Loading...
HomeMy Public PortalAboutResolution No. 23-139 Piggyback City of Safety Harbour Contract with Stantec for Impact Fee Update StudySponsored by: Interim City Manager RESOLUTION NO. 23-139 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO PIGGYBACK THE CITY OF SAFETY HARBOR CONTRACT WITH STANTEC CONSULTING SERVICES, INC., TO CONDUCT AN IMPACT FEE UPDATE STUDY, IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00), IN A FORM THAT IS ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-Locka ("City") desires to maintain a level of service for new growth in the City as it relates to water, sewer, road drainage, parks, and public safety services; and WHEREAS, the City's Impact Fees are outdated and as a matter of public policy should be updated every five years; and WHEREAS, the City of Safety Harbor previously awarded a contract to Stantec Consulting Services, Inc., to provide an Impact Fee Update Study (attached as exhibit "A"), pursuant to its Request For Proposals, RFP 2022-02, for a contract term that shall commence on the Effective Date and shall continue in full force and effect until the Work (as defined below) is fully and finally completed to the satisfaction of the City (the "Contract Term"); and WHEREAS, pursuant to Section 2-318 (3) of the City's Purchasing Code allows for purchases and acquisitions under contracts of the federal government, the State of Florida or its political subdivisions and also municipal co-operative purchasing organizations and programs. The City Manager has determined that the prices of the original contract are competitive and reasonable; and WHEREAS, the City Commission finds that it is in the best interest of the City to piggyback the City of Safety Harbor contract with Stantec Consulting Services, Inc. in order to benefit from already negotiated rates and enter into an agreement to provide an Impact Fee Update Study, in an amount not to exceed Fifty Thousand Dollars ($50,000.00); and Resolution No. 23-139 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. Adoption of Representations. The above recitals are true and correct and are incorporated into this Resolution by reference. Section 2. Authorization. The City Commission hereby authorizes the Interim City Manager to piggyback the City of Safety Harbor Contract with Stantec Consulting Services, Inc., to conduct an Impact Fee Update Study, in an amount not to exceed Fifty Thousand Dollars ($50,000.00), in a form that is acceptable to the City Attorney Section 3. Scrivener's Errors. Sections of this Resolution may be renumbered or re - lettered and corrections of typographical errors, which do not affect the intent of this Resolution may be authorized by the Interim City Manager, following review by the City Attorney, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. Effective Date. This Resolution shall take effect upon the adoption and is subject to the approval of the Governor or Governor's Designee. PASSED and ADOPTED this 13th day of Septe ber, 2023. TEST: lores, City Clerk ohn H. : ylor Jr., Mayor 2 Resolution No. 23-139 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: B, : ette No is -Weeks, P.A. y Attorney Moved by: Commissioner Kelley Seconded by: Commissioner Bass VOTE: 5-0 Commissioner Williams YES Commissioner Kelley YES Commissioner Bass YES Vice Mayor Ervin YES Mayor Taylor YES 3 City of Opa-locka Agenda Cover Memo Department Director: Gregory D. Gay Department Director Signature: City Manager: Darvin E. Williams CM Signature (.�- OP- /. // -. ""'„�� l Commission Meeting Date: Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (EnterX in box) Yes No Resolution Reading: (Enter X in box) 15C Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Account# : (Enter Fund & Dept) Ex: N/A See Financial Impact section below Advertising Requirement: (EnterXinbox) Yes No X ILA Required: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (EnterX in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: Strategic Plan 014/Strategy: (list the specific objective/strategy this item will address) X m ii • ❑ • Sponsor Name City Manager Department: Planning & Community Development City Manager Short Title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO PIGGYBACK THE CITY OF SAFETY HARBOR CONTRACT WITH STANTEC CONSULTING SERVICES, INC., TO CONDUCT AN IMPACT FEE UPDATE STUDY, IN AN AMOUNT NOT TO EXCEED $50,000 IN A CONTRACT FORM ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITAS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The City of Opa-locka desires to be maintain a level of service for new growth in the City as it relates to water, sewer, road drainage, parks, and public safety services. The City's Impact Fees are outdated and as a matter of public policy should be updated every five years. the City of Safety Harbor previously awarded a contact to Stantec Consulting Services, Inc., to provide an Impact Fee Update Study (attached as exhibit "A"), pursuant to its Request For Proposals, RFP 2022-02, for a contract term that shall commence on the Effective Date and shall continue in full force and effect until the Work (as defined below) is fully and finally completed to the satisfaction of the City (the "Contract Term"). The City Commission finds that it is in the best interest of the City to piggyback the City of Safety Harbor contract with Stantec Consulting Services, Inc. in order to benefit from already negotiated rates and enter into an agreement to provide an Impact Fee Update Study, in an amount not to exceed Fifty Thousand Dollars ($50,000.00). Financial Impact There is a positive financial impact from the approval of this legislation. Proposed Action: PCD Staff recommends approval of this Resolution. Attachment: Draft Resolution City of Safety Harbor Request for Proposals- No. 2022-02 (Exhibit A) City of Safety Harbor-Stantec Consulting Services, Inc Contract Agreement (Exhibit B) Stantec RFP Proposal SAFETY HARBOR IMPACT FEE UPDATE STUDY RFP NO. 2022-02 REQUEST FOR PROPOSALS CITY OF SAFETY HARBOR CITY COMMISSION AUGUST 10, 2022 TABLE OF CONTENTS SECTIONS PAGE A. Request for Proposals 3 B. Scope of Professional Services 4 C. General Conditions 11 APPENDIX A. Evaluation Criteria 16 B. Agreement for Consultant Services 17 C. Proposal Form 26 D. Public Entity Crimes 27 CITY OF SAFETY HARBOR Section A Safety Harbor Impact Fee Update REQUEST FOR PROPOSALS (RFP) PROCEDURES The City of Safety Harbor, Florida is soliciting proposals from qualified consulting firms with experience in establishing and updating impact fees for local governments in Florida. Sealed RFPs: Please submit six (3) copies of the proposal in a sealed envelope, clearly identified as: REQUEST FOR PROPOSALS RFP NO. 2022-02 "SAFETY HARBOR IMPACT FEE UPDATE STUDY" 3:00 PM MONDAY, SEPTEMBER 19, 2022 Proposals should be mailed or otherwise delivered to: City of Safety Harbor Rachael Telesca, City Clerk 750 Main Street Safety Harbor, FL 34695 Responses to this RFP are due no later than 3:00 pm, Monday, September 19, 2022. Any responses to this RFP received after that date and time will be considered late and shall not be opened or considered. Any individual requiring special assistance must notify the City Clerk's Office in writing 48 hours in advance of the due date so that arrangements can be made. 3 SECTION B SAFETY HARBOR IMPACT FEE UPDATE STUDY SCOPE OF PROFESSIONAL SERVICES Overview The City of Safety Harbor, Florida is in Pinellas County, along the northwest edge of Old Tampa Bay and is part of the Tampa -St. Petersburg -Clearwater metro area. In 2021, the estimated population in the City of Safety Harbor was 17,340. The City of Safety Harbor operates under a Commission - Manager form of government. This type of municipal government is commonly called the council- manager form of government. The City of Safety Harbor adopted impact fees over time, from 1976 to 1990. New development within the City of Safety Harbor is subject to adopted impact fees at time of platting or permitting. These include: 1) sewer; 2) sanitation; 3) public safety (fire); 4) library; 5) park; and, 6) parkland. Developments containing five (5) or more dwelling units are subject to a parkland impact fee. The public safety impact fees include three sub -fees (residential, industrial commercial, and institutional commercial). In addition, Pinellas County manages a county -wide Mobility Impact Fee system, including regular updates. Local governments in Pinellas County, including the City of Safety Harbor, participate in these updates and adopted a revised mobility fee ordinance in 2015. The Mobility Impact Fee is not being updated as part of this RFP. The sanitation impact fee update will be addressed under a separate RFP. The City desires to retain the services of a consulting firm with experience establishing and updating impact fees for local governments in Florida. Impact fees are subject to Section 163. 31801, Florida Statutes (Florida Impact Fee Act). The City of Safety Harbor desires to update the impact fees for sanitation, public safety, library, park, and parkland to: 1) amend impact fee amounts by type; 2) add a procedure for applying impact fee credits; and, 3) update impact fee procedures to meet statutory requirements. A separate RFP (2022-03) is being issued for the sewer impact fee. For further information about the City of Safety Harbor, you may visit (http://vsrww.cityofsafetyharbor.com/). SECTION 1. GENERAL SCOPE STATEMENT The scope of services for the Safety Harbor Impact Fee Update Study is as follows: 1. Documents to Consultant: City staff will provide the Consultant a flash drive with a list of adopted impact fees, impact fee code sections, impact fee ordinances, permitting quarterly reports for the past two fiscal years, adopted city budgets for the past two fiscal years, impact fee revenue data for the last two fiscal years, and adopted impact fees for comparable communities in Pinellas County. 2. Document Review: The Consultant will review the provided documents. 3. Virtual Kick Of( Meeting: The Consultant will meet with the City Manager, Finance Director, and City Attorney to review the project scope. 4 4. Draft Impact Fee Update Methodology Memo: The Consultant will prepare a draft memorandum summarizing the methodologies for the preparation of recommended changes to impact fees including 1) adopted impact fees in the City of Safety Harbor and in other comparable communities in Pinellas County; 2) description of the overall methodology; 3) summary of applicable statutory changes since the city's impact fees were adopted; and, 4) options for implementing impact fee credits. 5. Outreach to Builders/Contractors: City staff will create a web site to upload documents regarding the impact fee study and send information to contractors regarding the impact fee study update and City Commission meeting dates. The Consultant may be asked to assist with preparing such information. 6. Staff Virtual Meeting: The Consultant will meet with the City Manager, Finance Director, and City Attorney to review the draft memo and City Commission feedback, prior to drafting the impact fee update study. 7. Presentation: The Consultant will prepare a PowerPoint presentation for the City Commission workshop. 8. City Commission Workshop: The Consultant will present the draft memo to the City Commission. 9. Final Memo: The Consultant will finalize the memo. 10. Staff Review: Staff will provide feedback and authorize the preparation of the study. Draft #1 Impact Fee Update Study: The Consultant will prepare a first draft Impact Fee Update Study documenting 1) adopted impact fees; 2) study methodology; 3) recommended impact fee methodology and/or rate modifications (excluding mobility), including the legal nexus for each modification; 4) suggested procedures to address statutory requirements such as phase -in of any impact fee increases recommended by the study; 5) and, recommended procedures to implement impact fee credits. 12. Draft #1 Study Review: Staff will review the first draft Impact Fee Update Study and provide comments to the Consultant. 13. Draft #2 Impact Fee Update Study: The Consultant will prepare the second draft Impact Fee Update Study reflecting staff comments. 14. Draft #2 Study Review: Staff will review the second draft Impact Fee Update Study and provide comments to the Consultant. 5. Ordinance Preparation: Staff and the City Attorney will prepare draft ordinances to implement the impact fee update. 5 16. Additional Staff Virtual Meeting.: The Consultant will meet with the City Manager, Finance Director, and Community Development Director to prepare for the City Commission meeting. 17. Presentation: The Consultant will prepare a PowerPoint presentation for the City Commission meeting. 18. City Commission Meeting: The Consultant will attend one (1) City Commission meeting to present the Impact Fee Update Study. 19. Final Impact Fee Update Study: The Consultant will prepare the final Impact Fee Study Update. SECTION 2: SUBMISSION REQUIREMENTS Respondents should provide the following: 1. Qualifications — A statement of its qualifications and experience with respect to establishing and updating impact fees for local governments in Florida and related services in accordance with the specific tasks listed in Section 1. 2. Pro/ect Team - Identification of the specific consultants to be assigned to this project, their roles, a summary of their individual qualifications and experience, and detailed resumes for each. 3. Project Approach - A detailed task plan that addresses respondent's approach to the preparation of the impact fee update study. 4. Fee and Time for Completion a. A fee proposal to conduct the Safety Harbor Impact Fee Update Study with identifying total hours and fee by task and for the total project. b. Identify a schedule of hourly rates for the assigned consultants. c. A statement as to the expected calendar time that will be required for completion of the Plan. 5. Innovative Techniques or Methodology - A discussion of any innovative techniques or methodology that you will use in this plan that have a proven history of providing responsive and cost-effective results on similar studies. 6. Client References — Client references for the firm and the individual consultants to be assigned to the project. Include name, title, organization, address, and telephone number. SECTION 3. IMPACT FEE STUDY DELIVERABLES I. The Consultant shall provide a draft methodology memorandum in Word format by e-mail (Section B, Item 4). 2. The Consultant shall prepare a workshop presentation in Powerpoint format by e-mail (Schedule B, Item 7). 6 3. The Consultant shall provide a final methodology memorandum in Word format by e-mail (Schedule B, Item 9). 4. The Consultant shall provide a draft #1 Impact Fee Update Study in Word format and maps in separate .pdf files (Section B 1, Item 11). 5. The Consultant shall provide a draft Impact Fee Update Study #2 in Word format, maps in separate .pdf files (Section B 1, Item 13). 6. The Consultant shall provide a final presentation (Section B 1, Item 17) in PowerPoint format by e-mail. 7. The Consultant shall attend up to four (4) virtual meetings with staff, one (1) site visit, one (1) community meeting, one (1) City Commission workshop, and one (1) City Commission meeting. 