of Annapolis,MD Robert Agee; (443) 306- Pobertageencomcast net
Pop.36,525, (State former City Adm. 1036
Ca Itol
Village of Glenview, IL Christopher Clark (847) 904- cciark@glenview it us }
Pop.4b,100 Deputy City Mgr. 4375
City of Wauwatosa,WI James Archambo, (414) 479- Larchombo@wauwatosa.net €
Pop.45,000 City Administrator 8915 i
City of Alameda, CA Ann Marie Gallant ) 747- amgallant@ci alameda ca ,s
[510
Pop.72,300 CM (510
4881
City of Huron,OH Andy White, (419) 433- awhite@citvofhuron org
Pop. 8,000 City Manager 5000
Wyoming,MI Curtis Holt (616) 530- holtc@ci.wvoming,mi.us
Pop.70,122 City Manager 7265
Belton,TX Sam Usti (254) 933- - slisti@ci.beiton.tx.us
Pop. 17,000 City Manager 5819
Indianapolis,IN Frank Straub (317)-327- fstraub@indy.gov
Pop.800,000 Public Safety Dir. 5090
Palo Alto, CA Pam Antil (659)-329- Pamela.Antii@CityofPaloAito org
Pop.64,400 A'sst City Mgr. 2692 z
Delray Beach, FL David Harden (561) 733- harden@mydeiraybeach com
Pop.60,200 City Manager 6013
Santa Ana, CA Paul Walters (714) 647- PWalters@santa-ana ora
Pop.350,000 Police Chief 5200 °
Troy,MI John Szerlag (248) I.S—zerlocl@troymi.gov
Pop.80,980 City Manager 524.3330 t
Stockton,CA Laurie Montes (209)937- Laurie.Montes@ci.stockton.ca.us
Pop.291,707 Deputy City Mgr. 8843
Petoskey,MI Dan Railey (231)347- draIIey@ci.oetoskey.r'nJ.us
Pop.6,080 City Manager 2500
Santa Monica,CA Rod Gouldi'
(310) 458- Ro�.l`,Gould@SMGOV NET
Pop.80,000 City Manager 8301
EXHIBIT
A
2z 6-P 25
ICMA Center for Public Safety Management-Round Rock, Texas Page 22 of 25
Proposed
ff • i - -
The quotation of fees and compensation shall remain firm for a period of 90 days from
this proposal submission.
ICMA agrees to conduct the project for the sum of$66,000,exclusive of travel. The
project would be billed in three installments:the first within 14 days of the start of the
project for$25,000;the second billed at the time of the draft data analysis report for
$25,000 and the third at presentation of the final report for$16,000.Payments would be
made out to the International City/County Management Association upon invoicing as
according to the aforementioned payment schedule.If some other arrangement is
deemed more appropriate by the City of Round Rock,ICMA will work cooperatively for
an agreement on the payment terms.
A travel budget of$9,000 is proposed.All travel costs will be billed separately on an
occurrence bases, or upon final project completion.ICMA agrees to work cooperatively
With the client in order to reduce such costs to the greatest extent possible while still
meeting the expectations of the City of Round Rock.
NOTE: In local governments where the chief administrator is a member of ICMA, a 10%b
discount Is provided.Thus,the total cost for this project would be reduced to
$59,400 and the payment schedule adjusted accordingly.
Deliverables
Draft reports for fire/EMS will be provided for department review in electronic format.
In order to be ecologically friendly, ICMA will deliver the final report in computer
readable material either by email or CD.The final reports will incorporate the operational
as well as data analysis and strategic plan.Should the City of Round Rock desire
additional copies of the report,ICMA will produce and deliver Whatever number of
copies the client requests and will invoice the client at cost.
ICMA staff members will be available to make a formal presentation of the report in
person should the client so desire.ICMA will bill$1,000 per person per presentation plus ¢
travel expenses.
i
s
i
v
k
i'.
y
EXHIBIT
23 of
ICMA Center for Public Safety Management- Round Rock, Texas Page 23 of 25
Reporting
rp , i
The Program Manager or specific area team leads will report project status to the
identified City of Round Rock contacts at identified intervals using an acceptable and
agreed upon reporting template.Beyond this however,communication will be i
maintained and coordinated through the Team Leader with these contacts and other
identified relevant personnel on a regular basis. i
Contact Info i
Principal-in-Charge-Thomas J.Wieczorek
twieczorek@icma ora
202-962-3607
n
i
Project Manager-Leonard Matarese
Imatarese@icma org • .
716-969-1360
Fire Operations Team Lead-Joseph Pozzo
IDOzzO@Icma.org
571-309-8196
Data Analysis Team Lead-Dr.Dov Chelst
dchelst@icma org f
202-309-8281
i
f
5
EXHIBIT
A
2q a ' z
ICMA Center for Public Safety Management- Round Rock, Texas Page 24 of 25
Conclusion
MIA
Part of ICMA's mission is to assist local governments in achieving excellence through
information and assistance.Following this mission, ICMA Center for Public Safety
Management acts as a trusted advisor,assisting local governments in an objective
manner. In particular, ICMA's experience in dealing with public safety issues combined
with its background in performance measurement,achievement of efficiencies,and
genuine community engagement,makes ICMA a unique and beneficial partner in
dealing with issues such as those being presented in this proposal.We look forward to
working with you further.
t
z
x
t
F
d
s
d'
r
x
i
f
I
1
1
1
EXHIB
z5r 2�
ICMA Center for Public Safety Management- Round Rock, Texas Page 25 of 25
i