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HomeMy WebLinkAboutR-2013-121 Consulting Services Agreement with Barry Strock Consulting Associates, Inc. RESOLUTION NO. R- 2013 -121 A RESOLUTION authorizing the City Manager to execute an agreement between Barry Strock Consulting Associates, Inc. and the City of Yakima for consulting services WHEREAS, the City of Yakima (City) Utilities Division desired to hire a consultant to perform a Business Process Analysis (BPA); and WHEREAS, on June 25, 2013, the City advertised RFP No. 11325P and solicited proposals from interested parties; and WHEREAS, nine proposals were received on July 11, 2013, of which four (4) firms were short- listed and invited for interviews; and WHEREAS, an analysis committee consisting of five (5) city employees was formed and interviewed and scored the interviewees, and WHEREAS, Barry Strock Consulting Associates, Inc. scored the highest points and was the unanimous winner; therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached professional services agreement with Barry Strock Consulting Associates, Inc. to perform a BPA for the City of Yakima Utilities Division for $39,950 now, therefore, ADOPTED BY THE CITY COUNCIL this 17 day of September, 2013. /4A) afi ATTEST. Micah Cawley, ayor Of2 • rr __ "'DC City Clerk 14 9 ., A 1/ 4 i .S t 4y -1► t ►�: h4i ► 1 For City of Yakima Use Only: Contract No,}O/ — /b' AGREEMENT Project Na BETWEEN Resolution N. R ZOFA RFP No. f CITY OF YAKIMA, WASHINGTON AND Barry Strock Consulting Associates, Inc. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this • �� day of,Q L 2013, by and between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY ", and BARRY STROCK CONSULTING ASSOCIATES, INC. with its principal office at 154 Rosemont Street, Albany, NY 12206 hereinafter referred to as "CONSULTANT "; said corporation are licensed and registered to do business in the State of Washington, and will provide services under this Agreement for State Legislative and Administrative Advocacy Services, hereinafter referred to as "SERVICES" on behalf of the City of Yakima. WITNESSETH: RECITALS WHEREAS, CITY desires to retain the CONSULTANT to provide services described in this Agreement and subsequent Amendments thereto; and WHEREAS, CONSULTANT represents that it has available and offers to provide personnel with knowledge and experience necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of interest prohibited by law from entering into this Agreement; NOW, THEREFORE, CITY and CONSULTANT agree as follows: SECTION 1 INCORPORATION OF RECITALS 1.1 The above recitals are incorporated into these operative provisions of the Agreement. SECTION 2 SCOPE OF SERVICES 2.1 CONSULTANT agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of CONSULTANT shall not be construed to exceed those services specifically set forth herein. 2.2 CONSULTANT shall use its best efforts to maintain continuity in personnel and shall assign, Barry Strock as Consultant -in- Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 2.3 Basic Services: CONSULTANT agrees to perform those tasks described in Exhibit A, entitled "Scope of Work" (WORK) which is attached hereto and made a part of this Agreement as if fully set forth herein. 2.4 Additional Services: CITY and CONSULTANT agree that not all WORK to be performed by CONSULTANT can be defined in detail at the time this Agreement is executed, and that additional WORK related to the Project and not covered in Exhibit A may be needed during performance of this Agreement. CITY may, at any time, by written order, direct the CONSULTANT to revise portions of the WORK previously completed in a satisfactory manner, RFQP 11323 /Page 1. of 14 • • delete portions of the WORK, or request that the CONSULTANT perform additional WORK beyond the scope of the WORK. Such changes hereinafter shall be referred to as "Additional Services." 2.4.1 If such Additional Services cause an increase or decrease in the CONSULTANT'S cost of, or time required for, performance of any services under this Agreement, a contract price and /or completion time adjustment pursuant to this Agreement shall be made and this Agreement shall be modified in writing accordingly. 2.4.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and the CONSULTANT according to the provisions set forth in Exhibit B, attached hereto and incorporated herein by this reference, and if so authorized, shall be considered part of the WORK. The CONSULTANT shall not perform any Additional Services until so authorized by CITY and agreed to by the CONSULTANT in writing. 2.5 The CONSULTANT must assert any claim for adjustment in writing within thirty (30) days from the date of the CONSULTANT's receipt of the written notification of change. SECTION 3 CITY'S RESPONSIBILITIES 3.1 CITY - FURNISHED DATA: The CITY will provide to the CONSULTANT all technical data in the CITY'S possession relating to the CONSULTANT'S services on the WORK. 3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to CONSULTANT as required for CONSULTANT'S performance of its services and will provide labor and equipment as reasonably required by CONSULTANT for such access. 3.3 TIMELY REVIEW: The CITY will examine the CONSULTANT'S studies, reports, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing decisions required of CITY in a timely manner. Such examinations and decisions, however, shall not relieve the CONSULTANT of any contractual obligations nor of its duty to render professional services meeting the standards of care for its profession. 