Contract 2021-086ADocuSign Envelope ID: 06E2D068-2011-4C19-905F-AD9B02C4346C #2021-086-A
AGREEMENT NO. 2021-086 FOR
COMPREHENSIVE FEE STUDY SERVICES
THIS AGREEMENT, is made and entered into this 12th day of November
2021, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont,
Florida, (hereinafter referred to as "OWNER"), and WILLDAN FINANCIAL SERVICES,
INC., whose address is: 200 South Orange Ave., Suite 1550, Orlando, FL 32801,
(hereinafter referred to as "CONTRACTOR").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE 1— SCOPE OF WORK
The CONTRACTOR shall furnish all labor, materials, equipment, tools and transportation
and perform all of the work described in the specifications entitled:
RFP NO.21-013 titled Comprehensive Fee Study;
as prepared by Owner and its agents and shall do everything required by this Contract and
the other Contract Documents contained in the specifications, which are a part of these
Documents.
ARTICLE 2 — THE CONTRACT SUM
The OWNER shall pay to the CONTRACTOR, for the faithful performance of the
Contract, in lawful tender of the United States, and subject to addition and deductions as
provided in the Contract Documents, the Fee Schedule, attached hereto and incorporated
herein as Exhibit "A". The total contract sum shall not exceed FOURTEEN THOUSAND
FORTY-FIVE DOLLARS ($14,045).
ARTICLE 3 — COMMENCEMENT AND COMPLETION OF WORK
3.1. The CONTRACTOR shall commence work within Ten (10) calendar days after
receipt of (i) Notice to Proceed or Purchase Order, and the CONTRACTOR will
complete the same within ONE HUNDRED TWENTY (120) Calendar Days,
unless the period for completion is extended otherwise by the CONTRACT
DOCUMENTS.
3.2. The CONTRACTOR shall prosecute the work with faithfulness and diligence.
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ARTICLE 4 — PARTIAL AND FINAL PAYMENTS
In accordance with the provisions fully set forth in the General Conditions, and subject to
additions and deductions as provided, the OWNER shall pay the CONTRACTOR as
follows:
4.1. CONTRACTOR shall submit a progress payment request by the third (3rd) day of
each calendar month for work performed during the preceding calendar month.
Upon CONTRACTOR's signature accepting the PARTIAL PAYMENT
AUTHORIZATION, the Owner shall make a partial payment to the
CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified
and approved estimate by the OWNER and the Engineer, for work performed
during the preceding calendar month under the Contract. To insure proper
performance of the Contract, the OWNER shall retain ten percent (10%) of the
amount of each estimate until final completion and acceptance of all work covered
by the Contract.
4.2. Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER
that all payrolls, material bills and other costs incurred by the CONTRACTOR in
connection with the construction of the work have been paid in full, and also, after
all guarantees that may be required in the Specifications have been furnished and
are found acceptable by the OWNER, final payment on account of this Agreement
shall be made within thirty (30) calendar days after completion of all work by the
CONTRACTOR covered by this Agreement and acceptance of such work by the
OWNER.
ARTICLE 5 — DISPUTE RESOLUTION - MEDIATION
5.1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
5.2. The Owner and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
5.3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in the place where the Project is located, unless another location is
mutually agreed upon. Agreements reached in mediation shall be enforceable as
settlement Agreements in any court having jurisdiction thereof.
ARTICLE 6 — INSURANCE AND INDEMNIFICATION RIDER
6.1. Worker's Compensation Insurance — The CONTRACTOR shall take out and
maintain during the life of this Agreement, Worker's Compensation Insurance for
all its employees connected with the work of this Project and, in case any work is
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sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to
provide Worker's Compensation Insurance for all of the subCONTRACTOR
employees unless such employees are covered by the protection afforded by the
CONTRACTOR. Such insurance shall comply with the Florida Worker's
Compensation Law. In case any class of employees engaged in hazardous work
under this Agreement at the site of the Project is not protected under the Worker's
Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
6.2. CONTRACTOR's Commercial General Liability Insurance — The
CONTRACTOR shall take out and maintain during the life of this Agreement,
Commercial General Liability and Business Automobile Liability Insurance as
shall protect it from claims for damage for personal injury, including accidental
death, as well as claims for property damages which may arise from operating under
this Agreement whether such operations are by itself or by anyone directly or
indirectly employed by it, and the amount of such insurance shall be as follows:
(a) CONTRACTOR's Commercial General Liability, $1,000,000 Each,
($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, &
Property Damage Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each, Bodily Injury &
Property Damage Occurrence, Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall
be amended to provide coverage on an occurrence basis.
