HomeMy WebLinkAboutR-2022-025 Resolution authorizing a Professional Services Agreement with FCS Group for Community Development Services Fee StudyA RESOLUTION
RESOLUTION NO. R-2022-025
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 15th day of February, 2022.
ATTEST: Janice Deccio, Mayor
Sonya CIa- r Tee, City Clerk
PROFESSIONAL SERVICES AGREEMENT
FOR
COST OF SERVICE FEE STUDY FOR PLANNING & CODES DIVISION AND FIRE DEPT INSPECTION FEES
THIS PROFESSIONAL SERVICES AGREEMENT, entered into onthe date of last execution, between the City of
Yakima, oWashington municipal corporation ('Cih").and FCGGmvu.("Conbudor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as
1. Statement of Work
The minimum services referred toau 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. Conpmnmedmm
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 ofitemized 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 Tmmn
The period of this Contract shall be for aperiod of one year from its effective date, The City may, at its option, extend
the Contract onoyear tuyear basis for uphufour(4) additional years, Contract extensions shall baautomatic, 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, mtall times, beonindependent Contractor and not anagent orrepresentative ofCity with regard ho
performance of the 8ond000. Contractor uhuU not represent that it is, or hold itself out as, on agent or nap[moonhodve
of City, In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City.
8. Successors and Assigns
a. Neither the City. nor the Contractor, shall mun|gn, bonuhwr, orencumber any rights, dUUeV. or interests
accruing from this Contract without the prior wh#onconsent nfthe 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 orpapers ofany sort relating 1uthe City and hothe project *iUmtoUUmnobmthupropeMynfthoQtyond
ohoU be surrendered to the City upon demand. All information concerning the City and said project which is not
otherwise m matter ofpublic moonJ or required by law to be made pub|ic, is confidential, and the Contractor will not, in
whole nrpart, now oratany time disclose that information without the express written consent ofthe City,
7. Inspection and PrmducflonnfRecords
o. 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'o knowledge 0fdefective ornon-complying pmdhnnnncn.UsnubotanUa|itynrthe
ease o[its discovery. Contractor shall provide the City sufficient, safe, and proper facilities, and/or send
copies of the requested documents to the Qh/. Contractors mourd8 re|8UDQ UV the Services will he
provided hothe City upon the C|ty'mrequest.
b. Contractor shall promptly furnish the City with such inhunnoUon and records which are related tothe
Services ofthis Contract aomay barequested bythe City, Until the expiration ofsix /8\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 nxomine, audit and copy) all ofContractor'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 hothe Services are City nfYakima records, They must beproduced hothird parties,
if required pursuant iothe Washington State Public Records Act, Chapter 42.58RCW,orbvlaw. All
records relating to Contractor's oemioao 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 0rtermination o[this Contract,
8. Work Made for Hire
All work theConVantorpohhmmunderthisConbactohaUbeconoidwreUwnrkmodehxhka.andohal|bethapmpwMy
ofthe City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any
other materials the Contractor produces inconnection with this Contract, Oncompletion ortermination of the Contract,
the Contractor shall deliver these materials bothe City.
9. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in h/U compliance with any and all
mppUomb|m |own, ru|uo, and regulations adopted or promulgated byany governmental agency or regulatory bndy,
whether federal, state, |000[ or otherwise, including policies adopted by the City. as those |mwo, urdinunono, m|ou,
mgu|utiuno, and pn|ioiao now exist nr 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 orthis project, poyoUohargeoandfomm.undgiveoUnoUueunacnooeryondinc|daOto|tothudumand|owdu|
execution ofthe work.
