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HomeMy WebLinkAbout05/05/2015 07 Utility Services Information System Support Agreement with Accent Business Services, Inc.ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7. For Meeting of: May 5, 2015 A) Resolution authorizing an agreement with Accent Business Services, Inc. to perform Project Management Support for the Utility Services Information System B) Ordinance amending the 2015 Budget to purchase Utility Billing Software (First Reading) SUBMITTED BY: Cindy Epperson, Director of Finance and Budget James Dean, Utility Services Manager SUMMARY EXPLANATION: The Utility Services Division has been involved in a business process analysis for the City's Utility Billing (UB) system. Phase 1 was completed in February 2014 with a report that recommended that the current UB software be replaced; that the City should consider fully integrated systems to increase operating effectiveness and efficiencies; and defined "next steps" to include defining current business policies and processes (and re-engineering the processes if warranted), along with developing a methodology to review software systems. We took those recommendations, and moved to Phase II of the Business Process Analysis, by entering into a contract with FCS Group of Redmond, Washington. They reviewed our policies and procedures, and compared them to industry standards and surveyed similar municipal operations. This report was recently completed, and outlines the deficiencies of the current UB software, along with detailing system requirements for a new software system. The City's current utility billing system only performs 70% of the critical and required tasks needed by staff. To comply with the recommendation to maintain fully integrated systems for the best processing efficiencies, we first considered Cayenta's Customer Information System (CIS) since we had recently implemented their Financial Management and Work Order systems. Utility Services Manager, James Dean, reviewed the Cayenta system, as well as several other Utility Account Management systems, and determined that Cayenta's CIS system meets our requirements. They estimated that an implementation project would take from 12 to 14 months and cost about $1.4 million. Funding for the project is available in the water and wastewater reserve funds. Because of the size and complexity of the project, it was recommended that the City contract for project management support services. The attached contract with Accent Business Services, Inc. based in Vancouver, Washington would be the first step in going forward with a system implementation. Also attached is an appropriation ordinance in the amount of $1,500,000 to budget the entire project. A contract amendment with Cayenta to add the Utility Billing CIS module will be brought back for Council action when the scope of work is completed. Resolution: X Ordinance: X Other (Specify): Transmittal Memorandum Contract: X Contract Term: Until Project Completed Start Date: End Date: Item Budgeted: Yes Amount: Cumulative Reserve for Capital Projects --$1 million for UB project Funding Source/Fiscal Impact: was transferred from Wastewater in 2014. The balance of $500,000 will come primarily from Water/Irrigation in 2015. Strategic Priority: Public Trust and Accountability Insurance Required? Yes Mail to: Accent Business Services, Inc., 7710 NE Greenwood Dr, Suite 210, Vancouver, WA 98662 Phone: 360-882-4002 APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager A) Adopt Resolution B) Read Ordinance by title only at the May 5, 2015 meeting. Pass Ordinance after second reading at the May 19, 2015 meeting. ATTACHMENTS: Description Upload Date Type El Memo to Council re: UB project 4/27/2015 Cover Memo El Accent Resolution 5-5-15 4/22/2015 fesollu.utiion ▪ Accent Business Service Contract 4/22/2015 Contract ▪ Appropriation Ordinance -2015 UB project 4/27/2015 Ordinance Memorandum To: Yakima City Council Tony O'Rourke, City Manager From: Cindy Epperson, Director of Finance Date: April 30, 2015 Re: Report on Utility Billing Business Process Analysis/Software Replacement BACKGROUND In 2005 the City was in the market for a Utility Billing (UB) software package to replace a system written in-house in the 1980s. We conducted research using a competitive process, and at that time, most all of the software vendors were converting underlying software languages from single -dimension to multi -dimensional, so that our affordable choices were an "old-style" language, or not fully developed "new -style" systems. Paladin Data Systems software company had a robust permitting system and wanted to get into the Utility Management market. They proposed a partnership with us to write a system, with the thought that they would eventually have a marketable UB product. At the time, this was the significantly least expensive and most promising option for the City. As we got further into the development, there were some design