HomeMy WebLinkAbout02/15/2022 06.J. Resolution authorizing a Professional Services Agreement with FCS Group for Community Development Services Fee Study 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.J.
For Meeting of: February 15, 2022
ITEM TITLE: Resolution authorizing a Professional Services Agreement with
FCS Group for Community Development Services Fee Study
SUBMITTED BY: Joan Davenport,AI CP, Community Development Director
SUMMARY EXPLANATION:
The City of Yakima Department of Community Development proposes to work with FCS Group,
to conduct analysis of the current level of cost recovery from fees for land use applications,
building and related regulatory permits and fees associated with fire inspection services provided
by the Yakima Fire Department.A comprehensive fee analysis has not been conducted for the
City of Yakima permits since 2016. Utilizing the professional services of the FCS Group will
enable the City to more accurately determine the cost of services and set an appropriate fee
schedule. The findings of this study are intended to be utilized in the 2023 budget projections for
the City and Community Development Department.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
Resolution Authorizing City Manager to Sign Contract 1/27/2022 Resolution
with FCS Group
0 Consultant Agreement 2/3/2022 Contract
❑ Exhibit A to Agreement 2/3/2022 Contract
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RESOLUTION NO. R-2022-
A RESOLUTION authorizing a Professional Services Agreement with FCS Group to
provide a Fee Study for service fees related to land use, building and fire
inspections, in the City of Yakima.
WHEREAS,the City of Yakima administers permit and application processes necessitated
by the Yakima Municipal Code, State Building Codes, State Fire Codes and other related
ordinances for land use applications, building permit and related permits as well as fire inspection
services; and
WHEREAS, application and processing fees have not been examined in a complete study
nor adjusted in over five years; and
WHEREAS, the FCS Group is a professional corporation with expertise in the study and
determination of appropriate costs as well as the development of a revision of the current City of
Yakima fee schedule for certain permit and application types; and
WHEREAS, for the purpose of accuracy and improved community transparency, the City
of Yakima desires to have an updated fee schedule, as well as appropriate public review on any
revisions to the current fee schedule; and
WHEREAS, the City of Yakima wishes to engage the services of the FCS Group to
conduct the fee study described in the Scope of Work, including the budget proforma and related
tasks,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Contract for Professional Services
Agreement with FCS Group attached hereto and incorporated herein by this reference not to
exceed Fifty-Eight Thousand, One Hundred and Fifty-five dollars ($58,155) to provide the tasks
and deliverables as described in the Agreement, now, therefore is,
ADOPTED BY THE CITY COUNCIL this day of , 2022.
ATTEST: Janice Deccio, Mayor
Sonya Clear Tee, City Clerk
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PROFESSIONAL SERVICES AGREEMENT
FOR
COST OF SERVICE FEE STUDY FOR PLANNING &CODES DIVISION AND FIRE DEPT INSPECTION FEES
THIS PROFESSIONAL SERVICES AGREEMENT, entered into on the date of last execution, between the City of
Yakima, a Washington municipal corporation ("City"), and FCS Group, ("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as
follows:
1. Statement of Work
The minimum services(hereinafter referred to as"Services")that the Contractor will provide include services described
in the Scope of Work, which are attached as Exhibit A hereto and incorporated herein by this reference.
2. Compensation
The City agrees to pay the Contractor according to Exhibit A pages 6-7, attached hereto and incorporated herein,which
Exhibit includes the deliverables and payment schedule of itemized prices as listed in the Contractor's Proposal
submittal at the time and in the manner and upon the conditions provided for the Contract.
3. Contract Term
The period of this Contract shall be for a period of one year from its effective date. The City may, at its option, extend
the Contract on a year to year basis for up to four(4)additional years. Contract extensions shall be automatic, and shall
go into effect without written confirmation, unless the City provides advance notice of the intention to not renew or
unless the Services have been completed to the City's satisfaction prior to any automatic renewal.
4. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to
performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative
of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City.
5. Successors and Assigns
a. Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests
accruing from this Contract without the prior written consent of the other.
b. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does
hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor.
6. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and
shall be surrendered to the City upon demand. All information concerning the City and said project which is not
otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in
whole or part, now or at any time disclose that information without the express written consent of the City.
7. Inspection and Production of Records
a. The records relating to the Services shall, at all times, be subject to inspection by and with the approval
of the City, but the making of(or failure or delay in making)such inspection or approval shall not relieve
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Contractor of responsibility for performance of the Services in accordance with this Contract,
notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the
ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send
copies of the requested documents to the City. Contractor's records relating to the Services will be
provided to the City upon the City's request.
b. Contractor shall promptly furnish the City with such information and records which are related to the
Services of this Contract as may be requested by the City. Until the expiration of six(6)years after final
payment of the compensation payable under this Contract, or for a longer period if required by law or by
the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the
City access to (and the City shall have the right to examine, audit and copy) all of Contractor's books,
documents, papers and records which are related to the Services performed by Contractor under this
Contract.
c. All records relating to Contractor's services under this Contract must be made available to the City, and
the records relating to the Services are City of Yakima records. They must be produced to third parties,
if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All
records relating to Contractor's services under this Contract must be retained by Contractor for the
minimum period of time required pursuant to the Washington Secretary of State's records retention
schedule.
d. The terms of this section shall survive any expiration or termination of this Contract.
8. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property
of the City. The City shall own any and all data, documents, plans, copyrights, specifications,working papers, and any
other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract,
the Contractor shall deliver these materials to the City.
9. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all
applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body,
whether federal, state, local, or otherwise, including policies adopted by the City, as those laws, ordinances, rules,
regulations, and policies now exist or may hereafter be amended or enacted. Contractor shall procure and have all
applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental
authority or this project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful
execution of the work.
Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state,
and local government or governmental authority or this project, pay all charges and fees, and give all notices necessary
and incidental to the due and lawful execution of the work.
a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License
and pay all charges, fees, and taxes associated with said license.
b. Contractor must provide proof of a valid Washington Department of Revenue state excise tax registration
number, as required in Title 85 RCW.
