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Home My WebLink About001044 Original Contract City of Port Angeles Record # 001044 PROFESSIONAL SERVICES CONTRACT between CITY OF PORT ANGELES and FCS GROUP This contract is entered into by and between the City of Port Angeles, a municipal corporation of the State of Washington (hereinafter referred to as ACity @), and FCS Group (hereinafter referred to as AContractor @). In consideration of the covenants and promises set forth herein, the parties hereto agree as follows: 1. Purpose and Scope of Services. The City requires the expertise and experience which Contractor is able to provide to internal City staff providing an overview and training in calculation of rates/fees of interest, data, methodology for calculation of fees, understanding analytical areas and the calculations made to generate updated rates/fees for the City. A complete Scope of Services is attached as Exhibit A. In performing services under this Contract,the Contractor shall perform in accordance with generally accepted professional practices. Z. Duration of Contract. The parties intend that this contract shall be effective from and after the last date affixed in the signature blocks below, and shall terminate upon completion of the services to be provided by the Contractor. Either party, upon ten (10) days' notice to the other party, may terminate this Contract in whole or in part when either party deems it to be in their best interest. In such event, Contractor shall be compensated and the City shall be liable only for payment of services already rendered under this Contract prior to effective date of termination. 3. Compensation & Payment. Total compensation for this service is $11,639.00. Contractor shall submit invoice to the City and the City will pay the invoice within 30 days of receipt. 3 4. Relationship of Parties. Contractor shall act as an independent contractor and not as an employee, agent, or officer of the City. The Contractor shall not be authorized to bind the City to any position. Contractor shall f 1 assume full responsibility of all federal, state, and local taxes and contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax withholding and shall not be entitled to the benefits provided by the City to its employees. S. Assignment. Contractor shall not assign or delegate any of the work covered by this Contract without the express written consent of the City. The City shall not assign this Agreement or any portion thereof to any other person or entity without the express written consent of the Contractor. Nothing contained in this Contract shall be construed to create a right in any third party whomsoever, and nothing herein shall inure to the benefit of any third party. There are no third party beneficiaries of this Contract entitled to rely on any work performed or reports prepared by Contractor hereunder for any purpose. The City shall indemnify and hold Contractor harmless against any liability for any loss arising out of or relating to reliance by any third party on any work performed or reports issued hereunder. 6. Hold Harmless and Indemnification. The Contractor shall defend, indemnify and hold harmless the City, and its respective officers, officials, employees, deputies, and agents from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including costs and attorneys fees in the defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of Contractor's and its respective employees, agents, volunteers, and/or subcontractors, negligent acts, errors or omissions in providing services under the terms of the contract. Provided, however, that the Contractor's obligation hereunder shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the City, its officers, officials, employees, deputies, and/or agents. Provided further, that in the event of concurrent negligence of both parties, the Contractor's obligations hereunder shall apply only to the percentage of fault attributable to the Contractor, its employees, agents, volunteers, and/or subcontractors. 7. Ownership of Data and Documents. All writings, programs, data, public records or other materials prepared by the Contractor and/or its Contractors or subcontractors, in connection with the performance of this agreement shall be the sole and absolute property of the City and constitute "work made for hire" as that phrase is used in federal and/or state intellectual property laws. City shall have the right to the use of all data, recommendations, proposals, reports, design criteria, and similar information provided to it by Contractor ("Information" herein); provided, however, that the information shall not be used or relied upon by any party other than the City, save and except as may be required by the design and licensing requirements of the project for 2 which the Information is provided or action of the courts; further, such use shall be limited to the particular site and project for which the Information is provided. 