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Item I3
BOARD OF COUNTY COBMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 19,2014 Ph ision: Orowth awnt Bulk Item: Yes No ® Department: Building Stag Contact Person: Jerry Smith, Sr.Director/Building Official Phone: 453-8729 AGENDA ITEM WORDING: Approval of Second Amendment to the contract with Maximus Consulting Services, Inc. allowing its assistance to implement the new Fee Schedule for the Building Department. ITEM BACKGROUND: Maximus Consulting Services was retained by the County to perform a fee analysis for the Building Department to recommend modifications to the Fee Schedule. The Second Amendment will allow Maximus to assist in the implementation of time new Fee Schedule. This task was not in the original Scope of Services therefore it is recommended that this Second Amendment to the Contract be executed to facilitate the additional work The additional cost shall not exceed S10,000.00. PREVIOUS RELEVANT BOCC ACTION: January 16,2013:The BOCC approved the contract with Maximus Consulting Services. September 17,2013:The BOCC approved Amendment#1 to the Maximus contract. February 19,2014: The BOCC approved Option#4 of the proposed Fee Analysis. CONTRACT/AGREEMENT CHANGES: Second Amendment STAFF RECOMMENDATIONS: Approval TOTAL COST: $10,000.00 INDIRECT COST: S BUDGETED: Yes O No O DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: S SOURCE 07 FUNDS: 14&50001-SM310 REVENUE PRODUCING: Yes [] No O AM OUNT PER MONTH Year cr APPROVED BY: County Attorner. CF 0 Risk Menagemrment: DOCUMENTATION: Included: O Not Required: O DISPOSITION: AGENDA ITEM#: Revised 7109 MONROE COUNTY BOARD OF COUNTY COMMISSIONER CONTRACT SUMMARY Contract with: Maximus Consulting Inc. Contract 9 Effective Date: Expiration Date: Contract Purpose/Description: 2`d Amendment to Contract to Lhnplenient Fee Schedule. ContractManager: _Jerry Smith 2521 11 (Name) (Ext.) (Department/Stop#) for BOCC meetin on 3/19/2014 A soda Deadline:3/4/2014 CONTRACT COSTS Total Dollar Value of Contract:$ 10,000.00 Current Year Portion: $ Budgeted?Yes® No[] Account Codes: 4�-SQQ1-530-�- Grant:$ County Match:S N/A ADDITIONAL COSTS Estimated Ongoing Costs:S /yr For: nt included in do.Uer.value,abov!2 r intenence,utilities,'enitorW.salaries,etc CONTRACT REVIEW Cages Date Out Date In Needed Reviewer Division Director Yes[]No[ ]" °f Risk Management Yesn Nba 3 - : O.M.BJPurchasing c Yes[]Nod County Attorney Yes No �� 9-4 Comments: ©IB Fom Revised 2127101 Mcp-#2 2 ND AMENDMENT SECOND AMENDMENT to CONTRACT FOR PROFESSIONAL SERVICES WITH MAXI MUS CONSULTING SERVICES, INC. This Second Amendment(Amendment) to the Contract for Professional Services dated January 16, 2013 (Contract), between Monroe County (County) and Maximus Consulting Services, Inc. (Contractor) is made and entered into this day of 2014. WITNESSETH: WHEREAS, Contractor was retained on January 16, 2013, to perform a fee analysis for the Building Department to recommend modifications to the fee schedule, provide updates for the next fiscal year, and provide written guidelines for implementation of the recommended fee ordinance pursuant to the Scope of Services and hourly requirements in Exhibits A and B of the above referenced Contract; and WHEREAS,the County has requested an amendment to the Contract to provide assistance to the County with implementing new fees for development permitting as adopted by resolution of the Board of County Commissioners on March 19, 2014; NOW,THEREFORE, the parties agree as follows: Section 1. The scope of services listed on Exhibits A and B of the contract shall be amended as shown on Exhibit Ito this Amendment to include additional services. Section 2. Contractor's fee for this service as shown on Exhibit 1 is based on the hourly rate shown on Exhibit 1 and shall not exceed Ten Thousand Dollars ($10,000.00). Payment will be made monthly upon submission of invoice and documentation approved by the project coordinator and division director. Section 3. If additional on-site visits are required they shall be compensated as stated on Exhibit 1. Section 4. Section 23 of the Agreement between the parties is amended to read as follows: Pursuant to Florida Statute §119.0701, Consultant and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: BOCC March 19, 2013 Page 1 of 3 a. Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in the performance of this Agreement. b. Provide the public with access to public records on the same terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost,to Monroe County all public records in possession of the Consultant upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. e. County may cancel this Contract immediately if there is a violation of this Section. Section 5. This Second Amendment shall be effective as of the date of execution and the termination date shall be December 31, 2014. Section 6.The person to send notices under Section 8 of the Agreement is Matthew Schuneman Maximus Consulting Services, Inc. 3689 Coolidge Court, Suite 7 Tallahassee, FL 32311 Section 7. The following language shall be added to the Contract as Section 2.5: "The Client represents that all financial and statistical information provided to Consultant by Client, its employees and/or agents is accurate and complete to the best of the Client's knowledge. Consultant shall, upon notice of audit, make work papers and other records available to the auditors. Consultant's sole responsibility under an audit shall be to provide reasonable assistance to the Client through the audit and to make those changes to the work product as a result of the audit. Consultant shall not be liable for any audit disallowances or any missed or lost revenue associated with, or related to, the Services, regardless of cause." BALANCE OF PAGE INTENTIONALLY LEFT BLANK BOCC March 19, 2013 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day of 20 MONROE COUNTY (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor George Neugent 00 . 0 , l3J MAXIMUS CONSULTING SERVICES, INC. oQ MId Witness Signature o Print Name Print Name and Title Witness Print Name STATE OF COUNTY OF On this day of , 20 , before me, the undersigned notary public, personally appeared , of Maximus Consulting Services, Inc., known to me to be the person whose name Is subscribed above, and acknowledged that he is the person who executed the document above for the purposes therein contained. Notary Public Print Name My commission expires: Seal BOCC March 19, 2013 Page 3 of 3 § 73 ) Ir . § r . . . . .. § - \ \ ) § 2 ) , \/ t g £ - - c \ _ \ § \ f4 ( 7 \ . m _ ± E _ t ) ® k} : = EP ( e | [{ « $ 2 3 & / } 2 f / \ f 4J k aj \ � 0w Ia / ` � � Ln \ / - \ / a # # # = & ( ii « 9 >zZ- \ \ j \ \ \ \ oj / ) % \ ] } / ) & j ) { 2o lol 1ST AMENDMENT FIRST AMENDMENT to CONTRACT FOR PROFESSIONAL SERVICES WITH MAXIMUS CONSULTING SERVICES, INC. This First Amendment (Amendment) to the Contract for Professional Services dated January 16, 2013 (Contract), between Monroe County (County) and Maximus Consulting Services, Inc. (Contractor) is made and entered into this day of gym , 2013. WITNESSETH: WHEREAS, Contractor was retained to perform a fee analysis for the Building Department to recommend modifications to the fee schedule, provide updates for the next fiscal year, and provide written guidelines for implementation of the recommended fee ordinance pursuant to the Scope of Services and hourly requirements in Exhibits A and B of the above referenced Contract; and WHEREAS, the County has requested an amendment to the Contract to provide a comparison with other jurisdictions of the fees charged by them and those which may be