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Item H1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date; Januga 16,2013 Division: Groh Manaurnent Bulk Item: Yes X No Department: Buildin Staff Contact Person/Phone #: Jem SmithSr. Director/Building Official 4 3-872 AGENDA ITEM WORDING: Approval of a contract with MAXIMUS Consulting Services, Inc. in the amount of $ 3 9, 5 o to analyze Monroe o unty"s existing fee structure for Building Department permitting, p l an review, inspections, including consideration of current revenue, and provide a report and recommended building permit, plan review, and inspection fee schedule resolution for processing approval. ITEM BACKGROUND: The current Building Fee Schedule is a very complex, outdated and time consuming methodology for staff and the public for computing permit tees. Moreover, this current fee resolution creates opportunity for inconsistency in fee deternnination and prevents the public from knowing standard fees required for a construction job. The current Fee Schedule contains sections detailing application tee, building permit fees, other department permit review fees, building plan review fees, miscellaneous administrative fees, private provider fees and after the fact penalty fees. The structure of the fees require building plan review staff to count and charge each component listed (detailed down to the number of electric sockets or sq. it. of lattice) listed in our current tee schedule. This causes delays in approving permit applications. Staff` conducted a Request for Quotes and obtained 2 submittals for this project. Maximus was the lowest bidder and was selected by staff. The fee analysis from this project will determine cost allocation methodology to capture the full cost of providing services within recommended tees, and develop a service deliverer cost -based tee schedule resolution (based on square footage or contract price) for development related functions. Additionally consideration of flat fees for several permit tvpes will be reviewed. See attached "Expected Timeline" outline. PREVIOUS RELEVANT BOCC ACTION: : CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: $39,250 INDIRECT COST: DIFFERENTIAL of LOCAL PREFERENCE: BUDGETED: Yes X No COST TO OUNTY: 3 .2 o SOURCE of FUNDS:.148- coo l-53o310� REVENUE PRODUCING: No AMOUNT PER MONTH Year APPROVED BY: County Atty Oil Purchasing Risk management DOCUMENTATION. Included Not Required-,., - DI PO ITION. Revised T09 AGENDA ITEM ## MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Maximus Consulting, Inc. Contract 4N/A Effective Date: January 16, 2013 Expiration Date: N/A Contract Purpose/Description: -- . MAXIMUS Consulting Services, Inc. contract to analyze Monroe County' s existing fee structure for Building Department permitting, plan review, inspections, including consideration of current revenue, and provide a report and recommended building permit, plan review, and inspection fee schedule resolution for processing approval LManager: Jerome A. Smith, Jr. 87 Growth Mann emeName) E t.) (Department/ top 4) meeting on 0 I / I / 13 Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $ 39,250 Budgeted` esZ No ❑ Account Codes: Grant: N/A County Match: Estimated Ongoing Costs: $ Q/yr LINot.included in dollar value above) Current Year Portion: 91)50 148- 0001- 30 10 ADDITIONAL COSTS For: N/A (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Date In Needed reviewer Division Director � Yes[] Nu❑ Risk Management " Ic Y/_n,■ 4kfyll �s N� O.M.B./Purchasing MOW Yes NoE?' f f County Attorney 12:� I t Yes❑ N ( 2---- Comments: ITI 1 1 I � � I IR ii. -11 ■�1■1.�n--" ■�q� OM13 Form Revised 2/27/01 MCP #2 Expected Timeline MAXIMUS Contract for Growth Management Fee Analysis January 2013: 0 Contract awarded Kick off' meeting (MAXIMUS work Breakdown Structure item 1.2) Data gathering strategy discussed and implemented Fehruary2013: Project status meeting ( I of ) Develop direct and indirect cost rates (MAXINWS work Breakdown Structure item ) March 2013: Project status meeting (2 of ) Develop rates (review with County finance) (MAXIMUS Work Breakdown Structure item 2) April 2013: Project status meeting (3 of ) Determine cost based fee findings reflecting service and delivery methods (MAXIMUS Work Breakdown Structure item 3 ) Meet with supervisors (use permit type plan review matrix for this exercise) May 2013: Project status meeting (4 of ) Review county demand data by permit type and determine how to express costs per permit (flat rates, sq. ft. contract price); estimate impact on county budget (MAXIMUS work Breakdown Structure item 4) Prepare report and draft fee schedule June2013: Project status meeting (5 of 6)- present staff (including finance/budget) proposed report and gaff fee schedule MAXIMUS Work Breakdown Structure item 5) Present to Construction Industry ( I of ) proposed report and draft fee schedule MAXIMUS Work Breakdown Structure item ) July 2013: Project status meeting (6 of ) County to assemble comments on fee schedule and submit requested amendments Maximus to submit final draft (MAXIMUS Work Breakdown Structure item 5) August 2013* County holds scheduled workshop with Construction industry (2 of 2 if required) on final draft t September 2013: BOCC Discussion meeting (1 of ) ( if needed as could adopt if there are not a lot of comments) October 2013: 0 BOCC Adoption (2 of ) AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Contract/Agreemenf') is made and entered into this day of o by MONROE COUNTY ("COUNTY"), a political subdivision of the state of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and Maximus Consulting Services, Inc., ("CONTRACTOR") whose address is 3689 Coolidge Court, suite 7, Tallahassee, FL 32311. Section 1. SCOPE of SERVICES The CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties as described in the Scope of services — Exhibit A — which is attached hereto and made a part of this Agreement. Section 2. COUNTY'S RESPONSIBILITIES .1 Provide all best available data requested by CONTRACTOR - as to the O NTY'S requirements for work products required in Exhibit A. Desigate in writing a person ("Contract Manager') with authority to act on the COUNTY'S behalf on all matters concerning the work product. 2.2 Furnish to the CONTRACTOR all existing plans, studies, reports, and other available data pertinent to the work, and obtain or provide additional reports and data as required by the CONTRACTOR. The CONTRACTOR shall be entitled to use and rely upon such information and services provided by the COUNTY or ethers in performing the CONTRACTOR'S services. 2.3 Arrange for access to and make all provisions for the CONTRACTOR to enter upon public and private property as reasonably required, and legally allowed, for the CONTRACTOR to perform services hereunder. Any obstruction to such access by private property owners shall not constitute a basis for waiver of any other required entries on to public and private property, nor small it provide a basis for termination of the contract. In the event that such access is so obstructed, CONTRACTOR and COUNTY shall work together to resolve the difficulty in a timely manner. .4 Coordinate with CONTRACTOR as necessary for CONTRACTOR'S performance of the tasks in Exhibit A. Section 3. TIME of COMPLETION The services to be rendered by the CONTRACTOR shall be commenced upon written notice from the COUNTY and the work shall be completed in accordance with the schedule mutually agreed to by the COUNTY and CONTRACTOR as shorn in Exhibit B, unless it shall be modified in a signed document, by the mutual consent of the COUNTY and CONTRACTOR. Subsequent services shall be perforated in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR. 1219201 Section 4. COMPENSATION 4.1 The maximum compensation available to the CONTRACTOR under this Agreement is g, 50.00. The COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope of Services according to progress reports and other documentation to show the tasks completed by Contractor. 