HomeMy WebLinkAboutDocumentation_Regular_Tab 09_04/11/2019Memorandum
To: Honorable Mayor and Village Council
From: James M. Weinand, Acting Village Manager, Administration
Date: April 1, 2019
Subject: Storinwater Utility Rate Evaluation
During the March 4, 2019 workshop Tom Jensen from Kimley-Horn, our engineers of record,
outlined three studies that the Village should undertake:
1. Storm Water Utility Rate Study
2. Update the Facilities Assessment Report
3. Update the Water Rate Study
The only study urgently needed is the Storm Water Utility Rate Study. The other two studies will
be included in next year's budget.
In accordance with Chapter 74, Article IV Storm Water of the Village of Tequesta Code of
Ordinances the Village shall adopt a storm water utility fee. This fee must be of sufficient
levels. to provide the necessary revenues to cover the costs of operations and maintenance.
extension and replacement and debt service. This rate is required to be set at the July I I th
Council Meeting for a timely submission to the County to be included on the tax bills as a non -
ad -valorem assessment.
On behalf of the Village Manager and staff, this agenda item is submitted for your review and
consideration. Your approval will authorize the Village Manager to execute any agreements and
authorize the purchase of this item.
Ston-nwater Utility Rate Evaluation
Page 2
The Rate studies are very important to protect the Village and validate the fees being charged
in case of a challenge.
As stated during this March meeting an appropriation from the Storm Water Fund balance is
necessary to execute this document because this element was not anticipated in this year's
budget. �kttached is a Resolution for your consideration, which will appropriate $48,350.00,
the funds necessary to execute this Agreement. As of 09/30/2018 the unassigned fund balance
in the Storm Water Utility Fund was $1,142,870.19.
RESOLUTION NO. 12-19
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 2018/2019
STORMWATER UTILITY FUND #403 BUDGET BY APPROPRIATING
FUND BALANCE IN THE AMOUNT OF $48,350.00 TO FUND A
STORMWATER UTILITY REVENUE SUFFICIENCY AND RATE
EVALUATION AND AWARDING A CONTRACT, IN THE SAME
AMOUNT, TO KIMLEY-HORN AND ASSOCIATES TO PREPARE THE
EVALUATION; PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE, AND FOR OTHER PURPOSES.
WHEREAS, the Village recognizes the need to perform a Stormwater Utility Revenue
Sufficiency and Rate Evaluation to provide an in-depth look at their current stormwater
utility rate structure and revenue generation in support of upcoming capital/renewal and
replacement projects; and,
WHEREAS, the contract will be performed by the Village's engineering firm of record,
Kimley-Horn; and,
WHEREAS, Kiniley-Horn will engage Public Resources Management Group, Inc.
(PRMG) as their subconsultant for the performance of the financial aspects of this
project; and,
WHEREAS, the appropriation of Fund Balance is required to fund this study; and,
WHEREAS, the following accounts will be increased:
Revenues
Appropriate Fund Balance, 403-990-399.999, $48,350.00
Expenditures
Other Contractual Services, 403-250-534.300, $48,350.00
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 - Resolution No. XX -19 is hereby approved increasing the Fiscal Year
2018/2019 Stormwater Utility Fund #403 Budget by appropriating Fund Balance in the
amount of $48,350.00 to fund a Stormwater Utility Revenue Sufficiency and Rate
Evaluation; providing for severability; providing an effective date; and for other
purposes.
Section 2 This Resolution shall become effective immediately upon passage.
VILLAGE OF TEQUESTA
ENGINEERING SERVICES WORK AUTHORIZATION
STORMWATER UTILITY REVENUE SUFFICIENCYAND RATE EVALUATION
This Work Authorization authorizes Kirnley-Horn and Associates, Inc. to perform work set forth
herein and is issued pursuant to The Professional Engineering Services Agreement, between
the Village of Tequesta ("Client" or"Village") and Kimley-Hom and Associates, Inc. ("Kimley-
Horn" or "Consultant"), dated May 12, 2016 ("Agreement"). All terms and conditions of said
Agreement are hereby incorporated and made part of this Work Authorization.