recommended or calculated by the Contractor; NOW, THEREFORE, the parties agree as follows: Section 1. The scope of services listed on Exhibits A and B of the contract shall be amended as shown on Exhibit 1 to this Amendment to include additional services. Section 2. Contractor's fee for this service as shown on Exhibit 1 is Two Thousand Four Hundred Thirty-eight dollars ($2,438.00). Payment will be made upon completion of the task according to the provisions of the Contract. SIGNATURE PAGE TO FOLLOW BOCC September 17 2013 k IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the 70-- day of 06&& 20 13 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MY HEAVILIN, CLERK r AQG4 � ONROE COUNTY, FLORIDA By By Deputy Clerk Mayor George Neugent COON fY ATTORNEY AP O FORM < Oate: MAXIMUS CONSULTING SERVICES, INC. Witness gnature Paula Amold Cor►dracts Manager O Print NAmmee Print Name and Title Witness Print Name C=J l' 1_T1 -  1 d t (NOTARY BLOCK ON NEXT PAGE) C ] •+ C:� k } i BOCC September 17 2013 j t } i STATE OF KlWd 71WX COUNTY OF r/v)K On this � ay of , 20�3 , before me, the undersigned notary public, personally appeared � )a4 ,QR'W40 C,��Lau ",,tA ' of Maximus Consulting Services, Inc., known to me to be the person whose name Is subscribed above or who produced P&kSa W kly 44 drr, as identification, and acknowledged that he is the person who executed the document above for the purposes therein contained. r Y v Notary Public "!' ER 2'p •. NOTARY e PUBLIC Print Name =Z REG.#355683 � i MY COMMISSION :� •• EXPIRES . ��°•, 0713 1/2 0 1 7 Q` My commission expires: =„F1 ' E BOCC September 17 2013 CONTRACT AGREEMENT FOR PROFESSIONAL SERVICES IS AGREEMENT ("Contract/Agreement") is made and entered into this f4 . day of ,18 3 , by MONROE COUNTY("COUNTY"), a political subdivision of the State of larath'an, rida ose address is the Marathon Government Center, 2798 Overseas Highway, 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 2.1 Provide all best available data requested by CONTRACTOR-as to the COUNTY'S requirements for work products required in Exhibit A. Designate 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 others 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 shall 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. 2.4 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 shown 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 performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR. 12182012 Section 4. COMPENSATION 4.1 The maximum compensation available to the CONTRACTOR under this Agreement is $39,250.00. The COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope of Service 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 B. 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 County 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 Cleric 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 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 County. 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 pay CONTRACTOR for work performed through the date of termination. Section 7. AUTHORIZATION OF WORK ASSIGNMENTS 7.1 Ali work assignments beyond or in addition to EXHIBIT "A" shall be authorized in a signed document (Work Order) in accordance with the COUNTY'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 12182012 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 I registered I 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 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 Roman Gastesi, County Administrator 1100 Simonton Street, Suite 205 Key Vilest, Florida 33040 To the CONTRACTOR: Maximus Consulting Services, Inc. 3689 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 books, 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 Cleric 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 CONTRACTOR's records to the extent such records are deemed Public Records pursuant to Chapter 119 of the Florida Statutes. 