issues that compromised some of our critical requirements. However, as the fixes would be time-consuming, and therefore expensive, neither side was willing/able to invest in making the necessary corrections. Therefore, the end result was a system that didn't fully meet our needs, and was unmarketable for Paladin. This system was implemented in 2010, and we have been "making do" with this less than optimum system. UTILITY BILLING BUSINESS PROCESS ANALYSIS In June 2013 we initiated a business process analysis for our Utility Accounts Management system by issuing a Request for Qualifications and Proposal that involved Phase I of the UB process analysis. In February 2014, Barry Strock Consulting Associates, Inc. (BSCA) issued its Phase I report, and based on the report's conclusions and recommendations, we decided to go forward to review the UB processes and potentially procure new UB software and systems. The major takeaways from the Strock report were: • "The utility accounting software must be replaced -- it requires workarounds rather than providing critical and accurate workflow and useful query and reporting. It Tacks the fundamental tools or links ... to manage compliant and delinquent customers."; • "The multiple, separate, disparate, and not fully integrated systems within the City of Yakima require that employees redundantly type information into each system, increasing the opportunity for error and wasting time -- this is neither effective nor efficient."; and • Outlining the "next steps" which were to define business policies and processes; re- engineer the processes if needed; and to develop a methodology to review software systems. With this report in hand, we moved to the 2nd phase of the Business Process Analysis which has been conducted by FCS Group of Redmond, WA. This process was undertaken to take an in- depth look at the current operational policies, procedures of the division and the ensuing report (available upon request) outline those practices which need to be adjusted or modified based on industry standards. The Division was compared to several other like cities in the state using a series of survey questions developed by the consultant. This report outlines the deficiencies of the current Utility Account Management System and also contains a very detailed "needs" document outlining the system requirements for a new Utility Account Management software system, which will ultimately be used as a Statement of Work for a new software system. SOFTWARE SELECTION In keeping with the Strock recommendation to maintain fully integrated systems for the best processing efficiencies, we first considered Cayenta --our vendor that we recently selected to replace the Financial Management (FMS) and Work Order systems. James Dean, Utility Services Manager, reviewed the Cayenta UB system, as well as several other Utility Account Management Systems along with visiting and speaking with other clients to discuss the pros and cons of their software provider. James found that the City of Gresham, Oregon had recently gone through an extensive search for Utility Billing Account Management software provider, which resulted in their selection and implementation of Cayenta CIS (Customer Information System) Solutions. This is particularly germane, as Gresham is very similar to Yakima in the number and types of utilities and customers. (A copy of their competitive process is available for review.) They chose Cayenta, even though they didn't have their FMS—the fact that our system would be fully integrated definitely tipped the scale in Cayenta's favor. NEXT STEPS Now that we have decided to go forward with Cayenta's UB system, we have been in discussions with Cayenta to develop an implementation plan. They have estimated that the total cost will be about $1.4 million, and will take approximately 12 months to 14 months to fully implement. Both Cayenta and the City of Gresham recommended that we obtain project management support since this is such a major system. We researched available vendors, and decided to go with the company that Gresham used, Accent Business Services, Inc. based in Vancouver, WA, since they had recently successfully managed a Cayenta CIS installation. With Accent's help, the Gresham project came in slightly under budget and ahead of schedule. The following agenda items will be brought to Council for approval: • A Project Management Support contract with Accent Business Services, Inc. in an amount not to exceed $108,920. This contract is the first step, as Accent will help us define the scope of work for the Cayenta contract. The FCS report contains a detailed listing of required features to be included in the software -- we will compare this list with Cayenta's available features to determine if we need additional programming. It should be noted that this contract cost will be spread out over the entire 12-14 months of implementation, and includes both labor and travel estimates. • An appropriation