11-107 Resolution No. 11-107
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH TISCHLERBISE FOR A COST-OF-SERVICE ANALYSIS
TO ESTABLISH USER FEES
BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Jennifer Quinton, Acting City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with TischlerBise
for a cost-of-service analysis to establish user fees, a copy of which is attached hereto and made
a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: June 22, 2011
Adopted: June 22. 2011
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Jennifer Quinton
Jennifer Quinton, Acting City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this 22 day of June,2011,by and between
the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and
TischlerBise, a corporation organized and existing under the laws of Washington, D.C. and
authorized to do business in the State of Illinois (hereinafter referred to as "CONSULTANT").
WHEREAS,the CITY desires to engage the CONSULTANT to furnish certain professional
services in connection with a cost-of-service analysis to establish appropriate fees (hereinafter
referred to as the "PROJECT"); and
WHEREAS, the CONSULTANT represents that it has the necessary expertise and
experience to furnish such services upon the terms and conditions set forth herein below.
NOW,THEREFORE,it is hereby agreed by and between the CITY and the CONSULTANT
that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual
promises and covenants contained herein, the sufficiency of which is hereby acknowledged to
perform the services relating to the PROJECT as described herein, subject to the following terms
and conditions and stipulations, to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Budget and
Purchasing Officer of the CITY, hereinafter referred to as the "DIRECTOR".
B. CONSULTANT shall perform the services for Phase 1 of the CITY'S cost-of-
services analysis which will consist of an analysis of all of the various fees of the
CITY'S parks and recreation activities. The Scope of Services to be provided by the
CONSULTANT is set forth in CONSULTANT'S proposal dated March 31, 2011,
tasks 1 through 6, a copy of which is attached hereto and made a part hereof as
Attachment A. Notwithstanding the foregoing, or anything else to the contrary in
this Agreement,the deliverables from the CONSULTANT to the CITY for the cost-
of-service analysis shall include, but not be limited to, a modifiable electronic
version of the study in a Microsoft Excel based workbook. The model will be
developed from the ground up and incorporate all required analysis. The
CONSULTANT will train staff on the workings of the model so that fees can be
updated annually by the CITY as part of the CITY'S annual budget process.
2. SCHEDULE AND PROGRESS REPORTS
A. CONSULTANT shall commence the performance of the services upon the entry into
this Agreement. CONSULTANT shall provide city staff draft recommendations to
city staff by August 31, 2011. CONSULTANT shall provide city staff final
recommendations by October 14,2011. CONSULTANT shall provide a final report
to city staff by November 4, 2011.
B. The CONSULTANT will submit to the DIRECTOR monthly a status report keyed to
the project schedule.A brief narrative will be provided identifying progress,findings
and outstanding issues.
3. WORK PRODUCT
All work product prepared by the CONSULTANT pursuant hereto including,but not limited
to, reports, plans, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY upon
request of the DIRECTOR; provided,however,that the CONSULTANT may retain copies
of such work product for its records. CONSULTANT's execution of this Agreement shall
constitute CONSULTANT's conveyance and assignment of all right, title and interest,
including but not limited to any copyright interest,by the CONSULTANT to the CITY of all
such work product prepared by the CONSULTANT pursuant to this Agreement. The CITY
shall have the right either on its own or through such other consultants as determined by the
CITY to utilize and/or amend such work product.
4. PAYMENTS TO THE CONSULTANT
A. The CITY shall reimburse the CONSULTANT for services under this Agreement the
total amount not to exceed Seventeen Thousand Five Hundred Seventy-Five Dollars
($17,575). Included in such not-to-exceed amount is Three Thousand Dollars
($3,000)for PROJECT related expenses including but not limited to such matters as
travel,accommodations,printing and telephone expenses.
B. The CITY shall make periodic payments to the CONSULTANT based upon actual
progress within thirty(30)days after receipt and approval of invoice. Said periodic
payments to the CONSULTANT shall not be made for a task until the task for the
PROJECT is completed and accepted by the DIRECTOR.
5. INVOICES
A. The CONSULTANT shall submit invoices in a format approved by the CITY.
Progress reports (2B above) will be included with all payment requests.
