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Ordinance No. 16,093 ORDINANCE NO. 16,093
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH 65T" NORTH
GROUP, FOR COMPENSATION EVALUATION SERVICES FOR AN
OPERATIONAL,ORGANIZATIONAL,AND STAFFING STUDY OF CERTAIN CITY
DEPARTMENTS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
ACCORDING TO SECTION 2. COMPENSATION AND PROFESSIONAL FEES
SCHEDULE IN THE PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT
NOT TO EXCEED EIGHTY-EIGHT THOUSAND FOUR HUNDRED EIGHTY-ONE
AND NO 100 ($88,481.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
*************************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs
the City Manager to execute and the City Clerk to attest to a Professional Services Agreement with 651h
North Group, for compensation evaluation services for an operational, organizational, and staffing study.
A copy of said agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to 65" North
Group, in an amount not to exceed the fees in Section 2. Compensation and Professional Fees schedule in
the professional services agreement attached as Exhibit A, in an amount not to exceed EIGHTY-EIGHT
THOUSAND FOUR HUNDRED EIGHTY-ONE AND NOI100 ($88,481.00), in accordance with said
agreement authorized in Section I hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease or
an increase in costs by FIFTY THOUSAND AND NO 100 DOLLARS ($50,000.00) or less.
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 13`1'day of March, 2025.
gpYT0 CHARLES JOH ON, Mayor
O ,
ATTEST: v
4�4�
TW— ANGELAJA' SO , City Cl Py
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APPROVED AS T FORM:
SCOTT LE OND, City Attorney
RAOrdinances and Resolutions�Ordinance Drafts 2025-03.13'Ordinance for Professional Services Contract with 65th North Group.docx
EXHIBIT "A"
AGREEMENT FOR CONSULTING SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement(this "Agreement") is entered into by and between 65th North Group (hereinafter
"Consultant") and the City of Baytown, a home-rule municipality located in Harris and Chambers
Counties, Texas (the "City").
1. Scope of Services/Consultant Fees
a. This Agreement authorizes Consultant to perform a comprehensive operational,
organizational, and staffing study services to provide recommendations on best practices
in local government operations to help optimize staffing levels and promote improved
efficiency and effectiveness (the "Work") for and on behalf of the City as specified in the
Scope of Work attached as Exhibit "A."
b. This Agreement shall commence on the date of execution by all Parties and (if not
terminated in accordance with paragraph 10) shall terminate upon completion of
the Work in accordance with this Agreement, including Exhibits.
C. The scope of the Work is detailed in Exhibit "A."
d. The time schedules for the Work are specified in Exhibit"B."
e. Each of these Exhibits "A" through "B" is incorporated into this Agreement by
reference for all purposes.
2. Compensation and Professional Fees
a. The City shall pay Consultant in installments based upon monthly progress reports
and detailed invoices submitted by the Consultant based upon the following: P/19
i. Execute Contract and Completion of Task 1 ..............................$15"99"$25,000.00
ii. Completion of Task 2 ..................................................................$_a!9n,@@@m"$15,000.0C
iii. Completion of Task 3 ..................................................................$15,000.00
iv. Completion of Task 4 ..................................................................$18,481.00
V. Completion of the Deliverables Task .........................................$15,000.00
vi. Total Not to Exceed....................................................................$88,481.00
b. Consultant shall not exceed the fixed contractual amount without written
authorization in the form of a Contract amendment.
Agreement for Consulting Services,Page 1
C. Consultant shall invoice based upon total services actually completed during the
applicable month. Invoices and all required or requested backup information shall
be tendered no more often than once a month. Consultant shall not invoice the City
for services or expenses that were incurred more than sixty (60) days before the
date of the invoice. Failure to timely invoice the City for services or expenses shall
result in Consultant's invoice being denied.
d. In the event of a disputed or contested invoice, the City may withhold from payment
that portion so disputed or contested, and the undisputed portion will be paid.
3. Personnel of Consultant
a. Consultant's Project Manager
Consultant shall designate Dr. David M. Ross, to serve as Project Manager for the
Work performed under this Agreement. Any change of Project Manager shall
require thirty (30) days advance written approval from the City's Representative.
b.
C. Data on Consultant's Employees
Prior to commencement of the Work,Consultant shall forward to the City a detailed
resume of the personnel that will be assigned to the Work.
d. Rejection of Consultant's Employees
The City reserves the right to approve or reject from the Work any employees of
Consultant.
4. Designation and Duties of the City's Representative
a. The Assistant City Manager or his her designee shall act as the City's
Representative.
b. The City's Representative shall use their best efforts to provide nonconfidential City
records for Consultant's use. However, the City does not guarantee the accuracy or
correctness of the documents so provided. Notwithstanding the foregoing,
Consultant shall be entitled to use and rely upon information provided by the City
in performing the services required under this Agreement only to the extent and
level specified by the City in writing for each document provided. Nothing
contained herein shall be construed to require the City to provide such records in
any certain format. The format in which the existing data and documentation will
be provided shall be at the sole discretion of the City.
5. Standards of Performance
a. Consultant shall perform all services under this Agreement with the care and skill
ordinarily used by members of Consultant's profession practicing under the same
or similar circumstances, time and locality. Opinion of probable cost shall be based
Agreement for Professional Services, Page 2 revised 6.12.24
upon the Consultant's experience and represent its best judgment as an experienced
and qualified professional. Each submittal of opinion of probable cost shall be
commensurate with the project design.
Consultant shall be responsible for the technical accuracy of its services and
documents resulting therefrom, and the City shall not be responsible for discovering
deficiencies therein. Consultant shall correct such deficiencies without additional
compensation.
b. Codes and Standards
i. All references to codes, standards, environmental regulations and/or
material specifications shall be to the latest revision, including all effective
supplements or addenda thereto, as of the date that the requestor for Work
is made by the City.
ii. The Work shall be designed and furnished in accordance with the most
current codes and'or standards adopted by city, state, or federal government
or in general custom and usage by the profession and shall comply with
Texas Department of Licensing and Regulation's rules and regulations.
iii. The codes and standards used in the profession set forth minimum
requirements.These may be exceeded by the Consultant if superior methods
are available for successful completion of the Work. Any alternative codes
or regulations used shall have requirements that are equivalent or better than
those in the above-listed codes and regulations. Consultant shall state the
alternative codes and regulations used.
iv. Consultant agrees the services it provides as an experienced and qualified
consultant to conduct a comprehensive operational, organizational, and
staffing study will reflect the professional standards, procedures and
performances common in the industry for this project. Consultant further
agrees that any analysis, reports, preparation of drawings, the designation
or selection of materials and equipment, the selection and supervision of
personnel and the performance of other services under this contract will be
pursuant to the standard of performance common in the profession.
V. Consultant shall promptly correct any defective analysis caused by
Consultant at no cost to City. The City's approval, acceptance, use of or
payment for all or any part of Consultant's services hereunder or of the Work
itself shall in no way alter Consultant's obligations or the City's rights under
this Agreement. As applicable, Consultant shall provide the City with
record "as-built" drawings relating to the Work in an electronic format that
is acceptable to the City. City shall be in receipt of record drawings, if
applicable, prior to final payment.
Agreement for Professional Services,Page 3 revised 6.12.24
6. Schedule
Consultant shall not proceed with the Work or any stage thereof until written notice to proceed is
provided by the City's Representative.
7. Insurance
Consultant shall procure and maintain at its sole cost and expense for the duration of the
Agreement, insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the Work hereunder by Consultant, its agents,
representatives, volunteers, employees or subconsultants.
a. Consultant's insurance coverage shall be primary insurance with respect to the City,
its officials, employees and agents. Any insurance or self-insurance maintained by
the City, its officials, employees or agents shall be considered in excess of
Consultant's insurance and shall not contribute to it. Further, Consultant shall
include all subconsultants,agents and assigns as additional insureds under its policy
or shall furnish separate certificates and endorsements for each such person or
entity. All coverages for subconsultants and assigns shall be subject to all of the
requirements stated herein.