PROJECT UNDERSTANDING
The Village desires to have the Consultant perform an in-depth look at their current Stormwater
Utility ("Utility") rate structure and revenue generation in support of upcoming capital/renewal
and replacement projects. This analysis will include the following;
• Preparation of a financial forecast to evaluate the current near-term fiscal position of the
Utility.
• Development of a prospective financing plan to fund the Utilities capital
improvement/renewal and replacement program (the "Program").
• Determine projected expenditure requirements.
• Make an evaluation of the overall sufficiency of the rate revenues to meet the Village
objectives for sustained utility service, assistance in validating customer statistical
information received from Palm Beach County regarding billing of the Utility.
• Restructure the Village's existing Utility rates where appropriate.
Based on our discussions with the Village, this Project will primarily consist of preparing a six -
fiscal year financial forecast (current budget year plus an additional five fiscal years) of the
service needs and expenditures for the Utility, developing a financial management benchmark
analysis as part of a financial model to evaluate the financial position of the Utility, the
development of the capital funding plan, and determination of the need for future user rate
adjustments (if any) as appropriate in order to meet the overall financial needs and capital
funding requirements of the Utility
The Consultant shall engage Public Resources Management Group, Inc. (PRMG) as their sub -
consultant for the performance of the financial aspects of this project.
SCOPE
Kimley-Hom will perform the following services:
Task 1 — Data Acguisition and Review: In order to perform the evaluation, it will be necessary
to collect information from the Village at the beginning of the evaluation process in order to
complete the financial forecast. A list of information required to be provided by the Village is
contained in the "Information and Services Provided by The Village" Section of this Work
Authorization.
Task 2 — Customer Statistical and System Demand Forecast: Based on an up -to -five-year
historical trend of customer statistics, a six-year customer statistical forecast of the Utility will be
prepared. The Test Year for the forecast will be Fiscal Year 2018 and the forecast pedod will
consist of the Fiscal Years ending September 30, 2018 through 2023 (collectively the Test Year
and the subsequent five-year forecast is referred to as "Forecast Period"). The Consultant will
also review the current customer statistical information and estimated impervious surface area
data received from Palm Beach County regarding the Village's Utility in order to test the
accuracy of the information being provided to confirm that existing rates for service are being
applied correctly to the existing customer base.
Task 3 — Development of Revenue Progections from Existincl Rates: This task involves the
development of projections of the Utility rate revenues for the Forecast Period from existing
rates recognizing: i) the resufts of the customer statistical forecast performed in Task 2; and ii)
the Village's existing rates for service. Additionally, this task will involve a rate -revenue
"reasonableness" test (reconcile model results to reported amounts on Village financial
statements) to determine if the revenue model and billing determinants are reasonable relative
to the modeling process. The Consultant will prepare a forecast of the Utility rate revenues from
existing rates based on the customer forecast delineated above as currently allowed by Village
ordinance. The customer and corresponding revenue forecast will serve as the basis for the
review of net margins and availability of funds associated with the overall fiscal evaluation of the
Utility.
Task 4 — Development of Operating Expense Prooections: This task involves the
development of the estimated amount of operating expenses required to be funded from Utility
rates for the Forecast Period. The Consultant will work with the Village to identify changes in
utility operations that may result due to the implementation of the anticipated Program for the
Village, or as a result of changes in regulations or operating practices by the Village which may
affect the operations of the Utility. The Consultant projections will be based on recent historical
trends and changes in cost of providing service, estimates provided by the Village as it relates
to ongoing operations, and the recognition of inflationary allowances for the general cost of
operations. Finally, other operating expenses such as inter -fund transfers, administrative
allocations, contingency reserves, insurance needs, and other expenses will be evaluated to
determine that the full recovery of costs are reflected in the rate sufficiency analysis.