3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this Agreement. CITY'S Representative shall have complete authority to transmit instructions and receive information. CONSULTANT shall be entitled to reasonably rely on such instructions made by the CITY'S Representative unless otherwise directed in writing by the CITY, but CONSULTANT shall be responsible for bringing to the attention of the CITY'S Representative any instructions which the CONSULTANT believes are inadequate, incomplete, or inaccurate based upon the CONSULTANT'S knowledge. 3.5 Any documents, services, and reports provided by the CITY to the CONSULTANT are available solely as additional information to the CONSULTANT and will not relieve the CONSULTANT of its duties and obligations under this Agreement or at law The CONSULTANT shall be entitled to reasonably rely upon the accuracy and the completeness of such documents, services and reports, but shall be responsible for exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions there from SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION 4.1 In signing this Agreement, CITY grants CONSULTANT specific authorization to proceed with WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended. RFQP 11323 /Page 2 of 14 SECTION 5 COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in Exhibit A, compensation shall be according to Exhibit B - Schedule of Specific Fees and Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent basis plus reimbursement for direct non -salary expenses. 5.1.1 DIRECT NON - SALARY EXPENSES: Direct Non - Salary Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for CONSULTANT'S vehicles; meals and lodging; laboratory tests and analyses; printing, binding and reproduction charges; all costs associated with other outside nonprofessional services and facilities; special CITY - requested and PROJECT - related insurance and performance warranty costs; and other similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of actual charges plus ten percent (10 %) and on the basis of current rates when furnished by CONSULTANT. Estimated Direct Non - Salary Expenses are shown in Exhibit B. 5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental expenses incurred by employees of the CONSULTANT and each of the Subconsultants in connection with PROJECT WORK; provided, as follows: • That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents per mile will be paid for the operation, maintenance, and depreciation costs of company or individually owned vehicles for that portion of time they are used for WORK. CONSULTANT, whenever possible, will use the least expensive form of ground transportation. • That reimbursement for meals inclusive of tips shall not exceed a maximum of forty dollars ($40) per day per person. This rate may be adjusted on a yearly basis. • That accommodation shall be at a reasonably priced hotel /motel. • That air travel shall be by coach class, and shall be used only when absolutely necessary 5.1.2 Telephone charges, computer charges, in -house reproduction charges, first class postage, and FAX charges are not included in the direct expense costs, but are considered included in the Schedule of Specific Hourly Billing Rates. 5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed thirty nine thousand, nine hundred fifty Dollars ($39,950) The CONSULTANT will make reasonable efforts to complete the WORK within the budget and will keep CITY informed of progress toward that end so that the budget or WORK effort can be adjusted if found necessary. The CONSULTANT is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the CONSULTANT beyond these limits. When any budget has been increased, the CONSULTANT'S excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase, and provided that the City was informed in writing at the time such costs were incurred 5.3 Proposed Payment Schedule 50% Upon completion of first on -site trip $19,975 50% Upon submission of Report $19,975 TOTAL: $39,950 RFQP 11323 /Page 3 of 14 • For any services authorized by the City beyond the fixed fee scope of work shall follow a monthly payment schedule as follows: The CONSULTANT shall submit to the City's Representative an invoice each month for payment for services completed through the accounting cut -off day of the previous month. Such invoices shall be for services and WORK performed and costs incurred prior to the date of the invoice and not covered by previously submitted invoices. The CONSULTANT shall submit with each invoice a summary of time expended on the PROJECT for the current billing period, and any other supporting materials determined by the City necessary to substantiate the costs incurred. CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will notify the CONSULTANT promptly if any problems are noted with the invoice CITY may question any item in an invoice, noting to CONSULTANT the questionable item(s) and withholding payment for such item(s) The CONSULTANT may resubmit such item(s) in a subsequent invoice together with additional supporting information required. 