The following is a list of standard insurance policies along with their respective
minimum coverage amounts required in this Agreement:
i. Commercial General Liability
■ General Aggregate: $2,000,000
■ Products & Completed Operations Aggregate: $2,000,000
■ Personal & Advertising Injury: $1,000,000
■ Per Occurrence: $1,000,000
■ Fire Damage $500,000
■ Waiver of Subrogation required
■ Coverage shall be broad form
■ No coverage shall be deleted from standard policy without
notification of individual exclusions being attached for review and
acceptance.
ii. Business Automobile Policy
■ Combined Single Limits: $1,000,000
■ Coverage for "Any Auto"
■ Waiver of Subrogation required.
iii. Errors and Omissions
■ Limit: $1,000,000 for this project
■ Claims-made form is acceptable
■ Coverage will be in force for one (1) year after completion of the
Project.
■ Waiver of Subrogation required.
iv. Workers' Compensation
Agreement for Professional Services, Page 4 revised 6.12.24
■ Statutory Limits
■ Employer's Liability $500,000
■ Waiver of Subrogation required.
b. The following shall be applicable to all policies of insurance required herein.
i. Insurance carrier for all liability policies must have an A.M. Best Rating of
ANIII or better.
ii. Only insurance carriers licensed and admitted to do business in the State of
Texas will be accepted.
iii. Liability policies must be on occurrence form. Errors and Omissions can
be on claims-made form.
iv. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except after
thirty (30) days prior written notice by mail, return receipt requested, has
been given to the City.
V. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Workers'
Compensation and Errors and Omissions Policies required herein.
vi. Upon request and without cost to the City, certified copies of all insurance
policies and or certificates of insurance shall be furnished to the City.
vii. Upon request and without cost to the City, loss runs (claims listing) of any
and or all insurance coverages shall be furnished to the City.
viii. All insurance required herein shall be secured and maintained in a company
or companies satisfactory to the City, and shall be carried in the name of
Consultant. Consultant shall provide copies of insurance policies and
endorsements required hereunder to the City on or before the effective date
of this Agreement.
8. Indemnification and Release
CONSULTANT AGREES TO AND SHALL INDEMNIFY AND HOLD
HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
AND EMPLOYEES (HEREINAFTER REFERRED TO AS THE
"CITY") FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF
EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION,
COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY TO OR
DEATH OF ANY PERSON, FOR DAMAGE TO ANY PROPERTY OR
Agreement for Professional Services,Page 5 revised 6.12.24
FOR ANY BREACH OF CONTRACT TO THE EXTENT ARISING
OUT OF OR IN CONNECTION WITH AN ACT OF NEGLIGENCE,
INTENTIONAL TORT, INTELLECTUAL PROPERTY
INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR
SUPPLIER COMMITTED BY THE PROFESSIONAL OR THE
CONSULTANT'S AGENT, CONSULTANT UNDER CONTRACT, OR
ANOTHER ENTITY OVER WHICH THE CONSULTANT
EXERCISES CONTROL (COLLECTIVELY, CONSULTANT'S
PARTIES). IT IS THE EXPRESS INTENTION OF THE PARTIES
HERETO, BOTH CONSULTANT AND THE CITY, THAT THE
INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS
INDEMNITY BY CONSULTANT TO INDEMNIFY AND PROTECT
THE CITY FROM THE CONSEQUENCES OF CONSULTANT'S
PARTIES' OWN WILLFUL MISCONDUCT, JOINT OR SOLE
NEGLIGENCE AS WELL AS THE CONSULTANT'S PARTIES'
INTENTIONAL TORTS, INTELLECTUAL PROPERTY
INFRINGEMENTS, AND FAILURES TO MAKE PAYMENTS
ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT. SUCH INDEMNITY SHALL NOT APPLY,
HOWEVER, TO LIABILITY ARISING FROM THE PERSONAL
INJURY, DEATH, OR PROPERTY DAMAGE OF PERSONS THAT
IS CAUSED BY OR RESULTS FROM THE NEGLIGENCE OF ANY
PERSON OTHER THAN THE CONSULTANT'S PARTIES. IN THE
EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT
AGAINST THE CITY FROM WHICH THE CITY IS INDEMNIFIED,
CONSULTANT FURTHER AGREES AND COVENANTS TO
DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL
ACCEPTABLE TO THE CITY. THE INDEMNITY PROVIDED
HEREINABOVE SHALL SURVIVE THE TERMINATION AND/OR
EXPIRATION OF THIS AGREEMENT.
