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HomeMy WebLinkAboutR-2014-115 Utility Billing Business Process (Phase II) Agreement with FCS Group RESOLUTION NO. R- 2014 -115 A RESOLUTION authorizing the City Manager to execute an agreement between FCS Group and the City of Yakima for consulting services. WHEREAS, the City of Yakima Utilities Division desires to hire a consultant to perform phase II of the Utility Billing Business Process; and WHEREAS, the Business Process analysis performed by Barry Strock Consulting Associates September 2013 determined the next phase should be to review current Policies and Procedures, and WHEREAS, the Purchasing Department and the Finance Department Utility Services, determined that FCS Group has the experience and expertise to review the Policies and Procedures, in accordance with the City's requirements; and WHEREAS, competition is not required for consultant contracts, and WHEREAS, the Purchasing Department and the Finance Department successfully completed negotiations with FCS Group for the necessary agreements with both entities; now, therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is herby authorized to execute the attached professional services agreement with FCS Group to review Policies and Procedures and determine improvement areas of the operational processes used to conduct business and transactions. ADOPTED BY THE CITY COUNCIL this 16 day of September, 2014. 1°-"i Micah Cawley, ayor ATTEST: As! 7 ....110■NN // / � I City Clerk 1 ", * v ,, i .n', poi r r f • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.B. For Meeting of September 16, 2014 ITEM TITLE: Resolution authorizing an agreement with FCS Group for Phase II of the Utility Billing Business Process SUBMITTED BY: Cindy Epperson, Director of Finance and Budget James Dean, Utility Services Manager SUMMARY EXPLANATION: On September 17, 2013, staff requested to hire a consultant to perform a Business Process Analysis (BPA) Barry Strock Consulting Associates was hired and performed that analysis with the following conclusion: "BSCA is confident that if Yakima takes the initiative to look clear -eyed at and invest in its business practices, policies and procedures, organization and management flows, and its technology solutions, it can connect departments and divisions of the city in a way that provides the business acumen and customer service that staff, citizens, administration, and elected officials all want " BSCA determined the next step or phase should be to review current Policies and Procedures. Since competition is not required on consultant contracts, staff reviewed organizations that would be able to do this work FCS Group has worked with the city on several similar projects and is familiar with many of the City's processes regarding utility billing. Because of their experience with the City, as well as expertise in the field, they were selected to review the Policies and Procedures. FCS Group will determine where and how to improve business operational processes to conduct the business and transactions and define divisional /departmental accountability and the consequences for not reaching goals. FCS Group will produce a written formal document addressing current policies and practices and determine needed changes which will then produce a "needs" document which will be used to evaluate new utility billing software which is will be conducted in phase III, currently targeted to begin in late spring of 2015. At this point in time, we project to have salary savings in this area to cover the contract cost of $41,460 Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Start Date: End Date: Item Budgeted: Yes Amount: $41,460 Funding Source /Fiscal Impact: Strategic Priority: Public Trust and Accountability Insurance Required? Yes Mail to: FCS Group, Redmond Town Center, 7525 166th Avenue NE, Suite D -215, Redmond, WA 98052 Phone: 425 - 867 -1802 APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type ❑ Resolution FCS Group 8/27/2014 Cover Memo ❑ FCS Group Contract 9/9/2014 Cover Memo ❑ FCS Group - Exhibit A 8/27/2014 Cover Memo ❑ FCS Group - Exhibit B 8/27/2014 Cover Memo For City of Yakima Use Onty: AGREEMENT Contract N.. ' Lf i V BETWEEN Project No Resolution No !0: 'fir/ I CITY OF YAKIMA, WASHINGTON RFQP No AND FCS GROUP FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this 117 day of September, 2014, 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 FCS GROUP. with its principal office 7525 166 Avenue NE, Suite D -215, Redmond, WA 98052 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 Utility Billing Process Analysis, 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, FCS Group 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, delete portions of the WORK, or request that the CONSULTANT perform additional WORK Page 1 of 10 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. Page 2 of 10 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 CONSULTANTS 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 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 forty one thousand, four hundred sixty Dollars ($41,460). 