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HomeMy WebLinkAboutRes 21-15 Approving the Matrix Group to conduct a Fire/EMS feasibility studyTOWN OF WESTLAKE RESOLUTION NO. 21-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A PROPOSAL TO DEVELOP A FEASIBILITY REPORT WITH MATRIX CONSULTING GROUP FOR CONSOLIDATED FULL-TIME FIRE PROTECTION/PREVENTION AND EMERGENCY MEDICAL SERVICES AND AUTHORIZING THE TOWN MANAGER TO EXECUTE ALL CONTRACT DOCUMENTS RELATING THERETO ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS WHEREAS, it has been determined by the Town Council of the Town of Westlake; Texas that it is in the best interest of the health, safety and general welfare of the people of the Town of Westlake to initiate a feasibility study for consolidated fire protection/prevention and emergency medical services with the City of Keller; and, WHEREAS, Town staff recommends the Matrix Consulting Group for the development of the feasibility report; and WHEREAS, the cost of the feasibility report will be shared equally between the Town of Westlake and the City of Keller; WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, the above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2: That the Town of Westlake Town Council, Texas hereby approves the proposal to develop a feasibility report by Matrix Consulting Group, attached as Exhibit "A" for consolidated full-time fire protection/prevention and emergency medical services; for the cost of the report to be shared equally between the two localities; and authorizes the Town Manager to execute all contract documents, attached as Exhibit "B" relating thereto on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall. for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 21-15 Page 1 of SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 26"' DAY OF APRIL 2021. ATTEST: Todd Wood, Town Secretary APPROVED AS TO FORM: dix.411 Q L. Stanton Lowry, Town Attorney Laura Wheat, Mayor AXOP-& LAa4i, Amanda DeGan, Town Manager Resolution. 21-1 5 Page 2 of AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES TO THE CITY OF KELLER AND THE TOWN OF WESTLAKE, TEXAS Matrix Consulting Group THIS AGREEMENT, entered into this 26th Day of April, 2021 and effective immediately by and between Matrix Consulting Group (hereinafter called the "CONSULTANT" and the City of Keller and the Town of Westlake, Texas (hereinafter called "KELLER AND WESTLAKE"), WITNESSETH THAT, WHEREAS, KELLER AND WESTLAKE desire to engage the CONSULTANT to Conduct a Fire Service Feasibility Report. NOW, THEREFORE, the parties hereto mutually agree as follows: (1) Employment of Consultant. KELLER AND WESTLAKE agree to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services described in CONSULTANT'S Proposal dated April 16, 2021 and incorporated into this Agreement as Attachment A. (2) Time of Performance. All services to be performed hereunder by the CONSULTANT shall be completed within 180 days of the project start date, unless this Agreement is terminated earlier as provided for herein. (3) Compensation. The KELLER AND WESTLAKE agree to pay the CONSULTANT a sum not to exceed $32,500. CONSULTANT agrees to complete the project and all services provided herein for said sum. (4) Method of Payment. The CONSULTANT shall bill monthly for hours completed to date as described in CONSULTANT'S Price Proposal. Total payments shall not exceed the amount shown in (3), above. KELLER AND WESTLAKE shall pay invoices within thirty (30) days of receipt. (5) Changes. KELLER AND WESTLAKE may, from time to time require changes in the scope of services of the CONSULTANT to be performed hereunder. Such changes, which are mutually agreed upon by and between KELLER AND WESTLAKE and the CONSULTANT, shall be incorporated in written amendment to this Agreement. (6) Services and Materials to be Furnished. KELLER AND WESTLAKE shall furnish the CONSULTANT with all available necessary information, data, and material pertinent to the execution of this Agreement. KELLER AND WESTLAKE shall cooperate with the CONSULTANT in carrying out the work herein and shall provide adequate staff for liaison with the CONSULTANT. Professional Services Agreement Page 1 (7) Termination of Agreement. If, for any cause, the CONSULTANT shall fail to fulfill in timely and proper manner his obligation under this agreement, KELLER AND WESTLAKE shall thereupon have the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. (8) Records and Inspections. CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of one year after the completion of the project. KELLER AND WESTLAKE shall have free access at all proper times to such records, and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings, and activities. (9) Completeness of Contract. This contract and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. (10) Hold Harmless. Each party shall be responsible for its own acts and will be responsible for all damages, costs, fees and expenses which arise out of the performance of this Agreement and which are due to that party's own negligence, tortious acts and other unlawful conduct and the negligence, tortious action and other unlawful conduct of its respective agents, officers and employees. (11) Insurance. Consultant agrees to maintain insurance during the term of this Agreement: for comprehensive general liability in the amount of $2,000,000 per occurrence and $4,000,000 in aggregate; automobile liability insurance in the amount of $1,000,000; workers' compensation insurance in the amount of $1,000,000 and professional liability in the amount of $1,000,000 per occurrence and $3,000,000 in aggregate. CONSULTANT shall provide KELLER AND WESTLAKE with an insurance certificate which names the KELLER AND WESTLAKE as an additionally insured. (12) Assignability. The parties hereby agree that Consultant may not assign, convey or transfer its interest, rights and duties in this Agreement without the prior written consent of KELLER AND WESTLAKE. (13) Notices. Any notices, bills, invoices, or reports required by this Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the addresses noted below: Mark Hafner, City Manager City of Keller 1100 Bear Creek Parkway Keller, TX 76248 Amanda DeGan, Town Manager Town of Westlake 1500 Solana Blvd. Westlake, TX 76262 Richard P. Brady, President Matrix Consulting Group 1650 S Amphlett Blvd., #213 San Mateo, CA 94402 Professional Services Agreement Page 2 IN WITNESS WHEREOF, KELLER AND WESTLAKE and the CONSULTANT have executed this agreement as of the date first written above. CITY OF KELL TEXAS By: Mark Hafner, City Manager Date: TOWN OF WESTLAKE, TEXAS By: A'6�7-4�& L 7� - Amanda DeGan, Town Manager Date: MATRIX CONSULTING GROUP By: A� 5 Rickard P. Brady, resident Date: 5-7-21 Professional Services Agreement Page 3 Proposal to Develop a Feasibility Report CITY OF KELLER AND TOWN OF WESTLAKE, TEXAS April 16, 2021 Resolution 21-15 Exhibit "A" Table of Contents Letter of Transmittal i 1 Work Plan 1 2 Qualifications 20 3 Pricing 29 April 16, 2021 Mark Hafner City Manager City of Keller 1100 Bear Creek Parkway Keller, TX 76248 Dear Mr. Hafner: The Matrix Consulting Group is pleased to provide you with our revised