Loading...
HomeMy WebLinkAboutC2010-129 - 4/20/2010 - ApprovedSERVICE AGREEMENT Na. sAla-a4~ THIS RESTRUCTURING, GUTSaURCING & PRIVATIZATION C4NSUI,TING SERVICES CONTRACT (this "Agreement"} is entered into by and between Crowe Horwath LLP (the "Consultant"} and the City of Corpus Christi, a Texas home-rule municipal corporation {the "City"} effective far all purposes upon execution by the City Manager. WHEREAS Consultant has proposed to provide RESTRUCTURING, UUTSDURCING & PRIVATIZATION CONSULTING SERVICES; WHEREAS the City has determined Consultant to be the most advantageous Respondent; NOW, THEREFORE, Consultant and City enter into this Agreement and agree as follows: 1. Services. Consultant will provide the RESTRUCTURING, OUTSOURCING & PRIVATI2ATI~N CONSULTING SERVICES in accordance with Phase 1 in Exhibit B. 2. Fee for Services. The City agrees to pay the Consultant those fees mutually agreed to between both parties as follows: An amount not to exceed $78,370 for Phase 1 as described in Exhibit B, to include a formal written report presented, in person by Consultant, to the Corpus Christi City Council. Consultant shall hill the City by the fifteenth calendar day of each month, for services provided during the preceding calendar month. Terms are net 30 days of City's receipt of a valid invoice. Actual time and expenses [including, but not necessarily limited to: travel and per diem} shall be enumerated ^n each invoice. The City shall pay for only those hours and expenses actually incurred (actual costs). 3. Term. The term of Phase 1 of this Agreement, as described in Exhibit B, shall commence on the date this Agreement is signed by the last signatory hereto and continue through the date the Phase 1 final written report is presented to City Council an or about June 22, 2410. 4. Contract Administrator. The City will provide active and supportive functional area leadership to answer questions, participate in meetings, and support analysis work through personal and team supported assistance. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including authorizations far payment. The Contract Administrator will review and approve deliverable documents within one business day. If deliverable documents are not acceptable, the City will provide information on what is needed to satisfy expectations within 5 business days of receipt of deliverables. Under the guidance of the Contract Administrator, Consultant will obtain 2a1a-129 M2a1Q-a88 a4lzalla Crowe Horwath LLP ~N~~~ information and insight from the Steering Committee team. The City will provide an internal scheduler 1 project support person who will coordinate stakeholders' calendars, setup meetings, and manage communication with the appropriate Consultant contact. The City will make the Contract Administrator, Steering Committee, and other desired resources available far a weekly call to evaluate progress, discuss current issues, and discuss upcoming activities. All of Consultant's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Assistant City Manager -Administration. 5. Independent Contractor. Consultant will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under na circumstances or conditions may any agent, servant, or employee of Consultant be considered as an employee of the City. 6. Insurance. Before activities can begin under this Agreement, Consultant's insurance company(ies} must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Contract Administrator will be given 3a days' notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. Insurance requirements are incorporated herein in Exhibit A, which is incorporated herein by reference, and may be revised annually by the City Manager upon 30 days written notice to Consultant. 7. Assignment. No assignment of this Agreement or any right or interest therein by Consultant is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Consultant is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on 7uly 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waiver of any breach of any term or condition of this Agreement ^r Consultant's response waives any subsequent breach of the same. 14. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and venue for all disputes under this Agreement lies exclusively in Nueces County, Texas. 11. Subcontractors. Consultant may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Consultant musk obtain prior written approval from the Contract Administrator. In using subcontractors, Consultant is responsible far all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Consultant. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Consultant and its employees had performed the services. 12. Employee Litigation. In any and all claims against any party indemnified hereunder by any employee of Consultant, any subcontractor, anyone directly or indirectly employed by any of them ar• anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation yr benefits payable by or for Consultant or any subcontractor under workers' compensation or other employee benefit acts. 13. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 14. Termination. The City Manager may terminate this Agreement for Consultant's failure to perform the services specified herein. Failure tv keep all insurance policies in force for the entire term of this Agreement is grounds far termination. The Contract Administrator must give Consultant 5 work-days written notice of the breach and set out a reasonable opportunity tv cure. If the Consultant has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement, with or without cause, upon 20 days' written notice to Consultant. However, City may terminate this Agreement on 24-hours written notice to Consultant for failure to pay or provide proof of payment of taxes as set out herein. 15. Taxes. Consultant covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Consultant must provide proof of payment of these taxes within 30 days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds far the City Manager to immediately terminate this Agreement. 16. Drug Policy. Consultant must adopt a Dnig Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a aero-tolerance drug policy. * 17. Violence Policy. Consultant must adapt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. The City has azero-tolerance violence policy. l8. Notice. Notice may be given by fax, hand delivery ar certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered ^r vn the third day after deposit, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Carpus Christi Attention: Assistant City Manager -Administration P.d. Box 8277 Corpus Christi, Texas 78459-9277 Fax No.: 361-882-7320 IF TO CONSULTANT: Consultant's Crowe Horwath LLP Contact Person: Kevin W. Smith Address: 400 Las Colinas Boulevard East, Suite 204 Cit ,State, Zip: Irving TX 75039-3732 Fax No.: 214-574-1OD2 19. Month-to-Month Extension. If the City has not completed the procurement process and awarded a new RESTRUCTURING, OUTSOURCING & PRIVATIZATION CONSULTING SERVICES contract upon the expiration of this Agreement, then Consultant must continue to provide services under this Agreement, at its current fee, on a month-ta-month basis until a new contract is awarded by Council. This Agreement automatically expires on the effective date of a new contract; the Contract Administrator will provide written notice of the effective date of the new contract to Consultant. 20. Indemnification. CONSULTANT AGREES TD INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY DF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (INDEMNITEES~ FROM AND AGAINST' ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES DF ACTION DF ANY NATURE DN ACCOUNT DF DEATH, PERSONAL INJURIES, TANGIBLE PROPERTY LOSS DR DAMAGE, INCLUDING ALL EXPENSES DF LITIGATION, COURT COSTS, AT`T`ORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE DR ARE CLAIMED TD ARI5E DUT DF DR IN CONNECTION WITH THIS CONTRACT DR THE PERFORMANCE DF THIS CONTRACT, REGARDLESS DF WHETHER THE INJURIES, DEATH DR TANGIBLE PROPERTY DAMAGES ARE CAUSED OR ARE CLAIMED TD BE CAUSED BY THE CONCURRENT DR CONTRIBUTING NEGLIGENCE DF INDEMNITEES, BUT' NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON DR GROUP. CONSULTANT MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT DR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TD INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES DF ANY FIND ARISING FROM ANY DF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS DR ACTIONS. 21. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 22. Acceptance of Document Deliverables. For Deliverables that are rec}uirements, specifications, test pions, designs, or other documents, whether electronic or paper (collectively, "Document Deliverables"), City shall review and approve such Document Deliverables in a timeframe mutually agreeable to City and Consultant, but City's review shall occur consistent with the project schedule. This applies only to Document Deliverables. If City does not provide written notice of rejection of the Document Deliverable by the mutually agreed upon timeframe, the Document Deliverable shall be deemed accepted. The Phase 1 deliverable will be a presentation in a Microsoft PowerPoint format with supporting documents determined between Consultant and the City. SIGNED this ~-iJ° day of ~,. , 20 ro . Consultant: Crowe Horwath LLP l..a. S gnature Name: Kevin W. Smith Title: Partner CITY OF CORPUS CHRISTI r ~~ A t .Escobar City Manager f~~~~~~~L~~. ~+....~....~............ AU r r+u~~~4~ ~ C~ItCII ~~ ~-~..1!.~~.._...~ ~~ ~ p s~c~~i~aait~-~ Date S Ate: _ ~~ C C:~IY~Q ,qq++A APPROVED THIS _~.`~ DAY DF , 20 ~ ~ CARLDS VALDEZ, CITY ATTORNEY By: ~~ ^ . ,Assistant City Attorney 1-f 5~ ~Vi ~(.~~ Incorporated Attachments: Exhibit A: Insurance Requirements Exhibit B: Proposer's Proposal dated March 19, 2410 and titled "Proposal to Provide a Cast Sa~ingslRe~enue Enhancing Roadmap Assessment (Phase 1) for the City of Corpus Christi, Texas Exhibit C: Crowe Horvath LLP Standard Engagement Terms Exhibit A Insurance Requirements A, Consultant must not commence work under this agreement until all insurance required herein have been obtained and the City has approved such insurance. Consultant must not allow any subcontractor tv commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Contract Administrator, two {2} copies of Certificates of Insurance, showing the following minimum coverage by insurance company{s} acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation in favor of the City of Corpus Christi is required vn the Commercial General Liability and Workers' Compensation policies. TYPE flF INSURANCE MINIMUM INSURANCE COVERAGE 30-day written notice of cancellation, non- Bodily Injury and Property Damage renewal, material change or termination Per Occurrence -Aggregate required on all certificates COMMERCIAL GENERAL LIABILITY including: $i,DDD,DDD COMBINED 51NGLE LIMIT 1. Commercial Broad Farm ~. Premises -Operations 3. Products) Completed Operations 4. Contractual Liability 6. Independent Contractor 6. Broad Form Property Damage 7. Personal Injury 1 Advertising Injury WORKERS' COMPENSATION Applicable only when an City property WHICH COMPLIES WITH THE TEXAS WORKER'S COMPENSATION ACT EMPLOYERS LIABILITY INSURANCE $10D,DOD 1$1 DD,DDDI $iDD,D00 PROFESSIONAL LIABILITY 1 1 DOD DDD COMBINE^ SINGLE LIMIT ERRORS AND OMISSIONS LIABILITY (Defense casts not included in face value of 1. It written on aClaims-Made Farm, the policy} Retroactive Date MUST be prior to inception of the contract. 