HomeMy WebLinkAboutMANAGEMENT PARTNERS, INC. (2005 Dispatch Analysis)AGREEMENT TERMINATION
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Please complete this form when the attached agreement is no longer in effect. L:
Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 if yQu have.aity
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Signature:
Date: s
City of Santa Ana
Revised 8-7-03 Clerk of the Council
A-2005-295
CONSULTANT AGREEMENT
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THIS AGREEMENT, made and entered into this 19`h day of December, 2005 by and
between Management Partners, Inc., a California corporation (hereinafter "Consultant'), and the
City of Santa Ana, a charter city and municipal corporation organized and existing under the
{� Constitution and laws of the State of California (hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
government management efficiency, to provide a feasibility study regarding a joint Fire
dispatch system.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services as set forth in Exhibit A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, a
total sum of $29,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on delivery
and acceptance by City of the feasibility report, unless terminated earlier in accordance with
Section 12, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer -employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Due to the nature of the services provided, insurance is not required.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
d. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
e. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I of this Agreement.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
and
Fire Chief
City of Santa Ana
1439 S. Broadway
Santa Ana, California 92707
telefacsimile (714) 647-5779
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant: Management Partners, Inc.
2107 N. First Street, Suite 470
San Jose, California 95131
telefacsimile
Attn: Gerald E. Newfarmer
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terns of this Agreement and any attachments hereto, the
terns of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party which are not embodied hcrein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By: til
Lau `Sheedy
Assistant City Attorney
CITY OF SANTA A
DAVID N. REAM
City Manager
MANAGEMENT PARTNERS, INC.
A
GERALD E. NEW69RMER
President and CEO
Tax ID#
Duane Olson
Fire Chief
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Phillip Garcia
Fire Chief
City of Santa Ana
1439 South Broadway
Santa Ana, CA 92707
Dear Chiefs:
EXHIBIT A
November 21, 2005
Mark T. Haskell
Fire Chief/Building Safety Director
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 93708
Management Partners is pleased to provide this proposal to assist you by exploring options for upgrading
your dispatch services. As we discussed when we met, we are confident that we can execute a project
that will provide you with data to make informed decisions about dispatch operations. Before I discuss
our specific approach, I'd like to tell you a bit about our firm.
First, let me provide some background information about Management Partners. The firtn was
created in 1994 to help local government managers improve the way in which their organizations
work. The firm is staffed by professionals who are experienced public service managers as well
as qualified management consultants. As a result of our practical, "real -world" experience, we
understand the issues related to the needs and expectations of public agency chief officers,
department directors and managers, as well as the elected members of governing boards, and we
are sensitive to the political context that is unique to public service. Management Partners is
committed to providing each client with the highest quality staff work in every single
assignment.
Management Partners has completed a wide variety of projects for local government clients to improve
the effectiveness of their organizations. Beginning with goal setting and strategic planning for local
government, we have assisted in the complete range of planning and work implementation improvement
projects. Many of our projects have involved reviewing the structure and operations of municipal
agencies, diagnosing and addressing conditions that were impeding effective operations, and providing
recommendations for improvement.
Management Partners has completed a wide variety of projects for local government clients to analyze
service levels, identify improvements and/or evaluate consolidations alternatives. Many of these projects
have involved reviewing the structure and operations of local agencies, diagnosing and addressing
conditions that were impeding effective operations, and providing recommendations for improvement.
We are particularly interested in working with clients through the implementation of
our recommendations. Our experience is that any effort that does not include a detailed action plan for
implementation is destined for a long, undisturbed shelf life. As a result, whenever appropriate, we
include implementation assistance in our plan of work.
BACKGROUND
Currently the Metro Cities Fire Authority Communications Center (Metro Net) provides the cities of
Huntington Beach and Fountain Valley with fire and EMS dispatch services. This system currently
serves seven cities: Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Newport
Beach, and Orange. The Metro Net Communications Center is located in the City of Anaheim. The City
of Santa Ana provides its own fire and EMS dispatch service as a function of the Fire Department.
The Fire Chiefs of Santa Ana, Huntington Beach and Fountain Valley (Project Cities) are interested in
exploring options for upgrading their dispatch services for the three fire departments in a new
consolidated center using available facilities in Huntington Beach. The Chiefs have identified several
potential benefits from such an arrangement.
1. The City of Santa Ana has state of the art dispatch and communications infrastructure, but the
actual dispatch center is very inadequate. A joint project could provide for a sharing of costs for a
new facility, while maintaining the top shelf dispatch system the City is currently using.
