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HomeMy WebLinkAboutR-1990-D5710 Fire Department OrganizationRESOLUTION NO. f �' 5 710 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a Contractual Agreement with Burkell & Associates for professional services in the evaluation of Fire Department organization. WHEREAS, the City desires an evaluation of the effective- ness and efficiency of the Yakima Fire Department in regard to various aspects such as staffing levels, supervisory ratio, and service delivery, and WHEREAS, Burkell & Associates have submitted a proposal to address the City's concerns and have agreed to the City's terms to govern the rendering of its professional services involved in the evaluation, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute a Contractual Agree- ment with Burkell & Associates for the purpose described above, a copy of which Agreement is attached hereto and by reference made a part hereof. _ ADOPTED BY THE CITY COUNCIL this T, day of F e) 1990. C;?6t.t-- >S1-,talt Mayor ATTEST: City Clerk (res/burkell) CONTRACTUAL AGREEMENT THIS AGREEMENT is made between Burkell & Associates of Gettysburg, Pennsylvania ("the Contractor") and the City of Yakima, Washington ("the City") regarding professional services to be performed by the Contractor for the City, concerning the City of Yakima Fire Depart- ment, and the subsequent issuance of a report. In consideration of the mutual promises contained herein, and of the mutual benefit to be derived therefrom, the parties agree as follows: SECTION ONE: Areas and Methods of Analysis A. Charles J. Burkell as principal of the Contractor, will be the sole evaluator and consultant for the project. He will per- sonally manage the Agreement, perform the site visit and observations, perform the analysis, draft, edit, and submit the final report to the City of Yakima. B. Contractual work will include: 1. Current observations and findings, contrasted with a series of existing documents and reports, to include: a. A departmental reorganization plan that was formed and submitted to City Manager Dick Zais in May of 1987. This report was drafted by Chief Gerald Beeson and then -Deputy Chief Tom Fieldstead. The Contractor will review this report for its current application and feasibility to departmental mission and operations. An evaluation of the adequacy or inadequacy of administrative/managerial staffing levels will be made, including workload, span of Page 1 of 11 (agr/contract) control, productivity, quality control, and safety. A graphic, recommended organizational and administrative staffing levels proposal will be offered as part of this analysis. b. A 1987 study of Yakima Fire Department Station location effectiveness, and the proposed development of a public safety training facility. This report was completed by Doudna, Williams, Weber Architects, with assistance from Gage -Babcock & Associates, Inc. This report will be evaluated for its inclusive recommendations against current organizational practices and requirements. The Contractor will prioritize a plan concerning the physical placement of stations and resources. Likewise, the Contractor will recommend action on the available alter- natives presented, concerning the proposed training facility. c. A memorandum dated January 31, 1989, from departmental officials, addressed to the Mayor and City Manager. This memorandum further extends and prioritizes the recommen- dations of/by fire department officials concerning the two previously cited documents. As to the above-described series of reports, the purpose of this study is to closely examine and scrutinize these existing findings in light of current conditions and resources. The contractor's evaluation will be made from the perspective of national trends and professional experiences. The Contractor will make recommendations in the various functional areas (i.e. Emergency Medical Services, Communications, Public Education, etc.), as well as the administrative staf- Page 2 of 11 (agr/contract) fing/organizational/structural/facility topics previously cited. The Contractor will provide a critique of the most recent recommendations made by departmental offi- cials, either offering concurrence or disagreement. 