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Home My WebLink About19-208 - Habile Consulting, LLC - Fire Independent Analysis�� x ^°� � �*x�� xuxnwvx"p G2OOSouthmentarBoulevard, Tukwila VVAQ8188 Contract Number: PROFESSIONAL SERVICES AGREEMENT 19-208 Council Approval N/A THIS AGREEMENT is entered into between the City of Tukwila, VVashinmton, hereinafter referred to as "the City", and Habile Consulting LLC, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PrmiectDewiclimation' The Consultant ioretained bythe City toperform analysis services in connection with the project UUedFireDepadmentExpenditures,FlevenuoeondSen/imae Independent Analysis. 2. Scope of Services. The Consultant agrees tuperform the services, identified onExhibit ^A^ attached hereto, including the provision ofall labor, materials, equipment and supplies. 3. Duration of AminommmmntTime for Performance. This Agreement shall beinfull force and effect for a period commencing upon execution and ending March 31, 2020, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon execution of the contract. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than March 31, 2020 unless anextension ofsuch time isgranted inwriting bvthe City. 4. Pavmment- The Consultant shall be paid by the City for completed work and for services rendered under this Agreement aefollows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B"attached hereto, provided that the total amount ofpayment tothe Consultant shall not exceed $39,500 without express written modification of the Agreement signed by the City. B. The Consultant may submit invoices to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. The invoices will be reviewed by the City and, upon approval thereof, payment shall be made tothe Consultant inthe amount approved. C. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payment. Copies shall bemade available upon request. 5. Om/mmnmhip and Use mfDocuments. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall bethe property ofthe City whether the project forwhichtheyorenmodaie executed or not. The Consultant shall be permitted to retain copieo, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not beresponsible for any use ofthe said documents, drawings, specifications or other materials by the City on any projectctherthan the project epec|fiedinthioAoneemnanL O. Compliance with Laws. The Consultant shall, inperforming the services contemplated by this Agreement, faithfully observe and comply with all fedena|, state, and local |owa' ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, VUicie|s, employees and volunteers harmless from any and all o|ainns, injuries, damages, 7 c�� ` � m �- `^ ` /r U v kaaeea or suits including attorney feao, arising out of or resulting from the onto, errors or omissions ofthe Consultant inperformance ofthis Agreement, except for injuries and damages caused bvthe sole negligence ofthe City. Should a court ofcompetent jurisdiction determine that this Agreement in subject to RCVV 4.24.115.then, inthe event ofliability for damages arising out ofbodily injury tnpereoneor damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officia|a, employees, and volunteers, the Consultant's liability hereunder shall beonly tothe extent mfthe Consultant's negligence. |t|afurther specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCVV' solely for the purposes ofthis indemnification. This waiver has been mutually negotiated bythe parties. The provisions of this section shall survive the expiration or termination of this Agreement. O. Uwsumamce' The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries tupmreunoordannagetopnope hi hrnoyorinahnnn or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, oremployees. Consultant's maintenance mfinsurance eorequired bythe agreement shall not bnconstrued tolimit the liability ofthe Consultant tothe coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law Drin equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance ofthe types and with the limits described below: 1. Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non-ovvned.hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CAODO1 or substitute form providing equivalent liability coverage. If necessary, the policy shall beendorsed toprovide contractual liability coverage. 2. Commercial General Liabilitv insurance with limits no less than $1,000,000 each occurrence, $2.00O.00Ogeneral aggregate. Commercial General Liability insurance shall beotleast aebroad aeISO occurrence form CG 0001 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury andadvortisinginjury. The City shall benamed oean additional insured under the Consultant's Commercial General Liability insurance policy with respecttothe work performed for the City using anadditional insured endorsement atleast osbroad moISO CG2O20. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State ofWashington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate |irnh. Professional Liability insurance ahu|| be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are tocontain orbe endorsed tocontain that they shall beprimary insurance with respect tothe City. Any Insurance, se|f-inounanoe.or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not becontributed orcombined with it. C. Acceptability Insurers. Insurance is to be placed with insurers with o ourrardA.K8. Best rating ofnot less than ANIi D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the HabileConsulting LLC Page additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement ofthe work. Upon request by the City, the Consultant shall furnish certified copies ofall required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. E. Notice of Cancellation. The Consultant shall provideth City with written notice ofany policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the port of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after givingfive business days notice huthe Consultant tocorrect the breach, immediately terminate the contract or, at its diocre1iun, procure orrenew such insurance and pay any and all premiums inconnection therewith, with any sums aoexpended tobe repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 8. Independent Contractor. The Consultant and the City agree that the Consultant ioan independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship ofemployer and employee between the parties hereto. Neither the Consultant nor any employee ofthe Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not beresponsible for withholding or otherwise deducting federal income tax orsocial security orfor contributing 10the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, orany employee ofthe Consultant. 10. Covenant AqainstContimqmntFees. The Consultant warrants that hehas not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company orperson, other than ebonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon orresulting from the award ormaking ofthis contract. For breach orviolation ofthis warrant, the City Sh8U have the right to annul this contract without |iabi|ity, or in its diSC[8bOD to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. Contractor, with regard tuthe work performed byitunder this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, oew, sexual orientation, gender identity, marital otatuo, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement Vfmaterials or supplies. 12. Assimmmem1. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent ofthe City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute awaiver ofany other provision. 14. Termination. A. The City reserves the righttobamminotethka Agreement at any time by giving ban (10) days written notice 0othe Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned tothe project, |h*eurvivingrnembenouftheConou|tant hereby agree to complete the work under the terms of this Agreement, if requested to do oobythe City. This section shall not beabar torenegotiations ofthis Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attomnev'sFees. This Agreement shall besubject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions ofthe City ofTukwila Municipal Code and ordinances ofthe City ofTukwila. |nthe event any suit, arbitration, orother proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall boproperly laid inKing County, Washington. The prevailing party in any such action shall beentitled toits eUorney'afees and costs ofsuit. Venue for any action arising from orrelated tothis Agreement shall be exclusively in King County Superior Court. 16. SmvmrabiUhtymnd Survival. |fany term, condition orprovision ofthis Agreementiodeclared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonablyintended to survive the completion, expiration nrcancellation of this Agreement, shall survive termination ufthis Agreement. 17. Notices. Notices tothe City ofTukwila oho|| be sent tothe following address: City Clerk City of Tukwila 02OOSouthcent*rBoulevard Tukwila, WA 98188 Notices toConsultant shall besent tothe following address: Hubi|oConsulting LLC 874380thAvenue SE Mercer Island, VVAS8D4O 18. Entire Aqreemmmmt;K0odtfica1on. This Agreement, together with attachments nraddenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed bythe parties. DATED this OLY" day of December, 2019. CITY OF TUKWILA City lerh'Christy O'Flaherty CONSULTANT � f I K8ich8a|HodgiDS. Office of the City A Exhibit A — Scope ofServices ° Review the 2D18analysis ofcosts and services for background information of the past ten to fourteen years Vfexpenses and service levels. ° Review the current practices and use of overtime in the department, including use of sick leave, long-term disabilities, shift changes, training and other uses. Compare these finding with regional and national trends regarding data points. This review should cover at least the last three years. The Sick Leave use study should also include a review of up to fourteen years to capture the data for the 48/98 vs Modified Oainu|t schedules. That staffing shift model change took place January 2OO8. ~ Review the current staffing model and service levels, including the 48/96 shift, use of Kelly days, the minimum staffing standard, and call -out procedures to determine if there are improvements that can be implemented to best use available resources. ° Review use and costs of training, especially specialized trainings, and provide a cost benefit review. Provide optiono, and recommendation for future training activities. ° Provide recommendations on community service levels with associated costs and best practices