Contractor shall procure and have all applicable and necessary permits, licenses and approvals of any federal, state,
and local government o/governmental authority urthis project, payaUuhurgnmandfeus.andgivoa||nd|mounuoeosary
and incidental tothe due and lawful execution ofthe work.
a. Procurement ofoCity Business License. Contractor must procure oCity of Yakima Business License
and pay all charges, fees, and taxes associated with said license,
b. Contractor must provide proof ofavalid Washington Department ofRevenue state excise tax registration
number, aorequired inTitle 85RCNi
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c. Contractor must provide proof of o valid Washington Unified Business Identification 8J80 number,
Contractor must have acurrent UB|number and not bedisqualified hnmbiddngonoUypWbUoworko
contract under RCVV3Q.O9.1U1ur3G.12.UG6(3).
d. Contractor must provide proof o[o valid Washington Employment Security Department number as
required byTitle 5OROVK
o. ��e�q(Won4WaAlthough the City does not require foreign corporate proposers
to qualify in the C|ty. County or State prior to submitting u pmpunu| it is upanifiooUy understood and
agreed that any such corporation will promptly take all necessary measures tobecome authorized b)
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, priorto conducting any business
in the City,
10.Nondiscrimination Provision
During the performance /f this Contract, the Contractor agrees osfollows:
The Contractor shall not discriminate against any person on the grounds of race, Greed, color, religion,nmdono|ohgin.
sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation orbelief, nr
the presence of any oonoory, mental or physical handicap in violation of the Washington State Law Against
Discriminaton (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,
advertsing, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision
ofServices under this Agreement,
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such
m|na, nugu|ationm, or orders, this Contract may be cancelled, tarminuted, or suspended in whole or in part and the
Contractor may bodeclared ineligible for any future City contracts.
11. Pay Transparency Nondiscrimination Provision:
The Contractor will not discharge urinany other manner discriminate against employees orapplicants because they
have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However,
employees who have aouaoo to the compensation information ofother employees or applicants as u pad 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 investigationoonducbedbvtheemp|nyer.
nr(o) consistent with the contractors legal duty hofurnish information,
12. Indemnificafion and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to preventinjury h)persons m
property. The Contractor agrees torelease, indemnify, defend, and hold harmless the City, its elected
and appointed uffioo|m, uffinnm, empbymno, agents, representatives, insurers, attorneys, and volunteers
from all Uab|||Ueu. |oomee, dWmagmn, and expenses related to all o|oimo, uuitu, arbitration aubunu.
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, inperformance ofthis Agreement, except for claims caused bythe C|ty'ssole negligence,
The City's right to indemnification includes attorney's fees and costs associated with establishing the right
hoindemnification hereunder |nfavor ofthe City.
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b. If any suit, judgment, acfiun,claim mdemand arises out of, or occurs in conjunction with, the negligent
acts and/or omissions of both the Contractor and the City, mtheir elected mappointed 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, 'udgmemL, uctinn, o|a|m, dnmond, damages or
costs and expenses, including reasonable mttumoyo'0onm.
u. 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 oot. Title 51
RCN[solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in
any way byany limitation unthe amount ofdamages, compensation urbenefits payable tuorbvany third
party under workers' compensation mcts, 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
RCN( and assume all potential liability for actions brought bytheir respective employees, The Parl�ieo
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,
inthe event nfliability for damages arising out nfbodily injury tuporsnnOordomogeu8apnnpedyoauand
by or muu|UoQ from the concurrent negligence of the Contractor and the City, the Contractor's |iobi(ity,
including the duty and cost todefend, shall beonly h>the extent ofthe Contractor's negligence.
e. Nothing contained in this Section or this Contract shall be construed to create a liability or right of
indemnification inany third party.
[ The terms ofthis Section shall survive any expiration ortermination of this Contract.
13. Contractor's Liability Insurance
At all Umoo during performance of the Services and this Conbrao. Contractor shall 000ue and maintain in effect
insurance to protect the City and Contractor from and against any and all u|aimm, dmmoQnu, lounoa, and expenses
ohu|ng out of or mnu|UnQ 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 itdeem itnecessary inthe best interest ofthe 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 ohoU 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
tnmaintain such insurance.
The following insurance isrequired:
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 ($2.00O.0OO.0O)general aggregate. |fContractor carries higher coverage limits, such limits shall beshown on
the Certificate cfInsurance and Endorsements and the City, its elected and appointed offioials, umployeeu, agonto,
attorneys and volunteers shall banamed mxadditional insureds for such higher |imits. 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 |neffect.