8. The Consultant shall provide a final Impact Fee Study in Word format, cost estimates in excel, and report maps in separate .pdf files (Section B 1, Item 19). SECTION 4. SELECTION PROCESS In order to ascertain which proposal and organization best meets the needs of the City, each proposal will be independently evaluated, according to prescribed evaluation criteria found in Appendix A, by an evaluation committee comprised of City staff. In the event that presentations are deemed necessary, respondents will be contacted in order to schedule a mutually agreeable date and time for the presentation. The evaluation committee does not have authority to award the contract. Only the City Commission has the authority to award the contract. It is anticipated that a final decision on the firm to be selected will be made on October 17, 2022. All respondents will subsequently be contacted and advised of the Commission's decision. Upon award, the selected respondent and the City shall be deemed to have entered into the Agreement for Consultant Services, attached as Appendix B. This document establishes the contract that will be created upon award and should be thoroughly understood prior to submission of a proposal in response to this RFP. SECTION 5. TIME SCHEDULE The time schedule is provided below: Date Event August 10, 2022 RFP released September 19, 2022 RFP proposals due August 29, 2022 Proposals reviewed by City staff September 26, 2022 Presentations from shortlisted Respondents (if requested) October 17, 2022 City Commission authorizes award October 20, 2022 Staff provides Consultant Notice -To -Proceed and background documents 7 November 18, 2022 Consultant completion of Scope items 1-4 (Documents to Consultant, Document Review, Virtual Kick Off Meeting, Draft Memo) December 2022 Consultant Scope items 6-9 (Virtual Meeting, Presentation, City Commission Workshop, Final Memo) January 2023 -February, 2023 Consultant Scope Items 11-16 (Draft Study, Virtual Meeting, Draft Study 2) March 20, 2023 Consultant Scope item 17-18 (Presentation, City Commission Meeting) April 14, 2023 Consultant Scope item 19 (Final Study) SECTION 6. COST OR PRICE SUMMARY Respondent shall complete and submit a fee proposal as provided for in Section 7, Part E of this RFP. SECTION 7. PROPOSAL REQUIREMENTS Proposals shall be based on the above scope of services. Any modifications to or deviations from the scope of services shall be specifically stated in the response. Please review this RFP carefully to ensure your understanding of all City requirements prior to developing your proposal. Please submit the following information in your proposal (in the order shown below) to assist in the selection process. Part A. A summary of your firm's proposed work plan, approaches to the project, and understanding of the project requirements. Part B. Why your firm is best qualified to provide the desired services. Part C. Part D. Part E. An exhibit showing the individuals comprising the project team. In conjunction with this, please provide a listing of similar projects handled by this project team. Provide at least three (3) recent client references, including name of jurisdiction, name of contact and telephone number. An exhibit showing your firm's ability to comply with the Time Schedule. If you cannot meet the Time Schedule, identify the time required to complete the work outlined in this RFP. Fee proposal for performance of the services requested by this RFP. The City does not intend that fee proposals submitted for this solicitation will be the total and final fee for this project, nor does the City intend this to be a bidding situation for professional services. The City understands that adjustments in the scope of services may be required. The City does intend that a fee proposal submitted as a result of this solicitation will be considered as part of the basis for selection of a 8 Consultant but may choose, in its sole and absolute discretion to negotiate fees with the successful respondent. The fee proposal should include not -to -exceed costs for the plan and should include all travel, food, and lodging costs, and other out-of- pocket costs, as these will not be reimbursed separately. Part F. Any modifications in the City's scope or project emphasis that would, in your professional judgment, better serve the intent of the project. Part G. Other information for consideration. Each firm is asked to follow the above format in structuring its proposal. Back-up information (i.e., resumes, certifications, etc.) is welcome as a part of Part "G" (at your option). Please also Provide a recent sample Impact Fee or Impact Update Study or similar study completed for a similar public entity. Part H. Appendix C - Proposal Form Appendix D — Sworn Statement on Public Entity Crimes Part 1. Exceptions to, or variances from, any portion of this solicitation, shall not be considered unless the proposer specifically identifies them in this section of its proposal. Exceptions are, however, strongly discouraged and may not be accepted by the City. 9 SECTION C GENERAL CONDITIONS Respondents are required to submit proposals upon the conditions expressed in these instructions. In the case of a conflict between these General Conditions and the specific conditions set forth in Section B, the specific conditions shall control. The provisions of this RFP will be incorporated into any resulting contract as if every detail of the RFP Documents were stated therein. The "RFP Documents" shall constitute all documents released by the City as a part of this RFP, including any addenda released following the initial issuance of this RFP. 1. RESPONDENT'S ABILITY: It is the intent of the City to award a contract for this work to a respondent whose experience, skill, and financial resources are fully equipped to the task of prosecuting the work in a rapid and satisfactory manner, and successfully completing it within the time limit set. Upon request by the City, any respondent shall be prepared to submit an attested statement of his or her ability, financial status, and history. 2. PROHIBITED INTERESTS No Member of or Delegate to Congress, City Commissioner, or City Employee shall be permitted any share or benefit that may arise from this RFP. No official, employee, architect, attorney, engineer, or inspector authorized by the City to exercise any legislative, executive, supervisory, or other similar functions in connection with this RFP shall become directly or indirectly interested personally in this RFP, or the resulting contract or in any part thereof, or to any subcontract, insurance contract, or any other contract pertaining to the services sought by this RFP. 3. RESPONDENT'S OBLIGATION OF EXAMINATION All of the conditions known to affect the performance of the work have been described in the RFP Documents. Upon written request within the time period for questions, additional information pertaining to existing conditions in the possession of the City will be provided to the Respondents. However, this information is furnished as a service and the correctness of such information is not guaranteed as to accuracy and completeness. Respondents are required to examine the RFP Documents and any other information that may be on file in the offices of the City. Ignorance of conditions that may exist, or of conditions or difficulties that may be encountered under this RFP as a result of a failure to make the necessary examinations and investigations will be accepted as an excuse for any failure or omission on the part of the selected respondent to fulfill in every detail all the requirements of the RFP Documents or will be accepted as a basis for any claims whatsoever for extra compensation. 4. BASIS UPON WHICH PROPOSALS ARE SOLICITED AND AWARDED Proposals are solicited on the basis of the evaluation criteria set forth in Appendix A to this RFP. Award of the contract will be to the respondent who has submitted the most responsive and responsible proposal as determined by the City Commission, in its sole and absolute discretion. The City Commission's decision will be final. The City reserves the right to informally negotiate certain points of the final contract with a qualified respondent. 10 5. LAWS TO BE OBSERVED The act of submitting a proposal in response to this RFP shall constitute an agreement by the respondent that it has made itself familiar with, and shall at all times observe and comply with federal, state, and local laws, ordinances, codes, and regulations, which may bear on the services procured by this RFP. No plea of misunderstanding will be considered on account of ignorance thereto. The Respondent shall indemnify and save harmless the City and all of its officers, agents, employees, or representatives from all suits, actions, or claims arising from or based on the violation of any such laws, ordinances, codes, and regulations, whether by itself, its employees, subcontractors, or agents. 6. PREPARATION OF PROPOSALS AND SIGNATURE BY AUTHORIZED REPRESENTATIVES The respondent's proposal shall be submitted as required by the RFP Documents in accordance with these instructions. The proposals must be complete in every detail. All unit item costs must be stated in numerical figures, the total cost for each unit item quantity calculated and stated in numerical figures, the lump sum stated in numerical figures, and the grand total for all items proposed computed and stated in numerical figures. The City reserves the right to correct any apparent error resulting from erroneous multiplication or addition before awarding a contract. An authorized representative of the company shall complete and sign the Proposal Form as set forth in Appendix C. A corporation or other company or entity must name the state of incorporation and specify whether it is authorized to do business in the State of Florida. The proposal must be signed in the name of, and under the seal of, the corporation, by a duly authorized officer or agent of the corporation. Such officer or agent must present legal evidence that they have lawful authority to sign the proposal and that the signature is binding upon the corporation and that the corporation has a legal existence. In the event that any corporation, organized and doing business under the laws of any foreign state, is awarded this RFP, such corporation shall present evidence that it is registered and authorized to do business in the State of Florida. 7. REJECTION OF PROPOSALS AND WAIVER OF IRREGULARITIES The City reserves the right to reject any or all proposals at any time in its sole and absolute discretion. Nothing contained herein shall be deemed to give any respondent a property interest in this RFP or any expectation of an award. The City further reserves the right to waive any irregularity, variance or informality, whether technical or substantial in nature, and to accept or reject any part of a proposal, in its sole and absolute discretion. 8. INQUIRIES AND ADDENDA Each respondent shall examine the RFP Documents. Any inquiries, suggestions, or requests concerning interpretation, clarification, or additional information pertaining to this RFP shall be made in writing to the City's Community Development Director by October 5, 2022. 11 Marcie Stenmark 750 Main Street Safety Harbor, FL 34695 Phone: 727-724-1555 ext. 1702 Email: mstenmark@cityofsafetyharbor.com The City shall not be responsible for oral interpretations given by any City employee, representative, or others, other than the City's Community Development Director. The issuance of a written addendum is the only method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this RFP, the City will attempt to notify all prospective respondents who have requested a copy of the RFP. However, it shall be the responsibility of each respondent, prior to submitting a response, to contact the City of Safety Harbor's Community Development Department (727-724-1555) to determine if addenda were issued and to make such addenda a part of the response. 9. INSURANCE REQUIREMENTS A. General As part of its proposal, the respondent shall provide evidence of the following described insurance. These insurance requirements shall not limit the liability of the respondent. The City does not represent these types or amounts of insurance to be sufficient or adequate to protect the respondent's interests or liabilities, but are merely minimums. If requested by the City, the respondent shall furnish complete copies of the respondent's insurance policies, forms and endorsements. Except for workers' compensation, the respondent's insurance policies shall be endorsed to name the City as an additional insured to the extent of the City's interests arising from this contract or agreement. The respondent's deductibles/self-insured retention shall be disclosed and may be disapproved by the City. They shall be reduced or eliminated at the option of the City. The respondent is responsible for the amount of any deductible or self -insured retention. Submitting certificates or other documentation of insurance or policies or copies of policies which indicate less coverage than required does not constitute a waiver or alternation of the minimum required amounts set forth below, B. Coverage and Limits: i. Commercial General Liability Respondent shall maintain Commercial General Liability insurance with minimum limits of $1,000,000 per claim and $1,000,000 per occurrence, written on an occurrence basis. All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and have a minimum rating of "A -"as assigned by AM Best. The City shall be named as an additional insured on such policy(ies) and shall be given thirty (30) days' written notice of cancellation, non -renewal, or adverse change to any policies. Respondent shall, at the request of the City, provide an indication of the amount of claims payments or reserves chargeable to the aggregate amount of liability coverage. 12 Coverage A shall include premises, operations, products and completed operations, independent vendors, contractual liability covering this agreement or contract, and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. ii. Business Auto Liability Respondent shall maintain Business Auto Liability insurance with minimum limits of $500,000 per claim and $500,000 per occurrence, written on an occurrence basis. All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and have a minimum rating of "A -"as assigned by AM Best. The City shall be named as an additional insured on such policy(ies) and shall be given thirty (30) days' written notice of cancellation, non -renewal, or adverse change to any policies. Business Auto Liability coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, non -owned, and hired automobiles and employee non -ownership use. iii. Workers Compensation Coverage The respondent shall purchase and maintain workers' compensation insurance for all workers' compensation obligations imposed by state law and employers liability limits of at least $100,000 each accident and $100,000 each employee, $500,000 policy limit for disease. The respondent shall also purchase any other coverage required by law for its employees. iiii. Professional Liability (errors and omissions) Coverage Professional liability (errors and omissions) insurance with minimum limits of $500,000 per claim and $500,000 per occurrence, written on an occurrence basis. All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and have a minimum rating of "A -"as assigned by AM Best. The City shall be named as an additional insured on such policy(ies) and shall be given thirty (30) days' written notice of cancellation, non -renewal, or adverse change to any policies. C. Insurance of the Respondent Primary Insurance required of the respondent shall be considered primary. 10. PUBLIC INSPECTION/EXAMINATION OF PROPOSALS Proposals are public record under Florida law. However, Proposals will not be available for public inspection until such time as there is a notice of decision or intended decision of award or within thirty (30) days of the opening date, whichever is earlier, pursuant to § 119.071(1)(b)2, Florida Statutes. In the event the City decides to reject all proposals and determines to reissue the competitive solicitation, proposals will not be available for public 13 inspection until the City notices an intended decision concerning the reissued solicitation, or twelve (12) months have passed from the initial rejection of all bids, pursuant to § 1 19.071(1)(b)3, Florida Statutes. Respondents shall clearly mark each page of its proposal that contains trade secrets or other information which the Respondent believes is exempt from disclosure pursuant to Article 1, Section 24 of the Florida Constitution and Chapters 119 and 286, Florida Statutes (commonly referred to as the "Sunshine Laws"). If a Responder fails to clearly mark such information, or marks its entire proposal as a confidential trade secret, the City will be under no obligation to treat such information as confidential or exempt under the Sunshine Laws. Evaluation and disclosure of information marked according to the requirements of this section will be determined by the City in its sole and absolute discretion and in accordance with the Florida laws, rules and regulations. 