Loading...
HomeMy WebLinkAboutC2022-046- Matrix Consulting Group1 Contract No. 2022-046 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MATRIX CONSULTING GROUP, LTD. THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into as of November 16, 2021, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Matrix Consulting Group, LTD., a California corporation (the “Vendor”). RECITALS A. The Town issued a Request for Proposals, RFP No. 2022-005/Financial Analysis— Law Enforcement (the “RFP”), a copy of which is on file with the Town and incorporated herein by reference, seeking proposals from vendors interested in providing professional services consisting of consulting Financial Analysis of Law Enforcement Operations and Alternatives (the “Services”). B. The Vendor responded to the RFP by submitting a proposal (the “Proposal”), attached hereto as Exhibit A and incorporated herein by reference. C. The Town desires to enter into an Agreement with the Vendor to perform the Services, as set forth below. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Vendor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until November 15, 2022 (the “Initial Term”), unless terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up one successive one-year term (each, a “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal, (ii) at least 30 days prior to the end of the then-current term of this Agreement, the Vendor requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town approves the additional one-year term in writing (including any price adjustments approved as part of this Agreement), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Vendor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Vendor, elect to waive this requirement and renew this Agreement. The Initial Term and all Renewal 2 Terms, if any, are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. Vendor shall provide the Services as set forth in the Proposal attached hereto as Exhibit A and incorporated herein by reference. 3. Compensation. The Town shall pay the Vendor an amount not to exceed $79,000, at the rates set forth in the Fee Proposal attached hereto as Exhibit A and incorporated herein by reference. The aggregate amount per renewal term shall not exceed $50,000 in any case unless the Agreement is affirmed and ratified via an executed amendment. All remaining terms and conditions of the Agreement shall remain in full force and effect. 4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice monthly), based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. Each invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. This Agreement must be referenced on all invoices. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Vendor agrees to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Vendor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Vendor’s performance. The Vendor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Vendor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Vendor. The Town has no obligation to provide Vendor, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Vendor. 9. Performance Warranty. Vendor warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 3 10. Indemnification. To the fullest extent permitted by law, the Vendor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Vendor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Vendor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. 4 E. Primary Insurance. Vendor’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Vendor. Vendor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Vendor shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Vendor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Vendor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Vendor’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Vendor’s responsibility to forward renewal certificates and 5 declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability – Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. (b) Auto Liability – Under ISO Form CA 20 48 or equivalent. (c) Excess Liability – Follow Form to underlying insurance. (2) Vendor’s insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Vendor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Vendor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not 6 limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Vendor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Vendor’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Vendor engages in any professional services or work in any way related to performing the work under this Agreement, the Vendor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Vendor, or anyone employed by the Vendor, or anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally liable, with an unimpaired liability insurance limit of $1,000,000 each claim and $3,000,000 annual aggregate. D. Workers’ Compensation Insurance. Vendor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Vendor of written notice by 7 the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Vendor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Vendor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Vendor an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Vendor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or 8 indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to workers’ compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Vendor do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Vendor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Vendor. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 9 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Vendor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision shall be a breach of this Agreement by Vendor. 13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Vendor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Vendor. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Vendor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Vendor any amounts Vendor owes 10 to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Vendor: Matrix Consulting Group, LTD. 1650 S. Amphlett Blvd., Ste. 213 San Mateo, Ca. 94402 Attn: Richard Brady or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Vendor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Vendor’s duties under this Agreement. Persons requesting such information should be referred to the Town. Vendor also agrees that any 11 information pertaining to individual persons shall not be divulged other than to employees or officers of Vendor as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors are complying with the warranty under subsection 13.17 below, Vendor’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Vendor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Vendor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Vendor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Vendor pursuant to this Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of intended audits. Vendor shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Vendor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Vendor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the documents shall govern in the order listed herein. 