HomeMy WebLinkAbout2017-102PROFESSIONAL SERVICES AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND RAFTELIS
FINANCIAL CONSULTANTS, INC.
FOR
A WATER AND WASTEWATER IMPACT FEE STUDY
This Consulting Agreement ("Agreement") is entered into this l8day of July , 2017 (hereinafter referred
to as the Effective Date) by and between Indian River County, Florida (the "County" or "Client") and Raftelis
Financial Consultants, Inc., 227 W. Trade Street, Suite 1400, Charlotte, NC 28202 ("Raftelis" or "Consultant").
Witnesseth
WHEREAS, Consultant has substantial skill and experience in water and wastewater finance, management,
and pricing; and
WHEREAS, the Client desires to hire Raftelis, and Raftelis desires to provide services to the Client,
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree to the terms and conditions set forth herein.
Article 1. Statement of Work
Raftelis shall provide professional consulting services to prepare a utility rate study for the Client. Raftelis
will perform these services as set forth in more detail in Attachment A.
Article 2. Time for Completion
This Agreement will commence upon approval by the Client and remain in effect for a period of one year.
Further renewals of this Agreement are at the option of the Parties and shall be in writing.
Article 3. Compensation
Client shall pay to Raftelis the sum not to exceed Sixty -Five Thousand One Hundred Dollars ($65,100.00),
which includes professional fees and direct expenses incurred in performing the scope of services outlined in
Attachment A. This sum is based upon the scope of work contained herein at Raftelis' current standard hourly
rate schedule included in Attachment B. .
The Consultant shall invoice the Client upon the completion of each task or deliverable in accordance with
the Project Schedule, or on a monthly basis if the Project Schedule does not otherwise specify. The Client
shall pay Consultant in accordance with the Local Government Prompt Payment Act.
Article 4. Additional Services
At the Client's request, Raftelis may submit change orders or proposals for additional professional services.
Each change order or proposal submitted shall detail: (1) scope of work for the additional services, (2) period
of services to be performed, and (3) method and amount of compensation. The Client shall provide written
acceptance and authorization to Raftelis prior to the commencement of work on any proposed additional
services. Each change order or proposal for additional services accepted and approved by the Client shall
Page 1 of 6
become part of this Agreement and shall be governed by the terms and conditions contained in this
Agreement.
Article 5. Place of Performance
Raftelis shall be responsible for maintaining its own office facilities and will not be provided with either office
facilities or support by the Client.
Article 6. Indemnification
Raftelis hereby agrees to indemnify the Client, its commissioners, officers, employees, and agents and to hold
the Client, its commissioners, officers, employees, and agents harmless against any and all claims, action, or
demands against the Client, and against any and all damages for injury to or death of any person and for loss
of or damage to any and all property arising out of the negligent acts, errors or omissions of Raftelis under
this Agreement. Raftelis shall not be held responsible for any claims caused by the negligence of the Client.
Article 7. Insurance
Consultant shall maintain the types and levels of insurance during the life of this Agreement as specified
below. The Client will be named as additionally insured on the Raftelis' Certificates of Insurance, and Raftelis
will provide the Client with these Certificates of Insurance by July 28, 2017.
Commercial general liability insurance -$1,000,000 for each occurrence and $2,000,000 in the aggregate
Comprehensive automobile liability insurance -$1,000,000 combined single limit each occurrence
Workers Compensation insurance -Statutory limits
Professional liability insurance -$1,000,000 in the aggregate
Excess or Umbrella Liability -$3,000,000 in the aggregate
Article 8. Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. Raftelis shall comply with
Florida's Public Records Law. Specifically, the Contractor shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost
that does not exceed the cost provided in Chapter 119 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 for the duration of the
contract term and following completion of the contract if the contractor does not transfer the records
to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession
of the Contractor, or keep and maintain public records required by the County to perform the service.
Page 2 of 6
If the Contractor transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt, or confidential and exempt
from public records disclosure requirements. If the contractor keeps and maintains public records
upon completion of the contract, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the County, upon request from
the Custodian of Public Records, in a format that is compatible with the information technology
systems of the County.
B. IF RAFTELIS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
27th
18��1Street
Vero Beach, FL 32960
C. Failure of Raftelis to comply with these requirements shall be a material breach of this Agreement.
Article 9. Independent Contractor Status
It is understood and agreed that Raftelis will provide the services under this Agreement on a professional
basis as an independent Contractor and that during the performance of the services under this Agreement,
Raftelis' employees will not be considered employees of the Client within the meaning or the applications of
any federal, state, or local laws or regulations including, but not limited to, laws or regulations covering
unemployment insurance, old age benefits, worker's compensation, industrial accident, labor, or taxes of any
kind. Raftelis' employees shall not be entitled to benefits that may be afforded from time to time to Client
employees, including without limitation, vacation, holidays, sick leave, worker's compensation, and
unemployment insurance. Further, the Client shall not be responsible for withholding or paying any taxes or
social security on behalf of Raftelis' employees. Raftelis shall be fully responsible for any such withholding or
paying of taxes or social security.