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c. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number.
Contractor must have a current UBI number and not be disqualified from bidding on any public works
contract under RCW 39.06.101 or 36.12.065(3).
d. Contractor must provide proof of a valid Washington Employment Security Department number as
required by Title 50 RCW.
e. Foreign(Non-Washington)Corporations: Although the City does not require foreign corporate proposers
to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and
agreed that any such corporation will promptly take all necessary measures to become authorized to
conduct business in the City of Yakima, at their own expense,without regard to whether such corporation
is actually awarded the contract,and in the event that the award is made,prior to conducting any business
in the City.
10. Nondiscrimination Provision
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin,
sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief, or
the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against
Discrimination (RCW chapter 49.60)or the Americans with Disabilities Act(42 USC 12101 et seq.).
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.
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such
rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for any future City contracts.
11. Pay Transparency Nondiscrimination Provision:
The Contractor will not discharge or in any other manner discriminate against employees or applicants because they
have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However,
employees who have access to the compensation information of other employees or applicants as a part of their
essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise
have access to compensation information, unless the disclosure is(a) in response to a formal complaint or charge, (b)
in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer,
or(c) consistent with the contractor's legal duty to furnish information.
12. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or
property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected
and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers
from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions,
investigations, and regulatory or other governmental proceedings arising from or in connection with this
Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or
subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence.
The City's right to indemnification includes attorney's fees and costs associated with establishing the right
to indemnification hereunder in favor of the City.
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b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent
acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers,
employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its
proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or
costs and expenses, including reasonable attorneys'fees.
c. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives
any immunity that may be granted to it under the Washington State industrial insurance act, Title 51
RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in
any way by any limitation on the amount of damages, compensation or benefits payable to or by any third
party under workers' compensation acts, disability benefit acts or any other benefits acts or programs.
Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by
Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of
this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51
RCW, and assume all potential liability for actions brought by their respective employees. The Parties
acknowledge that they have mutually negotiated this waiver.
d. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability,
including the duty and cost to defend, shall be only to the extent of the Contractor's negligence.
e. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification in any third party.
f. The terms of this Section shall survive any expiration or termination of this Contract.
13. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect
insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses
arising out of or resulting from the performance of this Contract. Contractor shall provide and maintain in force
insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits
should it deem it necessary in the best interest of the public.
Contractor shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and
outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the
certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify
a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation
to maintain such insurance.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance and
additional insured endorsements as proof of commercial liability insurance with a 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. If Contractor carries higher coverage limits, such limits shall be shown on
the Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees, agents,
attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate shall clearly state
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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 certificate of insurance and additional insured
endorsements shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys 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 prior written notice. 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. The requirements contained herein, as well
as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any
manner limit or qualify the liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of insurance as
proof of automobile liability insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per
occurrence. If Contractor carries higher coverage limits, such limits shall be shown on the Certificate of Insurance and
Endorsements and the City, its elected and appointed officials, employees, agents, attorneys and volunteers shall be
named as additional insureds for such higher limits. 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 certificate of insurance and additional insured endorsements shall name the City of
Yakima, its elected and appointed officials, employees, agents, attorneys 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 prior written
notice. 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. The requirements contained herein, as well as City of Yakima's review or
acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the
liabilities or obligations assumed by Contractor under this contract. The business auto liability shall include Hired and
Non-Owned coverage if necessary.
c. Employer's Liability(Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation, occupational
disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable, and shall
maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The City shall not be held
responsible in any way for claims filed by Contractor or its employees for services performed under the terms of this
Contract. Contractor agrees to assume full liability for all claims arising from this Contract including claims resulting
from negligent acts of all subcontractor(s). Contractor is responsible to ensure subcontractor(s) have insurance as
needed. Failure of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or
responsibility.
d. Professional Liability[FOR CONSULTANTS ONLY]
The Contractor shall provide evidence of Professional Liability insurance covering professional errors and
omissions. Contractor shall provide the City with a certificate of insurance as proof of professional liability insurance
with a minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and
property damage, and Two Million Dollars ($2,000,000.00) 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. The
insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide. If the policy is written
on a claims made basis the coverage will continue in force for an additional two years after the completion of this
contract. If insurance is on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no
later than the effective date of this Contract.
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Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under
this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of
the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense
costs, or other payments made by Contractor's insurance.
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full
force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required
insurance may be sufficient cause for the City to terminate the Contract.
14. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid,
such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term,
condition or application. To this end, the terms and conditions of this Contract are declared severable.
15. Contract Documents
This Contract,Cost of Service Fee Study for Planning&Codes Division and Fire Department Inspection Fees, including
Exhibit A, constitute the Contract Documents and are complementary. Specific Federal and State laws and the terms
of this Contract, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on
file in the Office of the City Clerk, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into
this Contract.
16. Termination
Termination for Cause:
In the event the Contractor breaches this Contract, the City may terminate the Contract at its sole discretion in such
event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach
within 30 days of this notice.
In the event of the City breaches this Contract, the Contractor may terminate the Contract at its sole discretion in such
event that it provides the City with written notice of City's breach and the City failes to cure its breach of the Contract
within 60 days of this notice.
The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the
Contractor:
a. Defaults on an obligation under the Contract;
b. Fails to perform any material obligation required under the Contract;
c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal entity;
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed, 30-day
notice;
e. Makes an assignment for the benefit of creditors;
f. Fails to follow the sales and use tax certification requirements of the State of Washington;
g. Incurs a delinquent Washington tax liability;
h. Becomes a State or Federally debarred Contractor;
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Is excluded from federal procurement and non-procurement Contracts;
j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in the
Contract;
k. Fails to maintain the confidentiality of the City information that is considered to be Confidential
Information, proprietary, or containing Personally Identifiable Information;
I. Contractor performance threatens the health or safety of a City, County or municipal employee; or
Termination for Convenience:
The City may terminate the Contract, without cause, by providing 30 days written notice of termination.
