Contract 2022-046ADocuSign Envelope ID: C3B96F75-9873-4993-A7AA-BC3CE18CCE6D
AGREEMENT NO. 2022-046 FOR
IMPACT FEE STUDY
THIS AGREEMENT, is made and entered into this 14 day of June
2022, 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 RAFTELIS FINANCIAL
CONSULTANTS, INC., whose address is: 341 N. Maitland Avenue, Suite 300, Maitland,
FL 32751, (hereinafter referred to as "CONTRACTOR").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I — 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. 22-021 titled Impact 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 SIXTY THOUSAND
DOLLARS ($60,000).
ARTICLE 3 — COMMENCEMENT AND COMPLETION OF WORK
3.1. The CONTRACTOR shall commence work within Ten (10) calendar days after
receipt of (i) Purchase Order, and the CONTRACTOR will complete the same
within ONE HUNDRED SIXTY (160) 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.
DocuSign Envelope ID: C3B96F75-9873-4993-A7AA-BC3CE18CCE6D
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.
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(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: Raftelis Financial Consultants, Inc.
341 N. Maitland Avenue, Suite 300
Maitland, FL 32751
Attn: Henry L. Thomas, Vice President
OWNER: City of Clermont
Attn: Brian Bulthuis, 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 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 CONTRACTOR.
8.6. Assigningnt — 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.: 22-021 titled Impact Fee Study and
CONTRACTOR's response thereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this 14 day of June 2022
CITY OF CLERMONT
DocuSigned by:
26A7692F758C492... � DS
Tim Murry, Mayor
ATTEST:
DocuSigned by:
T�.�y
3AD7F34905B344A...
Tracy Ackroyd Howe,
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DocuSign Envelope ID: C3B96F75-9873-4993-A7AA-BC3CE18CCE6D
RAFTELIS FINANCIAL CONSULTANTS, INC.
DOCUSigned b
f wuy:
By: 'r, b, bw�a5
(Signature)
Print Name: Henry L. Thomas
Title: vice President
Date: 6/20/2022
DocuSign Envelope ID: C3B96F75-9873-4993-A7AA-BC3CE18CCE6D
EXHIBIT "A"
TAB I — COST OF SERVICES RAFTELIS 55
Cost of Services
The following table provides a breakdown of our proposed fee for this project. This table includes the estimated
level of effort required for completing each task and the hourly billing rates for our project team members.
Expenses also include costs associated with travel.
Hours
Total
Number
Fees &
Tasks
of
HT
SO
MG
MH
RO
Admin Total
Expenses
1. Prepare Data Request/ Kick-off
1
5
6
8
19
$3,886
Meeting
2. Review of Existing System
Development Fee Methods and Policy
1
2
2
5
$995
Review
3. Data Gathering and Review
1
8
12
21
$3,785
4. Service Area Forecast
2
8
16
2
28
$5,110
5. Cost Allocation (Up to Two
16
32
44
2
2
96
$18,740
Scenarios)
6 - 7. Design of Water, Wastewater,
and Municipal Impact Fees and Fee
1
8
12
32
2
1
55
$10,311
Comparisons
8 - 9. Update Impact Fee Ordinance
2
16
26
34
2
1
16 95
$17,172
and Presentation of Findings
Total Estimated Meetings / Hours
4
49
94
148
8
4
16 319
Hourly Billing Rate
$265
$215
$150
$230
$280
$85
Total Professional Fees
$12,985
$20,210
$22,200
$1,840
$1,120
$1,360 $59,715
HT - Henry Thomas
Total Fees
$59,715
SO - Shawn Ocasio
MG - Michelle Galvin
Total Expenses
$285
MH - Murray Hamilton
RO - Robert On
Total
Fees & Expenses
Admin -Administrative Staff