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#25-8401 (Financial Consulting Services) FIXED FEE PROFESSIONAL SERVICE AGREEMENT # 25-8401 for Financial Consulting Services THIS AGREEMENT, made and entered into on this� day of Oraljkl , 20 2(4 by and between Raftelis Financial Consultants,INC. authorized to do business in the State of Florida, whose business address is 227 W.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 III upon the date of Board approval; of ❑ en ,and terminating on 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 the County Manager's designee, may 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 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 Notice to Proceed n WoFk-O defy 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of II Request for Proposal (RFP) U t itatiefte B I I Other (RFP ) # 25-8401 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. (�I The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 16 Fixed Price Professional Service Agreement [2025_ver.2] 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): um-j-Sum- +ce): A firm fixed-tental-pfieetile-fisks a"re- a #er-fed-fr fines Ffer-m mea-toe .the-.fixect • 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 company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. � 1 •, • ge--or 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). Page 2of16 Fixed Price Professional Service Agreement [2025_ver.2] 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 "'aches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4.5 n 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: photocopying charges, transcription service charges, charges for government information requests, postage, delivery services, and licenses to thrid-party software or proprietary data for specific projects. 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 # 85-8015966531 C. Page 3 of 16 Fixed Price Professional Service Agreement [2025_ver.2] CPO 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: 227 W.Trade Street,Suite 1400 Charlotte, NC 28202 Authorized Agent: Thierry Boveri Attention Name & Title: Vice President Telephone: 407-628-2600 E-Mail(s): tboveri@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 Name: Public Utilities Department Division Director: Joseph Bellone Address: 3339 Tamiami Trail E.Suite 301 Naples, FL 34112 Administrative Agent/PM: Katrina Lin Telephone: 239-252-2539 E-Mail(s): katrina.lin@collier.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 16 Fixed Price Professional Service Agreement [2025 ver.2] SAL, 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 or any other class protected by federal or Florida law. 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. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. • 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. n Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. Page 5 of 16 Fixed Price Professional Service Agreement [2025_ver.2] CAO The coverage must include Employers' Liability with a minimum limit of $500,000 for each accident. D. (UI 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 $2,000,000 each claim and aggregate. n per-eeoarfervee: Ft n oh oqv refts-and-Omissions: Cs ave--r in-irr uo --timfis of--$ per-0661:1•FfeR60-7 6 Wate $ --yer eeeuffen 4=47 ( es be-maintairfed-where pplisa le--te-t pee- i- n e--Oones--Ash} Coverage-s-hall--have.• inimum-limit&-of $ per ooeufrencc. shall--#gave minimum limits of$ per occurrence. f ether3:-E overage-ehali--h we n + -limits of$ 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, Page 6 of 16 Fixed Price Professional Service Agreement [2025_ver.2] CAO 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. 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 Department 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), n Exhibit A Scope of Services, Exhibit B Fee Schedule, Exhibit C Affidavit Regarding Labor and Services ■ RFP/ n 1-T-Bi I I Othcr -- (RFP ) #25-8401 , including Exhibits, Attachments and Page 7 of 16 Fixed Price Professional Service Agreement [2025_ver.2] CAC Addenda/Addendum, s bsequeR -quetec, and I Other-i=x ib+ ttaehef: 17. APPLICABILITY. Sections corresponding to any checked box (II ) 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, as well as the requirements set forth in Florida Statue, §448.095; 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, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest a�colliercountyfl.gov Page 8 of 16 Fixed Price Professional Service Agreement [2025_ver.2] p 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. 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. Page 9 of 16 Fixed Price Professional Service Agreement [2025_ver.2] CAL: 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 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. AGREEME-E-N-T--STAFFING:T Ce atraste s-pe er-aer+t-ta--be t +l ed-fe e a gfeereet- ga-any--peepl a lete-fep rifed t of ed-seMse s- 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. ®R -G€- NC€(-6 aftf- a- of any- ftie bettwee-ri er--a e -he-terms of arty-43f--the-- -Bose Page 10 of 16 Fixed Price Professional Service Agreement [2025_ver.2] CAO app-roved- -xe eve--S f the-, g-r-e ent-s41-a4T--take reeed ce._e er e-ter-s-ef..