1 1. ACCEPTANCE OF PROPOSALS The signed proposal shall be considered an offer on the part of the Respondent; such offer shall be deemed accepted upon award of the contract by the City Commission. Upon award, Respondent and City shall execute the contract set forth in Appendix B. 14 APPENDIX A SAFETY HARBOR IMPACT FEE UPDATE STUDY The criteria that will be evaluated and their relative weights are: Evaluation Criteria Points Consultant experience with the implementation and/or updating of impact fees 30 Qualifications of the Project Team 30 Project approach, methodology and satisfactory schedule for completion 20 References: Three (3) required 10 Cost of proposal 10 15 APPENDIX B AGREEMENT This Agreement ("Agreement") is entered into on this day of , 2022 by and between the City of Safety Harbor, Florida, a municipal corporation whose address is 750 Main Street, Safety Harbor, Florida 34695 (the "City") and , a with its principal place of business located at ("Contractor")(collectively "the Parties"). WHEREAS, the City issued a request for proposals, RFP 2022-02, from interested parties regarding the Safety Harbor Impact Fee Update Study on (the "RFP"); and WHEREAS, the Contractor timely submitted a response to the RFP on 2022 (the "Contractor's Response"); and 1 WHEREAS, the City Commission awarded this Agreement to the Contractor at its duly held public meeting on , 2022 (the "Effective Date") for an amount not to exceed $ (the "Contract Total"); and WHEREAS, the Parties wish to memorialize the terms and conditions of their agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. RECITALS — The above recitals are true and accurate and incorporated into this Agreement by reference. 2. DOCUMENTS — "Contract Documents" shall mean and refer to this Agreement, the RFP, and any exhibits attached thereto including all duly executed addenda (collectively attached hereto as Exhibit "A"), and Contractor's Response (attached as Exhibit "8"). All of the foregoing documents are incorporated herein by reference and made a part of this Agreement. In interpreting the Contract Documents and resolving any ambiguities or conflicts between the Contract Documents, this Agreement shall control, followed by Exhibit A, and finally Exhibit B. 3. CONTRACT TERM - The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until the Work (as defined below) is fully and finally completed to the satisfaction of the City (the "Contract Term"). 4. CONTRACT TIME. Contractor shall begin Work upon the City issuing the Purchase Order or a "Notice to Proceed" to Contractor and shall perform the Work in accordance with the Time Schedule set forth in the RFP ("Contract Time"). 5. SCOPE OF WORK — Contractor shall perform all work and services set forth in the RFP in accordance with all specifications, requirements, and conditions set forth in the Contract Documents (the "Work"). Contractor acknowledges that it has read all specifications for the Work and understands them. The Parties acknowledge and agree that the scope of services for the Work is a general guide of the minimum requirements and is not intended to be a complete or comprehensive list of all requirements necessary to complete the Work. Contractor shall provide I6 services of first quality, and all Work must be in accordance with customary standards of the various trades and industries involved in the Work. Contractor shall enforce strict discipline and good order among its employees, subcontractors, representatives, agents, and any others carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. The City will communicate directly with Contractor and shall have no authority to direct, oversee, or instruct Contractor's employees, subcontractors, or materialmen, or any other individuals performing work on the Work. The City specifically reserves the right to contract with other entities for the Work described in the Contract Documents or for similar work if it deems, in its sole and absolute discretion, such action to be in the City's best interest. 6. COMPLIANCE WITH LAWS - Contractor shall be solely responsible for compliance with all federal, state, county, and local laws, rules and/or regulations, and lawful orders of public authorities including those set forth in this Agreement and that, in any manner, could bear on the Work and Contractor's services under the Contract Documents. Omission of any applicable laws, ordinances, rules, regulations, standards or orders from the Contract Documents shall not relieve Contractor of its obligations to comply with all laws fully and completely. Upon request, Contractor shall furnish to the City certificates of compliance with all such laws, orders and regulations. Contractor shall be responsible for obtaining all necessary permits and licenses required for performance and completion of the Work. 7. CHANGES TO WORK — The Contract Documents may only be modified by written agreement of the Parties. The City Manager, or his designee, is authorized to make changes to this Agreement, but only if such change is in writing, is within the scope of the Work, and does not serve to increase the Contract Total, the Contract Time, or change the scope of services. If any change would cause an increase or decrease in the Contract Total or Contract Time, Contractor shall notify the City within ten (10) days in writing. In the case of an increase to the Contract Total or Contract Time, the written notice shall state in all capital, bold letters that the City's written order would result in an increase in the Contract Total and/or Contract Time and shall include a statement outlining the reasons for the change, a complete description of the change, and a detailed description of products to be purchased and any back-up detail and documentation supporting the request. Such notice must be submitted and approved by the City Commission at a duly noticed public meeting prior to performing any work or incurring any costs for any work contemplated by a change which would increase the Contract Total or Contract Time. Contractor shall not be entitled to any compensation for such work unless and until approved by the City Commission. Notwithstanding the foregoing, nothing in this clause shall excuse Contractor from proceeding with the Agreement except for those changes which would increase the Contract Total. Any instructions, written or oral, given to Contractor by someone other than the City Manager that represent a change in the work related to the Work or any of its terms, will not be considered as an authorized change. If Contractor proceeds with additional work prior to such approval or without providing the notice required herein strictly in accordance with the terms of this subsection, Contractor shall not receive any compensation for such work. 8. PAYMENT — In consideration of Contractor's faithful performance of the Work, the City agrees to pay Contractor up to the Contract Total for work performed in accordance with this Agreement. All invoices shall be submitted in accordance with the Florida Prompt Payment Act, section 218.74, Florida Statutes. All payments shall be due on the date established by the Florida Prompt Payment Act. In the event of a disputed invoice, only that portion so contested will be withheld from payment and the undisputed portion shall be due and payable on the terms set forth herein. The City is tax exempt and will provide its tax exempt certificate upon request. 17 9. NON -APPROPRIATION - In the event the City, in its sole discretion, determines that sufficient budgeted funds are not available to appropriate for payments due to Contractor under this Agreement, the City shall notify Contractor of such occurrence and this Agreement shall terminate on the last day of the current fiscal period without any penalty or expense to the City. 10. DELAY IN PERFORMANCE — Time is of the essence. If the Work and all deliverables associated therewith are not received on time, the City may cancel the unfilled portion of this Agreement for cause, purchase substitute requirements elsewhere, and recover from Contractor any increased costs and damages thereby incurred by the City. Notwithstanding the foregoing, the City may, in its sole discretion, suspend the work or any portion thereof by written notice to Contractor. If such suspension would cause a delay in performance, Contractor shall provide notice to the City in accordance with subsection (d) below. a. Force Majeure. Neither party shall be liable for its non-performance or delayed performance if caused by Force Majeure. Force Majeure shall be defined as a fire, flood, act of God, war, terrorism, riot, national emergency, sabotage, civil disturbance, strike, labor dispute, pandemic, epidemic, governmental act, law, ordinance, rule, order or regulation, or events which are not the fault or are beyond the control of the party, provided that the Parties stipulate that Force Majeure shall not include the novel coronavirus Covid-19 pandemic which is ongoing as of the date of the execution of this Agreement. For the avoidance of doubt, Force Majeure shall not include (1) financial distress or the inability of either party to make a profit or avoid a financial loss; (2) changes in market prices or conditions; or (3) a party's financial inability to perform its obligations hereunder. The obligations of the party affected by the event of Force Majeure (the "Affected Party") shall be suspended, to the extent that those obligations are affected by the event of Force Majeure, from the date the Affected Party first gives notice in respect of that event of Force Majeure until cessation of that event of Force Majeure (or the consequences thereof). The Affected Party shall use commercially reasonable efforts to resume, with the shortest possible delay, compliance with obligations under this Agreement. Upon the cessation of the event of Force Majeure, the Affected Party shall promptly give notice to the other party of such cessation. If an event of Force Majeure shall continue for more than thirty (30) consecutive calendar days, then the other party shall have the right to terminate this Agreement without penalty. b. Unavoidable Delay. If the work on the Work is unavoidably delayed and Contractor has provided notice in accordance with subsection (d) below, the City may, in its sole discretion, extend the time for completion for a determined number of days of excusable delay. A delay is unavoidable only if the delay was not reasonably expected to occur in connection with or during Contractor's performance; was not caused directly or substantially by negligent errors, omissions, or mistakes of Contractor, its subcontractors, or its suppliers or their agents; was substantial; and, in fact, caused Contractor to miss delivery dates and could not adequately have been guarded against. No extension of work shall extend the Contract Time, unless set forth in writing and approved by the City Commission. c. No Damages for Delay. Contractor shall not be entitled to any claim for damages on account of hindrances or delays in the work from any cause whatsoever, including any delays or hindrances caused by the City. This paragraph shall include, 18 but not be limited to, any actions which result in delays in scheduling, changes to the Work, or increases in the costs of perfortning the work under the Contract Documents. d. Notification of Delay. Contractor shall provide written notice to the City in accordance with this Agreement if Contractor has, or should have, knowledge that an event has occurred which will delay completion of the Work. Failure to submit the notice of claim strictly in accordance with the provisions of this Agreement shall bar any claim of Contractor. 11. TERMINATION - This Agreement may be terminated with or without cause in accordance with the provisions below. Upon termination of this Agreement, however terminated, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, specifications and reports prepared or provided by or on behalf of Contractor in connection with this Agreement shall become the property of the City, whether the Work is completed or not, and shall be delivered to the City within fifteen (15) days of the receipt of notice of termination, however terminated. The City may withhold any payments due to Contractor until Contractor complies with the provisions of this Agreement. a. Without Cause. For and in consideration of $10.00, if the City determines that it is in its best interest to do so, the City may terminate this Agreement without cause upon thirty (30) days' written notice to Contractor. Any such termination shall be without any penalty or expense to the City. If the City terminates this Agreement pursuant to this subsection, Contractor shall promptly submit to the City its costs to be paid on work performed in accordance with the Contract Documents up to the time of termination. If Contractor has any property belonging to the City in its possession, Contractor shall account for the same and dispose of it as directed by the City or return it to the City. b. With Cause. The City may terminate this Agreement with cause at any time immediately upon written notice to Contractor, if: (1) Contractor fails to fulfill or abide by any of the terms or conditions specified in the Contract Documents; (2) Contractor fails to perform in the manner called for in the Contract Documents; or (3) Contractor does not provide services in accordance with the requirements of the specifications in the Contract Documents. In its sole discretion, the City may allow Contractor an appropriately short period of time in which to cure a defect in performance or non-performance. In such case, the City's written notice of termination to Contractor shall state the time period in which cure is permitted and other appropriate conditions, if applicable. Contractor may terminate this Agreement for cause if the City fails to fulfill or abide by any duties or conditions specified in the Contract Documents, provided that Contractor must first provide notice of the alleged breach to the City and give the City thirty (30) days' written notice to cure the alleged breach. If the City cures the alleged breach or is making a good faith effort to cure said breach during the thirty (30) day cure period, Contractor may not terminate this Agreement. In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of the Contract Documents, such waiver by the City shall only be valid if set forth in writing and shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract Documents. 19 12. REPROCUREMENT UPON TERMINATION - If this Agreement is terminated by the City for cause, in addition to all other remedies, Contractor shall be liable for all expenses incurred by the City in reprocuring elsewhere the same or similar items or services offered by Contractor. 13. NOTICE OF CLAIM — In the event that Contractor has any controversy, claim or dispute arising out of or related to the Contract Documents, whether such claim or dispute involves a claim by Contractor for additional time, delay, compensation for a change order, any increase in the Contract Total or extension of the Contract Time, or otherwise, Contractor shall present a written Notice of Claim to the City within five (5) days of Contractor's knowledge, whether actual or whether Contractor should have known, of the controversy, claim, dispute or the facts out of which the controversy, claim or dispute arises. This written Notice of Claim must specifically indicate, in bold type, on the face of the notice, that it is a Notice of Claim, and whether part of the dispute is over Contractor seeking additional time, compensation or both. Additionally, Contractor must set forth in the Notice of Claim the nature of the controversy, claim or dispute, including all necessary facts. Contractor shall provide to the City any documentation supporting Contractor's claim or position within twenty (20) days of providing the Notice of Claim. Contractor shall been deemed to have waived any claim which Contractor fails to present to the City within the time frames stated herein or in the manner provided in this subsection. Any change in the Contract Total or Contract Time, and any claim for additional compensation must be approved by the City Commission. Contractor shall not be entitled to any additional compensation, an increase in the Contract Total or an increase in the Contract Time unless and until approved by the City Commission. If Contractor proceeds with any work without said approval or without complying strictly with the procedures set forth in this subsection, it does so at its own risk. 14. INDEMNITY — Contractor agrees to assume liability for and indemnify, hold harmless, and defend the City, its commissioners, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorneys' fees in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, relief, or loss of use, arising out of the execution, performance, nonperformance, or enforcement of this Agreement, or resulting from activities in any way connected to this Agreement, whether or not due to or caused by the negligence of the City, its commissioners, mayor, officers, employees, agents and attorneys. Contractor's liability hereunder shall include all attorneys' fees and costs incurred by the City in the enforcement of this indemnification provision. This indemnification provision includes claims made by any employees of Contractor against the City and Contractor hereby waives its entitlement, if any, to immunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive the termination of this Agreement and shall not be limited by any amount of insurance required to be obtained or maintained under this Agreement. Nothing contained herein shall be construed as a waiver of any immunity or limitation of liability the City may be entitled to under the doctrine of sovereign immunity or Section 768,28, Florida Statutes. The obligations contained in this provision shall survive termination of this Agreement, however terminated, and shall not be limited by the amount of any insurance required to be obtained or maintained under this Agreement. 