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HomeMy WebLinkAboutC2022-043 - McGrath Consulting1 Contract No. 2022-043 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCGRATH CONSULTING GROUP, INC. 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 McGrath Consulting Group, Inc., a(n) Illinois corporation (the “Vendor”). RECITALS A. The Town issued a Request for Proposals, RFP No. 2022-006/Financial Analysis— Fire Department (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 Fire Department 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 $40,000, at the rates set forth in the Fee Proposal attached hereto as Exhibit B and incorporated herein by reference. The aggregate amount per renewal term shall not exceed $40,000 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 according to the timeline in Exhibit A, 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 $2,000,000 each claim and $2,000,000 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: McGrath Consulting Group, Inc. P.O. Box 190 Wonder Lake, Il. 60097 Attn: Ronald Moser 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. [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 15:29 MST) “Contractor” ____________________________________, By: Name: Title: McGrath Consulting Group, Inc., a(n) Illinois corporation Tim McGrath (Nov 5, 2021 10:30 CDT) Tim McGrath CEO Tim McGrath EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MCGRATH CONSULTING GROUP, INC. [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. 2022-006 Financial Analysis--Fire Department RESPONSE DEADLINE: October 28, 2021 at 3:00 pm Report Generated: Tuesday, November 2, 2021 McGrath Consulting Group Proposal CONTACT INFORMATION Company: McGrath Consulting Group Email: ron@mcgrathconsulting.com Contact: Ronald Moser Address: P.O. Box 190 Wonder Lake, IL 60097 Phone: N/A Website: www.mcgrathconsulting.com Submission Date: Oct 28, 2021 2:26 PM PROPOSAL DOCUMENT REPORT RFP No. 2022-006 Financial Analysis--Fire Department PROPOSAL DOCUMENT REPORT Request for Proposals - Financial Analysis--Fire Department 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. 2022-006 Financial Analysis--Fire Department PROPOSAL DOCUMENT REPORT Request for Proposals - Financial Analysis--Fire Department 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. 2022-006 Financial Analysis--Fire Department PROPOSAL DOCUMENT REPORT Request for Proposals - Financial Analysis--Fire Department 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 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. 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. PROPOSAL DOCUMENT REPORT RFP No. 2022-006 Financial Analysis--Fire Department PROPOSAL DOCUMENT REPORT Request for Proposals - Financial Analysis--Fire Department Page 5 Fountain_Hills_AZ_fire_FINANCIAL_ANALYSIS-FIRE_1.2_(1).pdfRequired_sections_within_the_proposal.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 --Fire Department. 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. Required_sections_within_the_proposal.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. 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. PROPOSAL DOCUMENT REPORT RFP No. 2022-006 Financial Analysis--Fire Department PROPOSAL DOCUMENT REPORT Request for Proposals - Financial Analysis--Fire Department Page 6 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. Required_sections_within_the_proposal.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. Required_sections_within_the_proposal.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 C. Proposed Kick-Off Meeting D. Phase I Report Due Date PROPOSAL DOCUMENT REPORT RFP No. 2022-006 Financial Analysis--Fire Department PROPOSAL DOCUMENT REPORT Request for Proposals - Financial Analysis--Fire Department Page 7 E. Phase I Report Presentation Date F. Phase II Implementation Start Date G. Project Completion Date Required_sections_within_the_proposal.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 DOCUMENT Pass Exhibit_C_Pricing_Fire.pdf Financial Analysis- Fire Department Operations Submitted By: McGrath Consulting Group Tim McGrath, Ph.D, Project Manager tim@mcgrathconsulting.com October 28, 2021 McGrath Consulting Group, Inc. ♦ PO Box 190 ♦ Wonder Lake, IL 60097 ♦ 815-728-9111 www.mcgrathconsulting.com Fountain Hills, Arizona – Financial Analysis – Fire Department Operations Page i October 28, 2021 Rob Durham, Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 Thank you for the opportunity to submit our qualifications to conduct a Financial Analysis – Fire Department Operations, for the Town of Fountain Hills. This proposal outlines our understanding of the project. Why should you choose McGrath Consulting Group for this Financial Analysis? We do not ask you to adapt to an off-the-shelf assessment. ❖ We find that each community has unique qualities, culture and needs. ❖ We work hard to understand your goals, community culture, departmental successes, and challenges so we can help you sustain and improve the fire department operations for the Town. Our consultants are highly qualified and nationally respected professionals: ❖ Our consultants have professional and consulting experience in all aspects of fire department operations and administration. We