By this Agreement, the City does not consent to litigation or suit, and the City hereby
expressly revokes any consent to litigation that it may have granted by the terms of
this Contract or any other contract or agreement, any charter, or applicable state
law. Nothing herein shall be construed so as to limit or waive the City's sovereign
immunity. Consultant assumes full responsibility for its services performed
hereunder and hereby releases, relinquishes and discharges the City, its officers,
agents, and employees from all claims, demands, and causes of action of every kind
and character, including the cost of defense thereof, for any injury to or death of any
person (whether they be either of the parties hereto, their employees, or other third
parties) and any loss of or damage to property(whether the property be that of either
of the parties hereto, their employees, or other third parties) that is caused by or
Agreement for Professional Services,Page 6 revised 6.12.24
alleged to be caused by, arising out of, or in connection with Consultant's services to
be performed hereunder. This release shall apply with respect to Consultant's
services regardless of whether said claims,demands, and causes of action are covered
in whole or in part by insurance.
9. Subcontractors and Subconsultants
Consultant shall receive written approval of the City's Representative prior to the use of any
subcontractors or subconsultants. A copy of all proposed contracts with subconsultants and/or
subcontractors shall be given to the City before execution of such contracts.
10. Termination of Consultant
The City, besides all other rights or remedies it may have, shall have the right to terminate this
Agreement without cause upon written notice from the City Manager to Consultant of the City's
election to do so. Furthermore, the City may immediately and without notice terminate this
Agreement if Consultant breaches this Agreement. A breach of this Agreement shall include, but
not be limited to, the following:
(a) failing to pay insurance premiums, liens, claims or other charges;
(b) failing to pay any payments due the city, state, or federal government from
Consultant or its principals, including, but not limited to, any taxes, fees,
assessments, liens, or any payments identified in this Agreement;
(c) the institution of voluntary or involuntary bankruptcy proceeding against
Consultant;
(d) the dissolution of Consultant;
(e) refusing or failing to prosecute the Work or any separable part with the diligence
that will ensure its completion within the time specified in this Agreement;
(f) failing to complete Work within the time period specified in this Agreement; and or
(g) the violation of any provision of this Agreement.
Upon delivery of any notice of termination required herein, Consultant shall discontinue all
services in connection with the performance of the Agreement. Within ten (10) days after receipt
of the notice of termination, Consultant shall submit a final statement showing in detail the services
satisfactorily performed and accepted and all other appropriate documentation required herein for
payment of services. At the same time that the final statement is tendered to the City, Consultant
shall also tender to the City's Representative all of Consultant's instruments of service, including
all drawings, special provisions, field survey notes, reports, estimates, and any and all other
documents or work product generated by Consultant under this Agreement, whether complete or
not, in an acceptable form and format together with all unused materials supplied by the City. No
final payment will be made until all such instruments of service and materials supplied are so
tendered.
If this Agreement is terminated for cause, Consultant shall be liable for any damage to the City
resulting therefrom. This liability includes any increased costs incurred by the City in completing
Consultant's services. The rights and remedies of the City in this section are in addition to any
other rights and remedies provided by law or under this Agreement.
Agreement for Professional Services,Page 7 revised 6.12.24
11. Records
Within ten (10) days of the City's request and at no cost to the City, the City will be entitled to
review and receive a copy of all documents that indicate work on the Project that is subject to this
Agreement. Except for proprietary data, which we are enjoined from sharing.
12. Supervision of Consultant
Consultant is an independent contractor, and the City neither reserves nor possesses any right to
control the details of the Work performed by Consultant under the terms of this Agreement.