15. PUBLIC RECORDS — Pursuant to section 119.0701, Florida Statutes, for any tasks performed by Contractor on behalf of the City, Contractor shall: (a) keep and maintain all public records, as that term is defined in chapter 119, Florida Statutes ("Public Records"), required by the City to perform the work contemplated by this Agreement; (b) upon request from the City's custodian of public records, provide the City with a copy of the requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed 20 the costs provided in chapter 1 19, Florida Statutes, 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 for the duration of the term of this Agreement and following completion or termination of this Agreement, if Contractor does not transfer the records to the City in accordance with (d) below; and (d) upon completion or termination of this Agreement, (i) if the City, in its sole and absolute discretion, requests that all Public Records in possession of Contractor be transferred to the City, Contractor shall transfer, at no cost, to the City, all Public Records in possession of Contractor within thirty (30) days of such request or (ii) if no such request is made by the City, Contractor shall keep and maintain the Public Records required by the City to perform the work contemplated by this Agreement. If Contractor transfers all Public Records to the City pursuant to (d)(i) above, Contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements within thirty (30) days of transferring the Public Records to the City and provide the City with written confirmation that such records have been destroyed within thirty (30) days of transferring the Public Records. If Contractor keeps and maintains Public Records pursuant to (d)(ii) above, Contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology of the City. If Contractor does not comply with a Public Records request, or does not comply with a Public Records request within a reasonable amount of time, the City may pursue any and all remedies available in law or equity including, but not limited to, specific performance. IF THE CONTRACTOR 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: Telephone number: (727) 724-1555 x 1405 E-mail address: rtelescaAeityofsafetyharbor.com Mailing Address: 750 Main Street, Safety Harbor, Florida, 34695 16. INSURANCE — Before beginning any work under this Agreement, and until final acceptance of the Work by the City, the Contractor shall procure and maintain comprehensive general liability insurance, at Contractor's sole expense, with minimum limits of $500,000 per occurrence and $1,000,000 aggregate for bodily injury liability and minimum limits of $500,000 per occurrence and $1,000,000 aggregate for property damage liability. The City shall be named as an additional insured on all such policies. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office. Proof of insurance, including a certificate of insurance showing the City as an additional insured on all required policies, must be provided to the City prior to beginning any work under this Agreement. 17. ASSIGNMENT — The rights and obligations of Contractor may not be transferred, assigned, sublet, mortgaged, pledged or otherwise disposed of'or encumbered in any way without the City's prior written consent. Contractor may subcontract a portion of its obligations to other firms or parties but only after having first obtained the written approval of the subcontractor by the City. If Contractor's assignee or subcontractor fails to perform in accordance with the terms of 21 its assignment or subcontract, Contractor shall complete or pay to have completed the work which the assignee or subcontractor failed to complete at no additional cost to the City. In the event of any noncompliance by any assignee or subcontractors, Contractor shall be directly and wholly responsible for the noncompliance of its assignee or subcontractor and shall bear all attributable costs. Notwithstanding the foregoing, the City may assign its rights and obligations under the Contract Documents to any successor to the rights and functions of the City or to any governmental agency to the extent required by applicable laws or governmental regulations or to the extent the City deems necessary or advisable under the circumstances. 18. ATTORNEY'S FEES — In the event of legal action or other proceeding arising under this Agreement, the City shall be entitled to recover from Contractor all its reasonable attorneys' fees and costs incurred by the City in the prosecution or defense of such action, or in any post - judgment or collection proceedings and whether incurred before suit, at the trial level or at the appellate level. This shall include any bankruptcy proceedings. The City also shall be entitled to recover any reasonable attorneys' fees and costs incurred in litigating the entitlement to attorneys' fees and costs, as well as in determining the amount of attorneys' fees and costs due to the City. The reasonable costs to which the City will be entitled include costs that are taxable under any applicable statute, rule, or guideline, as well as costs of investigation, copying costs, electronic discovery costs, mailing and delivery charges, costs of conducting legal research, consultant and expert witness fees, travel expenses, court reporter fees and mediator fees, regardless of whether such costs are taxable under any applicable statue, rule or guideline. 19. NOTICES -- All notices required or made pursuant to this Agreement shall be made in writing and sent by certified U.S. Mail, return receipt requested, addressed to the following: if to the City: If to Contractor: Matthew Spoor, City Manager City of Safety Harbor 750 Main Street Safety Harbor, FL 34695 With required copy to: Nikki C. Day, B.C.S. Bryant Miller Olive P.A. One Tampa City Center, Suite 2700 Tampa, FL 33602 Attn: Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this section. 20. ENTIRE AGREEMENT — The Contract Documents set forth the entire agreement between the Parties with respect to the subject matters covered by this Agreement and supersede all previous written or oral negotiations, agreements, bids, and/or understandings. There are no understandings, representations, warranties, or agreements with respect to the subject matter hereof unless set for explicitly in this Agreement. 22 21. MODIFICATIONS - This Agreement may not be amended or modified except in writing, executed by the Parties. 22. NO THIRD PARTY BENEFICIARIES - This Agreement is entered into solely for the benefit of the Parties and shall not be construed as a benefit to any third parties, including but not limited to the general public, constituents or citizens of the City, nor shall it be construed as enforceable by any third parties 23. CONTROLLING LAW AND VENUE — The Contract Documents shall be construed by and controlled under the laws of the State of Florida. The Parties consent to jurisdiction over them and agree that venue for any state action arising under the Contract Documents shall lie solely in the courts located in Pinellas County, Florida and for any federal action shall lie solely in the United States District Court, Middle District of Florida, Tampa Division. 24. WAIVER - No waiver of any default or failure to perform shall be valid unless set forth in writing by the waiving party and shall not constitute a waiver of any other default or failure to perform under the Contact Documents, or of any rights or remedies to which either party may be entitled to on account of any such default or failure to perform. 25. HEADINGS AND SECTION REFERENCES - The headings and section references in this Agreement are inserted only for the purpose of convenience and shall not be construed to expand or limit the provisions contained in such sections. 26. MUTUAL DRAFTING - This Agreement is the product of mutual drafting, each party having been represented by or having the opportunity to be represented by counsel, and therefore shall not he construed against either party. 27. SEVERABILITY — If any one or more of the provisions of the Contract Documents shall be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby and the Contract Documents shall be treated as though that portion had never been a part thereof. 28. AUTHORIZATION — The Parties represent and warrant that each are authorized to enter into this Agreement without the consent and joinder of any other party and that the individuals executing this Agreement have full power and authority to bind their respective parties to the terms hereof. 29. COUNTERPARTS- This Agreement may be executed in one or more counterparts, any one of which need not contain the signatures of more than one party, but all such counterparts taken together will constitute one and the same instrument. 30. ELECTRONIC SIGNATURES- This Agreement may be executed by electronic signature technology and such electronic signature shall act as the Parties' legal signatures on this Agreement and shall be treated in all respects as an original handwritten signature. IN WITNESS THEREOF, Contractor and the City have executed and delivered this Agreement as of the Effective Date. 23 CITY OF SAFETY HARBOR, FLORIDA By: Print Name: Title: Attest: City Clerk Approved as to form: City Attorney Agreed to and accepted by: Signed in the presence of CONTRACTOR Printed Name: Printed Name: By: Print Name: Title: 24 APPENDIX C CITY OF SAFETY HARBOR, FLORIDA PROPOSAL FORM SAFETY HARBOR IMPACT FEE UPDATE STUDY RFP NO. 2022-02 Firm Name Horne Office Address City, State Telephone Number Address: Branch office servicing City of Safety Harbor (other than above) Name, Title & Telephone No. of Contact Representative for City The undersigned attests to his (her, their) authority to submit this Proposal and to bind the firm herein named to perform as per contract, if the firm is awarded the contract by the City. Signature Witness Signature Typed Name & Title of Above Signatory Witness Signature 25 APPENDIX D CITY OF SAFETY HARBOR, FLORIDA SAFETY HARBOR IMPACT FEE STUDY RFP NO. 2022-02 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THE FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS, 1. This sworn statement is submitted to (Print name of the public entity) by (Print individual's name and title) for (Print name of entity submitting sworn statement) whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (lf the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement). 2. I understand that a "public entity crime" as defined in Paragraph 287.133(I)(g), Florida Statutes, means a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States including, but not limited to, any bid proposal, reply or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one (1) person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under the arm's length agreement, shall be a prima facie case that one (1) person controls another person. A person who knowingly enters into a joint venture with a person who has 26 been convicted of a public crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of the entity. 6. Based upon information and belief, the statement, which 1 have marked below, is true in relation to the entity submitting this sworn statement (indicate which statement applies). Neither the entity submitting this sworn statement nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of this entity nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement or one (I) or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of this entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting the sworn statement or one (1) or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of this entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Office of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THE PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDER YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OR ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before by means of ( ) physical presence or ( ) online notarization, this day of , 2022, by , who ( ) is personally known to the or ( ) produced as identification. Notary Public My commission expires: 27 APPENDIX B AGREEMENT This Agreement ("Agreement") is entered into on thisLilr'day of (Wt.-, 2022 by and between the City of Safety Harbor, Florida, a municipal corporation whose address is 750 Main Street, Safety harbor, Florida 34695 (the "City") and , a with its principal place of business located at -1-11 S 1-1 a. - l,7 a r I's 1 at•viL Q1 velt . S -1-e_. tvQQ ("Contractor")(collectively "the Parties"). Tampa-, FL WHEREAS, the City issued a request for proposals, RFP 2022-02, from interested parties regarding the Safety Harbor Impact Fee Update Study on lioi2z..(the "RFP"); and WHEREAS, the Contractor timely submitted a response to the RFP on 9 Iijj2Z 2022 (the "Contractor's Response"); and WHEREAS, the City Commission awarded this Agreement to the Contractor at its duly held public meeting on OCR l.,.e - 11, , 2022 (the "Effective Date") for an amount not to exceed $ ye1 > '301" (the "Contract Total"); and WHEREAS, the Parties wish to memorialize the terms and conditions of their agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. RECITALS - The above recitals are true and accurate and incorporated into this Agreement by reference. 2. DOCUMENTS - "Contract Documents" shall mean and refer to this Agreement, the RFP, and any exhibits attached thereto including all duly executed addenda (collectively attached hereto as Exhibit "A"), and Contractor's Response (attached as Exhibit "B"). All of the foregoing documents are incorporated herein by reference and made a part of this Agreement. In interpreting the Contract Documents and resolving any ambiguities or conflicts between the Contract Documents, this Agreement shall control, followed by Exhibit A, and finally Exhibit B. 3. CONTRACT TERM - The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until the Work (as defined below) is fully and finally completed to the satisfaction of the City (the "Contract Term"). 4. CONTRACT TIME. Contractor shall begin Work upon the City issuing the Purchase Order or a "Notice to Proceed" to Contractor and shall perform the Work in accordance with the Time Schedule set forth in the RFP ("Contract Time"). 5. SCOPE OF WORK - Contractor shall perforrn all work and services set forth in the RFP in accordance with all specifications, requirements, and conditions set forth in the Contract Documents (the "Work"). Contractor acknowledges that it has read all specifications for the Work and understands them. The Parties acknowledge and agree that the scope of services for the Work is a general guide of the minimum requirements and is not intended to be a complete or comprehensive list of all requirements necessary to complete the Work. Contractor shall provide 16 services of first quality, and all Work must be in accordance with customary standards of the various trades and industries involved in the Work. Contractor shall enforce strict discipline and good order among its employees, subcontractors, representatives, agents, and any others carrying out the Work. Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. The City will communicate directly with Contractor and shall have no authority to direct, oversee, or instruct Contractor's employees, subcontractors, or materialmen, or any other individuals performing work on the Work. The City specifically reserves the right to contract with other entities for the Work described in the Contract Documents or for similar work if it deems, in its sole and absolute discretion, such action to be in the City's best interest. 