4.2 compensation shall be paid by task completed and deemed satisfactory by the Project Manager. The schedule for payment is attached as Exhibit E . Section 5. PAYMENT To CONTRACTOR 5.1 Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the counter clerk (clerk). The request must describe in detail the services performed and the payment amount requested. The CONTRACTOR must submit to the COUNTY Project Manager, who will review the request. The Project Manager shall note his/her approval on the request and forward it to the clerk for payment. If request for payment is not approved, the Project Manager must inform the CONTRACTOR in writing that must include an explanation of the deficiency that caused the disapproval of the request. 5.2 CONTRACTOR TOR shall submit invoices with progress report of activities on a weekly or otherwise regular basis until the work under this Agreement is completed. 5.3 Continuation of this contract is contingent upon annual appropriation by Monroe counter. Section 6. CONTRACT TERMINATION Either party may terminate this contract because of the failure of the other party to perform its material obligations under the contract. COUNTY may terminate this contract for any reason upon thirty (30) days written notice to the CONTRACTOR. COUNTY shall pair CONTRACTOR for work performed through the date of termination. Section 7. AUTHORIZATION of WORK ASSIGNMENTS 7.1 All work assignments beyond or in addition to EXHIBIT "N' shall be authorized in a signed document (Work order) in accordance with the OUNTY's policy prior to any work being conducted by the CONTRACTOR. 7.2 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated and serially numbered. 7.3 The CONTRACTOR shall not assign, sublet or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this Agreement or subsequent Work Assignment without the written consent of the 1219201 COUNTY, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Section 8. NOTICES All notices, requests and authorizations provided for herein shall be in a signed document and shall be hand delivered, or mailed, certified l registered / return receipt requested, or sent by courier service with a signed receipt, to the addresses as follows: To the COUNTY: Christine Hurley, Division Director Monroe county Growth [Management Division 798 overseas Highway, Suite 410 Marathon, Florida 33050 To the CONTRACTOR: Roman Gastesi, county Administrator 1 100 Simonton street, suite 205 Key west: Florida 33040 Maximus consulting services, Inc. 689 Coolidge court, suite 7 Tallahassee, FL 32311 or addressed to either party at such other addresses as such party shall hereinafter furnish to the other party in writing. Each such notice, request, or authorization shall be deemed to have been duly given when so delivered by courier service, or, if mailed, when deposited in the mails, registered, postage paid. Section 9. RECORDS CONTRACTOR shall maintain all boobs, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Upon ten (10) business days written notice and during normal business hours, each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the funds. Any employee* consultant, subcontractor or agent of COUNTY granted access to such records shall execute a non -disclosure Agreement prior to being granted such access. The preceding sentence shall not apply to the CONTRACTO 's records to the extent such records are deemed Public Records pursuant to Chapter 119 of the Florida Statutes. 12192012 Section 10. EMPLOYEES SUBJECT To COUNTY ORDINANCE Nos. 010 AND 020,1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf, any former county officer or employee subject to the prohibition of section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this Agreement without liability and may also, In its discretion, deduct from the Agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former county officer or employee. Section 1 '1. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 of the Florida statutes, for category 2 for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the state of Florida applicable to contracts made and to be performed entirely in the state. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 13. SEVERABI LI TY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 14. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of 12192012 this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of civil Procedure and usual and customary procedures required by the circuit court of Monroe County. This Agreement is not subject to arbitration. Section 1. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bird and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 16. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 17. ADJUDICATION of DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Section 18. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19, NONDISCRIMINATIOiV COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88- ) which prohibits discrimination on the basis of race, color or national origin- Title IX of the Education Amendment of 1972, as amended (20 USC ss . 1 81-168 , and 168-1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of 12192012 handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; The Drug Abuse office and Treatment Act of 1972 (PL 92- 55), as amended, relating to nondiscrimination on the basis of drug abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-61 b), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health service Act of 1912, ss. 52 and 527 (42 U c ss. 690dd- and 2 goee- ), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title 11 l of the civil Fights Act of 1968 (42 Usc s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act of 1990 (42 Usc s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 20. COVENANT of No INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 21. CODE of ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in section 112.313, Florida statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 22. No SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, i n respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 23. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of chapter 119, Florida statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 12192012 Section 24. NON -WAIVER of IMMUNITY Notwithstanding the provisions of sec. 768. 8, Florida statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. Section 25. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the sage degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 27, NON&RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent., officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement, Section 28. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime statement, an Ethics Statement, and a Drug -Free Workplace Statement. Section 29. No PERSONAL LIABILITY No covenant or Agreement contained herein shall be deemed to be a covenant or Agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this 1219201 Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 30. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. Section 31, SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 32. INSURANCE POLICIES 32.1 General Insurance Requirements for contractors and Subcontractors As a pre -requisite of the work governed, or the goods supplied under this contract (including the pre -staging of personnel and material), the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an alternative, the CONTRACTOR may require all subcontractors to obtain insurance consistent with the attached schedules. The CONTRACTOR will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the ONTIACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire terra of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRATOR's failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: 0 Certificate of Insurance or a A Certified copy of the actual insurance policy. 