Said policy shall be|neffect for the duration ofthis Contract. The certificate cfinsurance 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 buwith aninsurance company urcompanies rated
A,V||orhigher |n8wnfVGuide and admitted inthe State Vf Washington. The requirements contained herein, uowell
as City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any
manner limit orqualify the liabilities orobligations assumed bvContractor 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 %Mth 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 aoadditional insureds for such higher limits. The certificate shall dearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall bnineffect for
the duration cfthis Contract. The certificate of insurance and additional insured endorsements shall name the City of
Yokima, its elected and appointed officials, nmp|oyoou, agonts, attorneys and volunteers as additional |nsumdn, 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 on insurance company or companies mhad A4/|| or higher in 8est'oGuide and
admitted in the State of Washington. The requirements contained hans|n, as well as City VfYokimo'u review or
acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit nrqualify the
liabilities orobligations assumed byContractor under this contract, The business auto liability shall include Hired and
Non -Owned coverage |fnecessary.
u. Employer's Liability (Stop Gap)
Contractor and all mubconbactnr(o)shall mtall times comply with all applicable workers' nnmpenuaUon, occupational
dioeaoe, and occupational health and safety |owo, mbdutau, and regulations hothe full extent applicable, and shall
maintain Employer's Liability insurance with o limit ofno less than $1.000.000.00. The City mhmU 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 ofall mubnontnmdbr(n). Contractor iuresponsible bensure uubcuntrmdmr(o)have insurance ao
needed. Failure ufuubcontnodom(o) to comply with insurance requirements does not limit Contractor's liability or
responsibility.
d. Professional Liability [FOR CONSULTANTS ONLY]
The Contractor nhe|| provide evidence of Professional Liability insurance covering professional mrmm 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 ($2.000.008.00) aggregate. The certificate ohoU 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 bewith an insurance company orcompanies rated A-VII or higher in Best's Guide. If the policy iswriften
on o claims made basis the coverage will continue in force for an additional two years after the completion of this
contract. |finsurance |unnaclaims made form, its retroactive date, and that ofall subsequent renewals, shall beno
later than the effective date ofthis Contract.
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Contractor's insurance coverage shall bo primaryinuurancowdhranpeobuthooawhnaneAddMonu||nuumdsunde
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 anysettlements, defense
costs, orother payments made UyContractor's insurance.
Ifatany time during the life cf the Contract, many extension, Contractor fails homaintain the required insurance infull
force and effect, all work under the contract shall bediscontinued immediately. Any failure tomaintain the required
insurance may besufficient cause for the City to terminate the Contract.
14. SmvwnuhUUn
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 orapplication. To this end, the terms and conditions of this Contract are declared severable.
16. Contract Documents
This Contract, Cost ofService Fee Study for Planning & Codes Division and Fire Department Inspection Fees, including
Exhibit & 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 inthe Office ofthe City Clerk, 12ANo. 21dGL.Yakima, WA, 98901. and are hereby incorporated bvreference 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 discrebooinsuch
event that it provides the Contractor with written notice of Contractor's breach and the Contractor fails to cure its breach
within 30days n[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 ofCity'a breach and the City fmi|oo to uuom its breach of the Contract
within OOdays of this notice,
The following nupnmuonb a non-exclusive, illustrative list ofinstances that shall be considered m breach by the
Contractor:
e. Defaults onmn obligation under the Contract;
b. Fails to perform any material obligation required under the Contract;
o. 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 legal ly-im posed, 30-day
notice;
e. Makes mnassignment for the benefit ofcreditors;
[ Fails to follow the sales and use tax certification requirements of the State of Washington;
g. Incurs adelinquent Washington tax liability;
k. Becomes mState urFederally debarred Contractor;
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i Is excluded from federal procurement and non -procurement Contracts;
Fails bomaintain and keep in force all required insurance, permits and licenses axprovided in the
k Rails to maintain the confidentiality of the City information that is considered to be Confidential
Information, proprietary. mcontaining Personally Identifiable Information;
|. 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, byproviding 3Udays 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 evnnt,
compensation for such partially completed services shall be no more than the percentage of completion of the services
nmqonstad, at the sole d|nnn*tiun of the Cbv, multiplied by the corresponding payment for completion of such oamioeo
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.
|naddition bothe above termination provisions, ifthe funds upon which the City relied hoestablish
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
|nthe event that any dispute shall arise osb`the interpretation nYUlisagneement,min the event ofanotice cfdefault
aohuwhether such default does constitute ubreach ufthe contract, and if the parties hereto cannot mutually settle
such differences, then the patties shall first pursue mediation as a means to resolve the dispute, |fthe afore mentioned
methods are either not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County, inaccordance with the laws of Washington. |fboth parties consent inwriting, other available means o[dispute
resolution may beimplemented.