6. COMPLIANCE WITH LAWS - Contractor shall be solely responsible for compliance with alt federal, state, county, and local laws, rules and/or regulations, and lawful orders of public authorities including those set forth in this Agreement and that, in any manner, could bear on the Work and Contractor's services under the Contract Documents. Omission of any applicable laws, ordinances, rules, regulations, standards or orders from the Contract Documents shall not relieve Contractor of its obligations to comply with all laws fully and completely. Upon request, Contractor shall furnish to the City certificates of compliance with all such laws, orders and regulations. Contractor shall be responsible for obtaining all necessary permits and licenses required for performance and completion of the Work. 7. CHANGES TO WORK — The Contract Documents may only be modified by written agreement of the Parties. The City Manager, or his designee, is authorized to make changes to this Agreement, but only if such change is in writing, is within the scope of the Work, and does not serve to increase the Contract Total, the Contract Time, or change the scope of services. If any change would cause an increase or decrease in the Contract Total or Contract Time, Contractor shall notify the City within ten (10) days in writing. In the case of an increase to the Contract Total or Contract Time, the written notice shall state in all capital, bold letters that the City's written order would result in an increase in the Contract Total and/or Contract Time and shall include a statement outlining the reasons for the change, a complete description of the change, and a detailed description of products to be purchased and any back-up detail and documentation supporting the request. Such notice must be submitted and approved by the City Commission at a duly noticed public meeting prior to performing any work or incurring any costs for any work contemplated by a change which would increase the Contract Total or Contract Time. Contractor shall not be entitled to any compensation for such work unless and until approved by the City Commission. Notwithstanding the foregoing, nothing in this clause shall excuse Contractor from proceeding with the Agreement except for those changes which would increase the Contract Total. Any instructions, written or oral, given to Contractor by someone other than the City Manager that represent a change in the work related to the Work or any of its terms, will not be considered as an authorized change. If Contractor proceeds with additional work prior to such approval or without providing the notice required herein strictly in accordance with the terms of this subsection, Contractor shall not receive any compensation for such work. 8. PAYMENT -- In consideration of Contractor's faithful performance of the Work, the City agrees to pay Contractor up to the Contract Total for work performed in accordance with this Agreement. All invoices shall be submitted in accordance with the Florida Prompt Payment Act, section 218.74, Florida Statutes. All payments shall be due on the date established by the Florida Prompt Payment Act. In the event of a disputed invoice, only that portion so contested will be withheld from payment and the undisputed portion shall be due and payable on the terns set forth herein. The City is tax exempt and will provide its tax exempt certificate upon request. I7 9. NON -APPROPRIATION - In the event the City, in its sole discretion, determines that sufficient budgeted funds are not available to appropriate for payments due to Contractor under this Agreement, the City shall notify Contractor of such occurrence and this Agreement shall terminate on the last day of the current fiscal period without any penalty or expense to the City. 10. DELAY IN PERFORMANCE — Time is of the essence. If the Work and all deliverables associated therewith are not received on time, the City may cancel the unfilled portion of this Agreement for cause, purchase substitute requirements elsewhere, and recover from Contractor any increased costs and damages thereby incurred by the City. Notwithstanding the foregoing, the City may, in its sole discretion, suspend the work or any portion thereof by written notice to Contractor. if such suspension would cause a delay in performance, Contractor shall provide notice to the City in accordance with subsection (d) below. a. Force Majeure. Neither party shall be liable for its non-performance or delayed performance if caused by Force Majeure. Force Majeure shall be defined as a fire, flood, act of God, war, terrorism, riot, national emergency, sabotage, civil disturbance, strike, labor dispute, pandemic, epidemic, govermnental act, law, ordinance, rule, order or regulation, or events which are not the fault or are beyond the control of the party, provided that the Parties stipulate that Force Majeure shall not include the novel coronavirus Covid-19 pandemic which is ongoing as of the date of the execution of this Agreement. For the avoidance of doubt, Force Majeure shall not include (1) financial distress or the inability of either party to make a profit or avoid a financial Toss; (2) changes in market prices or conditions; or (3) a party's financial inability to perform its obligations hereunder. The obligations of the party affected by the event of Force Majeure (the "Affected Party") shall be suspended, to the extent that those obligations are affected by the event of Force Majeure, from the date the Affected Party first gives notice in respect of that event of Force Majeure until cessation of that event of Force Majeure (or the consequences thereof). The Affected Party shall use commercially reasonable efforts to resume, with the shortest possible delay, compliance with obligations under this Agreement. Upon the cessation of the event of Force Majeure, the Affected Party shall promptly give notice to the other party of such cessation. If an event of Force Majeure shall continue for more than thirty (30) consecutive calendar days, then the other party shall have the right to terminate this Agreement without penalty. b. Unavoidable Delay. If the work on the Work is unavoidably delayed and Contractor has provided notice in accordance with subsection (d) below, the City may, in its sole discretion, extend the time for completion for a determined number of days of excusable delay. A delay is unavoidable only if the delay was not reasonably expected to occur in connection with or during Contractor's performance; was not caused directly or substantially by negligent errors, omissions, or mistakes of Contractor, its subcontractors, or its suppliers or their agents; was substantial; and, in fact, caused Contractor to miss delivery dates and could not adequately have been guarded against. No extension of work shall extend the Contract Time, unless set forth in writing and approved by the City Commission. c. No Damages for Delay. Contractor shall not be entitled to any claim for damages on account of hindrances or delays in the work from any cause whatsoever, including any delays or hindrances caused by the City. This paragraph shall include, l8 but not be limited to, any actions which result in delays in scheduling, changes to the Work, or increases in the costs of performing the work under the Contract Documents. d. Notification of Delay. Contractor shall provide written notice to the City in accordance with this Agreement if Contractor has, or should have, knowledge that an event has occurred which will delay completion of the Work. Failure to submit the notice of claim strictly in accordance with the provisions of this Agreement shall bar any claim of Contractor. 11. TERMINATION - "Phis Agreement may be terminated with or without cause in accordance with the provisions below. Upon termination of this Agreement, however terminated, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, specifications and reports prepared or provided by or on behalf of Contractor in connection with this Agreement shall become the property of the City, whether the Work is completed or not, and shall be delivered to the City within fifteen (15) days of the receipt of notice of termination, however terminated. The City may withhold any payments due to Contractor until Contractor complies with the provisions of this Agreement. a. Without Cause. For and in consideration of $l 0.00, if the City determines that it is in its best interest to do so, the City may terminate this Agreement without cause upon thirty (30) days' written notice to Contractor. Any such termination shall be without any penalty or expense to the City. If the City terminates this Agreement pursuant to this subsection, Contractor shall promptly submit to the City its costs to be paid on work performed in accordance with the Contract Documents up to the time of termination. If Contractor has any property belonging to the City in its possession, Contractor shall account for the same and dispose of it as directed by the City or return it to the City. b. With Cause. The City may terminate this Agreement with cause at any time immediately upon written notice to Contractor, if: (I) Contractor fails to fulfill or abide by any of the terms or conditions specified in the Contract Documents; (2) Contractor fails to perform in the manner called for in the Contract Documents; or (3) Contractor does not provide services in accordance with the requirements of the specifications in the Contract Documents. In its sole discretion, the City may allow Contractor an appropriately short period of time in which to cure a defect in performance or non-performance. In such case, the City's written notice of termination to Contractor shall state the time period in which cure is permitted and other appropriate conditions, if applicable. Contractor may terminate this Agreement for cause if the City fails to fulfill or abide by any duties or conditions specified in the Contract Documents, provided that Contractor must first provide notice of the alleged breach to the City and give the City thirty (30) days' written notice to cure the alleged breach. If the City cures the alleged breach or is making a good faith effort to cure said breach during the thirty (30) day cure period, Contractor may not terminate this Agreement. In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of the Contract Documents, such waiver by the City shall only be valid if set forth in writing and shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of the Contract Documents. 19 12. REPROCUREMENT UPON TERMINATION - if this Agreement is terminated by the City for cause, in addition to all other remedies, Contractor shall be liable for all expenses incurred by the City in reprocuring elsewhere the same or similar items or services offered by Contractor. 13. NOTICE OF' CLAIM — In the event that Contractor has any controversy, claim or dispute arising out of or related to the Contract Documents, whether such claim or dispute involves a claim by Contractor for additional time, delay, compensation for a change order, any increase in the Contract Total or extension of the Contract Time, or otherwise, Contractor shall present a written Notice of Claim to the City within five (5) days of Contractor's knowledge, whether actual or whether Contractor should have known, of the controversy, claim, dispute or the facts out of which the controversy, claim or dispute arises. This written Notice of Claim must specifically indicate, in bold type, on the face of the notice, that it is a Notice of Claim, and whether part of the dispute is over Contractor seeking additional time, compensation or both. Additionally, Contractor must set forth in the Notice of Claim the nature of the controversy, claim or dispute, including all necessary facts. Contractor shall provide to the City any documentation supporting Contractor's claim or position within twenty (20) days of providing the Notice of Claim. Contractor shall been deemed to have waived any claim which Contractor fails to present to the City within the time frames stated herein or in the manner provided in this subsection. Any change in the Contract Total or Contract Time, and any claim for additional compensation must be approved by the City Commission. Contractor shall not be entitled to any additional compensation, an increase in the Contract Total or an increase in the Contract Time unless and until approved by the City Commission. If Contractor proceeds with any work without said approval or without complying strictly with the procedures set forth in this subsection, it does so at its own risk. 14. INDEMNITY — Contractor agrees to assume liability for and indemnify, hold harmless, and defend the City, its commissioners, mayor, officers, employees, agents, and attorneys of, from, and against all liability and expense, including reasonable attorneys' fees in connection with any and all claims, demands, damages, actions, causes of action, and suits in equity of whatever kind or nature, including claims for personal injury, property damage, relief, or loss of use, arising out of the execution, performance, nonperformance, or enforcement of this Agreement, or resulting from activities in any way connected to this Agreement, whether or not due to or caused by the negligence of the City, its commissioners, mayor, officers, employees, agents and attorneys. Contractor's liability hereunder shall include all attorneys' fees and costs incurred by the City in the enforcement of this indemnification provision. This indemnification provision includes claims made by any employees of Contractor against the City and Contractor hereby waives its entitlement, if any, to irnrnunity under Section 440.11, Florida Statutes. The obligations contained in this provision shall survive the termination of this Agreement and shall not be limited by any amount of insurance required to be obtained or maintained under this Agreement. Nothing contained herein shall be construed as a waiver of any immunity or limitation of liability the City may be entitled to under the doctrine of sovereign immunity or Section 768.28, Florida Statutes. The obligations contained in this provision shall survive termination of this Agreement, however terminated, and shall not be limited by the amount of any insurance required to be obtained or maintained under this Agreement. 15. PUBLIC RECORDS — Pursuant to section 119.0701, Florida Statutes, for any tasks performed by Contractor on behalf of the City, Contractor shall: (a) keep and maintain all public records, as that term is defined in chapter 119, Florida Statutes ("Public Records"), required by the City to perform the work contemplated by this Agreement; (b) upon request from the City's custodian of public records, provide the City with a copy of the requested Public Records or allow the Public Records to he inspected or copied within a reasonable time at a cost that does not exceed 20 the costs provided in chapter 119, Florida Statutes, 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 for the duration of the term of this Agreement and following completion or termination of this Agreement, if Contractor does not transfer the records to the City in accordance with (d) below; and (d) upon completion or termination of this Agreement, (i) if the City, in its sole and absolute discretion, requests that all Public Records in possession of Contractor be transferred to the City, Contractor shall transfer, at no cost, to the City, all Public Records in possession of Contractor within thirty (30) days of such request or (ii) if no such request is made by the City, Contractor shall keep and maintain the Public Records required by the City to perform the work contemplated by this Agreement. If Contractor transfers all Public Records to the City pursuant to (d)(i) above, Contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements within thirty (30) days of transferring the Public Records to the City and provide the City with written confirmation that such records have been destroyed within thirty (30) days of transferring the Public Records. If Contractor keeps and maintains Public Records pursuant to (d)(ii) above, Contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology of the City. If Contractor does not comply with a Public Records request, or does not comply with a Public Records request within a reasonable amount of time, the City may pursue any and all remedies available in law or equity including, but not limited to, specific performance. IF THE CONTRACTOR 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: Telephone number: (727) 724-1555 x 1405 E-mail address: rtelescaAcityofsafetyharbor.com Mailing Address: 750 Main Street, Safety Harbor, Florida, 34695 16. INSURANCE — Before beginning any work under this Agreement, and until final acceptance of the Work by the City, the Contractor shall procure and maintain comprehensive general liability insurance, at Contractor's sole expense, with minimum limits of $500,000 per occurrence and $1,000,000 aggregate for bodily injury liability and minimum limits of $500,000 per occurrence and $1,000,000 aggregate for property damage liability. The City shall be named as an additional insured on all such policies. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office. Proof of insurance, including a certificate of insurance showing the City as an additional insured on all required policies, must be provided to the City prior to beginning any work under this Agreement. 17. ASSIGNMENT — The rights and obligations of Contractor may not be transferred, assigned, sublet, mortgaged, pledged or otherwise disposed of or encumbered in any way without the City's prior written consent. Contractor may subcontract a portion of its obligations to other firms or parties but only alter having first obtained the written approval of the subcontractor by the City. If Contractor's assignee or subcontractor fails to perform in accordance with the terms of 21 its assignment or subcontract, Contractor shall complete or pay to have completed the work which the assignee or subcontractor failed to complete at no additional cost to the City. In the event of any noncompliance by any assignee or subcontractors, Contractor shall be directly and wholly responsible for the noncompliance of its assignee or subcontractor and shall bear all attributable costs. Notwithstanding the foregoing, the City may assign its rights and obligations under the Contract Documents to any successor to the rights and functions of the City or to any governmental agency to the extent required by applicable laws or governmental regulations or to the extent the City deems necessary or advisable under the circumstances. 18. ATTORNEY'S FEES — In the event of legal action or other proceeding arising under this Agreement, the City shall be entitled to recover from Contractor all its reasonable attorneys' fees and costs incurred by the City in the prosecution or defense of such action, or in any post - judgment or collection proceedings and whether incurred before suit, at the trial level or at the appellate level. This shall include any bankruptcy proceedings. The City also shall be entitled to recover any reasonable attorneys' fees and costs incurred in litigating the entitlement to attorneys' fees and costs, as well as in determining the amount of attorneys' fees and costs due to the City. The reasonable costs to which the City will be entitled include costs that are taxable under any applicable statute, rule, or guideline, as well as costs of investigation, copying costs, electronic discovery costs, mailing and delivery charges, costs of conducting legal research, consultant and expert witness fees, travel expenses, court reporter fees and mediator fees, regardless of whether such costs are taxable under any applicable statue, rule or guideline. 19. NOTICES — All notices required or made pursuant to this Agreement shall be made in writing and sent by certified U.S. Mail, return receipt requested, addressed to the following: Ii'to the City: Matthew Spoor. City Manner City of Safety Harbor 750 Main Street Safety Harbor, FL 34695 With required copy to: Nikki C. Day, R.C.S. Bryant Miller Olive P.A. One Tampa City Center, Suite 2700 Tampa, FL 33602 Attn: If to Contractor: 4dKuJ �t�rPl h 777 tte,r - Ie.4.J ( FL_ 3(41z Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of -this section. 20. ENTIRE AGREEMENT — The Contract Documents set forth the entire agreement between the Parties with respect to the subject matters covered by this Agreement and supersede all previous written or oral negotiations, agreements, bids, and/or understandings. There are no understandings, representations, warranties, or agreements with respect to the subject matter hereof unless set for explicitly in this Agreement. 22 21. MODIFICATIONS - This Agreement may not be amended or modified except in writing, executed by the Parties. 22. NO THIRD PARTY BENEFICIARIES - This Agreement is entered into solely for the benefit of the Parties and shall not be construed as a benefit to any third parties, including but not limited to the general public, constituents or citizens of the City, nor shall it be construed as enforceable by any third parties 23. CONTROLLING LAW AND VENUE — The Contract Documents shall be construed by and controlled under the laws of the State of Florida. The Parties consent to jurisdiction over them and agree that venue for any state action arising under the Contract Documents shall lie solely in the courts located in Pinellas County, Florida and for any federal action shall lie solely in the United States District Court, Middle District of Florida, Tampa Division. 24. WAIVER - No waiver of any default or failure to perform shall be valid unless set forth in writing by the waiving party and shall not constitute a waiver of any other default or failure to perform under the Contact Documents, or of any rights or remedies to which either party may be entitled to on account of any such default or failure to perform. 25. HEADINGS AND SECTION REFERENCES - The headings and section references in this Agreement are inserted only for the purpose of convenience and shall not be construed to expand or limit the provisions contained in such sections. 26. MUTUAL DRAFTING - This Agreement is the product of mutual drafting, each party having been represented by or having the opportunity to be represented by counsel, and therefore shall not be construed against either party. 27. SEVERABILITY — If any one or more of the provisions of the Contract Documents shall be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby and the Contract Documents shall be treated as though that portion had never been a part thereof. 28. AUTHORIZATION — The Parties represent and warrant that each are authorized to enter into this Agreement without the consent and joinder of any other party and that the individuals executing this Agreement have full power and authority to bind their respective parties to the terms hereof. 29. COUNTERPARTS- This Agreement may be executed in one or more counterparts, any one of which need not contain the signatures of more than one party, but all such counterparts taken together will constitute one and the same instrument. 30. ELECTRONIC SIGNATURES- This Agreement may be executed by electronic signature technology and such electronic signature shall act as the Parties' legal signatures on this Agreement and shall be treated in all respects as an original handwritten signature. IN WITNESS THEREOF, Contractor and the City have executed and delivered this Agreement as of the Effective Date. 23 CITY OF SAF1 ! LIAR LOI DA By: Print Name: Title:.. Attest: CityCei Approved as to form: ► �' City Agreed to and accepted by: Signed in the presence of of Printed Name: r / revra✓a Printed Name: e e_sc_ CONTRACTOR By: Print Name: 4 dez44/ 6'L4r,Jr.►/vt Title: L/ 141/445.1 . ' 24 APPENDIX C CITY OF SAFETY HARBOR, FLORIDA PROPOSAL FORM SAFETY HARBOR IMPACT FEE UPDATE STUDY RFP NO. 2022-02 Stantec Consulting Services Inc. Firm Name 10220 103 Ave NW Suite 400 Home Office Address Edmonton, AB T5J OK4, Canada 813-223-9500 City, State Telephone Number 777 S. Harbour Island Blvd., Suite 600, Tampa, FL 33602-5729 Address: Branch office servicing City of Safety Harbor (other than above) Andrew J. Burnham, Vice President 904-631-5109 Name, Title & Telephone No. of Contact Representative for City The undersigned attests to his (her, their) authority to submit this Proposal and to bind the firm herein named to perform as per contract, if the firm is awarded the contract by the City. Signature Andrew J. Burnham, Vice President Typed Name & Title of Above Signatory 25 Witness Signature Wit'n ss Signature APPENDIX D CITY OF SAFETY HARBOR, FLORIDA SAFETY HARBOR IMPACT FEE STUDY RFP NO. 2022-02 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THE FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Safety Harbor, Florida (Print name of the public entity) by Andrew J. Burnham, Vice President (Print individual's name and title) for Stantec Consulting Services Inc. (Print name of entity submitting swam statement) whose business address is 777 S, Harbour Island Blvd., Suite 600 Tampa, FL 33602-5729 and (if applicable) its Federal Employer Identification Number (FEIN) is 11-2167170 (If the entity has no FEIN. include the Social Security Number of the individual signing this sworn statement) 2. t understand that a "public entity crime" as defined in Paragraph 287.133(I)(g), Florida Statutes. means a violation of any State or Federal law by a person with respect to and directly related to the transaction of' business with any public entity or with an agency or political subdivision of any other state or with the United States including. but not limited to, any bid proposal, reply or contract for goods or services, any lease for real property. or any contract for the construction or repair of a public building or public work, involving antitrust. fraud, theft, bribery, collusion. racketeering, conspiracy or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(I)(b), Florida Statutes, means a finding of guilt or a conviction of public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an affiliate. The ownership by one (1) person of shares constituting a controlling interest In another person, or a pooling of equipment or income among persons when not for fair market value under the arm's length agreement, shall be a prima facie case that one (I) person controls another person. A person who knowingly enters into a joint venture with a person who has 26 been convicted of a public crime in Florida during the preceding thirty-six (36) months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes. means any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of the entity. 6. Based upon information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement (indicate which statement applies). x Neither the entity submitting this sworn statement nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of this entity nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement or one (1) or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of this entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting the sworn statement or one (1) or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of this entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Office of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THE PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID 'THROUGH DECEMBER 31 OF THE CALENDER YEAR IN WHICH IT IS FILED. 1 ALSO UNDERSTAND THAT 1 AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES. FOR CATEGORY TWO OR ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Signature STATE OF FLORIDA COUNTY OF ij ;11Sbflrc)N•4 The foregoing instrument was acknowledged before by means of (V) physical presence or ( ) online notarization. this _ sr lay of5vitAK2022, by-A_ftdf-t_uo___33sLLj 2, _. who (i., .----- ,js.personaliy knQj nJn nir,or (__. J produced as identification. 27 Notary Public My commission expires: City of F;' CITY OF SAFETY HARBOR (THE CITY) SAFETYIIARB i 'r�1 ` SAFETY HARBOR, FLORIDA N..-.r1,AUnd{Yvm„ Flori SOLICITATION, OFFER AND AWARD FORM REQUEST FOR PROPOSAL (RFP) 1. SOLICITATION #: RFP-2022-02 4. BRIEF DESCRIPTION: Impact Fee Update Study 2. ISSUE DATE: 10/17/22 3. FOR INFORMATION CONTACT: NAME: Marcie Stenmark, AICP Community Development Director PHONE: 727-724-1555 FAX: 727-724-1566 E-MAIL: mstenmark@cityofsafetyharbor.com 5. CONFERENCE: None LOCATION: DATE AND TIME: 6. SUBMIT OFFER TO THE FOLLOWING ADDRESS: City of Safety Harbor 750 Safe S ar Safety Harbor, Florida 34695 RFP 2022-02 Attn: Marcie Stenmark, Planning Dept. 7. OFFER SUBMISSION DUE DATE AND TIME: Up to 3:00 PM, Eastern Standard Time, on Monday, September 19, 2022 8. SUBMIT WITH OFFER: AS STATED IN THE RFP 9. Offers will be not be publicly opened. 10. FIRM OFFER PERIOD: Offers shall remain firm for a period of 180 calendar days from the date specified in Block 7, above. 11. This solicitation and any resulting contract, respectively, consists of this Form and the exhibits and documents designated with a symbol • on Page 2 of this form. OFFER - (To be completed by Offeror) 12. DISCOUNT FOR PROMPT PAYMENT: NOT APPLICABLE 13. If this offer is accepted within the period specified in Block 10, above, the offeror agrees to fully provide the goods and/or services covered by this solicitation at the prices and timelines specified in the solicitation. 14. ACKNOWLEDGEMENT OF AMENDMENTS: The offeror acknowledges receipt of the following solicitation amendments (write in all amendment numbers and amendment dates. Amendment Number and Date Amendment Number and Date Amendment Number and Date 15. OFFEROR'S NAME AND ADDRESS: Stantec 777 S. Harbor Island Blvd., Ste. 600 Tampa, FL 33602 16. NAME AND TITLE OF OFFEROR'S REPRESENTATIVE (PERSON AUTHORIZED TO EXECUTE CONTRACTS): Andrew J. Burnham, Vice President TELEPHONE: 904-631-5109 E-MAIL: Andrew.burnham@stantec.com 17. OFFEROR'S REPRESENTATIVE SIGNATURE & DATE: CELL PHONE: 904-631-5109 FAX: -15 ---/V_____ !/ Q(zr/&z, AWARD - (To he completed by City) 18. ACCEPTED AS TO: RFP 2022-02 19. TOTAL AMOUNT OF AWARD: $49,307 j 20. CONTRACT NUMBER: 2022-02 21. SIGNATURE ONT C ARD ATE: Signature: At est: Date rJ/ IA/ ( . _ e oub, ay r Approved As to Form: 3 hael Telesca, Cit City Atto e Clerk Form Revised 9/06/2018 Page 1 of 1 Solicit on, Offer and Award Form Impact Fee Study Due: September 19, 2022 RIF Contents Introduction 1 Company Background 2 Part A: Project Approach 4 Detailed Task Plan 5 Task 1: initiate the Project, Obtain and Review Relevant Data to Update Each Fee 5 Task 2: Calculate Impact Fees 5 Task 3: Prepare Draft Memo and Workshop Presentation 6 Task 4: Prepare Final Report and Impact Fee Schedules 6 Task 5: Prepare Final Presentation for City Commission 6 Task 6: Assist in Preparation of an Impact Fee Ordinance 6 Part B: Why Stantec? 