12192012 The county, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the contractors insurance shall not be construed as relieving the contractor from any liability or obligation assumed under this contract or imposed - by law. The Monroe county Board of county commissioners, Its employees and officials will be I ncluded as "Additional Insured" on all policies, except for Workers' compensation and Professional Liar bl ity. 32.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. coverage shall be maintained throughout the life of the contract and include, as a minimUM4. • Premises operations • Personal Injury Liability • Expanded Definition of Property Damage • Products and completed Operations • Blanket contractual Liability The minimum limits acceptable shall be: $300,000 combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shell be: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage An occurrence Form policy is preferred. If coverage is provided on a claims Made policy, its provisions should include coverage for claims filed on or after the effective dote of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (112) months following the acceptance of work by the county. The Monroe county Board of county commissioners shell be named as Additional Insured on all policies issued to satisfy the above requirements. 32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS Recognizing that the work governed by this contract req ul res the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain vehicle Liability Insurance. 12192012 Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: # owned, Non -owned, and Hired vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe county Board of county commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. .4 WORI EI ' COMPEN ATIoN INSURANCE REQUIREMENT Prior to commencement of work governed by this contract, the CONTRACTOR TOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of net less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire terra of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self -insurer, the COUNTY shall recognize and honor the CONTRATOR's status. The CONTRACTOR ACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CONTF ACTOR's Excess Insurance Program. If the CONTRACTOR participates in a self-insurance fund, a certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. Section 33. INDEMNIFICATION Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against i) any 12192012 claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss: damage, fine, penalty or business interruption, and {iir} any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors in any tier or ether invitees during the terra of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, contractors in any tier or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation: proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the county from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the contractor is for the indemnification provided for move. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. Notwithstanding anything in this contract to the contrary, the COUNTY agrees that CONTRALTOR's total IisbiIity to the COUNTY for any and all damages whatsoever arising out of or in any way related to this Agreement from any cause, including but not limited to gross negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not, in the aggregate, exceed fees paid to CONTRACTOR. The foregoing limitation shall not apply to (1) claims of infringement, or (2) claims of personal injury or damage to tangible property arising out of CONTRA TOR's negligence or willful misconduct. In no event shall CONTRACTOR be liable for special, indirect, incidental, economic, consequential or punitive damages, including but not limited to lost revenue, lost profits, replacement goods: loss of technology rights or services, loss of data, or interruption or loss of use of software or any portion thereof regardless of the legal theory under which such damages are sought even if CONTRACTOR has been advised of the likelihood of such damages, and notwithstanding any failure of essential purpose of any limited remedy. Section 34. INDEPENDENT CONTRACTOR At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County commissioners. No statement contained in this Agreement shall be construed so as to find the CONTRACTOR or any of his/her employees: contractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent contractor the CONTRACTOR shall provide independent, 12192012 professional judgment and comply with all federal: state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its oven expense all significant errors or emissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall net apply to any maps: official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. section 35, DELAY The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. If possible, such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. such an Agreement shall be made between the parties based on funding availability. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 20 (SEAL) Attest: AMY H EAVI LIN, CLERK OF MONROE COUNTY, FLORIDA By Deputy Cleric Witness Print Name '. ■ ICY Fitness �.q_�_rry 1 ■1ii Print Name BOARD OF COUNTY COMMISSIONERS By Mayor/Chairman MAXIMUS CONSULTING SERVICES, INC. Signature Print Name and Title MON OUNTY ATTORNEY AP ROVED AS To oPM 12192012 STATE OF COUNTY OF On this - - day of , 0 f before me, the undersigned notary public, personally appeared -- -- of Maximus Consulting Services, Inc., known to ma to be the person whose name Is subscribed above or who produced as identification, and acknowledged that he is the parson who executed the document above for the purposes therein contained. Notary Public Print Name My commission expires: Seal 12192012 COUNTY OF MONRO E AUGUs-r 10, 2012 PAGES 8 THRU 1$ of MAXIMUS QUOTE PROPOSAL We Will Work as Partners with the County EXHIBIT A: Scope of Services Page 1 We believe that a collaborative work environment is a key ingredient for success. As such, we work cooperatively with all stakeholders to ensure that all perspectives and issues are addressed, mutual agreement reached, and successful programs implemented. Establishing an environment that fosters collaboration among project participants is a critical success factor. Information sharing collaboration, and )pint problem solving is a cornerstone of our approach to this effort. Our staff members' strengths are their ability to develop effective partnerships with our clients. we understand than we are your consultants and that you are in control of the programs. we will consult with you on what we believe is the most effective strategy to meet your goals and objectives. Many of our staff members are former government employees. Thus, we know and understand how public agencies operate and how decisions are made. we will work as your partner so that together we can design projects to best fit with how the County operates and best meets the Counti/s goals and objectives. In our WBS contained above in Section 1 of this proposal, we provide a detailed work plan for how we plan to conduct this user fee initiative for Monroe County. The work plan provides the following: ■ A clear description of the tasks proposed to carry out the various aspects of the work and to fulfill the objectives identified within the scope of this RFF m A schedule of activities indicating the start and completion date of each task and any interdependence of activities ■ An indication of timing of meetings that would be required with County staff ■ An indication of the timing of draft reports. Use a period of five (5) working days as an estimate for the County's review period of any draft reports or