18.Substitudn
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 mNotice".Any violation of this procedure
by the Contractor will beconsidered cause for immediate cancellation of the Contract for cause by the City.
19. Contractor Shall Furnish
Except as otherwise specifically provided |nthis Contract, Contractor shall furnish the following, all as the same may
be required to oodbnn and provide the mumkms in accordance with the terms of this Contract: personnel, |8h$[
products and supervision; and technical, professional and other services. All such uervioem, pmduds, property and
other items furnished or required to be humiohed, together with all other obligations performed or required to be
padhrmod.bvContnactorunderth|nContrauiuemomotimanoUoctivn|yrefernadio|nthioContrantoathe^(88m|nom).^
20. Complementary Provisions
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All provisions of this Contract are intended tobo complementary, and any services required by one and not mentioned
in another shall beperformed tothe same extent as though required by all. Details of the services that are not
necessary 0ocarry out the intent of this Contract, but that are not expressly required, shall bmperformed orfurnished
byContractor aspart Of the services, without any increase |Dthe compensation otherwise payable under this Contract,
21. Invoices
The City will use its best efforts to pay each ofContractor's invoices within thirty 0Qdays after the City'mreceipt and
verification thereof; provided, however, that all such payments are expressly conditioned upon Contractor providing
services hereunder that are satisfactory tothe City. The City will notify the Contractor promptly ifany 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 hothe City gdthe following address:
City of Yakima
Attn: Ruoaindolbana
12BN2ndStreet
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 nfProfessional Services
The oorNcno provided for herein whm|| be performed by Contractor, and no person other than regular associates ur
employees of Contractor shall be engaged on such work urservices, Contractor uhoU not (by oontmct, 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 nrsubcontracting without the O|ty'm prior written consent ohoU be
voidable otthe City'noption.
No delegation of subcontracting of performance of any of the services, with or without the 0ity'oprior written consent,
shall relieve Contractor of its responsibility to perform the services in accordance with this Contract. Contractor shall
befuUyreapunmib|afnrthmpedhnnonne.ontsondomiouinnmofContrado/ommp|oyewa.Conbadn/uoubuontrmdom.
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 Vo
performance nfthe services. Contractor shall not represent that it is, nor hold itself out as, an agent or representative
(fthe 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 mo|o|y responsible for payment ofany statutory workers compensation or employer's
liability insurance oorequired bystate law, The Contractor will have unactive account with the Department ofRevenue,
other state agencies as nnmdad, and a separate set of books or mnnn1m that reflect all items of income and expenses
ofthe business that the Contractor iuconducting.
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 |iconuod, equ1pped, orQonized, 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
IfoppUmable.Cun�ou�rohuKhave avaUdand ounonbuw�omoU�
conmorChmp�r5.52of�eYakmuMunidmd
Codecovering this type ofbusiness and shall satisfy all applicable City Code provisions. Said license shall boobtained
prior buthe award o[any contract. Inquiries as to fees, etc., should be made to the Office of Code Administration,
telephone (50S)57§'8128.
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 belisted onthe bid/RFP/buV0a.
Contractor shall take all mmonnob|e precautions to protect against any bodily injury (including death) or property
damage that may occur inconnection with the services.
26. Removal of Subcontractor
If dissatisfied with the background,performance, and/or general methodologies of any subcontractor, the City may
request inwriting that the subcontractor beremoved. The Contractor shall comply with this request adonce and shall
not employ the subcontractor for any further work/services under this Contract.