6.3. Indemnification Rider
(a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify
and hold harmless the CITY and its employees from and against all claims,
damages, losses and expenses, including but not limited to reasonable
attorney's fees, arising out of or resulting from its performance of the Work,
provided that any such claim, damage, loss or expense (1) is attributable to
bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than the Work itself) , and (2) is caused in whole or
in part by any negligent act or omission of the CONTRACTOR, any
subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, regardless of whether or
not such acts are caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any
other right to obligation of indemnity which would otherwise exist as to any
party or person described in this Article; however, this indemnification does
not include the sole acts of negligence, damage or losses caused by the
CITY and its other contractors.
DocuSign Envelope ID: 06E2D068-2011-4C19-905F-AD9B02C4346C
(b) In any and all claims against the CITY or any of its agents or employees by
any employee of the CONTRACTOR, any subcontractor, anyone directly
or indirectly employed by any of them or anyone for whose acts any of them
may be liable, the indemnification obligations under this Paragraph shall
not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the CONTRACTOR
or any subcontractor under workers' or workmen's compensation acts,
disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other
good and valuable consideration from the CITY for the indemnification
provided herein.
ARTICLE 7 — 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
when received by the party to whom it is intended.
CONTRACTOR: Willdan Financial Services
200 South Orange Ave., Suite 1550
Orlando, FL 32801
Attn: Chris Fisher, Vice President
OWNER. City of Clermont
Attn: Scott Davidoff, Interim City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE 8 — MISCELLANEOUS
8.1. Attorneys' Fees — In the event a suit or action is instituted to enforce or interpret
any provision of this Agreement, the prevailing party shall be entitled to recover
such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any
appeal, in addition to all other sums provided by law.
8.2. 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.
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8.3. 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 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.
8.4. 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.
8.5. Entire A eement — 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 CONTRACTOR.
8.6. Assignment — Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
8.7. 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.
8.8. 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.
8.9. Public Records — Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) 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.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
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termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically must be provided to the CITY in a format that
is compatible with the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE 9 — CONTRACT DOCUMENTS
The Contract Documents, as stated in the Instructions to Bidders and herein made a part,
are as fully a part of this Contract as if herein repeated.
Document Precedence:
11.1. Contract Agreement
11.2. All documents contained in RFP No.: 21-013 titled Comprehensive Fee Study and
CONTRACTOR's response thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 12th day of November _ , 2021.
CITY OF CLERMONT
4ocuBigned by:
r4u
4D
31F570413554D6...
Freddy Suarez,
ATTEST:
E Docu3lgned by:
Aa,,-,�c Elawt
3AD7F34905B344A...
Services Director
Tracy Ackroyd Howe, ity Clerk
6
DocuSign Envelope ID: 06E2D068-2011-4C19-905F-AD9B02C4346C
WILLDAN FINANCIAL SERVICES, INC.
[Docuftned by:
FIS6-r
By:. 4EC38735A5334A5...
(Signature)
Print Name: Chris Fisher
Title: Vice President
Date: 11/11/2021
DocuSign Envelope ID: 06E2D068-2011-4C19-905F-AD9B02C4346C—XHIBIT A
SECTION — B
STATEMENT OF WORK
The City of Clermont is seeking proposals to engage the services of a qualified firm
experienced in cost recovery and economic analysis to conduct a study of the costs
associated with fees charged by the Building Services Department which include, Building
Services Fees and Fire Review and Inspection Services as described in Section K of this
solicitation.
