HomeMy WebLinkAbout20-080 - Center for Public Safety Management, LLC - Fire Independent AnalysisCity of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
20-080
Contract Number:
Council Approval N/A
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Center for Public Safety Management, LLC, hereinafter referred to as
"the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Prolect Designation. The Consultant is retained by the City to perform analysis services in
connection with the project titled Fire Department Expenditures, Revenues and Services
Independent Analysis.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing August 13, 2020 and ending December 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 December 31,
2020 unless an extension of such time is granted in writing by the City. The Consultant shall
make best efforts to adhere to Project Timeline stipulated in Exhibit "C".
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $39,999 without express written modification of the Agreement signed by the
City.
B. The Consultant shall submit invoices to the City based on the completion of project
milestones as stated in Exhibit "B". The invoices will be reviewed by the city and, upon
approval thereof, payment shall be made to the Consultant on "net -30 terms" in the
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 be made available upon
request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1. Automobile Liabilit insurance with a minimum combined single limit for bodily
injury and property damage of S1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non -owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual Inability coverage.
2. Commercial General Liability insurance with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than S2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
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B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than
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
additional insured endorsement, evidencing the insurance requirements of the Contractor
before commencement of the work. Upon request by the City, the Consultant shall
furnish certified copies of all required insurance policies, including endorsements,
required in this Agreement and evidence of all subcontractors' coverage.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days' notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds
due the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant 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 the Consultant nor any employee of the
Consultant 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 for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consuitant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has 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 or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without liability, or in its discretion
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 to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin,
age, veteran status, sex, sexual orientation, gender identity, marital status, 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 of materials or supplies.
12. Amignromt. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the 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 a waiver of any other provision.
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14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. As elicable Law. Venue. Attorne 's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state andlocal laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. 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. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. Severabili and Survival. If any term, condition or provision of this Agreement is declared
void orlunenforceable 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 reasonably intended to
survive the completion, expiration or cancellation of this Agreement, shall survive termination
of this Agreement.
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Center for Public Safety Management, LLC
475 K Street NW Ste 702
Washington, DC 20001
18. Entire A eement• Modification. This Agreement, together with attachments or addenda,
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 effectlunless it is in
writing and signed by the parties.
DATED this 8th day of September, 2020.
CITY OF TUKWILA CONSULTANT
Man Ekberg, Mayor
09/11/2020
Thomas Wieczorek, Director
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Attest/Authenticated:
Oh4.€ <).6,7(eth&tr-J
Approved as to Form:
cam a_Ct li d
City Clerk, Christy O'Flaherty Office of the City Attorney
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Exhibit A — Scope of Services
• Review the City's 2020 and 2019 "Memos to Council" and analyses of Fire Department costs
and services for background information of the past ten to fourteen years of expenses and
service levels as listed here:
1. May 20, 2020 Memo to Council re: Fire Department 1st Quarter Budget Report
2. May 18, 2020 Coronavirus Response Update: Fire Staffing and Calls for Service
3. August 21, 2019 Memo to Council re: Tukwila Fire Special Operations
4. August 7, 2019 Memo to Council re: Update Fire Department Fee Schedule
5. August 7, 2019 Memo to Council re: Sources of Revenue for Fire Departments
6. July 17, 2019 Memo to Council re: Fire Budget Discussion — Service Levels
7. May 22, 2019 Memo to Council re: Fire Budget Discussion
• Conduct virtual interviews with a minimum of the following people/positions/groups (if
multiple members from any group below avail themselves but cannot be interviewed due to
time or other constraints, City Administration will select the participant(s)):
1. Tukwila Mayor
2. Tukwila City Councilmembers
a. Can be conducted in groups or individually, at each member's discretion
3. Tukwila City Administrator and Director of Finance, collectively
4. Tukwila's Director of Human Resources
5. Tukwila Fire Chief
6. Tukwila Fire Chief'sAssistant
7. Each of the three Tukwila Fire Battalion Chiefs in Suppression, collectively
8. Fire Department's Administrative Battalion Chief
9. Tukwila Fire Marshal
10. Tukwila Fire Department Training Captains
a. To be conducted as a group if both are available
11. Two Captains from Tukwila's Fire Department Suppression Division, to be identified
by the City
a. Then a follow-up with one Captain's crew, as a group
12. A representative from King County's Medic ALS Program
13. A representative from Tukwila's Payroll team that is directly responsible for working
with the Fire Department
14. President (or other member of executive team if President islunavailable) from
Tukwila Fire Department's Union
• Review the Fire Department's current practices and use of leave and overtime in the
department and provide recommendations for resolving excess expenditures. This analysis
should include review of the following:
1. Use of sick leave, long-term disabilities, shift changes, training, and other uses. This
review will include an analysis of payroll data (regular, Kelly, vacation, sick, overtime,
etc) and trends for the various functions within the Department and provide
recommendations for optimization and improvement as well as areas of concern.