26.Taxes and Assessments
Contractor shall besolely responsiblefor and shall pay all taxes, deductions, and assessments, including but not limited
hofederal 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,
|nthe event the City is assessed a tax or assessment as a result of this Contract, Contractor shall pay the same before
itbecomes due.
The City and its agencies are exempt from payment of all federal excise taxes, but not sales tax (currently atB3%).
Tax will not be considered in determining which proposal is the lowest or best, however ROVV3Q.3U�O4U allows the
�
�|huhmkeanysd�tax that
eo�ondB&OhthimwU|mnevehnmpumhm�nQnupp|�s.m�shm|oandmqui ndwithinUts
boundaries into consideration when determining the lowest responsible Proposer.
27. Contractor Tax Delinquency
Contractors who have adelinquent Washington tax liability may have their payments offset by the State of Washington.
28. Inspection: Examination nyRecords
The Contractor agrees to furnish the City with numnunab|o 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 ub|igaUons incurred or to be incurred in connection #herewith, 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 10such facilities.
Cost vvService Fee Study for Planning mCodes Division and Fire Department Inspection Fees Page 8n[15
29. Recordikeeping and Record Retention
The Contractor shall establish and maintain adequate records of all expenditures incurred under the contract. All
records must bekept in accordance with generally accepted accounting procedures. All procedures must bein
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
hoany contract resulting from this proposal held bythe 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 moinboin, the confidential nature of such
information inaccordance with the terms of this Contract.
Contractor oho| institute and maintain such security procedures as are commercially reasonable to maintain the
confidentiality of the Confidential |nfonnodnn while in its possession or control including banopmrtatioo, whether
physically orelectronically.
Contractor ohm|| ensure that all indications of confidentiality contained on or included in any item of Confidential
Information shall be reproduced by Contractor on any nepmduoUnn, mmdifiooUon, or translation of such Confidential
Informabon. 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, audirected.
Contractor shall maintain all Confidential Information anconfidential for period of three (3)years from the date of
termination of this Contract, and shall return mdestroy 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 iorequired under law nrmcourt order, provided that the City shall begiven prompt written notice of
such proceeding ifgiving such notice iolegally permissible,
31. Suspension wYWork
The City may suspend, in writing by certified mail, all or a portion of the Service under this Agreement if unforeseen
oimumabonoou beyond the City'w control are interfering with normal pmgmou of the Service. The Contractor may
suspend, iOwriting bvcertified mail, all uruportion nf the Service under this Agreement ifunforeseen circumstances
beyond Contractor's control are interfering with normal progress ufthe Service, The Contractor may suspend Service
on the Project in the event the City does not pay invoices when duo, 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 huterminate the Service on the suspended portion ofProject |n accordance with
Section 16,
32. Provision of Services
Cost of Service Fee Study for Planning uCodes Division and Fire Department Inspection Fees Page 1oof15
The Contractor shall provide the services set forth herein with all due skill, care, and diligence, inomcordanuowith
accepted industry practices, standards and legal requirements, and tVthe CUx'8satisfaction; the City decision inthat
regard shall bofinal and conclusive. The City may inspect, observe and examine the performance ofthe services
performed on the City premises at any time. The City may inspect, nboemw and examine the performance of
Contractor's services at reasonable times, without notice, at any other premises.
o. 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 aoaresult of the City'mdefault ornegligence,
the Contractor shall, at its own axpenmn, naochmdu!* and podhnn the services correctly within such
reasonable time as the City upno|8em. This remedy mhoU be in addition tuany other remedies available
tothe City bvlaw orinequity.
b. The Contractor shall be solely responsible for controlling the manner and means by which hand 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 Uoany other person 0[entity without the prior written consent ofthe City. |nthe 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 iturits employees do not have any interest and nhoU not hereafter acquire any interest,
direct nrindirect, which would conflict inany manner ordegree with the performance of this Controct. Contractor further
covenants that hwill not hire anyone urany entity having such oconflict ofinterest during the performance ofthis
Contract.
