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2012-40 pit Public Resources Management Group, Inc. MG Utzlzty, Rate, Fznanczal and Management Consultants May 21, 2012 Mr. Freddy Suarez Administrative Services Director City of Clermont 685 W. Montrose Street Clermont, Florida 34711 Subject: Agreement to Provide an Impact Fee Study Dear Mr. Suarez: Public Resources Management Group, Inc. (PRMG) is pleased to submit this agreement to provide professional consulting services to the City of Clermont, Flonda (the "City" or "Client ") associated with the preparation of a utility and municipal impact fee study (the "Impact Fee Study "). The purpose of the Impact Fee Study is to assist the City with its review and update of Water, Wastewater, Police, Fire, and Recreation Impact Fees that are applied to new development. PROJECT TEAM AND BILLING RATES With respect to the performance of this engagement, Mr. Henry L. Thomas will be the pnncipal in charge, project manager and primary contact with the City. Other staff consultants, analysts and administrative personnel will be utilized during the course of the engagement as needed. The services covered by this Agreement shall be billed based on the direct labor rates set out in Attachment A which is made a part of this proposal. SCOPE OF SERVICES The scope of services to be performed by PRMG is included on Attachment B, which is made a part of this proposal. COMPENSATION AND BILLING Based on the Scope of Services as summanzed herein in Attachment B and the direct hourly labor billing rates as identified on Attachment A, we propose to establish a not -to- exceed contract budget to provide consulting services associated with the performance of the Impact Fee Study of $28,600. This project budget amount includes the direct cost of personnel anticipated to be assigned to the project as well as any other direct costs such as travel, telephone, and copying, pnnting and shipping charges. The costs incurred by PRMG for such other direct costs, if any, will be billed to the City based on the Standard Unit Costs or reimbursement schedule as reflected on Attachment A. It is proposed that PRMG will bill monthly for services relative to this engagement based on the hourly amount of time spent by the project team members, the other K \1179 City of Clermont\ RevisedClermontlmpac tFeeLetterAgree Rv -2 (2) docx 341 NORTH MAITLAND AVENUE • SUITE 300 • MAITLAND, FL 32751 TELEPHONE (407) 628 -2600 • FAX (407) 628 -2610 Mr. Freddy Suarez City of Clermont May 21, 2012 Page 2 direct costs incurred and the pass - through of any sub - consulting costs that may be required for the engagement. No additional services above the cost estimate will be performed without the prior written authorization of the City. TERM OF AGREEMENT The terms of this proposed agreement and the associated direct hourly labor billing rates for PRMG personnel shall be in effect and continue through the completion of the project or December 31, 2012, or some other contract period as mutually agreed to between the City and PRMG. It is anticipated that the project will be submitted to the City within 120 days after being given authorization to proceed. ADDITIONAL TERMS AND CONDITIONS Additional standard terms and conditions, that are made part of this proposed agreement, are set forth in Attachment C which is made a part of this proposal. We appreciate the opportunity to submit this agreement to provide rate consulting services to the City. If this agreement is acceptable, please execute both copies and return one copy to PRMG. Very truly yours, Public Resources Management Group, Inc /g4 ‘„ Henry L. Thomas Vice President ACCEPTED BY: City of Clermont ame -aolr). Title J Date K: \1179.City of Clermont\ RevisedClermontlmpactFeeLetterAgree Rv -2 (2).docx ATTACHMENT A CITY OF CLERMONT, FLORIDA UTILITY AND MUNICIPAL SERVICES IMPACT FEE STUDY SCHEDULE OF DIRECT LABOR HOURLY RATES AND STANDARD UNIT COSTS DIRECT LABOR HOURLY RATES Direct Labor Project Team Title Hourly Rates [ *] Principal $170 00 Associate $125 00 Managing Consultant $115 00 Supervising Consultant $110.00 Senior Consultant $105 00 Rate Consultant $ 95.00 Consultant $ 85.00 Senior Rate Analyst $ 75 00 Rate Analyst $ 65 00 Analyst $ 55 00 Assistant Analyst $ 45 00 Admimstrative $ 48 00 [ *] Direct labor hourly rates effective twelve months after the date of execution of the Agreement, rates will be adjusted by not more than the net percentage change (but not Tess than 0 %) in the Consumer Price Index — Urban Consumers per annum (rounded to the nearest dollar) or as mutually agreed between parties for invoices rendered after each anniversary date of each year thereafter until project completion or termination of the Agreement between the parties OTHER DIRECT COSTS - STANDARD RATES STANDARD COST RATES Expense Description Standard Rates [ *] Mileage Allowance — Personal Car Use Only $0 485 per mile Reproduction (black and white) (in house) $0.05 per page Reproduction (color) (in house) $0.25 per page