2. if written on a Claims-Made Form, an Extended Reporting Period of Twenty- FDUr [24} Months MUST fJe maintained after the date that the Agreement is terminated or expires. C. In the event of accidents of any kind, the Consultant must furnish the Risk Manager with copies of all reports of any accident within ten {10~ days of the accident. D. Consultant must ^btain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract far coverage must be written on a policy and endorsements approved by the Texas ^epartment of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Consultants right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written an an ^ccurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of nv less than A- {VII]. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions {except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies}. Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance tv City at the address provided below within 1 ^ days of the requested change. Consultant shall pay any costs incurred resulting from said changes. Afl notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 784fi9-9277 {361 ~ 82fi-4555 -Fax # G. Consultant agrees that with respect t^ the above required insurance, all insurance policies are to contain ar be endorsed to contain the fallowing required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities af, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ^ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and ^ Provide thirty [30} calendar days advance written notice directly tv City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (1 d} calendar days advance written notice for nonpayment of premium. H. Within five (5} calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure tv provide and tv maintain the required insurance shall constitute a material breach of this contract. I. In addition tv any other remedies the City may have upon Consultant's failure to provide and maintain any insurance ar policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to step work hereunder, andlor withhold any payments} which became due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2610 Restructuring & Privatization Consultant ins. req. 2-25-10 p Risk Management Proposal to Provide a Cost Savings 1 Revenue Enhancing Roadmap Assessment Phase 'I }for the City of Corpus Christi, Texas March ~ 9, 20~ o 5ut~mitted to: Mr. Paul Pierce Procurement Manager City of Carpus Christi P.fl. t3vx 9217 Zip 78489 1201 Leopard Street Corpus Christi, Texas 78401 Submitted by: Mr. Kevin W. Smith, Partner Crowe Horvath LLP 5215 Nvrth O'Connor Boulevard, Suite 200 Irving, Texas 75039-3732 ^irect (972) 858-9056 Tef 972.858.9055 Fax 8DD.599.9114 kevi n.w, smith ~crawe by resat h. cam /~ Crov~ Horvath.. /~. Crowe FbrvYath. Crowe Harwath LLP Independent Member Lowe Fiorwatlt Intemafxal 5215 Hach O'Cmnar Boulerard, Suite 2DD Irving, Texas 75U3~33732 Tet 972.868.9065 Fax 80s).599.911~ wwrv.aoweinx+reth.can March 19, 2414 Mr. Paul Pierce Procurement Manager City of Corpus Christi P.O. Box 9277 Zip 78489 1241 Leopard Street Corpus Christi, Texas 78441 Dear Mr. Pierce Thank you for the opportunity to introduce Crowe Horvath LLP ["Crowe'} to the City of Corpus Christi r;"City'} and present our qualifications and approach to the City's Request for Information {"RFI'} far a Restructuring and Privatization Study. We appreciated hearing from the City's management team about the challenge of maintaining quality services in the face of revenue shortfalls and believe that we understand your needs and goals related to this important project. We believe that Grove is the right choice for the City to partner with based upon our extensive experience with similar projects at both the state and loco! levels of government. As requested, we are pleased to present our price proposal as well as additional information on our approach to, and the timing of, deliverables using anindustry-proven methodology. We will value the City as an important client and will provide high quality service, aimed at exceeding your expectations on both ashort-term and long-term basis. A few distinguishing characteristics of Crowe and our proposal include: Your desire to partner with a firm who can complement your existing expertise and "add value" beyond ideas and opportunities that you have already identified or pre-conceived `canned' outsourcing solutions. We have assembled a group of professionals who focus their efforts in serving the unique needs of governments. our specialization has allowed us to develop personnel who are familiar with the financial, political, social, and economic trends influencing the City. Our Public Sector Services [P55} group is comprised of more than 125 individuals, and serves nearly 244 governmental organizations nationwide. Our client relationships have repeatedly shown that we are a trusted advisor. A firm that genuinely appreciates management's objective to, `provide the highest level of service at the most competitive price," Our P5S Group includes several farmer government officials--both appointed and elected -who can leverage their years of experience to produce a study that meets the expectations of both the City's management and elected officials, In addition to the proposed members that met with City management on March 17, 2414 we are including Ann Lathrpp, former City Controller for Indianapolis and current Crowe 1=xecutive. Among Ann's many accomplishments with the City of Indianapolis, including her leadership of cost savings initiatives resulting in aver $14i5 million in savings for the Airport, $B5 million in savings at the Wastewater Treatment Plant, and $28 million in savings based on lT outsourcing activities. ^ The emphasis we place on meeting and exceeding client expectations and providing excellent client service because our team has real life experiences balancing budgets and creating efficiencies. Our expertise was gained not just as outside auditors and consultants but also as elected and appointed public officials answering to constituents on the fron# line. Mr. Paul Pierce, Procurement Manager City of Carpus Christi Page 2 Approach Crowe understands that attaining revenue maximixatian, cast savings and improved service delivery is the ultimate goal of the first phase of this project. We anticipate that many ideas will face political, constituent, and employee pressure, therefore we will develop a comprehensive communications plan to manage the messages to the various stakeholders. We also recognize the time constraints and agree with the general approach suggested by the City to identify from the "5Q,QD4 foot view° opportunities that are ready far further analysis in the first phase, and then a more detailed project planning and implementation phase that can incorporate savings either before the FY 2Q11 budget is adopted or shortly thereafter in a modified budget. To accelerate the process will require the use of a multi-prong approach at the start of the project that will focus on quickly identifying potential cost saving opportunities that can be presented to the City Council. However, before reaching the public discussion stage we recommend that opportunities and assessments be reviewed and prioritized by an internal Steering Committee. This prioritization activity will be critical - as it will help the project team focus on more detailed data gathering activities that the Steering Committee believes have the greatest fiscal impact and potentially lower political, employee, ar constituent resistance. As you review Crowe's the proposal, we believe it is important to keep in mind that ahigh-value reason for selecting Crowe is our independence. Crowe's approach comes with no preconceived notions about whether a program or service should be restructured, vutsourced, privatized or left alone. We recognize that often there are competing viewpoints about the provision of govemrnent services that, if not analyzed properly and objectively, may lead to the wrong conclusion, resulting in potentially greater cast or inefficiency. Therefore, we believe that our mission is to not only identify programslservicestbat may yield savings if done differently, but also to let the City know when our analysis affirms that a particular service is already being provided efficiently or in a manner consistent with best practices. Concluding Remarks Our proposal outlines a three phased approach. Phase 1 -Initial Assessment is to lay the groundwork and formulate opportunities in a 'Roadmap' that is a portfolio of potential cast savinglrevenue enhancing initiatives that can be reviewed with the City Council in mid-April. in Phase 2 -Assessment Finalization, we'll take the information and feedback from Phase 1 and further detail out specific savings, costs, and initiatives in the portfolio. Phase 3-Implement Initiatives will be the period when we work in concert with your team to start driving real savings by working on specific initiatives. In addition to our detailed approach to the first phase of this project, please find enclosed our price to complete the first two phases. We understand that the City also would like a quote on the cast of doing an implementation phase. However, because the specific opportunities that should be pursued further are not known, ws cannot provide a certain price fnr Phase 3 services. Nevertheless, as part of our overall approach, we have included a diagram that illustrates the "pricelvalue relationship' that may 6e expected far different types of cost-saving [or revenue producing} solutions. In presenting this proposal to you our objective is to meet your exact needs. Thus, if you have certain constraints ar additional objectives that may have a bearing on your project scope and budget we would be very pleased to discuss those further with you. Again, we appreciate this opportunity to present our proposal for your consideration, and if selected, will give the City our closest attention. Should you have any questions or require additional information, please do not hesitate to contact Kevin Smith directly at 214.1332.1789, or through email at kevin.w.smith(mcroweharwath.com. fur entire team is looking forward to providing timely, high-quality, independent, verifiable, cost-effective services to the City of Corpus Christi. Sincerely, Kevin W. Smith, Partner AFFILIATES -Crowe Horvath LLP is an independent member of Cmwe Horvrath International, a Swiss uerein. Each member firm of Crowe Honnrath International is a separate and independent legal entity. Crowe Honnrath LLP and its affiliates are not responsible or liable for any acts or omissions of Crowe Horvath Intemalional yr any other member of Crowe Harvrath Intematianal and spectfiicaly disclaim any and all responsibility ar liability for acts or omissions of Crowe Honnrath lnlemalional ar any other member of Crowe Horwalh International. Crowe Horvath International does not render any professional services and does not have an ownership or partnership interest in Crowe Horvath LLP. Crowe Har~+rdth Irrlernativnal and its other member firms are not responsible or liable far any acts ar omissions of Crowe Horvath LLP and specifically disclaim arty and all responsibility ar liability for acts or omissions of Crowe Har-r~tth LLP, Cost Savings 1 Revenue Enhancement Roadmap Aasassmant [Phase i] City of Carpus Christi, Texas 1. Purpose 1 Goal business Benefit of the Crowe Solution The City of Carpus Christi will receive an operational roadmap that identifies opportunities that may help drive performance improvement results. These opportunities will identify initiatives that the City can implement to either save costs or generate revenue, and will be based on potential privatization efforts, outsourcing, consolidation of functions, and other areas where efficiencies can be gained. These initiatives will be mapped specifically to business drivers that are specific to the City and an assessment of the high-level savings impact of each one will be ident~ed. With this, the City will be have a prioritized portfolio of potential initiatives with an understanding of haw each one effects the strategic business drivers at the City. Specifically, this roadmap will address the following: • Identification of the strategic core business drivers at the City • Establishment of a portfolio of potential initiatives that will focus on reducing cost, gaining efRciency, or increasing revenue through privatization, consolidation, outsourcing, or other operational efficiencies • Establishment of ahigh-level assessment of cost and effort far each initiative, along with potential savings ^ How the initiatives should be prioritized • High level assessment of when the initiatives should be implemented This assessment will 6e presented at the City Council meeting that i5 schedule in the mid-April timeframe. 2. Approach As mentioned in the opening letter, we propose a three phased approach consisting of: Phase 1 ~-Initial Assessment: Laying the groundwork and formulate opportunities in a "Roadmap' that is a portfolio of cost savings !revenue enhancing initiatives that can he reviewed with the City Council in mid-April. • Phase 2 -Assessment Finalization: Using the information presented in Phase 1, along with the feedback received, Crowe wi11 further detail out specific savings, casts, and further define initiatives in the portfolio (identifying resources, specific timeframesy. In this phase, constraints are identified and the plan is adjusted to reduce risks and set each one up far success. • Phase 3 -Implement Initiatives: This is where specific initiatives in the portfolio are started and cast savings and efficiencies can be realized. The remaining sections in this proposal are to specifically outline the approach for Phase 1 - Initial Assessment. Upon success of this phase, Crowe will outline activitiesldeliverables far the additional phases. In Phase 1 -- Initial Assessment, Crowe will identify opportunities for improvement that may help drive pertormance improvement results far the City of Corpus Christi. The team will present these opportunities through the Crowe Roadmap development framework as part of an initial 4-week engagement starting on March 24, 2D1(} and ending an April 2fl, 2t71 a. These plans wi11 be developed with a City of Corpus Christi www.CrDwehorwath.oom ~ff~ Cf7DW~ ~"~IIVdU F. O CopyApM 2010 Crane Horvath LLP Cost Savings t Revenue Enhancement Roadrnap Assessment {Phase S~ City of Corpus Christi, Texas sponsor or steering committee team, who will also be further involved in finalizing the plan and will be responsible for executing it. These services will include: • Identifying the business drivers [approximately 4-B of them} that will ba used to drive prioritization efforts, ^ ldentifying and describing the set of potential altemative initiatives that would be the starting point of a `portfolio' of initiatives that the City could elect to implement, • Developing a 'heat map' fan example is shown below} to subjectively show how the alternative initiatives wi14 impact desired business objectives, Developing a 'bubble chart' {an example is shown below} to subjectively show when initiatives may occur ion a timeline}, a 'back of the envelope' potential savings estimate, and estimated return on investment far each one, and ^ ^eveloping a high level project plan or `road map' fan example is shown below} for implementation. The fallowing illustrations are examples of the key deliverable components that will be in the Prase 7 report: Example 1: The 'Heat Map' shows initiatives (down the left-hand column} and specific business drivers {show above the top}, and a subjective rating of how each initiative maps to the drives {yellow ratings marked 'H', `M', "L"}. A prioritization of initiatives can then be determined. Please note that in the image below, the Initiatives and Business ^rivers will be customized spec~cafiy for the City and will not be the same as shown. a _ * a aF ~s~YY,BrYrYSS [ow~f~-~r~ ^O i Rcd-lYa F:.L~ Y.v~e y ~Yv q1~`y 'w Y ` K Y s~JCea qp ~•~+~ ,Y~n SL.ifti ~+r.r n ~ w +.Y+Y~+ ~ ~ere - .a.a p~.",nl 9,~-, ~y,yt Mulf~rwrm Y Y K Y L 1 M ~~ry ` '~t-~V „y,d L / ~ L ` Y L l is n 3ar~Aw ~•x~ r,.~wl lwr wr~a„rs. arr...r F..~...,sr f„"g~ Y L Y L Y Y l Y Y Y i w Y L l i 4 www.croweho-wath.com ~ Croce ~~u t ~ ~AY+~ 26t0 CrarB HO[wetti LLP Cost Savings 1 Ravenae Enhancement Roadmap Assessment (Phase 1) City of Corpus Christi, Texas Example 2: The °Bubble Chart° shows the portfolio of initiatives. This subjective chart shows the relative position of `Time to Savings° [the `x' axis), compared to'Strategic Importance' ['y' axis). The sire of each bubble is size of savings, and the color represents a different category of the initiative. Please note that in the image below, the characteristics shown will be customized specifrcally for the City. .., ,.-_ -a - .. . €~~~ ~~ .. ~.~ 4'~nr 4' z~ -1 "~ - - - Example 3: The `Roadmap' clearly shows a suggested implementation timeframe for each initiative in the portfolio. Please not that in the image below, the initiatives will be specific to the City. 5 Crowe will deliver the project using appropriate, structured project management tools including: • Working with the City`s project support person ! scheduler to plan for meetings and to facilitate the scheduling of City resources to meet, • Conducting a weekly project update with the City's project executive !steering committee and other designates as desired, • ^eveloping Gantt charts andlor project calendars to visually manage timelines and personnel commitments, A www.crowehorwath.com ~ Gf3DWE ~I'Wd~'1-, C copyiiy~t 2010 Crane Harwafh LLP Cost Savings ! Revenue Enhancement Roadmap Assessment (Phase 1y City of Corpus Christi, Texas • Utilizing excel-based checklists far managing tasks andlor issues, and • Utilizing other tools or communications as appropriate to manage project issues and activities. Summary of Activities 8 Deii~erables for Phase 1 of the Assessment 6 • Introduce Roadmap and review with City Project Steering Committee Roadmap template that ^ Identification of stakeholders will be used 1. Initiate ^iscuss high-level challenges {pain-points} 1-page summaries of all • Understand City's projects and initiatives Roadmap Catalog planned ar in process elements ^ Current-state assessment and analysis through: High-level summary of ^ Interviews each initiative Data requests, extracts, report reviews Results of assessment, 2 Assess • Diagnostic toms, data analysis best practice findings • Assessment of initiatives, efforts, teams and recommendations already in process • Validate findings and get feedback from key Initial Heat Map stakeholders Initial Bubble Chart 3. Formulate and ^ Develop Deliverable - in Powerpoint format Initial Roadmap Finalize present assessment ^ Supporting documentation *Due to the rapid nature of this project, the deliverables in hold vr+ll be based on objective measures and information that can be identified during this effort. The information in this report will be based on a significant amount of subjective analysis. Phase 2 -Finalize Assessment will be used to remove subjectivity and to better quantify the initiatives. Phase Z - Flnalize Assessment Crowe is proposing on the initial steps of this assessment as Phase 1 with the goal to present initial findings to the City Council in mid-April. Upon the acceptance of the Phase 1 high priority initiatives identified, Phase 2 of the assessment will be to conduct several additional iterations of the Roadmap by having further conversations with key stakeholders, identifying a resource plan, and constraints, and further developing savings and RBIs for each initiative. The purpose of this is to reduce the subjectivity of the initiatives presented in Phase 1 by obtaining enough information to eliminate as much risk as possible, which in turn, increases the success by realizing significant savings through transfvrmative changes of your operating model. The goal is to achieve savings of millions of dollars from implementation of the initiatives that are uncovered through this sma11 initial investment. phase S -Implement Initiatives Phase 3 would consist of implementing the initiatives. This includes securing resources, identifying the specific methodology, and building a project plan. The effort to implement these initiatives will vary based on the type of initiative it is. Far example, a reengineering effort will require significantly mare effort and resources than changing a vendor that will provide better pricing discounts far office supplies. Estimating www.~rowehorwalh.cam I!! ~ ~I Q~11~ r M WA~_ O Copyri~R 2010 frvxe Ndwalh LLP Cast Savings 1 Revenue Enhancement Roadmap Assessment Phase 1y City of Corpus Christi, Texas the effort for each initiative will be done after Phase 2 and after project charters and resource plans are developed. 