HomeMy WebLinkAboutFCS Group - Ambulance Utility StudyPROFESSIONAL SERVICES AGREEMENT
Ambulance Utility Rate Study
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as "City", and FCS Group, hereinafter referred to
as "Consultant."
RECITALS
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities to perform the services and/or tasks as set
forth in this Agreement upon which the City is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
1. Scope of Services. The Consultant shall perform such services and accomplish such
tasks, as identified and designated as Consultant's Responsibilities throughout this
Agreement, and as more particularly described in Scope of Work detailed in Exhibit A,
attached hereto and incorporated herein (the "Project").
2. Term. This Project shall begin on the date of final execution by the signatories to the
agreement and promptly be completed within six calendar months of the date of
execution. Facilitation services may be provided outside of the six month window as
mutually agreed in writing.
3. Compensation and Payment.
3.1 Payment for services provided hereunder shall be made as provided in Exhibit A.
Such payment shall be full compensation for work performed or services
rendered, and for all labor, materials, supplies, equipment, and incidentals
necessary to complete the Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performed under this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
issued. Payment shall occur within thirty (30) days of receipt and approval of an
invoice.
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4. Reports and Inspections.
4.1 The Consultant as the City may require, shall furnish to the City such statements,
records, studies, surveys, reports, data, and information as the City may request
pertaining to matters covered by this Agreement.
4.2 Consultant shall maintain books, records and documents related to the
performance of this Agreement. These records shall be subject, at all reasonable
times, to inspection, review, or audit as provided above.
4.3 The Consultant shall retain all books, records, documents or other material
relevant to this Agreement for three (3) years after its expiration. Consultant
agrees that the City, or its designee, shall have full access and right to examine
any of said materials at all reasonable times during this period.
5. Ownership and Use of Documents.
5.1 All research, preliminary data, information and documents made, collected, or
prepared by the Consultant for performing the services subject to this Agreement,
as well as any final product, collectively referred to as "work product," shall be
deemed as the property of the City. Consultant may not use them except in
connection with the performance of the services under this Agreement or with the
prior written consent of the City.
5.2 In the event of Consultant's default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed to date of default or termination, shall
become the property of the City, and tender of the work product and summary
shall be a prerequisite to final payment under this Agreement. The summary of
services provided shall be prepared at no additional cost, if the Agreement is
terminated through default by the Consultant. If the Agreement is terminated
through convenience by the City, the City agrees to pay Consultant for the
preparation of the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56
RCW "Public Records Act." All preliminary drafts or notes prepared or gathered
by the Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or public citation by the City in connection with City
action.
7. Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant.
No agent, employee, officer or representative of the Consultant shall be deemed to
be an employee, agent, officer, or representative of the City for any purpose, and
the employees of the Consultant are not entitled to any of the benefits or
privileges the City provides for its employees. The Consultant will be solely and
entirely responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City's general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements ofRCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
8. Indemnification.
8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, agents, employees, and volunteers from any and all claims and causes of
action, including, but not limited to, actions of law or administrative proceedings
for all injuries to persons or damages to property, and all losses, damages,
demands, suits, judgments, including attorney fees, arising out of, or as a result
of, or in connection with the work performed under this Agreement, and caused or
occasioned in whole or in part by reason of errors, negligent acts or omissions of
the Consultant or its subcontractors in the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City, its officers,
employees, agents, and volunteers.
8.2 This waiver has been mutually negotiated by the parties, and the provisions of this
section shall survive the expiration or termination of this Agreement.
9. 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, employees, or subcontractors.
9.1 Minimum Scone of Insurance. Consultant shall obtain insurance of the types
described below:
9.1.1 Automobile Liability insurance covering 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
liability coverage.
9.1.2 Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. The City shall be named as an insured under the Consultant's
Commercial General Liability insurance policy with respect to the work
performed for the City.
9.1.3 Professional Liability insurance appropriate to the Consultant's profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no
less than:
❑ $1,000,000 aggregate
9.2.3 Professional Liability insurance shall be written with limits no less than:
❑ $1,000,000 aggregate
9.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional
Liability, and Commercial General Liability insurance:
9.3.1 The Consultant's insurance coverage shall be primary insurance as
respects 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 contribute with it.