ordinance to budget the entire project. The appropriation is $1.5 million, consisting of $1.4 million for the software and implementation, and $100,000 for the project manager. • An amendment to our current contract with Cayenta to add the Utility Billing CIS module. We anticipate this will cost about $1.4 million. Water and Wastewater capital resources are being set aside to pay for this needed upgrade. The contract for the project manager and the appropriation ordinance are included in this agenda packet. We will be working out the timeline for implementation and the statement of work with Cayenta, and will bring that back to City Council with their contract amendment. RESOLUTION NO. R -2015- A RESOLUTION authorizing a Professional Services Agreement with Accent Business Services, Inc. and the City of Yakima to perform Project Management Support, with contract compensation not to exceed $108,920. WHEREAS, FCS Group was hired via Resolution R2014-115 to perform phase II of the Utility Billing Business Process Analysis and in their report, determined that a Project Manager would need to be hired to implement phase III, which is the implementation of the Cayenta Utilities CIS (Customer Information System) application; and WHEREAS, the City of Yakima Utility Services Division agreed with the recommendation and desires to hire a consultant to provide Project Management Support for the implementation of the Cayenta CIS application, all pursuant to the professional services agreement attached hereto and incorporated as Exhibit "A" herein, with compensation not to exceed $108,920.00; and WHEREAS, the Finance Department & Utility Services Division has determined that Accent Business Services, Inc. has the experience and expertise to perform the Project Management Support, in accordance with the City's requirements; and WHEREAS, competition is not required for Professional Services Agreement; now and the Utilities Services Division successfully completed negotiations with Accent Business Services for the necessary agreement with both entities; now, therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached professional services agreement with Accent Business Services, Inc. to perform Project Management Support for the Utility Services Division's Cayenta CIS application implementation. ADOPTED BY THE CITY COUNCIL this _day of May, 2015. Micah Cawley, Mayor ATTEST: City Clerk For City of Yakima Use Only: Contract No. Project No. Resolution No. RFQP No. AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND ACCENT BUSINESS SERVICES, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this day of April 2015, by and between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and Accent Business Services, Inc., with its principal office at 7710 NE Greenwood Drive, Suite 210, Vancouver, WA 98662, hereinafter referred to as "CONSULTANT"; said corporation is licensed and registered to do business in the State of Washington, and will provide services under this Agreement for project management and consulting, hereinafter referred to as "SERVICES" on behalf of the City of Yakima. WITNESSETH: RECITALS WHEREAS, CITY desires to retain the CONSULTANT to provide services described in this Agreement, incorporated Exhibits and subsequent Amendments thereto; and WHEREAS, CONSULTANT represents that it has available and offers to provide personnel with knowledge and experience necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of interest prohibited by law from entering into this Agreement; NOW, THEREFORE, CITY and CONSULTANT agree as follows: SECTION 1 INCORPORATION OF RECITALS 1.1 The above recitals are incorporated into these operative provisions of the Agreement. SECTION 2 SCOPE OF SERVICES 2.1 CONSULTANT agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of CONSULTANT shall not be construed to exceed those services specifically set forth herein. 2.2 CONSULTANT shall use its best efforts to maintain continuity in personnel and shall assign, Jeff Tompkins as Consultant -in -Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 2.3 Basic Services: CONSULTANT agrees to perform those tasks described in Exhibit A, entitled "Scope of Work" (WORK) which is attached hereto and made a part of this Agreement as if fully set forth herein. 2.4 Additional Services: CITY and CONSULTANT agree that not all WORK to be performed by CONSULTANT can be defined in detail at the time this Agreement is executed, and that additional WORK related to the Project and not covered in Exhibit A may be needed during performance of this Agreement. CITY may, at any time; by written order, direct the CONSULTANT to revise portions of the WORK previously completed in a satisfactory manner, delete portions of the WORK, or request that the CONSULTANT perform additional WORK RFQP 11323/Page 1 of 11 beyond the scope of the WORK. Such changes hereinafter shall be referred to as "Additional Services." 