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 Director(s) 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 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 comments or concerns from the department
staff should be included in the draft phase of the report for discussion with
management.
RFP No: 21-013
Page 9 of 38
DocuSign Envelope ID: 06E2D068-2011-4C19-905F-AD9B02C4346C
SECTION — B
STATEMENT OF WORK
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 of the fees 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.
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.
RFP No: 21-013
Page 10 of 38
DocuSign Envelope ID: 06E2D068-2011-4C19-905F-AD9B02C4346C
SECTION — B
STATEMENT OF WORK
I. Consult with City staff and/or the City Council to discuss the fee methodology if
necessary.
END OF SECTION — B
RFP No: 21-013
Page 11 of 38
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City ot Clermont,
Cost of Services
Building Services/Permitting Fees
Willdan proposes a total not -to -exceed fixed fee of $10,295 for the Building Department User
Fee Study engagement, based on the fees outlined in the City's Request for Proposal.
Minor Site Plan Revision Fees
Willdan proposes a total not -to -exceed fixed fee of $3,750 to review fees for Minor Site Plan
Revision Fees.
Notes
The cost of preparing the Fee Study can be included in the resulting new fee schedule(s).
Therefore, over time, the City can recover the initial outlay of funds that was required to
complete this study.
Our fee includes all direct expenses associated with the project.
We will invoice the City monthly based on percentage of project completed.
Additional services may be authorized by the City and will be billed at our then -current hourly
overhead consulting rates.
City shall reimburse Willdan for any costs Willdan incurs, including without limitation, copying
costs, digitizing costs, travel expenses, employee time and attorneys' fees, to respond to the
legal process of any governmental agency relating to City or relating to the project.
Reimbursement shall be at Willdan 's rates in effect at the time of such response.
Hourly Fee Schedule
Our current hourly rates are listed below.
Group Manager Chris Fisher
$250
Managing Principal
$240
Principal Consultant Bob Quaid
$210
Senior Project Manager Tony Thrasher
$185
Project Manager
$165
Senior Project Analyst
$135
Senior Analyst Priti Patel
$125
Analyst II
$110
Analyst 1
$100
WILLDAN Comprehensive Fee Study 21
Signature Page
SECTION — J
SIGNATURE PAGE
By signing this section the respondent certifies that:
1. It satisfies all legal requirements (as an entity) to do business with the City.
2. The undersigned respondent acknowledges that award of a contract may be
contingent upon a determination by the City and that the respondent has the
capacity and capability to successfully perform the contract.
3. The proposer hereby certifies that it understands all requirements of this
solicitation, and that the undersigned individual is duly authorized to execute this
proposal document and any contract(s) and/or other transactions required by
award of this solicitation.
Purchasing Agreements with Other Government Agencies
This section is optional and will not affect contract award. If the City of Clermont awarded
your company, would your company sell under the same terms and conditions, for the
same price, to other governmental agencies in the State of Florida? Each governmental
agency desiring to accept to utilize this contract shall be responsible for its ownpurchases
and shall be liable only for materials or services ordered and received by it. M✓ Yes ❑
No (Check one)
By signing below, the respondent agrees to all terms, conditions, and specifications as stated in this solicitation, and is
acting in an authorized capacity to execute this response. The respondent also certifies that it can and will provide and
make available, at a minimum, the items set forth in this solicitation.
Company Name (print): Wlldan Financial Services
Street Address: 200 South Orange Ste 1550, Orlando Florida 32801
Mailing Address (if different):
Telephone: 800-755-6864
Email: CFisher@Willdan.com
Fax:888-326-6864
Payment Terms: 0 960 days, net 30
FEIN: 33 _ 0302345 Professional. License No.:
Signature: Chris Date: September 13 2021
Print Name: Chris Fisher
Title: Vice President
Does the respondent accept payment using the City s MASTERCARD?
Page 1 of 1
y1l W I LLDAN
Comprehensive Fee Study 32