Task 6 — Program Cost Development: The Consultant will work with the Village to identify
proposed capital improvement and renewal/replacement projects within the Village duiring the
Forecast Pedod and YAII develop conceptual opinions of probable cost to be used in the
financial evaluation.
Task 6 — Capital Improvement and Funding Analysis: This task involves a review of the
Village's current budget and subsequent five-year or applicable capital Program requirements
and other engineering planning documents, and the performance of a funding analysis to
identify available sources of funds for financing of the Programs and the estimated impact on
utility rate revenues associated with the capital funding program for the Forecast Period. This
task will include the development of the estimated fund balance by individual fund / account and
the development of a flow of funds analysis for liquidity evaluation purposes.
Task 7 — Other Revenue Requirement Identification and Management Dashboard: In order
for the Village to meet the financial obligations of the Utility, the Consultant will review the
financial aspects of the Village's utility systems in order to potentially recognize other revenue
requirements or funding requirements that may need to be allocated or included in the rate
analysis and in the development of the financial forecast model, This task will include
assistance in the development of fiscal policies in terms of working capital maintenance, the
funding of capital re -investment for long-term planning needs, the funding of other departmental
capital or maintenance reserves for items such as vehicles and equipment, and the recognition
of any other transfer requirements that may be associated with the Utility. The Consultant will
develop a "management dashboard" to allow for the review of the financial position of the Utility
and the ability to perforrn sensitivity analyses in order to finalize the financial forecast. The
Consultant will work with the Village to identify any fiscal policies and financial performance
targets that will provide guidelines and support for the financial forecast and revenue sufficiency
fiscal policies necessary to address the need for goals related to financial performance
indicators, such as debt service coverage ratios and reserve fund levels which the Village may
deem necessary.
Task 8 — Rate Desian Analysis; The Consultant will review the Village's existing Utility rate
structure and recommend changes as necessary in order to align future cost recovery with the
cost of providing service to the customers.
Task 9 — Rate Comparisons with Neighboring Utilities: The Consultant will prepare a rate
comparison of the Village's existing Utility rates, rate structure and impervious surface area per
unit costs with other neighboring utilities and illustrate the potential customer impact on any
recommended rate adjustment associated with the development of the financial forecast and
rate evaluation.
Task 10 — Development of Net Revenue Reguirements, Rate Impact Analyses and Staff
Presentation: Based on the results of the aforementioned tasks, the Consultant will prepare a
summary of the total net revenue requirements of the Utility and the accompanying rate impact
-.requirements for each fiscal year of the Forecast Period. A meeting with Village staff will be.
held in order to present the results of the initial study findings and observations. Based on the
results of the Village staff meeting, the Consultant will make modifications to the analysis prior
to the presentation of the utility rate and financial evaluation to the Village Council.
Task I I — Report Preparation and Presentation: The Consultant will prepare a technical
memorandum in support of the evaluation of the sufficiency of rates to meet the expenditure
requirements of the Utility, which encompasses the financial plan and capital the Program
funding analysis. This task will also include a presentation of financial ratios and targets to
illustrate the overall financial position of the Utility in relation to the funding needs, especially as
it pertains to the Program requirements.
Task 12 — Meetings: During the course of this project, it is anticipated that the Consultant will
attend a total of two (2) on-site meetings with the Village and attend one (1) WebEx
(teleconference) meetings to present ongoing results with Village staff.
ADDITIONAL SERVICES
Any services not specifically provided for in the above scope, as well as any changes in the
scope requested by the Village, will be considered additional services to this Work Authorization
and will be performed based on subsequent Work Authorizations approved prior to performance
of the additional services.
INFORMATION AND SERVICES PROVIDED BY THE VILLAGE
Kimley-Horn assumes that all information provided by the Village can be relied upon in the
performance of professional services. The following information shall be provided to Kimley-
Horn and/or the following services will be performed by the Village.
• Customer statistical information required to develop a detailed revenue model for rate
estimation purposes as it relates to the service area needs.