proposal to conduct a Fire Service Feasibility Study for the City of Keller and Town of Westlake. This proposal is based on our telephone conversation, interview meeting, knowledge of the communities and background research on the City Fire Rescue Department and Town Fire-EMS Department. A review of our services, experience, and qualifications will show that the Matrix Consulting Group is highly qualified because of its extensive experience evaluating fire staffing, operations, organization and management, throughout the United States in over 400 fire services studies. Many of these studies have been in the State of Texas, as shown in the following list: Albany, California Davenport, Iowa Palo Pinto County, Texas Anchorage, Alaska Dinuba, California Plano, Texas Athens, Texas Fort Lauderdale, Florida Reno, Nevada Bellingham, Washington Glenview, Illinois San Antonio, Texas Big Bear, California Hoboken, New Jersey Schertz, Texas Billerica, Massachusetts Los Banos, California Southlake, Texas Boston, Massachusetts New Rochelle, New York Westport, Connecticut We are also currently completing Fire Studies in Highland Beach (FL) and Columbus (OH). All of the staff for our proposed team are extremely experienced, having themselves conducted up to hundreds of fire service studies. As the President of the firm, with 40 years of public safety analytical experience, I would be assisted by a highly qualified team of staff consultants: mat rix consulting group • Robert Finn, a Senior Manager with over 9 years of consulting experience, who served as the Chief of the Southlake (TX) Department of Public Safety. • Terry Lewis, a Senior Consultant, who has been a fire consultant for over 7 years. He also has experience at all levels of the fire service, including as Chief of the Henderson, KY Fire Department. • Ryan Peterson, a Consultant with the firm that specializes in GIS analysis and the deployment options for properly locating fire stations. Our reputation in the consulting industry is as a ‘fact-based’ firm which has developed leading-edge models for the assessment of staffing and deployment needs as well as planning future needs. This analytical foundation is closely allied with our emphasis on extensive input and interaction with our clients throughout our projects. If you have any questions, please do not hesitate to 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 Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 1 1 Work Plan This section of the proposal illustrates our understanding of the project and the workplan to develop the Feasibility Report. 1. Project Understanding The City of Keller and Town of Westlake are seeking the services of a qualified consultant to identify efficiencies that could be realized through enhanced cooperative efforts between the City and Town Fire Departments. Specifically, the study will: • Develop baseline evaluations of each agency against industry best practices. • Evaluate the service delivery and performance of each agency. • Review and evaluate the support programs of each agency. • Evaluate the planning practices of each agency. • Detailed fiscal analysis of each agency. • Evaluation of efficiencies gained through changes to station response boundaries. • Developing partnering strategies for forming a Joint Powers Authority or Shared Services Model. • Develop equitable cost sharing strategies based on service needs. Keller Fire Rescue (KFR) is a career department that provides services from three fire stations located in the City. The Department staffs one aerial ladder, two engines and two mobile intensive care unit (MICU) ambulances daily. KFR serves a city of approximately 47,213 residents in an 18.5 square mile area according to 2019 United States Census estimates. The City enjoys a mix a residential and commercial occupancies with limited light industrial areas. Westlake Fire-EMS (WFD) is a combination department staffed with a mix of full-time career Firefighter/Paramedics and part-time Firefighter/Paramedics that provide Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 2 services to the Town from a single fire station. Daily staffing is five personnel that staff an engine and MICU ambulance. WFD serves a Town of approximately 1,709 residents in a 6.9 square mile area according to 2019 United States Census estimates. The Town is comprised of high end residential housing and several large corporate campuses with small commercial areas. 2. Project Scope of Work This section of the proposal illustrates how we will address the scope of work for this project. The Project Manager/Lead Analyst is responsible for ensuring each of the major tasks are completed according to the established project timeline. Staff from the agencies will be needed during tasks to assist with gathering data and setting up interviews required for the project as well as reviewing interim deliverables at the end of each task. 3. Task Plan Task 1 Project Initiation To fully meet the core requirements of conducting this study – including evaluating current operating environment as well as short term and long-range needs and feasibility of consolidation among the communities – the project team will need to develop an in- depth understanding of attitudes towards existing service levels and the unique characteristics of programs and community protection needs in each of the service areas. To provide this level of understanding, the project team will accomplish the following: • Interview the Keller City Manager, Westlake Town Manager, mayors and other elected officials in the municipalities. • Interview the leadership and staff of the fire agencies to obtain an initial understanding of the organization, major goals and recent trends as well as satisfaction with and improvement opportunities with current efforts at shared services. • Interview other regional stakeholders identified who are critical in developing strong background knowledge for the study, including finance, community planning, human resources, medical director and the like. Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 3 • Initial interviews will focus on determining individual attitudes toward current fire protection and EMS service levels, programs, and community protection needs, including the following: – How services are currently funded – Adequacy of current funding levels and long-term funding needs. – Adequacy of existing service levels (e.g., response times, call results, etc.). – Any changes planned for staffing levels or in the next five years. – How any regional services are currently provided between the agencies. – Issues regarding inter-relationships among other regional departments. – How current budgeting and financial reporting. – Growth projections over the next five years in each service area. • We will also collect basic documents which "define" each fire agency internally and externally (e.g., budgets, financial plans, goals and objectives, policies and procedures, mission statements, overcall service trends, loss statistics, past studies, community plans, zoning maps, inventories, etc.). TASK RESULT Based on the results of these interviews and initial data collection, the project team