Article 10. Reliance on Data
In performance of the servicesit is understood that the Client and others may supply Raftelis with certain
information or data, and that Raftelis will rely on such information. It is agreed that the accuracy of such
information is not within Raftelis' control, and Raftelis shall not be liable for its accuracy, nor for its
verification, except to the extent that such verification is expressly a part of Raftelis' scope of services.
Article 11. Opinions and Estimates
Raftelis' opinions, estimates, pnjections,andfnrecastsofcunentandfuiurecnsts revenues, other levels of
any sort, and events shall be made on the basis of available information and Raftelis' expertise and
qualifications as a professional. Raftelis does not warrant or guarantee that its opinions, estimates,
projections or forecasts of current and future levels and events will not vary from the Client's estimates or
forecasts or from actual outcomes. Raftelis identifies costs, allocates costs to customer classes and provides
rate models. It does not establish rates, which is the legislative responsibility of the Client.
Page 3 of 6
Article 12. No Consequential Damages
To the fullest extent permitted by law, neither party shall be liable to the other for any special, indirect,
consequential, punitive or exemplary damages resulting from the performance or non-performance of this
Agreement notwithstanding the fault, tort (including negligence), strict liability or other basis of legal liability
of the party so released or whose liability is so limited and shall extend to the officers, directors, employees,
licensors, agents, subcontractors, vendors and related entities of such party.
Article 13. Termination of Work
This Agreement may be terminated as follows:
1. By Client (a) for its convenience on 30 days' notice to Raftelis, or (b) for cause, if Raftelis materially
breaches this Agreement through no fault of Client, and Raftelis neither cures such material breach
nor makes reasonable progress toward cure within 15 days after Client has given written notice of
the alleged breach to Raftelis.
2. By Raftelis (a) for cause, if Client materially breaches this Agreement through no fault of Raftelis, and
Client neither cures such material breach nor makes reasonable progress toward cure within 15 days
after Raftelis has given written notice of the alleged breach to Client, or (b) upon five days' notice if
Work under this Agreement has been suspended by either Client or Raftelis in the aggregate for more
than 30 days.
3. Payment upon Termination. In the event of termination, Raftelis shall be compensated for all work
performed prior to the effective date of termination.
Article 14. Notices
All notices required or permitted under this Agreement shall be in writing and shall be deemed deliverable
when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:
If for the Client:
Vincent M. Burke, PE
Director
Indian River County Department of Utility Services
1801 27`h Street
Vero Beach, FL 32960
If for Raftelis:
Marco H. Rocca, CMC
Principal Consultant
Raftelis Financial Consultants, Inc.
950 S. Winter Park Drive
Suite 240
Casselberry, FL 32707
Page 4 of 6
Article 15. Compliance with Applicable Laws
Raftelis agrees not to discriminate in its employment practices, and will render services under this Agreement
without regard to race, color, religion, sex, national origin, veteran status, political affiliation or disabilities.
Any act of discrimination committed by Raftelis, or failure to comply with these statutory obligations when
applicable, shall be grounds for termination of this Agreement.
Article 16. General Provisions
A. Entire This Agreement represents the entire and sole agreement between the Parties with
Agreement: respect to the subject matter hereof.
B. Waiver: The failure of either Party to require performance by the other of any provision
hereof shall in no way affect the right to require performance at any time
thereafter, nor shall the waiver of a breach of any provision hereof be taken to be
a waiver of any succeeding breach of such provision or as a waiver of the provision
itself. All remedies afforded in this Agreement shall be taken and construed as
cumulative; that is, in addition to every other remedy available at law or in equity.
C. Relationship: Nothing herein contained shall be construed to imply a joint venture, partnership,
or principal -agent relationship between Raftelis and the Client; and neither Party
shall have the right, power, or authority to obligate or bind the other in any manner
whatsoever, except as otherwise agreed to in writing.
D. Assignment Neither Party shall assign or delegate this Agreement or any rights, duties, or
and obligations hereunder without the express written consent of the other. Subject to
Delegation: the foregoing, this Agreement shall inure to the benefit of and be binding upon the
successors, legal representatives, and assignees of the Parties hereto.