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 The Consultant shall submit an invoice to the City's Representative each month for payment for services and work performed during the billing period. The invoice shall include a summary of the hours spent, expenses incurred, and a description of the work performed. For any services authorized by the City beyond the fixed fee scope of work shall follow a monthly payment Page 3 of 10 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 oi; or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act or 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? 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. CONSULTANT'S INITIALS An CITY'S INITIALS 44 Page 4 of 10 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 One Million Dollars ($1,000,000.00) 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. Page 5 of 10 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 8.1.1 entitled "Commercial General 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 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 Page 6 of 10 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 13.1 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 Page 7 of 10 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 2nd Street Yakima, WA 98901 Page 8 of 10 CONSULTANT: FCS Group Redmond Town Center 7525 166 Avenue NE, Suite I) -215 Redmond, WA 98052 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 IF YAKIMA A I V , A PeZ- TMIK'Rour Signature Printed Name: pLA.l 47 .0v Printed Name: Peter Moy 4 Title: City Manager Title: F'rincipal Date: 2// Date:_ kfr7 //y * \1 Attest e L :.41h ��� %E' ' II City Cl-r .-: I ` 40 I mo _, ■ • ? Page 9 of 10 EXHIBIT A SCOPE OF SERVICES EXHIBIT B Professional Fees and Rates Page 10 of 10 UTILITY BILLING BUSINESS PROCESSES EXIBIT A CITY OF YAKIMA, WASHINGTON DRAFT SCOPE OF WORK AND TASK PLAN Task 1 — Kick -Off Meeting and Background Review We will conduct a kick off meeting with the City's Project Manager and other key utility billing staff to review the project, methodology, timelines, expectations, and desired outcomes. Based on the goals for this project, the first task is to discuss and confirm the final scope, data requirements, key stakeholders, and deliverables. We will also compile and issue a data request for information such as any related documentation from the Strock report, the 2014 budget, related organizational charts, job descriptions, and any documentation describing the current business processes or procedures for performing the utility billing activities. We will review the Strock report and identify any overlap in information to be collected or any information or issue that needs clarification. Task 2 — Interview Key Stakeholders To obtain a better understanding of the any issues and concerns about the utility billing activities and processes, we will interview key stakeholders including managers, employees, and any other stakeholders identified by the City's project manager. We will conduct no more than seven interview sessions (interview sessions can be for an individual or for a group of people). During our interviews we will cover a variety of topics and issues related to the utility billing operations. We will develop a set of interview questions and format the questions so we can also gather information on what are the strengths, weaknesses, opportunities, and threats regarding the City's utility billing processes. Task 3 — Identify and Document the Utility Billing Processes As a first step to identifying the utility billing processes, we will identify what the responsibilities are for each staff member involved in the utility billing process, and then we will document at a high level the processes used to meet those responsibilities. To document the processes we will conduct group sessions with the utility billing staff to identify the steps involved with each process. Based on these staff sessions the key process steps will be identified, and we will develop process maps for each process. Once the process steps are identified and the process mapping is done, we will analyze the processes to identify any issues that affect the timeliness, fairness, efficiency, and effectiveness of the process. Specific processes might include the following: • Utility bill production • Customer support via phone, in person, and written contact • Customer billing remedial actions (e.g. suspension of service) • New and terminated accounts • Payment collection • Interface with Building permits As part of the documentation and review of such processes, we will be analyzing the processes to determine if any of the following exist: • Billing system "work arounds" •:;> FCS GROUP UTILITY BILLING BUSINESS PROCESSES EXIBIT A CITY OF YAKIMA, WASHINGTON DRAFT • Duplication of effort ♦ Differences in or a lack of procedures among staff • Process bottlenecks ♦ Number of review levels • Reasons and causes for issues identified by internal stakeholders Task 4 — Review Results With Utility Services Management Once we have completed Tasks 4, we will review the process documentation with the Utility Services management to determine if there are any gaps in the processes, to identify similarities and differences among