2. The cities of Huntington Beach and Fountain Valley could potentially realize improved CAD
(Computer Aided Dispatch) services as a results of being able to use the Santa Ana system.
3. The Project Cities are interested in exploring other joint services that could become part of a
shared dispatch function. These would include a shared Homeland Security grant opportunity,
regional emergency management and special operational programs, training, and training center
functions considered part of the modern "all risk" fire department. Such partnerships could
enhance services and reduce unit costs by elimination of duplication.
4. The Project Cities are all located within the Santa Ana Urban Area Security Initiative (UASI)
area. This is the federal grant program managed by the Department of Homeland Security. Under
this program the Department of Homeland Security has defined urban areas with high population
density and other risk factors for the purpose of improving response capability in geographically
related areas. Orange County is divided into two UASI areas, the Santa Ana area in the south and
the Anaheim area in the northern part of the county. The Project Cities believe they may be able
to better utilize and leverage UASI funding in a shared fire communication environment.
Management Partners has been asked to prepare a proposal to prepare an analysis of the potential for a
partnership for consolidated and improved dispatch services. This analysis is to take into consideration
the potential to grow to include some or all of the non -dispatch partnerships discussed above.
8
PLAN OF WORK
The following Plan of Work provides an overview of the activities that Management Partners will
undertake during this assignment. We recommend the scope of work and deliverables discussed below
in order to address the stated needs of the Project Cities.
Activity I - Initiate Project
Management Partners will begin this project, as we do for all of our assignments, with a careful learning
phase. We will begin this project with a planning meeting to fine-tune the scope and address project
logistics such as finalizing interview schedules and timetables. We will also discuss the written
information (budgets, staffing plans, work plans, training records, maintenance standards and records,
performance measures, etc.) that we will want to obtain for review, and begin that process. Prior to this
meeting we will have formulated an agenda and an information request to discuss at the kickoff. The
project start-up activity will lay the basis of the partnership between our project team and staff from the
Project Cities. These activities will insure that we approach this project in a manner that blends staffs
knowledge and experience with the outside expertise provided by Management Partners. It will afford the
opportunity to share information and to refine the project schedule so that it is comfortably integrated
with other work demands that the staff must continue to handle, even as this project proceeds.
Activity 2 — Conduct Review of Current Operations
Activity 2 will focus on completing an evaluation of how the existing system works and if a partnership
between the Project Cities might provide the opportunity to improve services and/or better control the
growth in expenditures. We will work with staff from the Project Cities to review current dispatch
service operations and identify potential improvements. This will be done in an objective manner using
standard industry practices and standards articulated in NFPA standards, OSHA and insurance rating
criteria, as well as requirements under state and federal law. Interviews with fire service personnel will
also be an important part of this activity to assess the adequacy of training and resources.
During this activity we will complete the following specific tasks
1. Review data regarding the current operations of Metro Net and Santa Ana fire dispatch for
participating Project Cities.
2. Research Huntington Beach facility options and prior research with respect to other facility
options.
3. Identify current and potential funding requirements and sources.
4. Complete an analysis of current system strengths and weaknesses.
5. Summarize results.
Once this analysis has been completed, Management Partners will meet with management in the Project
Cities to discuss the results.
Activity 3 — Evaluate Consolidation
This stage of the project will focus on the potential for improving performance by consolidating
dispatch services among the Partner Cities. This part of the project will also include a review of
the financial tools potentially available to address existing and future needs. In addition to
looking at the potential benefits, as well as the barriers or complications, associated with a
partnership between the Project Cities, this activity will consider the contingent benefits of the
other joint activities discussed above. Specifically this phase will include the following tasks:
1. Describe the potential for improvement in dispatch services that consolidation offers to
the Project Cities.
2. Prepare a preliminary compilation of the cost elements, including one-time capital and
annual operating expenses.
3. Evaluate the potential of other associated consolidation opportunities.
4. Evaluate the use of the Central Net Operations JPA as a potential vehicle for
consolidation.
5. Summarize results.
Once Activity 3 has been completed, Management Partners will meet with management in the
Project Cities to discuss the results.
Activity 4 — Report Preliminary Results
With the learning, diagnostic evaluation and analysis completed, Management Partners will
prepare a report that documents the opportunities for improvement with the current operations,
offer preliminary analysis of the costs and benefits for consolidating the Project Cities'
communication and dispatch services, and provides an outline of a more detailed analysis that
would be required to plan and implement a consolidated communications function for the Project
Cities. This subsequent analysis would, of course, include actual staffing projections and funding
approaches. While the scope of the current work is limited to the identification of existing
opportunities for improvement and how they may be addressed by a dispatch consolidation, we
will also sketch the potential for long-tem service improvement and efficiencies which could be
achieved with a joint project. Management Partners believes an important element of this work
should be in positioning the Project Cities to productively accomplish this work at minimum
cost. It will do so by suggesting the best future direction from the funding options available.