are experienced: ❖ After 21 years in business, we have over 350 clients in 39 states. Thus, we have assisted with a wide range of public sector challenges in the arena of public safety. Detailed information regarding our firm, consultants, methodology, and required information are presented within this proposal. As you review the proposal, if you have any questions or require additional information, please do not hesitate to ask. Sincerely, Tim McGrath, Ph.D. Tim McGrath, Ph.D Project Manager CEO of McGrath Consulting Group (authorized person to bind vendor) McGrath Consulting Group, Inc. P.O. Box 190 Wonder Lake, IL 60097 tim@mcgrathconsulting.com Corporate Office: (815) 728-9111 McGrath Consulting Group, Inc. ♦ PO Box 190 ♦ Wonder Lake, IL 60097 ♦ 815-728-9111 www.mcgrathconsulting.com Fountain Hills, Arizona – Financial Analysis – Fire Department Operations Page i TABLE OF CONTENTS Firm Profile ......................................................................................................................................... 4 Firm Expertise ............................................................................................................................................. 4 Scope of SERVICES .......................................................................................................................... 4 Assessment Strategy and Methodology ......................................................................................... 5 Project Orientation ...................................................................................................................................... 5 Data Gathering, Assessment, and Analysis ........................................................................................... 5 Tours & Work Observations .................................................................................................................. 5 Stakeholder Interviews .......................................................................................................................... 6 Data Analysis .......................................................................................................................................... 6 Reports and Presentation .......................................................................................................................... 6 Town of Fountain Hills Staff Time ................................................................................................... 6 Firm Capacity and Timeline .............................................................................................................. 6 Project Management and Key Consultant Team ............................................................................ 7 Tim McGrath, Ph.D., Principle/CEO, Project Manager .............................................................................. 8 Craig A. Haigh, Lead Fire Consultant ......................................................................................................... 8 Malayna Halvorson Maes, Lead Human Resources Consultant ................................................................ 9 Joseph M. Heim, Fire Consultant ............................................................................................................ 10 Staff Assignments and Additional Consultants .................................................................................... 10 References – Local Government Clients ...................................................................................... 11 Final Word ......................................................................................................................................... 11 Exhibit C: Pricing ............................................................................................................................. 11 Notice: ............................................................................................................................................... 11 McGrath Consulting Group, Inc. ♦ PO Box 190 ♦ Wonder Lake, IL 60097 ♦ 815-728-9111 www.mcgrathconsulting.com Fountain Hills, Arizona – Financial Analysis – Fire Department Operations Page 4 FIRM PROFILE McGrath Consulting Group, Inc. is an organization that specializes in public sector consulting predominately in the fields of law enforcement, fire, emergency medical services (EMS), communications and human resources. The principals of the company have over 50 years of public sector experience. We have two distinct divisions within the company: Public Safety – overseen by Dr. Tim McGrath and Human Resources – overseen by Dr. Victoria McGrath. We have found that having expertise in human resources is beneficial in public safety studies. Thus, the Fire/EMS and Police consultants have access to experts in human resources to address the unique laws and best practices governmental entities face with their human capital. FIRM EXPERTISE McGrath Consulting has been working with public-sector organizations of all types for the past 20 years. The Consultant’s assigned to this project have worked with McGrath Consulting on numerous fire service and public safety organizational studies and audits. SCOPE OF SERVICES Working with town