12182©12 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 11. 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. SEVERABILITY 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 12182012 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 attorneys 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 15. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind 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. NONDISCRIMINATION 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_ 88-352) 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. 1681-1683, and 1685-1686), 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 12182012 i i 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 92-255), 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 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title VIII of the Civil Rights 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 SOLICITATIONIPAYMENT The COUNTY and CONTRACTOR warrant that, in 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. 12182012 Section 24. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 758.28, 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 same 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 25. 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 12182012 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 CONTRACTOR's failure to provide satisfactory evidence. The CONTRACTOR shall maintain the required insurance throughout the entire term 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 CONTRACTOR`s failure to maintain the required insurance. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or A Certified copy of the actual insurance policy. 12182012 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 Contractor's 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 included as"Additional Insured" on all policies, except for Workers' Compensation and Professional Liablity. 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 minimum: 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 shall 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 date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall 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 requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance. 12182012 i Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: ® Owned, Non-Owned, and Mired 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. 32A WORKERS' COMPENSATION INSURANCE REQUIREMENTS Prior to commencement of work governed by this contract, the CONTRACTOR 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 not 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 term 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 CONTRACTOR's status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR'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 void the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against(i)any I2182012 i claims, actions or causes of action, (H) 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 (iii) 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 t ier o r o ther inv itees du ring the t erm o f t his Ag reement, ( 13)t he neg ligence o r w illful 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 above. 