2015-02 COMPREHENSIVE FEE STUDY CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT,made thisc2 7Tµday of G_h t""`r J 2015,between the City
of Clermont, a Municipal Corporation of the State of Florida, (hereinafter referred to as the
"CITY") and TINDALE-OLIVER&ASSOCIATES, INC., a Flonda Corporation, whose address is
1000 N. Ashley Drive, Suite 400,Tampa, FL 33602 (hereinafter referred to as "CONSULTANT").
NOW THEREFORE, in consideration of the covenants, representations and agreements herein
contained,the parties agree as follows:
1. SCOPE OF SERVICES: The CONSULTANT shall furnish all labor, materials,
equipment, transportation and perform all of the work described in the bid documents and
specifications for non-utility fees contained in CITY's RFP NO. 14-025 Comprehensive Fee
Study Consultant and CONSULTANT'S May 29, 2014 response thereto, all of which is
incorporated and made a part hereof and shall do everything required by this Agreement. To the
extent of a conflict between the Contract documents the following pnority shall prevail:
1. This Agreement;
2. RFP No.: 14-025; and
3. CONSULTANT'S May 29, 2014 response.
2. COMPENSATION SCHEDULE: The CITY agrees to and does engage CONSULTANT
to perform the professional services for compensation described herein and as set forth in Exhibit
"A"attached hereto and incorporated herein and the parties do further agree:
a. As a condition precedent to receiving payment, CONSULTANT shall have been authorized
to proceed by CITY for the specific phase, shall not be in default of any of the terms and
conditions of this Agreement and shall provide to CITY an invoice.
b. CITY shall pay all valid, approved and undisputed invoices as set forth in Exhibit "A"
within thirty (30) days of receipt from CONSULTANT. In the event that CITY disputes
any invoice submitted, it shall advise CONSULTANT in writing and said invoice shall not
be deemed due and payable under this agreement. Neither the CITY's review approval or
acceptance of, nor payment for, any services provided hereunder shall be construed to
operate as a waiver,of any rights under this Agreement and the CONSULTANT shall be
liable to CITY for any and all damages to CITY caused by the CONSULTANT's negligent
or wrongful performance of any of the services furnished under this Agreement.
c. CONSULTANT agrees to assign competent professionals to perform the assigned
responsibilities and duties faithfully, intelligently, and to the best of their ability, and in the
best interest of CITY during the term of this Agreement. All services provided shall be
performed in accordance with this Agreement and with any and all applicable law,
professional standards and guidelines. CITY may request CONSULTANT to make
changes in the scope of services or make revisions to the work performed. Any changes or
revisions requested by CITY that are not due to consultant error, omission or negligence
will be incorporated into the scope of services by written amendment to this agreement and
the consultant may be entitled to additional compensation upon the agreement of the parties.
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2. AUTHORIZATION TO PROVIDE,AND MILESTONES FOR SERVICES:
CONSULTANT shall not be authorized to provide any services as set forth above until such time as
CONSULTANT has received specific authonzation from the City Manager, or his designee.
Thereafter, CONSULTANT shall perform the services contemplated herein to the satisfaction of
CITY in accordance with the Milestone Schedule attached hereto and incorporated herein as
Exhibit"B".
3. TERM. This Agreement shall take effect when executed by both parties and shall
continue, until such time as the Scope of Services provided above is completed or the agreement is
terminated as provided in Section 4 below.
4. TERMINATION.
a. The non-breaching party upon breach of the terms and conditions contained herein
may terminate this Agreement.
b. Additionally, CITY shall have the nght to terminate the agreement, for any reason,
upon thirty (30) days written notice to the CONSULTANT. In the event of termination by the
CITY pursuant to this section 4b, CONSULTANT shall be compensated in accordance with the
services completed and accepted, as of the date of the termination and as set forth in the Scope of
Services
5. RESPONSIBILITIES OF CONSULTANT. In addition to all other responsibilities
provided herein, CONSULTANT expressly understands and agrees that, through the above-
referenced assigned personnel, it shall perform all of the services required in the Scope of Services,
and further agrees as follows:
a. CONSULTANT may retain subcontractors to provide any of the services
contemplated herein. Said subcontractors shall be used at the sole expense of CONSULTANT,
under the direct supervision of CONSULTANT and with the prior written approval of CITY.
b. CONSULTANT expressly acknowledges that any and all documents, logos,
marketing and advertising material, plans, designs, reports, and,specifications related to the project
and acquired or created by CONSULTANT shall remain, at all times the property of CITY and
CONSULTANT. CONSULTANT, therefore, shall preserve and maintain said records and shall
immediately provide copies of them to CITY upon termination of this Agreement.