3. Staffing Project Team Qrganization Crowe recommends the following project team organization for Phase 1 -Initial Assessment: 16evin SrcAth - Errgegemerrt ExeaitiYe City or Corpus Christi Project Bert Nuehrirrg, Ann Lattrap -Advisors Sponsor I Steering CommiEtes .IDAR rttlritlYrt ~ Sf1tL~IlOldlff slid Teem ~lerptnr! Delhrary Executlve 7$D L~rrJ4ArB Tam LirJelrsra TSD gait AlaHar ~~~ TBD Crowe A6de ArltonMtl Project Airenspsr t3rwinees Anwlyst ~ ~ Busineae llrpayet Crowe Craws A summary of key rotes and responsibilities far Crowe and the City are outlined below. Crowe Engagement Kevin Smith Perform quality assurance t:xecutlve Participate in meetings with the Project Steering Committee ^ Serve as primary point of contact for the Steering Committee ^ oversee engagement deliverable timetable Engagement Bert Nuehring Advise engagement team and Steering Committee Advisor Ann Lathrop on project objectives ^ Coordinate research activities on project initiatives • Assist engagement team, as needed vwvw.crovvehorwath.eam ~ ~~ ~~~` O COpyrpM 26f 0 Crone Horwafh LLP Cost Savings 1 Revenue Enhancement Roadmap Assessment [Phase 1} City of Corpus Christ+, Texas Delivery John Hurlburt tJversee Crowe's project team Executive A55ilre Client setlSfaCtian Wlth CfpWB Subject Tom Guevara Provide overall guidance and direction to the Crowe Matter Expert project team • Serve as the subject matter expert in local gavemment finance and planning Project Alicia Antanetti Manage entire project, working with City, including Manager project scope, issues, risk, time, people, cast, quality and integration ^ Maintain the master project plan • Facilitate stakeholder meetings • Gversee the creation of all deliverables • Facilitate communication and status reporting {including weekly status reports} • Advise City on planning approaches ^ Lead team through collaborative planning approach Serve as a subject matter expert Business TBD Document all Project TeamlStakeholderroeetings Analysts and interviews ^ Ensure maintenance of library of project documentation ^ Assist with facilitation of meetingsl interviews • Prepare all deliverables ^ Serve as a subject matter expert City Project Lea dership Team and Project Team City Sponsor TBD Monitor the progress of the project Specify needs and requirements far the stakeholder meetings • Help establish the meeting process including proposed agenda, cantac# timeline and deadline far completion • Provide input and feedback throughout project • Review project deliverables • Facilitate project team communication, working with Crowe Project Manager Assist with project stakeholder scheduling • Assist with securing the commitment of human resources for executing the project plan ^ Project subject matter expertise City T6^ Participate in project work sessionslmeeting and 5takehalders interviews, as needed to support the execution of the and Team project plan! feasibility assessment Members Provide input, recommendations and subject matter expertise www.crowehorwath.com ~ Crov--~ ~u E° D Capyriyil solo crows Hawaus L.IP Cost Savings t Revenue Enhancement Roadmap Assessment (Phase ij City of Corpus Christi, Texas 4. Project Plan High-Level Timeline Crowe proposes that Phase 1 start on March 24, 2010 and go through April 19, 2010. This effort would conclude with the presentation to the City Council in the mid-April timeframe. We assume this meeting will be on ar before April 20. 5. Pricing Fee Schedule Listed below is the proposed fixed price for Phase 1. Several assumptions have been made in the pricing of the deliverables, and those assumptions are Hated below. ^ Phase 1 -Initial Assessment, which is the $78,370 development of the Roadmap -Far work between Firm Fixed Price incusive of Fees and Expenses March 24, 2010 and April 20, 2010. $100,000 -$'175,000 • Phase 2 - Finallae Assessment _ A firm fixed Based an past experience, typically t3-1D high priority price will be provided aRer Phase 1. This phase initiatives will be identified. The price range above will be to provide additional planning and remove [inclusive of fees and expenses} is based on the additional subjectivity which in tum, increases the number afbigh-priority initiatives identified and could 6e Chance of suCCes5 to achieve significant savings. higher nr lower based on the number of initiatives identified land the complexity of each} For the City. • Phase 3 -Implement Initiatives Billing Rates for this work range from $130lhr to $25t}fir Please Note: Our objective is to meet your exact needs. Thus, ff you have certain constrairns or additional objectless that may have a bearing on your project stops and budget we would be vary pleased to discuss those further with you. Ws would welcome the opportunity to have an open dialogue about our pricing with you and make adjustmerns where Headed. www.crawehawath.com •"!, ~~~~~ ~~~` O Copyriph[ 2010 [":rOwB HO~wa1h LLA Cost Savings t Revenue Enhancement Roadmap Assessment ~Phasa 1} City of Corpus Christi, Texas 10 Assumptions Crowe has prepared this document based upon our current level of knowledge relating to the project. Therefore, the cost estimates and commitments provided in this document are based on key considerations made related to staffing, system requirements, and future events. Should any of the key considerations documented below prove to be false, or if open issues cannot be resolved, the cost estimates and time commitments we have provided to you may change. Any such change will ba discussed with the City Sponsor through a structured change management process. • The City will provide active and supportive functional area leadership to answer questions, participate in meetings, and support analysis work through personal and team supported assistance. if individuals will not be able to provide input in Phase 1, Crowe will continue with subjective evaluation. • The City will identify a project sponsor who will review and approve deliverable documents within one business day. If deliverable documents are not acceptable, the City will provide information an what is needed to satisfy expectations within 5 business days of receipt of deliverables. ^ Work will primarily be performed on-site at the City of Corpus Christi facility and the Crowe offices. It is assumed the City will provide a conference room for other office space}, conference phone access and intemet access, normal office materials, and a printer for this effort. - Under the guidance of the City sponsor, Crowe will obtain information and insight from the Steering Committee team. - The City will provide an internal scheduler 1 project support person who will coordinate stakeholders` calendars, setup meetings, and manage communication with the appropriate Crows contact. - The City will make the Sponsor, Steering Committee, and other desired resources available for a weekly call to evaluate progress, discuss current issues, and discuss upcoming activities. = The Phase 1 deliverable will be a presentation in a Microsoft Powerpoint format w+th supporting documents determined between Crowe and the City. ^ Activities related to Phase Z of the assessment uv9li not begin until a new Statement of Work is approved by the City. -wwv.Crowehorwalh.oom ~~/1 CfbVlf~ ~~- D Capyri~t zo10 crows HorwaN LLP Cyst Savings J Revenue f2nhancement Raadmap Assessment {Phaas 1y City of Corpus Christi, Texas 11 Resumes Kevin VII. Smith, CPA, Partner Public Sector Services Professional Summary Mr. Kevin Smith has over eighteen years experience in public accounting in a broad range of industries which includes providing audit and advisory services to multiple levels of state and focal governmental. Additianaliy, he has served a speaker for various state Government Finance Qfficers Association, Association of Governmental Accountants, International bridge Tunnel and Turnpike Association conferences, and as an instructor at the Southwest School of Government. Mr. Smith was previously in- charge of KPMG's Callas public sector audit group. Audit Experience Municipalities • City of Azle " ^ City of Allen "' ^ City of Arlington • City of Bentonville, Aft " • City of Carrollton ^ City of Dallas • City of Denton *' • City of Frisco ^ City of Grand Prairie " • City of Irving *" ^ City of Lubbock •• City of McKinney " ^ City of Midland • City of Plano • City of San Antonio •' • Employee Retirement Fund of Dallas Special listricts • Dallas Fort Worth International Airport • Houston Housing Finance Corporation • Houston Metro Transportation Authority ** • North Texas Tollway Authority ^ The Navajo Nation " Counties • Collin County " ' Dallas County *" • Somervell County ** School Districts • Dallas Independent School District " ^ Houston Independent School District " Higher Educe#ion ^ The University of Texas Southwestern Medical Center at Dallas {oMB A-133] "' • University of Arkansas far Medical Sciences " ^ University of Oklahoma ••• ^ Paul Quinn College *** State Agencies • State of Arkansas -State Wide CAFR*" • State of Illinois -State Wrde Single Audit -Various Agencies • State of Oklahoma -Various State Agencies Not for Profit ^ Aman G. Carter Foundation • ArtCentre of Plana • Bass Foundation Carter t3lood Center ^ Catholic Diocese of San Angelo • Cotton Bowl Association " • Dallas 2012 :` • Greater Dallas Chamber of Commerce ^ Harris Methodist Foundation • Lee & Ramona Bass Foundation • Meadows Foundation • National Math and Science Initiative ^ JG Penny Afterschool Fund • Performing Arts of Fort Worth • Presbyterian of Dallas Foundation • Sid Richardson Foundation ^ Work Source for Dallas County Health Care ^ Dallas County Hospital District • Midland Gaunty Hospital District "" • Flower Mound Hospital Partners ^ Sautl}west Imaging Center Partnership ^ Physicians Medical Genter • Rockwall Regional Hospital ^ 5authlake Specialty Hospital • TpHR LLP • Texas Health Resources www.crvwehorvvath.com /fI~ ~I~VIIQ f'-M V1~th. D Capyripht 21110 Crowe Hwwath LLP Cost $avings !Revenue Enhancement Roadmap Assessment [Phase 1y City of Carpus Christi, Texas • Federal Cnmptiance audit performed in accordance with OMB Circular A-133 ** Served aspre-issuance review partner *** Served as lead engagement manager prior to election to partnership Consulting Engagements Financial Ad~risory - Departmental Costing Analysis o North Texas Tallway Authority -Automated to11 collections ^ Implementation of GASB 34 0 State of South Carolina -- OfFice of the Comptroller General o Cities of Da11as, Fart Worth, Frisco, Irving, and Plano • Operational and Procedural Audits o City of Dallas -Police and Fire o City of Dallas -Landfill & Solid Waste n City of Dallas -- Fleet Maintenance o City of Dallas -Streets o City of Da11as -Finance o Dallas Independent School District -Custodial Services and Flee# Maintenance City of New ^rleans -Finance Department o City of McKinney -Economic Development o City of Irving - l=t.onomic Development Business Process Reengineering - Development of Strategic Plan o Oklahoma Department of Transportation o North Central Texas Council of Government -Workforce Operations o City of Fart Worth -Financial Management Policies - Fund Structure and Chart of Accounts a Dallas -21 Q12 -Not-far-Profit ^ Procedures Manual Development a Finance Department a Grant Department - City of Fort Worth -Year End Closing and CAFR Preparation Certifications Certified Public Accountant -Texas Professional Affiliations