Reproduction (contracted) Actual Cost Computer Time $0 00 per hour Telephone Charges Actual Cost Delivery Charges Actual Cost Lodging /Other Travel Costs Actual Cost Meals Not to exceed per PRMG Employee. $8.00 — Breakfast $12.00 — Lunch $25 00 — Dinner Subconsultant Services Actual Cost plus 5 0% Other Costs for Services Rendered Actual Cost [ *] Standard cost rates effective twelve months after the date of execution of the Agreement, where applicable, rates will be adjusted by not more than the net percentage change (but not less than 0 %) in the Consumer Pnce Index — Urban Consumers per annum (rounded to the nearest dollar) or as mutually agreed between parties for invoices rendered after each anniversary date of each year thereafter until project completion or termination of the Agreement between the parties Any Standard Rate adopted by policy by Client will supersede rates shown above K \1179 City of Clermont\ RevisedClermon tIir>pactFeeLetterAgree Rv -2 (2) docxA -1 ATTACHMENT B CITY OF CLERMONT, FLORIDA IMPACT FEE STUDY SCOPE OF SERVICES The scope of services to be performed by PRMG in the preparation of the Impact Fee Study for the police, fire, and recreational services (the "Municipal Services ") and the water and wastewater services (the "Utility Services ") will include the following tasks: Data Gathering: 1. Preparation of Data Request — PRMG will prepare a written data request outlining the necessary information that will need to be compiled by the City in order to complete the Impact Fee Study. The data request will be segregated by type of fee in order to assist the City with the data gathering efforts. Data that will be requested will include, but not be limited to, the following: i) personnel and staffing levels for police and fire departments, ii) inventory of existing capital equipment and facilities required to provide police and fire protection services, including buildings and structures, vehicles, equipment and equipping of personnel; Hi) an inventory of recreation open space and the recreational facilities currently in service; iv) fixed asset data for the water and wastewater systems; v) population and development statistics; vi) service call information for police and fire protection services; vii) capital improvement programs for water and wastewater and municipal services; viii) utilization and capacity availability data for the existing water and wastewater treatment facilities; ix) comprehensive planning documents; x) information regarding current level of service standards; and xi) other data and information considered necessary to perform the study. PRMG will gather data regarding the level of fees currently charged by neighboring communities. 2. Initial Project Meeting — PRMG staff will attend an initial project meeting to affirm project goals and objectives, obtain and review compiled information and interview City staff. It is anticipated that this meeting will occur after the City has provided the data requested in the initial data request Municipal Service Impact Fees: 1. Municipal Service Area Forecast — This task will include a review of service area demographics including any projections of service area population and new development by type of residential dwelling unit (e.g., single - family, multi- family, etc.) and commercial development by land use type and square footage. The population projections and other service area demographics as contained in documents such as the City's Comprehensive Land Use Plan; Florida Statistical Abstract and other information provided by the City will be used in this task is to estimate the future service area demand for services. K \1179 City of Clennont\RevisedClermont[mpac tFeeLetterAgree Rv -2 (2) docxB— 1 2. Determination of Level of Service Standards — Based on available information, PRMG will work with City staff to identify the level of service standard (LOS) for each municipal service. These standards should be consistent with the City's current service levels and the City's Comprehensive Plan submitted to the Department of Community Affairs, where applicable. 3. Cost Allocation — The capital costs associated with providing municipal services for new customers will be identified in conjunction with City staff and allocated among the residential and commercial customer classifications, where appropriate or determined on a "per equivalent unit" basis to assist in the overall fee determination. The allocation of such costs will be based on the service area demographics, level of service standards and development characteristics of the City and other factors as deemed appropriate by PRMG and the City. 4. Design of Municipal Services Impact Fees — PRMG will design impact fees for each specific customer classification for the municipal services under consideration. The design of the Municipal Services Impact Fees will recognize the same general rate categories and application methods currently in effect unless it is decided that these categories should be modified (this will be determined between the City and PRMG during information gathering phase of project). The Municipal Services Impact Fees will be based on the capital cost allocable to future growth, the allocation of such costs among the relevant customer categories, and the level of service standards. Additionally, PRMG will identify any external funding credits that should be recognized in the derivation of the impact fees. Water and Wastewater Utility Impact Fees: 1. Determination of Level of Service Standards - Based on the information provided by the City and the results of interviews with key staff members, PRMG will identify the level of service (LOS) standards consistent with the City's current planning criteria, industry standards, and other factors. 2. Equivalent Residential Connection (ERC) and Facility Use Characteristics - Based on the level of service standards an analysis of the City's existing and projected capacity requirements and facility use characteristics will be conducted. This analysis will include a review of current fixed assets and capacity utilization. 3. Design of Utility Services Impact Fee - Based on the LOS standards and the cost of capacity required to serve new development, the PRMG will develop Utility Impact Fees for water and wastewater service. The fees will be developed recognizing the reservation and utilization of capacity by an equivalent residential customer (e.g., single - family residential) and will recognize the capital facility burden imposed on the City by new development. This task will include the following: • Review the City's current Utility Impact Fee application methodology and make recommendations for alternative approaches to supplement the current methods; K \1179 City of Clermont\ RevlsedClermon tlmpactFeeLetterAgree Rv -2 (2) docxB -2 • Perform an analysis of existing facility costs and future capital costs to provide utility service to new development; • Conduct an evaluation of system capacity relationships for existing and future plant additions; • Design Utility Impact Fee for each specific utility system. 4. Utility Impact Fee Credit Determination - This task will recognize any alternative funding sources which have been or will continue to be available to the City which will serve to reduce the capital funding requirements from new development, if any. This task will include an evaluation of alternative funding sources, and the development of a credit to the fees determined above on a consistent methodology. Finally, the development of the net Utility Impact Fee to be charged will be determined. Other Impact Fee Tasks: 1. Fee Comparisons — A comparison of the existing and proposed fees for residential dwellings and commercial use will be prepared for each of the Municipal and Utility Services Impact Fees (new customer impact analysis) and also compared with similar fees charged by other neighboring public jurisdictions and utilities. 2. Review of Impact Fee Ordinance — PRMG will assist the City in the review and update of the existing impact fee ordinance to reflect the recommendations of the study. 3. Presentation of Findings — A report will be prepared by PRMG summarizing the data relied upon in the development of the impact fees as well as the assumptions and methods used to develop such fees, and our conclusions and recommendations for consideration by the City Additionally, PRMG will attend one public hearing before the City Council to present the findings and recommendations of the Impact Fee Study, which assumes the presentation of all the impact fees under investigation. 4. Meetings — For the purposes of this scope of services, it has been assumed by PRMG that our staff will attend four (4) meetings with the City in order to prepare and present the report regarding the municipal impact fees. A summary of the meetings is shown below. Number of Description Meetings Data Acquisition and Interview(s) of Appropriate City Staff 1 Initial Presentation of Analysis to City Staff 1 Attendance of Staff Review Meeting of Impact Fee Analysis /Report 1 Attendance of Public Hearing 1 Total Number of Meetings 4 K \1179 City of Clermont\ RevIsedClemiontlmpactFeeLetterAgree Rv -2 (2) docxB-3 ADDITIONAL SERVICES During the course of the study, the City may request additional services from PRMG. Such services will not be conducted until authorized by the City as mutually agreed between the City and PRMG. The City will be billed for such additional services based on the hourly rate schedule of PRMG's employees as shown in this Proposal or some other basis as mutually agreed between the City and PRMG. Although no additional services are anticipated for this engagement, examples of additional services may include the following: 1. Attendance of additional meetings above what is contemplated in the scope of services. 2. Performance of other rate and impact fee analyses in addition to those being reviewed pursuant to the scope of services for this engagement. 