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: