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HomeMy WebLinkAboutFCS Group RECEIVED A3.lb.3 MAR 2 1 2006 CITY OF AUBURN AGREEME~A~~~:i~~;)".I. FOR CONSULTING SERVICES THIS AGREEMENT made and entered into on this I Lj day of J?J a:.c.-vI- , 200~, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "City" and FCS Group, hereinafter referred to as the "Consultant." WITNESSETH: WHEREAS, the City is considering the establishment of an ambulance utility, and is in need of services of individuals, employees or firms to conduct a cost of service study to identify the total costs necessary to regulate, operate, and maintain the ambulance utility; and, WHEREAS, the City desires to retain the Consultant to provide certaiin services in connection with the City's work on said project; and, WHEREAS, the Consultant is qualified and able to provide consulting services in connection with the City's needs for the above-described work/project, and is willing and agreeable to provide such services upon the terms and conditions herein contained. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services. The Consultant agrees to perform in a good and professional manner the tasks described on Exhibit "A" attached hereto and incorporated herein by this reference:. (The tasks described on Exhibit "A" shall be individually referred to as a "task," and collectively referred to as the "services.") The Consultant shall perform the services as an independent contractor and shall not be deemed, by virtue of this Agreement and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the City. 2. Additional Services. From time to time hereafter, the parties hereto may agree to the perfonnance by the Consultant of additional services with respect to related work or projects. Any such agreement(s) shall be set forth in writing and shall be executed by the resp'ective parties prior to the Consultant's performance of the services there under, except as may be provided to the contrary in Section 3 of this Agreement. Upon proper completion and execution of an addendum (agreement for additional services), such addendum shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such addendum were a part of this Agreement as originally exe,cuted. The performance of services pursuant to an addendum shall be subject to the terms and conditions of this Agreement except where the addendum provides to the contrary, in which case the terms and conditions of any such addendum shall control. In all other respects, any addendum shall supplement and be construed in accordance with the terms and conditions of this Agreement. Page 1 of6 3. Performance of Additional Services Prior to Execution of an Addendum. The parties hereby agree that situations may arise in which services other than those described on Exhibit "A" are desired by the City and the time period for 1the completion of such services makes the execution of addendum impractical prior to the commencement of the Consultant's performance of the requested slervices. The Consultant hereby agrees that it shall perform such services upon the oral request of an authorized representative of the City pending execution of an addendum, at a rate of compensation to be agreed to in connection therewith. The invoice pro(~edure for any such additional services shall be as described in Section 7 of this Agreement. 4. Consultant's Representations. The Consultant hereby represents and warrants that he has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5. City's Resvonsibilities. The City shall do the following in a timely manner so as not to delay the services of the Consultant: a. Designate in writing a person to act as the City's representative with respect to the services. The City's designee shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to the services. b. Furnish the Consultant with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. c. Arrange for access to the property or facilities as required for the Consultant to perform the services provided for herein. d. Examine and evaluate all studies, reports, memoranda, plans, sketches, and other documents prepared by the Consultant and render decisions regarding such documents in a timely manner to prevent delay of the services. 6. Acceptable Standards. The Consultant shall be responsible to provide, in connection with the services contemplated in this Agreement, work product and services of a quality and professional standard acceptable to the City. 7. Compensation. As compensation for the Consultant's performance of the services provided for herein, the City shall pay the Consultant the fees and costs specified on Exhibit '''A'' attached hereto and made a part hereof (or as specified in an addendum). The Consultant shall submit monthly to the City an invoice or statement of time spent on tasks included in the scope of work provided herein, and the City shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the Consultant thereafter in the normal course, subject to any Gonditions or provisions in this Agreement or addendum. 