In the event of termination for convenience, the Contractor shall be entitled to receive compensation for any fees owed
under the Contract. The Contractor shall also be compensated for partially completed services. In this event,
compensation for such partially completed services shall be no more than the percentage of completion of the services
requested, at the sole discretion of the City, multiplied by the corresponding payment for completion of such services
as set forth in the Contract. Alternatively, at the sole discretion of the City, the Contractor may be compensated for the
actual service hours provided. The City shall be entitled to a refund for goods or services paid for but not received or
implemented, such refund to be paid within 30 days of written notice to the Contractor requesting the refund.
Change in Funding: In addition to the above termination provisions, if the funds upon which the City relied to establish
this Contract are withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding, the
City may terminate this Contract by providing at least five business days written notice to the Contractor. The
termination shall be effective on the date specified in the notice of termination.
17. Dispute Resolution
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.
18. Substitution
The Contractor shall not substitute or deviate from said specifications of this Contract without a written amendment,
signed by the City Manager, or pursuant to Section 50 below entitled"Change or Notice". Any violation of this procedure
by the Contractor will be considered cause for immediate cancellation of the Contract for cause by the City.
19. Contractor Shall Furnish
Except as otherwise specifically provided in this Contract, Contractor shall furnish the following, all as the same may
be required to perform and provide the services in accordance with the terms of this Contract: personnel, labor,
products and supervision; and technical, professional and other services. All such services, products, property and
other items furnished or required to be furnished, together with all other obligations performed or required to be
performed, by Contractor under this Contract are sometime collectively referred to in this Contract as the"(Services)."
20. Complementary Provisions
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All provisions of this Contract are intended to be complementary, and any services required by one and not mentioned
in another shall be performed to the same extent as though required by all. Details of the services that are not
necessary to carry out the intent of this Contract, but that are not expressly required, shall be performed or furnished
by Contractor as part of the services,without any increase in the compensation otherwise payable under this Contract.
21. Invoices
The City will use its best efforts to pay each of Contractor's invoices within thirty(30) days after the City's receipt and
verification thereof; provided, however, that all such payments are expressly conditioned upon Contractor providing
services hereunder that are satisfactory to the City. The City will notify the Contractor promptly if any problems are
noted with the invoice. To insure prompt payment, each invoice should cite purchase order number, RFQP number,
detailed description of work, unit and total price, discount term and include the Contractor's name and return remittance
address.
Contractor will mail invoices to the City at the following address:
City of Yakima
Attn: Rosalinda Ibarra
129 N 2nd Street
Yakima, WA 98901
22. Prime Contractor
Contractor is the Prime Contractor hereunder. The Prime Contractor shall be the sole point of contact with regard to
all contractual matters arising hereunder, including the performance of services and the payment of any and all charges
resulting from its contractual obligations.
23. Delegation of Professional Services
The services provided for herein shall be performed by Contractor, and no person other than regular associates or
employees of Contractor shall be engaged on such work or services. Contractor shall not (by contract, operation of
law or otherwise) delegate or subcontract performance of any services to any other person or entity without the prior
written consent of the City. Any such delegation or subcontracting without the City's prior written consent shall be
voidable at the City's option.
No delegation of subcontracting of performance of any of the services, with or without the City's prior written consent,
shall relieve Contractor of its responsibility to perform the services in accordance with this Contract. Contractor shall
be fully responsible for the performance, acts and omissions of Contractor's employees, Contractor's subcontractors,
and any other person who performs or furnishes any services(collectively, the"Support").
Contractor shall at all times be an independent contractor and not an agent or representative of the City with regard to
performance of the services. Contractor shall not represent that it is, nor hold itself out as, an agent or representative
of the City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of
the City. Neither the Contractor nor any employee of the Contractor is entitled to any benefits that the City provides its
employees. The Contractor is solely responsible for payment of any statutory workers compensation or employer's
liability insurance as required by state law. The Contractor will have an active account with the Department of Revenue,
other state agencies as needed, and a separate set of books or records that reflect all items of income and expenses
of the business that the Contractor is conducting.
Contractor shall perform the services in a timely manner and in accordance with the standards of the profession. At
the time of performance, Contractor shall be properly licensed, equipped, organized, and financed to perform the
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services in accordance with this Contract. Subject to compliance with the requirements of this Contract, Contractor
shall perform the services in accordance with its own methods.
24. Licenses
If applicable, Contractor shall have a valid and current business license per Chapter 5.52 of the Yakima Municipal
Code covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be obtained
prior to the award of any contract. Inquiries as to fees, etc., should be made to the Office of Code Administration,
telephone(509)575-6126.
In addition,Contractors are required to be registered by the State per Chapter 18.27 of the Revised Code of Washington
and their registration number must be listed on the bid/RFP/quote.
Contractor shall take all reasonable precautions to protect against any bodily injury (including death) or property
damage that may occur in connection with the services.
25. Removal of Subcontractor
If dissatisfied with the background, performance, and/or general methodologies of any subcontractor, the City may
request in writing that the subcontractor be removed. The Contractor shall comply with this request at once and shall
not employ the subcontractor for any further work/services under this Contract.
26. Taxes and Assessments
Contractor shall be solely responsible for and shall pay all taxes,deductions,and assessments, including but not limited
to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and
other deductions from income which may be required by law or assessed against either party as a result of this Contract.
In the event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before
it becomes due.
The City and its agencies are exempt from payment of all federal excise taxes, but not sales tax(currently at 8.3%).
Tax will not be considered in determining which proposal is the lowest or best, however RCW 39.30.040 allows the
City to take any sales tax and B&O tax that is will receive from purchasing supplies, materials and equipment within its
boundaries into consideration when determining the lowest responsible Proposer.