5.4 Payment terms are net 30 after receipt of approved invoice(s). SECTION 6 RESPONSIBILITY OF CONSULTANT 6.1 INDEMNIFICATION: (a) CONSULTANT agrees to defend, indemnify, and hold harmless the CITY, its elected officials, agents, officers, employees, agents and volunteers (hereinafter "parties protected ") from (1) claims, demands, liens, lawsuits, administrative and other proceedings,(including reasonable costs and attorneys fees) and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, action, default, error or omission or willful misconduct arising out of the CONSULTANT's performance under this Agreement. In the event that any lien is placed upon the City's property or any of the City's officers, employees or agents as a result of the negligence or willful misconduct of the CONSULTANT, the CONSULTANT shall at once cause the same to be dissolved and discharged by giving bond or otherwise. (b) CITY agrees to indemnify and hold the CONSULTANT harmless from loss, cost, or expense of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the CITY, its employees, or agents in connection with the service. (c) If the negligence or willful misconduct of both the CONSULTANT and the CITY (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. (d) Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 6.2 In any and all claims by an employee of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the CONSULTANT or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other employee benefit acts. RFQP 11323 /Page 4 of 14 CONSULTANT'S INITIALS CITY'S INITIALS SECTION 7 AUDIT AND ACCESS TO RECORDS 7.1 The CONSULTANT, including its subconsultants, shall maintain books, records, documents and other evidence directly pertinent to performance of the WORK under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. The CITY, or the CITY'S duly authorized representative, shall have access to such books, records, documents, and other evidence for inspection, audit, and copying for a period of three years after completion of the WORK. The CITY shall also have access to such books, records, and documents during the performance of the WORK, if deemed necessary by the CITY, to verify the CONSULTANT'S WORK and invoices. 7.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency. 7.3 The CONSULTANT agrees to the disclosure of all information and reports resulting from access to records pursuant to this section provided that the CONSULTANT is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments, if any, of the CONSULTANT. 7.4 The CONSULTANT shall ensure that the foregoing paragraphs are included in each subcontract for WORK. 7.5 Any charges of the CONSULTANT paid by the CITY which are found by an audit to be inadequately substantiated shall be reimbursed to the CITY. SECTION 8 INSURANCE 8.1 At all times during performance of the Services, CONSULTANT shall secure and maintain in effect insurance to protect the City and the CONSULTANT from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. CONSULTANT shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the rights to require higher limits should it deem it necessary in the best interest of the public. 8 1.1 Commercial General Liability Insurance. Before this Contract is fully executed by the parties, CONSULTANT shall provide the City with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. RFQP 11323 /Page 5 of 14 8.1.2. Commercial Automobile Liability Insurance. a. If CONSULTANT owns any vehicles, before this Contract is fully executed by the parties, OIC shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If CONSULTANT does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Contract, which is Section 12.2 entitled "Commercial Liability Insurance ". c. Under either situation described above in Section 3.a and Section 13.b, the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent) The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 8.1.3 Statutory workers' compensation and employer's liability insurance as required by state law. SECTION 9 SUBCONTRACTS 9.1 CONSULTANT shall be entitled, to the extent determined appropriate by CONSULTANT, to subcontract any portion of the WORK to be performed under this Agreement. SECTION 10 ASSIGNMENT 10 1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This Agreement may not be assigned by CITY or CONSULTANT without prior written consent of the other, which consent will not be unreasonably withheld. It is expressly intended and agreed that no third party beneficiaries are created by this Agreement, and that the rights and remedies provided herein shall inure only to the benefit of the parties to this Agreement. SECTION 11 INTEGRATION 11.1 This Agreement along with the City RFP and the Consultant's response to the RFP represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. SECTION 12 JURISDICTION AND VENUE 12.1 This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and RFQP 11323 /Page 6 of 14 void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue of all disputes arising under this Agreement shall be Yakima County, State of Washington. SECTION 13 EQUAL EMPLOYMENT and NONDISCRIMINATION 131 During the performance of this Agreement, CONSULTANT and CONSULTANT's subconsultants shall not discriminate in violation of any applicable federal, state and /or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following• employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. CONSULTANT agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. SECTION 14 SUSPENSION OF WORK 14 1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the WORK. CONSULTANT may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond CONSULTANT's control are interfering with normal progress of the WORK. CONSULTANT may suspend WORK on PROJECT in the event CITY does not pay invoices when due, except where otherwise provided by this Agreement. The time for completion of the WORK shall be extended by the number of days WORK is suspended. If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to terminate WORK on the suspended portion of Project in accordance with SECTION 15. SECTION 15 TERMINATION OF WORK 15.