2. The Contractor will also evaluate the ability of the organization to manage change. The ability to evaluate this characteristic will result from a comprehensive overview of the organization (including management practices), and discus- sions with City and departmental officials. Organizational development practices and related activities (or the lack of such) will be reviewed and critiqued. This review will not be restricted solely to the Yakima Fire Department, as this organization is a component of city government. C. A four -phased process will be followed, with the activities of each phase as follows: Phase One - Review of existing documents. Phase Two - Site visit by Contractor (three days). Phase Three - Analysis development (report formation). Phase Four - Presentation of report. D. Timeliness to initiate and complete the study are: Phase One - Project to be initiated immediately, with approximately 3-4 weeks required for document review and site visit preparation. Phase Two - Site visitation by Contractor completed in March, 1990. Page 3 of 11 (agr/contract) Phase Three - Approximately two months for the drafting of the report, typing, and reproduction. Phase Four - Presentation of report, two months following Phase Two, either in April or May, 1990. The parties understand and agree that timely completion of each phase is vital and that untimely submission of the final report impairs the value of the contracted work as a whole. SECTION TWO: Work Product A. Reports and Recommendations The physical presentation of the analysis will provide the following: 1. Narrative Analysis A narrative analysis will incorporate the Contractor's observations for each functional area or category. The intent of the analysis is not only to treat needs or recommendations but to also cite the strengths of the organization. Since this analysis will focus on organi- zational structure, graphics and charts may be utilized to better depict recommended structure. 2. Prioritizing Recommendations For each category or functional area, the Contractor will prioritize its recommendations, so that some degree of importance is attached to each recommendation. Page 4 of 11 (agr/contract) 3. Measurement/Standards Every recommendation made will correlate with a measure- ment rationale provided by the Contractor. That is, recommendations will be aligned and cited with existing standards, practices, and trends. Whenever possible, these will be cited to give credence to the recommenda- tion(s) made. 4. Presentation of Report The City of Yakima Fire Department will be presented with one (1) copy of the report/recommendations. The report will be professionally typed, and be presented in a custom prepared notebook. 5. Findings Confidential A11 of the reports, data, and information prepared, assembled or received by the Contractor under this Agree- ment are confidential, and the Contractor agrees that they shall not be made available to any individual or organization without prior written approval of the City. 6. Contractor Representations The Contractor represents and warrants that the Contrac- tor and the Contractor's employees have the right to perform the services required under and pursuant to this Agreement without violation of law or obligations to others, and that the Contractor and its employees have the right to disclose to the City all information trans- mitted to the City in the performance of service under Page 5 of 11 (agr/contract) and pursuant to this Agreement. The Contractor agrees that any information submitted to the City, whether patentable or not, may be utilized fully and freely by the City. No reports, charts, or other documents pro- duced under this Agreement shall be the subject of a copyright application. SECTION THREE: Payment A. Fee Schedule The City will pay, upon timely completion of each phase of work as detailed above in paragraphs C and D of Section One, the fees listed below. Each sum represents the maximum bill- ing for the involved phase, and no further costs shall be reimbursed. Phase One Review of documents, preparation for site visit $ 2000.00 Phase Two Conduct site visit by Contractor, includes travel time $ 3500.00 Per diem (3 days at $140.00) $ 420.00 Air fare (round trip coach) Actual cost of ticket Page 6 of 11 (agr/contract) Phase Three Summary of analysis, report generation $ 8650.00 Phase Four Presentation of findings $ 1500.00 Per diem (1 day at $140.00) $ 140.00 Air fare (round trip coach) Actual cost of ticket Subtotal $16210.00 Administrative fee (5%) $ 810.00 Total $17020.00 B. Payment Schedule A retainer fee of $2500.00 will be made to the Contractor to commence work on the project, upon Agreement signature. This fee will be held and deducted from final payment. Phase One fees will be billed upon completion of Phase Two. Phase Two fees will be billed upon completion of same Phase. Phase Three fees will be billed upon submission of final report. Phase Four, and any