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 CONTRACTOR's total liability 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 CONTRACTOR'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, 12182012 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 own expense all significant errors or omissions 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 not 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 _14. day of 013 (SEAL) BOARD OF COUNTY COMM!ESIONEPfg Attest: AMY HEAVILIN, CLERKr OF MONROE COUNTY, FLORIDA > C in CD BY Deputy Clerk Mayor,George=--P`di-gent rn 4 ,c� c—) MAXIMUS CONSULTING SERVICES,cj IC.:0 -,a r rtness STgnatur6 _A Print Name - Print Name and Title Adam Polatnick Wit s Vice President Assistant General Counsel Print Name MONROE LINTY RNEY APPROV A T E RM 12182012 �at�: STATE OF !f 1 nI COUNTY OF "((�9—� O his Ldda 20 �J , befol� me, the undersigned notary public, personally appeared of Maximus Consulting Services, Inc., known to me to be the person whose name is subscribed above or who produced _ as identification, and acknowledged that he is the person who executed the # ky for he umqse therein contained. ata u i f��� � � YUCHIN 'CNO MILLER NOTAPO' G',?�?LIC Print Name Cornmonwea;th or Virginia Reg.#4108476 My commission expires: � Seal MY Commission Expires May 31,2013 12182012 } 3 A COUNTY OFMONROE EXHIBIT A: Scope of Services AUGUS`C 10,2012 PAGES s T'HRV 18 41MAYSMUS QUOTE PROPOSAL Page I We Dili Work as Partners with the county 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 joint 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 that 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 County'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 RFP ® A schedule of activities indicating the start and completion date of each task and any interdependence of activities in 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 key communication tasks We elaborate on each task required to meet the County's goals through this solicitation, in greater detail below: Task ?. Conduct 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: is 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. is 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 • Expectations of the parties that will be involved in or affected by this work • Disks to project success and tentative means of overcoming them • County expectations for discounts, fee waivers and sliding scale or(sulk 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 costs.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 that 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 : 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. MAXIMUS will employ the guidelines set forth in OMB A-87 to prepare an indirect cost rate specific to the County's 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--used 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 'age 4 Key features of our model include: im 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 MAXIMUS 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 NEXUS 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 MAXIMUS 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 County'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 EXHIBIT : 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 not 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 staff will be available and able to provide reasonably prompt responses to our data requests.If exceptions arise,we will discuss the options with the County's 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 serve a citizen.Cost includes: The direct staff involved in providing the service The supervisors and support staff on which they rely m Consumable items in the annual appropriation Direct support from other departments N City full overhead indirect cost m Allocations of fixed assets m 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. 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: upery s ng > Buliding Senior Building STAFF H OUR8&ADJUSTMENTS SOURCE&STANDARD AVERAGE TOTAL.:: Official Secretary tnspector Full-Time qu slrrrts(FM) .---- u-_ dgel f.00 Ragular Workdry Hours Po' rMOU_ _ 8.0 Gross Annual Hours Available Calculation 2056 208G 2,086 2,086 2.086 Annual Annual PH _ Full D Reduction s for: Days Hours Hours Annual Hours Annual Hours Annual Hours Noble inctuding Floating) T Poh 1MDU da s 14.5 777iK7 .8,584... 