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may be effected unless the other party is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. 15.2 In addition to termination under subsection 15.1 of this Section, CITY may terminate this Agreement for its convenience, in whole or in part, provided the CONSULTANT is given• (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation with CITY before termination. 15.3 If CITY terminates for default on the part of the CONSULTANT, an adjustment in the contract price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other WORK, and (2) any payment due to the CONSULTANT at the time of termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of the CONSULTANT'S breach. In such event, CITY shall consider the amount of WORK originally required which was satisfactorily completed to date of termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself or of employing another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. In the event of default, the CONSULTANT agrees to pay RFQP 11323 /Page 7 of 14 CITY for any and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by said default. This provision shall not preclude CITY from filing claims and /or commencing litigation to secure compensation for damages incurred beyond that covered by contract retainage or other withheld payments. 15.4 If the CONSULTANT terminates for default on the part of CITY or if CITY terminates for convenience, the adjustment pursuant to the Agreement shall include payment for services satisfactorily performed to the date of termination, in addition to termination settlement costs the CONSULTANT reasonably incurs relating to commitments which had become firm before the termination, unless CITY determines to assume said commitments. 15.5 Upon receipt of a termination notice under subsections 15.1 or 15.2 above, the CONSULTANT shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to CITY all originals of data, drawings, specifications, calculations, reports, estimates, summaries, and such other information, documents, and materials as the CONSULTANT or its subconsultants may have accumulated or prepared in performing this Agreement, whether completed or in progress, with the CONSULTANT retaining copies of the same. 15.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK to completion utilizing other qualified firms or individuals; provided, the CONSULTANT shall have no responsibility to prosecute further WORK thereon. 15.7 If, after termination for failure of the CONSULTANT to fulfill contractual obligations, it is determined that the CONSULTANT has not so failed, the termination shall be deemed to have been effected for the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be determined as set forth in- subparagraph 15.4 of this Section. 15.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key personnel employed by the CONSULTANT in PROJECT WORK or for any corporate officer of the CONSULTANT to render his services to the PROJECT, the CONSULTANT shall not be relieved of its obligations to complete performance under this Agreement without the concurrence and written approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment shall be made as set forth in subparagraph 15.3 of this Section. SECTION 16 DISPUTE RESOLUTION 16 1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. SECTION 17 NOTICE 17.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of business set forth below, whichever is earlier. CITY• City of Yakima Tony O'Rourke, City Manager 129 North 2 " Street Yakima, WA 98901 RFQP 11323 /Page 8 of 14 CONSULTANT: BARRY STROCK CONSULTING ASSOCIATES, INC 154 Rosemont Street Albany, NY 12206 Attn: BARRY STROCK, PRESIDENT IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. CITY OF AKIMA oppip "41144110IF 40111i • Tony 0 ' ourke Si.ure ; Printed Name: r WV Printed Name• BARRY STROCK l Title: City Manager Title: PRESIDENT, BSCA, INC. Date: 94/3 Date: 5/9/13 Attest � /0/ r2�1is� C• Clerk CITY CONTRAC r NOPP / 3 , i RESOLUTION N0 Z I fi RFQP 11323 /Page 9 of 14 EXHIBIT A SCOPE OF SERVICES 1. Scope shall be managed in three (3) phases, which shall include, but may not be limited to: Phase 1: Discovery: Consultants shall begin onsite, holding workshops/ interviews with key staff to gain an understanding of the systems and processes used to manage our Utility Billing Division. Immediately upon contract execution, Barry Strock Consulting Associates (hereinafter BSCA) will send the city three time - tested questionnaires: • General Municipal Questionnaire © [to glean utility, city, and IT specific information] • Staff Questionnaire© [to secure opinions about UB operations and software from all of the users of the UB information] • Management Questionnaire© [to secure opinions of UB and Citywide management as it pertains to access and interfaces of information with UB] Via extensive sessions with key staff, gather information at each step to understand perceived efficiencies and deficiencies within the processes. Identify processes that may require improvement, modification or elimination. 1. Review responses from the three questionnaires as a means to minimize starting from scratch on the onsite visits. 2. Be assigned a city colleague who will serve as BSCA's contact point and will be resourced to attend all meetings and interviews with our consultants. BSCA will work through this liaison to pre- schedule all upper management, group and individual interviews. 