3. Providing general consulting services relating to meeting with third parties regarding the derivation of the fees, providing litigation support services in the event of a challenge of the fees, and other related issues not contemplated in the above scope of services. 4. Delays in the project schedule that would affect the budget for the scope of services reflected herein. K \1179 City of Clermont\ RevisedClermon llmpactFeeLetlerAgree Rv -2 (2) docxB -4 PUBLIC RESOURCES MANAGEMENT GROUP, INC. ATTACHMENT C STANDARD TERMS AND CONDITIONS I SCOPE V INDEMNIFICATION Public Resources Management Group, Inc. (PRMG) PRMG agrees to indemnify, defend, and hold Client agrees to perform the professional consulting services harmless from and against any liability ansmg out of described m the agreement (the "Work ") that the negligent errors or negligent omissions of PRMG, incorporates these standard terms and conditions. its agents, employees, or representatives, m the Unless modified in writing by the parties hereto, the performance of duties set forth in Article I duties of PRMG shall not be construed to exceed Regardless of any other term of this Agreement, in no those services specifically set forth in the agreement. event shall PRMG be responsible' or liable to Client These terms and conditions and the agreement, when for any incidental, consequential, or other indirect executed by the Client, shall constitute a binding damages agreement on both parties (hereinafter after the "Agreement ") To the extent provided by law and without waiving any sovereign immunity client may enjoy, client agrees to indemnify, defend, and hold PRMG II COMPENSATION harmless from and against any liability ansmg out of The Client, as defined m the agreement, agrees to pay the negligent errors or negligent omissions of Client, for the services as billed within thirty (30) days of its agents, employees, or representatives, m the receiving the invoice. Amounts paid after thirty (30) Performance of duties set forth in Article I days may be subject to interest charges, not to exceed a monthly compound rate of one percent (1 0 %) VI INSURANCE applied to the delinquent unpaid balance PRMG shall maintain during the life of the agreement Time- related charges will be made m accordance with the following minimum insurance• the billing rate referenced in the agreement. Other indirect expenses and subcontractor services, if any, 1 Commercial general liability insurance, including will be billed m accordance with the standard unit cost hired and non -owned automobiles, with the rates as referenced m the agreement or if no reference following limits• is provided, at the actual cost as incurred by PRMG Each Occurrence $1,000,000 Damage to Rented Premises III RESPONSIBILITY (Each Occurrence) $500,000 PRMG is employed to render a professional service Medical Expense (Any one person) $5,000 only, and any payments made by Client are Personal and Advertising Injury $1,000,000 compensation solely for such services rendered and General Aggregate $2,000,000 Products — Completed/Operation recommendations made m carrying out the Work. General Aggregate $2,000,000 PRMG shall perform analyses, provide opinions, make factual presentations, and provide professional 2 Statutory worker's compensation and employers' advice and recommendations. PRMG does not liability insurance as required by state law. expressly warrant or guarantee its services. 3 Professional liability insurance at a lirmt of IV RELIANCE UPON INFORMATION liability of not less than $2,000,000 aggregate. PROVIDED BY OTHERS If PRMG's performance of services hereunder VII SUBCONTRACTS requires PRMG to rely on information provided by PRMG shall not subcontract any portion of the work other parties (excepting PRMG's subcontractors), to be performed under this Agreement without prior PRMG shall not independently verify the validity, wntten consent of Client completeness or accuracy of such information unless otherwise expressly engaged to do so in writing by Client. K \1179 City of Clermont\ RevisedClermon tlmpactFeeLetterAgree Rv -2 (2) docxC— 1 PUBLIC RESOURCES MANAGEMENT GROUP, INC. ATTACHMENT C STANDARD TERMS AND CONDITIONS VIII. ASSIGNMENT These terms and conditions and the agreement to XIV WORK PRODUCT which they are attached are binding on the heirs, PRMG and Client recognize that PRMG's Work successors, and assigns of the parties hereto. This product submitted in performance of this Agreement agreement may not be assigned by Client or PRMG is intended only for the Client's benefit and use without prior, written consent of the other Change, alternation, or reuse on another project by Client shall be at Client's sole risk, and Client shall IX INTEGRATION hold harmless and indemnify PRMG against all losses, damages, costs and expense, including attorneys' fees, These terms and conditions and the agreement to arising out of or related to any such unauthorized which they are attached represent the entire change, alternation or reuse. understanding of Client and PRMG as