• Utility financial and billing data.
• Customer usage profiles.
• Stormwater utility rate resolutions.
• Comprehensive Annual Financial Reports.
• Information regarding the operating expenses of the Utility.
• Information regarding the funds availability by type of fund.
ASSUMPTIONS AND CLARIFICATIONS
The scope of work and fees stated in this Work Authorization are based on the following
assumptions and clarifications:
1 . The Owner will pay for any/all public advertisements and any general public mailings to
residents if required.
2. Kimley-Horn is not giving advice or making recommendations with regard to municipal
securities or financial products. If such advice or recommendations are needed, the
Client should retain a Municipal Advisor registered with the Securities and Exchange
Commission.
SCHEDULE
Kimley-Horn will complete the work set forth herein wfthin 90 days after receipt of an executed
Work Authorization and Purchase Order, with the goal of allowing the Village to present the
findings of this evaluation at their July 11 1h Council meeting. The schedule noted herein is
exclusive of delays beyond the control of the Consultant and the timely delivery of the
Information and Services Provided by the Village noted above.
COMPENSATION
Kimley-Horn will perform the services described in the Scope of Services (Tasks 1 thru 12
above) on a lump sum basis fee in the amount of forty-eight thousand and three hundred and
fifty dollars ($48,350.00).
(STORMWATER UTILITY REVENUE SUFFICIENCY AND RATE EVALUATION)
Accepted by:
Village of Tequesta
Jim Weinand, Acting Village Manager
Date:
Kimley-Horn and Associates, Inc.
U
Ke4in Schanen, P.E., Sr. Vice President
Date: 41 1
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We I OF 10
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes,
CONTRACTOR must keep and maintain this Agreement and any other
records associated therewith and that are associated with the
performance of the work described in the Proposal or Bid, Upon request
from the Village's custodian of public records, CONTRACTOR must provide
the Village with copies of requested records, or allow such records to be
inspected or copied, within a reasonable time in accordance with access
and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village, or fails to make them
available for inspection or copying, within a reasonable time may be
subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida
Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further,
CONTRACTOR shall ensure that any exempt or confidential records
associated with this Agreement or associated with the performance of the
work described in the Proposal or Bid are not disclosed except as
authorized by law for the duration of the Agreement term, and following
completion of the Agreement if the CONTRACTOR does not transfer the
records to the Village. Finally, upon completion of the Agreement,
CONTRACTOR shall transfer, at no cost to the Village, all public records in
possession of the CONTRACTOR, or keep and maintain public records
required by the Village. If the CONTRACTOR transfers all public records to
the Village upon completion of the Agreement, the CONTRACTOR shall
destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. if the CONTRACTOR
keeps and maintains public records upon completion of the Agreement,
the CONTRACTOR shall meet all applicable requirements for retaining
public records. Records that are stored electronically must be provided to
the VILLAGE, upon request from the Village's custodian of public records,
in a format that is compatible with the Village's information technology
systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT
(561) 768-0685, OR AT . 11 11 1 1-, . .- A, OR AT 345
TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.
ARTICLE 2 - SERVICES TO BE PERFORMED BY ENGINEER; INSTRUMENT OV,/NERSHIP
2.1 - Services
Engineer shall perform certain professional general civil/engmeering services and such other
related services as may be required by the Village from time to time which are specifically authorized by
the Village and set forth in a specific Scope of Services (herein referred to as the "Work"). Each such
specific authorization will be referred to as a Consultant Services Authorization ("CSA"). Each CSA
shall be designated as a consecutively numbered exhibit to this Agreement and shall be attached hereto
and incorporated by reference as part of this Agreement. Each CSA form will set forth a specific scope
of services, total amount of compensation and completion date. An individual CSA for projects costing
up to twenty five thousand dollars ($25,000.00) must be approved by the Village Manager prior to
commencement of any work by Engineer, as more particularly set forth below (2.3 — Process). For all
projects valued in excess of twenty five thousand dollars ($25,000.00), the individual CSA Must be
approved by the Village Council prior to commencement of any work by Engineer. Typical projects that
may be authorized include, but are not necessarily limited to the following:
1 . Raw water pipe cleaning
2. Chemical feed system upgrade
3. Stormwater design
4. SCADA system upgrade
5. Filter Plant Upgrade
6. New MCC Room
7. Membrane Replacement
8. Aluminum Covers for Chlorine Tanks
9. All types of permitting
10. Roadway design
2.2 - Ownership
All instruments of professional services including, but not limited to, documents, records, disks,
original drawings and/or other information created and/or procured by Engineer for any authorized
Project shall become the property of the Village upon completion of the work for which the asset was
utilized and upon payment by the Village in accordance with the applicable CSA and Article 16.