2. If data from other Fire Departments become available and is provided to Consultant
by the City, compare these findings with regional and national trends. This review
should cover at least the last five years.
3. The sick leave use study should also include a review of up to fourteen years to
capture the data for the 48/96 vs Modified Detroit schedules which took place
January 2008.
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• Review the Fire Department's 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 Fire Department use and costs of training, especially specialized trainings, and
provide a cost benefit review. Provide options, and recommendation for future training
activities.
• Based on interviews, provided documents/data, and "Tukwila Fire Department 2019 Annual
Report", conduct an evaluation of the current service levels and response times. Provide
recommendations on service level adjustments with associated costs and best practices for
City Council direction. Report will also compare service levels currently provided by Tukwila's
Fire Department with commonly accepted standards.
• Consultant will provide its standard "Data Analysis Report".
• Review and assess Fire Department revenues currently being collected and provide
recommendations for other revenue sources. These would include a review of best practices
from other agencies, how to best recover costs, and implementing fees.
• Provide recommendations on creating transparent monitoring reports for Fire Department
expenses and service levels that can be used by the City on a regular basis.
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Exhibit B — Compensation
Payments will be invoiced and issued as outlined below:
• $15,999 upon execution of the contract.
• $16,000 when the draft report is submitted.
• $8,000 upon acceptance of the final draft report.
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EXHIBIT "C" — Project Timeline
Milestone Desch •tion
Milestone 1 — Full execution of the agreement Execution Date on Agreement will identify
Project Launch date.
The Parties will participate in a kick-off
meeting held via Microsoft Teams (or
telephone conference). Consultant project
leads will launch the project by clarifying and
confirming expectations/scope of work,
detailing study parameters, identifying agency
point of contacts and commencing information
gathering. The Consultant will also discuss
any information requests or data participants
wish to address.
Milestone 2 — Project Launch
Milestone 3a — Information Gathering and
Data Extraction — 30 Days
Immediately following project launch, The
Consultant Operations Leads will deliver an
information request to The City. This is an
extensive request that will provide The
Consultant with a detailed understanding of
the Departments' operations. The Consultant
will provide instructions concerning uploading
materials to The Consultants servers.
Milestone 3b — Data Extraction and Analysis — Immediately following the project launch,
14 Days Consultant Data Lead will submit a
preliminary data request.
Milestone 3c — Data Certification — 14 days Once the Consultant Data Assessment Team
is confident the data are accurate, the
Consultant will certify that they have all data
necessary to complete the Scope of Work.
Milestone 4 — Data Analysis and Delivery of Within 30 days of Milestone 3c, the Scope of
Draft Data Report — 30 days Work will be completed, and a draft, unedited
data report will be delivered to The City for
review and comment.
After the data draft report is delivered a
meeting will be held via Microsoft Teams (or
telephone conference) to discuss the draft,
unedited data report.
Milestone 4a — City Review of Draft Data The City will have 10 days to review and
Report — 14 days comment on the draft unedited data analysis.
During this time, the Consultant Data team will
be available to discuss the draft report. The
City will specify all concerns with the draft
report at this time.
Milestone 4b — Final Data Report — 10 days After receipt of the City's comments, the data
report will be finalized within 10 days.
Milestone 5 — Draft Operations Report — 30 Within 30 days of Milestone 4b, the
days Consultants operations team will provide a
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Milestone 6 — Final Report 15 days
draft operations report to the City. The City
will have 10 days to review and comment.
Once the City's comments and concerns are
received by the Consultant, the final report will
be delivered to the City within 10 days.
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