3. Provide a detailed review of BSCA's findings and revisit key interviewees at his/her desk to glean additional information by watching them in their work process, observe concomitant databases such as spreadsheets, binders, Post- It- NotesTM, other systems, etc. 4. Schedule end -of -day meetings each day to quickly de -brief upper management. This is done so that there are NO surprise findings in our final meeting or in a report. BSCA's BPA will review existing business practices and consider changing these practices so that they are technologically current, efficient and cost effective as well as having an improved output. Provide Business Process Change Management Analysis [CMA], defined as the P- Issues: • People [staffing and role changes due to technology innovations] • Policies [needing to be re- evaluated for 21 century expectations] • Processes [needing to be streamlined to increase quality of customer service] • Procedures [needing to be re- thought to reduce workloads and work - efforts] RFQP 11323 /Page 10 of 15 • Paperwork reduction to simplify and expedite data capture, storage, retrieval • Paperwork clarity [Mr. Strock is bi- lingual. He will review the customer bills /paperwork to evaluate the linguistic clarity to the Spanish- speaking customers] • Progression- review from paper to electronic /optical data capture and storage • Productivity [evaluate how to increase staff productivity] • Performance [evaluate performance in the UB division] • Privatization and Outsourcing [Outsource to private vendors, outsource to another government, in- source from another government (e.g. County), sharing resources, cloud computing, consolidation and information sharing.] Phase 2: Process Documentation: The information and knowledge gathered during the discovery phase shall be documented. BSCA will document the information and knowledge gleaned from their discovery phase, to learn how and why normal auditable steps may be omitted or redundantly re- entered. Phase 3: Recommendation/Deliverables: Provide the City with business process findings and recommendations to increase efficiencies and help reduce costs. This may include recommendations for new or upgraded systems and /or changes to staffing or reorganization of Divisions, targeting areas the city wanted addressed in the following areas: • Could the entire City have and benefit from a single payment point? • Could the City have a third party payment process for credit cards, debit cards and EFT? • Should the current billing system be eliminated and another system implemented? • Consideration of options for Operating Methodologies. • Should any billing, customer service and remittance processes be outsourced? BSCA shall use the following four key criteria to measure the value of business processes and technology for business of municipal utilities and local government: • Cost - containment Increase efficiency and contain or reduce costs. • Streamlining Operations Increase the productivity of existing personnel and provide policy- makers [within the UB division and others in the city] with essential management information to better manage the Utility and City operations. • Enhancing Quality of Service Provide employees with the business and management tools to effectively represent and deliver the tasks of a utility and a government. • Establishing Accountability RFQP 11323/Page 11 of 15 To provide clear cost criteria for services provided to citizens and taxpayers and • holding employees and officials to established business and management standards. At the application level this includes: 1. identification of manual tasks and automation of manual processes (including those that are spreadsheet- based) into integrated and holistic systems; 2. Standardization of tasks and processes that reducing data handling and re- keying of data; 3.The embedding of business process work rules into the software application; 4.Easy, table - driven maintenance of the rules, positions, and variable data such as fees, pay - grades, assessments and the like. 5. Scaffolding of work that moves the work from initial data entry to higher level approvals through the least amount of steps; 6.Pushing more of the data entry and query and reporting tasks to employee or utility customer self - service. 7.Easy to use management and reporting tools that are available in real -time. The Yakima Strategic Plan [Report] BSCA will provide the results of our collaborative discovery process in the Yakima Strategic Plan Report that is framed by issues such as: • City Technology and Business Goals and Expectations; • Business Specific Considerations to bring the Utility to Best Practices: o Define departmental targets, goals and expectations o Are there better operational processes to conduct UB business and city transactions [for example, single point of sale payments, credit card payments, and bar coded payment information for easy scanning]? o Define departmental accountability and consequences for reaching or not reaching the departmental targets, goals, and expectations; o What are the business - demand requirements of internal customers [end- users, department employees, and City officials]? o How are the demands of external customers to be met [taxpayers, citizens, customers]? o Define rules of governance. o Define citizen participation, involvement and access to information. o Business expectations to the year 2017: "What will be the " o Changes in rules and requirements of governance for the City? o What is the plan to Reengineer the P's issues [how, when, who, what ?] as described in phase 1. • Define linkages to overall strategies, goals and visions; and • City Strategy and Tactics to accomplish the goals and expectations. BSCA will provide a Strategic Plan that will include: 1. An Operational Assessment of the current and recommended state of information processing and technology of the utility, including organization, capability, IT sourcing options, and feedback from departments and key stakeholders; RFQP 11323 /Page 12 of 15 2. An Implementation Plan for three (3) years based on the Operational Assessment and Long -Term Technology Vision with recommendations for stakeholders, alignment of technology with business processes and utility best practices, an update of mission and vision statements, and the Strategic Plan ongoing review and update process. RFQP 11323 /Page 13 of 15 • Timetable Month 1 Month 2 Month 3 Initiate project Presenation of and project Finish interviews final Report and planning and meetings Plan Schedule Develop Fit interviews and Assessment meetings Report Provide Prepare Fit questionnaires to Assessment all users Report Review materials Prepare Action provided by CIty Plan Review and analyze questionnaire responses Interviews, meetings, and focus groups Review and analyze questionnaire responses Interviews, meetings, and focus groups RFQP 11323 /Page 14 of 15 EXHIBIT B Professional Fees and Rates BSCA proposes a fixed lump sum inclusive of all on -site and off -site labor, travel expenses and time, and office expenses. We are planning a maximum of four (4) on- site visits to the City of Yakima to meet the on -site requirements of the engagement, the specified consulting activities, and resulting product deliverables. The defined deliverables as stated in this proposal will be provided at a fixed fee to the City of Yakima of $39,950. Our consultant rate is $180 per hour for all tasks beyond the scope of this engagement. [Discounted for this engagement during this fixed fee tasks at $170] Title: City of Yakima, WA • Bidder: Barry Strock Consulting Associates, Inc. Projected Hours Date: 11 Jul - 13 Strock I Harris total • Estimated Estimated Number Of Tasks Firm Fixed Price On -Site Hours Hours Visits 1 DISCOVERY: Quesionnaires -site Interviews an 60 80 140 $23,800 3 Fit Assessment 2 DOCUMENTATION: 40 40 $6,800 - 3 RECOMMENDATIONS / DELIVERABLES 20 35 55 $9,350 1 TOTALS. 80 155 235 $39,950 4 Net Fixed Price $39,950 ** Price in US Dollars ** Price quoted is net price in US Dollars. Projected hours incude preparation, research, off site, on site, travel, and presentation hours On site visits are estimated number of visits. Any number of visits required by client beyond the estimate are billable Firm fixed price includes airfare, hotels, meals, car rentals, travel time, parking If the projected labor loading of hours or trips were to change, then the cost projections would change RFQP 11323 /Page 15 of 15 J ` r tit f BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 9/17/2013 ITEM TITLE: Resolution authorizing an agreement with Barry Strock Consulting Associates, Inc. for Consulting Services. SUBMITTED BY: Cindy Epperson, Finance Director 576 -6644 James Dean, Acting Utility Customer Services Manager 576- 6615 Sue Ownby, Purchasing Manager 576 -6695 SUMMARY EXPLANATION: Over the past year, several things happened relative to the Utility Customer Service division that warrants a study of the operation and applicable business processes: • A relatively new utility billing system that still has functionality issues • Turnover in the supervisory positions in the division • Greater availability /use of electronic payment options • Outsourcing of the bill production /mailing process to achieve greater bulk mail postage savings • Implementation of an Automated Meter Reading system, which should be fully on line in the next six months, and • A new Financial Management System with a central cash - receipting module, which should be online the first of 2014 Each of these items individually requires a look at the related business processes, and we have made changes as they have come up. However, the management team wants to make sure that all of these components are reviewed together in relationship to each other, and that we have a business process that works the most effectively and efficiently as we go forward. Staff respectfully requests approval of the attached resolution, awarding a professional services contract to Barry Strock Consulting Associates, Inc., to hire a consultant to conduct a Business Process Analysis for the Utilities Customer Service Division. Request for Proposals NO. 11325 was advertised for this solicitation and nine (9) proposals were received on July 11, 2013. Four (4) firms were short- listed and invited for interviews August 12 & 14, 2013. Barry Strock Consulting Associated, Inc out of Albany, NY scored the highest points and was the unanimous selection by the RFP Evaluation Committee. The contract is in the amount of $39,950, and will be funded out of the current Utility Customer Service operating budget by salary savings from position vacancies. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: 3 months Start Date: 10-1-2013 Item Budgeted: Yes Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? Yes Mail to: Sue Ownby, Purchasing Phone: 509-576-6695 End Date: 12-31-2013 Amount: $39,950 Current Utility Customer Service operating budget in General Fund Public Trust and Accountability APPROVED FOR 4 &F SUBMITTAL: 4=^T .44ww(LAL� City Manager RECOMMENDATION: Adopt resolution ATTACHMENTS: Description Resolution-Barry Struck Consulting agreement Struck Upload Date Type 9/4/2013 Resolution 9/11/2013 Cover Memo