-atl-catieF--Ge-ntFaet--Deaumen-t -e -are -u-pplefnentaf Gendit+e s a# atfmtake-pfeeedeaee-averhe 'et--in-the facet ne-t .-.be---r elmed---b -apialieation..,-._ef--the by ec-tee+-ts an-the Gen#facteFLLat '�-di eia- 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(&colliercountyfl.gov)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. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. (Intentionally left blank -signature page to follow) Page 11 of 16 Fixed Price Professional Service Agreement [2025_ver.2] Ct 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 COUNTY, FLORIDA Crystal K. Ki0izelAClejk of the Circuit Court anf�dtop ptroller,'- / 4Y By: By: ,_z__...._----)..___: __(:) ' ' Dated: �' (,a�f�dp Dan Kowal, Chairman (SEAL)it(th s'r as°to Chairman's signcture only Contractor's Witnesses: Raftelis Financial Consultants, INC. Contractor By: Contractor's First Witness Signature , ' -rrif( pr 100Ve011 Vice ! 5i'-nrf- Mawrizt;o Otor"iv TType/prin(signature and titleT TType/print witness nameT Contractor's Second Witness i-nor /1 4 r,4y TType/print witness nameT 1 Approved a to Fort nd Legality: -� o,iny A to n yy �, � I�l q�1�1 iiw Print me ,y Page 12 of 16 Fixed Price Professional Service Agreement [2025_ver.2] VP Exhibit A Scope of Services n following this page (containing 3 page/s) this exhibit is not applicable Page 13 of 16 Fixed Price Professional Service Agreement [2025_ver.2] cpo Exhibit A—Scope of Services #25-8401 "Financial Consulting Services" I. Rate Studies a.Review and redesign based on the cost of services,the potable water,wastewater,bulk water,and reuse rates, landfill tipping fees,solid waste collection fees,recycling fees,and other service fees,and 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's 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,the 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 the development of water and wastewater impact fees to evaluate the 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 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. g.Provide analysis and recommendations of enterprise and disaster planning/resiliency fund reserve levels. 2.Other Revenue Sources a.Review and design 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,service areas,or other County acquisitions. 4.County Contracts/Documents a.Aid in the development and/or review of County contracts,policies,and agreements. Such contracts and documents include,but are 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,negotiating among affected parties,and of economic analyses required for evaluation. 5. Financine/Funding Page 1 of 3 Exhibit A—Scope of Services • a. Preparation of financial feasibility reports in support of the issuance of revenue bonds, including preparation for and attendance at presentations before rating agencies,bond insurance companies,potential investors and purchasers of instruments of debt,and other required parties. b.Assist 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. Perform Financial modeling of financing plans and Capital Improvement Plan 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 and benchmark operations and performance by the Public Utilities Department and other County Departments. c. Prepare or evaluate cost allocations,financial forecasts,and analyses related to the Public Utilities Department or other County Departments as prepared by staff and other vendors. d.Assist in organizational and operations assessments and strategic planning activities with the Public Utilities Department and other County Departments. e.Assist,perform,or evaluate solid waste collection routing,disposal process planning, sustainable material management,and insourcing/outsourcing of services studies. f.Assist and guidance in the development of accounting,financial,customer,risk management, organizational structure,human resources,and business policies. g.Assist with privatization and managed competition activities,as well as cost evaluations. h.Assist with the development and analysis of program and enterprise fund performance measures. 7.Substitution of Personnel In the event Vendor wishes to substitute personnel for the key personnel identified by the Vendor's Proposal,the Vendor 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 Vendor shall be properly registered and maintain registration,at the time of submittal of the solicitation proposal and while this Agreement is in effect,with the U.S. Securities and Exchange Commission(SEC) and the Municipal Securities Rulemaking Board(MSRB)as a Municipal Advisor. 9.Survivability Purchase Orders:The Vendor agrees that any Purchase Order that extends beyond the expiration date of an Agreement resulting from this solicitation 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. 