13.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. 12 [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Klein, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] Elizabeth Klein (Nov 17, 2021 15:28 MST) “Contractor” ____________________________________, By: Name: Title: Matrix Consulting Group, LTD., a California corporation President Richard Brady EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MATRIX CONSULTING GROUP, LTD. [Consultant’s Proposal] See following pages. Town of Fountain Hills Admin-Procurement Robert Durham, Procurement Officer 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 PROPOSAL DOCUMENT REPORT RFP No. 2022-005 Financial Analysis--Law Enforcement RESPONSE DEADLINE: October 28, 2021 at 3:00 pm Report Generated: Monday, November 8, 2021 Matrix Consulting Group Proposal CONTACT INFORMATION Company: Matrix Consulting Group Email: proposals@matrixcg.net Contact: Richard Brady Address: 1650 S Amphlett Blvd Ste 213 San Mateo, CA 94402 Phone: (650) 858-0507 Website: www.matrixcg.net Submission Date: Oct 28, 2021 11:35 AM PROPOSAL DOCUMENT REPORT RFP No. 2022-005 Financial Analysis--Law Enforcement PROPOSAL DOCUMENT REPORT Request for Proposals - Financial Analysis--Law Enforcement Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. Certification By confirming questions under this section, the Vendor certifies: NO COLLUSION* Pass The submission of the Proposal did not involve collusion or other anti-competitive practices. Confirmed NO DISCRIMINATION* Pass It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. Confirmed NO GRATUITY* Pass It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gi ft, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted Proposal. It (including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process PROPOSAL DOCUMENT REPORT RFP No. 2022-005 Financial Analysis--Law Enforcement PROPOSAL DOCUMENT REPORT Request for Proposals - Financial Analysis--Law Enforcement Page 3 with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager, Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent, except for questions submitted as set forth in Subsection 1.4 (Inquiries), above. Any attempt to influence the selec tion process by any means shall void the submitted Proposal and any resulting Agreement. Confirmed FINANCIAL STABILITY* Pass It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential co sts resulting from an award of the Agreement. Confirmed NO SIGNATURE/FALSE OR MISLEADING STATEMENT* Pass The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the person signing has the authority to bind the Vendor. Failure to sign the Proposal and the Vendor Information Form, or signing either with a false or misleading statement, shall void the submitted Proposal and any resulting Agreement. Confirmed PROFESSIONAL SERVICES AGREEMENT* Pass In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services Agreement including the Scope of Work and other Exhibits. Confirmed PROPOSAL DOCUMENT REPORT RFP No. 2022-005 Financial Analysis--Law Enforcement PROPOSAL DOCUMENT REPORT Request for Proposals - Financial Analysis--Law Enforcement Page 4 REFERENCE CHECKS* Pass References will be checked, and it is Vendor’s responsibility to ensure that all information is accurate and current. Vendor authorizes the Town’s representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. Inability of the Town to verify references shall result in the Proposal being considered non-responsive. Confirmed 2. Vendor Proposal GENERAL INFORMATION* Pass A. One page cover letter as described in the section titled "RFP Submission Process", the subsection titled "Required Submittal". B. Provide Vendor identification information. Explain the Vendor’s legal organization including the legal name, address, identification number and legal form of the Vendor (e.g., partnership, corporation, joint venture, limited liability company, sole proprietorship). If a joint venture, identify the members of the joint venture and provide all of the information required under this section for each member. If a limited liability company, provide the name of the member or members authorized to act on the company’s behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent company. If the corporation is a nonprofit corporation, provide nonprofit documentation. Provide the name, address and telephone number of the person to contact concerning the Proposal. C. Identify the location of the Vendor’s principal office and the local work office, if different. Include any documentation that supports the Vendor’s authority to provide services in Arizona. D. Provide a general description of the Vendor’s organization, including years in business. E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that have been terminated within the last five years. Briefly describe the circumstances and the outcome. PROPOSAL DOCUMENT REPORT RFP No. 2022-005 Financial Analysis--Law Enforcement PROPOSAL DOCUMENT REPORT Request for Proposals - Financial Analysis--Law Enforcement Page 5 F. Identify any claims arising from a contract which resulted in litigation or arbitration within the last five years. Briefly d escribe the circumstances and the outcome. Fountain_Hills_Police_General_Information.pdf EXPERIENCE AND QUALIFICATIONS OF THE VENDOR* Pass A. Provide a detailed description of the Vendor’s experience in providing similar services to municipalities or other entities of a similar size to the Town, specifically relating experience with respect to Financial Analysis --Law Enforcement. B. Vendor must demonstrate successful completion of at least three similar projects within the past 60 months. For the purpose of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and “similar projects” resemble this project in size, nature and scope. Provide a list of at least three organizations for which you successfully completed a similar project. This list shall include, at a minimum, the following information: 1. Name of company or organization. 2. Contact name. 3. Contact address, telephone number and e-mail address. 4. Type of services provided. 