American Institute of Certified Public Accountants Texas CPA Society Association of Governmental Accountants Govemment Finance Officers Association -Certificate of Excellence Reviewer Govemment Finance Officers Association of Texas Past Advisory Board Member of the Southwest School of Govemment Education East Central University, Ada Qktahoma Bachelor of 5crence irf Accorlnfing, with Honors 12 www.crowehorwath.com ~•/1 L.r~1Ne ~CZIi f. O copyri¢d 201v Crowe Horwam 11P Cost Savings 1 Revenue Enhancement Rvadmap Assessment Phase 1) City of Corpus Christi, Texas 13 Bert Nuehring, CPA Partner Professionat Summary Mr. Bert Nuehring has over twenty-four years experience in public accounting. Mr. Nuehring has experience providing services to the government, not-far-profit and private industries. He has participated innumerous municipal, state and local governmental audit and consulting engagements. State and l*acal Go--ernmen# Experience Schtaoi Districts Counties Community High School ^istrict #15fi* Hamilton County, ^hia Elgin School District U-~ifi* Cook County, Illinois* Crystal Lake Community Consolidated School Kane County, Illinois' *` District No. 47* "' Sangamon County, Illinois' EvanstanlSkokie School District #65* Wr1k County, Illinois' *' Macomb Community Unit School District #185* St. Clair County, Illinois *. Plainfield Community Consolidated School District #202* ** Reed-Custer Community Unit School District #z~~u* •• Valley View Public 5chools* ** Woodridge School District #fi8* ** Municipalities City of Berwyn* City of Decatur' ** City of Springfield* ** Village of Bensenville' *" City of Fart Worth Village of Hamewaad* '* Village of Rantaul• '* Tovrnship of Addison City of Chicag^ City of East St. Louis Spedal Districts Chicago Housing Authority Chicago Park District Chicago Transit Authority' Metropolitan Water Reclamation District of Greater Chicago* ** Metra* Pace-Suburban Bus Division of the RTA* State Agencies Department of Agriculture Department of Corrections Department of Commerce and Economic opportunity Department of Human Services Department of Nature! Resources Department of Public Aid Department of Public Health Department of Rehabilitation Services* Department of Revenue Department of Transporkatian* ^epartment Workforce Development Illinois Finance Authority Educational Facilities Authority Emergency Management Agency' Environmental Protection Agency State Board of Education Department of State Police Student Assistance Commission' Higher Education Chicago State University Governors State University Moraine Valley Community College' '* South Suburban College* *' University of Illinois' ' Federal Compliance audit performed in accordance with t7MB circular A-133 ** Current Recipient of GFQA or A$BC Certificate of Achievement for Excellence in Finanr~al Reporting '8erf's CPF records are avarla6le upon request. www.crowehtxwath.cam /~I~ LIf7DWe k-bl'WL7u 1. O Capyripht 2D70 Crowe Horvralh LLP Cast Savings !Revenue Enhancement Raadmap Assessment [Phase i} City of Carpus Christi, Texas Consulting Engagements • American Recovery and Reinvestment Act {ARRA} Compliance and Reporting Assessments • Subrecipient Monitoring Process Design and Cutsaurcing • QMB Circular A-87 Compliance ^ Audit Finding remediatian ^ Federal and State Grant Accounting and Reporting ^ Comprehensive Annual Financial Report {CAFR} Preparation and Consultation ^ Cash Flow Forecasting ^ CDBG and HUD Compliance Training Manual ^ Enterprise Fund Ra#e and Cast Analysis • Federal Cognizant Determination Letter Special Procedures ^ Federal Compliance Eligibility, Analysis and Report Preparation ^ Technical Assistance on GAAP and Financial Statements and related Procedures Devefopmen# ^ lilinois {Statewide} GASB 34 Readiness • Illinois {statewide} GASB 34 Implementation • operational Audit of the Implementation of Enforcement Programs ^ Requirements Analysis and Restructuring of Lang-Term Debt ^ operational Audit of the Implementation of Enforcemen# Programs Certifications Certified Public Accountant -Florida, Illinois, Missouri, Arkansas, ^hio, Califamia Profes$ivnal Affiliations American Institute of Certified Public Accountants Association of Schaal Business Officials International -Accounting, Auditing and Budgeting Committee Certificate of Educational Achievement -Governmental Accounting and Auditing Government Finance Officers Association -Special Review Executive Committee Illinois CPA Society -- Govemmentai Executive Committee Education Wartburg College, Iowa Bachelor of Arts irr Accounting 14 www.crowehonrvath.oom /~/\ ~r~ ~'~I'WL7u 1, O Capyn~t Zfl1Q Crowe Hawam LLP Cost Savings 1 Revenue Enhancement Roadmap Assessment IPhase 1} City of Corpus Christ+, Texas 15 Tom Guevara -Senior Manager Public Sector Services Professional Experience Mr. Guevara is a Senior Manager for the Government Finance division of our Public Sector Services Strategic Business Unit. Mr. Guevara has over 20 years of management experience serving both state and local govemment, specializing in the areas of public finance, budgeting and information technology management. He is responsible far municipal client deliverables in Indiana and Illinois, and serves as relationship manager for same of Indiana's largest cities. His experience covers a wide breadth of client financial public finance needs and solutions. Areas of Expertise Some of the engagements Mr. Guevara has managed include: Health and Hospital Corporation of Marion County, Indiana, Financial Advisory Provided financial advisory services fora $684 million new money band issuance for the financing of a new hospital, ambulatory clinic, related facilities and renovations to existing facilities. These bonds were sold at two safes of two series each using both traditional tax-exempt bonds and Build America Bonds direct payment subsidy bonds. Services included preparation of financial information required for voter referendum, advising the Corporation on issuance amounts and #iming, monitoring market conditions to determine issuance amounts, advising corporation during pricing calls, working with underwriters and structure adjustments, and review of related financing documents. Indiana Bond Bank, Fuel Hsdging Program lmpfementing an innovative program to use financial swap agreements to hedge price volatility in the purchase of gasoline and diesel. This program was recently implemented as a pilot program for six of Indiana's largest cities and has been expanded to include other governmental units in Indiana for FY 2010. Gther participating units include school corporations, other cities and towns and counties. Warrick County, Indiana, Economic t7e~efopment Commission Provided analysis of a financial projections and feasibility far the proposed X350 million Vllage Earth Project. Services provided include estimation of tax revenue from sales, income and property taxes, as well as testing assumptions of the proposed education, entertainment and private development hotel, restaurants and recreation amenities} portions of the project. In addition, Mr. Guevara has prepared an economic impact study for the project to measure the direct and indirect economic impact of the construction project and operations of the Vllage Earth on area jabs, earnings and output utilizing Bureau of Economic Analysis' RIMS II model. www.crowerwrwath.cam ~ [f+D1111e ~Wd~l. D Capyr;yd 2v10 crows Horwatn LLF Cost Savings !Revenue Enhancement Roadmap Assessment Phase 1y City of Carpus Christi, Texas 1fi Village of Elmwood Park, Illinois Provided an analysis of tax increment financing termination procedures for the Village`s tax increment area in order to maximize revenues that may be received from both property taxes and sales taxes [state and local} at termination and in the immediate three succeeding years after termination of the property tax component of the Ti F. Procedures required under the Illinois Compiled Statutes were reviewed, with specific recommendations sent to the Village's outside attorney for review and concurrence. Howard County, Indiana, Delphi and Chrysler Bankruptcy Rainy Day Fund Loans, Local option Income Taxes Implementation, and manufacturer abatement analysis Worked with County Auditor, County Council, County Commissioners and key department heads to identify harrowing needs of the County and County units due to the non-payment of personal property taxes discharged under bankruptcy proceedings. Worked with elected County Officials, State Office of Management and Budget, Department of Revenue, Department of Local Government Finance, and local City officials to implement supplemental County Option Income Taxes far funding the County's jail and juvenile detention center and providing property tax relief. Analyzed abatement farms submitted by a major manufacturer to determine if claimed deductions were calculated correctly. Resulting analysis provided to County showed claimed deductions were millions of dollars higher than allowed under state law and regulations. Prior Experience State of Indiana - Indianapolis, IN Chief Information t7fficer -Family and Social Services Administration • Responsible for information technology projects and expenditures in excess of $140 million annually, serving over 8500 agency users statewide. • Developed agency's strategic plan for information technology • Responsible for performance of aver 250 staff and contractors • Negotiated multiple service contracts which included service level agreements and performance incentives State of Indiana -Indianapolis, iN • Assistant State budget ^irectorlHealth and Human Services Division -Indiana State budget Agency • Supervised division and budget analysts, including development of two-year operating budgets far three state health and human service agencies, totaling over $3 billion in annual expenditures Approved quarterly apprapriatian allotments far State Department of Health, Department of Veterans Affairs and Family and Social Services Administration • Conducted efficiency and expenditure studies and worked with both the Executive and Legislative branches on policy and budgeting issues affecting the performance and funding of each agency Indiana lJniversity - Bloomington, IH School of Public and Environmental Affairs Adjunct Instructor • Instructor in budgeting, financial management and public management far bath undergraduate and graduate level courses. www.crowehorwath.cam ,'I ~ C~ ~au F~ D GopyriyR 2010 Crowe Norvrath LLP Cost Savings 1 Revenue Enhancement Roadmap Assessment [Phase 1) City of Corpus Christi, Texas City of 6loomingtan - Bloomington, IH Controller Prepared, presented and administered city's annual budget. Participated in financial and project planning leading to the implementation of over $t3l} million in new capital projects, including worts required to issue bands, negotiate leases, and as needed, gain approval of financing plans from oversight commissions and the legislative council. • Responsible for preparation of City's Comprehensive Annual Financial Report. Received GFCA Award for Excellence in Financial Reporting each year • Member of the Mayor's Policy Team American Management Systems, Inc. -Fairfax, VA • Principal • Project Manager: City of New York Human Resources Administration ^ Project Manager: State of Colorado ^epartment of Human Services • Project Manager: State of Chia ^epartment of Human Services Edu~atian Indiana University, Bbomington, Indlana Master of Public Affairs, Finance Bachelor of Science, Marketing 17 www.crowehorwath.cam ~ ~~~~ ~~~ O Copyfiph! 