13. Billing
The City shall have thirty (30) days to pay Consultant's invoices from the date of receipt of such
invoices and necessary backup information. All invoices must identify with specificity the work
or services performed and the date(s) of such work or services. In the event of a disputed or
contested invoice, the parties understand and agree that the City may withhold the portion so
contested, but the undisputed portion will be paid. Consultant shall invoice the City for work
performed no more than once a month and may not invoice the City for work not performed.
Invoices shall be received by the City no later than sixty(60)calendar days from the date Consultant
and/or its subconsultants perform the services or incur the expense. Failure by Consultant to comply
with this requirement shall result in Consultant's invoice being denied and the City being relieved
from any liability for payment of the late invoice.
The City shall pay Consultant the maximum rate permitted by Chapter 2251 of the Texas
Government Code on any past due payment not received within thirty(30) days after the payment
due date. In accordance with § 2251.043, in a formal administrative or judicial action to collect
an invoice payment or interest due under this chapter, the opposing party, which may be the City
or Consultant, shall pay the reasonable attorney fees of the prevailing party.
14. Indebtedness
If Consultant, at any time during the term of this Agreement, incurs a debt, as the word is defined
in section 2-662 of the Code of Ordinances of the City of Baytown, it shall immediately notify the
City's Director of Finance in writing. If the City's Director of Finance becomes aware that
Consultant has incurred a debt, the City's Director of Finance shall immediately notify Consultant
in writing. If Consultant does not pay the debt within thirty (30) days of either such notification,
the City's Director of Finance may deduct funds in an amount equal to the debt from any payments
owed to Consultant under this Agreement, and Consultant waives any recourse therefor.
15. Verifications
If Consultant has ten(10) or more full-time employees and Consultant's total compensation under
this Agreement has a value of One-Hundred Thousand Dollars ($100,000.00) or more, Consultant
makes the following verifications in accordance with Chapters 2271 and 2274 of the Texas
Government Code:
a. the Consultant does not boycott Israel and will not boycott Israel during the term
of the contract to be entered into with the City of Baytown;
b. the Consultant does not boycott energy companies and will not boycott energy
companies during the term of the contract to be entered into with the City of
Baytown; and
A reement for Professional Services, Page 8 revised 6.12.24
C. the Consultant does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association and will not
discriminate during the term of the contract against a firearm entity or firearm trade
association.
16. Governing Law
This Agreement has been made under and shall be governed by the laws of the State of Texas.
The parties further agree that performance and all matters related thereto shall be in Harris County,
Texas.
17. Notices
Unless otherwise provided in this Agreement, any notice provided for or permitted to be given
must be in writing and delivered in person or by depositing same in the United States mail,postpaid
and registered or certified, and addressed to the party to be notified, with return receipt requested,
or by delivering the same to an officer of such party. Notice deposited in the mail as described
above shall be conclusively deemed to be effective, unless otherwise stated in this Agreement,
from and after the expiration of three (3) days after it is so deposited.
For the purpose of notice, the addresses of the parties shall be as follows unless properly changed
as provided for herein below:
For the City:
CITY OF BAYTOWN
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
For Consultant:
65th North Group
3100 W. Ray Rd., Suite #201
Chandler, AZ 85226
Each party shall have the right from time to time at any time to change its respective address and
each shall have the right to specify a new address, provided that at least fifteen (15) days written
notice is given of such new address to the other party.
21. No Third-Party Beneficiary
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit
Consultant and the City only. No person or entity not a signatory to this Agreement shall be
entitled to rely on Professional's performance of its services hereunder, and no right to assert a
claim against Professional by assignment of indemnity rights or otherwise shall accrue to a third
party as a result of this Agreement or the performance of Professional's services hereunder.
22. No Right to Arbitration
Notwithstanding anything to the contrary contained in this Agreement, the City and Consultant
hereby agree that no claim or dispute between the City and Consultant arising out of or relating to
this Agreement shall be decided by any arbitration proceeding, including, without limitation, any
proceeding under the Federal Arbitration Act (9 U.S.C. Sections 1-14), or any applicable State
Agreement for Professional Services, Page 9 revised 6.12.24
arbitration statute, including, but not limited to, the Texas General Arbitration Act, provided that
in the event that the City is subjected to an arbitration proceeding notwithstanding this provision,
Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required
or requested by the City of complete relief to be recorded in the arbitration proceeding.