administration and other stakeholders, we will conduct a financial analysis of fire department operations to determine if the town should renew the current contract with Rural Metro, seek an intergovernmental agreement (IGA) with another municipality, or establish its own in- house fire department. Our work for your organization will include a comprehensive study and cost analysis of all sections as described in section 2, including all subcategories, SCOPE OF WORK, in the town’s request for proposal. This work will be accomplished in a participatory environment whereby McGrath consultants engage and listen to the town administration and stakeholders, is sensitive to the unique qualities and needs of your town and develops a plan and walks you through the recommendations. Company Name McGrath Consulting Group Parent Organization McGrath Consulting Group, Inc. Established May 1, 2000 Years of Service 21 Type of Firm Private Corporation Illinois, USA Company Mailing Address P.O. Box 190 Wonder Lake, IL 60097 Company Physical Address 7614 Barnard Mill Rd Wonder Lake, IL 60097 Website www.mcgrathconsulting.com Chief Executive Officer and Authorized Representative Dr. Tim McGrath, Ph.D. Email Address tim@mcgrathconsulting.com Phone Number (815) 728-9111 Fax Number (815) 331-0215 Insurance State Farm: Auto, General Liability Travelers: Workers Compensation Accord: Professional Liability Chubb: Cyber Security Liability McGrath Consulting Group, Inc. ♦ PO Box 190 ♦ Wonder Lake, IL 60097 ♦ 815-728-9111 www.mcgrathconsulting.com Fountain Hills, Arizona – Financial Analysis – Fire Department Operations Page 5 ASSESSMENT STRATEGY AND METHODOLOGY Our methodology and approach are characterized by a systematic, logical series of tasks aimed at assuring thoroughness, consistency, and objectivity. Our goal is to meet the needs of your organization. Therefore, the proposal steps can be discussed and adjusted to meet the needs of the Town of Fountain Hills. The following is a visual summary of the project plan. A detailed methodology and work plan follows. PROJECT ORIENTATION The McGrath consulting team members will begin the project by conferring with the designated Project Manager for the town and other persons you designate. We will review the planned timeline and deliverables and confirm expectations from all partners. A clearly defined game plan will result in a successful solution for your organization. A list of information, data sets and documents needed will be requested prior to the first site visit. Based on our initial meeting with your team and the data and documents gathered, our team of consultants will schedule the onsite visits. DATA GATHERING, ASSESSMENT, AND ANALYSIS TOURS & WORK OBSERVATIONS Our consultant team may use tours of the jurisdiction, and other appropriate facilities in order to thoroughly understand fire department needs and current services in the town. Our team may also observe fire service personnel performing their duties, responding to calls, participating in training/drills, and other meetings/activities to understand the functional relationships, interactions and operations of the service provided by the contracting agency. Project Orientation•Confirmation of Scope of Work and Expectations of the Town •Confirm Timeline •Schedule initial Stakeholder Meetings •Collect Contract and Town data and documents Data Gathering, Assessment, Analysis •Onsite Tours and Observations •Stakeholder Interviews •Data Analysis and Assessment Reports and Presentation•Prepare Report of Findings/ Recommendations •Presentation of Findings/ Recommendations •Implementation McGrath Consulting Group, Inc. ♦ PO Box 190 ♦ Wonder Lake, IL 60097 ♦ 815-728-9111 www.mcgrathconsulting.com Fountain Hills, Arizona – Financial Analysis – Fire Department Operations Page 6 STAKEHOLDER INTERVIEWS We will conduct individual interviews, to gather the most comprehensive information. ❖ In-depth, individual interviews with appropriate town officials. ❖ Individual interviews with contracting agency personnel. ❖ Individual interviews with other local fire agencies. DATA ANALYSIS Significant time will be spent both on-site and off-site reviewing documents from the targeted areas and analyzing gathered data, interview results, and fire service metrics and statistics. REPORTS AND PRESENTATION During the final phase of the project, progress summaries and issued discovered will be developed and provided to the town’s project manager. The draft report will then be developed which will provide an overview of identified issues and recommendations for changes. The consultants will help prioritize the recommendations and lay out an implementation plan. Consulting team members will confer via conference call, video conferencing, or other means with the town’s project manager and other identified officials to review and address questions and concerns from the report. After appropriate modifications are made, the final report will be provided to the town project manager. McGrath consultants are available to confer with any stakeholders to address questions again via conference call, video conferencing, etc. TOWN OF FOUNTAIN HILLS STAFF TIME Since we work closely with our clients, support on this project is critical but not