36. Contract Preservation
If any provision of the Agreement, or the application ufsuch provision, shall burendered ordeclared invalid bv000ud
of competent jurisdiction, or by reason of its requiring any steps, actions or results, the
rimdicUnn.mbxmaoonn[Kamquiringunyutepn.actinnnornmults.the remaining parts orportions nf
this Agreement shall remain infull force and effect.
36. Promotional Advertising / 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 e|eenem pertaining to this procurement shall not be made without prior
approval ofthe City, Release of broadcast e-mails pertaining to this procurement shall not be made without prior
written authorization ofthe contracting agency.
37. Time isofthe 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 bafurther expanded by the Purchasing Manager inwriting toinclude any other item normally
offered by the Contractor, as long as the price of such additional products is based on the same cost1profit formula as
Cost mService Fee Study for Planning mCodes Division and Fire Department Inspection Fees Page 11of15
the listed item/semice.Atany time during the term of this contract, other City departmentsnay be added to this
contract, if both parties agree,
39. Patent Infringement
The contractor selling tuthe City the articles described herein guarantees the articles were manufactured or produced
inaccordance with applicable federal labor laws. Further, that the sale uruse nfthe articles described herein will not
infringe any United States patent. The contractor covenants that |twill atits own expense defend every suit which shall
be brought against the City (provided that such contractor is promptly notified ofsuch 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
itwill pay all costs, damages, and profits recoverable |nany such suit,
40.Warnontv
Un|uun otherwise specifically wtehod by the Pmpuuar. Contractor warrants that all goods and/or oomiumo 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 mpouifiom8onu honwin, are mevuhanhob|o, good workmanship, free from defect, are 8t for the
intended purpose nf 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 nrservices.
41. Access and Review ofContractor'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, nrremove from the facility, aContract 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 tosearch any person, property, nrarticle entering its facilities.
43. Waiver of Breach
Awaiver byeither party hereto ofobreach of the other party hereto ofany covenant mcondition ofthis Contract shall
not impair the right of the party not in default to avail itself ofany subsequent breach thereof. Leniency, delay nrfailure
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 orright.
44. Integraflon
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 mat�covered herein. This
Contract may not bemodified oraltered except inwriting signed bvboth parties,
46. ForcwMajeunm
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 mService Fee Study for Planning mCodes Division and Fire Department Inspection Fees Page 12of15
such pending oractual delay, Normally, inthe event many such delays (acts �God, etc.)the date ofdelivery will he
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 minterpret this Contract shall lie inocourt of competent jurisdiction in
Yakima County, Washington.
48. Authority
The person executing this Contract, on behalf ofContractor, 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 bomm.
performances and provisions of this Contract,
49. Notice ofChange |nFinancial Condition
If, during the Contract Term, the Contractor experiences achange inits financial condition that may affect its ability <n
perforrn under the Contract, or experiences a change of ownership or control, the Contractor shall immediately noN�
the City inwriting. Failure hnnotify the City of such a change in financial condition or change of ownership or control
shall bnsufficient grounds for Contract termination,
50. Change nrNotice
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 Uemade,
In nuevent shall the Contractor be paid o/beentitled to payment for services that are not authorized herein or any
properly executed amendment.
Notice nfBusiness 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
inwriting os 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 ohmU have the right to mnognUmta the terms and conditions of this Contract to the extent required to
accommodate ochange in governing law orpolicy that, |nthe sole discretion ofthe City, either substantially and
VnnuuVVnab|y enlarges the Contnmcto/o duties hanaundmr, or renders podo/monne, enforcement orcompliance with
the totality of the Contract impossible, patently unreasonable, or unnecessary, NoUnaoand demands under and related
to this Contract shall be in writing and sent to the parties at their addresses as follows:
TO CITY:
Bob Harrison
City Manager
City (fYakima
129North 2rdGhne
Yakima WA, 088U1
COPY TO:
Joan AICP
Community Development Director
City of Yakima
139Nudh 2n,Otreet
Yakima, WA 98901
TO CONTRACTOR:
M@rtinChmw_
Proipct Manager
.�FC8Gmup�=^___,����
Redmond, WA 98052
Cost mService Fee Study for Planning uCodes Division and Fire Department Inspection Fees Page13 of1a
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
City Manager
Date:
tO,
CITY CONTRACT NO
RESOLUTION NO: -925
Attest:
City Clerk
Date:
FCS Group
. Vi 12-11 e,
Cost of Service Fee Study for Planning & Codes Division and Fire Department Inspection Fees Page 14 of 15
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
CS
Solut ions-Oricntcd Consulting
0
EPA
PLA
EPAR-
X
IT
Finn Fleadquaners
RexiiTiold 1-own Center
7525 166'1' Ave NE, Ste, D-215
Picea:y(4 V \lashing i(in 93052
Established 1988
lNastiinglori 42589;7'1802
Oregcin 503„841.5543
Color3do 1719 284,9158
T ENT *F C UNITY DEVELOP ENT
IN A C EA I ISTRATION, AND FIRE
E T INSPECTI N FEES •ST •F 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.