2010 Croxe liorwalh LLP Cost Sa~ings 1 Revenue Enhancement Raadmap Assessment [Phase 1) City of Corpus Christi, Texas 18 Alicia Antanetti-Tricker Professional Summary _________ _________.___~_ ~__._.__ Industry Focus Govemment and Justice Business Expertise ~ Project management, strategic planning, program evaluation, shared services, and business process review and redesign. Certifications PMP: Project. Management Professional, Project Management institute ~~ Experience Industry Government Glient Division of State Court Administration Project State-wide Court Case Management System Implementation Rote Project ManagerlProject Management Support ^ Created strategy, approach and plan for the deployment of a statewide case management system far pilot courts, in preparation to deploy the system statewide to over 32Q courts in 92 counties. ^ Managed risk, scope, issues, communications, resources and change far project team. ^ Managed third party software provider and provided leadership and guidance to the project deployment teams. Industry Criminal Justice Client County Prison Project Prisoner Movement Study Role Subject Matter Expert Provided expertise to project #eam in the area of justice and public safety as well as providing project management support to the project team. Industry Criminal Justice Client Courrty Sheriffs ~ffsce Project Jail Oversight Committee, Phase 3 Role Worlcgroup Project ManagerlFacilitatorl5ubject Heifer Expert • Led the Jail Alternatives Committee working group in the identification, research and prioritization of alternatives to incarcerations far their county. • Provided support to the Working Group and Data Committee. Industry Government Client City Department Project Economic Impact Study Role Project Manager and Lead Anaiyst • Conducted an economic impact study that involved analyxin~fiscal impact,/d~irect economic imQact www.crpw~ehonvath.eom ~II~ ~~~~I~ ~~. C copyrgln 2010 crows Horwalh LLP Cost Savings 1 Revenue Enhancement Roadmap Assessment (Phase iy City of Carpus Christi, Texas t9 and indirect economic impact for the city.-- - - -- ~ _~ - _ _-_ -__- _-_ .. . _ _- _ Industry Government Client Social Services Agency Project ERP Implemanta6an 1 People5oft Financials Role Project Manager -- Business Process and Training Teams • Led the business process team in the understanding of current business processes and the documentation of future state business processes that utilize the general ledger, accounts payable, accounts receivable, billing, grants management and customer contracts module. • Led the training team in the development of framework and materials for training subject matter experts and end-users on the accounts receivable, billing, grants management and customer contracts module. • Created templates and approaches as well as executed project plans for training and business process documentation. industry Government Client County Auditor Project Property Tax and Billing System Selection Role Project Manager • Led and managed the team to create a Request for Proposals {RFP} to select a new property tax and billing system for the county. • Facilitated information gathering sessions to determine system functional requirements. Created the RFP document and coordinated it's release to vendors. • Facilitated the bidders conference and interview sessions with select vendors. = Managed project scope, timeline, risks, issues and budget. Industry Government Client Qepartment of Administration, Division of Enterprise Techndogy Project Shared Services- Server Consolidation I Shared Information Services Role Project Manager -Agency Review and Rollout of Services • Led and managed a team to document current IT infrastructure business practices for 28 state agencies and design future state profiles far each agency under the shared service model. _ Facilitated the design of the enterprise shared services strategy and designed the approach and methodology for individual agency transitions to the new service model. • Led a team to rollout share services to state agencies, including design and management of overall project plan and management of risks and issues. Industry Financial Institution Client Bank Project 5arbanes-Oxley 4C4 Implementation www.crowehorwath.com ~ ~~~ ~~ f- D CopyrVpM 2010 CrOwa Horwslh LLP Gost Savings !Revenue Enhancement Rcadmap Assessment [Phase iy City of Corpus Christi, Texas zo Role Projed Manager ^ Managed the implementation of the 5CX Section +t04 implementation including the documentation and testing of internal controls. Industry T T Criminal Justice Client County Planning Council Project Criminal Justice System Strategic Plan Project Result Developed a 1 Q-year public safety strategic plan for the adult and juvenile corrections and adjudication communities. Role Lead Analyst • Facilitated sessions with justice community leaders and staff to identify systemic issues, determine and prioritize strategic to address those issues and identify potential resource options to support the plan. Industry W -~- f Justice Client State Judicial Center, Court Alcohol and Drug Program Project Court Alcohol and Drug Program Curriculum Checklists Project Result Developed a procedure and checklists as well as constructed several sample forms and cover letters to provide educational support far a court alcohol and drug program. Role Project Manager • Established a standardized procedure and checklist to be used by the agency when determining whether a curriculum meets the substance abuse education provisions of the rules for court- administered alcohol and drug programs. ^ Es#ablished a standardized procedure and checklist to be used by the agency when deterrrrining compliance with the educational requirements of the rules and communicating an explanation of denial to the submitting court regarding program curriculum through standardized farms. Industry - _YWV~Justice Client State Superior Court, Probation Department Project Business Process Review, Redesign and Implementation Project Result Redesigned process fvr intake that reduced a series of activities from over 4Q days to one day. Redesigned the pre-sentence investigation process to complete reports for in~ustody defendants within 21 days, which would positively impact jail overcrowding. Significant changes to casework and response to non-compliance which resulted in more time for probation officers to spend in the field supervising probationers. Role Project Manager and Ca-Facilitator • Reviewed and redesigned the processes for the intake, casework, pre-sentence investigation and response to noncompliance functions. Industry t;ovemment Cllerrt State Dept of Counter-Terrorism and Security Council al.. -._..~-..._.._._.__ __._._w~vw.crowehorwath.wm _._-_-_----~ -C~ [ELI r.-- O Capyri~t 2010 CrwvB HorwaUi LLP Cost 5aWn~s !Revenue Enhancement Roadmap Assessment (Phase i] City of Corpus Christi, Texas 21 Project Enterprise Project Management Application and Support Rols Lead Analyst • Implemented and supported aweb-based taaf far management and collaboration of critical counter- terrorism projects across m~ltipfe state agencies. ^ Designed and delivered project management education courses to users of the web-based project management tool. Industry Criminal Justice Client County Agency, Conditional Release office Project Criminal Justice System-Wine Strategic Plan Role Project Manager and Lead Analyst • Provided oversight for the implementation of a redesigned process for the pre-trial services agency. • Served as the process improvement analyst en the team that redesigned the process. • Prepared and maintained client deliverables including workflow diagrams, written reports and presentations. Industry Nan Profit -Intervention and Prevention Client State Homelessness Coalition Project Board of Directors Consulting Project Result Developed a transition plan from the current membership model to the proposed new model. Role Lead Analyst = Assessed the current state of the BDD and recommended a new structure to be aligned with the new strategic direction of the ^rganixatian. ^ Collected data and made recommendations based on best practices of hoard membership models. Industry Justice Clisnt State Superior Court Project Traffic Division Case Management Process Review and Redesign Role Project Manager and Lead Facilitator ^ Performed process review of court case management practices and redesigned areas for improved efficiencies in the Traffic Division. • Facilitated a process in which the team analyzed the current process then had each team utilize benchmartcing resources, brainstorming and best practices ideas to create a new streamlined and more effective case management workflow process for the traffic division of the court. Industry Client Project Justice State Superior Court Case Management Process Review and Redesigns of the D Felony, Domestic Violence and Civil Court Divisions www.crowehorwattl.cam ~ ~~ ~a~ {- D copyngFn Pot 0 Crowe Hawa~ LLP Cost Savings 1 Revenue Enfiancement Roadmap Assessment tPhase 1] City of Corpus Christi, Texas 72 Role Process Improvement Analyst • Performed process review of court case management practices and redesigning areas for improved efficiencies in the D Felony, Domestic Violence and Civil Divisions. • Facilitated a process in which the team analyzed the current process then had each team utilize benchmarking resources, brainstorming and best practices ideas to create a new streamlined and more effective case management workflow process for the traffic division of the court. Industry Government Client Department far Local Government Project Evaluation of the Community Development 131ock Grant Program Project Result increased training far grant administrators, an improved Federal funding draw down rate, and increased communication with community leaders responsible far housing and infrastructure development. Role Analyst • Pertormed a program evaluation of the distribution of community development block grant funds to non~ntitlement towns and cities. Pu~tications and Speaking Engagements • Perspectives, the Journal of American Probation and Parole Association, Better, Cheaper, Faster - Applying Business Process Redesign fo Probation {Fall 20174} ^ International Institute of Business Analysis -Central Indiana Chapter, `The No Guessing Approach to Requirements Gathering" {91107} Indiana Digital Government Summit, "Shared Services' rit}t310B} • American Correctional Association, `Probation Process Review and Redesign: Qne Court's Experience --Marion Superior Court Probation ^epartment" (07144} Pt'v€essianal A~Filiations • Project Management institute {PMI] • Project Management Institute -Central Indiana Chapter [PMICIC} Education Indiana University, Bloomington, Indiana Master of Public Affairs (MPA), Policy Analysis University of California, Dads, Davis, California B.A., Polificai Science and Sociology www.