10. Reimbursable Expenses Page 2 of 3 Exhibit A—Scope of Services CAO No markup will be allowed on reimbursable expenses.Travel expenses shall be reimbursed as per Section 112.061,Florida Statutes. Reimbursable items other than travel expenses shall be limited to the following: photocopying charges,transcription service charges,charges for government information requests,postage, delivery services,licenses to third-party software or proprietary data for specific projects.Reimbursable items will be paid only after the Vendor has provided all receipts.The Vendor shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 11. Price Increases Prices shall remain firm for the initial term of this contract. Requests for consideration of a price adjustment must be made at least thirty(30)days prior to the contract renewal date thereafter and submitted in writing to the Division Director of Public Utilities Department. Price adjustments are dependent upon the most recent 12-month Consumer Price Index for all Urban Consumers(CPI-U)for the Miami-Ft. Lauderdale area,budget availability,and Public Utilities Director or designee approval,and cannot exceed 5%annually,whichever is less. The Procurement Director or designee has the authority to approve price adjustments in accordance with the Procurement Ordinance,as amended. Price increase requests are not guaranteed. If approved,the Contractor will be notified in writing with the effective date of any approved price increases. The County may,after examination,refuse to accept the adjusted rates if they are not properly documented, or considered to be excessive,or if decreases are considered to be insufficient. In the event the County does not wish to accept the adjusted rates,and the matter cannot be resolved to the satisfaction of the County,a contract termination will be processed. Page 3 of 3 Exhibit A—Scope of Services CAO Exhibit B Fee Schedule following this page (pages 1 through 1 ) Page 14 of 16 Fixed Price Professional Service Agreement [2025_ver.2] cAo Exhibit B—Fee Schedule #25-8401 "FINANCIAL CONSULTING SERVICES" POSITION HOURLY BILLING RATE Executive Vice President/Senior Principal $410 Senior Vice President $400 Vice President $370 Senior Manager $330 Manager $290 Senior Consultant $255 Consultant $230 Associate $190 Analyst $160 Administration $100 Page 1 of 1 Exhibit B—Fee Schedule r 1\ Exhibit C Affidavit Regarding Labor and Services following this page Page 15 of 16 Fixed Price Professional Service Agreement [2025_ver.2] CA t AFFIDAVIT REGARDING LABOR AND SERVICES AND CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED Effective July I, 2024, pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed,or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services. Effective January 1,2024,a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the government with an affidavit signed by an officer or representative under penalty of'perjury attesting that the entity does not meet any of the following criteria: (a)the entity is owned by the government of a foreign country of concern;(b)the government of'a foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal place of business in a foreign country of concern. Effective July 1,2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access to an individual's personal identifying information,the entity must provide the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in paragraphs (2)(a)-(c),§ 287.138, Florida Statutes. Nongovernmental Entity's Name: \a- I 1 j Fi nanc iG7/ cen57,1 fit - Address: OT_/ y Mart/era Ave,1Sie.500) /Lja'i'fand,FL 327s/ Phone Number: 1f'07- Z$ / OQ Authorized Representative's Name: 7 i+I'e N/t�/ 5 O Vc°I"/1 Authorized Representative's'Title: le-& /p(16S i'r' Email Address: r O vet i UNa fn�,�_f 6Sr C(IIiYJ ' '7 i L°r ri e 0 V ery ' (Na e,f Aut prized Rre e sentative), as authorized representative attest undo' penalty of perjury4hat/ .7 ifelf5 /�Ki�! C.0 /te'Ntf5- tiqgrne of Nongovernmental Entity) does not: (1) use coercion for labor or services as defined in §787.06,Florida Statutes,and(2)the nongovernmental entity is not(a)owned by a government of a foreign country of concern,(b)that a foreign country of concern does not have a controlling interest in the entity, and (c)that the entity is not organized under the laws of'or has its principal place of business in a foreign country of concern,all as prohibited under§287.138,Florida Statutes. Under penaltYQ£per jtr ,I declare that I have read the foregoing Affidavit and that the facts stated in it are true. �f I /112/12[o (Signature of'authorized representative) Date STATE OF r/19 "a COUNTY OF V a e Sworn to(or affirmed)and subscribed before me,by means ofX„physical presence or❑online notarization this `r day of TkrdUAq, 2021o.by'Tl tEttRy kVE,p (Name of Affiant),who produced his Florida Driver's License as identification. a-0"K' Noy Public as ,nuwOx, ti I to I 2 7"4- :..40�PU8 ... y Commission Expires _ ;�• SS10N Personally Known t�OR Produced Identification 0 10021• V/ Type of Identification Produced: "*,{ ``4 ",,,'"si ..IWUMe`" t '. Other Exhibit/Attachment Description: n following this page (pages through ) ■� this exhibit is not applicable Page 16 of 16 Fixed Price Professional Service Agreement [2025_ver.2] Cr,0