additional site visits will be billed upon completion of the visit. Page 7 of 11 (agr/contract) All amounts are payable to the contractor within fifteen (15) days of invoice date. C. Documentation Air fare costs will be verified to the City through submission of ticket receipt. D. Termination If this Agreement is terminated by the City, the City will be responsible to the Contractor for payment for any work com- pleted, and any materials expended, less the amount of the retainer held by the Contractor and if termination is based on untimely work by the Contractor, less 10% of any involved fee, which figure represents the loss of value of the work for not providing a final product. The Contractor, upon notification of such termination, will surrender any and all documents and findings completed at the time of termination to the City of Yakima, after which time the amount owing by the City for such work will be due and payable. SECTION FOUR: Relationship Between Parties It is understood and agreed between parties that the Contrac- tor is an independent contractor in the performance of each and every part of this Agreement. No agent, employee, or subcontractor of the Contractor shall be deemed to be the employee, agent or subcontractor of the City. The City is interested only in the results obtained under this Agreement. The manner and means of conducting the work are under the sole control of the Contractor. Page 8 of 11 (agr/contract) None of the benefits provided by the City to its employees, including, but not limited to, State industrial insurance unemployment insurance, are available from the City to employees, Contractor agents or subcontractors of the Contractor. will be solely and entirely responsible for acts and for the acts of the contractor's and subcontractors. and the The his agents, employees, The Contractor shall have no authority to execute contracts or to make commitments on behalf of the City and nothing con- tained herein shall be deemed to create the relationship of employer and employee or principal and agent between the City and the Contractor. SECTION FIVE: Post Performance Responsibilities A. Injuries to Contractor The Contractor waives any rights to recovery from the City for any injuries that the Contractor may sustain while performing services pursuant to this Agreement. B. Hold Harmless The Contractor agrees to indemnify and hold harmless the City, its appointed and elective officers, and its employees, from and against all loss and expense, including attorney's fees and costs by reason of any and all claims and demands upon the City, its elected or appointed officers, and its employees from damages sustained by any persons arising out of or in consequence of the Contractor's, its employees', or its sub- contractors' performance of work associated with this Agree- ment. Page 9 of 11 (agr/contract) SECTION SIX: Provisions Relating to Agreement as a Whole A. Entire Agreement This Agreement shall constitute the entire agreement between the parties, and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. B. Waiver or Modification No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City. C. Breach In the event of breach of any of the terms or conditions hereof, this Agreement may be terminated by the offended party on ten (10) days written notice, and waiver of any breach of any provision shall not be deemed to be a waiver of any subse- quent breach nor of the provision itself. D. Governing Law and Venue It is agreed that this Agreement shall be governed by, con- strued, and enforced in accordance with the laws of the State of Washington. It is also agreed that the venue for any claim arising out of this Agreement is Yakima County, Washington. Page 10 of 11 (agr/contract) E. Assignment Neither this Agreement nor any interest therein, or claim thereunder, shall be assigned or transferred by the Contrac- tor. IN WITNESS WHEREOF the City and the Contractor have executed this Agreement as of the date last written below. CITY OF YAKIMA BY: Attest: City Ciera Date: 3/l/90 CITY COKiRACT 4V- C10 -/Z/b--5-7/0 Page 11 of 11 (agr/ccntrdct ) BURKELL & ASSOCIATES BY: Date: Previously Conducted Studies Similar To This Request Grand Junction Fire Department City of Grand Junction, Colorado In 1987 Burkell & Associates offered assistance through analysis and recommendation to the City of Grand Junction ( pop. 80,000) regarding the development and formation of a strategic plan. Of significant emphasis to this study was the evaluation of existing and future fire station locations, Akron Fire Department City of Akron, Ohio In 