the survey participants and the City, and to discuss any potential recommendations. If changes are required or additional work is needed, we will perform any additional work needed. This phase may involve additional interviews with program staff, business process flow diagramming, additional data gathering and analysis, and /or additional research. Task 5 — Conduct City Survey We will survey three similar cities to compare selected policies and procedures as well as the utility billing software used by each City. As part of the survey effort we will work with the City staff to identify the key questions and information that the City wants to collect. We will work with the City's project manager to select the comparable cities and to develop the information and questions that the City will find most useful for improving its operations and billing systems. Task 6 — Prepare Draft and Final Report A draft report will be prepared that describes the key assumptions, methodologies, process analysis, survey comparisons, potential issues, and recommendations. We will provide the Utility Services with a draft report to review and will discuss the results and review any comments that it might have concerning the draft report. Once the issues and comments have been addressed, a final report will be issued. We will provide five bound reports and an electronic version of the report. Optional Task 7 — Make Presentations If requested, we will make one presentation on the results of the utility billing process study. The City's project manager will determine who will attend the presentation (e.g. City utility management, City Council, etc.). •:;> FCS GROUP 2 UTILITY BILLING BUSINESS PROCESSES EXIBIT B CITY OF YAKIMA, WASHINGTON DRAFT BUDGET ESTIMATE The table below summarizes our estimated cost to perform the task plan delineated in this section. i _ Consultant Hours I { Principal Senior Analyst Admin. Total Tasks Moy Aaker Support Labor Hours Budget Effective Hourly Billing Rates: $225 $130 $80 Task 1 — Kick-Off Meeting and Background Review 6 4 11 $1,950 T ask 2 — Interview Key Stakeholders 8 8 16 $2,840 T ask 3— Identify and Document the Utility Billing Processes 32 64 97 $15,600 Task 4 — Review Results With Utility Services Management 8 8 16 $2,840 T ask 5 — Conduct City Survey 8 32 1 41 $6,040 T ask 6 — Prepare Draft and Final Report 28 24 2 ® $9,580 Travel and Expenses $1,000 Project Budget 90 'J 140 1 5 1 235 1 $39,850 Optional Task 7 —Make Presentations 6 2 8 Total Project Budget With Optional Task ' 96 1 142 1 5 1 243 1 $ 41,460 •:;> FCS GROUP 1 r f • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.B. For Meeting of September 16, 2014 ITEM TITLE: Resolution authorizing an agreement with FCS Group for Phase II of the Utility Billing Business Process SUBMITTED BY: Cindy Epperson, Director of Finance and Budget James Dean, Utility Services Manager SUMMARY EXPLANATION: On September 17, 2013, staff requested to hire a consultant to perform a Business Process Analysis (BPA) Barry Strock Consulting Associates was hired and performed that analysis with the following conclusion: "BSCA is confident that if Yakima takes the initiative to look clear -eyed at and invest in its business practices, policies and procedures, organization and management flows, and its technology solutions, it can connect departments and divisions of the city in a way that provides the business acumen and customer service that staff, citizens, administration, and elected officials all want " BSCA determined the next step or phase should be to review current Policies and Procedures. Since competition is not required on consultant contracts, staff reviewed organizations that would be able to do this work FCS Group has worked with the city on several similar projects and is familiar with many of the City's processes regarding utility billing. Because of their experience with the City, as well as expertise in the field, they were selected to review the Policies and Procedures. FCS Group will determine where and how to improve business operational processes to conduct the business and transactions and define divisional /departmental accountability and the consequences for not reaching goals. FCS Group will produce a written formal document addressing current policies and practices and determine needed changes which will then produce a "needs" document which will be used to evaluate new utility billing software which is will be conducted in phase III, currently targeted to begin in late spring of 2015. At this point in time, we project to have salary savings in this area to cover the contract cost of $41,460 Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Start Date: End Date: Item Budgeted: Yes Amount: $41,460 Funding Source /Fiscal Impact: Strategic Priority: Public Trust and Accountability Insurance Required? Yes Mail to: FCS Group, Redmond Town Center, 7525 166th Avenue NE, Suite D -215, Redmond, WA 98052 Phone: 425 - 867 -1802 APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type ❑ Resolution FCS Group 8/27/2014 Cover Memo ❑ FCS Group Contract 9/9/2014 Cover Memo ❑ FCS Group - Exhibit A 8/27/2014 Cover Memo ❑ FCS Group - Exhibit B 8/27/2014 Cover Memo