8. Waiver. No officer, employee, agent or otherwise of the City has the power, right, or authority to waive any of the conditions or provisions of this contract. No waiver of any breach of this contract shall be held to be a waiver of any other or subsequent breach. All remedies afforded to in this contract or at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. Failure of the City to enforce at any time any of the provisions of this contract or to require at any time performance of any provision of the contract herein shall in no way be construed to be a waiver of such provision, or in any way affect the validity of this contract or any part thereof, or the right of the City to hereinafter enforce each and every such provision IN WITNESS WHEREOF, the parties hereto have executed this contract to be effective as of the date and year indicated below. Date: i Date: ` r-- , CITY OF PORT ANGELES CONTRACTOR: FSC GROUP , f By By Dan McKeen, City Manager Angie San\di6 Virnoche, Principal ATTEST: APPR ED AS TO FO� ennifer Veneklasen, City Clerk William E. Bloor, City Attorney 3 i CITY OF PORT ANGELES RATE/FEE WORKSHOP Scope of Services FCS GROUP is pleased to submit this proposed scope of services and budget for a rate and fee workshop. The workshop is intended to give internal staff an overview of each of the key rates/fees of interest, identify key data needs,methodology for calculation of fees,steps for updating rates/fees, an understanding of analytical areas and the calculations made to generate updated rates/fees for the City. The following task plan discusses how we propose to carry out this engagement: WORKSHOP DEVELOPMENT This task will focus on developing the presentation materials for the workshop. It is anticipated that the following rates/fees will be covered. The City may modify this list as time and budget allow. ✓ Water Utility Rates ✓ Sewer Utility Rates ✓ Storm Water Utility Rates ✓ Solid Waste Utility Rates(this includes collection and transfer station rates) ✓ Electric Utility Rates It is anticipated that a two day onsite workshop be completed. As an initial example the first day could be scheduled to include water,sewer and storm. The second day would include solid waste and electric. The facility and equipment needed for the workshop would be a large screen, laptop and projector system. It would be ideal for participants to have a desk or table available for handout and for writing. A larger screen is ideal as it is possible that there may be example excel files displayed to run through examples of the analyses. The organization of the workshop is proposed as follows—global means applies to all,the remainder would be a utility specific discussion: ✓ Introductions(global) ✓ Overview of process/methodology (global) ✓ Review of rate setting principles (global) ✓ Role,goals and objectives of rate/fee studies(global) ✓ Identification of data needs(financial, capital,demand/load, and customer data)to include discussion and examples of ideal reports. ✓ Fiscal and Other Policies for Consideration • Revenue Requirement(establishing overall revenue needs) • Cost of Service(equity evaluation)—bundled/unbundled methodology • Rate Design(collecting target revenue)—fixed and variable charges; rate design prioritization and ranking ✓ Review of key analytical components—discuss the impact of how changes to different components affect the overall rates. As time allows,this can be completed in the actual excel file. Redmond Town Center,7525 1661"Ave NE,Suite D-215,Redmond,WA 98052♦425.867.1 802 4380 SW Macadam Ave.,Suite 220, Portland,OR 97239 ♦ 503.841.6543 City of Port Angeles Rate/Fee Workshop ✓ Summary and remaining questions During the development of the workshop material we will work closely with the City project manager to ensure that all areas of interest will be covered. BUDGET The total proposed level of effort to complete the rate/fee workshop is summarized below. Our normal billing practice is to bill based on time and materials actually expended, not to exceed the total budget. Each task identifies the billable hourly rate and expected number of hours required of each consultant in order to accomplish the proposed scope of work. ^c . q t , Hourly Billing Rates: RATEIFEE WORKSHOP Development of Presentation Material 4 20 4 28 $4,660 Presentation Time 16 16 32 6,480 TOTAL LABOR BUDGET ALL 20 36 4 60 $11,140 Labor Hour Distribution 33.33% 60,00% 6.67% 100.00% Hotel(2 persons,2 nights) $400 Mileage/Ferry $99 TOTAL PROJECT BUDGET $1239 The City of Port Angeles will mutually agree to the dates of the two day workshop.Agreement will be memorialized by confirming e-mail between FCS and the City. 1 FCS GROUP Page 2