intrusive. Initially, a list of items required for analysis or understanding is submitted to a designated person. Further, assistance is requested in setting up interviews with individuals within the town and service providers, and/or providing contact information. Additionally, support is needed to answer questions or address questions/concerns/issues of the consulting team. These are usually completed through telephone or email conversations. FIRM CAPACITY AND TIMELINE The consultants can begin the project immediately upon contract execution. We would anticipate the draft report to be completed within 120 days thereafter. Factors that can impact the timeline include town administration and employee availability for meetings and interview as well as timely receipt of requested data. McGrath Consulting Group, Inc. ♦ PO Box 190 ♦ Wonder Lake, IL 60097 ♦ 815-728-9111 www.mcgrathconsulting.com Fountain Hills, Arizona – Financial Analysis – Fire Department Operations Page 7 Activity Month 1 Month 2 Month 3 Month 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Data Request to Client (allow 2-3 weeks) Project orientation/planning Onsite Visit (Data Review on Site, Stakeholder Interviews, On-site Assessments Tours, Data Analysis) Virtual Interviews not conducted onsite Assessment and Analysis Provide Draft Reports for Town review Address questions/concerns Submit Final Report PROJECT MANAGEMENT AND KEY CONSULTANT TEAM All consultants are McGrath consultants. There is no subcontracting. The Consultants were selected for this project based upon their areas of expertise, specialties, and related project experience. We operate under the philosophy of total team involvement and each team member has experience in all facets of project work and will work together to meet the goals of your project. Further, we have the flexibility to involve other consultants with our organization to bring their unique perspective and expertise as needed. Primary members of the team for the Town of Fountain Hills are provided. Dr. Tim McGrath Principle Project Manager Craig A. Haigh Lead Fire Consultant Joseph Heim Fire Consultant Malayna Halvorson Maes Lead HR Consultant McGrath Consulting Group, Inc. ♦ PO Box 190 ♦ Wonder Lake, IL 60097 ♦ 815-728-9111 www.mcgrathconsulting.com Fountain Hills, Arizona – Financial Analysis – Fire Department Operations Page 8 TIM MCGRATH, PH.D., PRINCIPLE/CEO, PROJECT MANAGER As CEO of McGrath Consulting Group, Inc. Dr. Tim McGrath is the visionary of the organization. His 33 years of experience in Fire and EMS as well as his ability to develop innovative solutions makes McGrath Consulting different than other firms. Dr. McGrath started his career as a volunteer firefighter and went through the transition of an informal group of civic minded individuals to an integral department within the Village of Gurnee, IL. During his tenure with Gurnee, the Village rapidly grew from a small bedroom community to one that hosts a Six Flag Great America, and at the time, the world’s largest shopping center – 2.2 million square feet under one roof. Dr. McGrath was in administrative positions during both of the ventures, so he understands the opportunities and challenges growth brings to the fire service. Dr. McGrath was part of the first paramedic pilot program in the State of Illinois. Through his leadership, he brought in the first non-education-based paramedic training program in the City of Brookfield fire department. Thus, the City of Brookfield Fire Department became a profit center training all paramedic personnel for Waukesha County, WI. Dr. McGrath’s passion is in consolidation of services. This can entail a wide range of relationships from simply sharing resources to full consolidation and integration of services. Thus, conducting an analysis of each department, Dr. McGrath is able to identify the areas for greater cooperative efforts that continue to provide quality services in a cost-efficient manner. Through his experience and innovative mind set, Dr. McGrath is able to identify and address key issues – current and future. It is through this combination of education and work experience, as well as working with over 170 organizations in 39 states, he brings a vast amount of first-hand knowledge to the assessment of emergency services. Education • Ph. D – Administrative Management, Walden University o Dissertation: Attitudes on Consolidation in the Fire Service • Master of Arts – Public Administration & Management, Webster University • Bachelor of Science – Industrial Education College, University of Arizona – Stout • Associate Degree – Fire Science Technology, College of Lake County CRAIG A. HAIGH, LEAD FIRE CONSULTANT Craig A. Haigh began his fire service career in 1983 as a volunteer in his hometown of Hampton (IL). He served as Hampton’s volunteer fire chief from 1991 – 1995. During that time, he developed and implemented their EMT-Intermediate/Advanced EMT program. In 1988 he was hired full time as a firefighter with the City of Rock Island (IL) Fire Department. He ultimately was appointed as their first EMS Coordinator and as such developed and implemented the department’s paramedic program. He left Hampton and Rock Island in 1995 to become the first paid fire chief of the King (NC) Volunteer Fire Department. There he was tasked with transitioning the all volunteer department into a combination agency (volunteer and paid employees). While in King he served as the primary architect responsible for merging the independent volunteer department into the City of King making it a municipal government agency. He returned to Illinois in 2002 to serve as Fire Chief/Director of Emergency Management for the Village of Hanover Park. He was the 2012 Illinois Career Fire Chief of the Year. McGrath Consulting Group, Inc. ♦ PO Box 190 ♦ Wonder Lake, IL 60097 ♦ 815-728-9111 www.mcgrathconsulting.com Fountain Hills, Arizona – Financial Analysis – Fire Department Operations Page 9 Chief Haigh also works as a Field Staff Instructor with the University of Illinois Fire Service Institute (IFSI) where he has been since 1995. In his work at the University of Illinois he is a regular partner with IFSI Research and Skidmore College First Responder Health and Safety Laboratory. He is the recipient of the 2019 International Association of Fire Chiefs - Chief Alan Brunacini Executive Safety Award given for his work in developing operational practices based on scientific research in an effort to reduce firefighter deaths and injuries due to cardiovascular/medical events. In addition to his duties as Hanover Park’s Fire Chief/Director of Emergency Management, Chief Haigh has served as the Interim Village Manager and was also tasked with the creation of the Inspectional Services Division. This new division merged fire prevention, the building department, and the health department into a single agency under the control of the fire department. He also created, implemented, and has managed the Village’s strategic planning program. Chief Haigh retired in July 2021 from full time service as a firefighter and now serves as a consultant focusing on management and organizational leadership. He presents and speaks internationally. Education • Master of Science – Executive Fire Service Leadership, Grand Canyon University • Bachelor of Science – Fire and Safety Engineering • Executive Fire Officer – United States National Fire Academy Certifications • Natioanlly Certified Paramedic • Accredited Chief Fire Officer, Center for Public Safety Excellence • Member of the Institute of Fire Engineers MALAYNA HALVORSON MAES, LEAD HUMAN RESOURCES CONSULTANT Malayna Halvorson Maes has served as a human resource professional in both the private and public sectors for over 20 years. She worked previously in health care human resources, then as the Human Resources Director and senior advisor for a large county in northwestern Arizona. Thus, she has direct experience with the many challenges facing municipal employers. As a former Arizona Human Resources Director, she is knowledgeable of all facets of local government, including law enforcement. She has been active in a number of professional organizations and takes an active role in defining the profession. During her tenure in governmental human resources, Ms. Maes was a member and senior advisor to the organization’s executive leadership team. She was responsible for the direction of all human resources functions, which included the coordination and execution of executive level and director level searches for the organization. Ms. Maes is a human resources member of the consulting team for police operational st udies and audits and serves on the consulting team for police and fire executive leadership recruitments. She is also the primary compensation consultant for the City of Marshfield, WI. Education  Bachelor of Arts– Psychology, Luther College, Decorah, IA McGrath Consulting Group, Inc. ♦ PO Box 190 ♦ Wonder Lake, IL 60097 ♦ 815-728-9111 www.mcgrathconsulting.com Fountain Hills, Arizona – Financial Analysis – Fire Department Operations Page 10 Certification  Certified Compensation Professional (in process) JOSEPH M. HEIM, FIRE CONSULTANT Joseph M. Heim began his fire service career in 1993 as a volunteer in East Dubuque, Illinois. He has served as the East Dubuque Fire Chief since 2001. During his time as fire chief, he has implemented a multi-term strategic planning process, moved to promotional assessment center testing for volunteer officer selection/promotion, implemented a paramedic ambulance transport program and developed a live-burn training facility. Chief Heim was hired in 2001 as a career firefighter with the Rock Island Arsenal Fire & Emergency Services progressing. He currently serves as Fire Chief. Chief Heim held positions within as training officer and as deputy fire chief prior to his promotion to the fire chief position. Chief Heim is an expert in managing non-military department of defense fire departments with Rock Island Arsenal being one of only two world wide that provide paramedic level transport services. Chief Heim also works as a Field Staff Instructor for the University of Illinois Fire Service Institute. Education • Associates Degree – Fire Science, Columbia Southern University • Bachelors – Fire Administration, Columbia Southern University Certifications • Accredited Chief Fire Officer, Center for Public Safety Excellence. Our team for this project includes highly qualified fire service experts and human resources consultants