27. Contractor Tax Delinquency
Contractors who have a delinquent Washington tax liability may have their payments offset by the State of Washington.
28. Inspection: Examination of Records
The Contractor agrees to furnish the City with reasonable periodic reports and documents as it may request and in
such form as the City requires pertaining to the work or services undertaken pursuant to this Agreement. The costs
and obligations incurred or to be incurred in connection therewith, and any other matter are to be covered by this
Agreement.
The records relating to the services shall, at all times, be subject to inspection by and with the approval of the City, but
the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility
for performance of the services in accordance with this Contract, notwithstanding the City's knowledge of defective or
non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient,
safe, and proper facilities and equipment for such inspection and free access to such facilities.
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29. Recordkeeping and Record Retention
The Contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All
records must be kept in accordance with generally accepted accounting procedures. All procedures must be in
accordance with federal, state and local ordinances.
The City shall have the right to audit,review,examine,copy, and transcribe any pertinent records or documents relating
to any contract resulting from this proposal held by the Contractor. The Contractor will retain all documents applicable
to the contract for a period of not less than three(3)years after final payment is made.
30. Confidential, Proprietary and Personally Identifiable Information
Contractor shall not use Confidential, Proprietary or Personally Identifiable Information of City for any purpose other
than the limited purposes set forth in this Contract, and all related and necessary actions taken in fulfillment of the
obligations there under. Contractor shall hold all Confidential Information in confidence, and shall not disclose such
Confidential Information to any persons other than those directors, officers, employees,and agents("Representatives")
who have a business-related need to have access to such Confidential Information in furtherance of the limited
purposes of this Contract and who have been apprised of, and agree to maintain, the confidential nature of such
information in accordance with the terms of this Contract.
Contractor shall institute and maintain such security procedures as are commercially reasonable to maintain the
confidentiality of the Confidential Information while in its possession or control including transportation, whether
physically or electronically.
Contractor shall ensure that all indications of confidentiality contained on or included in any item of Confidential
Information shall be reproduced by Contractor on any reproduction, modification, or translation of such Confidential
Information. If requested by the City in writing, Contractor shall make a reasonable effort to add a proprietary notice
or indication of confidentiality to any tangible materials within its possession that contain Confidential Information of the
City, as directed.
Contractor shall maintain all Confidential Information as confidential for a period of three (3) years from the date of
termination of this Contract, and shall return or destroy said Confidential Information as directed by the City in writing.
Contractor may disclose Confidential Information in connection with a judicial or administrative proceeding to the extent
such disclosure is required under law or a court order, provided that the City shall be given prompt written notice of
such proceeding if giving such notice is legally permissible.
31. Suspension of Work
The City may suspend, in writing by certified mail, all or a portion of the Service under this Agreement if unforeseen
circumstances beyond the City's control are interfering with normal progress of the Service. The Contractor may
suspend, in writing by certified mail, all or a portion of the Service under this Agreement if unforeseen circumstances
beyond Contractor's control are interfering with normal progress of the Service. The Contractor may suspend Service
on the Project in the event the City does not pay invoices when due, except where otherwise provided by this
Agreement. The time for completion of the Service shall be extended by the number of days the Service 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 the Service on the suspended portion of Project in accordance with
Section 16.
32. Provision of Services
Cost of Service Fee Study for Planning&Codes Division and Fire Department Inspection Fees Page 10 of 15
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The Contractor shall provide the services set forth herein with all due skill, care, and diligence, in accordance with
accepted industry practices, standards and legal requirements, and to the City 's satisfaction; the City decision in that
regard shall be final and conclusive. The City may inspect, observe and examine the performance of the services
performed on the City premises at any time. The City may inspect, observe and examine the performance of
Contractor's services at reasonable times, without notice, at any other premises.
a. If the City notifies the Contractor that any part of the services rendered are inadequate or in any way differ
from the Contract requirements for any reason, other than as a result of the City's default or negligence,
the Contractor shall, at its own expense, reschedule and perform the services correctly within such
reasonable time as the City specifies. This remedy shall be in addition to any other remedies available
to the City by law or in equity.
b. The Contractor shall be solely responsible for controlling the manner and means by which it and its
Contracted Personnel or its subcontractors perform the services, and the Contractor shall observe, abide
by, and perform all of its obligations in accordance with all legal requirements and City work rules.
33. Assignment
This Contract, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by
Contractor to any other person or entity without the prior written consent of the City. In the event that such prior written
consent to an assignment is granted,then the assignee shall assume all duties, obligations, and liabilities of Contractor
stated herein.
34. No Conflict of Interest
Contractor represents that it or its employees do not have any interest and shall not hereafter acquire any interest,
direct or indirect,which would conflict in any manner or degree with the performance of this Contract. Contractor further
covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this
Contract.
35. Contract Preservation
If any provision of the Agreement, or the application of such provision, shall be rendered or declared invalid by a court
of competent jurisdiction, or by reason of its requiring any steps, actions or results, the remaining parts or portions of
this Agreement shall remain in full force and effect.
36. Promotional Advertising I News Releases
Reference to or use of the City, any of its departments, agencies or other subunits, or any official or employee for
commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior
approval of the City. Release of broadcast e-mails pertaining to this procurement shall not be made without prior
written authorization of the contracting agency.
37. Time is of the Essence
Timely provision of the services required under this Contract shall be of the essence of the Contract, including the
provision of the services within the time agreed or on a date specified herein.
38. Expansion clause
Any resultant contract may be further expanded by the Purchasing Manager in writing to include any other item normally
offered by the Contractor, as long as the price of such additional products is based on the same cost/profit formula as
Cost of Service Fee Study for Planning&Codes Division and Fire Department Inspection Fees Page 11 of 15
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the listed item/service. At any time during the term of this contract, other City departments may be added to this
contract, if both parties agree.