9.3.2 The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
9.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M.
Best rating of not less than ANII.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory,
mental or physical handicap; provided that the prohibition against discrimination in
employment because of handicap shall not apply if the particular disability prevents the
proper performance of the particular worker involved. The Consultant shall ensure that
applicants are employed, and that employees are treated during employment in the
performance of this Agreement without discrimination because of their race, creed, color,
national origin, sex, marital status, age or the presence of any sensory, mental or physical
handicap. Consultant shall take such action with respect to this Agreement as may be
required to ensure full compliance with local, State and Federal laws prohibiting
discrimination in employment.
11. Termination.
11.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) business days written
notice in advance of the effective date of such termination.
11.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions
of this Agreement and fails to correct such noncompliance within five (5)
business days of written notice thereof, the City may terminate this Agreement for
cause. Termination shall be effected by serving a notice of termination on the
Consultant setting forth the manner in which the Consultant is in default. The
Consultant will only be paid for services and expenses complying with the terms
of this Agreement, incurred prior to termination.
12. General Provisions.
12.1 For the purpose of this Agreement, time is of the essence.
12.2 The Project Administrator for the purpose of this Agreement shall be:
12.2.1 For the City: Rick Terway,
Director Admin & Community Services
525 North 3d Ave
Pasco WA 99301
12.2.2 For the Consultant: Peter Moy
Redmond Town Center
7525 166th Ave NE Ste. D-215
Redmond, WA 98052
13. Dispute Resolution.
13.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
13.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees, shall first
meet in a good faith effort to resolve such dispute. In the event the dispute cannot be
resolved by agreement of the parties, said dispute shall be resolved by arbitration
pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial
upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The
substantially prevailing party shall be entitled to its reasonable attorney fees and costs as
additional award and judgment against the other.
14. Nonwaiver. 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
similar event or other provision of this Agreement.
15. Integration. This Agreement between the parties consist in its entirety of this document
and any exhibits, schedules or attachments verified by initials as a part of Exhibit A. Any
modification of this Agreement or change order affecting this Agreement shall be in
writing and signed by both parties.
lb. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the / day of J U /LP 2015.
CITY OF PASCO, WASHINGTON
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Man ii&-
Dat6
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
CONSULTANT
Peter Moy
Date
AMBULANCE COST OF SERVICE AND RATE STUDY
CITY OF PASCO, WASHINGTON
SCOPE OF WORK AND TASK PLAN
Task 1 - Conduct Kick-off Meeting
The consultant team will conduct a project kick-off meeting with staff from the Finance and Fire
Departments, who will serve as the primary contacts with FCS GROUP for assisting and providing
information for the cost of service and rate study. The agenda for this meeting will include basic data
collection, a discussion of project goals and parameters, formulation of the project schedule, and
discussion of other coordination issues. A written data request will be provided to appropriate City
staff members in advance of this meeting.
TASK 2 - Review and Analyze Fire Department and Ambulance
Costs and Workload Data
To determine the cost of service, we will collect and review information on the City's costs to
provide its emergency medical services and ambulance services. The review will include the 2014
actual revenues and costs and the 2015 budgeted revenues and costs. Specific 2013, 2014, and 2015
revenue data will be reviewed as well as call and response data for these same years. Because of our
methodology for determining availability and demand costs, we will also need to know the total
service time spent responding separately to fire/other and EMS incidents by unit, station, and
jurisdiction. For all the data needs including the customer billing data, the City will provide the
information in a format specified by FCS GROUP.
TASK 3 - Develop a Cost of Service Framework
After reviewing the City's fire department and ambulance costs, we will develop a cost of service
framework consistent with the provision in RCW 35.21.766. We will identify the costs associated
with the basic infrastructure needed to respond to calls for service and the costs associated with
responding to calls for service. We will review the framework with the City staff to determine if the
City has data to support the framework and allocation factors used to distribute the various costs.