to those matters contained herein No prior oral or written understanding shall be of any force or effect with XV. SUSPENSION OF WORK respect to those matters covered herein The Client may suspend, in wnting, all or a portion of the agreement may not be modified or altered except in Work under the agreement in the event unforeseen wnting signed by both parties circumstances beyond Client's control make normal progress of the Work impossible. PRMG may request X. JURISDICTION that the Work be suspended by notifying Client, in wnting, of circumstances that are mterfering with the This agreement shall be administered and interpreted normal progress of Work PRMG may suspend Work under the laws of the State of Florida Jurisdiction of on the project m the event Client does not pay litigation arising from the agreement shall be in that invoices when due without justification PRMG shall state Venue for any action arising hereunder shall be be compensated for its reasonable expenses resulting exclusively in Lake County, FL from suspension due to nonpayment by Client including mobilization and de- mobilization The time for completion of the Work shall be extended by the XI SEVERABILITY number of days Work is suspended In the event that If any part of the Agreement is found unenforceable the period of suspension exceeds 90 days, the terms of under applicable laws, such part shall be inoperative, the agreement are subject to renegotiation and both null and voice insofar as it is in conflict with said parties are granted the option to terminate Work on laws, but the remainder of the Agreement shall be in the suspended portion of the project full force and effect XVI TERMINATION OF WORK XII FORCE MAJEURE Client may terminate all or a portion of the Work PRMG shall not be responsible for delays in covered by the agreement for its convemence Either performing the scope of services that may result from party may terminate Work if the other party fails to causes beyond the reasonable control or contemplation perform in accordance with the provisions of the of PRMG. PRMG will take reasonable steps to agreement. Termination of the agreement is mitigate the impact of any force majeure. accomplished by 15 days pnor written notice from the party initiating termination to the other. Notice of - termination shall be delivered by certified mail with receipt for delivery returned to the sender XIII. NO BENEFIT FOR THIRD PARTIES The services to be performed by PRMG hereunder are This agreement may be terminated by PRMG a) for intended solely for the benefit of Client, and neither cause, if Client breaches this Agreement through no right nor benefit is conferred on, nor any contractual fault of PRMG and Client neither cures such material relationship intended or established with any person or breach nor makes reasonable progress toward cure within 15 days after PRMG has given written notice entity not a party to this Agreement No such person of the alleged breach to Client, or b) upon five days or entity shall be entitled to rely on PRMG's notice if Work under this Agreement has been performance of its services hereunder. K \1179 City of Clermont\ RevisedClermon tlmpactFeeLetterAgree Rv -2 (2) docxC-2 • PUBLIC RESOURCES MANAGEMENT GROUP, INC. - ATTACHMENT C STANDARD TERMS AND CONDITIONS , suspended by either Client or PRMG in the aggregate , for more than mnety (90) days , In the event of termination, by Client without cause and with prior written request by Client, PRMG shall perform such additional Work as is necessary for the orderly filing of documents and closing of the project The time spent on such additional Work shall not L exceed five percent (5 %) of the time expended on the - . terminated portion of the project prior to the effective date of termination. PRMG shall be compensated by , the client for Work actually performed prior to the effective date of termination plus the Work required for filing and closing as descnbed m this Article as _ authorized by Client , ' XVII. MEDIATION , Prior to mitiatmg any proceeding of any kind to _ enforce any claim, dispute or question between the parties, each party agrees to participate m non - binding mediation with a mediator as agreed upon by the parties The cost of the mediation shall be bourne - equally by both parties and shall be conducted in Lake County, Florida. , XVIII NOTICES All notices required under this Agreement shall be by personal delivery, facsimile or mail to the PRMG Project Manger and , to the person signing the Agreement on behalf of the Client, and shall be effective upon delivery to the addressed stated in the . Agreement. XVIII PUBLIC RECORDS ` - PRMG acknowledges that Client is subject to compliance with Florida's Public Records Law and therefore, PRMG agrees to at all times hereunder - comply with said law to the extent that any documents , created hereunder or related to this Agreement are public records - ' - - K \1 179 City of Clermont\ RevisedClermontlmpactFeeLetterAgree Rv -2 (2) docxC-3 -