5. Dates of contract initiation and expiration. Fountain_Hills_Police_Experience_&_Qualifications.pdf KEY POSITIONS* Pass A. Identify each key personnel member that will render services to the Town including title and relevant experience required, including the proposed project manager and project staff. B. Indicate the roles and responsibilities of each key position. Include senior members of the Vendor only from the perspective of what their role will be in providing services to the Town. PROPOSAL DOCUMENT REPORT RFP No. 2022-005 Financial Analysis--Law Enforcement PROPOSAL DOCUMENT REPORT Request for Proposals - Financial Analysis--Law Enforcement Page 6 C. If a subcontractor will be used for all work of a certain type, include information on this subcontractor. A detailed plan for providing supervision must be included. D. Attach a résumé and evidence of certification, if any, for each key personnel member and/or subcontractor to be involved in this project. Résumés should be attached together as a single appendix at the end of the Proposal and will not count toward the Proposal page limit. However, each resume shall not exceed two pages in length. Fountain_Hills_Police_Key_Positions.pdf PROJECT APPROACH* Pass A. Describe the Vendor’s approach to performing the required Services in the section titled Scope of Work, and its approach to contract management, including its perspective and experience on partnering, customer service, quality control, scheduling and staff. B. Describe any alternate approaches if it is believed that such an approach would best suit the needs of the Town. Include rationale for alternate approaches, and indicate how the Vendor will ensure that all efforts are coordinated with the Town’s Representatives. Fountain_Hills_Police_Project_Approach.pdf PROJECT SCHEDULE* Pass Provide a project schedule showing key project milestones and deliverables. The schedule shall demonstrate Vendor’s ability to meet the designated milestones as listed below. All Services of the successful Vendor must reach full completion and shall not exceed a 60 day period after the Notice to Proceed has been issued by Town. Assumptions used in developing the schedule shall be identified and at a minimum the proposed schedule shall include the following dates. A. Contract Award Date B. Notice to Proceed Date PROPOSAL DOCUMENT REPORT RFP No. 2022-005 Financial Analysis--Law Enforcement PROPOSAL DOCUMENT REPORT Request for Proposals - Financial Analysis--Law Enforcement Page 7 C. Proposed Kick-Off Meeting D. Phase I Report Due Date E. Phase I Report Presentation Date F. Phase II Implementation Start Date G. Project Completion Date Fountain_Hills_Police_Schedule.pdf PRICING* Pass Vendor shall submit the same number of copies of the Fee Proposal as described in section titled "RFP Submission Process" subsection titled "Pricing" in a separate, sealed envelope enclosed with the Vendor’s Proposal with the signature of the representative of the Vendor who is authorized to make such an offer. The Fee Proposal must be provided in the format attached as Exhibit C of the Professional Services Agreement. The Fee Proposal shall list the individual cost for each of the program expenses and shall be provided in a spreadsheet format to enable the Town staff to determine (1) total labor hours, (2) key team member(s) proposed for each task and sub-task and (3) number of management, engineering, technical, drafting and support personnel hours proposed for the project. The hourly rate, name of the team member and staff classification shall be included in the spreadsheet. Identify all other costs to be billed to the project, including project expenses (no mark-up on expenses will be allowed) and subcontractor fees. Confirmed PRICING Pass Fountain_Hills_Police_Pricing.pdf 1650 S. Amphlett Blvd., Suite 213 • San Mateo, CA 94402 • 650.858.0507 SF Bay Area (Headquarters), Boston, Charlotte, Dallas, Irvine, Portland, St. Louis October 27, 2021 Rob Durham Procurement Administrator Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Dear Mr. Durham: The Matrix Consulting Group is pleased to provide you with our proposal to Conduct a Financial Analysis for Police Services. This proposal is based on our review of the request for proposals and background research on the City and its law enforcement services. A review of our services, experience, and qualifications will show that the Matrix Consulting Group is highly qualified because of its extensive experience evaluating police staffing and deployment, management, and assistance in achieving 21st Century policing concepts. We have worked with over 400 police services studies in Arizona and the Southwest as well as around the country (and Canada). A sample of clients is shown below: Albuquerque, NM Kansas City, KS Rio Rancho, NM Austin, TX Kansas City, MO San Antonio, TX Birmingham, AL Los Angeles, CA San Francisco, CA Buckeye, AZ Miami Beach, FL (2x) San Jose, CA Columbia, MO Orange County, FL (2x) Spokane, WA Columbus, OH Peoria, AZ Tacoma, WA (2x) Denton, TX Portland, OR Wichita, KS Fort Worth, TX Raleigh, NC (2x) Winnipeg, MB We are currently completing police staffing studies in Santa Fe, NM and Phoenix, AZ. As President of the Firm, I am authorized to represent the company regarding all matters related to our proposal. If you have any questions, please contact me at 650-858-0507 or via email at rbrady@matrixcg.net. I can also be contacted at the letterhead address. Richard P. Brady Matrix Consulting Group Richard P. Brady President mat rix consulting group Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 2 7.2.1 General Information The Matrix Consulting Group was formed by senior consultants who created it to pursue a service in which the senior people actually do the work. Our only business focus is the provision of organization and management analytical services to local government. Our firm’s history and composition are summarized below: • We were founded in 2002 as a corporation in California. • While we provide a variety of services to local government our most significant service area is public safety. The Matrix Consulting Group project team has conducted studies of more than 400 police service agencies throughout the United States, including several in Arizona. • Our firm maintains two offices in California (our headquarters is in San Mateo and we also have an Irvine office), Oregon, Illinois, North Carolina and Texas. We currently have 18 full-time and 4 part-time staff. One team member is in Arizona. The contact information for the Project Manager (Principal) and our corporate headquarters is as follows: Richard P. Brady, President Matrix Consulting Group, Ltd. 1650 S. Amphlett, Suite 213 San Mateo, CA 94402 (650) 858-0507 (650) 397-4050 fax rbrady@matrixcg.net The Matrix Consulting Group has not had any contracts cancelled, revoked or renewed within the past five (5) years. The Matrix Consulting Group is not the subject of any pending litigation and has not been the subject of any litigation in the past five (5) years, nor in the history of the firm. The Matrix Consulting Group, its partners and staff have no conflicts of any kind with the City of Fountain Hills, its elected officials and staff. We need to take two exceptions to the proposed contract relating to insurance – our professional liability coverage is $1m/$3m not $2m/$2m and we own no autos so we cannot get ‘any auto’ coverage. Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 1 7.2.2 Experience and Qualifications 1. Police Consulting Experience While we provide a variety of services to local government our most significant service area is police services. The Matrix Consulting Group project team has conducted studies of more than 400 law enforcement agencies throughout the United States and in Canada, including many agencies in the Southwest. Our services in police consulting are varied and include: • Community-centered policing • Staffing, deployment and scheduling • Organization and management of services • Strategic, resource and management planning Our police consulting experience the past two years includes the following agencies with agencies in Arizona bolded: Buckeye, AZ Kauai County, HI Salt Lake City, UT Calistoga, CA Laguna Hills, CA San Francisco, CA Clayton, MO La Quinta, CA San Jose, CA Conshohocken, PA Lewisville, TX Raleigh, NC (2 studies) Columbus, OH Los Angeles, CA Ramsey County, MN Denton, TX Lower Saucon, PA Rockford, IL DFW International Airport Lynnwood, WA San Carlos Apache DeKalb County, GA Miami Beach, FL Scott County, IA Dodge County, WI Midwest City, OK Spokane County, WA Edmonton, AB Monroe, WA Suisun, CA Fort Worth, TX Narberth, PA Tacoma, WA (3 studies) Glenn Heights, TX Orange County, CA Tigard, OR Groton, MA Orange County, FL Travis County, TX Hennepin County, MN Oshkosh, WI Upper Macungie, PA Kansas City, KS Ossining, NY Wichita, KS Kansas City, MO Peoria, AZ Wyandotte County, KS Kawartha Lakes, ON Puyallup, WA Yarmouth, MA We are currently completing police staffing studies in Santa Fe, NM and Phoenix, AZ. Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 2 2. Similar Projects and References The following table illustrates similar projects completed by the firm in the past five (5) years. These projects also serve as references for the depth and quality of our work. Buckeye, Arizona Police Department Staffing and Planning Study 2019 Robert Sanders Assistant Police Chief 21699 W Yuma Road Buckeye, AZ 85326 623-349-6400 rsanders@buckeyeaz.gov Matrix CG developed an assessment of current and projected staffing needs for this police department serving this small but rapidly growing community. The study resulted in recommendations for additional staffing now and significantly in the future. Given the uncertain pace of future development, a model was provided to convert workloads and service needs into staffing requirements. Elements of the study also included ‘filling out’ the organization administratively and in support positions. Finally, a facilities plan was developed. Tacoma, Washington Police Department Staffing Study 2020 (follow up study in 2021) Tadd Wille Deputy City Manager 747 Market Street Tacoma, WA 98402 253-591-5818 tadd.wille@cityoftacoma.org Matrix CG developed a comprehensive analysis of current staffing needs and management. The project team recommended significant changes to operational management in investigations (case management) and in the deployment of resources in patrol and traffic to ensure that high call volume areas were adequately served. There were a number of unfilled positions which were recommended to be refilled to provide appropriate levels of service. A follow up study just completed provided an assessment of alternative police response for calls involving mental health issues and homelessness as well as civilian response to lower priority calls. Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 3 La Quinta, California Regional Feasibility Police Services Studies 2018 – Present Chris Escobedo Assistant City Manager 78-495 Calle Tampico La Quinta, CA 92253 760-777-7010 cescobedo@laquintaca.gov This project evaluated alternatives to contract for service from the Riverside County Sheriff’s Department. We also evaluated the feasibility of developing a joint contract with Indian Wells, Palm Desert and Rancho Mirage. The regional feasibility concluded that there are substantial opportunities for savings while improving service to the participating cities. The savings were the result of comp differences and shared services among the cities that are not shared in their individual contracts with the RCSD. Prior to the regional study, the firm conducted annual (4) operations and contract performance audits of the service provided by the RCSD to La Quinta. Principal recommendations included – expanding duty hours of the Traffic Unit to provide coverage on weekdays but increase their productivity; reduce the number of daily Patrol Officer hours from 150 daily to 140 hours daily. Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 1 7.2.3 Key Positions The Matrix Consulting Group proposes to utilize a senior project team, including our President and other experienced personnel, several with direct police service experience. Our team includes no subcontractors, an important positive for our firm and team resulting in better consistency in analysis and customer service. Summary descriptions of each team member are provided below beginning. More detailed resumes follow these summaries: Richard Brady President Project Manager Mr. Brady has been providing management consulting services to municipalities for over 40 years across all governmental functions, including over 400 law enforcement department clients conducting costs and financial analysis, organizational and operational assessments, organizational structure reviews, feasibility studies, technology and equipment reviews, and performance audits. He was the project manager for our recent police studies for Buckeye and Peoria (AZ) and our current planning project for Phoenix. He has a Doctoral Degree from Oxford University and a BA from Cal State. Ian Brady Vice President Project Analyst Ian Brady is a Vice President with the Matrix Consulting Group in our Police Services Practice. He has over 9 years of consulting experience. He specializes in public safety and is dedicated to providing analytical support for all of our police, fire, emergency communications and criminal justice system studies. He was the lead analyst for our recent police studies for Buckeye and Peoria (AZ) and our current planning project for Phoenix. Mr. Brady has developed the firm’s staffing, scheduling, and statistical models, including GIS-based analytical tools for analyzing field workloads and redeveloping patrol deployment areas. He received his BA in Politics from Willamette University. Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 2 John Scruggs Manager Project Analyst John Scruggs is a Manager with the Matrix Consulting Group. He has a strong background in law enforcement, including having previously served as a Captain for the Portland Police Bureau. He has served in all facets of law enforcement including patrol, investigations, training and administration during his 26-year career. Recently, he also was interim police chief to Lower Saucon Township. He was an analyst for our recent police studies for Buckeye and Peoria (AZ) and our current planning project for Phoenix. Mr. Scruggs has a Master of Public Administration from Portland State University. He received his Bachelor’s degree in Political Science from Portland State University. Mr. Scruggs has also received mid- management and executive management course certificates from the Oregon Department of Public Safety Standards and Training. Kelli Sheffer Manager Project Analyst Kelli Sheffer is a consultant with Matrix Consulting Group and has over 30 years over years of law enforcement experience both as a civilian and sworn member. She has experience any every facet of police operations including patrol commander, personnel, investigations, traffic, K9, Emergency Management, PIO, Critical Incident Commander, Training. She is an analyst on our current planning project for Phoenix (AZ). Kelli has additional in-depth experience in recruiting, the background process and employee discipline. She developed a use of force investigation and tracking protocols. Aaron Baggarly Senior Manager Project Analyst Support Services and Facilities Aaron Baggarly is a Senior Manager with the Matrix Consulting Group having joined the firm 7 years ago. Mr. Baggarly has worked on over 100 local government studies including over 40 public safety related studies He was the lead analyst for our recent police study for Buckeye (AZ) and our current planning project for Phoenix. Mr. Baggarly received a BS from Appalachian State University in Community and Regional Planning, minor in GIS; 2007 Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 3 Ryan Peterson Consultant Project Data Analyst Ryan Peterson is a Consultant with the Matrix Consulting Group, specializing in GIS and data analytics. He has over five years of experience in conducting geospatial analysis for local and regional governments, having previously worked for the City of Portland and City of Beaverton, as well as the Tri-County Metropolitan Transportation District of Oregon. He was an analyst for our recent police studies for Buckeye and Peoria (AZ) and our current planning project for Phoenix. He holds a BS in Geography/GIS from University of Oregon, as well as a GIS Graduate Certificate from Portland State University, and a certificate in programming from the Epicodus School. Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 4 RICHARD BRADY PRESIDENT, MATRIX CONSULTING GROUP Richard Brady founded Matrix Consulting Group in 2002 and our Canadian firm, MCG Consulting Solutions in 2017. He leads our Public Safety Practice which includes law enforcement and justice studies. He has served as the Project Manager or Lead Analyst on hundreds of public safety studies in his 40 year career. His subject matter expertise includes police staffing and deployment, management effectiveness, and governance and transparency. Prior to his founding of these two firms, he served for over 20 years as a practice leader in two other firms, including Maximus. Experience Highlights Austin, TX: Richard lead a consulting team to assist the APD recreate its approach to community policing to involve everyone, not just those with specialty assignments. While the study supported the addition of staff, the study also found that there were significant opportunities to support community policing in leadership, policies, recruitment, training, supervision, and use of data. Columbus, OH: Richard led this recent project that identified the need for new positions, but more importantly, identified a number of areas which would improve the quality of service and integrity, including: • Steps to improve upon building trust in the community. • Changes to use of force policies and biased policing. • Increase training on de-escalation and procedural justice. • Increase the use of civilians in the field and in administration. There was a ‘disconnect’ between the policies and management. Ossining, NY: Richard led this just-completed engagement evaluating opportunities to reform policing consistent with 21st Century Policing concepts. Key recommendations included: • Improve the functioning, transparency and objectivity of the Citizen / Police Complaint Review Board. • Work with other agencies to create a mental health response unit. • Expand training in the areas of racism, bias, de-escalation. Role on This Engagement: Richard will serve as a project executive and advisor. He will be involved in all project stages, including on-site interviews and review meetings. He will lead product design and quality control. Relevant Clients: AZ AZ AB CA CA TX TX MO OH NY NY VA NM NC NC AZ WA OR Buckeye Peoria Edmonton Los Angeles San Francisco Austin Fort Worth Kansas City Columbus Ossining Albany Richmond Albuquerque Raleigh Asheville Phoenix Tacoma Portland Years of Consulting: 40 Education: BA, California State University, East Bay. PhD, Oxford University, U.K. Notable Accomplishments: Ohio Commission on Juvenile Justice Massachusetts Governor’s Committee on Local Government Professional Association: Association of Local Government Auditors International City-County Management Association Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 5 IAN BRADY VICE PRESIDENT, MATRIX CONSULTING GROUP Ian Brady is a Vice President with Matrix Consulting Group in our Police Services Practice. He leads our data analytics unit, and has over 10 years of consulting experience. Specializing in public safety, he works on all of our police, fire, corrections, and emergency communications studies. Mr. Brady is the lead developer on all of our statistical modeling and data analytics efforts, and has created standalone models in support of our studies’ analytical efforts, including for: • New agency formation feasibility, financial and service delivery (For nine municipalities in Riverside County, CA). • Growth forecasting using GIS-based projections for population, service needs, and staffing requirements. • Comprehensive workload and staffing analytics. • Interactive scheduling configuration, forecasting effects on service levels and overtime usage. Experience Highlights Los Angeles, CA: LAPD Basic Car Area Boundary Study • Led a comprehensive staffing study of LAPD field services. • Recreated the patrol geographic deployment structure from the granular level, resulting in 202 new patrol areas, up from the 168 that existed previously. • Analyzed patrol resource allocation strategies, recommending improved methods in order to better equalize service levels. San Francisco, CA: Police Department Staffing Analysis • Lead analyst on a comprehensive staffing study of the department. • The project was designed to create defensible methodologies for determining the staffing needs of all 600+ assignments in the department based on service needs and other factors. These methodologies were then used to recommend appropriate staffing levels in every position. • Developed and designed an interactive analytical tool for SFPD to use in the future to recreate the analysis in its entirety. Role on This Engagement: Ian will serve as the lead analyst in field services, as well as more generally over data analytics. He will be involved in all project stages, including on-site interview and review meetings, and will be involved in the development of each deliverable. Relevant Clients: AZ AZ AL CA CA CA CA CA CA CO FL FL GA HI IL IL KS MB MD MD MN MO MO OK NC NJ NM NY OH OR PA TX TX TX VA WA WI Buckeye Peoria Birmingham Berkeley Los Angeles Roseville Sacramento San Francisco San Jose Adams County Miami Beach Orange County DeKalb County Kauai County Lansing Rockford Wichita Winnipeg Harford County Howard County Hennepin County Columbia Kansas City Midwest City Raleigh Mahwah Rio Rancho Newburgh Columbus Portland Carlisle Austin Fort Worth Travis County Suffolk Tacoma Oshkosh Years of Experience: 10 Education: BS in Politics, Willamette University. Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 6 JOHN SCRUGGS MANAGER, MCG CONSULTING SOLUTIONS and MATRIX CONSULTING GROUP John Scruggs is a manager / analyst on law enforcement, public safety, and criminal justice engagements. John’s relevant experience include: • Completed over 50 studies for law enforcement, public safety, and criminal justice clients. • Analysis focuses on operational and staffing review, workload analysis, net annual work hour determination, and alternative scheduling analysis. • Expertise also includes the evaluation of administrative, dispatch, investigations, patrol, records, and property and evidence functions. • Retired Captain with 26 years of Law Enforcement Experience. Experience Highlights Kansas City, MO: This study evaluated the staffing needs of the Police Department. Key findings included: • Opportunity for greater fiscal savings by transitioning 30 positions from sworn to civilian staff, primarily in administrative areas (e.g. finance, records, fleet maintenance, security, IT, and HR). • Identified the need for additional positions related to open record requests, reviewing BWC footage, and packaging of officer videos for judicial proceedings. • Provided insight into alternative organizational structures and span of control in administrative functions. • Conducting workload analysis to determine staffing needs for non-patrol and investigative units. Kawartha Lakes, Ontario: John served as the lead analyst of the on this engagement which reviewed the current staffing and developed staffing projections for a facilities study. Key recommendations included: • Identified two patrol positions needed in the next 4 years and six positions over the next 20 years to better meet adopted proactive policing thresholds. • Identified a shortage of detectives assigned to investigate crimes committed at the Central East Correctional Center. • Identified an alternative fixed post staffing plan for the jail and a revised shift schedule to increase supervision in the jail. Role on This Engagement: He will be an analyst on the project. Relevant Clients: AL AZ AZ CA CA CA FL KS KS MA MN MO OR PA PA PA NC NC TX TX TX TX TX WA WA WI Gulf Shores Buckeye Peoria Los Angeles San Jose Santa Clara St. Cloud Kansas City Wyandotte County Yarmouth Hennepin County Kansas City Tigard Lower Saucon Narberth Upper Macungie Waxhaw Raleigh Denton Fort Worth Glen Heights Lewisville Sunnyvale Monroe Tacoma Dodge County Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 7 AARON BAGGARLY, AICP SENIOR MANAGER, MATRIX CONSULTING GROUP Aaron Baggarly is an analyst on law enforcement, public safety, and criminal justice engagements. Aaron’s relevant experience include: • Completed over 70 studies for law enforcement, public safety, and criminal justice clients. • Analysis focuses on operational and staffing review, workload analysis, net annual work hour determination, and alternative scheduling analysis. • Expertise also includes the evaluation of administrative, dispatch, patrol, records, and property and evidence functions. Experience Highlights Kansas City, MO: This study evaluated the staffing needs of the Police Department. Key findings included: • Opportunity for greater fiscal savings by transitioning 30 positions from sworn to civilian staff, primarily in administrative areas (e.g. finance, records, fleet maintenance, security, IT, and HR). • Identified the need for additional positions related to open record ruests, reviewing BWC footage, and packaging of officer videos for judicial proceedings. • Provided insight into alternative organizational structures and span of control in administrative functions. • Conducting workload analysis to determine staffing needs for non- patrol and investigative units. Puyallup, WA: Aaron served as the lead analyst on this engagement which reviewed the staffing, operational, and organization structure of the Police Department. Key recommendations included: • Identified an additional six patrol officer positions to better meet adopted proactive policing thresholds. • Revision to current approaches to providing in-service training to reduce overtime. • Identified an alternative fixed post staffing plan for the jail and a revised shift schedule to increase supervision in the jail. Role on This Engagement: He will be an analyst on the project. Relevant Clients: AZ FL FL IA IA KS MA MN MN MN MO MO NC TX TX TX WA WA WI WI Buckeye Alachua County Cooper City Davenport Scott County Wyandotte County Yarmouth Anoka County Hennepin County Ramsey County Clayton Kansas City Raleigh Fort Worth Kyle Lewisville Lynnwood Puyallup Dodge County Waukesha County Years of Experience: 13 Education: BS, Appalachian State University, Community and Regional Planning, Minor in GIS. Professional Association: American Institute of Certified Planners (AICP) American Planning Association Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 8 KELLI SHEFFER MANAGER, MCG CONSULTING SOLUTIONS and MATRIX CONSULTING GROUP Kelli Sheffer is a 30-year law enforcement veteran. 