7 Part C: Project Team and Experience 8 Part D: Time Schedule 14 Part E: Fee Proposal 15 Part F: Modifications 18 Part G: Back -Up Information 19 Part H: Required Forms 20 City of Safety Harbor, FL 1 Safety Harbor Impact Fee Update Study Stantec 1 Introduction / Company Background Stantec September 19, 2022 City of Safety Harbor Attn: Purchasing RE: RFP NO. 2022-02 SAFETY HARBOR IMPACT FEE UPDATE STUDY Dear Members of the Selection Committee: We are pleased to submit the enclosed proposal to provide a Comprehensive Impact Fee Update Study for the City of Safety Harbor (City). Our team has the experience, expertise, and availability to conduct this study, and we look forward to the opportunity to work with you. Stantec's Financial Services Practice includes 35+ professionals with a range of experience in the municipal financial sector, totaling over 400 years of experience. We have completed well over 1,500 financial planning and fee studies for communities around the country, including more than 130 agencies !n Florida. This combination of diverse backgrounds and experiences has made us who we are today — a trusted source in providing independent and objective financial management services to nearly 400 local governments across the Country. This knowledge sharing and expertise will be brought to you as well. You can be assured that our team will develop comprehensive and balanced solutions tailored for your situation. Proven Record with Safety Harbor. Our team successfully completed the City's most recent water, wastewater, stormwater, and solid waste rate studies. As a direct result of these efforts, the City adopted and implemented the recommended rate structure and multi -year plan of rate adjustments to ensure the financial sustainability of these systems that provide critical services to the City. In fact, our Project Director (Andrew Burnham) served as the Project Manager for the City's 2006 water, wastewater, and sanitation rate studies! As such, we have a tremendous amount of history and knowledge about the City's various utility enterprise funds. Equally as Our Coma -diluent important is that we have established a tremendous amount of We are committed to completing the Impact credibility and trust throughout all levels of the City in our people, Fee Study within the allotted time frame as process, interactive modeling tools, and deliverables. Our core outlined in the RFP. We have dedicated project team including our Project Director, Project Manager, and experienced professionals to this important Project Consultants have been serving the City in these types of study such that the schedule will be met while maintaining our high professional studies since 2016, providing continuity and intimate knowledge standards. of the City's data, policies, practices, stakeholders, and objectives. Our breadth of local and national experience and our interactive modeling process are a unique combination. Our team provides the City with: ✓ Nationally recognized stature in general government financial services ✓ Experience with rate, fee, assessment, and financial management practices in Florida ✓ A powerful, easy -to -understand, and customized Microsoft Excel -based modeling system ✓ Trust and credibility within the community and unique understanding of available data and prior studies ✓ Excellence in stakeholder education and public engagement ✓ Commitment and availability of resources to complete the study in a timely fashion City of Safety Harbor, FL 1 Safety Harbor Impact Fee Update Study Stantec 2 We look forward to the opportunity to continue working with the City. The proposal herein includes the information requested by the RFP. Please contact us if you have any additional questions. Best Regards, Andrew Burnham Vice President / Director of Management Consulting City of Safety Harbor, FL I Safety Harbor Impact Fee Update Study Stantec 3 Part A: Project Approach We have developed a thorough and effective approach to the development and review of impact fees. Our understanding of impact fee State Statutes, "case law" and Growth Management legislation will provide the City with the essentials to establish accurate sanitation, public safety, library, park, and parkland impact fees. When developing an impact fee program, there are many issues to consider: Impact fees have both financial and legal implications and the approach used for each category of impact fee must be determined after a thorough investigation of acceptable methodologies. We believe that part of our job will be to fully understand your planning and growth management policies and goals and to tailor your impact fee program to achieve those goals most effectively. Impact fees are charges which are assessed against new development to cover the cost of providing capital facilities (infrastructure) needed to serve new development. Impact fees are the mechanism by which new growth can pay its way, minimizing the extent to which existing residents must bear the cost of new or expanded facilities which are necessitated by new residents. Impact fees are typically based upon a formula, such as 1) an amount per square foot of new construction, and/or 2) a land use criterion designating different fees for single family dwelling units, and commercial or office construction. Because impact fees are based upon the home -rule power of local governments, they must be developed and managed in accordance with judicial standards that have evolved through case law. Our approach to the development of impact fees focuses upon "level of service" as the defining benchmark to distinguish between the benefit derived from capital expenditures by new growth versus the existing population. For services where level -of -service standards have been adopted in the City's Comprehensive Plan, those standards are used as the benchmark. For services where a level of service standard has not been adopted, the existing level of service being provided serves as the benchmark. In such cases, to the extent that capital projects improve the current level of service, their costs cannot be included in the impact fee calculation. The impact fee calculation will be limited to the costs of projects necessary to provide the current or adopted level of service to new residents. Our unique approach to analyzing impact fees is to use our automated financial model to explore numerous cost apportionment and fee calculation methods to develop logical and defensible impact fees in the context of predicted financial impact, market reality, public acceptability, and political reality. A unique aspect of our approach is that we do this in interactive workshops with local government staff, with our computer models up - and -running. Our automated and interactive process allows cost-effective integration of your staff into the impact fee development process while reducing the hours and calendar time which would otherwise be necessary. Most importantly, this process gives you a clear vision through graphical representations, as to the implications of alternative scenarios upon key financial indicators as well as the impact upon new development in terms of the impact fees for prospective developers/property owners. Given the legal environment surrounding impact fees, it is important to analyze those alternatives which provide you with significant fiscal and legal security. Upon determination with you and your staff of the impact fee rates and structure, we will prepare a Draft Methodology Memo and summary presentation for a Commission Workshop. We will incorporate any adjustments to the analysis necessary based upon input from reviews with staff and City Commission and then prepare the Final Report. We will present the final results in an additional City Commission meeting. We will then City of Safety Harbor, FL 1 Safety Harbor Impact Fee Update Study Siantec 4 support the City's attorney with the preparation of the impact fee ordinances reflecting the updated impact fees and attend the appropriate public hearings for adoption. Detailed Task Plan Based on our understanding of the requested fee updates and our extensive experience conducting similar studies, we propose to complete the following tasks during the study. Our cost proposal presented in Part E aligns with these tasks and includes the hours by team member to complete each task. Los1c I: Initiate the Project, Obloin cind Review (teIev uit Ocala to Upcictte Loch Foe a. Identify, source, and obtain all required data/information. This will occur through initial and supplemental data requests to be delivered during this task. b. Conduct project kick-off conference call with City staff to validate project objectives, discuss needed data (State law, Comp Plan, Levels of Service (LOS), infrastructure, capital improvement plan (including funding sources), service costs, etc.) and confirm project responsibilities/procedures. During this meeting, we will provide information and recommendations on how impact fees can or should be used to encourage compact, efficient urban growth patterns, reduce the carbon footprint, etc. c. Review the City's Comprehensive Plan to determine adopted level of service standards. We will also obtain and review fixed asset records for all areas/services, review all applicable service contracts and related arrangements, and review/analyze economic information including impacts on future traffic, land use, park demand, and law enforcement and fire protection trends. This will allow us to analyze cost of service provision considering current and projected costs and economic conditions with the intent of recapturing costs through an impact fee update. d. Update population projections based upon a review/analysis of demographic data and trends (current and future) including census data, permitting and development data and information, expected growth rates predicated on City CIE updates, and other sources as applicable. e. Compile property data from Pinellas County Property Appraiser to identify acreage, sq. ft. dwelling units, commercial, institutional, etc. by property use and type. f. Conduct an impact fee survey to review neighboring community impact fees like Pinellas County and nearby municipalities, etc., for area/services offered by the City. f( I( >: Ccticulcrte Impact Fees a. Input level of service, capacity, population, CIP, asset data, and other key data/supportable assumptions b. Input data regarding capital costs recovered via grants, bonds, user fees, and/or taxes for calculation of the impact fee credit to avoid "double recovery" of costs in the impact fees and user fees and/or taxes c. Identify local land uses and establish units serviced by the City CIP and/or Fixed Assets to determine impact fee rate per land use type. Ensure the land use types correspond to the City zoning principal use nomenclature. Review traffic generation rates as supplied by the most recent ITE Trip Generation manual. d. Finalize customization of impact fee model to determine impact fee rate per ERU e. Determine basis of calculating fees for various property use types and develop fee schedule or matrix to calculate fees for various properties. f. Conduct Internal Review with Project team to review preliminary results and develop summary matrix for review with City staff including a comparative analysis of 1) the full cost recovery impact fees calculated in this study, 2) partial cost recovery alternative, and 3) the survey results of the fee in other neighboring communities. g. Perform adjustments based upon internal review sessions. h. Adjust the impact fee model per review with City staff and distribute workbook summarizing the updated results. City of Safety Harbor, FL 1 Safety Harbor Impact Fee Update Study Stantec 5 i. Assistance with implementation considerations, including development of potential phasing and indexing plans Trask 3: Prepare Draft Memo and Workshop I'resenicaliort a. Prepare a Preliminary Report appropriately sourced for review by City staff b. Prepare updated Impact Fee Schedules c. Adjust per City staff comments d. Prepare and conduct a Commission Workshop presentation of the preliminary analysis and draft methodology memo task 4: Prepare Final Repoii and Impact Fee Schedules a. Prepare Final Report of the results of the study, and provide to City staff for review and comment b. Meet with the City Manager, Finance Director, and Community Development Director to prepare for the City Commission meeting c. Adjust analysis per staff comment, and incorporate edits. Complete Final Report and Impact Fee Schedules Tusk 5: Prepare Fiscal I'rese rarcaiiora for Ciiy Commission a. Prepare a presentation of the results of the analysis, including alternative scenarios identified during the project b. Make adjustments based upon input and direction from City Manager and staff c. Present the final results of the study to City Commission d. Make adjustments based upon input and direction from City Commission Tusk 6: Assist in Preparation of can Impact Fee Ordinance a. Prepare schedules of impact fees for inclusion in appropriate ordinance to be prepared by City Attorney b. Provide a sample ordinance regarding methodology for calculation of impact fees c. Review ordinance prepared by the City's Attorney and provide comments/edits as appropriate City of Safety Harbor, FL 1 Safety Harbor Impact Fee Update Study Stantec 6 Part B: Why Stantec? The Stantec community unites more than 22,000 employees working in over 400 locations across the globe. Our local strength, knowledge, and relationships, coupled with our world -class expertise, have allowed us to go anywhere to meet our clients' needs in more creative and personalized ways. With long-term commitment to the people and places we serve, Stantec has the unique ability to connect to projects on a personal level and advance the quality of life in communities across the globe. Our Financial Services Practice offers 35+ consultants with over 400 years of combined experience and value to your project. As a group, we work together and learn from each other's experiences. This combination of diverse backgrounds and experiences has made us who we are today — a trusted source to our clients in providing independent and objective financial management services to local governments across the country. This knowledge sharing and expertise will be brought to you as well. You can be assured that our team will develop comprehensive and balanced solutions tailored for your situation. FINANCIAL SERVICES OFFERINGS I Rate Studies • Water/Sewer/Recclaimed • Stormwater • Electric & Natural Gas ICost -of -Service Analysis • Wholesale/outside-City Rates • Interlocal Agreements • Solid Waste & Recycling • Regionalization Studies • Customer Class Allocations ISystem Development Fees/Capacity Charges • Utilities & Other Services • Expert Witness Services I Financial Planning & Capital Funding • Policies, Targets & KPI's • Bond Feasibility Studies IBenchmarking • Database of 500+ Entities • Audited Financials & Rates Affordability • Actual Bills & Incomes • Multiple Metrics & Thresholds IStrategy & Management • IT Planning & Implementation • Strategic Plans • Assessment Management • Business Process Mapping • Fee/Charge Structure • Development Policies • Demand Forecasting • Project Funding Strategies • Key Financial Metrics • Custom Group Comparisons • Regulatory Support • Assistance Programs • 0&M and CIP optimization • Performance Measures • Level of Service Development • Real Estate Advisory Services Financial Services by the Numbers: 400+ Combined years of experience $4B+ Debt issued for communilies in the last 5 years 35+ Specialists in utility financial management >350 Communities served City of Safety Harbor, FL 1 Safety Harbor Impact Fee Update Study Stantec 7 Part C: Project Team and Experience We are pleased to present the City with a project leadership team that has vast experience in evaluating impact fees for communities in Florida. This team will be supported by various consultants and analysts as appropriate. City of Safety Harbor Project Director Andrew Burnham Quality Control Jeff Dykstra Project Manager / Tech. Leacl Peter Napoli 20+ Consultants and analysts are available to our team for data analysis Andrew Burnham PROJECT DIRECTOR Mr, Burnham is the Vice President and Global Practice Leader of Financial Services at Stantec. Andy has extensive experience in conducting as well as overseeing cost of service allocations, long-term financial planning analyses, and development of alternative rate and impact fee structures for a variety of municipal services. He has been recognized as an industry expert as part of providing testimony in rate and fee -related regulatory proceedings in multiple states and territories (including Florida, Michigan, Arizona, and the United States Virgin Islands), as well as before the Federal Energy Regulatory Commission. He has led well over 500 studies for 150+ local governments and has supported our clients in the issuance of $1 billion of bonds for projects in the past 5 years. Mr. Burnham is currently serving on multiple committees for various industry groups, and was actively involved in the recent update to AWWA Manual M1 — Principles of Water Rates, Fees and Charges, notably regarding outside -city retail rates, wholesale rates, and reuse rates. In addition, Andy led the development of the Cash Reserve Policy Guidelines Report recently published by the AWWA. JOB ASSIGNMEN Project Director orr.ict-F. l.00A (ION Tampa, FL YEARS INrf tl rum 18 LI/MATSON Bachelor of Business Administration, Lake Superior State University, Sault Ste. Marie, Michigan, 2000 City of Safety Harbor, FL 1 Safety Harbor Impact Fee Update Study Stantec 8 o Napoli PROJECT MANAGER Mr. Napoli is a Senior Consultant with the Stantec Financial Services team and has over five years of municipal financial consulting experience. He has become one of the leaders of our General Government Practice with a focus on general fund financial sustainability modeling, and the development of fair and legally defensible impact fee studies. Peter has served as Consultant in the development of financial forecasts, impact fee programs, and special assessments using our interactive, decision support modeling process for various public agencies. He has strong, adaptive financial modeling skills and experience interpretting large data for our clients. He's demonstrated the ability to customize financial analyses to meet client needs and leverage our modeling platform as a powerful consulting tool. JO13 ASSIGNMENT Project Manager OFFICE LOCATION Tampa, FL YEARS wiTll FIRM 7 EDUCATION Bachelor of Business Administration in Finance, University of North Florida, Jacksonville, Florida, 2015 City of Safety Harbor, FL 1 Impact Fee Update Study Stantec 9 Adh J eff Dykstra Mr. Dykstra is a Managing QUALITY CONTROL Consultant with 13 years of experience in the water resources industry. In this role he is responsible for managing projects and client relationships related to water, wastewater, stormwater, and solid waste finance. His expertise is in developing financial