1989, the consultant provided a major organizational analysis for the City of Akron ( pop 220,000) Fire Department. This contract was further extended to analyze recommendations made in light of current vs. potential future resources. The study was ordered by and submitted to the Mayor's office Lower Merion Twp Fire Department Ardmore ( Philadelphia ), Pa. This township fire agency ( pop 45,000 ) includes a combination delivery system of career personnel and six, independent volunteer departments operating within the same township government. Burkell & Associates has initiated work on this project to evaluate the fire protection system, and recommend a plan for the future BURKELL & ASSOCIATES References Grand Junction, Colorado Fire Chief Richard Greene (presently Chief et Kansas City, Mo. ) Kansas City Fire Department 414 East 12th St.- 22nd Floor Kansas City, Mo. 64106 (816) 274-1737 Akron, Ohio Fire Chief George Romanoski City of Akron Fire Department 57 South Broadway Akron, Ohio 44308 (216) 375-2410 Other References: City of Orlando Fire Department Chief Charles Lewis Post Office Box 2846 Orlando, Florida 32802 (407) 849-2390 Kern County Fire Department Chief Thomas P McCarthy 5642 Victor Street Bakersfield, California (805) 861-2577 King County Fire District *36 Chief James Davis 19900 144th Ave NE Woodinville, Wa. 98072 (206) 483-2131 City Manager Mark Achen 3344 Northridge Dr Grand Junction, Co. 81506 (w) 303-244-1501 Deputy Mayor Tony O'Leary City of Akron Mayor's Office Akron, Ohio 44308 (216) 375-2345 • • • • BURKELL & ASSOCIATES • • Resume of Charles J. Burke!! 1340 Herr's Ridge Rd. • Gettysburg, Pa. 17325 • (w) 301-447-1157 (h) 717-337-1676 January, 1990 • Academic History Graduate Harvard University John F Kennedy School of Government State and Local Programs, 1988 Master's of Business Administration (MBA) Mt. St. Mary's College Emmitsburg, Md. 21727 Area of Emphasis. Public sector management Grade Point Average 3.7/4.0 Thesis. "The Public Safety Director - Can the Concept Work?" Under- Bachelor's of Science, Technical Education/Fire Administration graduate University of Akron Akron, Ohio Area of Emphasis Fire Service Management Grade Point Average 3.5/4.0 Associate of Applied Science, Fire Technology Cuyahoga County Community College Cleveland, Ohio Grade Point Average 3.8/4.0 High School Sharon Kennedy Christian H.S. Sharon, Pa. Area of Emphasis. College Preparatory Other Attendance and participation in many seminars, workshops, and other structured educational activities. Some examples are o Completion of the "Disney Philosophy of People Management" (1986) & the "Disney Approach to Quality Service" (1987) at Walt Disney World, Orlando. o Completion of the National Fire Academy's Executive Development III Course, the senior level management program. o Completion of the National Fire Academy's Microcomputer Applications Course. o Attendance at the annual conference of the American Society of Training and Development. (1987), (1988), (1989) o Selected and completed "Leadership Youngstown" Sponsored by Youngstown State University, (20) community leaders engaged in a series of problem solving studies in 1977 • • • • • • Employment History • Current Position • 1980 - present National Fire Academy Emmitsburg, Md. 21727 Position: Program Chair - Executive Fire Officer Program Position Description: The Executive Fire Officer Program is a major curriculum area of the National Fire Academy The position is responsible for the curricula and initiatives relative to this area, which includes periodic instruction of such courses as Executive Leadership and Executive Development. Major focal areas include leadership, organizational change, quality improvement, culture, influence/power, and decision making. Position requires daily interaction with fire executives and public/private sector officials, on a national, state and local basis. Project management and other project officership roles are served. Previous program responsibilities include program management and instruction in the following areas. fireground/incident command, public education, financial management, Instructor training/currlculum • development, fire prevention/code enforcement, emergency medical service management. Examples of Accomplishments: o Has served in acting capacities for the positions of Superintendent and Deputy Superintendent for the National Fire Academy. o Created the content design and served as an on -camera presenter for two nationally broadcasted teleconferences on Executive Leadership and Public Education. Estimated viewing audience. 