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Backup Documents 01/26/2021 Item #16C 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management et, 1/24 / -i 2. County Attorney Office County Attorney Office 4. BCC Office Board of County .�\ Commissioners J I l ) 4. Minutes and Records Clerk of Court's Office PA) 1/91 ?oar 8:1gaM 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso/PURCHASING Contact Information 239-252-8950 Contact/ Depar lment Agenda Date Item was January 26,2021 Agenda Item Number 16.C.1. Approved by the BCC Type of Document CONTRACT Number of Original 1 Attached Documents Attached PO number or account N/A 20-7792 RAFTELIS number if document is Raftelis Financial FINANCIAL to be recorded Consultants, Inc. CONSULTANTS, INC. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be AR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the AR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature avi ets equired. 7. In most cRir some co acts are an exception),the original document and this routing slip N/A should be 8046 ounty Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or e ' ns are nullified. Be aware of your deadlines! 8. The doc> tasd by the BCC on 01/26/2021 and all changes made during I , N/A is not the meeting have been incorporated in the attached document. The County I` an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the ." N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the do,A► option for Chairman's signature. is line. 1 6C 1 MEMORANDUM Date: January 29, 2021 To: Jessica Suarez, Purchasing Technician Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #20-7792 "Fixed Fee Professional Service Agreement" Contractor: Raftelis Financial Consultants, Inc. Attached for your records is an original of the referenced document above, (Item #16C1) adopted by the Board of County Commissioners on Tuesday, January 26, 2021. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 16C 1 FIXED FEE PROFESSIONAL SERVICE AGREEMENT 20-7792 for Financial Consulting Services THIS AGREEMENT, made and entered into on this (�-l� day of 20 21 , by and between Raftelis Financial Consultants, Inc. authorized toCAclo business in the State of Florida, whose business address is 227 West Trade Street, Suite 1400, Charlotte, NC 28202 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. The Agreement shall be for a three ( 3 ) year period, commencing ❑■ upon the date of Board approval [} on and terminating three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a n Purchase Order n 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ■❑ Request for Proposal (RFP) ❑ Invitation-to-Bid (-I4.B} LJ Other ( } # 20-7792 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. n The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.I) 1 6C 1 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑ ; ❑� Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. costs; ter+als--e tal aa --er cartonT-ete4 The invoice must identify the unit price and the number of units Page 2 of 15 Fixed Price Professional Service Agreement#2017-OOl (Ver.2) C,4C 1 6C 1 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 ■ Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. Page 3 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.1) CAO) 16C 1 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Raftelis Financial Consultants, Inc. Address: 341 N. Maitland Avenue, Suite 300 Maitland, FL 32751 Authorized Agent: Peiffer Brandt, President Attention Name & Title: Robert J Ori, Executive Vice President Telephone: (0: (407)628-2600 / M: (321) 436-4121 E-Mail(s): Rori@raftelis.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Joseph Bellone Division Name: Operations Support Division Address: 3339 Tamiami Trail East, Suite 301 Naples, Florida 34112 Administrative Agent/PM: Amia Curry, Manager Telephone: (239) 252-6028 E-Mail(s): Amia.Curry@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver 2) 16C 1 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four(24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. • Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. I■l Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non- Owned Vehicles and Employee Non-Ownership. C. 0 Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 5 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) CAO 16C 1 The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. ❑■ Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $2,000,000 each claim and aggregate. 1=-❑fiber Liabillityj Coverage shall have minimum limits of$ per occurrence, ❑ r • Coverage-s -of $ per occurrence. occurrence- ❑ , occurrence: J- ❑ • $ per occurrence. ❑ tot e Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Page 6 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) 1 6C 1 Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Operations Support Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), [I Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑■ RFP/❑ ITB/❑ Other #20-7792 , including Exhibits, Attachments and Addenda/Addendum, ❑ subsequent quotes; and ❑ Other Exhibit/Attachment Page 7 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) CAO 1 6C 1 17. APPLICABILITY. Sections corresponding to any checked box (E) will expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: 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: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. Page 8 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) CAC, 1 6C I 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 23. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 24. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the Page 9 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) CAO 1 6C 1 commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 25. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 26. ❑■ KEY PERSONNEL. The Contractor's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the required service dates. The Contractor shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Contractor shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. AG tise: The County reserves the right to perform-invest • The--Contractor..._shall-assign._as--many-people-as--necessary--to-cormplete--required services-on_.a timely--basis;arid...each-person-assigned-shall b_e-avatlable.for-an amount of- ate- ired-se ices- 27. n ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. n ORDER.._OF....P REC E DE N C E-(Grant-1--un.ded.),...__In.._the-.e-vent-of.any-c©nfl ict-between 0 cuments-andiar--the--Countys-fiord approved-.Ex erms-o the--Agreement-sfaail-take-p a over the term pt--t Conditions-sh ent-any-confiict ira-the terms of the Contract Documents can-not be resolved by application of the Page 10 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) 1 6C 1 imposinga Contract Doffs-upon-tie 28. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 29. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. (Intentionally left blank-signature page to follow) Page 11 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.2) CAC 1 6C 1 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: , "'^ BOARD OF COUNTY COMMISSIONERS COLLIER U Y• FLORIDA CrystaF'K. Kinzel, Clerk df Courts & gorn troller y: ,t,.F By: 1 J Dated:Atilt/WeOo I Penny Taylor,Chairperson (SEAL) � Iialrman's ure contractor'ssj viin s : Raftelis Financial Consultants, Inc. Contractor 12 Co tractor's irst Witness ignatur an Soh e� cxet4:4e ue ?Its;c6.11- ypeprnsgature and titlel' TTyp /print witness name Contraotbrs Second Witnes Pelqy TT /print witness naa'neT Approved, to Form and Legality: dP 1 TA County AttorneyPrint Name SAF:2/\\IP Page 12 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) 1 bC 1 Exhibit A Scope of Services ❑■ following this page (pages 1 through 2) ❑ this exhibit is not applicable Page 13 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) T6,)e 16 G 1 RFP#20-7792"Financial Consulting Services" EXHIBIT A SCOPE OF SERVICES BACKGROUND Periodically Departments within the County require consulting services to perform rate studies for user fees,fees for services,and impact fees,provide financial modeling,assist with acquisitions,review financial analyses and perform benchmarking studies when the County does not have the expertise or resources to complete the required tasks. DETAILED SCOPE OF WORK The Contractor/Consultant, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated herein to include,but shall not be limited to,assistance in budgeting, forecasting, rate making,management accounting assistance,business valuations/acquisitions,financing activities assistance and financial analysis of systems. The County foresees utilizing the Contractor/Consultant for the following services: 1. Cost of Service/Rate Studies: a. Review and redesign as considered necessary based on cost of services principals, the potable water,wastewater, bulk water,and reuse rates,landfill tipping fees,solid waste collection fees,recycling fees,and other miscellaneous charges. b. Investigate,evaluate and develop potential water,wastewater and reclaimed water rates associated with the provision of such type of service. Create a multi-year financial forecast model for the water and wastewater system(the"System")to determine the overall sufficiency of the System revenues and financial resources to meet identified System expenditures and funding requirements. Revenue and revenue requirements will be projected separately for water, wastewater and reclaimed water. Rate study analysis will include,but will not be limited to,number of customers and usage,a projection of revenues and operating expenses, a capital funding analysis, evaluation of financial targets and compliance requirements,design of monthly rates,development of presentations and participation in the public hearing process for rate approval. c. Assist the County in development of water and wastewater impact fees to evaluate adequacy of the recovery of the respective capital and carrying costs from new development. d. Identify the allocable net revenue requirements associated with providing wholesale potable water service and design of a wholesale potable water rate for the recovery of such costs. e. Development of rate comparisons and surveys. f. Review of master plan to ensure consistency with the rate studies. 2. Other Revenue Sources a. Review and design as considered necessary,appropriate fees for other miscellaneous services as provided by Water and Wastewater utility systems and other County Divisions. b. Review operations of the Water and Wastewater utility and Landfill systems and other County financial services to determine if additional services,charges and revenue enhancements are appropriate. 3. Acquisitions a. Perform financial due diligence activities related to the acquisition of utility systems or service areas. 4. County Contracts/Documents a. Aid in development and/or review of County contracts,policies and agreements. Such contracts and documents including,but not limited to, rate ordinances and resolutions, service agreements, franchise agreements, acquisition contracts, extension and development agreements, reclaimed water usage agreements, and inter-local agreements between the County and other entities. Services may involve drafting agreements,review of documents,negotiations among affected parties and performance of economic analyses required for evaluation. Page 1 of 2 Exhibit A-Scope of Services 1 6C 1 5. Financing/Funding a. Preparation of financial feasibility reports in support of the issuance of revenue bonds, including preparation for and attendance of presentations before rating agencies, bond insurance companies, potential investors and purchasers of instruments of debt,and other required parties. b. Aid in the preparation of loan documents to obtain funds from agencies such as the Florida Department of Environmental Protection,Rural Development,Department of Community Affairs and others. c. Financial modeling of financing plans and CIP affordability. 