E. Severability:
If any provision of this Agreement is declared invalid or unenforceable, such
provision shall be deemed modified to the extent necessary and possible to render
it valid and enforceable. In any event, the unenforceability or invalidity of any
provision shall not affect any other provision of this Agreement, and this Agreement
shall continue in force and effect, and be construed and enforced, as if such
provision had not been included, or had been modified as above provided, as the
case may be.
F. Governing This Agreement shall be governed by, and construed in accordance with, the laws
Law: of the State of Florida. Venue and jurisdiction shall be in Indian River County,
Florida, Circuit Court.
G. Paragraph The paragraph headings set forth in this Agreement are for the convenience of the
Headings: Parties, and in no way define, limit, or describe the scope or intent of this
Agreement and are to be given no legal effect.
H. Third Party Nothing in this Agreement shall be construed to create or confer any rights or
Rights interest to any third party or third party beneficiary. It is the intent of the parties
that no other outside, non-party claimant shall have any legal right to enforce the
terms of this Agreement.
Page 5 of 6
IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives.
By:
By:
INDIAN RIVER COUNTY, FLORIDA
atu
oseph E. Flescher
Print Name
Chairman, Board of County Commissioners
Title
July 18. 2017
Date
RAFTELIS FINANCIAL CONSULTANTS, INC.
Signature
Marco H. Rocca
Print Name
Principal Consultant
Title
July 11, 2017
Date
Page 6 of 6
BY
DYLAN REINGOLD
COUNTY ATTORNEY
ATTEST: Jeffrey R Smith, Clerk of Court
and C nptroJ ler
BY:
ATTACHMENT A
WATER AND WASTEWATER IMPACT FEE STUDY
SECTION I
SCOPE OF SERVICES
This impact fee review and update study addresses the County's objective that water and wastewater impact
fees materially reflect the current cost, less applicable credits, per level of service (LOS) and are in compliance
with F.S. 163.31801.
METHODOLOGY
This impact fee review and update utilizes a "Buy-In/Consumption" based methodology, which assumes that
new service connections utilize portions of both existing and new facilities. The methodology provides that
costs for Treatment and Transmission assets for each functional service are identified on a per gallon per day
of capacity basis, by using adjusted facility costs and average day capacity of such facilities. Adjusted facility
costs consist of local current cost plus financing expenses less amounts provided by other revenue sources.
PROJECT APPROACH
The Consultant will coordinate with County staff to obtain or develop historic, current and projected
information, data and assumptions necessary to formulate findings and conclusions relative to the stated
methodology.
Activities include:
a) Identifying original and current costs associated with water and wastewater Treatment and
Transmission assets;
b) Reviewing the historic and forecasted funding for water and wastewater Treatment and
Transmission assets;
c) Formulating total asset costs and appropriate credit provisions from other revenue sources;
d) Reviewing the design capacity and actual demand characteristics of the water and wastewater
systems;
e) Reviewing the ordinance provisions for application of Treatment and Transmission impact
fees;
f) Development of a computer rate model to manage data and calculate the Treatment and
Transmission impact fees;
g) Reviewing findings with County staff; and
11) Meetings, discussions and presentations to County staff.
ITEM 1. IMPACT FEE STUDY TASKS
1. Project Initiation — A meeting with County staff will be held to initiate the study process and in
general includes:
a) Discussion of primary goals and objectives;
b) Data availability and acquisition;
c) Administrative policies and procedures;
d) Future funding assumptions;
e) Current and future economic constraints;
f) Capital improvements;
g) Consultant/County communications; and
11) Time schedules, meetings and deliverable formats.
2. Data Collection — A request will be made to obtain data and information concerning: (i) the current
costs for property, plant and equipment; (ii) probable near term system expansion improvements; (iii)
system component capacities and associated design criteria relative to maximum day, average day, line
loss, inflow/infiltration, and/or other related capacity criteria; (iv) system and customer demands,
Page 1 of 4
flows and equivalencies; (v) sources and related terms of funding for existing and proposed system
capacity expansion improvements; and (vi) other data as such becomes evident.
3. Data Analysis — Capital costs for existing and proposed property, plant and equipment will be
reviewed and accumulated pursuant to major functional system categories, (i.e., source of supply,
treatment, transmission, disposal, general plant, etc). Original costs may be adjusted to current
replacement costs pursuant to an appropriate nationally published construction inflation index or
current cost information maintained by the County, County's Utility Engineer and/or Consulting
Engineer. System and customer demands, capacities and relevant criteria will be reviewed to identify
the appropriate determinants for use in the development of each impact fee. Existing and proposed
financing costs associated with expansion related facilities will be identified and included as
appropriate. County staff will be included in the process of clarifying information and data concerning
the costs, capacities, useful lives and condition of the existing facilities, probable near term system
expansion capital improvements and customer demands. Upon completion of the data analysis, a
meeting will be scheduled with County staff to review and obtain concurrence with the findings.