submissions provided ■ An indication of deliverables corresponding with the detailed activities/tasks ■ An indication of approvals required by the County at each stage of the assignment • A clear outline of ley communication tasks We elaborate on each task required to meet the County's goals through this solicitation, in greater detail below: Task 1. Conducf Kickoff Meeting Successful projects do not happen without planning and communication, we propose to begin the project by meeting with staff committee members to review and refine the project methodology. We will lead a kick-off meeting with staff from each Department,, the County Growth Management and Budget Department, and Finance to discuss any current problems or issues with the existing fee resolution. It is our intent to request and review data prior to arriving onsite, which we have found makes for a more efficient study and is less intrusive to the client. EXHIBIT A: Scope of Services Page 2 Among the kickoff meeting topics are: a How will the County judge the completeness and correctness of the work? we need to agree on this before the work starts, instead of using the deliverable review process to define expectations for deliverables. This is vital to keeping the project on schedule, within budget and to meeting your expectations. ■ Your need for information during the project and your expectations for who may direct our work and ask us to provide information ■ Protocol for whom to contact if things do not proceed as planned and who you should approach from our firm, so that any misunderstandings can be resolved promptly and to everyone's satisfaction a Expectations of the parties that will be involved in or affected by this work ■ Frisks to project success and tentative means of overcoming them ■ County expectations for discounts, fee waivers and sliding scale or bulk discount pricing. ■ Establish a steering committee to oversee the project and make policy decisions on how the user fees project should proceed ■ Establish, verify, and confirm the scope of the project. ■ Confirm dates for Project Status meetings in Marathon and Key Largo ■ Determine timetable for Building Industry meetings in Marathon and Key Largo It is our understanding that the County seeks to enact a new fee resolution based on service delivery that is cost -based and satisfies Florida statutes. we will also discuss with the project stakeholders and Department personnel the need to simplify their current fee schedule. As the industry leader in determining user fee service costs, we have developed several proprietary user fee models to calculate service casts. Our NEXUS model for Building and safety fees addresses the very specific nature of building fees and the requirement to accommodate a wide range of structures and structure sizes. Our NEXUS model will provide Monroe County with a fee structure than conforms to the Florida Building Code (which is derived from the International Building Code). In our experience, developers prefer this structure and client staff find it easier to administer. NEXUS produces three types of fee price schedules: ■ Prices based on the International Building Code occupancy types, with detail and scaling by project size ■ Mechanical, Plumbing and Electrical permits when required outside separate from structural work ■ Miscellaneous permits, such as contractor licenses, fences, decks, signs and the like — the list is customizable to each client EXHIBIT A: Scope of Services Page 3 Task 2. Review and Develop Indirect Cost Rates Indirect costs are those that have been incurred for common or joint purposes. These costs benefit more than one cost objective and cannot be readily identified with a particular final cost objective such as a user fee or licensing permit without effort disproportionate to the results achieved. After direct costs have been determined and assigned directly to specific fee activities and other activities as appropriate, indirect costs are those remaining to be allocated to benefitted cost objectives or in this case Monroe County's Fee Schedule, Indirect costs include (a) the indirect costs originating in each department or agency of the governmental unit carrying out the directly identifiable work effort or service and (b) the costs of central governmental services distributed through the central service cost allocation plan or other means of accurate cost accounting distribution. Indirect costs are normally charged to cost objectives by the use of an indirect cost rate. A separate indirect cost rate(s) is usually necessary for each department or agency of the governmental unit claiming indirect costs. MA IMUS will employ the guidelines set forth in OMB A-87 to prepare are indirect cost rate specific to the CountVs Building Department and subsequently apply this rate to appropriate costs that flow through our user fee models. This insures the County that the full cost of operations have been calculated and applied to each user fee, license, permit or inspection administered by the Building Department. Because of the diverse characteristics and accounting practices of governmental units, the types of costs which may be classified as indirect costs cannot be specified in all situations. However, MAXIMUS has been preparing indirect cost allocation plans and indirect cost rates for over 30 years and performs over 2,000 of these engagements each year for all 50 states. More than all other firms combined. Typical examples of indirect costs that our Project Team will analyze will include your central service costs, such as general administration of the Building Department, accounting and personnel services provided to the Building Department, depreciation or use allowances on buildings and equipment that house Building Department fee activities including operations in both Largo and Marathon, the costs of operating and maintaining facilities, to name a few. Task 3. Determine Cost -Basal Fee Findings Reflecting Service and Delivery Methods MAXIMUS has broad and recent experience in this field, both across Florida and in large county operations nationally. our project team expertise allows us to not only to anticipate the County's needs, but also allows us to share solutions that have worked successfully elsewhere. we will review and discuss fee structures from other comparable municipalities. Based on these results, we will tailor our model to meet the needs of Monroe County, We will work with the Department to identify all of the functional units and service types for which a different fee will be established and the appropriate basis for fees. This phase includes accumulate all of the relevant costs for a full -cost recovery target,, including support costs from other Departments. MAXIMUS ensures that all applicable costs are included in this fee study. We will provide complete documentation of all of our findings, and will remain available by telephone to answer questions about how to interpret or use these findings. EXHIBIT A: Scope of Services Page 4 Ivey features of our model include: ■ Revenue Analysis - Multiplying building fee prices by quantity of fees issued will not produce a revenue estimate that reconciles to County financial records. Building revenues may be received in one fiscal year, but the services not be performed until the following year. We correlate net revenues based on identical unit volume data under both the current fee schedule and the new NEXUS schedule. The figures should be reasonably close, but not necessarily identical. ■ Time to Perform Services -- Some user fee models ask for clients to describe the time required to provide a service in the aggregate (i.e., how much time does it take to do all of the work related to a single-family new residence?) NEXUS breaks the service down to its components, which we feel leads to more accurate time estimates. we apply this time to an average departmental