23. Waiver
No waiver by either party to this Agreement of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
24. Complete Agreement
This Agreement represents the entire and integrated agreement between the City and Consultant
in regard to the subject matter hereof and supersedes all prior negotiations, representations or
agreements,either whether written or oral, on the subject matter hereof. This Agreement may only
be amended by written instrument approved and executed by both of the parties. The City and
Consultant accept and agree to these terms.
25. No Assignment
Consultant may not sell or assign all or part interest in this Agreement to another party or parties
without the prior express written approval of the City Manager of such sale or assignment. The
City may require any records or financial statements necessary in its opinion to ensure such sale
or assignment will be in the best interest of the City.
26. Headings
The headings used in this Agreement are for general reference only and do not have special
significance.
27. Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
28. Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
29. Authority
The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he she represents.
Agreement for Professional Services,Page 10 revised 6.12.24
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one
and the same Agreement on the 13th day of March, 2025, the date of execution by the City
Manager of the City of Baytown.
CITY OF BAYTOWN
CAROL FLYNT, Asst. City Manager
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
CONSULTANT:
65TH NORTH•GROUP
18e4-41
(Signature)
David Ross
(Printed Name)
President & CEO
(Title)
Agreement for Professional Services, Page 1 l revised 6.12.24
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared David Ross in his/her
capacity as [President&CEOI, on behalf of such L65th North Groupl,
® known to me;
proved to me on the oath of ;or
proved to me through his/her current
(description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(check one)
to be the person whose name is subscribed to oses the
doregoing instrument consideration thereinnexpre acknowledged to me
that he/she executed the same for, _.pµrp
SUBSCRIBED AND SWORN before me this day of N1 alrG
,2025.
KIMBERLY C DEDERER
Ix—
Notary Public.State of Arizona
Mar+Dope county Notary Public it and for the State of Texas ��
Commission#646530 7,0
My Commission Expires
A r+120,2027
R:\Scon\Contracts\Professional Services Template-Non Gmnt.docx
revised 6.12.24
Agreement for Professional Services,Page 12
EXHIBIT A
At 65th North Group, we believe in following a unique project plan for each engagement to
ensure we deliver exceptional results, and our President & CEO will manage every aspect of
this project to ensure its timely completion. The following work processes provide a
comprehensive outline for how we will approach our work for the City of Baytown:
Task 1: Initiation and Project Management
During this first work process,we will provide the city with our initial data request list and
coordinate the dates and times of on-site interviews and focus groups. We will also hold
a project kickoff meeting to ensure everyone understands the study's goals and
requirements and the steps and timeline for completing the assessment.
After the kickoff meeting, we will update the project management plan to ensure the
delivery of all scheduled activities following project management best practices. We
believe in regular communication and updates, so we will provide weekly updates on the
project's status (or at whatever timeframe is requested) and make ourselves available at
any time to answer questions.
Task 2: Current State Assessment
In order to properly evaluate staffing levels and operational opportunities, it is important
that the project team fundamentally understand the police and fire departments' existing
work-related practices,policies,internal controls,staffing levels,organizational structure,
technology utilization, and overall operations. Additionally, it is important to frilly
understand stakeholder input into current and future anticipated workload demand to
develop a comprehensive understanding of operations. To develop this understanding,
we will conduct stakeholder interviews, make observations, implement anonymous
stakeholder surveys, benchmark operations to at least five (5) peer organizations (to be
determined in consultation with the city), review available data, and observe operations.
Staff interviews, stakeholder surveys, and peer-organization benchmarking allow us to
(1) understand existing operations, (2) collect and document organizational data, (3)
develop descriptions of departmental structures, (4) understand staffing levels and staff
responsibilities, understand primary job responsibilities for those employees; (6)
understand pain points within current operations, and (7) understand the primary tools,
equipment, and technology those employees use to complete their work.