39. Patent Infringement
The contractor selling to the City the articles described herein guarantees the articles were manufactured or produced
in accordance with applicable federal labor laws. Further, that the sale or use of the articles described herein will not
infringe any United States patent. The contractor covenants that it will at its own expense defend every suit which shall
be brought against the City (provided that such contractor is promptly notified of such suit, and all papers therein are
delivered to it)for any alleged infringement of any patent by reason of the sale or use of such articles, and agrees that
it will pay all costs, damages, and profits recoverable in any such suit.
40. Warranty
Unless otherwise specifically stated by the Proposer, Contractor warrants that all goods and/or services furnished
under this contract are warranted against defects by the Proposer for one (1) year from date of receipt, are new,
conform strictly to the specifications herein, are merchantable, good workmanship, free from defect, are fit for the
intended purpose of which such goods and services are ordinarily employed and if a particular purpose is stated in a
Special Condition, the goods are then warranted as for that particular purpose. Contractor further warrants that no
violation of any federal, state or local law, statute, rule, regulation, ordinance or order will result from the manufacturer,
production, sale, shipment, installation or use of any other goods. Contractor's warranties (and any more favorable
warranties, service policies, or similar undertaking of Contractor) shall survive delivery, inspection, and acceptance of
the goods or services.
41. Access and Review of Contractor's Facilities
The City may visit and view any of the offices, premises, facilities and vehicles of the Contractor and/or Contractor's
Subcontractor upon request and reasonable notice during the term of the Contract and Contract renewals/extensions.
42. Facility Security
The City may prohibit entry to any secure facility,or remove from the facility,a Contract employee who does not perform
his/her duties in a professional manner, or who violates the secure facility's security rules and procedures. The City
reserves the right to search any person, property, or article entering its facilities.
43. Waiver of Breach
A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Contract shall
not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure
of either party to insist upon strict performance of any agreement, covenant or condition of this Contract, or to exercise
any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such
agreement, covenant, condition or right.
44. Integration
This Contract, represents the entire understanding of the City and Contractor 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
Contract may not be modified or altered except in writing signed by both parties.
45. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics, pandemics, war,
riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of
Cost of Service Fee Study for Planning&Codes Division and Fire Department Inspection Fees Page 12 of 15
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such pending or actual delay. Normally, in the event or any such delays(acts of God, etc.)the date of delivery will be
extended for a period equal to the time lost due to the reason for delay.
46. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
47. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in
Yakima County, Washington.
48. Authority
The person executing this Contract, on behalf of Contractor, represents and warrants that he/she has been fully
authorized by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms,
performances and provisions of this Contract.
49. Notice of Change in Financial Condition
If, during the Contract Term, the Contractor experiences a change in its financial condition that may affect its ability to
perform under the Contract, or experiences a change of ownership or control, the Contractor shall immediately notify
the City in writing. Failure to notify the City of such a change in financial condition or change of ownership or control
shall be sufficient grounds for Contract termination.
50. Change or Notice
Any alterations, including changes to the nature of the service, made to the Contract shall be rendered in writing and
signed by both responsible parties; no changes without such signed documentation shall be valid. No alterations
outside of the general scope and intent of the original Request for Proposals or in excess of allowable and accepted
price changes shall be made.
In no event shall the Contractor be paid or be entitled to payment for services that are not authorized herein or any
properly executed amendment.
Notice of Business Changes: Contractor shall notify the City in writing within three(3)business days of any change in
ownership of the facilities of the Contractor or of the facilities of any subcontractor. The Contractor shall notify the City
in writing as soon as possible, and in no event later than three(3) business days, after any decision by the Contractor
to change or discontinue service that will affect services provided to the City under this Contract.
The City shall have the right to renegotiate the terms and conditions of this Contract to the extent required to
accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and
unreasonably enlarges the Contractor's duties hereunder, or renders performance, enforcement or compliance with
the totality of the Contract impossible,patently unreasonable,or unnecessary. Notices and demands under and related
to this Contract shall be in writing and sent to the parties at their addresses as follows:
TO CITY: COPY TO: TO CONTRACTOR:
Bob Harrison Joan Davenport, AICP Martin Chaw
City Manager Community Development Director Protect Manager
City of Yakima City of Yakima FCS Group
129 North 2nd Street 129 North 2nd Street 7525 16611 Ave NE, Ste. D-215
Yakima WA, 98901 Yakima, WA 98901 Redmond, WA 98052
Cost of Service Fee Study for Planning&Codes Division and Fire Department Inspection Fees Page 13 of 15
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51. Survival
The foregoing sections of this Contract, 1-51 inclusive, shall survive the expiration or termination of this Contract in
accordance with their terms.
IN WITNESS WHEREOF, the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA FCS Group
By:
City Manager
Date:
Date:
Attest: (Print name)
City Clerk
Cost of Service Fee Study for Planning&Codes Division and Fire Department Inspection Fees Page 14 of 15
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EXHIBIT A
Scope of Work Deliverables and Fee Schedule
Cost of Service Fee Study for Planning&Codes Division and Fire Department Inspection Fees Page 15 of 15
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••••> FCS GROUP Finn ers
RedmondTovva�Center WashingtonI4Z.h867.1802
Solutions-Oriented Consulting 7525169h Ave NE,Ste.D-215 Oregon 1503.841.6543
Redmond,Washington Colorado 1719.284.9168
Exhibit A
CITY OF YAKIMA
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING AND CODE ADMINISTRATION, AND FIRE
DEPARTMENT INSPECTION FEES COST OF SERVICE STUDY
The City of Yakima Department of Community Development requested FCS GROUP provide a cost
of service fee schedule review for two divisions: Planning and Code Administration. In addition, the
City's Fire Department is requesting a cost of service fee schedule review for the City's Fire
Department Inspection Fees. While this study covers two departments, Joan Davenport, Director,
Community Development will serve as the City's overall project manager. Based on discussions
with Ms. Davenport, FCS GROUP was asked to prepare a study scope of work with the following
objectives:
• Determine the current level of cost recovery for fees as presented under existing fee levels,
inclusive of current internal service delivery (overhead) costs.