B. The CONSULTANT shall maintain records showing actual time devoted and cost
incurred. The CONSULTANT shall permit the authorized representative of the
CITY to inspect and audit all data and records of the CONSULTANT for work done
under this Agreement. The CONSULTANT shall make these records available at
reasonable times during the Agreement period and for one(1)year after termination
of this Agreement.
6. TERMINATION OF AGREEMENT
- 2 -
Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any
time upon fifteen(15)days prior written notice to the CONSULTANT.In the event that this
Agreement is so terminated, the CONSULTANT shall be paid for services actually
performed and reimbursable expenses actually incurred prior to termination, except that
reimbursement shall not exceed the task amounts set forth under Paragraph 4 above.
7. TERM
This Agreement shall become effective as of the date the CONSULTANT is given a notice
to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed
concluded on the date the CITY determines that all of the CONSULTANT's work under this
Agreement is completed. A determination of completion shall not constitute a waiver of any
rights or claims which the CITY may have or thereafter acquire with respect to any term or
provision of this Agreement.
8. NOTICE OF CLAIM
If the CONSULTANT wishes to make a claim for additional compensation as a result of
action taken by the CITY,the CONSULTANT shall give written notice of his claim within
fifteen(15)days after occurrence of such action. No claim for additional compensation shall
be valid unless so made. Any changes in the CONSULTANT's fee shall be valid only to the
extent that such changes are included in writing signed by the CITY and the
CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted
by the CONSULTANT, all work required under this Agreement as determined by the
DIRECTOR shall proceed without interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement,such violation or breach shall
be deemed to constitute a default, and the other party has the right to seek such
administrative,contractual or legal remedies as may be suitable to the violation or breach;
and, in addition,if either party,by reason of any default, fails within fifteen(15)days after
notice thereof by the other party to comply with the conditions of the Agreement,the other
party may terminate this Agreement. Notwithstanding the foregoing,or anything else to the
contrary in this Agreement, with the sole exception of an action to recover the monies the
CITY has agreed to pay to the CONSULTANT pursuant to Paragraph 4 hereof, no action
shall be commenced by the CONSULTANT against the CITY for monetary damages.
CONSULTANT hereby further waives any and all claims to interest on money claimed to be
due pursuant to this Agreement,and waives any and all such rights to interest which it claims
it may otherwise be entitled pursuant to law, including, but not limited to, the local
Government Prompt Payment Act, as amended, (50 ILCS 501/1, et seq.) or the Illinois
Interest Act,as amended(815 ILCS 205/1,et seq.). The parties hereto further agree that any
action by the CONSULTANT arising of this Agreement must be filed within one year of the
date the alleged cause of action arose or the same will be time-barred.
10. INDEMNIFICATION
- 3 -
To the fullest extent permitted by law, CONSULTANT agrees to and shall indemnify,
defend and hold harmless the CITY,its officers,employees,agents,boards and commissions
from and against any and all claims,suits,judgments,costs,attorneys fees,damages or other
relief,including,but not limited to,workers' compensation claims,in any way resulting from
or arising out of negligent actions or omissions of the CONSULTANT in connection
herewith,including negligence or omissions of employees or agents of the CONSULTANT
arising out of the performance of this Agreement. In the event of any action against the
CITY,its officers,employees,agents,boards or commissions,covered by the foregoing duty
to indemnify,defend and hold harmless such action shall be defended by legal counsel of the
CITY's choosing. The provisions of this paragraph shall survive any expiration,completion
and/or termination of this Agreement.
11. NO PERSONAL LIABILITY
No official,director,officer,agent or employee of the CITY shall be charged personally or
held contractually liable under any term or provision of this Agreement or because of their
execution, approval or attempted execution of this Agreement.
12. INSURANCE
A. Comprehensive Liability. The CONSULTANT shall provide,pay for and maintain
in effect, during the term of this Agreement, a policy of comprehensive general
liability insurance with limits of at least$1,000,000 aggregate for bodily injury and
$1,000,000 aggregate for property damage.
The CONSULTANT shall deliver to the DIRECTOR a Certificate of Insurance
naming the CITY as additional insured. The policy shall not be modified or
terminated without thirty (30)days prior written notice to the DIRECTOR.