PROJECT TEAM
Andy Belknap, Regional Vice President, will provide project direction and expert guidance to this project,
and take responsibility to assure that the work is at the high level that has earned the firm its reputation for
quality work. Rebekka Hosken, Senior Management Advisor; John Granito, Special Advisor; and Emily
Baker, management analyst will assist Andy on this project. Mr. Granite is a nationally respected expert
on fire fighting and has participated in literally hundreds of consulting projects to improve fire service
delivery. Mr. Belknap and Ms. Hosken are currently finishing an organizational analysis project for Santa
Barbara County and are knowledgeable of current issues facing California fire departments.
Andrew Belknap, Regional Vice President of Management Partners' western operations, will serve as
project manager of this project. He has over 20 years of local government experience, including service as
a City Manager and Public Works Director of jurisdictions in Ventura County. Andy has managed all of
the firm's projects in the west since 2003, including a number of organizational reviews and consolidation
analyses. Some of the most recent organizational reviews have included the City of Redondo Beach, the
City of San Ramon, and San Mateo County. He is a seasoned and practical problem solver with first-hand
10
knowledge of municipal functions. As a trained economist, Andy brings a special expertise to fiscal
analysis and public finance issues. His blend of quantitative skills, coupled with a practitioner's
understanding of public services and management systems, adds value to all types of organizational and
policy analysis.
Rebekka Hosken, Senior Management Advisor, has assisted a variety of cities with management
improvement initiatives including organizational reviews. She has also served as a primary staff person
on the firm's work in improving the development review permit processes in a number of cities in the
west. Ms. Hosken is currently a primary consultant on an organizational analysis for the Santa Barbara
County Fire Department. This project has included a detailed analysis of dispatch opportunities. Prior to
joining Management Partners, she served as the Assistant Village Manager of the Village of La Grange
Park, Illinois, and as Executive Assistant to the Mayor of Appleton, Wisconsin, where she led the City's
transition to a performance based program budget.
John Granito, Special Advisor, has provided consulting in fire and emergency management services to
jurisdictions large and small throughout the United States. Dr. Granito has served as a consultant to more
than 350 municipal fire -rescue departments. He was Chair of the National Fire Protection Association's
1201 technical committee on the Organization, Operation, Deployment, and Evaluation of Fire and
Emergency Medical Services and has been a member of the International Disaster Research Committee.
John has served as Supervisor of Fire Training for New York State, and as Director of [AFC's
International Fire Administration Institute. As a Special Advisor with Management Partners, he provides
his specialized expertise on fire and emergency management services provided by the firm.
Emily Baker, Management Analyst is skilled in all types of technical analysis, and has experience in both
the private and public sector. She has experience building and maintaining databases and is proficient at
extracting meaningful data from complex data sets. She has also acted as a facilitator in organizational
development projects and business process improvement efforts. Emily has managed and performed a
variety of technical assessments in both the private and public sector and is familiar with all the latest
developments in the application of information technology to business work processes.
HOURS, COST AND SCHEDULE
Management Partners estimates that a minimum of 207 hours of professional work will be
required to complete the Plan of Work as described above. It is important to Management
Partners that the client is pleased with the quality of the professional work performed by the
company and so the hours reflected above are the minimum number of hours committed by the
firm to the project, although the price proposed is a fixed amount.
TOTAL
ACTIVITY HOURS
207
The cost to complete the proposed Plan of Work is $29,500 including expenses. The project schedule
will be coordinated with Chiefs from the Project Cities and will be established during Activity 1.
I will be pleased to answer any questions you may have about this proposal or our proposed work plan. I
will also be pleased to furnish reference information if you so desire. Management Partners looks
forward to working with you on this important project.
Sincerely,
M
/�
Gerald E. Newfarmer
President and CEO
12
ACORD, CERTIFICATE OF LIABILITY INSURANCE MAN-P-1 08 O1/06 oP ID LA DATE (MMI/06)
:
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
THE HAUSER GROUP HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
8260 Northcreek Dr. Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Cincinnati OR 45236
Phone:513-745-9200 Fax:513-745-9219 > INSURERS AFFORDING COVERAGE INAIC#
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The City of Santa Ana and the Santa Ana Fire Department (M-BO) are
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A