2-3 — Process
The Village and Engineer will confer prior to the issuance of any CSA to discuss the scope of the
Work, the time needed to complete the Work, including phasing, if any, and the fees for services to be
rendered in connection with the Work. Thereafter, Engineer will submit a proposed CSA to Village
which shall state with specificity and detail the scope of Work, the time for completion, including
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phasing, if any, and the fees. CSAs inav divide the Work into individual tasks or phases, as discussed
between the Village and Engineer prior to the issuance of the CSA. At the discretion of Village
Manager, CSAs for certain general utility and civil services of minimal scope (those that do not exceed
$15,000.00 total cost per CSA) may be issued verbally for purposes of expediency, but shall be followed
up by Engineer with a written CSA as soon as practical. Additionally, at the discretion of Village, a
written CSA for general Work services to be performed over a specified period of time (months, or years)
may be issued. In such event, Engineer shall invoice Village fi-om time to time., pursuant to Article 3
hereinbelow, against the agreed fees based on authorization from the Village Manager.
Engineer shall commence no Work prior to receipt of Village authorization. Engineer shall not
exceed the fee arnount in any CSA without prior Village authorization.
Village agrees to cooperate with Engineer at all tirnes with the provision of plans or other data in
the possession of Village and available in Village files for any Work authorized hereunder.
ARTICLE 3 - COMIPENSATION
3.1 - General
The Village shall pay Engineer in accordance with each individual CSA; however such CSA
shall be based upon the Fee Schedule attached hereto as Exhibit "A" and incorporated by reference as
part of this Agreement. Such Fee Schedule may be adjusted by mutual consent of both parties.
Compensation based upon such Fee Schedule will be negotiated as a lump sum price or as an hourly rate
for each individual CSA as set forth in Article 2 hereinabove. Payments shall be made by Village to
Engineer on a monthly basis, pursuant to Engineer's invoice for Work completed.
3.2 — Reimbursable Expenses
All requests for payment of "out-of-pocket" expenses which may be eligible for reimbursement
shall be included on the individual CSA applicable to the project. Copies of paid receipts, invoices or
other documentation acceptable to the Village Manager may be requested by the Village for
documentation sufficient to establish that the expense was actually incurred. No payment will be made
for items not listed on the CSA unless approved by the Village Manager prior to the expenditure by
Engineer.
ARTICLE 4 - INSURANCE
During the performance of the services under this Agreement, Engineer shall maintain the
following insurance policies written by an insurance company authorized to do business in Florida:
I . Professional liability insurance with bodily injury limits of not less than $2,000,000 for
each claim, and with property damage lirnits of not less than $2,000,000 for each claim.
Page 3 of 10
2. General and Automobile liability insurance with bodily injury limits of not less than
$500,000 for each person and not less than $500,000 for each accident and with property
damage limits of not less than $500,000 for each accident, and any greater limits as may
otherwise be required by law.