• Determine the necessary adjustments to current fees to achieve 100%cost recovery of
recoverable costs (cost-of-service fees).
• Prepare an interjurisdictional comparison of selected cost-of-service fees. We will work with the
City to develop a list of preferred peer cities for comparison.
• Forecast revenues for the next five years based upon anticipated volume for building, regulatory,
land use, and environmental fees under current fee levels and revised cost-of-service fee levels.
SCOPE OF WORK AND TASK PLAN
The enclosed task plan proposes to complete the requested study in two phases.
• Phase 1 will include a technical analysis to determine current fee level of cost recovery and to
determine the necessary adjustment to existing fees to achieve 100%recovery of fee eligible
costs. This phase will include a comparison of selected current and cost-of-service based fees to
neighboring jurisdictions.
• Phase 2 will include preparing a multi-year financial proforma based upon forecasted permit
activity levels and departmental operating expenses. The results of this proforma will assist the
City in long-term financial planning. Phase 2 work will commence upon completion of Phase 1.
Our study includes a total of four(4)meetings with City staff and up to two (2)workshop
presentations to the City Council and/or Planning Commission. Unless directed otherwise, we will
plan to conduct all meetings remotely due to continued COVID concerns. We will also facilitate a
bi-monthly(twice per month) project check-in call with the City's project team throughout the
duration of the study.
Our study deliverables will include draft and final reports of the cost-of-service study as well as the
aforementioned presentations to the City Council. The report will summarize the study's
19
City of Yakima,WA 2022 Community Development and Fire Inspection Cost-of-Service Fee Study
January, 2022 page 2
methodology, assumptions, and calculations and provide detailed cost-of-service and cost recovery
tables for the City's fee services.
The proposed budget for this study is $58,155 ($49,269 for Phase 1 and $8,886 for Phase 2). The
study would be completed over an approximate six to seven month period from notice to proceed
(August to September 2022, assuming a March notice to proceed). The following task plan provides
additional detail on our proposed study approach.
PHASE 1
Task 1.1: Conduct kick-off meeting
A common understanding of the study's objectives and expectations is critical to a successful study
process. At the beginning of the study, FCS Group will facilitate a remote initial kick-off meeting
with the City's project team to introduce
the project team members, discuss the Exhibit 1
City of Yakima Dept.of Community Development
study goals, confirm the individual
Planning, Code Administration, and Fire Organizational Chart
Inspection fees to be reviewed, and go over COMMUNTIYDEVELOPMENT
QromiLtiad Q..a..d lw..y 1,2021
the study methodology, scope, expectations,
schedule, and anyspecific concerns and J.DAVENPORT
pDirector of Community Development
issues the City wishes to investigate further. p°°Full Time Equivalents s'
K.IKAKKA
Task deliverables: We will facilitate a remote AdritUuctrath
Aru.taart
project kickoff meeting to discuss and, if
necessary, refine the study scope of work
based on City discussion and direction. Cd;DEN11AN JA,,`"n`gManagOUN "" hood s
Manager
t.,
COOS BANNING \AIf.1.111ORN(NN)
ADMINISTRATION DIVISION DEVFLOPMFNI'
Task 1.2: Data collection and validation 1600Ti" '°°"" `°°'IT'
as and local R,a/lly Amwad= Cwnmwury
� �..� .
C.tiuuulCwwel lWdkvian &.:.1 Cn„.R.al�„,
Prior to the kick-off meeting, we will provide w l,„ lll��,.w,y,.r„m ,to�:s,I ,m,ort
the City's project team with an initial data m� lnrA - "
w,,.W. roe„.. , 11„
Ilu:m I wont
I(ed.Jatay Pdw halo Fcoyam
request identifying financial budget and actual q" ""' "° "°""�"`
data and historical permit volumes. We will
work with the City's project team to
determine staff fee-time information. Staffing time records play a critical role in the fee study and
form the basis for determining the hourly rates for staff to provide full cost-based fee services.
Additionally, labor costs typically comprise the largest share of costs to provide fee services. We will
work with the City's project team to develop detailed timesheet records, fee groups, and time
categories (see Exhibit 2).
Exhibit A
20
City of Yakima,WA 2022 Community Development and Fire Inspection Cost-of-Service Fee Study
January, 2022 page 3
Exhibit 2
Example of City Staff Time Categorization
LABOR HOURS Employee Employee Employee Employee Employee
Total #1 #2 #3 #4 #5
Total Personnel Costs $ 395,000 $120,000 $100,000 I $ 75,000 $ 45,000 $ 55,000
Regular Labor 9,360 2,080 2,080 2,080 1,040 2,080
Annual Overtime 0 0 0 0 0 0
Total Annual Labor 9,360 2,080 2,080 2,080 1,040 2,080
Less Annual Leave 1,152 240 240 240 120 312
Total Available Work Hours 8,208 1,840 1,840 1,840 920 1,768
Code and Policy Development 195 100 40 50 5 0
t Public information&Customer Service 1,470 210 300 250 80 630
v Training&Certification 250 30 80 80 20 40
c General Administration&Management 1,280 400 300 100 50 430
_ Other 330 0 80 250 0 0
Net Annual Labor Related to Direct Services 4,683 1,100 1,040 1,110 765 668
Time Categories:
v Certifications and Appealable Letters - 73 70 0 0 0 3
C = Pre-submission Conference 177 20 9 36 0 112
e Variance and/or Reasonable Use Exemptions 3,478 770 736 938 590 444
- o Code and Plan Amendments 175 100 45 16 0 14
c Annexation 255 140 0 20 0 95
_ Engineering 250 0 250 0 0
2 Time Categories:
o LL '5 Non-development Fire Prevention 175 0 0 0 175 0
z -
u°1+ Hydrogeologic Reviews 100 0 0 100 0 0
Total Direct Hours 4,683 1,100 1,040 1,110 765 668
Total Indirect Hours 3,525 740 800 730 155 1100
Total Direct Hours-Fee Services 4,408 1,100 1040 1010 590 668
Total Direct Hours-Non-Fee Services 275 0 0 100 175 0
j Grand Total 8,208 1,840 1,840 1,840 920 1,768
Task deliverables: Prepare and transmit an initial data request to the City's project team.