hourly rate to derive cost by service. we use scaling assumptions that we will discuss with the County, and the County may accept them or discuss an alternative scaling method with us. ■ Staffing Requirements - By varying forecast unit volumes, the County will be in a position to understand its future staffing requirements better. Typically, we expect a percentage difference in productive hours available versus consumed of + -10%. Anything significantly above or below that amount suggests an over- or under -allocation of staff at current workload levels. we discuss how workload may be changing so that the implications of this finding are appropriate to local circumstances. We can say with justification that the MA III US NEXUS application for building fees is the best such application available to local governments. A few of our former employees - who used to tell clients that DELIS was the best available solution - have departed to competitor firms, and are now in the uncomfortable position of trying to deny their previous comments. Some of these firms have developed spreadsheet -based "knock -offs" of our NEXUS application, but these imitators lack the functionality and proven track record that only NEXUS provides. only the MA IMUS NEXUS application has been in broad use in Florida and nationally and only this application has sustained court review. Our purpose is to delve into how the Department performs each of the fee services. This process involves several steps. we will begin by review the ounty's current fee schedules and support costs charged by all Departments involved in the process. we will review all relevant prior studies, existing cost allocation studies and historical revenues. While we will be sensitive to the interruptions our work will cause, we need access to supervisors in the Department who can explain work processes and estimate the time required for these steps. We do not need to meet with all of the Department's employees. Supervisors capable of explaining the steps in intake, plan review, and inspection should plan to attend, but typically, a client would send only a handful of people to these meetings. we would meet separately with plan review staff, inspectors, and intake staff'. The Department should also assign a liaison familiar with the IAl /_V.11M1 EXHIBIT A: Scope of Services Page 5 Department's finances and who is capable of extracting data from the Department's financial records or systems. We need to gain an understanding of labor efforts for each service. we will ask County staff in Marathon and Largo to decompose their work into steps and will estimate the time required for each step. The Department will need to provide data for the amount of staff time spent on plans review, inspections and other fee related tasks. we will use this data to develop our model. We may net obtain all of the data we need in the first visit, Inevitably, some of the Department's staff will be unavailable when we wish to meet with them, or will need to research the answers to our questions. Our schedule assumes that the Department's starff will be available and able to provide reasonably prompt responses to our data requests. If exceptions arise, we will discuss the options with the Counts project liaison. This is also our opportunity to ask you questions that will help us to identify all of the sources of cost, whether the County ultimately chooses to seek recovery of all of those costs required to serge a citizen. Cost includes: ■ The direct staff involved in providing the service ■ The supervisors and support staff on which they rely ■ Consumable items in the annual appropriation ■ Direct support from other departments ■ City full overhead indirect cost ■ Allocations of fixed assets x Age and features of technology and facilities To the extent that each billed activity has unique characteristics, we will seek to understand the unique cost of that activity. Part of the cost of these services is in the administrative and overhead support they receive from other areas of the County government -- payroll, human services, finance, purchasing, and so forth. It is also important to capture the costs or overhead of those departments/divisions responsible for collecting and recording County license, permit and fee revenues. we will also identify pooled costs to be allocated indirectly to each activity (e.g., registration for activities requiring it), along with useful proxy measures to help us associate the indirect cost with billable activities. we will compile non -labor costs that support staff efforts (budgeted non -labor expenditures, internal administrative support, County overhead, fixed assets) and address whether these need to be directly assigned to specific activities, allocated to indicate benefit to multiple activities, or excluded for not being relevant to particular services. To help the County understand what we offer., we provide some examples of tables and reports. The system is table-driven, and many of the nearly two dozen tables are background working papers or inputs to other tables that we would review with the County, but not include in a final report. AAAXIMUS EXHIBIT A: Scope of Services Page 6 Productive Hours Staff are paid more hours than they have available for assignment. Paid leave and administrative assignments are important considerations. Federal rules for cost studies related to Federal grants and contracts sanction these adjustments. while the County is not under an obligation to follow Federal costing rules, the use of these rules imposes an additional level of credibility to the findings. Here is an example of the productive hours form: upervising Building Senior Building STAFF HOURS & ADJUSTMENTS SOURCE & STANDARD AVERAGE TOTAL Official Secretary Inspector R- Me . q viva end s .00 .0 . Regular Workday Hours FDIi��V ou Grose Annual Hours Available Oaloulation 208 085 15.4343 2 Ggd 5 5 Annual Annual Full ash Reductions for. Da Hours Flours Annual lours Annual Hours Annual hours Flofidav (including Flaatrn+gL Pol G�! da 14. 116 8, 584 116 118 116 Vacation � � Annual ccrual tde T 33 2. 440 120 0 200 lick Lead and Wellness �U �rlays� 1 95 , 104 96 $ -_ 95 _ Adr inistrative Leave lbl� O da ) 2 160 0 80 .Seminars, Conferences, TralnkV Varies - - 25 1.872 40 ld 24 Other Annual Accrual da ys Total Full DaReductionsHours • A o 16 4�2 228 516 SubtotalA fable Flours lo$ f3 1344183 f, 11558 115T0 Subtotal,A�llable Da 227 f TT3 20 �333 � 195 Annual Annual _ Annual Hour Reductions for: � burs Tours _ _Hours Annual Flours Annual Flours Annual flours Training OlassewSessibns f�oliry f 24 1808 40 24 40 City Manager Meetih s Department Heads 7 4 312 t� � 4 _ 12 Departmental Meet ngs Pqpart�menfio ide �' S 444 6 � _ 6 6 Division AUJanay&r Meefin s sors Only f 52 52 0 0 Staff Meem.gs All Staff t� 12 888 12 f� � 12 One on One Meefings Annual Time (hours _ T ? 50 � � _ 0 Other Annual Time ho�Lrs 0 0 0 0 0 Total Annual hour uc�o km= M .Hours W 3 5 t T2 46 70 Dal Ftedu�ions for: Hours Hours per a Hours per L)a Flours per Oa Hours per fe fours per e Break Time _ FLSA d. 0.50 37.00 0. 0.50 0.50 Other ' SuA y to AN Aotivrlies 0, 0. 0.00 0.00 _ .��.5d f 1V 0. 