will prepare an internal project team memo, which clearly develops the primary tasks to be performed, the persons responsible, a timeline and the potential obstacles discovered. Task 2 Develop a Descriptive Profile of the Fire Departments In order to further our understanding of service delivery and service objectives of the agencies involved in this study, the project team will collect a variety of data from each fire agency to develop a descriptive profile of current operations, staffing, station locations, apparatus and deployment plans. This analysis will allow the project team to provide our factual understanding of the current staffing, finances and how services are provided by each agency to their community. During this assessment we will also examine the current demand for services and workload by station response area and apparatus. We will collect and summarize the following information: • Basic descriptive information such as: Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 4 - Organizational charts for each agency. - Strategic or master planning documents. - Any annual reports. - Past or current emergency service studies or research. - Station and other facility locations. - Apparatus and vehicle inventories. - Capital assets owned by each agency. - Deployment plans. • Primary administrative documents including: - Standard Operating Guidelines (SOG’s), policies and procedures. - Mutual or automatic aid agreements. - Community planning documents, including future land use information. - Local census and demographic data. - Local Geographic Information Systems (GIS) data. - Financial data: current and recent budgets (3 years), long-range plans, projections, capital improvement programs and debt. - Current fee schedules and charges for services • Information about personnel including: - Number of personnel by rank and classification, including part-time. - Authorized versus actual staffing and numbers. • Summary of staff roles and responsibilities: - Staff schedules. - Pay plans, fringe benefit descriptions and costs. - Actual use of leave by classification. - Actual use of overtime by classification. - Training and certifications of each member, including fire status, EMS training status and certifications, hazardous materials, technical rescue. • Descriptive information about workload, call handling and performance from records management, NFIRS and CAD records including: - Calls for service by type. - Calls for service by time of day and day of week. - Calls by unit. Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 5 - Dispatch processing time. - Reflex time. - Travel times. - Total scene times. • Training approaches: - Fire and EMS in-service training. - Targeted levels of training by person and by classification. - Use of dedicated or on-shift personnel for delivering training. • Fire Prevention records related to inspections, code enforcement, public education, fire investigations and plan reviews. • Current PSAP and dispatch provider(s) and related communications infrastructure. TASK RESULT This task will conclude in an interim project report showing the current factual understanding of each agency. Task 3 Conduct a Baseline Overview of Each Fire Agency. Once the profile has been reviewed for accuracy, the project team will have the database to conduct a baseline overview of each fire agency. This evaluation will include evaluation and overview of the following components: (1) Organizational Review An organizational review of each agency will be developed to provide a general description of the community served and each agency. This overview will include information such as: • Service area, population, geography and demographics. • History, formation and general description of each agency. • Current service delivery infrastructure. Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 6 • Governance, foundational policies and lines of authority. • Organizational design. • Operating budget, funding, fees, taxation and financial resources. (2) Management Review The basic management components and processes of each organization will be reviewed to determine the overall mission, vision and goals for each agency and how those fit into the current response system. This will allow an assessment of how each agency is managed against best management practices. During this task, we will also review: • Mission, vision, strategic planning, goals and objectives. • How management conducts assessments of internal critical issues. • How future challenges are identified, assessed and planned. The full assessment of internal issues affecting each agency and how critical issues, future challenges and internal and external communication occur will be an important focus on the evaluation of management components. (3) Capital Asset and Capital Improvement Program Review The asset base in facilities and equipment will be reviewed and evaluated for each community. The relative condition and viability for continued use will be noted, to allow proper planning for future service delivery. The current Capital Improvement Plans for the replacement of capital assets will also be reviewed. (3.1) Facilities Stations and facilities will be evaluated based on their design and construction and how that relates to the ability of personnel to meet established performance standards. Overall, each station and facility will be observed to ensure that: • It offers a safe place for employees to operate. • It is compliant with codes. Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 7 • It provides adequate facilities for employees to perform their required duties. • It is viable for conducting future operations. • General location in relation to the risks in the service area is appropriate. • Ability to accommodate additional personnel, apparatus and equipment. (3.2) Apparatus / Vehicles The apparatus and vehicles owned and operated by the agencies will be examined and an inventory list of existing apparatus and vehicles developed. The apparatus list will include: • Type of apparatus • Age and mileage/hours of operation • Condition and current service status • National Fire Protection Association (NFPA) compliance • Current replacement plans in place The future needs of each agency’s service area will also be examined to determine if the current apparatus and vehicles will meet these needs. (4) Staffing and Personnel Management The staff resources and personnel management systems of each agency will be reviewed and evaluated to determine the current levels of administrative, support and operational position staffing levels. Critical staffing functions will also be examined to determine: • How staff are distributed and deployed. • How the utilization of companies is achieved. • What human resource policies and procedures have been developed and whether any gaps exist. Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 8 • What types of personnel reports and record keeping systems are utilized in the agencies. Is there consistency or redundancy in the current systems? • What are the current systems for recruiting, hiring and retaining personnel? • What are the current compensation and benefit packages for employees at each level of the organization? This information is not only critical from the perspective of understanding current descriptive information but also setting the stage for future alternatives. (5) Service Delivery and Performance The service levels and performance of each of the agencies will be evaluated individually as well as when operating as part of the larger regional response system. Both fire and emergency medical response capabilities will be analyzed. (5.1) Demand The Computer Aided Dispatch (CAD) records and Records Management System (RMS) reports will be utilized to determine the current demand for services in each service area and in the fire incident response system area. Each service provider will be analyzed by incident type, as well as time of day and day of week service demands. Calls will be analyzed to determine: • Call Type • Call location • Call frequency The project team will also conduct a basic risk assessment of the communities served to determine if training, fire flows and staffing levels are able to adequately address risks. The service demands will be displayed geographically for each agency and the overall study area in the form of an ArcView GIS spatial analyst maps. The following map serves as an example of a demand map: Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 9 (5.2) Distribution The study of distribution involves locating first-due resources geographically to assure rapid deployment in minimizing and terminating emergency incidents. Existing facilities in the service area will be analyzed through the ArcView GIS software to determine the predicted effectiveness of first-due personnel in accordance with adopted service level objectives. The capabilities of a former client are illustrated below: Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 10 (5.3) Concentration The study of concentration requires an analysis of the arrangement of multiple resources, to allow an effective response force to be assembled within adopted timelines. The ability for the current system to deploy and assemble an effective response force will be evaluated in the study area. An example of a concentration study map from a prior client is included below for illustrative purposes: Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 11 (5.4) Reliability The study of reliability uses actual incident history and data to measure the historical performance in accordance with adopted performance standards. Reliability can be determined by answering five questions: • Are established goals of performing something within X minutes, Y percent of the time met? • Is there sufficient depth in the system to provide coverage for calls for service? • Are there frequent instances of multiple calls occurring simultaneously? Does this effect system performance? Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 12 • Are there predictable times when queued calls for service occur? • Is there extra capacity in the system or within individual units? The project team will analyze the availability of staff and current workload and utilization of each company in the service area to determine actual or estimated failure rates based on the availability of data and show the impact on the ability to deploy an effective response force based on the findings. (6) Support Programs The Matrix Consulting Group will review the support programs present within each of the agencies for the critical areas of training, health and wellness, life safety services and communications. (6.1) Training The training and educational resources will be examined to ensure they are structured to provide the proper education and training for the agencies to achieve their stated mission. • Training records will be reviewed to determine the types and frequency of training provided to sworn and civilian personnel. • Training procedures, manuals and protocols will be reviewed to ensure they are current, up to date and reflect best practices. • Training schedules will be reviewed to ensure there is both a short and long-term training plan in place. • Training facilities will be examined to ensure they effectively support the training needs of agencies in the fire incident response system. The result of this task will be a thorough assessment of training and staff development programs. (6.2) Fire Prevention and Public Education The fire prevention/life safety services will be reviewed to ensure the agencies operate effective programs geared toward fire prevention, life safety, hazard risk reduction and the detection, reporting and control of fires and medical emergencies. The programs will Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 13 be reviewed to determine: • What fire prevention codes have been adopted. • Evaluation of the plan review and new construction process in place in each community. • What type of ongoing inspection programs are in place and what role suppression personnel have in the inspection program. • What type of public education programs are provided by the agencies. • What type of pre-incident planning and hazard identification programs are in place at the agencies. • What the agency’s role is in the investigation of fires occurring in its jurisdiction. • Are outside agencies used to investigate certain fires? The result of this task will be a multi-faceted assessment of the totality of the fire prevention and development review program as it relates to the fire service. (6.3) Planning The planning processes for each of the agencies will be reviewed to fully understand how planning is currently occurring. The planning components will be reviewed to determine: • Is there and adequate planning process in place? • What type of tactical planning is occurring? • What types of operational planning efforts are occurring? • What is the strategic planning process, how often is the strategic plan updated? • Are there long range plans for capital improvements or apparatus replacement? (6.4) Emergency Management This sub task will examine how emergency management functions are currently Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 14 performed in each community and how a consolidated approach can improve regional effectiveness in Emergency Management to include: • Emergency Operations Center • Staffing required to effectively conduct Emergency Management functions The result of this task provides an important step in understanding ‘organizational cultures’ and approaches to broad service delivery approaches. TASK RESULT This task will conclude in an interim project report showing the current performance and reliability of the fire, EMS and support systems. Task 4 Development of the Organizational Options and Financial Considerations At this point in the study, the project team will be in a position to begin to evaluate the various options ranging from status quo, partial consolidation, shared services, or full consolidation or merger. (1) Assumptions The project team will review the results of the first three tasks and develop a set of service level objectives that can be employed as a basis for structuring and costing a combined agency. Issue areas could include: • Deployment levels and practices • Use of civilian personnel • Staff utilization targets for civilian and sworn personnel • Scope of prevention and community programming • How support services should be handled Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 15 • How alternatives would be organized, staffed and costs allocated. (2) Organizational Options The Matrix Consulting Group has developed an analytical methodology for the analysis of the feasibility for consolidation. This analytical approach will be based on the following activities: • Utilization of state-of-the-art ArcGIS software. • Utilization of a complete road network of the service area. • Use of the most detailed call for service and EMS transport data available from the agencies. • After the data is compiled various alternatives can then be tested to determine which may be the “optimal” solution for the service delivery system for the communities in terms of opportunities for consolidation of the fire and EMS systems. The methodologies described above, as well as other techniques, would be used to meet the study objectives, including addressing the following: • How many stations are required and where should they be located to best meet identified service level objectives? • How will deployment needs change within a 5-year planning horizon? What impact will trends in service delivery have on the number of stations and apparatus that are needed or can be supported? • If some change in the number of stations is recommended, what are the specific benefits from that change? • The mix of career and part-time resources now and in the future. The focus will be on the analysis of the organizational and financial feasibility of increased shared services or consolidation between fire and EMS Services in each alternative. This sub-task will be devoted to: • Develop a resource plan of full and part-time staff to support the recommended Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 16 system distribution described above. • Developing a detailed plan of administrative and support staffing for a consolidated agency including: - Number and type of command positions - Administrative support staffing - Facility and apparatus maintenance - Fire prevention and public education programs • Developing a proposed compensation plan for the consolidated agency including salary ranges by position; estimated benefit costs for retirement plan contribution; and insurance and related costs. • Developing a detailed pro-forma annual operating budget including all expense items; overtime given deployment, availability, and minimum staffing targets; and provisions for apparatus replacement given the age, size and characteristics of the projected fleet. • Converting the projected budget to the revenue necessary to support these operations and compare to current costs. • Identifying the personnel/human resources issues associated with: - Any transition to another organizational form. - How to merge existing salary and fringe benefit packages. - Are there collective bargaining or pension issues to be addressed? - How to handle cross-training of existing staff. - Are additional support staff needed to provide required human resources, finance or information technology needs? - Which agency is best positioned to handle the support and administrative needs of a combined agency? • Providing analysis and recommendations regarding governance models and organizational structure. • Providing analysis and recommendations regarding the support and administrative needs related to a combined agency both internally and from a City/Town perspective. Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 17 • Providing analysis and recommendations regarding the interim steps necessary to implement each alternative. (3) Financial Analysis This task will focus on determining the current fiscal state of each community and determining opportunities to improve the financial resources available for providing emergency services. The project team will work with finance personnel from each community to develop detailed costing elements. This detailed financial information will be used as a baseline for costing any type of consolidation analyzed during the project. Any available funding mechanisms will be fully vetted for operating in the status quo as well as in a consolidated environment. The financial analysis will include: • A five-year financial forecast for each identified option. • Value assessment of any identified surplus equipment and apparatus. • Replacement schedule and cost sharing of future apparatus and capital needs. • Development of a fee schedule for a consolidated operation. • PERS method needed to collect any unfunded actuarial liability of the agencies or changes needed in the PERS contribution. • Development of cost sharing options in multiple formats to ensure the most equitable cost sharing model is identified based on the service and support needs of each agency to include future capital costs over the planning period. • Detailed assessment of any cost avoidance resulting from the consolidated environment. • Comparative assessment of cost of services for other Northeast Tarrant County Fire Departments. TASK RESULT This task result in the development of governance, organizational, staffing and Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 18 financial considerations for each of the options available for providing fire and EMS services in the service areas. Task 5 Development of the Project Report and Presentation of Study Results Completion of the above tasks will result in the project team developing a draft and final report to summarize the issue and study recommendations. The process will include: • The Matrix Consulting Group will develop a detailed draft report for review and comment. The review is designed to ensure all elements required in the report have been adequately and factually addressed. The report will contain: - General partnering strategies to improve service delivery, efficiency and effectiveness of the Fire and EMS system between the agencies. - Options for shared or consolidated services to develop a regional approach for providing fire and EMS services. - Detailed fiscal analysis of all recommendations with budgets developed to illustrate the financial effects of any changes including transition costs, annual operating costs, long term liabilities and cost allocations. - Recommendations to improve the financial condition of each agency. - General partnering strategies • All analysis, findings, issues and recommendations from the previous tasks will be utilized in the development of the draft report. As each element had already been previously reviewed, there should be no surprises in the report. The draft and final report will fully address each of the points above, an executive summary and implementation strategies for all recommendations. Once the report has been reviewed and the final edits completed, the Matrix Consulting Group will present the findings and recommendations of the final report at a joint meeting of the community leaders and organizations included in the Feasibility Report. 