6. RESPONSIBILITIES OF CITY. The City shall provide full information, as reasonably
directed by CONSULTANT,regarding the requirements of the project.
7. AUTHORIZED REPRESENTATIVE OF THE CITY. During the term of this
Agreement, the City Manager shall be the designated representative authorized to act on behalf of
the CITY, as provided by law,with respect to the project.
8. INSURANCE PROVIDED BY CONSULTANT.
a. Workers Compensation. CONSULTANT agrees to pay for and maintain in full
force and affect all applicable workers compensation insurance as required by Federal and Florida
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Law.
b. Comprehensive Automobile Liability. CONSULTANT agrees to pay for and
maintain in full force and effect at all times during the term of this Agreement, bodily injury and
property damage liability`insurance. The limits of said policies shall be in an amount approved by
the CITY.
c. Proof of Insurance. Upon CITY's request, CONSULTANT agrees to provide to
CITY reasonable proof of the aforementioned policies of insurance, or certificates of the issuance
thereof, as evidence of the compliance by the CONSULTANT with the terms and provisions
-contained herein.
d. Loss of Insurance. If during the period which an insurance company is providing the
coverage required by this Agreement, an insurance company shall: 1) lose its Certificate of
Authority, 2) no longer comply with any applicable Florida Law, or 3) fail to maintain the Best
Rating and Financial Size Category, CONSULTANT shall, as soon as it has knowledge of any such
circumstance, immediately notify CITY and immediately replace the insurance coverage provided
by the insurance company with a different insurance company meeting the requirements of this
Agreement. Until the CONSULTANT has replaced the unacceptable insurer with an insurer
acceptable to CITY,the CONSULTANT shall be deemed in default of this Agreement.
d. Insurance Coverage Not Limitation of Liability. The maintenance of insurance
coverage as provided ,herein ,shall not be construed to limit or have the effect of limiting
CONSULTANT's liability to CITY under the provision of any clause or paragraph contained in this
Agreement.
9. INDEMNIFICATION. CONSULTANT agrees to hold harmless and indemnify,
including attorney fees, CITY, its officers, employees and agents against any and all claims, losses,
damages_or lawsuits for damages, arising from or related to negligent acts, errors or omissions of
the CONSULTANT.
10. INDEPENDENT CONTRACTOR. The parties agree that at all times and for all
purposes within the scope of this Agreement, the relationship of CONSULTANT and CITY is that
of an independent contractor.
11. FORCE MAJEURE. With regard to the performance hereunder, CONSULTANT shall
not be deemed to be in default of this agreement, or have to failed t6 comply with any term or
conditions herein if, for reasons beyond CONSULTANT's reasonable control (including, without
limitation, acts of God, natural disaster, labor unrest, war, declared or undeclared, the existence of
injunctions or requirements for obtaining licenses, permits or other compliance with applicable
laws, rules and regulations), such performance is not reasonably possible within such time periods,
then the time for such performance shall be extended until removal of such reasons beyond
CONSULTANT's reasonable control,provided that CONSULTANT commences such performance
as soon as reasonably possible and diligently pursues such performance.
12. NOTICES. All notices shall be in writing and sent by United States mail, certified or
registered, with return receipt requested and postage prepaid, or by nationally recognized overnight
courier service to the address of the party set forth below. Any such notice shall be deemed given
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when received by the party to whom it is intended.
CONSULTANT: Tindale-Oliver&Associates, Inc.
1000 N. Ashley Drive
Suite 400
Tampa,FL 33602
Attn.: Steven A. Tindale, Chief Executive Officer
CITY: Darren Gray, City Manager
City of Clermont
685 W. Montrose Street
Clermont,FL 34711
13. PROHIBITION AGAINST CONTINGENT FEES.
CONSULTANT warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for CONSULTANT, to solicit or secure this agreement and that
it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee/contractor working solely for CONSULTANT any fee, commission,
percentage, gift or other consideration contingent upon or resulting from the award of making of
this agreement. For breach or violation of this provision, in addition to any and all remedies
available to CITY, CITY shall have the right to terminate this agreement without liability and to
deduct from the contract price, or otherwise recover, the full amount of such fee, commission,
percentage, gift or consideration.