2.4.1 If such Additional Services cause an increase or decrease in the CONSULTANT'S cost of, or time required for, performance of any services under this Agreement, a contract price and/or completion time adjustment pursuant to this Agreement shall be made and this Agreement shall be modified in writing accordingly. 2.4.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and the CONSULTANT according to the provisions set forth in Exhibit B, attached hereto and incorporated herein by this reference, and if so authorized, shall be considered part of the WORK. The CONSULTANT shall not perform any Additional Services until so authorized by CITY and agreed to by the CONSULTANT in writing. 2.5 The CONSULTANT must assert any claim for adjustment in writing within thirty (30) days from the date of the CONSULTANT's receipt of the written notification of change. SECTION 3 CITY'S RESPONSIBILITIES 3.1 CITY -FURNISHED DATA: The CITY will provide to the CONSULTANT all technical data in the CITY'S possession relating to the CONSULTANT'S services on the WORK. 3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to CONSULTANT as required for CONSULTANTS performance of its services and will provide labor and equipment as reasonably required by CONSULTANT for such access. 3.3 TIMELY REVIEW: The CITY will examine the CONSULTANT'S studies, reports, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing decisions required of CITY in a timely manner. Such examinations and decisions, however, shall not relieve the CONSULTANT of any contractual obligations nor of its duty to render professional services meeting the standards of care for its profession. 3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this Agreement. CITY'S Representative shall have complete authority to transmit instructions and receive information. CONSULTANT shall be entitled to reasonably rely on such instructions made by the CITY'S Representative unless otherwise directed in writing by the CITY, but CONSULTANT shall be responsible for bringing to the attention of the CITY'S Representative any instructions which the CONSULTANT believes are inadequate, incomplete, or inaccurate based upon the CONSULTANT'S knowledge. 3.5 Any documents, services, and reports provided by the CITY to the CONSULTANT are available solely as additional information to the CONSULTANT and will not relieve the CONSULTANT of its duties and obligations under this Agreement or at law. The CONSULTANT shall be entitled to reasonably rely upon the accuracy and the completeness of such documents, services and reports, but shall be responsible for exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions there from. SECTION 4 IJTHOTZIZATUO_ N, PROGRESS. AND COMPLETION 4.1 In signing this Agreement, CITY grants CONSULTANT specific authorization to proceed with WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended. RFQP 11323/Page 2 of 11 SECTION 5 COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in Exhibit A, compensation shall be according to Exhibit B - Schedule of Specific Fees and Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent basis plus reimbursement for direct non -salary expenses. 5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for CONSULTANT'S vehicles; meals and lodging; laboratory tests and analyses; printing, binding and reproduction charges; all costs associated with other outside nonprofessional services and facilities; special CITY - requested and PROJECT -related insurance and performance warranty costs; and other similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of actual charges plus ten percent (10%) and on the basis of current rates when furnished by CONSULTANT. Estimated Direct Non -Salary Expenses are shown in Exhibit B. 5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental expenses incurred by employees of the CONSULTANT and each of the Subconsultants in connection with PROJECT WORK; provided, as follows: • That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents per mile will be paid for the operation, maintenance, and depreciation costs of company or individually owned vehicles for that portion of time they are used for WORK. CONSULTANT, whenever possible, will use the least expensive form of ground transportation. • That reimbursement for meals inclusive of tips shall not exceed a maximum of forty dollars ($40) per day per person. This rate may be adjusted on a yearly basis. • That accommodation shall be at a reasonably priced hotel/motel. • That air travel shall be by coach class, and shall be used only when absolutely necessary. 5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage, and FAX charges are not included in the direct expense costs, but are considered included in the Schedule of Specific Hourly Billing Rates. 