116 i i6 116 Vacatron AnnuatAccruafs�mm.� 10 33 2440 120 -0 - 200--- — ---� SIGs Leave and Wellness PolicylMOU{days- - -�12 „96N t 7.704; 96 _ "-- 98 -gs - Administrative Leave PO /MOUfdays) — _5 2 1d0 80 - 0 80 - - - - -- --Seminars.Contercnces.-Tralnmg Varies 2 25 ]972' 40 16 24 -- w - -- - —other Annual accrueaX1J- -- 0 0 0 0 0 0 Total Full Da Reductions Hours 272 20,160 452) 228 (516 -_ Subtotal Available Hours 1,813 134a183 1,634 1858 �570 Subtotal Available Dag - -� 227 1 �773. 204 232 196 Annua{ ' ArFratiaf _ Annual Hour Reductions for: Hours Hours Hours' -'Annual Hours Annual Hours Annual Hours Traintng ClasseslSassions FOl -- -- 1 2f 1:8 8 :: 40 24 40 G Mena r McWin s De nment Heaas 7 4 312 : i2 - 4 12 -Deparlmentat MaetirrQs Deparfinenhvide i O 44.4 _ B 6 8 - -- DNisron Mana rr Meetrn s Supervisors poly 3 -' i 52 W 52-� --- D - __ p - staff MeetlnW - AU Staff - i2 12 888 12 i2 12 One On One Meetings Annual Time(hours) 50 - Other - —_-._.._. Annual Time(hours) 0 Total Annual Hour Reductions Hours 48 s (172) 46 70 I inure per Houra per' Hours per Hours per Hours per Dal Reductions for: -- Hours Da Da Da Da {}a rca -`" -' --- BkTrme _�_... - FLsa 05 O5D 3700 0.50 0.50 0.50 --- — - -- - other --- _-- r1 tO AHActrvrties 0 0 00 0.00. ;.> 0.00 0.00 000 To Daily Raductlons Hours -- (fl 50J {3TOD_ (0.50) 0.5D) (0.50 _ Annualized Total Deli Reductions Hours 114} 838T :' {102 (l i6) 98 Rnnual' ' Rrrnual Annual Hour Addltlons for: Hlours Hours Annual Hours Annual Hours Annual Hours CompensatedOyarlirge Non-Multi ied hours 03 24,0 0.0 D0 0.0 �L.-.-,L- ... Uncpmyensafal Overtime _ Annual Tima hours_-- - 00 04 _ 0.0 _ 0.0 _ 0.0 _Other TT_ T_ Annual Time(hours -— fl 0 Dfl __ 0.0 0.0 0.0 Total Annual HourAddltlon Hours 0 24 0 tMnual 0 Subtotal Available Hours 1,fi52 122`286; 1,360 1,402 r4hnual Annual Annust Hour Reductions for: _ Hours Hours Annual Hours ours Annual Hours Su ision,G&A hours Annual me hvura1_ _ 0 0 5u rvrsion,G6A rcenAnnual Time rceni SO,OX 40.OSb TOW Su ®rvisfon,G8A Retfucrlons Hours 1 9 1.:r;:. {6d0) 0 (561) i MMMU 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 to use either individual hourly rates or a loaded hourly rate for each Department The following table is an example of the format we use to develop a Department loaded rate. BUD ET,3U MARY Y..'200849 Proolutfive.' TotaA] hourly Rath Peres»L of Item .Source B at Per Item Baas Bud et - -Su6tota1N5alarlra S 1 661 64i 62.22 57.64•• Subt*UINBanafifa ; 715fi20 ; 22.62 24.71% TOTAL SALARIES It 13ENEFIMT d ;367,161 4.84 1 Non-Psrtonnst Costa - Field 3 Moo Maintenance Budget-u- S - - 500 5 't).02 -� 0.4290 Portable Communication Equip B� udQet 5 6,000_ S 0.19 0.2i% Me Supplies a _ 7,182 S D.23 - 0,25% Advertising _ 8udflct S 500_ S 0.02 0.02% Budget ; - 3.00� S 0.99 0.10% nnti Su ies --- - Budget - S- 30_0_ S 0.01 0.01% Field Supplies _Budget - - f �- 300 S 0.01 0.01% Uniforms-Allowances Budget S -1,575 ; �0,06 _ 0,05% Dues Publicslions,Rooks - Budget ---- -S 4.000 S 0,13 0.14% _ Maala MOU __ Budget. $_ 100 S -- 0.00 000 EMI Services Claims Budget. - 5 129,776 s' 4.10 - 448% Vehicle Msint S Offer Rate _ Budget 5 93,61 B S 2.96 - 3,23% Local Mileage, __Parkng S Toll Budget S 500 S 0.02 _ 0.02% �Tming,EducTrA,Meetng,Meais - Budget_ W ; 5,500 S 0.17 0.19% Credit Gerd Service Cherye - -Bu et S - 2,a00 ; a 116 - �O.D7S6 Faulity Services _ � B et S 123.523 S - Su - --- . 