Task 1.3: Identify the cost-of-service
This task will provide City with a comprehensive cost-of-service for individual fees. As part of the
analysis,the cost-of-service will be itemized into three cost categories - direct costs, indirect costs,
and overhead costs, in total will provide a transparent evaluation of the costs and cost drivers for
each individual fee service.
• Direct Service Costs -those costs that directly support a project, permit application, or specific
activity and that are often tied to a specific fee(e.g., conditional use permit).
• Indirect Service Costs -those costs that support direct services, such as customer service,
employee training, and program administration.
• Overhead Costs - City management and administrative costs that are allocated to the programs
and related fees.
During this task, we will work with the City to identify any new staffing and operating costs that the
City may be considering. These costs can be folded into the cost-of-service analysis.
The proposed scope includes up to two (2)remote group interview sessions with City staff to discuss
and estimate the amount of time required to process permits. We will calculate an hourly rate and
apply the rate to the amount of time needed to process a permit to determine the cost to provide each
individual fee service, determine the current level of cost recovery and the adjustments needed for
Exhibit A
21
City of Yakima,WA 2022 Community Development and Fire Inspection Cost-of-Service Fee Study
January, 2022 page 4
each fee service to achieve 100%full cost recovery. Exhibit 3 provides an example of cost layers
that form the basis of determining the cost-of-service.
Exhibit 3: Example Cost Layer Table and Cost-of-Service
Full Cost of Service
Components of the Cost of Service %of Total
Labor Non-Labor Total
Costs
N ,,,
U. V
t 1 Total Direct Services $ 256,961 $ 27,944 $ 284,906 30%
i N
O N
ul Code and Policy Development 85,412 11,166 96,577 10%
, Public information&Customer Service 117,099 13,634 130,733 14%
m Training&Certification 18,381 2,166 20,547 2%
General Administration&Management 60,105 6,212 66,317 7%
L Other 14,943 1,814 16,757 2%
a N Department Administration 24,052 3,517 27,569 3%
w SU ,°u' Division 56,939 12,124 f69,064 7%
s d Citywide U � • � • 1 190,757 190,757 20%.
0 v., I - 0%
Subtotal-Direct Fee Services $ 633,893 $ 269,335 $ 903,228 96%
y Non-development Fire Prevention $ - $ - $ - 0%
d t'i Department Administration 1,703 249 1,953 0%
d •
e y Division -vs - 4,033 859 4,891 1%
Citywide 0 • • • • 13,510 13,510 1%
Subtotal-Other Direct Services $ 22,396 $ 16,597 $ 38,993 4%
Total $ 656,289 $ 285,932 $ 942,221 100%
Task deliverables: Facilitate up to two (2)remote group interview with City staff to discuss and
determine the estimated time spent for each fee service; calculate and determine current cost
recovery; calculate and determine the full cost-of-service for each fee service.
Task 1.4: Compare the cost-of-service to existing fee revenue
Once the cost-of-service analysis is completed, a cost recovery analysis will be performed by
comparing the costs to provide each service with either the budgeted or actual revenues supporting
the service. The cost-of-service for individual fee services will be compared to the current fees
charged to determine the current level of cost recovery. Exhibit 4 provides an example of the cost
recovery summary.
The calculated cost of service fees will also be used as a basis of comparison to neighboring
jurisdictions. We will work with the City's project team to select the fees and jurisdictions for
comparison.
Exhibit A
22
City of Yakima,WA 2022 Community Development and Fire Inspection Cost-of-Service Fee Study
January, 2022 page 5
Exhibit 4. Example Cost Recovery Summary
Total Costs Total Revenues
$1,050,000 $1,050,000
19%
$200,000 General Fund
10% Contributions
Dept/Div OH $350,000
$100,000
■
33% Indirect •
$350,000 •
■
■
Fee Revenues •
$206,624 •
38% Direct •
$400,000 • 67%cost
■ recovery
■
Task deliverables: Calculate and determine the current cost recovery under existing fees; comparison
of existing fees to proposed full cost-of-service fees; comparison of existing and full cost-of-service
fees to selected neighboring jurisdictions; identification of differences in cost recovery by fee
service.
Task 1.5: Review results with the City project team
Once we have completed the technical components of the study, we will review the preliminary study
results with the City's project team during two (2)remote meetings. These meetings will include
reviewing the study results, answering any questions about the methodology, and identifying the full
cost of providing City fee services. If necessary, we will suggest changes to existing city policies that
would be required to implement recommendations from this study.
Task deliverables: We will facilitate two (2)remote meetings to review preliminary study results
with the City's project team.
Task 1.6: Council/Planning Commission Workshop Presentations and Documentation
FCS Group will prepare and submit the following documents and presentations:
• Power Point presentations to review the study methodology and results:
• Up to two (2)remote workshop presentations to the City Council and/or Planning Commission.
Presentations will be reviewed with the City's project team prior to presentation.
• Electronic copy of the draft report for review and comment(MS-Word format). The report will
detail the assumptions, methodology, results, and recommendations of the fee study.
• Electronic copy of the final report(PDF format), incorporating any comments from the City's
project team.
• Electronic copy of the financial model(MS-Excel format).
Task deliverables: We will prepare presentations to Council, a draft and final report.
Exhibit A
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City of Yakima,WA 2022 Community Development and Fire Inspection Cost-of-Service Fee Study
January, 2022 page 6
Task 1.7: Project Administration
This task includes the various administrative efforts that will take place during the study and includes
the following:
• Providing summaries or e-mails outlining follow up items, assigned tasks, and schedule
milestones.