4. Impact Fee Development — The development of impact fees will be based on the information and
data obtained and developed for this study. The approach, in addition to current facility costs, will
include necessary adjustments to reflect financing costs and credits as applicable. Additionally, a
schedule will be developed comparing existing and proposed single family water and wastewater impact
fees of the County to those of nearby communities.
5. Level of Service Appropriateness — A billing frequency, engineering design and industry data will be
utilized in reviewing the appropriateness of the LOS criteria assigned to an equivalency for each utility
service.
6. Presentation of Preliminary Findings — A meeting with County staff will be requested to present
the findings associated with this Scope of Service items 1 through 5. The objective of the meeting will
be to obtain concurrence any direction from County staff with respect to the salient items affecting
the preparation of a draft report.
7. Draft Report — Pursuant to consideration of comments from County staff concerning the preliminary
findings, a draft report will be prepared containing discussions, tables, schedules and supporting
documentation of the study process, methodology, approach, facility costs, development of impact
fees, comparisons, findings and conclusions. The draft report will be provided to County staff for
review and comments in electronic format.
8. Draft Report Meeting — One meeting will be held with County staff to present the draft report. It is
anticipated that upon completion of the draft report meeting County staff will provide sufficient level
of comments and directions to finalize the report.
9. Final Report — A signed electronic copy of the final report will be provided to the County.
10. Assist with Draft Ordinance — Assist County staff with preparation of draft ordinance/resolution
together with providing reviews and comments of the final ordinance/resolution as prepared by
County.
11. Public Presentation— Attendance at one public hearing to presenting the findings and respond to
questions from the County Commission.
Deliverables for Items 1 and 2:
1) Data request letter.
2) Draft Report.
Page 2 of 4
3) PowerPoint presentations as applicable for scheduled public meetings.
4) Draft ordinance provisions and/or comments.
5) Final Report.
ITEM 2. ADDITIONAL SERVICES
Additional Services will be provided as specifically requested by the County for related matters concerning
impact fees, such as but not limited to: development of reclaimed water impact fees; preparation and attendance
at public workshop meeting; additional meetings including individually with County Commissioners and/or
representatives of concerned organizations; meetings with County staff not included in the above Scope of
Service Items 1 through 11; modification to the impact fees after the preparation of the draft report; request to
fully draft portions of the ordinance; and/or calculation of special circumstances.
ITEM 3. ITEMS TO BE FURNISHED AT NO EXPENSE TO THE CONSULTANT
The County will assist the Consultant by furnishing, at no cost to the Consultant, all available pertinent
information including but not limited to listing of all utility fixed assets by functional system (water and
wastewater) with date of original installation, original cost, size, capacity, type of material if applicable, funding,
agreements, ordinances, codes, and any other data relative to performance of the above services for the project.
It is agreed and understood that the accuracy and veracity of said information and data may be relied upon by
the Consultant without independent verification of the same.
The County will designate in writing a person to act as the County's representative with respect to the services
to be performed for this project. Such person shall have complete authority to transmit instructions, receive
information, interpret and define the County's policies and decisions with respect to materials, equipment,
elements and systems pertinent to the Consultant's services.
SECTION II
TIME OF PERFORMANCE
Scope of Services for Item I will be completed within one hundred and fifty (150) calendar days from receipt
of Notice to Proceed except for delays beyond the reasonable control of the Consultant. Item I Study Tasks 1
through 8 of the Scope of Services are anticipated to be completed within ninety (90) days. Item I Study Tasks
9 through 11 and Item II of the Scope of Services will be completed as mutually agreed. The probable time
table by tasks for the study is provided below in the graph.
Impact Fee Study Probable Time Table
Page 3 of 4
SECTION III
COMPENSATION
For Item 1 of the Scope of Services the Consultant will be paid based on the Hourly Rate Schedule, with the
amount not to exceed Sixty -Dive "Thousand One hundred Dollars ($65,100.00) including reimbursable
expenses and as per the services authorized and performed in accordance with Section I of the Agreement.
For Item 2 of the Scope of Services, Additional Services, compensation will be as mutually agreed and issued
in the form of a change order.
Page 4of4
Attachment B - Ratielis' 2017 Billing Rates
Position Rate
Administrative Support Personnel $02
Technician $98
Associate S136
Consultant $165
Senior Consultant S187
Manager $200
Senior Manager $255
Principal Consultant $213
Senior Manager $255