16-year command leadership with a progressive major metropolitan police agency. Extensive experience in; precinct operations, investigations, major events/protests, houselessness/mental health and neighborhood livability issues, background investigation/personnel recruitment, use of force review and policy. She is based in Payson, Arizona. Experience Highlights Kelli most recently worked for the City of Portland, Oregon as the Central Precinct Commander responsible for the oversight of all police response and operations in the downtown core and neighborhoods south and west of the city. • Lead for the Critical Incident Management Command Program- Training for Incident Command. • Oversight of the Service Coordination Team, a multi-disciplinary service response to houselessness, mental health, and addiction. • Commander, North Precinct • Commander, East Precincts • Commander, Traffic Division. • Public Information Officer • Hostage Negotiation Team Lead • Detective Sergeant • 20-year Defensive Tactics Instructor Camp Rosenbaum Board member (2010 – Present) Camp counselor and staff positions from 1994 to 2018. CRB is a summer camp started 48 years ago by the late Brigadier Gen. Fred M. Rosenbaum utilizing partnerships between police, Air/Army Guard and Housing authority to support and mentor underprivileged youth. DOJ, ICITAP (2010) Partnering to build curriculum and instruct Bangladesh National Police in modern policing and Community Policing philosophies Role on This Engagement: She will be an analyst on the project. . Bureau Positions: 2016-2018 Central & East Precinct Commander 2013-2016 Traffic Division Commander 2012-2013 North Precinct Commander/Captain 2010-2012 Chief’s Office Lieutenant • Adjunct to Operations Branch Chief • Public Information Officer 2007-2010 Lieutenant • East Precinct • Lieutenant/Hostage Negotiation Team Lead • Personnel Division 2003-2007 Sergeant • Precincts • HNT • Detectives 2000-2003 Detective • Robbery • Child Abuse Team 1990-2000 Officer • Precincts • Background Invest. /Recruitment Training/Education • Texas A&M All Hazard Unified Command • NTOA Command • HNT/CNT • Critical Incident Stress • Crisis Intervention • Major Event Management Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 1 7.2.4 Project Approach This section of the proposal illustrates our understanding of the project and the methodology for conducting the work. 1. Project Understanding Currently, the Town of Fountain Hills receives law enforcement services through a contract with the Maricopa County Sheriff’s Office. Full law enforcement services to the Town are provided through 30 sworn deputies plus assigned civilian staff. In addition to the core services of patrol and investigations, direct assignments include crime prevention, school resources, and coverage of the Town’s municipal court. In addition to these direct services, the Sheriff’s Office has a wide range of supporting services when needed (e.g., special investigations, tactical response, etc.). This study is designed to provide the Town with the ‘due diligence’ it needs to ensure the public that desired services are provided at the best price point. Other options could include contracting with another entity (such as Scottsdale) or the establishment of a municipal police department. Strengthening the current contract should also be considered. To accomplish this, a data-driven process is needed first to understand what current direct and indirect services are and what they cost. Once this established, alternatives need to be evaluated in their entirety to include comparative operating costs as well as capital and transitional steps and costs. 2. Methodology and Project Management We are known for the depth and insight of our analysis and our client responsiveness. We believe very strongly in the science of our craft. As a result, we approach each project utilizing the following techniques as a baseline: • Project Management: One critical success in conducting projects of this size and complexity in an efficient, timely, and effective approach to project management. The Matrix Consulting Group utilizes project management approaches that assures we have minimum impact on staff and their daily operations, while providing effective coordination of the project. Examples include the development of a project schedule in advance of formal project kickoff, distribution of a data Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 2 collection after understanding what data is available and coordinating onsite efforts well in advance. • Information Gathering: Equally important to the success of the project are the methods that we will use to collect, analyze, and present information in order to formulate findings and develop and assure acceptance of recommendations. The Matrix Consulting Group has developed a number of information-gathering tools and techniques that enable us to gather information efficiently and quickly. • Interaction: Continual communication between the client and project team is a critical component of this study. We will have on-going communication with the City’s project manager and steering committee related to project status and review of project deliverables. • Quality Control: Our project manager designs and personally reviews all interim and final products before they are delivered to the client. This is done to ensure a quality document and that all services and analytical efforts outlined in our proposal have been fully completed. • Implementation: Our projects result in implementable recommendations and solutions for our clients. We develop an implementation action plan that identifies the resources required for the implementation, degree of difficulty, and a time frame for successful implementation. Our approach to each project results in implementable recommendations, with approximately 85% of recommendations being implemented. 3. Task Plan Task 1 Project Initiation and Developing Our Baseline Understanding of the Law Enforcement Service Environment in Fountain Hills The purpose of this first task is to develop a thorough understanding of interest in alternative law enforcement and expectations for this work. Completion of this task will document current interest to evaluate and implement a law enforcement alternative. This task and will include: • Interview Town management and elected officials (if desired): – Attitudes toward current service levels and responsiveness of the MCSO. – Views toward service costs and recent changes to costs / cost structure. – Identification of views toward law enforcement services, including contracts with other communities (e.g., Scottsdale). Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 3 – Reach out to other potential service providers. • Make initial contact with representatives of the Maricopa County Sheriff’s Office. These interviews would discuss views toward law enforcement alternatives and recent changes in the MCSO. • Collect data on the contract services provided to the Town by the MCSO, including: – Community-generated calls for service (CFS) workloads by time of day and day of week; similarly, document officer-initiated workloads – Use of proactive time to work with the community to solve problems. – Crime rates and arrests (by type). – Field deployments. – Number of cases followed-up for investigations as well as outcomes. – Nature and scope of crime prevention programs currently provided. – All costs associated with law enforcement service delivery. – Current shared services with County areas. – Operating and capital costs and trends in costs. • We would hold a virtual Town Hall style meeting (or in person based on the Town’s wishes and health protocols at the time) to develop an understanding of the public on service delivery issues and alternatives. We would supplement opportunities for public input with an online portal. We will create a summary profile of the factual information we collect and establish through interviews. TASK RESULT The result of this task would be a final project work plan reflecting the project team’s updated understanding of the project and the evolution of service issues. We will also develop a descriptive profile of the services and costs of contract law enforcement in Fountain Hills. Task 2 Develop Assumptions for Use in the Analysis of Alternatives. The project team will review the results of the first task and develop an issues list and a set of service level and cost assumptions and objectives that can be employed as an independent basis for structuring and costing an alternative approach to law enforcement. Issue areas could include: • Field deployment levels and practices, including boundary drops for patrol. Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 4 • Proactivity targets. • Scope of prevention and community programming. • Level of investigative services, including assumptions about what is followed-up. • How support services should be handled. • How each alternative would be organized, staffed and costs allocated. • What facilities would be utilized? TASK RESULT An annotated list of appropriate assumptions for service delivery. The assumptions would be reviewed with the Town. Task 3 Identify the Resources Needed for Law Enforcement Services. The concept for this task is simple – create an alternative approach to law enforcement services either through a contract with another jurisdiction or create a municipal police department. Evaluating staff resource needs are largely identical for each alternative service based on workloads and service desires. As a result, in this task, the project team will develop an organizational and staffing plan for a new approach to law enforcement. In developing the analysis in this task, the project team will evaluate: • Utilizing the results of our research and interviews to develop a community policing philosophy and set of strategies. • The number of staff required to handle each function based on workloads, service level targets and geography. – Patrol, based on the assessment of calls for service, proactivity targets and service area characteristics. A deployment plan would be developed. – Investigations, based on crime patterns and effective case management approaches. – Special investigations and operations functions either on a shared or Town only basis. – Administrative and command staff, depending on the model selected. Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 5 TASK RESULT The product of this task will be an analysis of the staffing and organizational needs. The results of this analysis of staff resources would be reviewed with the Town. Task 4 Develop an Analysis of the Operating Costs Associated for with Each Alternative. It is critical to develop and evaluate the operating costs associated with the law enforcement alternatives at a level of detail sufficient for the Town to pursue the choice with a high level of confidence. As a result, we will structure and estimate the costs, as follows: • Summarize the number of line, supervisory and command staff required, by function and position in the service models. • Evaluate the costs associated with the staffing plan in the service models. • Develop the operating expenses by cost component for the service delivery alternatives. • We would identify the ‘indirect’ costs associated with operations and overhead charges. TASK RESULT The results of the above would be an operating budget for each alternative. The results of this analysis of operating costs would be reviewed with the Town. Task 5 Identify Transitional Issues That Would Need to Be Addressed. This work task will involve developing transitional strategies and issues associated with this new service concept (s). This would include: • Determining the types and number of vehicles and equipment needed. • How to transition service responsibility to the new service to ensure services are maintained, yet duplication minimized. Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 6 • What interim operational steps could be taken to move from the current approach to an alternative service delivery model. TASK RESULT The results of this task will be capital budget and transition plan for creating a new service approach for law enforcement. The results of this analysis of transitional elements and costs would be reviewed with the Town. Task 6 Provide the Results of the Law Enforcement Analysis With the completion of the previous tasks the project team will develop draft and final reports. The current versus the alternative approach(es) to law enforcement services would be analyzed in terms of the following: • How the service alternative(s) compares on a cost effectiveness basis to the current contract approach. • How the new service approach would be implemented. • The advantages and disadvantages of each approach. • Costs, both operating and transitional / start-up. • Identification of efficiencies in the current contract with the Maricopa County Sheriff’s Office based on the results of the alternative approach(es). Once the draft report has been reviewed by the cities we would be prepared to present the results to the Town in a public meeting. TASK RESULT The report on law enforcement service alternative(s) would be provided, including the service comparisons, cost-benefit analysis, description of advantages and disadvantages, reasons for recommending (or not), etc. Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 1 7.2.5 Schedule The table, below, graphically displays the tentative schedule to conduct the Financial Analysis – Law Enforcement for Fountain Hills The chart shows the sequencing of each proposed work task, the elapsed time it would take to complete each task. As can be seen from the chart, we are proposing that the study be completed in 20 weeks if all three cities participated. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Project Initiation Service Assumptions Shared Resource Needs Cost Analysis Transitional Issues Final Report Proposal for a Financial Analysis – Law Enforcement Fountain Hills, AZ Matrix Consulting Group Page 1 7.2.6 Pricing The Matrix Consulting Group is proposing to conduct the Financial Analysis – Law Enforcement for the City of Fountain Hills at a not-to-exceed cost of $79,000 as described in the following table: Project Manager VP/ Sr Managers Consultant Totals Project Initiation 8 32 8 48 Service Assumptions 8 32 4 44 Resource Needs 8 64 16 88 Cost Analysis 8 48 8 64 Transitional Issues 8 48 8 64 Final Report 16 72 16 104 Total Hours / Fees 56 296 52 412 Hourly Rate $225 $185 $125 Total Professional Fees $12,600 $54,600 $7,500 $74,700 Travel Expenses $4,300 Total Project Cost $79,000 Our usual practice is to invoice our clients monthly for time and materials up to the total project amount. We are also amenable to alternative invoicing arrangements.