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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 Cost mService Fee Study for Planning uCodes Division and Fire Department Inspection Fees Page 1of15 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 Cost ofService Fee Study for Planning mCodes Division and Fire Department Inspection Fees Page 2of15 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. Cost ofService Fee Study for Planning mCodes Division and Fire Department inspection Fees Page 3o[1s 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 Cost of Service Fee Study for Planning mCodes Division and Fire Department Inspection Fees Page *of15 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. Cost mService Fee Study for Planning uCodes Division and Fire Department Inspection Fees Page 5of1e 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; Cost mService Fee Study for Planning uCodes Division and Fire Department Inspection Fees Page 0of15 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 Cost of Service Fee Study for Planning mCodes Division and Fire Department Inspection Fees Page 7of15 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 Cost mService Fee Study for Planning uCodes Division and Fire Department Inspection Fees Page 8of15 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