The Certificate of Insurance shall include the contractual obligation assumed by the
CONSULTANT under Paragraph 10 entitled"Indemnification".
This insurance shall be primary and non-contributory to any other insurance or self-
insurance programs afforded to the CITY. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits ofnot
less than$500,000 per occurrence for bodily injury and/or property damage.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a $1,000,000 aggregate.
- 4 -
D. Professional Liability. The CONSULTANT shall carry CONSULTANT's
Professional Liability Insurance covering claims resulting from error,omissions or
negligent acts with a combined single limit of not less than$1,000,000 per claim.A
Certificate of Insurance shall be submitted to the DIRECTOR as evidence of
insurance protection. The policy shall not be modified or terminated without thirty
(30) days prior written notice to the DIRECTOR.
13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The CONSULTANT shall not have control over or charge of and shall not be responsible for
construction means,methods,techniques,sequences or procedures,or for safety precautions
and programs in connection with the construction,unless specifically identified in the Scope
of Services.
14. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be
no discrimination against any employee or applicant for employment because of sex, age,
race, color, creed, national origin, marital status, of the presence of any sensory, mental or
physical handicap, unless based upon a bona fide occupational qualification, and this
requirement shall apply to, but not be limited to, the following: employment advertising,
layoff or termination,rates of pay or other forms of compensation and selection for training,
including apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
sex,race,color,creed,national origin,age except minimum age and retirement provisions,
marital status or the presence of any sensory,mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or suspension, in whole or in part, of the
Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors and
the assigns of the parties hereto; provided, however, that no assignment shall be made
without the prior written consent of the CITY.
16. DELEGATIONS AND SUBCONTRACTORS
Any assignment, delegation or subcontracting shall be subject to all the terms, conditions
and other provisions of this Agreement and the CONSULTANT shall remain liable to the
CITY with respect to each and every item,condition and other provision hereof to the same
- 5 -
extent that the CONSULTANT would have been obligated if it had done the work itself and
no assignment,delegation or subcontract had been made. Any proposed subcontractor shall
require the CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
18. SEVERABILITY
The parties intend and agreed that, if any paragraph,sub-paragraph,phrase,clause or other
provision of this Agreement, or any portion thereof, shall be held to be void or otherwise
unenforceable,all other portions of this Agreement shall remain in full force and effect.
19. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define, limit or describe
the scope of intent of any provision of this Agreement,nor shall they be construed to affect
in any manner the terms and provisions hereof or the interpretation or construction thereof.
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed,modified,discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations
or warranties shall be binding upon the other party unless expressed in writing herein or in a
duly executed amendment hereof,or change order as herein provided.
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed in accordance
with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane
County, Illinois.
22. NEWS RELEASES
The CONSULTANT may not issue any news releases without prior approval from the
DIRECTOR, nor will the CONSULTANT make public proposals developed under this
Agreement without prior written approval from the DIRECTOR prior to said documentation
becoming matters of public record.
- 6 -
23. COOPERATION WITH OTHER CONSULTANTS
The CONSULTANT shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a
result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute
regarding bid rigging.
25. SEXUAL HARASSMENT
As a condition of this contract, the CONSULTANT shall have written sexual harassment
policies that include,at a minimum,the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment,utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse,investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
A copy of the policies shall be provided by CONSULTANT to the Department of Human
Rights upon request 775 ILCS 5/2-105.
26. SUBSTANCE ABUSE PROGRAM.
As a condition of this agreement, CONSULTANT shall have in place a written substance
abuse prevention program which meets or exceeds the program requirements in the
Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of
such policy shall be provided to the City's Assistant City Manager prior to the entry into and
execution of this agreement.
27. WRITTEN COMMUNICATIONS
- 7 -
All recommendations and other communications by the CONSULTANT to the DIRECTOR
and to other participants which may affect cost or time of completion, shall be made or
confirmed in writing. The DIRECTOR may also require other recommendations and
communications by the CONSULTANT be made or confirmed in writing.
28. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid,addressed as follows:
A. As to the CITY:
RuthAnne K. Hall
Budgeting and Purchasing Officer
City of Elgin
150 Dexter Court
Elgin,Illinois 60120-5555
Telephone: (847) 931-6104
E-mail: hall_r@cityofelgin.org
B. As to the CONSULTANT:
L. Carson Bise II, President
TischlerBise
4701 Sangamore Road
Suite S240
Bethesda, MD 20816
Telephone: (301)320-6900 x12
E-mail: carson@tischlerbise.com
29. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this AGREEMENT it is expressly agreed and
understood that in connection with the performance of this AGREEMENT that the
CONSULTANT shall comply with all applicable federal,state,city and other requirements
of law, including, but not limited to, any applicable requirements regarding prevailing
wages, minimum wage,workplace safety and legal status of employees. Without limiting
the foregoing,CONSULTANT hereby certifies,represents and warrants to the CITY that all
CONSULTANT's employees and/or agents who will be providing products and/or services
with respect to this AGREEMENT shall be legal residents of the United States.
CONSULTANT shall also at its expense secure all permits and licenses,pay all charges and
fees and give all notices necessary and incident to the due and lawful prosecution of the
work, and/or the products and/or services to be provided for in this AGREEMENT. The
CITY shall have the right to audit any records in the possession or control of the
CONSULTANT to determine CONSULTANT's compliance with the provisions of this
paragraph. In the event the CITY proceeds with such an audit the CONSULTANT shall
- 8 -
make available to the CITY the CONSULTANT's relevant records at no cost to the CITY.
CONSULTANT shall pay any and all costs associated with any such audit.
IN WITNESS WHEREOF,the parties hereto have entered into and executed this agreement
effective as of the date and year first written above.
CITY OF ELGI► •
By:
'fan Stegall, City Manager /
?sreo/zAttest:
Acting • Clerk
CONSULTANT:
TischlerBise
By:
L. Carson Bise II,President
F:\Legal Dept\Agreement\Consultant Agreement-TischlerBise.doc
- 9 -
ATTACHMENT A
SCOPE OF SERVICES
SCOPE OF SERVICE — APPLIES TO EACH YEAR OF THE 3-YEAR STUDY
�
�
NN
TASK 1: PROJECT INITIATION / DATA ACQUISITION, COMPILATION AND REVIEW
NN
Objective: Ensure City policy goals are met throughout project. Project is completed successfully,
�
on time and within budget. Acquire data and documentation needed to complete
�
�
project.
NN
Description: To ensure a successful start to the project, we recommend conducting an introductory
meeting with key staff we will be working with during the project. During this task, we
�
�
will meet to establish lines of communication, review and discuss project goals and City
policies related to the project, review the project schedule, and revise if necessary, and
to request data and documentation related to the project. The purpose of this initial
�
�
discussion is outlined below:
° An explanation of the user fee analysis process
• Review and refine work plan and schedu|e' if appropriate
�
� • Assess information needs and required staff support
�
• Conduct summary level interviews with key staff members
�
o Become familiar with the City's financial needs
�
� • Identify and collect data and documents relevant to the analysis
�
• Identify any major relevant policy issues
�
�
�
Meetings: One (1) meeting with City staff to initiate project and to begin preliminary data
�
collection and staff interviews.
�
Deliverables: 1) Data request memorandum (prepared in advance of meeting). 2) Memorandum
outlining policy issues related to formulating the user fee program. 3) Revised project
�
�
schedule, if necessary. 4) Project team member contact list including names, location
�
addresses, phone numbers and e-mail addresses.
�
� 4
m
N
w
N
w
At tucbmeut A
• Proposal to Provide Cost of Service Analysis
111 TASK 2: COLLECT TIME AND COST DATA THROUGH DEPARTMENTAL INTERVIEWS
Objective: To support data development and structuring of the analysis. To provide the foundation
. of maximum justifiable fee structures for the City.
. Description: Our project team will meet with key City staff from departments and functions involved
in the fee analysis. We will interview staff members who provide the services by asking
the following information:amount of time spent completing one unit of service,amount
of time required per year on the service, number of service units completed in a year,
and projected number of service units for the upcoming fiscal or calendar year. We will
ask these questions with respect to current City fees as well as proposed fees for
services that exist or will exist in the near future. We will utilize a structured data
collection form and guide staff through the use and function of each form.The form will
. include time spent directly on the service and time spent supporting the service with
indirect effort, such as administration and management time. Salary and benefits data
will also be collected for each staff member processing and supporting the fee services.