~rowehorwath.rom •`~~ ~ ~ Hal1i-rdt~l_ D Copynyri 20f 0 CsOw@ Hpwalh I.LP Cost Savtngs 1 Revenue Enhancement Raadmap Assessment {Phase 1) City of Corpus Christi, Texas 23 John M. Hurlburt, Principal Prafessianai_ 5umma~r Industry Focus Government Business F~cpertise Health and human services, criminal justice, transportation, treasury, education, and administration. Ex erience __-L------------- -- -- --_._....------_----~--- ------------- ---- Industry Government Client State Agency Role Project F~cecutive • Provide oversight for the external communication and outreach activities to service providers and community organizations that serve public assistance clients ^ Manage a team in developing a voluntary community network consisting of these organizations and providers across the state to better serve their clients when applying far public assistance Industry------- - -- -- --Government Client State Agency Role Project Executive ^ Led effort to define process efficiencies and new technology requirements in their Violent Crimes division • Provided oversight in analyzing the backlog of claims in the Violent Crimes division, along with finding ways to maximize revenues to pay these claims. Industry Government Client State Educatlon pepartmerrt • oversight of an effort to identify process efFtciencies within the Professional Standards Division focusing ^n teacher's licensing • Worked with division director and leadership team to strategically identify organizational changes and efforts to improve their processes. • Coached leadership team to get staff buy-in, by farming project teams, and focus on ways to improve operations and enhance the customer experience. industry Government Client Department of Transportation ^ Led efforts to redefine way local firms respond to client's construction projects where federal matching dollars are used • oversaw a collaborative effort where local public agencies, professionals and the federal oversight liaison developed new processes for responding, letting, and contracting for new projects. www.crowehorwath.oo m I~ Crnwe Horwath_ G CapyrpM 2070 Crowe Horwa~h LLP Cost Savings l Revenue Enhancement Roadmap Assessment Phase 1y City of Carpus Christi, Texas 24 Industry ----- ---- .Govemment Clisrrt State Agency • Played a role similar to a CIQ role at a point the new executive team was developing the agency business plan. This included the initial development of an information technology plan that was to support the business plan. • Initial steps were to inventory the systems currently in use and start to create a plan to consolidate them. • This role concluded with the hiring of a full time CIQ. Industry Govemment Client Department of Administration Qrganized, planned and managed the initial phases of an initiative to consolidate LT infrastructure hardware into a centralized agency [server consolidation}. This effort included working with approximately 4a agencies under the executive branch in the State. The plan and justification showed how the State, through a collaborative approach, could save several million dollars a year through this initiative by Consolidating IT infrastructure, having a single agency support this infrastructure, and have this single agency provide services back to the other agencies. The initial phase was to perform an assessment which included the fallowing: a} identification and inventory of IT hardware, software and support personnel, by creating a conceptual design that focused on having the centralized hosting agency provide services to the other agencies, not just on consolidation and movement of hardware, c} providing estimates of casts that this effort would incur, and the savings that would be generated, and d} a preliminary implementation plan including timing and staffing far the initiative. This phase also focused on identifying the additional staffing needs far the centralized agency, and the savings that would be achieved through the organizational changes that would need to occur within all the other agencies being supported. This organizational plan was used as input for the biennium budget that was being developed. Industry Govemment Clisrrt department of Treasury Implemented amulti-million dollar software development project which consisted of developing a system that would receive, evaluate, award, and track students attending public and private universities receiving state funded scholarships and tuition grants. This system is used to manage the over $12U million in awards given to students on an annual basis. The system also extended the State's capabilities to award and monitor additional programs resulting in millions of more dollars being distributed to post-secondary students. In addition, it enhanced the State's ability to collaborate with the 11 a universities and institutions in the state of Michigan, the students and the high schools. This project interfaced with over six other agencies or departments and included approximately a 1 Q person consulting team working with a 75 person client team. Industry Financial Institution Client Private Bank, Intematianal • Consolidated several internal departmental help desks throughout the organization into on consolidated client service center and rear anized the IT ar anixation to have one centralized Pra~ram Management www.crawehorwath.cam /~ ~f~ Hofwadl_ O Copyny% 2at0 Crowe Honvetlf L!P Cost Savings 1 Revenue Enhaneament Roadmap Assessment iiPhase 1y City of Corpus Christi, Texas 25 Office (PMD}. This effort saved the bank aver $800,000 in casts on an annual basis. • Provided expertise in the restructuring of both, the Information Technology group snd the ~peratians group to report to a single executive vice president. This effort included streamlining the number of direct reports to the executive level, identifying and leading the transition projects and activities, and developing and executing the communications plans. Industry ~ Financial Institutions Client Private Bank, International Transitioned a custom, in-house development information technology department to a 90-member group that can support the new third-party vendor applications that are used to run the business. Nat only was the organization replacing their existing customized systems, they were also in-sourcing the infrastructure and service desk functions that were previously outsourced. The purpose of this effort was to reduce the overall operating casts of the bank. Ensured the proper staffing and skills were developed to support the new systems being implemented. This included mapping out the new IT organization structure, identifying the requirements of each position, staffing the organization, and ensuring readiness to support the new systems. Support did not only mean staffing, but also was defined by making certain the software applications could be supported and the IT processes were in place. This new group had four elements to it; Infrastructure, Client Services ~heip desk}, Business Solutions isoftware development, project management, database support), and Service & Duality [quality control}. This new IT group supports all information technology functions throughout a 1,540-employee bank. Industry Financial institutions Client Private Sank, International • Assessed the infrastructure projects related to an overall systems implementation, which involved reviewing the status of the ongoing projects and coordinating the implementation of better project management controls and policies. • The infrastructure portion of this project included replacing all voice and data ne#works throughout the main offices and the 52 branches, building new data centers, implementing enterprise backup solutions, converting to MS Exchange, and rolling out new PCs installed with new systems software throughout the organization. • The assessmen# included working with management and all project leads to plan and track projects better, defiine and decvuple dependencies between projects to reduce risk, and increase communication between all groups. ^ The purpose of this project was to establish an infrastructure that could be supported intemaNy instead of being outsourced. This was a temporary position held far 3 months until a permanent replacement was identified. Industry Government Client State Education Department Implemented aweb-based framework that collected student information. ^ Developed a system that would allow the state to collect information on every student in the State from kindergarten through twelfth grade. This was a collaborative system that extended from the Department of Education to every 5choal Corporation and school building in the state. ^ The u ase of this project was to support new state law that focused an accountability in the _ - www.crowehorwath.oom `.~ A CroVlle ~"~QIWCZu !- O Copyriyit 2010 Craws Fiawatn lLP Chat Savtngs 1 Revenue lwnhanrement Roadmap Asseaament (Phase 7y City of Corpus Christi, Texas zs classroom. Industry Government Client State Police Department - Analyzed current workflow and systems to design a new integrated system that supported the tracking of automobile crashes. ^ This role required planning all project steps, coordinating business meetings, collecting the business requirements, and ensuring client satisfaction. Industry Manufacturing Client International Pet Food Manufacturer - Managed million-dollar supply-chain business system project, which involved supervising 2~person consulting implementation team working with 20-person Gient team, and overseeing overall project success. - This project included integrating multiple packaged solutions with custom developed iBM Websphere web interfaces and provided the client interfaces to ensure inventory availability to their national accounts through third parry distributary. ^ Through acquisitions, this company had new go-to market channels that their existing direct store delivery [DSD] systems could oat support. This project was to implement new systems to support the increased number of customer orders and shipments to the additional retail outlets. Industry Government Client State Transportation Department - Analyzed the effectiveness of a 17D member iT group to support a 3,0170-member agency divided into six autonomous divisions. - Collaborated with and organized feedback from all the division directors, as well as from the IT director and chiefs, gained consensus and presented feedback to the agency. • Devised short, medium and longer-term steps to improve and assess the impact these would have an the organization. Industry Government Client Professional Standards Board ^ Analyzed current workflows and systems to design a new integrated system that supported the agency to track teacher licenses as well as their external business partners and customers. • Managed timeline and budget of a three person consulting team, planned all project steps and business meeting sessions, collected and analyzed new business requirements, and ensured client satisfaction. ^ The purpose of this project was to determine the effectiveness of the existing systems to support the changing business processes and to provide a roadmap for new initiatives to be executed. Professional Af#iliations - Member of the Board of Directors for the Bays and Girls Clubs of Indianapolis serving over 12,000 youth in 10 locations across the city. www.crowehorwath.cam '• F ` ~ro~ ~a~l, o copyriom zo+o crome tiorwem uP Cast Sa-+Ings l Revenue Enhancement Roadmap Assessment (Phase 1) City of Carpus Christi, Texas 2T Project Management Institute {PMI] • Member of the PMk-CIC [Central Indiana Chapter Education kLbwling Green State lJni--ersity, Bowiing Green, Ohio @achetar of Saer+cs in Computer Screnoe „y,~„r.