00 (0-50) �. � Tom/ Do&Reder rr Hours _ (0.50) (37. (0.50 A► malted Tel Da Reduce Hours L14 83$7 103 Annual Annual Annual Hour Additions for; Flours Flours Annual Hours Annual Hours Annual Hours C-am rrsated Overtime pion-Mult red (hours' 0.3 24, o 0.0 0.0 0.0 U►compensated Overtime -Annual Time lours 0.0 0.0 0.0 0.0 0.0 Outer Annual Time (hours) 0.0 0,0 0.0 0.0 0 0.0 0 Total Annual Flour Addft o0 24 0 Subtata Available Flours 11652 _ 13 25�... f 3 Annual Annual Annual Hour Reductions for: t Hours Hours Annual Tours Annual Hours Annual Tours Su r vision om �hoursa Annual Time (hoc n 0 00 Supervrsio G A roeri Anrwal Time roert 50.0% 0.0 40.0% Total S e►vls nA J�ederotlo . Hours i,4l NMI LL 35i, 71TO . * � a.p s A&WMUS EXHIBIT A: Scope of Services Page 7 Productive Hourly Rate While it is possible to develop individual employee rates and extend those rates to times for each individual, this approach greatly complicates the study without materially affecting the resultant fee structure. we will discuss with the Department options t0 use either individual hourly rates or a loaded hourly rate for each Department. The fallowing table is an example of the format we use to develop a Department loaded rate, BUD ET UM R N-6ductive Total Hourly Rate Percent of Item Source Budget Per hem Ease Bud et Salaries SubtoftINSalarfes 1651641 $ 62.22 67.04% Bane% SubtotelN8eneffts 7t5 20 $ 22.62 24.71% 74.84 81.76% Non -Personnel Costs Field & Office Maintenance Budget $ 0.02 0.02% Portable Oommunica ion Equip Budget $ 61000 $ 0.19 0.21% Offloe Supplies lAdvertising Budget 7,182 0.23 0.26% Budget _$ ^ 500 _5 $ 0.02 0.D2 Printing__ Budgel $ 3,000 $ 0.09 0.10% Printing Supplles Budget $ 300 $ 0.01 0.01% Field Supplies Budget 300 $ 0.01 0.01 % UnNOrrns - Allowances Budges _$ $ 1,675 $ 0.05 0.05% Dues, Pu blicatio n s, Books Budget $ 4,000 0. t3 0.14% _Meals MOU _- Budget $ 100 _$ $ 0.00 0.00% Special Services- Oleims Sudgel $ 129,778 $ 4.10 4.48% 11ehia Msint Oper Rate Budget 93.61 $ 2.96 R 3.23% Local Mileage, Perkin & Toll Bud et $ S00 $ 0.02 0.02% Truing, Educ,Trul,Meetng,Meals Budgel $ S150D $ 0.17 0.19§b Credit Oer+d Sep/ice Charge Budget � 2,000 $ 0.06 0.07 .._. Facility Services Budget $ 123.523 $ 3.91 4 27 Tw.hnol es Servic Budgel . 5 150, 220 $ 4,7S 5.18% SubtoalNNon-person nal Oo*U 528496 $ 16.71 18.25% TOTA BUDGET (A 21896,657 .55 1 e ea s 9-� ide rheed ° OAPi DAP $ 237,119 $ 7 50 Departmental Overhead OAP $ 117 011 $ 370 .04% SubtotalN erheads $ 354130 $ 11.20 12.23% Off -Budget items InteracWe Voice Response {5-yfear} Est $ 9,600 3 D.3D 0.33 Permit System Upgrade s-peer Est $ 102.000 $ 3.22 3.52 MAXIMUS Fee Study (5-peaO Est $ 1,540 $ 0.05 0.05% Reserve for 27th Pay Period Calculation $ 5,277 $ 0.26 0.29 SubtcUINOfF-Budget rns $ 121,417 $ 3.84 4.19% Support from Other Departments _ _ OED-Planning Est $ 483.750 $ 1630 16.71 % Finance -Revenue Est $ 47.793 $ 1.51 1.65% Fire Prevention Esi $ 62,370 $ 1 97 . 2.15 Public warts Engineering Est $ 108.267 $ 3.42 3.74% - SubtaftlNOthsr Departments $ 702181 $ 22.20 24.25% TED BUDGET 4t073406 138.79 1401 .67 Ado d ud at 3 806 667 91.55 00.00 Excluded Oos#eNNotFunded by Foss $ - $ - 0.00% -Bud el Adjustments $ 1,177 728 $ 37.24 40.67% ET ADJUSTED B 4,073,386 $ 128.79.1 140.601%1 EXHIBIT A: Scope of Services Page 8 Process Tasks If we were to ask how long the County spends with intake, plan review, and inspection for each occupancy type and each size project within each occupancy type, interviews would never finish. We make some simplifying assumptions. ■ There are certain permit types for which we will ask questions about effort level differences for projects of different sizes in a single occupancy type. For example, how long does it take to provide a group of services for a single family residence of 2,000 square feet, 4,000 square feet, 6,000 square feet, 8,000 square feet, and so on, The County's answers to how much longer it tapes to serve a larger -sized project within these key occupancy types represent a percentage difference that we can apply to related occupancy types. The graph below shows a sampling of those Labor data comparisons for Building plan check and inspection times. Total Time Estimates POPU .ATIOW.- <25K EUBC1 A CIS Building .Ise: (UBCn Occupancy Type) Average . l+L Rla" Check dean In�p�tienTail Ian Mean A-1 A-1 i heater 1 ' _ 46.5 , 105.E 48.1 75.2 16.2 53.2 52,6 62,0 59A Theater Banks 20roomo 50000 59.1 31.7 B 16.4 29.8 0 B Banks 10,000 45.3 Laundromat Laundmmal Medical Office 1,000 5,000 5,000 10,000 10,000 3.2 13.1 31.4 32.5 38.0 35.2 46.3 39.6 32.2 36,0 14.9 29.8 B _ B 21 A 20.1 24.0 24.3 29.5 21.8 MedialOffice B B Ofkft 0WIN _ 20,000 75.8 61.4 54.1 53.8 25.6 56.6 28.5 49.9 50.5 M �epar wt Store MarkeYStore MarketlSlore 100000 M 50000 21.8 M 1000 16.9 10.7 R-3 R-3 PJling ustom, Models loans-C stom, Models 2,000, 2,500 00 . O00 R-3 Dwellings-- ustom, Models 11.7 16.8 .0� R-3 R- _ llm "ustom, Models . _ 1-4. 21.9 �t llings--Custom, Models 5,040 .7 MA IMUS compares the County's costing inputs (typically, time estimates) against a universe of comparable jurisdictions. Should the County's time inputs vary significantly from those of other jurisdictions; MAC IMUS will work with the County to help identify possible explanations, we extend time estimates by demand quantities to estimate the total time spent per activity. There is virtually no chance that the first round estimates will sum to the amount of time available. Once we quantify the variance, we work with your staff to refine the estimates. There are a few checks and balances to validate the estimates. ■ Estimates have to sum to not more than the amount of time available a If a person overestimates the time for activity " ," it will deplete the remaining available time for services "Y" and "Z," creating a reality check on estimates I►�il_� ►1T�ilTf.7 EXHIBIT A: Scope of Services Page 9 ■ County department heads will review the estimates to confirm that they appear reasonable (not perfect, but reasonable, since it is not possible to use history to predict the future perfectly) n we review the estimates to benchmark them for reasonableness against answers from other clients providing comparable services. we find that the time required to perform these activities varies little by jurisdiction. For mechanical, electrical, and plumbing permits on a stand-alone basis, the process is simpler. Provided below is an example of the simplified form we use for this table. ��rssaar1 r I V9- - Intake and Tlme 07 FY08-07 Annual Annual Issuance (Includes Volume Average Surpluel Actual Revenue General Time travel) Total Time {# of Actual Current (Subsidy) Annual @ Current Fund PEE TYPES (Mina) (mine) (mins) Units.) Unit Cost Fee Per Unit Cost Pee Subsidy 1.70 duct work o2hf 10 4e 5e 9 98.8e 32.06- $ 2,888 928 1,94 olar ear `eat Recovery . Sy stem 10 48 5e 0 $ 98.88 k } $ - $ - $ - AC Cha 0-0Ut3 10 4e 5e 1,546 f 98.88 $ 32.00 $ 66.e8. $ 152.e7 $ 4e,47$103,4.02 PLUMUROWGA3 frERWT- Pool or Spa installation 10 10 174 174 63 58 1841F 184 73 68 473 Pool and Spa repair 10 13 4.922 Solar Heating stem 10 Al other Plumbing and Gas work 10 Medical Gas (includes rough -in and final) 10 156 166 Li uiied Petroleum/ HaturAl Gas Per Tank Installation 10 63 73 Piping Rough - In in 101 126 136 ri[el_1111;J4:J"IIA dA 4�- 8 313.70 $ 313.70 $ 124.46 $ 115.93 8 65.55 $ 41.33 $ 41.33 (248.16) $(272.37) S (83.13) 33.28 82.65 $ 283.01 283.51 124.46 12+t.46 $ 231. 231.85 _$ 148,380 $ 3,137 $ 1,618 $ 570.620 $ 31,005 413 $ 537 $ 406Pe03 117,375j $ - (2,724) $ (1,081 ) 153le15 $ - $ - $ - $ - 8 - $ - ...w. Ouse Meter r meter 1 .$_(15,82 over Polel onstrucion Pale 70 AMPS or ova 10 3e 4e 138 S 81.83 $ 41.33 $140.60),� 11,293 5,704 $ 6,690 Pool/Sps 10 95 105 525 3 179.01 $ 50.60 128.41 $ 93,852 26,565 8 67,417 Pool/Spa Repair 10 66 75 1 8 129.57 $ 50.60 7&97 $ 130 51 79j Smoke Detector Circuit 10 5e 88 2 8 115,93 $ 31.90 84.03 232 s4 $ 16e erw ang ul (CMO, per two meter increments)10 10 53 33 63 43 568 8 107.41 3 73.31 _$ 50.75 $ 50.75 (66.66) 22.66j $ 61,008 S 9,384 $ 28,826 $ 6,496 (32,182) 3 (2,888) Electrical Sign 128 R"re 10 78 8e 168 3 150.03 180.03 $ 25,205 $ R i 26,206 Electrical Remodels 10 152 162 2,278 S 278.19 1 $ e0.50 195.89 S 628,166 $183,379 i 445F787 Site Lighting 10 66. 76 144 $ 129.57 $ 50.60 S 79.97 $ 181658 6 7.286 $ 11 �372 Modular/Mobile Home con 10 3e 48 20 81.83 $ 31.9 48.93 $ 1,637 $ 838 999 lnspftwns outslae ot normal business hrs (min cha a one hr 10 60 70 $ 119.34 11 4 $ - $ - $ a eques Inspedons (min charge one hr) ao E[bi i rd of ppo s 10 60 70 $ 118.34 $(119.34) S � $ - 8 - h�pe e request for hearing for alternate methods and materials 10 1 60 70 1 $ 119.34 119,34 $ - $ - $ Contractors Registration 30 1 01 30 1:$ 51,15 51,18 Minutes Consumed Hours Consumed Productive Hours per FTE FTE Consumed 112,820 917,236 1r f 1, 880 15,287 17.168 1,05$ 1,056 1,058 1.8 4.5 1 16.2 I A,l_�i� EXHIBIT A: Scope of Services Page 10 Miscellaneous permits represent all activities that we do not address in the construction tables and the stand-alone mechanical/electrical/plumbing tables. The table below shows the appearance of the table for two services From a clientrs miscellaneous permits report. Intake and Plan Inspection Total FY 06-07 Check Total Process Check Process Time Volume Actual Inspection Actual Work item Hours Hours Hours (hours) (# of Units) Cost Actual Cost Cost a a cu Rate S .2 Eb- Wise se�tas�nt�aY Poch a 0.33 1.50 8.48 1032 415 3 .10 867.7 $ 901.89 Masonry Perimeter Wall 0.33 1.00 2.32 4.1.5 63 10 $ 238.13 $ �2� 2i The new construction costs (plan check and inspection) erne together in a table as we show below, using one occupancy type; Construction Type IAp IB Construction Type IIA, IIB, 111A9 I11B, IV Construction Type IAA, VB CBC Class CBC Occupancy Type Project size Threshold Base Coat Threshold size Cost for Each Additional 100 sf * Base Cost @ Threshold size Cost for Each, Additional 100 of * Base Cost @ Threshold size Cost for Each Additional 100 sf A-1 AswmblyWixed Seafing - Theater, Concert Hall - - - - 11500 $20,317 $211326 _$26,865 $30,251 $18.811 $16,931 $17,771 $22 385 $25,234 $14,0094 $61.5500 $13,545 $14,217 _ $1�,910 $0,187 $11207 $49.2400 7,500 15,000 $73.5500 $22.7700 $10.9750 $12,4455 $i s,1800 30,000 75,000 15 $14.9350 $9-9587 $6,3500 $19.62nol ' - - - $371001 $�44,145 $9.5250 $30, 834 $7.9375 $24.5255 $24F668 $ 9.4300 $35, 7 5 $29,430 The City will want to understand the unit costs and budget impact of cost -based fees. That table appears as follows: Revenue Annual Annual Average Surplus/ Aclual @ General SF Voluma of Cost par Actual Currant (Subsidy) Annual Current Fund Class I Occupancy Type I Standard Actiylty SF Unit Cost Fee Each Fee Cost Fee subsidy Subtotal S-2 Storage ---Low HazaM 14,500 19 - - 72,500 4 - - 145,000 1 - - 2 0,000 0 - - 725,000 0 - - 1.450.000 0 0,8962 $ 10,095 $ 1,124 $ (8,970) 0,1792 $ 12,992 $ 8,010 $ (4,982) $ 3,782 0,1107 $ 18,052 S 19,834 0.0894 $ 20,128 $ $ (20,126) 0.0441 $ 29,073 $ $ (29,073) 0.032114 48,545 $ $ (46,545) $ 191,803 $ 21,364 #(170,439) $ 51,988 $ 18,052 3 32,041 $ (19,927) $ 3,782 $ 19,834 $ - $(188,584j Task 4. Review County -Provided Demand Data by Permit Type and Determine how to Express the Costs per Permit We will prepare a summary table showing the name of each billed activity, the annual quantity billed (provided by the County) , the current price, the calculated actual cost per customer and the total budgetary impact at current price and actual cost. we can test if there are any "red flag" issues for discussion with you. We will work with the County to identify which fees should be set at full cost and which fees should be set at below cost. we will prepare estimates for the revenue that will be generated once the new fees are implemented, we will identify the revenue that will be generated under different options for cost recovery. &MIMUS EXHIBIT A: Scope of Services Page 11 Task 5. Prepare for Presentation at Industry and County Commission Meetings At this phase of the project it is imperative to identify impediments to implementation of the user fees. As part of this process we will work with key stakeholders, community organizations and local res 'dents to identify any issues or concerns with the proposed user fees. This process will also help create a public awareness of the purposes for the cost of services analysis and gain community support for the user fees. We will meet with the County in person and in both Marathon and ley Largo locations to review the first draft. Some of this material is technical. It helps to have the entire MAXIMUS Project Team onsite to explain it, to confirm the facts and assumptions, and to direct the County's attention to items that need more review. The County should expect to meet with MAXIMUS in groups. Just as the initial meetings divide into teams (i.e., plan review, inspection, and intake), so will the review. The same staff who attended the initial meetings should attend the first review. It takes a few drafts to confirm the facts and reconcile the labor and financial data to appropriate levels. once we have met with the County's team in person to review the first draft of the study, there is no need to be onsite for additional edits. we will perform those reviews by Internet meetings and by phone. Experience tells us that in any organization, some staff ,,will be require more time than anticipated, will be unavailable, or will be unable to commit to decisions. we stress that our goal is to be reasonable and defensible, but not perfect. To the extent that we are using recent data to predict the future, no one should expect complete precision. If we believe that we are facing such an obstacle, we will discuss the situation with the Department's liaison and develop a plan for closure. our work plan shows "dependencies' - tasks that cannot proceed until prior tasks finish. Task 6. Final Presentations Builders are sensitive about fee prices. Elected officials do not increase fee prices without justification. Many local governments have found that setting prices that recover the cost of providing services is fair and efficient. we will present our recommendations to the project staff committee, County management, and the industry, We assume that our entire project team should attend each presentation. Not knowing the nature of the presentations, we are not sure of the level of detail Recommend modifications to the fee schedule resolution for each of the departments involved in the ounty's Building Development Process. Recommend updates to the fees for the next fiscal year, and provide a ,methodology for recommending updates in subsequent years. Provide w6tten guidelines (process and procedures) for the implementation of the recommended fee ordinance. that these presentations will involve. Therefore, we felt it necessary for the authors of the study to be present If there are presentations that will not involve all of the project team, we would be pleased to revise our quote to reflect ect the change. EXHIBIT B The hours for each task are noted in the workplan. Onsite services requiring 8 hours or less are one -day meetings. Task I Project Task 1 Project Management Tasks 1.1 Arrange interview schedules 1.2 Kickoff meeting to address: Acceptance criteria for deliverables Status reporting and communications protocols Issue escalation protocol Raster of stakeholders and their interests Risks to project success and mitigation plan Confirm the work plan milestones and deliverables. process change order(s) as appropriate. Conf i rm project cha nge o rder protocol. Confi rm quality control process Three project status meetings monthly at each office 1.3 location in Marathon and Key Largo. Remainder of me etin s will occur by phone. 