14. GENERAL PROVISIONS.
a. Assignment and Disclosure of Intellectual Property. All original works of
authorship that are made by the CONSULTANT or its representatives (solely or jointly with
others), within the scope of, those described as works for hire and during the period of CITY'S
agreement with the CONSULTANT and that are protectable by copyright as that term is defined
in the United States Copyright Act and that the CONSULTANT will be considered the author
thereof and shall have expressly authorized the use thereof by CITY for all purposes consistent
with this Agreement.
b. Pre-suit Mediation. Prior to, and as a condition precedent to the commencement of
any lawsuit or administrative proceeding to resolve any disputes arising out of this Agreement the
parties agree that the dispute first shall be summited to non-binding mediation for a minimum of
eight hours before a business mediation organization approved by the parties. Such mediation shall
be held at the CITY's offices at the address set forth in this Agreement. The part shall bear the
costs of the mediation equally.
c. Waiver. The waiver by CITY of breach of any provision of this Agreement shall
not be construed or operate as a waiver of any subsequent breach of such provision or of such
provision itself and shall in no way affect the enforcement of any other provisions of this
Agreement.
d. Severability. If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof,
shall be deleted or modified in such a manner as to make the Agreement valid and enforceable
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under applicable law, the remainder of this Agreement and the application of such a provision to
other persons or circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
e. Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
f. Entire Agreement. This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all prior and
contemporaneous agreements between the parties with respect to the performance of services by
CONSULTANT.
g. Assignment. This Agreement is personal to the parties hereto and may not be
assigned by CONSULTANT, in whole or in part,without the prior wntten consent of CITY.
h. Venue._ The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
i. ' Applicable Law. This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and enforced in
accordance with the laws of the State of Florida.
j. Records. CONSULTANT expressly understands and acknowledges that any and all
documents related to the services provided herein, may be considered records that are subject to
examination and production in accordance with Florida's Public Records Law. In accordance
therewith CONSULTANT agrees to act as follows:
1. Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated
herein.
2. Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records Law or
as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as
authorized by law.
4. Meet all requirements for retaining public records and transfer, at no cost,
to the public agency all public records in possession of the
CONSULTANT upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored
electronically must be provided to the CITY in a format that is compatible
with the information technology systems of the public agency.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this cR 7- ay
of .fah.tL(1.ry ,2015.
CitAof rmont Tindale- liver&Associates, Inc.
./ , /
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J
Gail L. Ash, Mayor Steven A. Tindale, Chief Executive Officer
Date: a 7) a o 15 Date: ructe 3.) 0)C
Attest: / / test:
, �\ MP , , ...- •
_Tracy Ackroyd, City Clerk e l P. ' t . -,I A etpy�}if/4SSISIa ch
Prin ame and Tit
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EXHIBIT A
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EXHIBIT B
SECTION — B
STATEMENT OF WORK
The City of Clermont is seeking proposals to engage the services of a qualified firm(s)
experienced in cost recovery and economic analysis to conduct a study of the costs
associated with fees charged by various departments which may include, Planning &
Zoning, Police, City Clerk, Parks and Recreation, Utility Billing, and Environmental
Services. The work shall be composed of two tasks, first task shall include a study on
non-utility fees and the second task shall include a study for utility fees (see Section K).
Each task shall be priced separately and broken down by department. Respondents
may submit a proposal for either task or both based on their field of expertise and
experience.
The primary objective for the study is to have an updated cost-based fee study
prepared. The study will calculate the full 100% cost of providing the services for which
the fees are'charged and provide a recommendation as to the amount each fee should
be for each applicable service
The selected firm(s) shall recommend cost recovery strategies and identify best
practices in determining the amount of the fees. These strategies should take into
consideration the complexities and demands of each department The firm(s) shall
consult with the department director(s) to assist in the development of policy in regards
to the financials variable included in the model for determining fees. The selected
firm(s) shall provide thorough analysis, develop fee models and provide
recommendations as to what the fees should be
1 — PROJECT TASKS
Project tasks shall include, but not necessarily limited to, the tasks detailed below If the
firm thinks that additional tasks are warranted, those tasks must be clearly identified in
the firm's proposal.