• Preparing a monthly invoice with a progress report on the activities performed during the billing
period.
• Facilitate a bi-monthly(twice per month) 30-minute telephonic project check-in with the City's
project team. This check-in will include sharing the status of current and upcoming analytic
activities, discuss and share deliverables, discuss and resolve any issues that may arise and
potentially affect the project schedule or deliverables.
Task deliverables: Provide project administration, invoicing, and regularly scheduled project check-
ins with the City's project team.
PHASE 2
Task 2.1: Develop a 5-year financial proforma
We will develop a 5 year financial proforma for the City based on current fee levels and cost-of-
service fee levels. This information will assist the City in long-term financial planning. This task will
include the following:
• Develop a 5-year financial pro-forma for fee-service revenues, based on anticipated permit
volumes/types and anticipated changes to recoverable labor and non-labor expenses. We will
facilitate one remote review meeting with the City's project team.
• Identify any new costs that the City may be considering over the 5-year planning period (e.g. new
staff and/or program costs).
• Identify the requisite annual increase the City's fees to fund annual inflationary and new costs.
• Provide documentation for future budgeting purposes.
• Develop recommendations for financial policies and financial reserves to account for changes in
development activity and operating expenses.
Task deliverables: Prepare a multi-year proforma financial analysis and facilitate one remote review
meeting with the City's project team.
BUDGET ESTIMATE
The following table summarizes our estimated cost to perform the above phased task plan($58,155).
The cost of complete Phase 1 is not to exceed $49,269 and includes four remote meetings with the
City's project team and workshop presentations to the City Council Finance Committee and full City
Council (total 2 Council and/or Planning Commission workshops). The cost to complete the task
under Phase 2 is not to exceed $8,886 and includes one remote meeting with the City's project team.
We bill based on actual time and materials. If our actual level of efforts is less than proposed, those
Exhibit A
24
City of Yakima, WA 2022 Community Development and Fire Inspection Cost-of-Service Fee Study
January, 2022 page 7
savings will remain with the City. We invite the opportunity to negotiate the appropriate level of
effort for this project if we have scaled our approach out-of-line with the City's needs and
expectations.
Sanchez
Virnoche Chaw Jiang Admin 1
Total Budget
Task Detail Principal Manager Sr.Analyst Support Hours Estimate
2021 Hourly Billing Rates $270 $195 $145 $90 1 1
Phase 1
Task 1.1 Prepare for and Facilitate kick-off meeting
Prepare for and Facilitate kickoff meeting 1 2 2 0 5 $950
Task 1.2 Data collection and validation
Prepare data request ■ 0 0 4 1 l $580
Collect and review City data;validate information;fullowup as needed 0 16 60 0 76 $11,820
Task 1.3 Identify the cost of service
Prepare for and facilitate group interview sessions (2 sessions) 0 6 10 0 16 $2,619
Determine direct costs 2 4 16 i) $3,640
Determine indirect and overhead costs 0 4 10 0 _ 14 — $2,230
Task 1.4 Corn pare cost of service to existing fee revenue—.
Determine existing cost recovery 4 8 20 0 32 $5,540
Prepare interjurisdictional fee survey 0 4 16 0 20 $3,100
Task 1.5 Review results with the City project team
Prepare for and facilitate review meetings (2 meetings) 6 8 8 0 22 $4,340
Task 1.6 Documentation and Council Workshops(2 workshops)
Prepare draft presentations;review with City team and revise as needed 2_ 11 12 12 0 26 $4,620
Prepare for and facilitate Council Committee/Full Council workshops 3 8 8 0 199 $3,530
Task 1.7 Project Check-In and Administration
Biweekly check ins 6 6 6 0 18 $3,660
Project invoicing and administration . 2 8 0 6 16 $2,640
IIMIkubtotal 11 49,269
Phase 2
Task 2.1 Develop 5-year forecast and financial pro-forma
Prepare forecast of development activily 0 8 16 0 24 f6881
Prepare financial proforma 0 4 16 0 20 $8,102
Review results with City team 2 4 4 0 10 $1003
Phase 2 Subtotal iE886
Total Tasks $56,155
Exhibit A
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City of Yakima,WA 2022 Community Development and Fire Inspection Cost-of-Service Fee Study
January, 2022 page 8
PROJECT SCHEDULE
The study will be completed over an approximate six-month period after notice to proceed. The
technical analysis is anticipated to be completed by August 2022 to help inform the City's budget
discussions. The final report, depending upon project status, may be completed in September.
Completion of the analysis is dependent on timely coordination between FCS Group and the City's
project team for receipt of requested data/information, quality of data, and City staff availability for
interviews and review meetings. The graphic below is an example only and illustrates the project
schedule with an approximate March 2022 start and August/September 2022 completion.
A final study schedule will be developed in collaboration with the City's project team as part of the
initial kick-off meeting.
Project Task-Phase 1 Mar Apr May Jun Jul Aug Sep
Task 1.1 Prepare for and Facilitate kick-off meeting I
. 111 " ",1 ,�11",
Task1.2 Data collection and validation �1____` 1„111111.1„1,11■11,
Task 13 Identify the cost of service """ti'"9„""„""■"'
Task 1.4 Compare cost of service to existing fee revenue """"""�����""„'■",
Task 15 Review results with the City project team 1111111111111111611111111111
""""" ti p]'1„1■11'
Task 1.6 Documentation and Council Workshops Q workshops) „""""" 1.77 "'
Task 1.7 Project Check-In and Administration 0:11:iM,MEMEMM MMMEMElI„
Project Task-Phase 2 Mar �Alpr May Jun Jul Aug Sep
Task2.1 Develop5-year forecast and hnanrial pro-forma „"�I 711
1
"„•11. 1"
1 =Remote meeting •=Draft Report
=Council Presentation .=Final Report
Exhibit A