3. Project Timeline The Matrix Consulting Group proposes to conduct this assignment over a period of 16 weeks, but is committed to remain available to the agencies to assist with any issues related to the implementations of recommendations both short and long-term that are a result of this project. Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 19 The following table illustrates the project timeline as proposed: Proposed Project Schedule by Month 1 2 3 4 5 6 Initiation Stakeholder Input Profile Baseline Evaluation Organization and Finance Draft / Final Report Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 20 2 Qualifications This section illustrates the qualifications of both the firm and the personnel we propose as the project team for this engagement. 1. Introduction to the Matrix Consulting Group The Matrix Consulting Group is an organizational and management consulting firm dedicated to enhancing the efficiency and effectiveness of local governments, for their employees and the citizens they serve. Key elements of our approach to working with local governments in general and fire service agencies in particular include: • We are specialists, not generalists. Each member of our proposed project team has experience conducting scores of fire department reviews. • We maximize field time with our clients, typically devoting over half of our project budgets to obtain client input through interviews and data collection. • We take pride in exceeding expectations in every project. • We have a strong commitment and record of providing assistance to our clients to implement appropriate solutions to organizational and management issues. • Our corporate headquarters are in California. We also have an offices in Texas, Massachusetts, Oregon, Illinois and North Carolina. • Currently, we have 18 full time and 8 part time staff. While we provide a wide variety of services to local government, the analysis of public safety (police and fire) services is our largest service area. This is described in the following section of this proposal. 2. Fire Service Analytical Experience The firm and project team have extensive experience conducting fire and emergency service consolidation feasibility and merger support, including the evaluation and assessment of organizational structures, asset location, financial models, and governance models. The table on the following page provides a sample of other areas where we have conducted this type of work for clients: Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 21 Contract Service Evaluations Feasibility Studies Consolidation Analyses Countywide Studies Campbell, CA Indio, CA Orange County, CA Pacific Grove, CA Pomona, CA Reno/Washoe Cty, NV Sacramento, CA Seminole, FL Berlin, NH Coral Springs, FL Grants Pass, OR Highland, CA Parkland, FL Sarasota County, FL Scottsdale, AZ Sterling, IL Charlottes/Albemarle, VA Cleveland Suburbs, OH Des Moines Area, IA La Mesa/Lemon Grove, CA Lincoln, Rhode Island North Utah County, UT San Rafael/Marin, CA Saratoga/Sara. FPD, CA Albemarle County, VA Lee County, FL Palo Pinto County, TX Placer County, CA San Mateo, CA Santa Clara Cty, CA Seminole County, FL Stanislaus, CA The Matrix Consulting Group has conducted over 400 fire and emergency medical services studies. A summary of the Matrix Consulting Group’s fire and emergency medical services analytical experience in recent years is provided in the table below, including recent projects in Texas in bold: Albany, California Davenport, Iowa Palo Pinto County, Texas Anchorage, Alaska Dinuba, California Plano, Texas Athens, Texas Fort Lauderdale, Florida Reno, Nevada Bellingham, Washington Glenview, Illinois San Antonio, Texas Big Bear, California Hoboken, New Jersey Schertz, Texas Billerica, Massachusetts Los Banos, California Southlake, Texas Boston, Massachusetts New Rochelle, New York Westport, Connecticut We are also conducting fire studies in Highland Beach (FL) and Columbus (OH). 2. References The Matrix Consulting Group prides itself on providing reliable and timely services that are on budget. The following former clients can attest to the quality of work for fire and consolidation feasibility studies recently completed by our firm. Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 22 Client Project Summary Cooper City, Florida Fire and Police Feasibility Study Kathryn Sims Assistant City Manager (954) 434-4300 Ext. 291 The Matrix Consulting Group was retained by the City of Cooper City to examine the feasibility of the City providing police and fire services locally as compared to contracting with the Broward County Sheriff’s Office. We worked closely with the City and a City Commission appointed Public Safety Advisory Board to develop assumptions and costs for providing police and fire services locally. The study found that there would be difficulty recruiting personnel to staff the local department and start-up capital costs outweighed any benefit from providing services locally. Ultimately several changes to the contract with the BCSO were recommended to save money and improve the reporting transparency from the BCSO to the City. Jefferson County, Oregon Feasibility Study Jeff Rasmussen County Administrator (541) 475-2449 The Matrix Consulting Group was retained by Jefferson County to determine the feasibility of the Jefferson County Fire District #1 and the Jefferson County Emergency Medical Services District to consolidate into a single district. The analysis indicated that the continued rising costs of providing emergency services in the County would result in both agencies reaching a point of deficit spending in the next several years. The analysis also showed there would be an improvement in operating costs as compared to revenue in a consolidated environment and recommended seeking voter approval to consolidate the districts with a tax rate of $2.1847 per $1,000 in assessed value. Berlin, New Hampshire Fire Service EMS Study James Wheeler City Manager (603) 752-7532 The Matrix Consulting Group was retained by the Town of Berlin to determine if EMS transport services should be provided by the Fire Department as opposed to contracting with a 3rd party private provider. The study examined facility needs, training requirements, current costs and revenues and the process for acquiring capital equipment needed to assume transport services. The analysis showed that moving EMS transport services into the Fire Department would cost the City an additional $8,673 the first year, but then generate savings of $60,000 - $100,000 in the subsequent five years. Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 23 4. Project Team Qualifications The Matrix Consulting Group proposes to utilize a senior project team, including our President and other experienced personnel, one with direct fire service experience. The senior members of the team have between 10 and 30+ years of professional experience as consultants and/or fire professionals. The organization of the project team is as follows: Summary descriptions of each team member are provided below beginning with our proposed project manager: Robert Finn Senior Manager Lead Analyst Terry Lewis Senior Consultant Fire Analyst Ryan Peterson Consultant Data Analyst Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 24 Name/Title Summary of Professional Background, Experience, and Education Robert Finn Senior Manager Lead Analyst Lead Project Analyst Robert Finn is a Senior Manager with the Matrix Consulting Group and previously served as the Chief of the Southlake (TX) Department of Public Safety. Mr. Finn has a strong educational. Professional and consulting background in the fire service coupled with a successful track record that includes strategic planning, budgeting, change management, community relations, and building collaborative partnerships. He has over 25 years of experience in fire service operations and consulting. Robert Finn is also a Peer Assessor, Team Leader, and Technical Reviewer with the Commission on Fire Accreditation International (CFAI). Recent fire service consulting projects include Butte, Merced, Placer and Tuolumne Counties (CA), Coconut Creek, Cooper City and Winter Garden (FL), Billerica, Boston, Chelsea and Yarmouth (MA), Atherton, Big Bear, Dinuba, Dixon, Huntington Beach, Los Banos, Monterey, Redding, Santa Paula, Vernon and West Sacramento (CA), Estacada and Grants Pass (OR), DeKalb County (GA), Lincoln (RI), North Utah County (UT), Oshkosh (WI), San Antonio (TX), Steamboat Springs (CO) and Suffolk (VA). Mr. Finn has a MBA and Bachelor of Science in Public Safety Management from Grand Canyon University. Terry Lewis Senior Consultant Fire Analyst Project Analyst Terry Lewis is a Senior Consultant with our firm and has over 30 years’ experience as a consultant and fire service manager. He worked in all capacities of the fire service including financial management, fire prevention, public education and operations, eventually becoming Fire Chief. Terry also served as a Team Leader, Peer Assessor and Agency Mentor for Departments seeking accredited status from CFAI. Mr. Lewis was a member of our department study teams for Butte, Merced, Placer and Tuolumne Counties (CA), Coconut Creek and Cooper City (FL), Billerica, Boston and Yarmouth (MA), Atherton, Big Bear Dixon, Los Banos, Santa Paula, Vernon and West Sacramento (CA), Estacada and Grants Pass (OR), Mequon and Oshkosh (WI), and Steamboat Springs (CO). Mr. Lewis has a Bachelor of Science in Fire and Safety Engineering Technology and an Associates in Accounting from the University of Cincinnati. Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 25 Ryan Peterson Consultant Data Analyst Data Analytics/GIS Mapping 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 (TriMet). His experience on analytical projects includes studies for Fort Worth (TX), Orange County (FL), Howard County (MD), Merced, Placer and Tuolumne Counties (CA), Coconut Creek and Cooper City (FL), Billerica, Boston and Yarmouth (MA), Atherton, Big Bear Dixon, Los Banos, Sacramento, Santa Paula, Vernon and West Sacramento (CA), Estacada and Grants Pass (OR), Mequon and Oshkosh (WI), and Steamboat Springs (CO). 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. Single page project team resumes are included in the pages that follow. Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 26 ROBERT FINN SENIOR MANAGER, MATRIX CONSULTING GROUP – LEAD FIRE ANALYST Background: Robert Finn is a Senior Manager with the Matrix Consulting Group and previously served as the Chief of the Southlake (TX) Department of Public Safety. Mr. Finn has a strong educational background coupled with a successful track record that includes strategic planning, budgeting, change management, community relations, and building collaborative partnerships. Robert has over 30 years of fire service and consulting experience covering all aspects of the fire service industry. Fire Service Consulting Experience: Clients for whom Mr. Finn has served as the lead project analyst on fire service studies include the following: Anchorage (AK) Dinuba (CA) New Rochelle (NY) Auburn (ME) Estacada (OR) North Utah County (UT) Bedford (NY) Gulf Shores (AL) Oshkosh (WI) Bellingham (WA) Gulf Stream (FL) Pacific Grove (CA) Big Bear (CA) Hanford (CA) Palo Pinto (TX) Billerica (MA) Huntington Beach (CA) Peachtree City (GA) Boston (MA) Jefferson County (OR) Perrysburg (OH) Chelsea (MA) Lincoln (RI) Raleigh (NC) Cleveland (OH) Medina (MN) San Antonio (TX) Coconut Creek (FL) Mequon (WI) Steamboat Springs (CO) Cooper City (FL) Mercer County (CA) Sterling (IL) Davenport (IA) Mesa County (CA) Westport (CT) Dekalb County (GA) Monterey (CA) Yarmouth (MA) Public Safety Professional Experience: Mr. Finn has served at many levels in public safety, including as the following: • Chief of Police (2008 to 2011) • Chief of Fire Services (2004 to 2008) • Lieutenant of Professional Standards (1999 to 2004) • Lieutenant of Training (1995 to 1999) • Coordinator of Emergency Medical Services (1993 to 1995) • Firefighter / Driver / Paramedic (1987 to 1993) Education, Certification, and Training: Center for Public Safety Excellence as a Peer Assessor, Team Leader and Technical Reviewer Master of Business Administration in Executive Leadership and a Bachelor of Science in Public Safety Administration from the Grand Canyon University, Phoenix (AZ). Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 27 TERRY LEWIS SENIOR CONSULTANT, MATRIX CONSULTING GROUP – FIRE ANALYST Background: Terry Lewis has over 30 years of experience in the fire service. He began his career in 1980 with the Loveland-Symmes Fire Department in Ohio, where he worked until 1999, advancing through the ranks from Firefighter/Paramedic to Battalion Chief. While in Loveland Symmes, Chief Lewis worked in a variety of capacities including financial management, fire prevention, public education and managing the operations division. Terry was appointed Fire Chief in Henderson, Kentucky in 1999 until retiring in 2009. Fire Service Consulting Experience: Clients for whom Terry has served as project analyst on fire service studies include the following: Atherton (CA) Dixon (CA) Merced County (CA) Berlin (MD) Estacada (OR) New Rochelle (NY) Berlin (NH) Grants Pass (OR) Oshkosh (WI) Bellingham (WA) Greenwich (CT) Palo Pinto (TX) Big Bear (CA) Jefferson County (OR) Raleigh (NC) Billerica (MA) Los Banos (CA) Steamboat Springs (CO) Butte County (CA) Los Lunas (NM) Valley Center (KS) Coconut Creek (FL) Mat Su Borough (AK) Vernon (CA) Davenport (IA) Mequon (WI) Yarmouth (MA) Fire Chief, City of Henderson, Kentucky: Provided overall management and direction of fire suppression and risk reduction services, utilizing 60 personnel covering eighteen square miles and approximately 30,000 customers. Administered an annual operating budget of $4.5 million along with various capital improvement projects. He has also composed Standard of Cover Documents and served on the Board of a regional hazmat and technical rescue team. Peer Assessor and Technical Advisor: Served as a Peer Assessor and Technical Advisor (Mentor) during the Accreditation process for the following agencies: Clearwater (FL) King of Prussia (PA) Santa Clara County (CA) Country Side Fire District (IL) Lenexa (KS) Searcy (AR) Edmonton, Alberta Canada McChord AFB (WA) Summit (NJ) Fenton (MO) Menasha (WI) Wilson (NC) Fort Lee (VA) Port Huron (MI) Winter Park (FL) Education, Certification, and Training: Bachelor of Science in Fire and Safety Engineering Technology and Associate of Science in Accounting from the University of Cincinnati. Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 28 RYAN PETERSON CONSULTANT, MATRIX CONSULTING GROUP – GIS/DATA ANALYST Background: 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 (TriMet). He has conducted data analysis for numerous public operations, including fire, law enforcement, planning, parks and recreation, and building. His analysis for public safety operations includes calls for service analysis, response times, station location and proximity to frequency of calls, and analysis of optimal fire station locations based on a various parameters and metrics. Public Safety Assessments/Analysis: Mr. Peterson has performed a wide array of analysis public sector clients. This work includes data collection and analysis, redistricting operation boundaries, current staffing analysis and future staffing projections. Representative projects include: Buckeye (AZ) Clayton (MO) Columbus (OH) Davenport (IA) Denton (TX) Dodge County (WI) Fort Worth (TX) Glen Heights (TX) Grand County (UT) Grants Pass (OR) Gulf Shores (AL) Hennepin County (MN) Lewisville (TX) Los Angeles (CA) Los Lunas (NM) Lynnwood (WA) Miami Beach (FL) Medina (MN) Mequon (WI) Monroe (WA) New Rochelle (NY) Orange County (FL) Oshkosh (WI) Puyallup (WA) Raleigh (NC) San Francisco (CA) Scott County (IA) Steamboat Spring (CO) Tacoma (WA) Yarmouth (MA) Education and Certification: BS, University of Oregon – Geography, Graduate Certificate in GIS – Portland State University, Certificate in Programming - Epicodus. Proposal to Develop a Fire Service Feasibility Report City of Keller and Town of Westlake, Texas Matrix Consulting Group Page 29 3 Pricing The Matrix Consulting Group is proposing to conduct the Fire Service Feasibility Study at a not-to-exceed cost of $32,500, as described in the following table: Lead Analyst Senior Consultant Data Analyst Cost Initiation 8 0 0 $1,480 Stakeholder Input 16 8 0 $4,160 Profile 8 20 16 $8,560 Baseline Evaluation 8 12 12 $4,780 Organization and Finance 24 20 0 $5,360 Draft / Final Report 16 24 8 $7,560 Total Hours 80 84 36 200 Hourly Rate $185 $150 $125 Total Professional Fees $14,800 $12,600 $4,500 $31,900 Project Expenses $600 Total Project Cost $32,500 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. We will bill for travel and any related expenses at actual cost. AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES TO THE CITY OF KELLER AND THE TOWN OF WESTLAKE, TEXAS Matrix Consulting Group THIS AGREEMENT, entered into this 261h Day of April, 2021 and effective immediately by and between Matrix Consulting Group (hereinafter called the "CONSULTANT' and the City of Keller and the Town of Westlake, Texas (hereinafter called "KELLER AND WESTLAKE"), WITNESSETH THAT, WHEREAS, KELLER AND WESTLAKE desire to engage the CONSULTANT to Conduct a Fire Service Feasibility Report. NOW, THEREFORE, the parties hereto mutually agree as follows: (1) Employment of Consultant. KELLER AND WESTLAKE agree to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services described in CONSULTANT'S Proposal dated April 16, 2021 and incorporated into this Agreement as Attachment A. (2) Time of Performance. All services to be performed hereunder by the CONSULTANT shall be completed within 180 days of the project start date, unless this Agreement is terminated earlier as provided for herein. (3) Compensation. The KELLER AND WESTLAKE agree to pay the CONSULTANT a sum not to exceed $32,500. CONSULTANT agrees to complete the project and all services provided herein for said sum. (4) Method of Payment. The CONSULTANT shall bill monthly for hours completed to date as described in CONSULTANT'S Price Proposal. Total payments shall not exceed the amount shown in (3), above. KELLER AND WESTLAKE shall pay invoices within thirty (30) days of receipt. (5) Changes. KELLER AND WESTLAKE may, from time to time require changes in the scope of services of the CONSULTANT to be performed hereunder. Such changes, which are mutually agreed upon by and between KELLER AND WESTLAKE and the CONSULTANT, shall be incorporated in written amendment to this Agreement. (6) Services and Materials to be Furnished. KELLER AND WESTLAKE shall furnish the CONSULTANT with all available necessary information, data, and material pertinent to the execution of this Agreement. KELLER AND WESTLAKE shall cooperate with the CONSULTANT in carrying out the work herein and shall provide adequate staff for liaison with the CONSULTANT. Professional Services Agreement Page 1 (7) Termination of Agreement. If, for any cause, the CONSULTANT shall fail to fulfill in timely and proper manner his obligation under this agreement, KELLER AND WESTLAKE shall thereupon have the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. (8) Records and Inspections. CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of one year after the completion of the project. KELLER AND WESTLAKE shall have free access at all proper times to such records, and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings, and activities. (9) Completeness of Contract. This contract and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. (10) Hold Harmless. Each party shall be responsible for its own acts and will be responsible for all damages, costs, fees and expenses which arise out of the performance of this Agreement and which are due to that party's own negligence, tortious acts and other unlawful conduct and the negligence, tortious action and other unlawful conduct of its respective agents, officers and employees. (11) Insurance. Consultant agrees to maintain insurance during the term of this Agreement: for comprehensive general liability in the amount of $2,000,000 per occurrence and $4,000,000 in aggregate; automobile liability insurance in the amount of $1,000,000; workers' compensation insurance in the amount of $1,000,000 and professional liability in the amount of $1,000,000 per occurrence and $3,000,000 in aggregate. CONSULTANT shall provide KELLER AND WESTLAKE with an insurance certificate which names the KELLER AND WESTLAKE as an additionally insured. (12) Assignability. The parties hereby agree that Consultant may not assign, convey or transfer its interest, rights and duties in this Agreement without the prior written consent of KELLER AND WESTLAKE. (13) Notices. Any notices, bills, invoices, or reports required by this Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the addresses noted below: Mark Hafner, City Manager City of Keller 1100 Bear Creek Parkway Keller, TX 76248 Amanda DeGan, Town Manager Town of Westlake 1500 Solana Blvd. Westlake, TX 76262 Richard P. Brady, President Matrix Consulting Group 1650 S Amphlett Blvd., #213 San Mateo, CA 94402 Professional Services Agreement Page 2 IN WITNESS WHEREOF, KELLER AND WESTLAKE and the CONSULTANT have executed this agreement as of the date first written above. CITY OF KELLER, TEXAS By: Mark Hafner, City Manager Date: TOWN OF WESTLAKEE, TEXAS By: GG�(Rti- Amanda DeGan, Town Manager Date: MATRIX CONSULTING GROUP By: Richard P. Brady, resident Date: 5-7-21 Professional Services Agreement Page 3