70,000. o Instrumental in the design and facilitation of the National Fire Academy's "capstone" course - "Executive Leadership", including the authoring of a major case for the course on "Walt Disney World." o Has received merit salary, cash award, and "quality step increases" based on job performance. o Received a standing ovation from the 600 participants of the 1985 "Partnerships Against Fire Conference", at Crystal City, Va. The presentation was entitled "The Winning Edge" o Created a culture assessment model for a fire service agency based on research conducted with the Ft. Worth Texas Fire Department. Other Employment 1986 - present Mt. St. Mary's College Emmhsburg, Md. 21727 Position Adjunct Professor, Graduate Program of Business Description: Instructional delivery of graduate courses within Master's of Business Administration Degree program, including courses in Marketing Management and Statistical Decision Theory 1973 - 1980 Boardman Fire Department Boardman, Ohio 44512 Position Firefighter/Instructor Description General firefighting and EMS duties. Shift -training officer Established a regional, non-profit fire service training organization that offered training opportunities on a regional and statewide basis. 1972 - 1980 Gold Cross Ambulance Service Youngstown, Ohio 44507 Position. Associate Manager ( part-time ) Description. Senior manager for one of the 20th largest, private -EMS providers in the country Responsible for supervision, selection, training, marketing, project management, fiscal management. Instrumental in establishing an Advanced Life Support/EMS system for the metropolitan Youngstown, Ohio area. 1977 - 1980 Lakeland Community College Mentor, Ohio 44060 University of Akron Akron, Ohio Position. Adjunct Instructor Description Instruction of a variety of courses within a Fire Science Degree Program, including Hazardous Materials, Incident Command, and Management. • • • • • • • Consulting Activity o Conducted an organizational assessment/audit for the Mayor of the City of Akron for the Akron, Ohio Fire Department. (1989) o Designed a leadership development/feedback workshop for an experimental "protege/manager-development" program at Boeing Helicopters, Philadelphia, Pa. (1989) o Presented a Executive Development Workshop for the State of Connecticut Fire Commission (1989) o Designed and conducted a Team -Building Workshop for members of the Delray Beach, Florida Fire Department. (1989) o Designed and conducted a Strategic Planning -Organizational Assessment Workshop for the Charlottesville Virginia Fire Department (1989) o Facilitated a multi -agency Team Building/Planning Workshop for Senior Staff Members of the Woodinville, Kenmore and Kirkland Washington Fire Depts. (1989) o Developed and coordinated the instruction of a 80 hour 'Company Officer Development Course" for the Orlando Fire Department and the Central Florida Fire Training Academy, (Orange Co. Fla.) o Designed and facilitated a strategic planning/team-building process for officers and managers of Kennie's Markets, a SE Penn. retail grocery chain. (1989) o Presented a seminar for Virginia Fire Service Training in Fairfax, Va. on "Planning to Influence" (1989) o Designed and facilitated a "Quality Customer Service Improvement" Workshop for officers and mangers of Adams County National Bank, a SE Penn. financial services corporation. (1989) o Currently serving as an expert witness in a multi -fatality hospital fire incident in Kansas City, Mo. o Conducted a program on leadership and management to senior managers of Contra Costa County (Ca.) (1988) o Designed and conducted workshops on organizational change, customer service, and ethics for senior managers of the Bakersfield Ca. and Kern County Ca. Fire Departments. (1988, 1987) o Planned and facilitated workshops and seminars for the Phoenix (Az.) Fire Department in the areas of team -building, customer service management, managing change/empowerment, and other topics. (1988, 1987, 1986) Consulting (con't) o Designed and facilitated an officer certification program for the Pike Twp. (Indianapolis) Indiana Fire Department (1988) O Presented a management development seminar for Macomb Community College (Detroit, Mi.) (1988) o Designed and conducted a strategic planning/team-building series of interventions for senior mangers of Gold Cross Ambulance Service, Youngstown, Ohio. (1988, 1987) o Conducted and facilitated a strategic planning process, including an analysis of fire station location effectiveness for the Grand Junction Colorado Fire Department. (1987) o Designed and facilitated a series of supervisory/plant