The selected firm(s) shall conduct a review of the City's current fees, Policies and
Ordinances with the goal of establishing a consistent and-objective fee structure. The
fees shall comply with all applicable laws and regulations.
The following are the specific tasks which need to be completed:
a. Work and meet with the City's Department Directors and staff to refine project
scope, purpose, uses and goals of the fee study to ensure that the study will be
both accurate and appropriate. Review the project schedule and answer any
questions pertaining to the successful development of the study.
b. Meet with staff from each applicable department and conduct interviews as
needed to gain an understanding of the department processes and operations
and to fully understand what costs are associated with the fees. Relevant
RFP No 14-025
Page 8 of 33
SECTION — B
STATEMENT OF WORK
comments or concerns from the department staff should be included in the draft
phase of the report for discussion with management
c. Identify the total service cost, which includes all labor, materials and overhead, of
providing each service associated with a respective fee and in a manner that is
consistent with all applicable laws, statutes, rules and regulations governing the
collection of each particular fee.
d Review existing summary of fees listed in Section K, as well as City Policies and
Ordinances .to determine the necessary and appropriate cost recovery for each
department.
e. Recommend the amount of each fee, at full cost recovery, for each service
provide based upon the firm's analysis Provide the department with a
methodology and a model for future calculation ofthefees to update such fees in
the future
f Prepare a written draft report on the fee recommendations and conclusions If
necessary and requested, assist the department in presenting this report to the
City Council-and-other City staff.
g The report should include the following
I. Identify each fee and the current cost recovery levels for each fee.
ii. Identify the labor, the material, and the overhead cost for each service.
iii. Recommend changes to present fees (if applicable).
iv. Propose new fee amounts (if applicable)
v. Identify the cost recovery percentage of all proposed fees.
vi Identify the revenue impact of all proposed changes to the fees.
h. The report should also include a comparison of the identified fees with other
similarly sized Cities or-Counties for information. The firm will work with the City
to determine comparison_governmental entities.
i. The firm should also include in the report other matters that come to their
attention in the course of the evaluation that, in the firm's professional opinion,
the City should consider.
j. Prepare a final report, and provide six (6) bound copies (or as needed) and a
single PDF file of the plan that can be made available to the City.
RFP No 14-025
Page 9 of 33
SECTION — B
STATEMENT OF WORK
k Provide the City with an electronic copy of the final version of the report,
including related schedules and cost documentation in a format that can be
edited and updated by the City
I. Consult with City°staff and/or the City Council to discuss the fee methodology if
necessary
END OF SECTION — B
RFP No 14-025
Page 10 of 33
SECTION — K
FEE SUMMARY
The list of fees includes, but is not limited to, the following
City Clerk • Document duplication fees
Non-Utility Fees —Task 1 • Cemetery fees
• Records filing fees
Parks and Recreation • Park rental fees
Non-Utility Fees —Task 1 • Sports league fees
• Sports facility use fees
Police • Off duty detail
Non-Utility Fees —Task 1 • Alarm response fee
• Finger prints
• Report copies
• Parking tickets
Planning & Zoning • Administrative fees
Non-Utility Rates —Task 1 • Residential /commercial permit fees
• Reinspection fees
• Permit renewal fees
• Work without permit penalty fee
• Site plan review fee
• Conditional use permit application fee
• Rezoning application fee
• Variance application fee
• Right-of-way closing application fee
• Subdivision plat review
• Fire inspection and review fees
Environmental Services • Utility service disconnect fee
Utility Fees —Task 2 • Utility service reconnect fee
• Late payment fee
• Backflow testing/repair fee
• Water service fee
• Wastewater service fee
RFP No 14-025
Page 32 of 33
SECTION — K
FEE SUMMARY
• Sanitation service fee
• Stormwater service fee
• Reclaimed water service fee
• Utility tamper fee
• Meter installation fee
• Return check fee
• New account service fee
* A detailed list of fees and pertinent policies and ordinances will be provided upon
request.
RFP No 14-025
Page 33 of 33