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HomeMy WebLinkAbout09-169 - FCS Group - Indirect Cost Allocation PlanContract No.09 -169 CONTRACT FOR SERVICES Council Approval N/A This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city hereinafter referred to as "the City and FCS Group, hereinafter referred to as "the Contractor whose principal office is located at Redmond Town Center, 7525 166th Avenue NE, Suite D -215, Redmond, WA 98052. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $15,935. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing October 7, 2009 and ending January 31, 2010 unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To•the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. 7. Record Keeping and Reporting. C:\Documents and Settings \peterm\Loca1 Settings \Temporary Internet Files \Content.Outlook \444Z8EBH\FCSG Contract.doc 10/9/2009 0 v! a 1 Page 1 of 2 A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 8. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 9. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10. Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 11. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 12. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 13. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 14. Applicable Law;_ Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this EJ day of I D hoc-- 20 6? CITY F TUKWILj& CONTRACT R: FCS GROUP. Inc. Title: Principal Printed Name: Peter Mov Address: 7525 166 Ave NE Suite D -215 Redmond. WA 98052 Date approved by City Council: (Applicable if contract amount is over $40,000) By Title /JJm Haggert 9 Iayor A•1`Tl✓ T/A THENTICATED: By: Christy O'Flaherty, CMC, City C -rk APPROVED AS TO FORM: Office of the City Attorney C: \Docu ents S in erm s cal Settings \Temporary Internet Files \Content.Outlook \444Z8EBH\FCSG Contract.doc 10/9/200 Page 2 of 2 Indirect Cost Allocation Plan City of Tukwila ATTACHMENT A SCOPE OF WORK TASK 1: WORK AND MEET WITH SELECTED CITY STAFF TO DEFINE THE PURPOSE, USES, AND GOALS FOR THE INDIRECT COST ALLOCATION PLAN 1.A Prepare Data Requests: We will compile and issue a comprehensive request for needed information, such as departmental budgets, any documentation describing the existing cost allocation /interfund charge /cost recovery methods, and the current allocation measures. 1.B Conduct Project Kick Off Meeting: We will meet with the City's project manager and selected City staff in one meeting to initiate the study. We will discuss roles and responsibilities, project goals and requirements, City policies and practices, uses of the plan, project execution, schedule and key milestones, readily available data, and subsequent data collection tasks. 1.0 Review Organizational Structure and Interview Staff. We will conduct a series of interviews to fully understand the organizational structure of the organization. These will be with those responsible for indirect services, and the interviews are designed so that we can be fully aware of the functional roles each department and /or division plays in the delivery of the services. TASK 2: WORK WITH CITY STAFF TO DEVELOP AND IDENTIFY INDIRECT SERVICES, COST CATEGORIES, AND ALLOCATION CRITERIA We will meet with City staff members from the different indirect departments or divisions either individually and /or in small groups (based on staff availability) to obtain an understanding about the issues concerning the current indirect cost allocations, to define the indirect services and cost pools, and to identify appropriate allocation criteria. In addition, we will conduct a group interview with the direct service department staff to obtain their perspectives on indirect cost allocation issues. The key steps in this task will be the following: Identify indirect and direct services, Establish cost pools, Identify allocation factors, Collect financial and statistical data for the cost pools and allocation factors, Review any time distribution system for accuracy and compliance, and Review any special City accounting practices related to indirect cost allocation. TASK 3: DEVELOP A FULL COST ALLOCATION MODEL 3A. Develop Model: Develop a full cost allocation model in a spreadsheet format in Microsoft Indirect Cost Allocation Plan City of Tukwila Excel. Include clear data entry areas for costs, allocation data sets, and departments and funds. Construct primary and secondary allocation calculations. 3B. Calculate Current Allocations: Using current costs and allocation measures calculate cost allocations to the different departments, divisions, or funds. Compare results to past allocations prepared by the City to identify the amount and cause for any shifts in cost allocation amounts. 3C. Review Preliminary Allocations with City Staff Prepare for and facilitate one meeting with participating City staff members (e.g., a management group) to review preliminary conclusions from the indirect cost allocation plan. We anticipate that staff from the direct service departments will also participate and provide their comments on the results of the indirect cost allocations. TASK 4: PREPARE THE INDIRECT COST ALLOCATION PLAN Based on the comments from the presentation of the draft plan, we will revise the draft to address comments and issues raised by City staff. We will then provide the City a full plan. 4.A. Prepare Draft Plan: Develop a draft report and submit it to City staff in electronic form for review and feedback. The draft report will describe the methodology, present recommended allocation, and identify the fiscal impacts on the City. 4.B. Review Draft Plan with City Staff Review and discuss the previously delivered draft report with City staff and identify changes where appropriate. 4.C. Prepare Final Plan: Based on the City staff's review, finalize the study report. We will publish copies of the final report document, including four bound originals, one unbound copy, and one electronic copy. The final report will include a technical appendix containing the any requested cost allocation analyses. 4.D. Make Presentations: After completing the final plan, we will make one presentation to the City Council on the methodologies used and the impacts of the cost allocation plan. TASK 5: FINALIZE THE MODEL FOR DELIVERY (OPTIONAL) Once all the reports are completed, we will prepare the cost allocation model for delivery to the City on a compact disc. TASK 6: TRAIN SELECTED STAFF (OPTIONAL) Conduct a two hour training session for City staff on model inputs, the framework, the modeling techniques, and updating the model. TASK 7: PROVIDE MODEL DOCUMENTATION (OPTIONAL) Prepare a "Desk Manual" that provides an overview of the model and provides helpful hints and information on the use of the model. Indirect Cost Allocation Plan City of Tukwila BUDGET Consultant Hours I Estimated Budget Principal Project Study Manager Consultant Admin. Total Labor Tasks Moy Reese Support Hours Budget Effective Hourly Billing Rates: $190 $140 $65 Task 1. Work Meet with City Staff 4 8 2 14 $2,010 Task 2: Develop Identify Indirect Services, Cost Categories, Allocation Criteria 4 16 20 $3,000 Task 3: Develop a Full Cost Allocation Model 4 24 28 $4,120 Task 4: Prepare the Indirect Cost Allocation Plan 8 12 2 22 $3,330 Total Estimated Labor Budget 20 60 4 84 $12,460 Optional Tasks Effective Hourly Billing Rates: Task 5: Finalize the Model for Delivery Task 6: Train Selecgted Staff Task 7 Provide Model Documentation Total Estimated Labor Budget ATTACHMENT B Total Base Project Budget $12,460 Consultant Hours I Estimated Budget Principal Project Study Manager Consultant Admin. Total Labor Moy Reese Support Hours Budget $190 $140 $65 1 4 1 6 $815 1 6 7 $1,030 2 8 2 12 $1,630 I 4 18 3 25 $3,475 Total Optional Add -On Budget $3,475 Total Budget with Add -Ons $15,935