6. General Financial Services a. Perform financial sensitivity analyses on utility and other operations considering such factors as capital program implementation,regulatory changes and other such issues that may cause a need to review financial operations. b. Review operations and performance by the Public Utilities Department and other County Departments. c. Evaluate financial forecasts and analyses related to the Public Utilities Department as prepared by staff and other consultants. d. Aid in strategic planning activities with the Public Utilities Department and other County Departments. e. Aid and guidance in development of accounting,financial,and business policies. f. Aid with privatization and managed competition activities as well as cost evaluations. 7. Substitution of Personnel In the event the Contractor/Consultant wishes to substitute personnel for the key personnel identified by the Contractor/Consultants Proposal,the Contractor/Consultant must notify the County in writing and request written approval for the substitution at least ten(10)business days prior to effecting such substitution. 8. Professional Registration The Contractor/Consultant shall be properly registered and maintain registration,while this Agreement is in effect,with the U.S. Securities Exchange Commission (SEC) and the Municipal Securities Rulemaking Board (MSRB) as a Municipal Advisor. 9.Survivability Purchase Orders: The Contractor/Consultant agrees that any Purchase Order that extends beyond the expiration date of an Agreement shall survive and remain subject to the terms and conditions of that Agreement until the completion or termination of said Purchase Order. New consulting services will not be initiated after the expiration of the Agreement. Page 2 of 2 Exhibit A-Scope of Services 040 1 6C 1 Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 14 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.2) i 6C 1 RFP#20-7792"Financial Consulting Services" EXHIBIT B FEE SCHEDULE Project Team Member/Job Classification Direct Hourly Rate* Executive Vice President $240 Senior Manager $200 Manager $185 Senior Consultant $150 Consultant $125 Senior Associate $115 Associate $100 Senior Analyst $90 Analyst $75 Administrative $70 *Direct labor hourly rates shall remain firm for the initial term and renewal terms of this contract. Page 1 of 1 Exhibit A-Scope of Services c , 1 6C 1 Other Exhibit/Attachment Description: ❑ following this page (pages through ) • this exhibit is not applicable Page 15 of 1.5 Fixed Price Professional Service Agreement#2017-00I (Ver.2) 1 6C 1 Client#: 1722483 RAFTEFIN ACORDr,., CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/20/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Joana -Dahmer Cameron M Harris &Co, LLC PHONE - FAX (A/C,No,Ext):704-901868656 (A/C,No): Div USI Ins E-MAILSS: Joana.schlee-dahmer@usi.com 6100 Fairview Road Ste 1400 Charlotte, NC 28210 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Fire Insurance Co.of Hartford 20478 INSURED INSURER B:Continental Insurance Company 35289 Raftelis Financial Consultants, Inc. INSURER C:American Casualty Company of Reading PA 20427 227 West Trade Street, Ste. 1400 INSURER D:Continental Casualty Company 20443 Charlotte, NC 28202 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT RR TYPE OF INSURANCE ADDLSUER POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 6076000011 01/21/2021 01/21/2022 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR RREMISES(Ea occuErrence) $500,000 X MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECOT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY 6076000025 01/21/2021 01/21/2022 Ea COMBaccidINEDent)SI $1,000,NGLE LIMIT 000 ( ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X AUTOS ONLY X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY (Per accident) B x UMBRELLA LIAB X OCCUR 6076000039 01/21/2021 01/21/2022 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MAD E AGGREGATE $5,000,000 DED X RETENTION$10000 $ C WORKERS COMPENSATION 6076305637 01/21/2021 01/21/2022 X 'MUTE EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE 6076000042 -CA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Professional Liab 652071235 01/21/2021 01/21/2022 $5,000,000 Limit DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE:#20-7792, Financial Consulting Services. Collier County Board of County Commissioners or Board of County Commissioners in Collier County, or Collier County Government, or Collier County are included as additional insured with respect to and list the coverages that they are request and umbrella will follow form.The coverage afforded to the additional insured is on a primary and non contributory basis for General Liability, Business Auto and Umbrella if (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail E. ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #530995468/M30993698 SK2ZP 1 6U 1 DESCRIPTIONS (Continued from Page 1) required by written contract.30 day notice of cancellation will be given except for non payment of premium will be 10 days if required by written contract. SAGITTA 25.3(2016/03) 2 of 2 #S30995468/M30993698