manager quality improvement sessions for Dal -Tile Corporation, the country's largest producer of ceramic tile. (1987) o Served as an expert witness in a multi -fatality high-rise apartment fire in Kansas City, Mo. (1987) o Performed research pursuant to a multi -fatality apartment fire incident involving smoke detector/early waming issues in Topeka, Ks. (1987) O Designed and facilitated a senior management team -building process for the Lincoln, Nebraska Fire Department (1986) O Conducted research pursuant to a class action suit involving the hearing loss of firefighters for a Dallas Texas legal firm. (1986) o Designed and facilitated a team building/strategic planning workshop for the Apache Junction Arizona Fire Department. (1985) O Subcontracted in the design of a company officers promotional exam for the Alexandria Virginia Fire Department. (1985) O Created and administered a series of selection/promotional exams for entry and officer positions within the Mansfield, Ohio Fire Department. (1979) o Created and administered a series of selection/promotional exams for the Warren Ohio Fire Department (1978) • • • • • • • • • • Written: Interpersonal Sk11Is o Co-author of two texts, including authoring the leadership chapter in the revised NFPA "fyAanagement in the Fire Service" text. o Has authored numerous articles for fire service and public sector journals, including Fire Chief, Fire Engineering, Firehouse, American Fire Journal, Fire Command, Fire Services Today, Rekindle, The Prometheus Report, and Ohio Cities and Villages. o Has served as a staff correspondent for America Fire Journal, authoring a bimonthly column entitled "Executive Perspective" The column provides timely advice on current management and administrative related topics. Examples of journal articles authored include- Management/Administrative; "Management by Objectives", "Budgeting by Objectives ( Program Budgeting)", " The Public Safety Director Position", "Roles and Role Set Analysis", "Integrity", "Interpersonal Relations and Management Theory", "Productivity in the Fire Service". Technical: "Building Construction", "Strategy/Tactics re Church Fires", "Firefighter Hearing Loss/ Hazardous Noise Levels", "Pioneer, Ohio Boarding House Fire", "Fire Service Training/Education Issues". Oral/Platform: o Has served as a keynote or program speaker through the presentation of papers at numerous conferences and seminars, including: Arizona Fire Instructors Conference ( Phoenix) Califomia Fire Chiefs Annual Conference ( Fresno ) Florida Fire Marshal's Conference ( Ft. Myers ) Florida Training Improvement Conference (Ocala) Indiana Fire Marshal's Leadership Conference ( Indianapolis ) International Association of Fire Chiefs Annual Conventions ( Kansas City) (Washington,D.C.) International Society of Fire Service Instructors Conferences (Virginia Beach ) (Memphis) National Fire and Burn Prevention Conferences ( Washington, D.0 Midwestern Fire Safety Education Conferences ( Lincoln, Ne ) Oklahoma Fire Safety Education Conference ( Stillwater) Pennsylvania Fire Symposium ( Harrisburg ) Wayne County Fire Instructors Conference ( Richmond, Ind. ) o Subjects articulated included leadership, positive attitude, management theory, marketing, quality circles application, public education/fire prevention issues, evaluation and testing, firefighter safety, financing and funding. Professional Affiliations Present or Past Memberships, American Society for Training and Development American Management Association Gettysburg Rotary Club International Society of Fire Service Instructors International Fire Service Training Association National Fire Protection Association Ohio Society of Fire Service Instructors Michigan Fire Educators Resource Network ( honorary ) International Association of Firefighters Selected Professional Activities, a National Fire Protection Association Std. # 1031 ( Fire Inspector, Investigator, Educator) Sub -committee member o International Fire Service Training Association # 606 Validation Committee Member a International Society of Fire Service Instructors Training and Education Committee member ( 1977-1981) o National Fire Protection Association "Learn Not To Burn" curriculum advisory group member o Children's Television Workshop (CTW) Advisory member on the "Sesame Street" fire safety curriculum. a Northeastern Ohio Health Planning Council Advisory Member on Emergency Medical Services o Ohio Society of Fire Service Instructors Board of Director (1977-80 ) a Gettysburg Rotary Club Board Member - Club Service International Exchange/Assistance Committee • • • • •