with diverse professional backgrounds. Additional consultants from our firm may be called upon to assist based on their subject matter expertise. STAFF ASSIGNMENTS AND ADDITIONAL CONSULTANTS All consultants will be dedicated to the project throughout the duration. McGrath Consulting Group, Inc. can access approximately 27 staff members (principals, consultants, and support staff) that may be used on any assessment depending on the area of expertise required. McGrath Consulting Group, Inc. ♦ PO Box 190 ♦ Wonder Lake, IL 60097 ♦ 815-728-9111 www.mcgrathconsulting.com Fountain Hills, Arizona – Financial Analysis – Fire Department Operations Page 11 REFERENCES – LOCAL GOVERNMENT CLIENTS Our firm specializes in working with mid-sized fire service agencies. The following references are listed and can be contacted. The complete listing of our clients may be viewed on our website at www.mcgrathconsulting.com. Skagway, Alaska Fire Department Audit Project Manager: Brad Ryan, Borough Manager Phone/Email: (907) 612-1788 manager@skagway.org Comprehensive audit of all department operations including assistance/recommendations related to organizational structure reorganization and realignment. Recommendations are the implementation process. An time-and-materials contract extension has been awarded to McGrath Consulting Group for ongoing assistance during the reorganization process. Amboy Fire Protection District, Illinois Employee Handbook/Standard Operating Guidelines/Strategic Planning Project Manager: Jeff Bryant, Fire Chief Phone/Email: (815) 994-6184 jbryant9962@gmail.com Developed the department’s employee handbook along with all personnel policies. Created the department’s standard operating guidelines as well as the department’s strategic plan. All aspects of these documents have been updated in a continued relationship with McGrath Consulting Group. City of O’Fallon, IL Multiple Projects Project Manager: Ms. Pamala Funk, Assistant City Administrator Ret. Phone/Email: (618) 971-8662 email: pamalafunk@charter.net Comprehensive fire department audit and master plan; fire station location master plan; executive search Fire Chief; master plan EMS (3rd service). FINAL WORD This proposal outlines our methodology to meet your needs. We will work with you and your staff to conduct an assessment that fits the requirements of the Town of Fountain Hills. Thank you for the opportunity to be of service. Please feel free to contact us if you have any questions regarding this proposal. EXHIBIT C: PRICING NOTICE: As of the submittal of this proposal there are no addendums issued. Our firm does acknowledge receipt of 60-day completion waiver requirement. All required sections in the Request for Proposal issued by the Town of Fountain Hills are contained within our Proposal. McGrath Consulting Group All required sections in the Request for Proposal issued by the Town of Fountain Hills are contained within our Proposal. McGrath Consulting Group All required sections in the Request for Proposal issued by the Town of Fountain Hills are contained within our Proposal. McGrath Consulting Group All required sections in the Request for Proposal issued by the Town of Fountain Hills are contained within our Proposal. McGrath Consulting Group All required sections in the Request for Proposal issued by the Town of Fountain Hills are contained within our Proposal. McGrath Consulting Group EXHIBIT C PRICING: TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND McGRATH CONSULTING GROUP (Fee Proposal) By submission of the proposal, McGrath Consulting shows its intention to accept and contract with the Town of Fountain Hills, Arizona. The fees listed below includes consulting professional fees and administrative costs. Travel expenses are billed separately. Financial Analysis-Fire Department: $34,892.00 TERMS OF PAYMENT Payment will be made in three (3) installments: $8,723 upon completion of the signed contract; $17,446 upon submission of the draft report; and $8,723 plus travel costs upon submission of the final report. All invoices are due within 30 days of receipt. Proposal cost is good for a minimum of 90 days from October 28, 2021. Dr. Tim McGrath is the individual with the authority to negotiate and contractually bind McGrath Consulting in any type of negotiations and contracts. THE FOLLOWING PRICING IS DISCOUNTED BY $4,290.00 IF THE FIRM OF McGRATH CONSULTING GROUP IS CONTRACTED FOR BOTH POLICE AND FIRE-FINANCIAL ANALYSIS By submission of the proposal, McGrath Consulting shows its intention to accept and contract with the Town of Fountain Hills, Arizona. The fees listed below includes consulting professional fees and administrative costs. Travel expenses are billed separately. Financial Analysis-Fire Department: $30,602.00 TERMS OF PAYMENT Payment will be made in three (3) installments: $7,651 upon completion of the signed contract; $15,300 upon submission of the draft report; and $7,651 plus travel costs upon submission of the final report. All invoices are due within 30 days of receipt. Proposal cost is good for a minimum of 90 days from October 28, 2021. Dr. Tim McGrath is the individual with the authority to negotiate and contractually bind McGrath Consulting in any type of negotiations and contracts.