~,~,,o,r„~,h.~~, //~ Crowe 1-lorwath_ O CppyApht 2010 Crory HprwAM LLP Cost Savings t Revenue Enhancement Raadmap Assessment [Phase 1} Gity of Corpus Christi, Texas 28 Ann Lathrop, CPA, Partner Professiona# Summary With over 20 years of experience in bath the private and public sectors, Ann currently leads the Market Development and Sales ~MDS} group for Crowe Horvath LLP [Crowe}. MDS consists of aver $I] professionals who are responsible for marketing strategy, advertising, branding, web development, social media strategies, publishing, marketing execution, lead generation, inside sales, proposal development and field safes compensatipn management. Ann is also an executive member of the Crowe Relationship Management team that provides learning opportunities for key executives in sales and business development. Ann's focus is not just internal to Crewe but also includes a strong client relationship with the City of indianapalis. Ann is the key account executive and has participated in many projects over the past five years including: stimulus monitoring and reporting, financial process reviews, IT strategic plan, shared services analysis, operational efficiency study, and budget book redesign. Prior to joining Crowe, Ann held executive positions with Affiliated Computer Services, Lockheed Martin, and KPMGIBearing Point. Ann has also held various roles in the public sector since 1991. Ann currently serves as President of the Capital Improvement Board ~CIB}. The CIB is a municipal corporation of Marion County, IN tree#ed to finance, construct, equip, operate and maintain any capital fatalities ar improvements which promote and serve the commercial, industrial and cultural interests of Indiana and its citizens. The CI6 operates the Indiana Convention Center, Lucas Dil Stadium, Conseco Fieldhouse, Victory Field, Vrginia Ave Parking Garage, and Capitol Commons, all located in downtown Indianapolis. Ann was named President of the Board in January 2Di t]. She is the first woman to hold this past. Ann was also the first woman named City Controller for the City of Indianapolis in 1997, where she served as Deputy Controller prior to that. Ann also served as part of Mayor Greg Bollard's transition team and led a fiscal review for the city after Bollard's election in 2afl7. She has also served as the Chief Financial Officer for the Department of Metropolitan Development. Ann is a current member of the AICPA and serves on the fallowing boards: • President, Indianapolis-Marion County Capital Improvement Board ^ President, Ft. Harrison Reuse Authority • Member of the Indiana Convention and Visitor Association tICVA} Board www.erowehorwath.oam ~ ~f~llllt? HQrWd~}l- D CapyripM 2v1Q crows Horvath LLP Exhibit C Crowe Horwath LLP Standard Engagement Terms The Consultant wants the City to understand the basis under which the Consultant offers its services to the City and determines Consultant's fees, as well as to clarify the relationship and responsibilities between the City and the Consultant. These terms are part of the Consultant's engagement letter and apply to all future services, unless a specific engagement letter is entered into far those services. The Consultant specifically notes that no advice the Consultant may provide should be construed to be investment advice. CITY'S ASSISTANCE -For the Consultant to provide its services effectively and efficiently, the City agrees to provide the Consultant timely with the information the Consultant requests and to make City employees available for Consultant's questions. The City will also provide the Consultant's personnel with access to the Internet (if available}. The availability of City's personnel and the timetable for their assistance are key elements in the successful completion of the Consi-ltant's services and in the determination of Consultant's fees. Completion of the Consultant's work depends on appropriate and timely cooperation from the City's personnel; complete, accurate, and timely responses to the Consultant's inquiries; and timely communication by the City of all significant accounting and financial reporting matters of which the Consultant is aware. If far any reason this does not occur, a revised fee to reflect the additional time or resources required by the Consultant will be mutually agreed upon, and the City agrees to hold the Consultant harmless against all matters that arise in whole or in part from any resulting delay. If circumstances arise that, in the Consultant's professional judgment, prevent the Consultant from completing this engagement, the Consultant retains the right to take any course of action permitted by professional standards, including declining to express an opinion or issue other work product or withdrawing from the engagement, after the Consultant gives the City five work days written notice of the breach and sets out a reasonable opportunity to cure. THIRD-PARTY PROVIDER -The Consultant may use athird-party service provider in providing professional services to the City which may require the Consultant sharing the City's confidential information with the provider. If the Consultant uses athird-party service provider, the Consultant will enter into a confidentiality agreement with the provider to require them to maintain the confidentiality of the City's confidential information. The terms of the Consultant's engagement letter and these engagement terms shall apply to any third-party provider. CONFIDENTIALITY -Consultant will maintain the confidentiality of City's confidential information in accordance with professional standards. The parties understand that the City ^f Corpus Christi is a Texas home-rule municipal corporation, a local governmental entity organized under the laws of the State of Texas, and subject to, inter olio, the Texas Public Information Act (Chapter 552 of the Texas Government Cade) and the Texas open Meetings Act (Chapter 5S 1 of the Texas Government Code). City agrees not to disclose any proprietary or confidential material City obtains from Consultant without Consultant's prior written consent unless (1) the Office of the Texas Attorney General (GTAG} has issued a ruling to release the information; {2} the City is otherwise required to disclose or release the information by law; ar [3} the disclosure is contemplated by the parties under this engagement. Consultant retains the right to use the ideas, concepts, techniques, industry data, and know-how Consultant uses or develops in the course of the engagement. City agrees to the use of fax, email, and voicemail to communicate both sensitive and non-sensitive matters; provided, however, that nonpublic personal information regarding City's customers or consumers shall not be communicated by unencrypted email. CHANGES -The Consultant may periodically communicate changes in laws, rules, ^r regulations to the City. However, except as it relates to and impacts the scope of services under this Agreement, the City has not engaged the Consultant and the Consultant does not undertake an obligation to advise the City of changes in laws, rules, regulations, industry or market conditions, the City's own business practices, or other circumstances, except to the extent required by professional standards and as such changes may impact or directly relate to the services described herein. ND PUNITIVE DAMAGES -Any liability of either party shall not include any special, punitive, ar exemplary damages or loss nor any lost profits, savings, or business opportunities. MEDIATIQN - If a dispute arises, in whale or in part, out of or, related to this engagement, ^r after the date of this Agreement, between the City or any of the City's affiliates or principals, and the Consultant, and if the dispute cannot be settled through negotiation, City and the Consultant agree first to attempt, in goad faith, to discuss, consider and come to a mutual decision regarding whether it is in the best interest of both parties to first try in good faith to settle the dispute by mediation before resorting to litigation ^r any other dispute-resolution procedure. An agreement to mediate must stipulate that the results of mediation shall be binding only upon agreement of each party to be bound, and may stipulate that each party will be responsible fai~ their awn costs of any mediation. LEGAL AND REGULATORY CHANGE -The scope of services and the fees far the services covered by the accompanying agreement are based on current laws and regulations. If changes in laws or regulations change the City's requirements or the scope of Consultant's work, the City and the Consultant agree that the Consultant's fees will be modified to a mutually agreed-upon amount to reflect actual additional fees and expenses incurred and solely attributable to said legal or regulatory changes. AFFILIATES -Crowe Horwath LLP is a member of Crowe Horwath International, a Swiss association. Each member firm of Crowe Horwath International is a separate and independent legal entity. Crowe Horwath LLP and its affiliates are not responsible or liable for any acts or omissions of Crowe Horwath International or any other member of Crowe Horwath International and specifically disclaim any and all responsibility or liability for acts or omissions of Crowe Horwath International or any other member of Crowe Horwath International. Crowe Horwath International does not render any professional services and does not have an ownership or partnership interest in Crowe Horwath LLP. Crowe Horwath International and its other member firms are not responsible or liable for any acts or omissions of Crowe Horwath LLP and specifically disclaim any and all responsibility or liability far acts or omissions of Crowe Horwath LLP.