5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed $108,920.00. The CONSULTANT will make reasonable efforts to complete the WORK within the budget and will keep CITY informed of progress toward that end so that the budget or WORK effort can be adjusted if found necessary. The CONSULTANT is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the CONSULTANT beyond these limits. When any budget has been increased, the CONSULTANT'S excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase, and provided that the City was informed in writing at the time such costs were incurred. 5.3 Proposed Payment Schedule Services authorized by the City, either as shown in Exhibit B or as a change order to this Agreement, shall follow a monthly payment schedule as follows: The CONSULTANT shall submit to the City's Representative an invoice each month for payment for services completed through the accounting cut-off day of the previous month. Such invoices shall be for services and WORK performed and costs incurred prior to the date of the invoice and not covered by previously submitted invoices. The CONSULTANT shall submit with each invoice a summary of time expended on the PROJECT RFQP 11323/Page 3 of 11 for the current billing period, and any other supporting materials determined by the City necessary to substantiate the costs incurred. CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will notify the CONSULTANT promptly if any problems are noted with the invoice. CITY may question any item in an invoice, noting to CONSULTANT the questionable item(s) and withholding payment for such item(s). The CONSULTANT may resubmit such item(s) in a subsequent invoice together with additional supporting information required. 5.4 Payment terms are net 30 after receipt of approved invoice(s). SECTION 6 RESPONSIBILITY OF CONSULTANT 6.1 ' INDEMNIFICATION: (a) CONSULTANT agrees to defend, indemnify, and hold harmless the CITY, its elected officials, agents, officers, employees, agents and volunteers (hereinafter "parties protected") from (1) claims, demands, liens, lawsuits, administrative and other proceedings,(including reasonable costs and attorneys fees) and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, action, default, error or omission or willful misconduct arising out of the CONSULTANT's performance under this Agreement. In the event that any lien is placed upon the City's property or any of the City's officers, employees or agents as a result of the negligence or willful misconduct of the CONSULTANT, the CONSULTANT shall at once cause the same to be dissolved and discharged by giving bond or otherwise. (b) CITY agrees to indemnify and hold the CONSULTANT harmless from loss, cost, or expense of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the CITY, its employees, or agents in connection with the service. (c) If the negligence or willful misconduct of both the CONSULTANT and the CITY (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. (d) Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 6.2 In any and all claims by an employee of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the CONSULTANT or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other employee benefit acts. SECTION 7 AUDIT AND ACCESS TO RECORDS 7.1 The CONSULTANT, including its subconsultants, shall maintain books, records, documents and other evidence directly pertinent to performance of the WORK under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. The CITY, or the CITY'S duly authorized representative, shall have access to such books, records, documents, and RFQP 11323/Page 4 of 11 other evidence for inspection, audit, and copying for a period of three years after completion of the WORK. The CITY shall also have access to such books, records, and documents during the performance of the WORK, if deemed, necessary by the CITY, to verify the CONSULTANT'S WORK and invoices. 7.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency. 7.3 The CONSULTANT agrees to the disclosure of all information and reports resulting from access to records pursuant to this section provided that the CONSULTANT is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments, if any, of the CONSULTANT. 7.4 The CONSULTANT shall ensure that the foregoing paragraphs are included in each subcontract for WORK. 7.5 Any charges of the CONSULTANT paid by the CITY which are found by an audit to be inadequately substantiated shall be reimbursed to the CITY. SECTION 8 INSURANCE 8.1 At all times during performance of the Services, CONSULTANT shall secure and maintain in effect insurance to protect the City and the CONSULTANT from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. CONSULTANT shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the rights to require higher limits should it deem it necessary in the best interest of the public. 