Task 2A: Review Departmental Functions, Processes, Workflows, and Workload Demand
During this initial process, we will review all available policies, procedures, codes, charter
language, and we will conduct one-on-one interviews with employees in each division to
understand roles and responsibilities, processes, and existing challenges associated with
operations. This process includes a comprehensive review of overtime use and
management.
The review includes policy analysis, police UCR statistics for the years 2021-2023, fire
department calls for service and response times for the years 2021-2023,police CAD data,
Agreement for Professional Services, Page 13 revised 6.12.24
employee worker's compensation claims data, employee turnover, training records,
vehicles and equipment used to perform work, accreditation efforts, and more.
Task 213: Assessment of Organizational Stricture and Staffing Levels
During this task, we will review each department's organizational structure and reporting
relationships. We will also assess staffing levels and workload demand within each
division and identify opportunities. Depending on the department, we will use different
staffing methodologies, including ICMA-recommended police staffing methodologies,
shift coverage and relief factor methodologies, and fire department minimum staffing
methodologies.
Task 2C: Assess Technology Utilization
During this task, we will review and assess each department's use of software and
technology, identify issues or concerns, and make appropriate recommendations for
improvement.
Task 21): Identification of Bottlenecks, Redundancies, and Opportunities
During this task, we will identify bottlenecks, redundancies, and opportunities with
existing policies and organizational practices. If conflicts are identified, we will ensure
that the final report provides solutions. We will also include this topic in our stakeholder
surveys and interviews to best understand how the rules, regulations, policies, and
organizational practices affect operati ons.
Task 2E: Benchmarking High-Performing Organizations
Once these tasks are completed, we will work with appropriate city leadership to identify
at least five (5) comparable local governments. Then, we will complete a benchmarking
study of those organizations, comparing the City of Baytown's operations and staffing
levels to those of other high-perfonning peer organizations.
Task 2F: Anonymous Stakeholder Survey
During this task, we will survey organizational stakeholders anonymously to obtain
additional input on the city's organizational processes and staffing levels. We will
evaluate all responses and use this information in our overall assessment. We will
develop the survey and present it to city leadership before implementation.
Task 3: Best Practices Diagnostic Assessment and GAP Analysis
After completing all prior work, we will complete a best practices diagnostic assessment
and prepare a GAP analysis of opportunities, including staffing level adjustments.
Task 4: Final Report, Recommendations, and Presentation
Upon conclusion of all prior tasks, we will prepare a detailed report, which is included in
the deliverables section below. With a draft report completed,we will review the findings
and recommendations with the appropriate city staff. This review process is designed to
ensure clarity for both the city and 65th North Group. We utilize this opportunity to obtain
Agreement for Professional Services,Page 14 revised 6.12.24
staff buy-in on the report's findings and recommendations. Once reviewed, we will make
edits as appropriate and finalize the report.
Deliverables:
Our project manager will prepare all deliverables, including specific custom
recommendations to help the City of Baytown optimize staffing levels and promote
improved efficiency and effectiveness in its police and fire department operations.
1. A best management practices diagnostic assessment report and GAP analysis.
2. A comprehensive report detailing findings, analysis, and recommendations.
3. A prioritized and phased implementation plan.
4. A workload analysis report.
5. Visualizations, charts, and diagrams to illustrate key points.
6. Report presentation to city officials.
Agreement for Professional Services, Page 15 revised 6.12.24
EXHIBIT B
Project Schedule Weeks Weeks Weeks Weeks Weeks Weeks
1-2 3-4 5-6 7-8 9-10 11-12
Prepare initial data request
Conduct kick-off meeting with the city
Update workplan post-meeting
Review department functions, processes,and
workload demand
Assess organizational structure and staffing
levels
Assess technology utilization
Identification of bottlenecks, redundancies,
and inefficiencies
Benchmarking high performing organizations
Anonymous stakeholder surveys
Best practices diagnostic assessment report
GAP analysis
Comprehensive report detailing findings,
analysis, and recommendations
Prioritized and phased implementation plan
Workload analysis report
Revisions and final report
Presentation to city officials
Agreement for Professional Services, Page 16 revised 6.12.24