3.91 427%Tech Strvices Budget 18% btotalNNonPsaonnei Coas . . O.AL'a Ad 4,995,6 91.65 1 :110% s G e Overhead CAP _ CAP $ 237.119 $- Delaartmental overhead CAP ;- 117,011 $ - 370 4,t14% - -,-�_- -- -----SubtotslNOverbeads ; 364130 ; 11.20 1223 interactive Voice Res onse 5- "rl Est S 9,600 S 0.30 f 0.33% Permit System Upgrade 5- ear Est _ _ ; _102,000 $ �_3.22 3,52% MAXIMUS Fee 5 5- ear Est _ S 1,5�10 SW_� D.DS _ � 0,05% Reserve for 27th Pa Period Cskulat on S 8.277 -0.26 0.29% Subtota3N0ff-8ud etltema $ 121,417 ; 3.84 4.1K Support fro ttents - CED-PlanNoq Est $ 483,75a ;T 55.30 Finance Revenut -- Eat- - -- S T 47,793 S _f.51 -�1.65% _ Fire Prevention T Est --- S 52.370 S 1.97 2.15% --- Public works En ineerin Est �- $ 108,267 $ 3.42 _- 3.74% SubtotalNOthorDepartments $ 702181 ; 22.20 24.255E T DG 4, 73;386 ; 125:79: 1 7% Alfa ud et 218961657 106:0 % lrxuludc.'-Cs ;fa*a $ ; FOR Off l3ttd ptAd ustntorifs.. g 1,177,728 $ .':: 37,24 411.67S�o NET AD: . BUDGET 4;1173;386 123:79 140.67"! 111 MIMUS 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 takes 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 pOPUfATIbAI'4 UBC1 Average Plant 1n IBC Class Building Ufe,{UBCARC Occupancy Typ*1 S .Ft Maas1 T..oWi Mean A,1 Theater 10,0 4. -p :6 .; - - --- - A-1 Theater 20,000 46.5-_ - 59.1 1r]5,6- B Banks 5,004 16.4 31.1A11.- 8 Banks-- --- -- - ---- ---- - _ _ 10,000 29.8 45.3 _r752 B Laundromai�- 1,000 3.2 - 13.1 - 76s2 - � ---- B Larridromaf 5,000 21.8 31.E - s32. -- B Meaki Office 5,000 _201}medical Office - - 10,000 _ 240 6.0 33,`t1. B off[ces--- W_ - - 10.000 24.3 35.2 B Offices _.._._. - �- --20,000 29.5 - 46.3 75$ M t5lare _ �- -- 10,000 21-8 -_ 39.6 M fdarketl5lore 5,000 21.13 32.2 M MarkeVSfora 10,000 16,9 _ 36.9 SE - — R-3s-Cusiorn,Modals 2,000 10.7 14 9 deli s-Gusiom,Models 2,50 n8 R-3 6Nel Ns--C,uslom,Models 3,000 _-11.7 _- 16.8 -R-3� 5411ir9s-Cushm,Models - -.- ----4.n —21.9 - 28.0 R-3 AxYeA s C�[om,Models ..._�_-- -- �� 21.8 - 293� MAXIMUS 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; MAXIMUS 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 ■ If a person overestimates the time for activity"V' it will deplete the remaining available time for services "Y" and'Z," creating a reality check on estimates i 1 s N1A mus i I 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) ■ 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. I REVENUE IMF TS. Intake sod Tlme 07 FY 06-67 Annual Annual issuance' ;[includes' Volume Avenge Surplus! Actual Revenuo: Genml Time ; travel) i'Total Time (1e af.: Actual Current (Subildy) Annual a Current Fund FEE TYPES.. imina} (nittls) (m(ns) Unks} Unit Coat PN P"Unit Cast Fee 3ubs(dy. 170 Ductwork AS on vW48 S 32.00 u Heat/Heat Recovery S 92.8 el48 $ $ h 0 10 5Q 6 1_ $ ,47i.PL [_ � ��il31 ,402j Pool or Spa installation 10 174 184. 473 S 813,70 $65.65 ;(2¢8; b} S :1gd,380 S 31,005. $117 375 Pool and S n it 10 _ 174 1E4 14 $ 3!3'70; $47-33 i427237) i 373T 5 413'; ; [ 724) Safe eab slam --_ i0 -�"83_ 73 13 S 12S461 S 41.33 S (BS"13} 3 1 618 "; 537r f other Plumbing and - = —" Gas work 10 58 68 4,922 S 115 43` S 82,65 ; 73 26 $ '570 620 $40Q893` 163 6t5 Medical Gas indudes nw h-in and fi 1 i0 156 166 ; 233 q1 91 $ S 3 L u tied Patrol U Platur Gee MIT Inataflatfon 10 63 73 S 124:419 12�• PI R h-In In 10 ,2s 136 $::231 SS 231'i86) EL - ouse eter( r meter 1 4 3 bi 131.90 42 S ower PolefGonstrucion . Pole O AMPs or over 10 38 48 138 ; 81 83 $41.33 3 40aba i 11 293 5,704 i (b . PootlS a 10 95 10b: 25 S 9.01 S$0.60 ;12l$41 $ 93,962- $ 26.565:.. §. 67 417 Poo115 a Repair 10 66 : 76'- 1 i 128 57': $50.60 S 78:67 S ! Dr 51: 79 Smoke Detector Circuit 10 58 68' 2 $-'115, 3' $31.9❑ ;'84:03) 3 232' 64' t$ 788 eMco hangs-out (CMO.per two meter Increments 10 53 63 568 $ 107 41: $50.76 ; {5 SS) 4 61 008 $ 20, 826 __— ,.Electrical S n 10 33 43:: i28 3 7331 S 50,75 28.56 i :.9,384 i (2Rewire 10 B 8s 158 4 150;03: 1fi0;03 S :r25 205 SS ..... ) edrral Re als 10 152 1b2;: 2,278 ; 276 i4; $60.50 S(11f5:69 $":6'29 166 ;i'183,379 44b;T87 Site Lighting 10 66 Tfi:: 144 i 29:57 S 540.6D $ $i9 $ `:18858 5; 7286;',:; gt'372) OT AAodularlMobile Home con 10 38 -'48 20 S si81';all $31.90 _ 49: $ 1 tS97 $ 838 99& naoutside o normal business firs(min charge one hr 10 60 70 aquca brat inspecbons(min charge one hr 10 60 7tl S 119<34 e Board -------_.