Finally, non-labor cost data will also be collected and analyzed for inclusion into the final
. user fee cost analysis.
Meetings: One (1) meeting to interview staff regarding service level provisions and direct labor
effort.
. Deliverables: Completed interview forms.
I
TASK 3: CALCULATE FULL COST RECOVERY LEVELS FOR EACH SERVICE FEE
111 Objective: Determine the maximum justifiable user fees that can be charged by the City.
Description.' Utilizing data collected in the previous tasks and the cost allocation plan analysis
performed by our project team,we will calculate the direct, indirect and overhead costs
111 of fee-generating services within a customized spreadsheet model unique to the City of
Elgin. The model will itemize each line cost data for each fee that will in turn produce a
full cost-justified fee expressed in total dollars and dollars per direct labor hour. The
model will also identify cost recovery levels of service fees compared to the actual
revenues from the prior budget year and projected revenues for the current and
upcoming budget years.
Deliverables: Draft full cost recovery fee schedule for each department.
1
I
U
1
1 5
I
I
^ '
N�� ^
' • Proposal to Provide Cost of Service Analysis
N�
N�
�
N�
N
TASK 4: PREPARE A COMPARISON SURVEY OF RELATED FEES
N�
N�
Objective: Collect and examine comparable and neighboring jurisdictions user fees
Description: We collect relevant fee categories from agencies that are similar to the Elgin Cost of
Service Analysis analyzed in this study.As you are aware,fee schedules are rarely readily
N�
comparable from agency to agency due to definitional and operational differences.
0�
Therefore, our project team will utilize a selection of the City's most commonly used
and/or most expensive fees to see where each fee category ranks with the surveyed
agencies.
Deliverables: Comparison survey of towns and cities comparable to Elgin, particularly in Kane and
111 Cooke County agencies.At a minimum, we will survey those agencies listed in your RFP,
U�
o�
U�
�� TASK 5: DEVELOP DRAFT REPORT AND USER FEE SPREADSHEET MODEL
Objective: Develop draft model and report for City review and comment.
Description: The goal of this task is to prepare the draft report and the master fee model and present
both to City staff. We willwillfocus on the understanding of the model and the report, cost
recovempotenda|ofthedraftfees, anddefensibi|kyoftheapproachmndstruc/ure.
��
�� Following review and comment from City staff, we incorporate revisions into the final
model and report.
Deliverables: Draft report and model.
�
�
N� TASK 6: PREPARE FINAL USER FEE REPORT AND DOCUMENTATION
mm --
NN
Objective: Prepare final report and user fee model.Train staff to utilize the model in the future.
N0
Description: Based on staff review and comment, we will prepare a final report for presentation to
mN the City Council. The presentation will include the results of the fee analysis. The final
NN user fee model will be submitted to staff and our project team will instruct staff in the
functions ofthe model.
�
�
Meetings: Three(3)meetings with the City Council to present the final report and fee schedule.
�
�
Deliverables: We will provide up to ten (10) bound copies; one (1) unbound copy and an electronic
�
�
PDF file copy of the final report to the City. An update able electronic copy of the study
�
and related schedules will also be provided on CD/ROM using Microsoft Word and Excel.
�
User fee model in Microsoft Excel format.
�
�
�
�
N 6
m
N
N
N
o
osika
ELGIN
THE CITY IN THE SUBURBS
DATE: June 23, 2011
TO: RuthAnne Hall, Budget and Purchasing Officer
FROM: Jennifer Quinton, Acting City Clerk
SUBJECT: Resolution No. 11-107, Adopted at the June 22, 2011, Council Meeting
Enclosed you will find the agreement listed below. Please distribute this agreement to the other
party and keep a copy for your records if you wish. If you have any questions please feel free to
contact our office 847-931-5660 and we will do our best to assist you. Thank you.
• Resolution Authorizing Execution of an Agreement with TischlerBise for a Cost-of-
Service Analysis To Establish User Fees