TASK 4 - Determine the Cost of Service
Based on the framework, we will develop a cost of service model that can be used to allocate the
costs between fire and EMS/ambulance services as well as between availability and demand cost
categories. Availability costs include dispatch, labor, training, equipment, patient care supplies and
maintenance of equipment. Demand costs include costs related to the frequency of calls, distances
from hospitals, and other costs related to responding to a call. The example below shows how costs
-*..-),FCS GROUP
AMBULANCE COST OF SERVICE AND RATE STUDY
CITY OF PASCO, WASHINGTON
are allocated and what often happens when a study is done compared to the budget.
TASK 5 - Identify Potential Customer Classes and Cost Allocation
Methods
To develop the ambulance utility rates, customer classes and the use of the ambulance service must
be determined. We will use the City's existing service and customer data that it already has for its
ambulance utility. Potential allocation methods will be identified as well as alternative rate
structures. In analyzing customer classes, allocation methods, and rate structures, utility rate setting
concepts will be used whenever they are applicable to EMS and ambulance services.
TASK 6 - Calculate Availability and Demand Rates for Each
Customer Class
Once customer classes, allocation methods, and rate structures have been identified, the City's
revenue requirements for the availability and demand services will be calculated for the potential
customer classes. After identifying the costs associated with these services, rates consistent with
RCW 35.21.766 will be developed. The current ambulance fees will also be reviewed to determine
their impact on the demand costs. Before calculating the rates, the City should address whether the
current General Fund subsidy should continue or whether rates should recover the full cost of service
after subtracting fees and other miscellaneous revenues. Based on the City policy choice, we will
then calculate the rates. If costs are not anticipated to change (i.e. no additional staff will be hired) in
the near future, rates can be adjusted by the percentage change in the budgets related specifically to
EMS and ambulance services. Based on discussions with the City, a new unit might be considered in
the future, and as a result, a five year forecast in Task 7 will be developed to determine the rate
impacts of adding another unit.
TASK 7 - Develop a Five Year Forecast
Once the rates have been established for the base year such as 2014 or 2015 and if the City plans to
add additional staffing and/or medic units, a five year forecast will be developed to identify the
ambulance rate impacts. We will forecast revenues and costs over the next five years to determine the
necessary rate increases needed to support any additional staff or medic units in the future. As part
of the analysis, we will need the Fire Department to analyze and forecast EMS incidents and any
impacts that an additional unit might have on the fire and EMS workload of the existing units. If a
new unit takes incidents away from the existing units additional transport revenues might not occur,
but existing units might be more available to respond sooner to multiple EMS calls.
TASK 8 - Prepare a Report
To document the assumptions, methodology, analysis, and alternatives for establishing customer
classes and rates, FCS GROUP will prepare a draft report. We will meet with the City staff to discuss
the draft report and will make changes, as appropriate, before issuing a final report. We will provide
ten copies of a bound final report and an electronic version of the report.
TASK 9 - Present Results
FCS GROUP will prepare and make one presentation for the City that could include City staff, a City
Council Committee, and/or the full City Council.
•:;> FCS GROUP
AMBULANCE COST OF SERVICE AND RATE STUDY
CITY OF PASCO, WASHINGTON
BUDGET ESTIMATE
The table below summarizes our estimated cost to perform the above task plan. For expenses we are
planning two on-site trips for the review of the preliminary rates and forecast parameters and the City
Council presentation.
•::> FCS GROUP
Consultant
Principal
Hours
Analyst
Admin.
Total
Tasks
Moy
Support
abor Hou
Budget
Effective Hourly Billing Rates:
$225
$120
$80
Task 1 - Conduct Kickoff Meeting
6
6
1
13
$2,150
Task 2 - Review and Analyze Fire Department and
Ambulance Costs and Workload Data
4
8
12
$1,860
Task 3 - Develop a Cost of SeNce Framework2
2
4
$690
Task 4 - Determine the Cost of SeNce
8
40
-
48
$6,600
Task 5 - Identify Potential Customer Classes and Cost
Allocation Methods
2
4
6
$930
Task 6 - Calculate Availability and Demand Rates for
Each Customer Class
4
8
-
12
$1,860
Task 7 - Develop a Five Year Forecast
8
20
28
$4,200
Task 8 - Prepare a Report
24
8
2
34
$6,520
Task 9 -Present Results
4
-
1
5
$980
Travel and Expenses
$1,200
Total Required Project Budget
52
96
4
162
S 90
•::> FCS GROUP