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
City of Yakima, WA
January, 2022
2022 Community Development and Fire Inspection Cost -of -Service Fee Study
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 Li: Conduct kick-off meeting
A common understanding of the study's objectives
process. At the beginning of the study, FCS Group
with the City's project team to introduce
the project team members, discuss the
study goals, confirm the individual
Planning, Code Administration, and Fire
Inspection fees to be reviewed, and go over
the study methodology, scope, expectations,
schedule, and any specific concerns and
issues the City wishes to investigate further.
Task deliverables: We will facilitate a remote
project kickoff meeting to discuss and, if
necessary, refine the study scope of work
based on City discussion and direction.
Task 1,2: Data collection and validation
Prior to the kick-off meeting, we will provide
the City's project team with an initial data
request identifying financial budget and actual
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).
and expectations is critical to a successful study
will facilitate a remote initial kick-off meeting
Exhibit I
City of Yakima Dept. of Community Development
Organizational Chart
COMMIINITY DEVFLOPMENT
DAVLWORT
Ditssttot oictsastrasststs, Dot etttIsmstrtt
2st Cttp Foil row tttSittitt Atm, (FIE st
G, DENMAN
t CIRO
Hfl
C.ALUOUN
Exhibit A
City of Yakima, WA
January, 2022
LABOR HOURS
Total Personnel Costs
17-
P.
a)
c a)
0 0 j
Z
2022 Community Development and Fire Inspection Cost -of -Service Fee Study
page 3
Exhibit 2
Example of City Staff Time Cate rizationo
Employee Employee Employee Employee Employee
Total 42 43 04 05
$ 395 000 5120,000 $ 100,000 $ 75,000 $ 45,000 $ 55,000
Regular Labor 9,360 2,080 2,080 2,080 1,040 2,080
0
Total Annual Labor 9,361 2,080 2,loa 2,080 1,040 2,080
Less Annua Leave 1,153 240 240 240 120 312
Annual Overtime 9 9 0 0 0
Total Available Work Hours 8,21:
1,840 1,840
Code and Policy Development 195 1160 40
Public information & Customer Service 1,471 310 300 250
Training & Certification 250 30 80
General Administration & Management 1,204 400 300
Other 330 0 80 250
1,840
920
1,768
630
10 40
100 50 430
Net Annual Labor Related to Direct Service 4,683 1,100 1,040 1,110 765 668
Time Categories:
Certifications and Appealable Letters n 70 0 0 0 3
Pre -submission Conference 177 20 9 36 0 112
Variance and/or Reasonable Use Exemptions 3,47.1 770 736 938 590 444
Code and Plan Amendments 175 100 45 16 0 14
Annexation 255 140 0 20 0 95
Engineering 250 0 250 0 0
Time Categories:
Non -development Fire Prevention
Hydrogeologic Reviews
175 0 0 0 175
100 0 0 100 0
1313t8l Dired 13033rs 4,681 1,1lA 1,040 1,110 765
Total Indirect Hours
70331 Direct Hours - Fee Services
Total Direct Hours -6Ion-Fee Services
Grand Total
3,525
4,408
275
8,208
MO 800 730 155 1100
1,100 1040 1010 590
0 0 100 175
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
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
Components of the Cost of Service
Full Cost of Service
Labor Non-Labar Total
% of Iota
Costs
Indirect Srvcs
M
u
U
1C ;
.G
Ul
kJ
Total Direct Services
$ 256,961 $ 27,944 $ 284,906
Code and Policy Development 85,412 11,166 96,577
Public information & Customer Service 117,099 13,634 130,733
Training & Certification 18,381 2,166 20,547
General Administration & Management 60,105 6,212 66,317
Other 14,943 1,814 16,757
Department Administration 24,052 3,517 27,569
Division 56,939 12,124 69,064
Citywide
1 M M * 19090 ,757 1,757
_M....M._ 1
Subtotal - Direct Fee Services
0
u
5 61
633,89 3 269,335 $ 903,228
Non -development Fire Prevention $ - $ - $ ..
Department Administration 1,703 249 1,953
Division 4,033 859 4,891
Citywide ; ! ; ! ; ! 13,510 13,510
Subtotal - Other Direct Services $ 22,396 $ 16,597 $ 38,993
Total
$ 656,289 $ 285,932 942,221
30%
10%
14%
2%
7%
2%
3%
7%
20%
0%
96%
0%
0%
1%
1%
4%
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
City of Yakima, WA
January, 2022
38%
2022 Community Development and Fire Inspection Cost -of -Service Fee Study
page 5
Exhibit 4. Example Cost Recovery Summary
Total Costs Total Revenues
$1,050,000 $1,050,000
Dired
$400,000
General Fund
Contributions
$350,000
•
•
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 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
City of Yakima, WA
January, 2022
2022 Community Development and Fire Inspection Cost -of -Service Fee Study
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
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.
Virnoche Chew liant3 Admin
„„••„„ :•••• • • -,• •„•• ,
Task Detail Principal Manager Sr. Analyst Support Hours Estimate
Phase 1
Task 1.1 Prepare for and Facilitate kick-off meeting
Prepare for and Facilitate kickoff meeting
Task 1.2 Data collection and validation
Prepare data request
Collect and rev iew City data; v alidate information; follow up as needed
Task 1.3 Identify the cost of service
Prepare for and facilitate group intery iew sessions (2 sessions)
Determine direct costs
Determine indirect and overhead costs
Task 1.4 Compare cost of service to existing fee revenue
Determine ex isting cost recovery
Prepare interjurisdictional tee survey
Task 1.5 Review results with the City project team
Prepare for and facilitate rev iew meetings (2 meetings)
Task 1.6 Documentation and Council Workshops (2 workshops)
Prepare draft presentafibns; review with City team and rev Ise as naldz
Prepare for and facilitate Council Committee Full Council workshops
Task 1.7 Project Check -In and Administration
Biweekly check ins
involulno and administration
4 9580
76 $11,820
$2,619
53,640
$Z 230
26 $4,620
19 63,530
$ ,6.10
Phase 1 Subtotal 26 56 112
Phase 2
Task 2.1 Develop 5-year forecast and financial pro -forma
Prepare forecast of development activity
Prepare financial proforma
Rev iew results with City team
Pflug2 Subtotal
a 16
28 101 206 6 - 44 $48.144
Exhibit A
City of Yakima, WA
January, 2022
PROJECT SCHEDULE
2022 Community Development and Fire Inspection Cost -of -Service Fee Study
page 8
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.
.11:::aL,tilflittehthilKESELAVARIENteitaigiNviaggetcLaaatibleatfaiMptlisMiriamone
Task 1,1 !Prepare for and Facilitate kick-off meeting
Task 1,2 Ditto collection and validation
Task 1,3 Identify the cost of service
Task 14 Compare cost of service to existing fee rev enue
Tack 1,5 Review results with the City project team
Task 1,6 Documentation and Council Workshops (2 workshops)
Task 1.7 Project Check -In and Admintstration
k 21 Develop 5-year forecastand financial pro -forma
Ongoing throughout woject
= Remote meeting = Draft Report
= Council Presentation ,,%. Final Report
t d . t .14,rtto, titn
Exhibit A
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
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
O Consultant Agreement 2/3/2022 Contract
❑ Exhi bit A to Agreement 2/3/2022 Contract