8. Time for Performance and Term of Agreement. The Consultant shall perform the services provided for herein in accordance with the direction and scheduling provided on Exhibit "A" attached hereto and incorporated Page 2 of6 herein by this reference, unless otherwise agreed to in writing by the parties. The Term of this Agreement shall commence on the date hereof or on the --L.!t..' day of m~ nJ-.. , 200 ", and shall terminate upon completion of the performance of the scope of work provided herein, according to the schedule provided on Exhibit "A" attached hereto, unless otherwise agreed to in writing by the parties. 9. Ownership and Use of Documents. All documents, reports, memoranda, diagrams, sketches, plans, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Consultant as part of his performance of this Agreement (the "Work Products") shall be owned by and become the property of the City, and may be used by the City for any purpose beneficial to the City. 10. Records Inspection and Audit. All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this Agreement shall be subject to inspection and audit by the City for a period of up to three (3) years ii-om the final payment for work performed under this Agreement. 11. Continuation of Performance. In the event that any dispute or conflict arises between the parties while this Contract is in effect, the Consultant agrees that, notwithstanding such dispute or conflict, the Consultant shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 12. Administration of Agreement. This Agreement shall be administered by, on behalf of the Consultant, and by the Mayor of the City, or designee, on behalf of the City. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: Citv of Auburn Auburn City Hall 25 West Main Auburn, W A 98001-4998 (253) 931-3000 FAX (253) 931-3053 Consultant FCS Group Attn: Peter Moy, Principal 8201 164th Ave NE Suite 300 Redmond, W A 98052 (425) 867-1802 x228 FAX (425) 867-1973 13. Notices. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above, or if to a person not a party to this Agreement, to the address designated by a party to this Agreement in the foregoing manner. Page 3 of6 Any party may change his, her or its address by giving notice in writing, stating his, her or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. 14. Insurance. The Consultant shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverages and in the amounts described below. The Consultant shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Consultant shall take out and maintain in full force and effect the following insurance policies: a. Comprehensive public liability insurance, including automobile and property damage, insuring the City and the Consultant against loss or liability for damages for personal injury, death or property damage arising out of or in connection with the performance by the Consultant of its obligations hereunder, with minimum liability limits of $1,000,000.00 combined single limit for personal injury, death or prope:rty damage in anyone occurrence. b. Such workmen's compensation and other similar insurance as may be required by law. c. Professional liability insurance with minimum liability limits of $1 ,000,000. 15. Indemnification. The Consultant shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of the negligent act or omission of the Consultant, its officers, agents, employees, or any of them relating to or arising out of the performance of this Agreement. If a fiinal judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against the City and the Consultant and their respective officers, agents and employees, or any of them, the Consultant shall be required to indemnify and defend only in proportion to the negligence or omissions of the Consultant. These indemniity provisions shall not require the Consultant to defend or indemnify the City against any action based solely on the actions or alleged negligence of the City. 16. Assignment. Neither party to this Agreement shall assign any right or obligation hereunde:r in whole or in part, without the prior written consent of the other party hereto. No assignment or transfer of any interest under this Agreement shall be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 17. Amendment. Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or Page 4 of6 waiver. Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this Agreement. 18. Termination and Suspension. Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The City may terminate this Agreement upon not less than seven (7) days written notice to the Consultant if the services provided for herein are no longer needed from the Consultant. If this Agreement is terminated through no fault of the Consultant, the Consultant shall be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "A" hereo[ 19. Parties in Interest. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective slllccessors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. 20. Costs to Prevailing Party. In the event of such litigation or other legal action, to enforce any rights, n:sponsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 21. Applicable Law. This Agreement and the rights of the parties hereunder shall be gov€:rned by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the Consultant of the services. 22. Captions. Headings and Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitute a part of this Agreement or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this Agreement shall not be affected by any Page 5 of6 determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. 23. Severable Provisions. Each provision of this Agreement is intended to be severable. If any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 24. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and lmderstandings between the parties with respect to such subject matter. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more cOUlnterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CQYBU~ L~ \ Peter B. Lewis, Mayor CONSULTANT - ..--? t~.~~ N.ame: "R:>A-~r "-V TItle: ~n"~l'~~ Attest: ~~ Danielle E. Daskam City Clerk Page 6 of6 AMBULANCE CoST OF SERVICE AND RATE STUDY CTIY OF AUBURN, WASHINGTON EXHIBIT A Scope of Work and Task Plan The City of Auburn is considering establishing an ambulance utility, and as part of establishing an ambulance utility, the City needs to conduct a cost of service study to identify lhe total costs necessary to regulate, operate, and maintain the ambulance utility. FCS Group has developed the following task plan to conduct a cost of service study, identify the availability and demand costs, establish customer classes and rates, and analyze the rate impact on the various customer classes. TASK 1 - KICK-OFF MEETING The consultant team will conduct a project kick-off meeting with Finance staff and other City staff members who will serve as the primary contacts with FCS Group for assisting and providing infonnation for the cost of service and rate study. The agenda for this meeting will include basic data collection, a discussion of project goals and parameters, project schedule, and discussion of other coordination issues. A written data request will be provided to the appropriate City staff in advance of this meeting. TASK 2 - REVIEW AND ANALYZE FIRE DEPARTMENT AND AMBULANCE COSTS AND WORKLOAD DATA To determine the cost of service, we will collect and review infonnation on the Ciity's costs to provide its emergency medical services and ambulance services. We will review tht: 2005 actual costs and the 2006 budgeted costs as well as 2005 call and response data. 2005 and 2006 revenue data will also be reviewed. TASK 3 - DEVELOP A COST OF SERVICE FRAMEWORK AND ESTABLISH THE COST OF SERVICE After reviewing the City's fire department and ambulance costs, we will develop a cost of service framework consistent with RCW 35.21.766. We will identify the costs associated with the basic infrastructure needed to respond to calls for service and the costs associated with responding to calls for service. As part of the process we will develop a cost of service model that can be used to allocate the costs between fire and emergency medical services ~md between availability and demand costs. Availability costs include dispatch, labor, training, equipment, patient care supplies and maintenance of equipment. Demand costs include costs mlated to the frequency of calls, distances from hospitals, and other costs related to responding to a call. We will also develop a methodology for establishing transport fees. TASK 4 - IDENTIFY POTENTIAL CUSTOMER CLASSES AND COST ALLOCATION METHODS To develop the ambulance utility rates, customer classes and the use of the ambulance service must be determined. Based on an analysis of the City's service data, potential customer classes and allocation methods will be identified as well as alternative rate structures. In developing customer classes. allocation methods, and rate structures, utility rate setting concepts will be used whenever they are applicable to EMS and ambulance services. .::> FCS GROUP Page 1 AMBULANCE COST OF SERVICE AND RATE STUDY CTIY OF AUBURN, WASHINGTON TASKS - CALCULATE AVAILABILITY AND DEMAND RATES FOR EACH CUSTOMER CLASS After identifying customer classes, allocation methods, and rate structures, the Ci~y's identified revenue requirements for the availability and demand services will be calculated for the potential customer classes. Because the law limits. the amount of funding from ambulance revenues, we will analyze the City's current funding of ambulance services to determine the amount of revenue that can be raised by ambulance fees. Once the ambulance revenue:s have been determined and the costs have been allocated, rates consistent with RCW 35.21.766 rate policies will be calculated. TASK 6 - PREP ARE A REPORT To document the assumptions, methodology, analysis, and alternatives for establishing customer classes and rates, FCS Group will prepare a draft report. We will meet with the City staff to discuss comments on the draft report and will make changes, as appropriate, befi)re issuing a final report. TASK 7 - MAKE PRESENTATIONS FCS Group will attend and prepare one presentation for the City that may include City staff, City Council Committees, and/or the full City Council. Budget Estimate The FCS Group consultants primarily assigned to this study are Peter Moy, Principal, and Kyle Nelson, Analyst. The table below summarizes our estimated cost to perform the proposed task plan. No travel or other incidental and ordinary expenses (e.g. copying, phone, faxes, postage, etc) will be billed. Task Effective Hourly Billing R4tes: Conl.ltaot Houn FeSO Principal Consultants Mo Nelson $160 $95 Eldlnated Bud Task I: Kick-off meeting Task 2: Review & analyze Fire Dept & IDlbulance costs & workload data Task 3: Develop cost of secvice framework & establish !be COlt of service Task 4: Identify potetniaI custome classes and cost al1ocation methods Task S: Calculate availability BDd demand Jates for each customer class Task 6: Prepare a report I~!c7:mMa!l:~~~~..m._._.____........ Total Eatimated Labor Bud et 4 8 12 4 8 16 .. ...._._-~._.._- ............. 60 4 16 48 8 16 4 4 100 o o o o o 2 4 6 8 24 60 12 24 22 16 166 $ 1.020 $ 2.800 $ 6,480 $ 1.400 $ 2.800 $ 3.040 .~... 1.860 $ 19400 TOTAL PROJECT BUDGET $19,400 .::) FCS GROUP Page 2 Exhibit A Scope of Services Water, Sewer, & Storm Water Preliminary Baseline Requirement Analyses Task is Data Collection / Validation Collect, review, and analyze data needed for the preliminary analysis. A list of data needs for each utility is provided below: ¦ 2007 financial statements ¦ 2oo8 year-end estimated revenues (rate revenues, SDC revenues, miscellaneous) ¦ 2008 year-end estimated expenses (budget line item detail if available) ¦ 2008 year-end estimated cash balances (operating cash, capital cash, debt reserve cash). Note: capital cash balances need to exclude any monies earmarked to pay for capital projects currently underway but not yet paid for in 2008. ¦ 2009 operating budget (line item detail) ¦ 2oo9 and 2010 list of capital projects (additional years if desired) ¦ Existing debt service schedules ¦ Near-term customer growth percentage (2008 - 2010) Task 2: Two-Year Capital Funding Analysis identify and evaluate capital resources to fund the capital projects identified by the City for years 20o9 and 201o. Develop a capital funding strategy for each utility based on different approaches to funding capital needs, including alternative levels of annual cash contributions from rates, use of cash reserves, appropriate and /or necessary levels of debt financing, resources from new development, etc. Work with the City to perform "what if' scenarios for varying capital costs, scheduling, and/or funding sources. Task 3: Baseline Revenue Requirement Forecast Prepare a baseline revenue requirement analysis for each utility for the two-year period 20o9 and 201o. This analysis will assume costs under existing operations and will utilize the 20o9 budget at the starting point. Escalation factors will be applied to forecast 2o1o expenditures. It is not anticipated that potential new purchased water costs (water utility), new NPDES permit requirements (Storm Water) or other incremental costs to the current budget will be incorporated into this baseline analysis unless information is readily available. Incorporate existing debt, new debt and any other financial obligations of the utilities over the two-year period. Compare annual financial needs against available utility user rate and miscellaneous operating revenues, identifying any projected shortfalls over the two-year period. Calculate annual and overall adjustments needed in utility user rate levels to recover identified costs. Alternative scenarios will be run to reflect the "what if' capital funding scenarios and/or other approaches to smooth rate impacts to the extent practical over the two-year period. Task 4: Documentation & Meetings Prepare brief materials summarizing the findings and recommendations. Participate in a conference call with City staff to review findings. Exhibit B Fee Schedule Water, Sewer, & Storm Water Preliminary Baseline Analysis Consultant Hours Technical Total Principal Manager Admin. Estiamted Labor Task Johnson Chaw Support Hours Budget Hourly Billing Rates: $195 $150 $60 Task 1 - Data Collection / Validation 1 4 5 $795 Task 2 - Two-Year Capital Funding Analysis 3 30 33 $5,085 Task 3 - Baseline Revenue Requirement Forecast 6 42 48 $7,470 Task 4- Documentation & Meetings 4 4 1 9 $1 440 Total 14 80 1 95 $14-790