3. Workers' Compensation insurance in accordance with statutory requirements.
Engineer shall furnish the Village certificates of insurance which shall include a provision that
policy cancellation, non -renewal or reduction of coverage will not be effective until at least thirty (30)
days written notice has been made to the Village. Engineer shall include the Village as an additional
insured on the general and automobile liability insurance policies required by the Agreement. All of
Engineer's subcontractors shall be required to include the Village and Engineer as additional insureds on
their general and automobile liability insurance policies. Engineer shall not commence work under this
Agreement or any CSA issued hereunder until all insurance required as stated herein has been obtained
and certificates evidencing sarne are on file with the Village.
ARTICLE 5 - STANDARD OF CARE
Engineer shall exercise the same degree of care, skill and diligence in the performance of the
services as is ordinarily provided by a comparable professional wider similar circumstances and shall be
obligated to correct services which fall below such standards at no additional cost to the Village.
Engineer agrees that all services shall be performed by skilled and competent personnel.
ARTICLE 6 - INDEMNIEFICATION
Engineer agrees to protect, indemnify, provide costs of defense and hold harmless the Village.. its
employees and representatives, from and against any and all claims and liabilities, including all attorneys'
fees and court costs, including appeals, for which the Village., its employees and representatives, can or
may be held liable as a result of injury (including death) to persons or damage to property to the extent
occurring by reason of any negligent or intentional acts or omissions of Engineer, its employees or
agents, including subcontractors, in the performance of services under this Agreement. Engineer shall
not be required to indemnify the Village or its agents, employees or representatives when an occurrence
results from the wrongful acts or omissions of the Village or its agents, employees or representatives.
The terms and conditions of this Article shall survive the completion of all services, obligations and
duties provided for in this Agreement as well as the termination of this Agreement for any reason.
ARTICLE 7 - INDEPENDENT CONTRACTOR
Engineer undertakes performance of the services as an independent contractor and shall be
wholly responsible for the methods of performance utilized. Engineer shall not pledge the Village's
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credit or make it a gUarantor of payment of surety for any contract, debt, obligation, judgment, lien or any
form of indebtedness. Engineer further warrants and represents that it has no obligation or indebtedness
that Would inipair its ability to ftilfill the terms of this Agreement.
ARTICLE 8 - AUTHORITY TO PRACTICE
Engineer hereby represents and agrees that it has and will continue to maintain all licenses and
approvals required to conduct its business, and that it will at all times conduct its business activities in a
reputable manner.
ARTICLE 9 - COMPLIANCE WITH LAWS
In performance of the services, Engineer will comply with applicable regulatory requirements,
including federal, state, special district and local laws, rules, regulations, orders, codes, criteria and
standards.
ARTICLE 10 - SUBCONTRACTING
The Village reserves the right, in its sole discretion, to accept or reject the use of a subcontractor
and to inspect all facilities of any subcontractor to insure that the selected subcontractors will be able to
perform properly under this Agreement. If a subcontractor fails to perform or make progress as required
by any CSA and it becomes necessary to replace the subcontractor in order to complete the work in a
timely fashion, Engineer shall promptly provide a replacement, subject to acceptance of the new
subcontractor by the Village.
ARTICLE 11 - FEDERAL AND STATE TAXES
The Village is exempt from federal tax and state sales and use taxes. Upon request, the Village
will provide an exemption certificate to Engineer. Engineer is not exempt from paying sales tax to its
suppliers for materials to fulfill contractual obligations with the Village, nor shall Engineer be authorized
to use the Village's Tax Exemption Number in securing such materials.
ARTICLE 12 - AVAILABILITY OF FUNDS
The obligations of the Village under this Agreement and any CSA are subject to the availability
of funds lawfully appropriated for its purpose by the Village Council of the Village of Tequesta.
Engineer may, rely on the execution of an individual CSA as evidence that funds have been appropriated.
ARTICLE 13 - TERMINATION OF AGREEMENT
This Agreement, or any CSA issued hereunder, may be terminated by either party with or
without cause upon thirty (30) days prior written notice to the other. Unless Engineer is in breach of this
Agreement, Engineer shall be paid for services rendered to the Village's reasonable satisfaction through
the date of termination. Notice as required hereunder shall be sufficient when provided in accordance
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with Article 14 bereff1below.
ARTICLE 14 - NOTICE
Any notice, demand, cornmunication or request required or permitted hereunder shall be in
writing and delivered in person, by facsimile or sent by certified mail as follows:
AS TO VILLAGE
WITH COPY TO
AS TO ENGINEER
Michael Couzzo
Keith W. Davis, Esq.
Thomas C. Jensen, P.E.
Village Manager
Village Attorney
Kiraley Horn & Associates, Inc.
Village of Tequesta
Corbett, White, Davis and Ashton, P.A.
1920 Wekiva Way
345 Tequesta Drive
1111 14ypoluxo Road, Suite 207
West Palm Beach, Florida 33411
Tequesta, FL 33469
Lantana, FL 33462
Notices shall be effective when received at the addresses as specified above. Facsimile
transmission is acceptable notice effective when received, however, facsimile transmissions received
(i.e., printed) after 5:00 p.m. on week -ends or holidays will be deemed received on the next business day.
The original of the notice must additionally be sent by certified mail. Changes in the respective
addresses to which such notice is to be directed may be made from time to time by either party by written
notice sent by regular mail or facsimile to the other party.
ARTICLE 15 - UNCONTROLLABLE FORCES
Neither Village nor Engineer shall be deemed in default of this Agreement if delays or failure of
performance is due to uncontrollable forces, the effect of which, by the exercise of reasonable diligence,
the nonperforming party could not avoid. The term "uncontrollable force(s)" shall mean any event which
results in the prevention or delay of perfon-nance by a party of its obligations under this Agreement
which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire,
flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage and governmental
actions. The nonperforming party shall, within a reasonable time of being prevented or delayed from
performance by an uncontrollable force, give written notice to the other party describing the
circumstances and uncontrollable forces preventing continued performance of the obligations of this
Agreement. Notice as required hereunder shall be sufficient when provided in accordance with Article
14 hereinabove.
Neither party shall, however, be excused from performance if nonperformance is due to forces
which are preventable, removable, or remediable and which the nonperforming party could have, with the
exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch.
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ARTICLE 16 - OWNERSHIP OF DOCUMENTS
Engineer shall be required to cooperate with other consultants relative to providing information
requested in a timely manner and in the specified form. All instruments of professional services,
including, but not limited to, documents, records, disks, original drawings or other information created or
procured by Engineer for any project which is the subject of this Agreement and an individual CSA shall,
upon completion of the work and payment of all monies due Engineer, become the property of the
Village for its use and/or distribution as may be deemed appropriate by the Village. However, both
parties specifically acknowledge and agree that any re -use of such docurnents by the Village, for other
than the specific purpose intended, without written verification and adaption by Engineer for such
specific purpose will be at the sole risk of the Village and without liability or legal exposure to Engineer.
ARTICLE 17 - ACCESS AND AUDITS
Engineer shall maintain adequate records to justify all charges and costs incurred in performing
work authorized under this Agreement and individual CSAs for at least three (3) years after completion
of the applicable project. The Village shall have access to such books, records and documents as
required in this section for the purpose of inspection or audit during normal working business hours at
Engineer's place of business.
ARTICLE 18 - NON-DISCRIMINATION
Engineer represents that all of its employees are treated in a fair and equitable manner without
regard to race, color, religion., gender, age or national origin.
ARTICLE 19 - ENFORCEMENT COSTS
ff any legal action or other proceeding is brought for the enforcement of this Agreement- or
because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable
attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including,
without limitation, all such fees, costs and expenses incidental to appeals), incurred in that action or
proceeding, in addition to any other relief to which such party or parties may be entitled.
ARTICLE 20 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Agreement will be held in the state or federal courts in and for Palm Beach
County and the Agreement will be interpreted according to the laws of Florida.
ARTICLE 21 - SUCCESSORS AND ASSIGNS
The Village and Engineer each binds itself and its partners, successors, assigns and legal
Page 7 of 10
representatives to the other party in this Agreement and to the partners, successors, executors,
administrators, assigns and legal representatives. Engineer shall not assign this Agreement without the
express written approval of the Village.
ARTICLE 22 - SEVERABILITY
The invalidity, illegality or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect
the validity or enforceability of any other portion or provision of the Agreement. Any void provision
shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and
enforced as if the Agreement did not contain the particular portion or provision held to be void.
ARTICLE 23 - OFFICE OF THE INSPECTOR GENERAL
Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General
has jurisdiction to investigate municipal matters., review and audit municipal contracts and other
transactions, and make reports and recommendations to municipal governing bodies based on such
audits, reviews or investigations. All parties doing business with the Village shall fully cooperate with
the inspector general in the exercise of the inspector general's functions, authority and power. The
inspector general has the power to take sworn statements, require the production of records and to audit,
monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the
Village in order to detect, deter, prevent and eradicate fraud, waste, mismanagement, misconduct and
abuses.
ARTICLE 24 -PUBLIC RECORDS
In accordance with Sec. 119.0701, Florida Statutes, Engineer must keep and maintain this
Agreement and any other records associated therewith and that are associated with the performance of
the work described herein and in Engineer's proposal. Upon request from Village's custodian of public
records, Engineer must provide Village with copies of requested records, or allow such records to be
inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter
119, Florida Statutes. Should Engineer fail to provide the public records to Village, or fail to make them
available for inspection or copying, within a reasonable time, Engineer may be subject to attorney's fees
and costs pursuant to Sec. 119.070 1, Florida Statutes, and other penalties under See. 119. 10, Florida
Statutes. Further, Engineer shall ensure that any exempt or confidential records associated with this
Agreement or associated with the performance of the work described herein and in Engineer's proposal
are not disclosed except as authorized by law for the duration of the Agreement term, and following
completion of the Agreement if Engineer does not transfer the records to the Village. Finally, upon
Page 8 of 10
completion of the Agreement, Engineer sliall transfer, at no cost to the Village, all public records in
possession of Engineer, or keep and maintain public records required by the Village. If Engineer
transfers all public records to the Village upon completion of the Agreement, Engineer shall destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. Engineer shall be entitled to retain a copies of documents it creates for record purposes,
pursuant to the requirements of this Article and Chapter 119, Florida Statutes. If Engineer keeps and
maintains public records upon cornpletion of the Agreement, Engineer shall meet all applicable
requirements for retaining public records. Records that are stored electronically must be provided to
Village, upon request from Village's custodian of public records, in a format that is compatible with
Village's information technology systems.
IF ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO ENGINEER'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN
FOR THE VILLAGE, AT (561) 768-0685, OR AT Imewilliams Pajequesta.or2,
OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.
ARTICLE 25 - ENTIRETY OF AGREEMENT
The Village and Engineer agree that this Agreement, including Exhibit "A" Fee Schedule;
Exhibit "B" Engineer's Proposal submitted in response to Village's RFQ, which is hereby incorporated
into this Agreement; and all required insurance, licenses and approvals required by this Agreement sets
forth the entire agreement between the parties, and that there are no promises or understandings other
than those stated herein. None of the provisions, terms and conditions contained in this Agreement may
be added to, modified, superseded or otherwise altered except by written instrument executed by the
parties hereto.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK],
Page 9 of 10
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EXHIBIT "A"
VILLAGE OF TEQUESTA
BILLING RATE SCHEDULE
EFFECTIVE JULY 1, 2015
STAFF CATEGORY
HOURLY RATES
PRINCIPAL
N/A
PROJECT MANAGER
S225
SENIOR PROFESSIONAL
S205
PROFESSIONAL
S 175
ANALYST
S125
DESIGNER / INSPECTOR
S120
CADD OPERATOR
$90
ADMINISTRATIVE SUPPORT STAFF
S 75
561 8450665