for City Council direction ° Provide recommendations on creating transparent monitoring reports for expenses and service levels that can beused bythe City nnaregular basis. ° Review department overtime and provide recommendations for resolving excess expenditures. * Review and assess revenues currently collected and provide recommendations for other revenue sources. These would include a review of best practices from other agencies, how best 10recover costs and implementing fees. Task 1 Project Launch Staff will facilitate and participate in a project kick-off with the Chv's core project team. During the hiokoff, we will discuss desired outcomes from the efhort, relevant context of this project, ravkavv a detailed project schedule, and discuss how vve will communicate and collaborate effectively through completion ofthe final study report. During this meeting, we will also identify the appropriate staff to be engaged indata collection, operational issues, and review and vetting ofthe analysis throughout the project. VVofindthsd identifying this team early and communicating information needs and expectations for all parties supports amore efficient process that |nsatisfying for everyone. Task 2Situation Analysis The Situation Assessment will encompass all ofthe review tasks identified in the RFP plus broader review of the overall City fiscal situation. The intent of this task is to pull together all of the relevant information related to the delivery and funding of fire services in the City of Tukwila and synthesize the materials into a comprehensive and cohesive narrative describing the situation with respect to expenditures, revenues and services. This will include: Revenue Analysis: Develop and understanding of the current revenue eituot|on, historic trends, baseline expectations for future revenue growth and opportunities to funding available for fire services. Service Analysis: Review of existing service delivery and identification of key drivers of service demand which may influence future needs. Expenditure Analysis: Assessment ofthe relationship between service delivery and operational expenditures, including staffing and deployment policies, labor costs (including benefits) and non -labor expenses (eupp|iws.fuel, equipment, atc.) HabileConsulting LLC Page Task 3Scenario Analysis Based on the Situation Assessment, Habi|ewill evaluate potential options to address the budget challenges facing fire services using a Scenario Analysis framework. Scenario Analysis isa process of examining and evaluating possible outcomes (financial, operational) based on irOp|GOOeO1atiVD of available policy, Open@bDn8| and funding choices. To do this, we will develop e financial model that will include two key elements: 1. A generalized high-level picture of the City's overall General Fund revenues and expenditures; and 2. Adetailed fire service element that will allow for testing ofawide range ofpotential changes inoperational, expenditure and revenue assumptions. The model bedesigned Loestimate fiscal balance offire services over operiod of3-5biennial budgets to better understand the potential longer -term implications of identified strategies. By placing the fire analysis within the context of the overall General Fund budget and looking out over time, it is possible to test the fire service options under different economic assumptions about revenue growth, new development and demands for other City services. Task 4Final Report The results of the Scenario Analysis and relevant discussions and/or perspectives of City staff and policy makers will form the basis of a Final Report, including recommendations. We understand that the recommendations and the supporting analyses will be scrutinized by City Council, as well as interested and affected stakeholders. As such, both the analyses and any written products developed throughout the course of this contract must be clear, concise, and accessible to a wide audience, effectively conveying the content and findings of complex analysis to busy, and sometimes non -technical, audiences. They must also be transparent, while still communicating the full rigor and objectivity of the analysis. To accomplish this, our products will bewritten in"plain talk" language and augmented byschematics and graphics, where possible. HabUoConsulting LLC Page Exhibit B — Compensation J. Project Kickoff and Management 1A. Project Kickoff ze.Data Collection 2A.Review Existing Documents mAnalysis ZB.Interviews nfkey staff and policy makers uc.Analysis and synthesis ofbase understanding ZD.Situation Assessment Technical Memorandum $1,350 $3,600 $z'70O 8—Scenario Analysis of Atternativo Futures 3A.Develop scenario analysis tool 3G.5upp|ennenta|research and data collection 3C.Development and analysis vfoptions 3D.Collaborative process »oexplore options &implications 'Staff process (Z]meetings) Council process (1-2 meetings) $2,100 $4,500 Optional $3,000 4. Final Fire Assessment Report; 4x.D,aft final report 48.Final report *c.Council presentation $4,200 $2,100 Optional $3,600 Totaa�m��mu�� Base budget only Optional elements $37,125 Fully burdened hourly rates will bebilled aofollows: • MichaedHodons $225 per hour w Annie Sieger $15Oper hour Expenses, such as mileage, will be billed at cost with no markups HabUeConsulting LLC Page