1.4 One day each building industry meetings in Marathon or Key Largo 2 Develop indirect cast rate(s) for building permits as permitted by Florida Statutes 2.1 Classify county units as direct service to public or indirect 22 Develop proxy measures to express how indirect costs are . shared between benefitting departments Determine whether to use a single rate applicable to all County 2.3 departments, or rates unique to each relevant department 2.4 Develop rate(s) 2.5 Review with County Finance and Building staff 2.6 Finalize rate(s) Month 1 I Z I 3 I 4 I 5 I 6 I 7 I 8 Onsite ask? Yes Yes Yes Yes Rate As 1 qq 7r Hours Extension 0.50 100 3.00 599 8.00 1,S98 16.00 3P196 1.00 200 1.00 200 0.50 100 16.00 3,196 2.00 399 r_-0.50 100 PAData Ana kysis\Fees\Requestfor8ids\Cagy of Workplan for Monroe County FL review of development permit ree schedule_o (2).x1sx Pa gk? 7 EXHIBIT B The hours for each task are noted in the workplan. Onsite services requiring S hears or less are one -day meetings. Task I Project Task Determine cost -based fee findings reflecting service and delivery methods Create worksheets for 1) structural plan review and 2) 3.1 structural inspections 3) mechanical, electrical and plumbing permits separate from structural work and 4) miscellaneous permits not categorized above Meet with supervisors in Marathon and Ivey cargo who will 3.2 describe the steps required to perform each fee service, using either estimates or aictua I time records 3.3 Determine paid leave and other deductions from assignable time 3.4 Determine relationship of non -salary operating expenses to fee services . Apply indirect cost rate(s) to direct service costs 3.6 Develop cost -based findings 3.7 Th ree rounds of d raft review, usi ng a pu nc h list, to final ize data on effort per activ ity and cost of activity 4 Review County -provided demand data by permit type and determine how to express the cost$ per permit 4.1 Explore flat rates as discussed in RFP 4.2 Develop costs per square foot where currently used 4.3 Develop costs per contract price where currently used 4.4 Review draft with County staff. provide a punch list for County to indicate desired changes 4.5 Make the punch list changes, or indicate why particular changes m2 not be desirable. 4.6 Finalize cost -based fee findings 4.7 Estimate growth patterns as they may affect demand for and cost of services 4.8 Estimate impact on County budget Month 11 2 I 31 41 51 6 I 7 I 8 I 4 I Onsite ask? 1 Yes Yes Yes Yes Yes Rate � 1 qq_7c; Hours Extension 2.00 399 60.00 1 L9g5 1.00 200 3.QO 599 0.50 100 12.00 2, 397 24.00 4,794 2.00 399 2.00 399 2.o0 399 4.00 799 5.00 999 5.00 999 1.00 200 1.C)0 2001 P®\Date AnatVsis\Fees\RequestforE4ds\ropy of workplerr for Monroe County FL review of development permit fee schedule_v4 (z),xlsx Page 2 EXHIBIT B The hours for each task are noted in the workplan. Onsite services requiring 8 hours or less are one -day meetings. Month Task Pra)ect Task 1 3 4 5 5 7 8 9 Onsite Task? 5 Prepare for presentation at industry riveting Prepare a draft Summary Report and submit the draft for 5.1 County Growth Management and Budget Department review 2 Prepare based on County staff comments up to two (2) 5' revisions to the Summary Report and submit a final report 5.3 Prepare a draft Fee Schedule Resolution based on: County Permit Types with review disciplines (per RFP Fxhibi 5.4 Q and Inspection types per RFP Exhibit D 5.5 Prepare based on County staff comments, a revised draft Fee Resolution up to two tunes and submit final r. 6 Presentation to BoCC - BOCC meetings in Marathon, Kerb Largo, or Key Kest, Mote: who- Yes '1 This may occur after the initial project work concludes. .A e . _ Deliverable task Tatal� Communications when project team is not onsite will be by phone, email, fax Invoicing milestones Amount Covers tasks 1 Completion of indirect cost rate 8,289 1, 2 * 2 Meet with supervisors to discuss effort by service type 12,784 3.10 3.2 3 Draft cast findings $,090 3.3 - 3.7 4 Determine costs per foot 4,394 4 * 5 Final presentation 51693 5, 5 39*25 * Monthly status reports are included in milestones as completed Rate � l qq.7 r, Hours Extension 2.00 399 2,Do 399 2.001399 1.SO 300 15.00 3,196 196.501$ 39,251 P•\Data Ana lysts\FeesXRequestfOrBidsNCopy of Workplan for Monroe County FL rewlew of development permit fee schedule v# (2).xlsx Page -0 CERTIFICATE F LIABILITY DATE 1 MNW0 YYYYI 12012012 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 poiicy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the Poiicy, certain policies may require an andomement, A statement On this certificate does not confer T1ghts to the certificate holder in Ileu Of such endorsement(s), PRODUCER MARSH USA SUITE 40 1255 23RD STREET, N.W. WASHINGTON DC 20037 CONTACT NAME: PHONE FAX AICNo: E-MAIL ADD i 1 NSURERS AFFORDING COVERAGE NAIL N Attl' Charmaine Davis - T-202- 3-7710 INSURER A: Harftd Fire Insures Co 119682 5 -}D UMB-12-13 INSURED `,� y,� �+ ' 1 �i ' * p �+ fYll'1�'ll��+�F INC. AND ALL SUBSIDIARIES 1891 METRO CENTER DRIVE INSURER e : T+�nr� City l=i� Insurance 29459 INSURER C : N!A NIA RESTON. VA 20190 INSURER 0: Hartford Insumnce Company Of Midw 37478 INSURER E NIA N/A INSURER F : ! COVERAGES CERTIFICATE NUMBER: ti &C03896371-' 2 REVISION NUM13ER:12 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED FAMED 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 CONDIT'ONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IEFF LTR TYPE OF INSURANCE I POUCY NUMBER MMIDC0MYY IYIPNO DCOYP E P I LIMITS A GENERAL LIABILITY 41U. NTE1116 M11 12 ! 5l01113 EACH OCCURRENCE $ X COMMERCIAL GENERAL LIABILITY DAMAGETO PR a r4TED r 1.000' CLAMS MADE Lx I OCCUR I IVIED EX_P (Any we perm] 10.000 .. . 1 . *000 PERSONAL & J" D INJURY ; S r � GENERAL AGGREGATE $ 2.OM.000 e 2, ,ODO GEN'L AGGREGATE LIMIT APPLIES PER: i PRODUCTS - COMPIOP AGG $ J PRO. I POLICY # LOC ! I :. AUTOCOMBINED SINGLE LIMIT 1 AUTOMOBILE La}AeIUTY �T I ,�8112 .,1f�13 : � E� �� ,0� ANY AUTO i BODILY INJURY (Per per5w) � ALL OWNEDSCHEDULED I BODILY INJURY (Per secklent l $AUTOS AUTOS ! fI1 I ROHIRED AUTOS AUTOSP$ ardent UMBRELLA uAB OCCUR � EACH OCCURRENCE $ EXCESS LtAI$ CLAIMS -MADE AGGREGATE , $ DED RETENTION S S D WORKERS COMPENSATION I 42 WN MG3740 (AOS) 051011 12 05/01/201 J X WC STATU- OTH- AND EMPLOYERS' LIAIBILITY B ANY PROPRIETOR/PARTNER1EXECUTIVE YIN 42 MC37 1 (WI) 1a 01 � 11 13 1. D'0 E.L. EACH ACCIDENT OFFICE"EMBER EXCLUDED7 N N / A INFanaddtory In NHS i E.L. DISEASE - EA EMPLOYE $ .I,000 II yes. desalle under 1.. DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHfCLES (Attach ACORD 101. Addhlenal Romp rks Schedule, It mon a pact Is rasqulredl RE. ANALYZE MONROE COUNTY'S EXISTING FEE STRUCTURE FOR BUILD NG DEPARTMENT PERMITTING. PLAN REM EW, NSPEOTIONS, AND CURRENT REVENUE, AND PROVIDE A RECOMMENDED BUILDING PERMIT, PLAN REVIEW AND INSPECTION FEE SCHEDULE W TH A FEE RESOLUTION, BASED ON COUNTY SERVICES PROVIDED AND COSTS THEREOF CONTRACT START DATE, 1 2013. CONTRACT END DATE. 1a,31; 2013 DIVIS'DN C 1.116 003 CON FNSV MCS/SUNBELT MONROE COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS • S NCL, DED AS ADDIT ONAL INSURED WHERE REQUIRED BY WRITTEN CONTRACT WITH RESPECTS TO GENERAL LIABIUTY AND AUTO LIABILITY CERTIFICATE MOLDER CANCELLATION - MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ATTENTION: MAYRA TE RZANOS, GROWTH MANAGEMENT DIVISION 2798 OVERSEAS HWY SUITS 400 MARATHON. FL 33050 SHDULD ANY OF THE ABOVE DESCRIBED PDLICI ES BE CANCELLED BEFORE THE EXPIRATION DATE THEREDF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIDNS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Mahashl Mukheri 0 'I 9SS-2O10 ACORD CORPORATION. All rights reserved., ACORD 25 ( 010/05) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: Endorsement Number: Effective Date: Effective h oU r is the same as stated on the Information Page of the policy, N aria ed I nsu red and Ad dress: If this policy is cancelled by the Company} other than for non-payment of premium, notice of such cancellation will he provided to the certificate holder(s) with mailing addresses on file with the agent of record. Such notice WIl be provided within 30 days of the Company's receipt of certificate holder(s) information from the agent of record. If notice is mailed} proof of mailing to the last knarn mailing address of the cedfrcate holder(s) on file with the agent of record will be sufficient proof of notice. Form WC 99 03 98 printed in U,S.A. Process Date: Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of Insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send native shall impose no liabilfty of any kind upon the Company or its agents or representatives. Policy Expiration Date: C 2011, The Hartford