- request for hearing for akemate methods and materuIs 10 60 70 S 119.34 Gontractor'a Registration 30 0 3 119 34 i F` t Am evenus Minutes Consumed: 1 1, Hours Consumed: 1 880 15,287 17,168 Productive Hours per FTE: 1,0 1, 8 1,056 FTE Consumed: NMIMUS } 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 client's miscellaneous permits report, a Intawand P lan Inspection Total FY'05-07 Check Total. .-ProcessChuck Process Time Volume Actual fnspeetlan Actual Work Item Houma Hours -....:Hours (hours) ( of Unfits) Cost Actual Coat .Cast;:.' StanclaM. our y_.,a e >3u11S(1at . fsa ptlell poops a 0.33 1,50 8.48v 102 415` $ 410 86ff.7Wa 0.33 Mason Perimeter Wall . '0 22 The new construction costs (plan check and inspection) come together in a table as we show below, using one occupancy type: onstrutt n.:Ype onstruc on.;:.ypo onsrruc on.; ype L4,IB IW II ,IIIA.)11lB,aV VA VB :Base Cost , Cost for Bass Coat Coet;for Bay Coat+' Cortsfor Each Each-1c11 CE}C Project 41[n Threshold Additional Threshold; Additional Threshold Additional: Class CBCoccu nc .T Threshold Size toosf' Size 1gq:sf 'sSizs 7gq'sf• A-1 Assem_blyN DMcl Seating 1.500 220,317 316.511 $16.931 $14.0094 $13,545 $11.207 Theater,concert Hal( _ _ 7_500 $21,326 $_73.8600 17,771 561.5500 514,217 $49.2400 F15000 Y $26.865__$22.7700 $22,388 $18.975 $17,910 __ P5.1800 _7�ODG 0,000 _330,281 $14.9350 _ 325,234 $j2.445 _ $20.187 $9,9567 537,001 39.5250 $30,834 $7.9375__F$24,668 56.35000,000 344,145 529.4300 336,788 324.5254 5291430 319,6200 The City will want to understand the unit costs and budget impact of cost-based fees,That table appears as follows: Revenue Anriva! Annurl Average surplus! Actual 0 General $F Volume of Coat per ACttia! Cur►ent (Stehatdy) Annual. durranti Pund Class Occupsncy_Type Standard JSctivity SF Unit;Cost Fpe Eith Fee Cost Fee Subsld Subtotal S-2 Storage-tow Hazard 14,500 19 0.6962 S 10,095 $ 1.124 $ (8,970) 3101,BD3 S 21,364 $4170,439) 72,500 _ 4 _0.1792 $_12,992_ $ 8.010 $ (4,9e2) $ 51,988 S 32,041 i t19,927J 145,000 1 0.1107 $ 15,052 S 19,834 $ 3.762 $ 18,052 S 19,834 $ 3,782 --- 280,000 - 0 O,1M94 S 20,126 S - s (20,126) $ - S 725,000 0 00401 S 29,073 $ S (29,07E) 3 S S 1,450,000 4 0,0321 $ 46,545 $ i f4a,546i f S S 3{1E6,5ti4J 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, 1 i mmmt 5 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 residents 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 Key Largo locations to review the first draft.Some of this material is technical. It helps to have the entire MAX]MUS 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 MENNIZESOMM do not increase fee prices without justification. Many ✓ Recommend modifications to the fee schedule resolution for each of the local governments have found that setting prices that departments involved in the County's recover the cost of providing services is fair and Building Development Process. efficient.We will present our recommendations to the ✓ Recommend updates to the fees for the staff committee, County management,and the next fiscal year, and provide a methodology project ty g for recommending updates in subsequent industry, years. We assume that our entire project team should attend ✓ Provide written guidelines(process and each presentation. Not knowing the nature of the L procedures)for the implementation of the recommended fee ordinance, presentations,we are not sure of the level of detail 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 the change. MM1 V US a m tio W a d S r4 u) aS cu g i.f) � ll .. � S S . i m M1 CO 42) r C ul x i � I a m N N a V h E Ydi O + d C vi U ,a,_ n w v R V N 3 ., ai r- n c C. 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