8.1.1 Commercial General Liability Insurance. Before this Contract is fully executed by the parties, CONSULTANT shall provide the City with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall. clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insured will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 8.1.2. Commercial Automobile Liability Insurance. a. If CONSULTANT owns any vehicles, before this Contract is fully executed by the parties, Accent Business Services, Inc. shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2.000.000.00) per occurrence combined single limit bodily inj y and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If CONSULTANT does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Contract, which is Section 8.1.1 entitled "Commercial General Liability Insurance". RFQP 11323/Page 5 of 11 c. Under either situation described above in Section 8.1.2.a and Section 8.1.2.b, the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds, and shall contain a clause that the insured will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. 8.1.3. Statutory workers' compensation and employer's liability insurance as required by state law. SECTION 9 SUBCONTRACTS 9.1 CONSULTANT shall be entitled, to the extent deterrnined appropriate by CONSULTANT, to subcontract any portion of the WORK to be performed under this Agreement. SECTION 10 ASSIGNMENT 10.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This Agreement may not be assigned by CITY or CONSULTANT without prior written consent of the other, which consent will not be unreasonably withheld. It is expressly intended and agreed that no third party beneficiaries are created by this Agreement, and that the rights and remedies provided herein shall inure only to the benefit of the parties to this Agreement. SECTION 11 INTEGRATION This Agreement along with the City RFP and the Consultant's response to the RFP represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. SECTION 12 JURISDICTION AND VENUE 12.1 This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue for all disputes arising under this Agreement shall be in a court of competent jurisdiction in Yakima County, State of Washington. SECTION 13 EQUAL EMPLOYMENT and NONDISCRIMINATION 13.1 During the performance of this Agreement, CONSULTANT and CONSULTANT's subconsultants shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. CONSULTANT agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. RFQP 11323/Page 6 of 11 SECTION 14 SUSPENSION OF WORK 14.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the WORK. CONSULTANT may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond CONSULTANT's control are interfering with normal progress of the WORK. CONSULTANT may suspend WORK on PROJECT in the event CITY does not pay invoices when due, except where otherwise provided by this Agreement. The time for completion of the WORK shall be extended by the number of days WORK is suspended. If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to. terminate WORK on the suspended portion of Project in accordance with SECTION 15. SECTION 15 TERMINATION OF WORK 15.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may be effected unless the other party is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. 15.2 In addition to termination under subsection 15.1 of this Section, CITY may terminate this Agreement for its convenience, in whole or in part, provided the CONSULTANT is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation with CITY before termination. 15.3 If CITY terminates for default on the part of the CONSULTANT, an adjustment in the contract price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other WORK, and (2) any payment due to the CONSULTANT at the time of termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of the CONSULTANT'S breach. In such event, CITY shall consider the amount of WORK originally required which was satisfactorily completed to date of termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself or of employing another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. In the event of default, the CONSULTANT agrees to pay CITY for any and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by said default. This provision shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for damages incurred beyond that covered by contract retainage or other withheld payments. 15.4 If the CONSULTANT terminates for default on the part of CITY or if CITY terminates for convenience, the adjustment pursuant to the Agreement shall include payment for services satisfactorily performed to the date of termination, in addition to termination settlement costs the CONSULTANT reasonably incurs relating to commitments which had become firm before the termination, unless CITY determines to assume said commitments. 15.5 Upon receipt of a termination notice under subsections 15.1 or 15.2 above, the CONSULTANT shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to CITY all originals of data, drawings, specifications, calculations, reports, estimates, summaries, and such other information, documents, and materials as the CONSULTANT or its subconsultants may have accumulated or prepared in performing this RFQP 11323/Page 7 of 11 Agreement, whether completed or in progress, with the CONSULTANT retaining copies of the same. 15.