management plans, revenue requirement and revenue sufficiency analyses, performing cost -of -service and rate structure analyses, developing retail and wholesale user rates, evaluating utility acquisitions, providing feasibility support studies for the issuance of municipal debt and revenue bonds, developing impact fees, developing miscellaneous service charges, and analyzing utility finances and operations. He is an experienced project manager and has managed over 100 different engagements while responsible for the development of hundreds of dynamic financial models related to utility rates and fees. JOB ASSIGNMENT Quality Control OFFICE LOCATION Tampa, FL YEARS WIl i l FIRM 14 EDUCATION Bachelor of Arts in Business Administration, Finance, Dordt Collect, Sioux Center, IA, 2008 City of Safety Harbor, FL 1 Impact Fee Update Study Stantec 10 La x':',:nforcernent and Fire City of Venice, FL overview: The City of Venice is a fast-growing area of South West Florida that has never previously imposed impact fees for General Government services. Considering financial challenges within the General Fund to meet the City's requirements for capital expansion, the City retained Stantec's services to perform a Law Enforcement and Fire Impact Fee study. Ghallenges: As the City grows geographically with an ever-increasing population, new Police officers and Fire stations will be required to meet the high level of service standards that the City has traditionally provided. However, with a lean General Fund budget having limited funds for capital expansion needs, the City looked towards impact fees to aid in the funding of public safety facilities and equipment. objectives: Calculate and implement impact fees that would fully recover the cost of capital expansion as the City enters a high growth period. solutions: Stantec worked with both the Law Enforcement (Police) and Fire Rescue department staff to understand the existing level of service, and the future demands that growth will place on their Dates of Service: August 2019 — June 2020 Client Contact: Linda Senne; Finance Director, 941-486-2626; LSen ne@Ve n icegov. com Project Team Lead: Peter Napoli Key Staff: Andrew Burnham Number of Meetings: 3 with City Staff, 2 Date of Final Report: June 11, 2020 cue mr pact ree Study systems. To retain their high level of service, investment in new police officers required capital investment in vehicles, equipment and building space. The Fire Department would ultimately need to build an additional two stations over the next ten years, and fund the cost of construction, vehicles, and equipment through the impact fees. Stantec proposed a modern, equitable and understandable impact fee structure that would recover the cost of new development's capital expansion needs for a 10 -year period. The fee structure was ultimately adopted by the City Council and implemented to begin collection in advance of significant new development slated to begin construction in 2018. Lessons [primed: • An understandable impact fee structure is equally as important as it being legally defensible and equitable. • Awareness of the City's high level of service standards, and the needs to maintain those standards is key to creating a fee that will meet the needs of the City's growth City of Safety Harbor. Ft. 1 Impact Fee Update Study Stantec 11 Pots 8, t ecreaflon, low rnfot'cernent rind rive lescue impact roe Stud City of Palm Bay, FL Overview: As of 2018, the City of Palm Bay is the fastest growing City in Florida and needed an up-to- date Impact Fee schedule for Parks & Recreation, Law Enforcement and Fire Rescue to recover the necessary costs to invest in capital assets for growth areas. Cliallencfes: As one of the fastest growing Cities in the nation, the City has many competing funding needs within the General Fund. The existing impact fees for Parks & Recreation, Law Enforcement and Fire Rescue were created over 15 years ago with little documentation or technical back up to provide new development with understanding of how and why they are being charged for capital expansion objectives: Calculate updated impact fees for Parks & Recreation, Law Enforcement and Fire Rescue using a modern, efficient, understandable, and equitable fee structure. Solutions: Stantec worked closely with departmental staff and City management to better apprehend the funding challenges faced within the Dates of Service: December 2017 — November 2018 Client Contact: Angelica Collins; Fiscal Manager: 321-952-3427; Angelica.Collins©palmbayflorida.org Project Team Lead: Peter Napoli Key Staff: Andrew Burnham Number of Meetings: 3 with City Staff, 2 with governing body and the public Date of Final Report: November 6, 2018 City's General Fund. Knowing that there was almost no available funds within the foreseeable future to fund capital expansion needs for Parks & Recreation, Law Enforcement and Fire Rescue, the updated impact fees were an important piece in the overall financial sustainability of the General Fund and the City's growth plan. Stantec utilized the City's asset database and departmental Capital Improvement programs to establish levels of service and projected incremental costs to provide the departments with the needed capital funds for expansion related activities. Compared to the exiting impact fee structure, the updated fees provided additional funding, as well as a more modern and understandable fee schedule that City staff now had the necessary documentation and calculation to explain to new development. Lessons Learned: • Out -dated impact fees must be updated and clearly documented so that City staff can explain and support the fees they will be charging • High growth cities like Palm Bay face particular funding challenges within the General Fund, creating an enhanced need and use of Impact Fees. City of Safety Harbor, FL 1 Impact Fee Update Study Stantec 12 Dates of Service: October 2015 — April 2016 Client Contact: Bobby Baker; Public Works Director, 825 Ohio Ave, Lynn Haven, FL 32444, 850-248-0566 Project Team Lead: Peter Napoli Key Staff: Andrew Burnham Number of Meetings: 3 with City Staff, 2 with governing body and the public Number of Days: 184 Date of Final Report: April 1, 2016 Parks & Recreation, Lew Enforcement, Yore Rescue and Water/Sewer Impact Fee Study City of Lynn Haven, FL Overview: The City of Lynn Haven serves an area within the Florida Panhandle just North of Panama City. The City last updated their impact fees in 2006 and had requested an updated fee structure to be more streamlined and understandable not only by City staff, but also to those who would be charged the fees. Challenges: As a small City, the ability to provide detailed data needed for the impact fee analysis created challenges that required creative solutions and clear communication between City and Stantec staff. In addition, the City was contemplating several annexations that would require consideration in the fee calculations. Objectives: Update the comprehensive General Government and Water/Sewer Utility impact fee schedules with a modern and equitable structure Solutions: With limited data availability for existing asset databases, including incomplete records for assets and buildings over 80 years old, Stantec consulted closely with City staff to generate the necessary understanding of existing assets to calculate an updated fee structure. The City also requested minor revisions to their existing fee structure, so questions of the fee equitability could be addressed. In addition to regular growth and new construction, the City had several areas of potential annexation surrounding the City boundaries. Cooperation between Stantec, the City and unincorporated County staff allowed for the necessary data and potential capital needs of the annexed areas. Ultimately, a simplified and equitable fee structure was developed for Parks & Recreation, Law Enforcement, Fire Rescue, and the Water/Sewer utility was developed and implemented by the City. Through the implementation process, the City decided to waive the Parks & Recreation, Law Enforcement, Fire Rescue fees for new non- residential properties. The City wished to encourage commercial development and utilized our financial forecasting expertise to understand the potential impact fee revenue impacts by waiving the fees. Lessons Learned: • Understanding of the City's desired growth patterns required an alternative approach and analysis of revenue impacts of waiving impact fees for development types • A simplified fee structure is often desired by small communities with limited staffing and data availability City of Safety Harbor, FL 1 Impact Fee Update Study Stantec 13 Part D: Time Schedule Based upon our understanding of the scope of services and the approach outlined above, we propose to complete the study within approximately 6 months. Assuming a start date of October 1, 2022, we will complete the study by end of March 2023. The City of Safely Harbor, Florida lL .I; tit: r rr r I ,m: ,.)n i I'<xl-,I.-un: I !I,,f:,n f I r: Tasks Task I Initiate the Project, Obtain and Review Relevant Data, and Perform Survey Task 2 Calculate Impact Fees Task 3 Prepare Draft Memo and Workshop Presentation Task 4 Prepare Final Report and Impact Fee Schedules Task 5 Prepare Final Presentation tor City Commission Task 6 Assist in Preparation of an Impact Fee Ordinance Month October November December j January Februa March Vutuol I(ick-( )If (i I and Data Collection Process Data and Input Assernptnns Prepare Draft Memo Virtual Meath n<) 711 Con,rntssion I'n,senlapcm P teal epod i:cumussion Presentation Ordinance I'reparaliun City of Safety Harbor, FL 1 Impact Fee Update Study Stantec 14 Part E: Fee Proposal Based on our current understanding of the requested scope of services, we have prepared a detailed project work plan presented on the following pages. As shown, we propose to complete the Comprehensive Impact Fee Study for sanitation, public safety, library, park, and parkland impact fees for a total, not -to -exceed fee of $49,307. Stantec will issue monthly progress billings based on percentage completion of each task. City of Safety Harbor, FL 1 Impact Fee Update Study Stantec 15 Stantec Th e CF .,7y of S cr et-t Harbor, ; - oridc Sanit ati on, P ublic S afety, Libr ary, Park, and Parkl and Impact F ee Study Project W ork Plan and F ee Estimate Estimat ed Labor -Ho urs Project Manager/ Lead C onsultant 0 2 x1 Task 1 Initiate the Pro ject, Obtain and Review R eleva nt Dat a, and Perf orm Sur vey a. Prepare initial data request list and d etail ed critical path schedule. Perform job set up activiti es . Establish project monit oring and c ontrol re spon sibilitie s. b. Conduct kick-off confere nce call with City staff to confirm study objectives, identify fiscal objectives, establish communication proto co ls, discuss approach, e stablish schedule, pro vide d ata request. and discuss f orec asting meth ods and mod eling . c. Rev ie w the City's Co mprehe nsive Pla n (and other docs) to determine adopt ed l evel of service stand ards, population projections. a nd ca pital improvement planning elements. Obtain and review fixed ass et rec ords f or all departments/s ervices . I d. Update po pulation pro jections based upon census data and permitting and d evelopment dat a and i nformati on. e. Compile property data fro m Co unty Prope rty Appraiser to id entify acr eage. sq. ft., dwelli ng units, etc. by prop erty use type . f. Perfo rm compa rative survey to neighborin g a nd similar communities for fees devel oped in this study . Jsk Cciculcie Impcc i Fee, ter -I ((me) De xr;ment/Se rv ice a Input level of service. capacity. population, capital improvement plan. fix ed asset data , and other key d ata/ass umptions int o the mo del b In put da ta regarding c apita l costs recov ered v ia gra nts, bonds, user fees, and/or tax es for calculation of impact fee cr edit to avoid "double recov ery" of co sts in the impact fees and user fe es and/or taxes. c. Identify and input number of ER U's served by CIP and/or Fixe d Assets. d Finalize cu stomizatio n of impact fee mode l to determine impa ct fee rate per ERU e. De termine basis of calc ulating fe es for various property use types and dev elop sample tee calculations for various properties f Con duct In terna l Re view with Project team to rev iew preliminary results. g. Pe rform adju stmen ts base d upon intern al re view conc lusions. h. Ma ke adjustments to the impac t fee model per review with City staff and distribute workbook of results. Assistance with implementa tion considerations, including develo pment of potential phasing and indexi ng plans Task 3 Pre pa re Dra ft Me mo a nd Workshop Presentation a. Prepare a draft me mo randum su mmarizing the me thodolo gie s for the preparation of recommended changes to impact fees. b. Prepare fo r and conduct a v irtual work session with City Staff to review data, assumptions, and dra ft methodology m em o with c. A djust analysis per staff commen t, and inco rpo rate edits. d. Prepare and co nduct a Commission Workshop presentation of the preliminary ana lysis an d draft methodology memo Ta sk 4 Pre pare Fina l Report a nd Impact Fee Schedules a. Prepare Final Report of the re su lts of the study, and provide to City staff fo r review and comment b. Me et with the City M anager. Finance Director, and Community Development Director to prepare for the City Commission me eting c. A djust a na lysis per staff comme nt. and incorporate edits. Complete Final Report and Impact Fee Schedule s. 0 0 0 0 0 0 0 0 0 0 1 4 1 4 2 4 1 2 1 2 2 0 0 0 6 4 2 0 0 0 0 0 0 0 0 0 0 2 0 0 1 8i 2 a 0 21 2 2 2 2 8 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 0 4 0 2 0 4 0 10 4 4 x1 x1 x5 x5 x5 x5 x5 x5 x x1 x1 x1 x1 0' x1 0 x1 0 x1 City of Safety Harbor, FL 1 Impact Fee Upda te Stu dy Stantec 16 4 6 3 3 4 10 15 5 5 10 10 10 5 15 15 19 12 5 13 22 12 7 Sta ntec of ecfez)v .Hier, cr, =crec S anit ati on, Public Safety, Libr ary, Park, and P arkland Impact Fee Study Proje ct Work Pl an and Fee Estimate Project Tasks Task 5 Prepare Final Presen tation for City Commission a. Prepare a presentation of the results of the analysi s, including alter native scenarios identified during the pr oject b. Make adjustme nts based upon input and direction from City Man ager and staff c. Present the fin al results of the study to City Commission d. M ake adjustmen ts based u pon input and direction from City Commission. Task 6 Assist In Preparatio n of an Impact Fee Ordinance a. Prepare schedule s of impa ct fees for inclusion in appropriate ordinance to be prepar ed by City Attorney . b. Provide a sample ordinan ce regardin g metho do logy for calculation of impact fees c. Rev ie w ordinance pre pared by the City's A ttorne y and provide comments/edits as appr opriat e Estimated Labor -H ours Project Director Ma nager) Analyst Admi n Lead Advisor r Rates 5335 1 0 3 0 C ons ulta nt Multipli er (9 of Tot al Labor Fees Hours Cal culated) S210 S235 5150 • 590 4 1 1 1 2 1 2 1 2 0 01 0 0 D 0 4 2 0 2 4 0 0 0 0 0 0 0 0 0 x1 x1 x1 x1 10 3 6 3 7 3 3 SUBTOTAL ESTIMATED LABOR -HOURS TASK 1 SUBTO TAL ESTIMA TED LABOR -HOURS TASK 2 (x5 Fee s: Sanitation, Public. Safety, Library, Park, and Parkl and) SUBTOTAL ESTIMATED LABOR -HOURS TASK 3 SUBTO TAL ESTIMA TED LABOR -HOURS TASK 4 SUBTOTAL ESTIMA TED LABOR -HOURS T ASK 5 SUBTOTAL ESTIMATED LABOR -HO URS TASK 6 TOTAL ESTIMATED LABOR -HOUR S SUBTOTA L ESTIM ATED CONSULTING FEE ESTIMAT ED EXPENSES TOTAL NO T -TO -EXC EED CONSULTING FEE ESTIM ATED COSTS "BY'FEE : SA NITAT ION IMPACT FEE CO ST PUBLIC SAFETY IM PA CT FEE COST LIBRARY IM PACT FEE COST PARKS IMPA CT FEE COST PA PKI AN O IMP ACT FEE COST TOTAL NOT -TO -EXCEED CONSULTING FEE 2 5 10 7 4 3 31 $ 10,385 9 30 16 14 9 6 84 $ 17,640. 0 5 3 2 1 0 11 $ 2,585 17 50 20 18 8 4 117 $ 17.550 2 0 0 0 0 0 2 $ 180 30 901 49 41 22 13 210 S 48,340 $ 967 $ 49,307 $ 9,861 $ 9,861 $ 9,861 $ 9,861 $ 9,861 $ 49,307 City of Safety Harbor, FL 1 Impact Fe e Update Study Stantec 17 Part F: Modifications Based on our current understanding of the requested scope of services, we have no proposed modifications to submit. City of Safety Harbor, FL 1 Impact Fee Update Study Stantac 18 Part G: Back -Up Information Please find the Final Report attached detailing our most recent example of an Impact Fee Study completed for the City of St. Pete Beach, FL.: City of Safety Harbor, FL 1 Impact Fee Update Study Stantec 19 Part H: Required Forms All required forms are presented on the following pages, including: • Appendix C: Proposal Form • Attachment D: Sworn Statement City of Safety Harbor, FL 1 Impact Fee Update Study Stantec