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK to completion utilizing other qualified firms or individuals; provided, the CONSULTANT shall have no responsibility to prosecute further WORK thereon. 15.7 If, after termination for failure of the CONSULTANT to fulfill contractual obligations, it is determined that the CONSULTANT has not so failed, the termination shall be deemed to have been effected for the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be determined as set forth in subparagraph 15.4 of this Section. 15.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key personnel employed by the CONSULTANT in PROJECT WORK or for any corporate officer of the CONSULTANT to render his services to the PROJECT, the CONSULTANT shall not be relieved of its obligations to complete performance under this Agreement without the concurrence and written approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment shall be made as set forth in subparagraph 15.3 of this Section. SECTION 16 DISPUTE RESOLUTION 16.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned methods are not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. SECTION 17 NOTICE 17.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of business set forth below, whichever is earlier. CITY: City of Yakima Tony O'Rourke, City Manager 129 North 2"d Street Yakima, WA 98901 CONSULTANT: Accent Business Services, Inc. Jona Tompkins 7710 NE Greenwood Drive Vancouver, WA 98662 RFQP 11323/Page 8 of 11 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. CITY OF YAKIMA ACCENT BUSINESS SERVICES, INC. Tony O'Rourke Printed Name: Title: City Manager Printed Name: Jona Tompkins Title: Vice President Date: Date: Attest City Clerk ,;(9 71 RFQP 11323/Page 9 of 11 EXHIBIT A SCOPE OF SERVICES Consultant shall provide the following services: • Statement of Work authoring/negotiation support with vendor chosen by CITY • Vendor contract compliance/oversight • Selected key deliverable review • Issue resolution/facilitation for key issues • Periodic steering committee support/facilitation • General project management support including weekly task and status meetings • Change management support • Risk management support • General project consultation as requested by the CITY The parties understand that the consultant will commence work when directed by CITY, and that the schedule for performance of the work will be mutually agreed by the parties. The parties estimate that completion of the work will occur within sixteen (16) months of commencement of the work. RFQP 11323/Page 10 of 11 EXHIBIT B Professional Fees and Rates The estimate shown below serves as the basis for the total contract price and the total labor pool. Item Hours or Count Rate Subtotal Labor Weekly remote PM meetings (2hrs/week*50wks) 100.0 $165.00 $16,500 Weekly other support (4 hrs/wk*50 wks) 200.0 $165.00 $33,000 Onsite mgmt (8 hrshno*12mos) 96.0 $165.00 $15,840 Event onsite (8hrs/event*4events) 32.0 $165.00 $5,280 Miscellaneous meetings 40.0 $165.00 $6,600 SOW/Contract Support 80.0 $165.00 $13,200 Labor Subtotal $90,420 Expenses Travel Hours, Consultant 123.5 $82.50 $10,188.75 Airfare NA NA $0.00 Lodging, Days 23 $125.00 $2,875.00 Meals, Days 23 $45.00 $1,035.00 Mileage, trips * RT mileage * $0.575 rate 19 $218.50 $4,151.50 Car Rental, Days NA NA $0.00 Misc. expenses (Web conferences, copies, etc.) 1 $250.00 $250.00 Expense Subtotal $18,500 Project Total $108,920 Assumptions: • Travel costs are included in the estimate above, and will be billed at face value and only if incurred. • Required travel time will be billed at 1/2 the normal labor rate, and is included in the estimate above. • Unused labor hours from one task may be used on other tasking as required. RFQP 11323/Page 11 of 11 ORDINANCE NO. 2015 - AN ORDINANCE amending the 2015 budget for the City of Yakima; and making appropriation of $1,500,000 in Fund 392 — Cumulative Reserve for Capital Improvement expenditure during 2015 to provide for the purchase and implementation of a Utility Billing Software System WHEREAS, the amount of $1,500,000 must be appropriated in Fund 392 — Cumulative Reserve for Capital Improvement for expenditure during 2015 to provide for the purchase and implementation of a Utility Billing Software System; and WHEREAS, at the time of the adoption of the 2015 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required; and the City Council declares that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: SECTION 1. The amount of $1,500,000 is hereby appropriated from the unappropriated fund balance in the 392 — Cumulative Reserve for Capital Improvement Fund account 392- 6526450 titled Utilities Customer Service Software Licenses and Installation as a 2015 appropriation. SECTION 2. This ordinance is one making an appropriation and shall take effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of , 2015. ATTEST: MICAH CAWLEY, MAYOR CITY CLERK First Reading: Publication Date: Effective Date: