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HomeMy WebLinkAbout23 - Professional Services Agreements - BerryDunn - Engineering Review Fee StudyProfessional Services Agreement for Engineering Review Fee Study Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of ,2023 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Berry, Dunn, McNeil & Parker, LLC (dba BerryDunn) 2211 Congress Street, Portland, ME 04102- 1955, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services attached hereto as Exhibit A. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 June27th Professional Services Agreement for Engineering Review Fee Study Page 2 of 10 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Professional Services Agreement for Engineering Review Fee Study Page 3 of 10 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Professional Services Agreement for Engineering Review Fee Study Page 4 of 10 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Professional Services Agreement for Engineering Review Fee Study Page 5 of 10 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. City shall give Contractor written notice and an opportunity to cure before this Agreement is terminated for performance. c. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. d. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. e. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Professional Services Agreement for Engineering Review Fee Study Page 6 of 10 c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Shawn Kohtz, City Engineer or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Kevin Price, Project Principal or such other individual as DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Professional Services Agreement for Engineering Review Fee Study Page 7 of 10 Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Professional Services Agreement for Engineering Review Fee Study Page 8 of 10 requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Professional Services Agreement for Engineering Review Fee Study Page 9 of 10 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Professional Services Agreement for Engineering Review Fee Study Page 10 of 10 28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA BERRYDUNN CONTRACTOR By By Jeff Mihelich, City Manager Kevin Price, Project Principal Print Name: Print Title: APPROVED AS TO FORM: By Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Kevin Price Principal berrydunn.com PROPOSAL City of Bozeman Engineering Review Fee Study BerryDunn 2211 Congress Street Portland, ME 04102-1955 207.541.2200 Kevin Price, Project Principal kprice@berrydunn.com Jesse Myott, Project Manager jmyott@berrydunn.com Proposal Submitted On: May 25, 2023 before 4 p.m. DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Table of Contents | i May 25, 2023 City of Bozeman Engineering Division Attn: Marcy Yeykal P.O. Box 1230 Bozeman, MT 59771 Submitted via email to myeykal@bozeman.net Dear Marcy Yeykal: On behalf of Berry, Dunn, McNeil & Parker, LLC (BerryDunn), thank you for the opportunity to submit this proposal in response to the City of Bozeman's (COB’s) Request for Proposals (RFP) for an Engineering Review Fee Study. We value COB as an existing client, having supported multiple projects, including an effort to assist with a community development fee study and a recreation cost of service analysis. We appreciate this opportunity to support COB in a new capacity and will leverage our existing relationship to maximize project efficiencies. BerryDunn is a nationally recognized independent management and IT firm, headquartered in Portland, Maine with nine office locations nationally. Focused on inspiring organizations to transform and innovate, we are a stable and well-established firm that has preserved our core values and reputation for excellence throughout our 49-year history. We have enjoyed steady growth by providing consistent, high- quality services to our clients in all 50 states, Puerto Rico, and Canada. We have a dedicated Local Government Practice Group that works with public-sector organizations like COB to calculate and assess the costs of providing services to their constituents and commercial partners. Our Community Development and Utility Operations Practice focuses exclusively on services such as engineering, public works, planning, permitting, inspections, code enforcement, licensing, asset management, and work orders. As COB seeks to reevaluate the fees collected by Transportation and Engineering Department Staff (the Department), BerryDunn will help establish a solid foundation for understanding COB’s cost to provide services and help ensure associated fees for services reflect the appropriate level in relation to the full cost to provide the service. As a result of the breadth and depth of our experience, we bring unique insights related to reviewing user fees for services like those in-scope for COB and can effectively drive project success on COB’s requested effort. As a principal in our Local Government Practice Group, I am authorized to bind BerryDunn to the commitments made herein. We have read the RFP and understand the conditions it contains. Our proposal is a firm and irrevocable offer valid for 120 days following the submission deadline of May 25, 2023. If you have any questions regarding our proposal or updates during the evaluation process, please consider me the City's primary point of contact and contact me directly. Sincerely, Kevin Price, MPP, PMP®, Prosci® CCP 2211 Congress Street ǀ Portland, ME 04102 207-541-2379 ǀ kprice@berrydunn.com DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Table of Contents | i Table of Contents 1. Firm Overview ......................................................................................................................................... 1 2. Relevant Experience ............................................................................................................................... 2 2.1. Local Government Finance from Multiple Perspectives .................................................................... 2 2.2. References ......................................................................................................................................... 3 3. Project Methodology and Approach ..................................................................................................... 5 3.1. Understanding COB’s Needs ............................................................................................................. 5 3.2. Project Management Methodologies ................................................................................................. 5 3.3. Work Plan ........................................................................................................................................... 7 4. Project Team .......................................................................................................................................... 12 4.1. Roles, Responsibilities, and Qualifications ...................................................................................... 12 5. Project Budget and Schedule .............................................................................................................. 14 5.1. Anticipated Schedule ....................................................................................................................... 14 5.2. Proposed Budget ............................................................................................................................. 15 Appendix A. Resumes .............................................................................................................................. 16 Appendix B. Required Forms................................................................................................................... 20 DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Firm Overview | 1 1. Firm Overview BerryDunn is a nationally recognized independent management and IT consulting firm focused on inspiring organizations to transform and innovate. As a Limited Liability Company formed in 1974 with 54 principals and 29 owners, BerryDunn employs more than 800 staff across nine offices. Our Consulting Services Team has been serving state, local, and quasi-governmental agencies for over 30 years and includes more than 300 staff members. From extensive project experience for more than 400 state, local, and quasi-governmental agencies—including COB— our team brings valuable perspectives to every engagement. Our firm provides a full range of professional services that supports our ability to complete tasks outlined by COB on this initiative. These include: • Cost of Service and Fee Studies • Business Process Improvement, Reviews, and Redesign • Comprehensive/Master Planning • Enterprise and Departmental Strategic Planning • IT Assessments • IT Strategic Planning • Leadership and Organization Development • Organizational, Operational, and Staffing Analyses • Organizational Change Management • Performance Analyses • Project Assessments and Remediation • Software Planning and Procurement • Software Implementation Project Management and Oversight Additionally, our team members have prior experience leading state and local government agencies, providing them with an in-depth understanding of government operations, staffing needs, budgetary constraints, and the business processes required to provide necessary services to the internal divisions and the constituents COB serves. Figure 2 illustrates the overall organization of BerryDunn's Local Government Practice Group. We provide unparalleled expertise and unique insights across these practices, supporting our clients in solving some of their biggest challenges and addressing opportunities to improve and plan. Figure 2: Local Government Practice Group Specialization As mentioned, BerryDunn’s Community Development and Utility Operations Practice will serve COB on this initiative. This practice focuses on municipal and county policies, processes, fees, and systems related to engineering, public works, planning, zoning, permitting, inspections, development services, code enforcement, land management, work order, and asset management functions and is composed of industry experts with both firsthand and project experience. We proudly tailor our projects to recognize the work our clients do every day. We care about what we do, and we care about the people impacted by our work. DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Relevant Experience | 2 2. Relevant Experience 2.1. Local Government Finance from Multiple Perspectives In Table 1, we provide a representative sample our team’s experience conducting fee study, cost recovery, and cost allocation planning projects for various local government departments across the country. This well-rounded perspective will bring value to COB as it strategically plans for the coming years. BerryDunn’s holistic approach will center both COB personnel and the constituents it serves. Table 1: Sample Experience of Services Provided Across Departments Department/Service Area Client Work Performed Community Development and Utility Operations Alachua County, FL Building and Fire Permit Fee Study City of Bozeman, MT Community Development Fee Review Study City of Gainesville, FL Building Permit Fee Study City of Gainesville, FL Fee Schedule Update City of Dallas, TX Comparative Building Permit Fee Study City of Fernandina Beach, FL Building Division Fee Study City of Homestead, FL Workflow and Comparative Fee Analysis City of Largo, FL Building Permit Fee Study City of Tucson, AZ Cost of Service Study and Fee Schedule Redesign Manatee County, FL Building and Development Services Fee Study Sonoma County, CA Fee and Cost Recovery Peer Comparison Town of Longboat Key, FL Comprehensive Fee Study Town of Smithfield, RI Water Rate Study Town of Smithfield, RI Sewer Rate Study Travis County, TX Development Review Process and Fee Study IT City of Irving, TX IT Department Cost Allocation Plan Citywide City of Villa Park, CA Fee and Rates Charges Study Parks and Recreation City of Bozeman, MT Recreation Cost of Service Study City of Cape Coral, FL Comprehensive Fee Study DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Relevant Experience | 3 Department/Service Area Client Work Performed City of Jefferson City, MO Cost Recovery Study/Plan City of Ferguson, MO Cost of Service Analysis City of Grapevine, TX Cost Recovery, Fee Study, and Resource Allocation Plan City of Lynchburg, VA Cost of Service Analysis City of Mesa, AZ Cost of Service Analysis City of Mobile, AL Cost Recovery Analysis City of Gilbert, AZ Parks and Recreation Master Plan City of Raleigh, NC Cost of Service Analysis and Fee Study City of Sanibel Island, FL Cost of Service Analysis City of Tampa, FL Fiscal Analysis City of University Park, TX Cost of Service Consulting Granville County, NC Parks and Grounds Cost of Service Analysis Howard County, MD Fiscal Analysis Jackson County, MS Cost of Service Analysis Town of Amherst, MA Cost Recovery and Fee Analysis Town of Crestwood, CO Cost of Service Analysis Town of Queen Creek, AZ Cost of Service Analysis and Fee Study 2.2. References Below and on the following page, we provide reference information for several clients who can speak to the quality and satisfaction we deliver on comparable engagements. Travis County, Texas Anna Bowlin, Division Director of Development Services 941-748-4501 | anna.bowlin@traviscountytx.gov Development Review Process, Cost of Service Analysis and Fee Study 12/2020 – 01/2022 Travis County partnered with BerryDunn to review fees and charges and associated revenues and expenses for each permit and service listed on the Division’s master fee schedule. The focus of the project was to review all revenue generated from fees for permits and services provided by DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Relevant Experience | 4 the Division and the identified expenses associated with providing all Division services. This review allowed the County to make informed policy decisions at the aggregate level, as well as on each individual permit or service regarding fee levels and revenue generation. City of Tucson, Arizona Lynne Birkinbine, Deputy Director of Planning and Development Services 520-837-3708 ǀ lynne.birkinbine@tucsonaz.gov Planning and Development Services Department Cost of Service Study 07/2017 – 07/2022 BerryDunn has been working with the City of Tucson since December 2017, beginning with the community development system selection project. Following selection of the preferred software system, EnerGov, we conducted a cost of service study focused on the City’s Planning and Development Services Department, Department of Transportation, Building Department, and Fire Department. The City of Tucson partnered with BerryDunn to conduct a Planning and Development Services Department Cost of Service Analysis project. The focus of the project is reviewing all revenue generated from fees for permits and services provided by the Department and the identified expenses associated with providing all Department services. City of Gainesville, Florida John Freeland, Building Official 352-393-8640 | freelandjc@cityofgainesville.org Department of Sustainable Development Cost of Service and Fee Study 01/2021 – 06/2022 The City of Gainesville engaged BerryDunn to provide support with updating the methodology used to calculate building permit fees, land development fees, and other related services provided by the Department of Sustainable Development’s Building and Planning Divisions, and to perform a full cost analysis to help ensure the City is recovering the full cost for providing these services. We reviewed services, such as building permit and land development intake, build plan review, building construction inspections, development plan reviews, zoning reviews and inspections, land reviews and inspections, and processing of other applications to accurately and reasonably allocate available financial and personnel resources to the services provided. BerryDunn compiled findings in a final report and cost model. Findings and recommendations were successfully presented to the City Manager, Builders Association of North-Central Florida, and the City Commission. Subsequently, the City engaged BerryDunn to utilize the cost of service findings to develop and propose and updated master fee schedules to be adopted. The City Commission adopted the updated fee schedules in June of 2022. DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Project Methodology and Approach | 5 3. Project Methodology and Approach 3.1. Understanding COB’s Needs Bozeman is a full-service City, affectionately known in the area as “the most livable place.” Characterized by its plethora of recreational activities and picturesque mountains, Bozeman is home to approximately 55,000 residents, several hundred of whom are COB employees. As this time, COB seeks a qualified consultant to determine the cost to provide various engineering services; identify the efficiency of current cost recovery levels; and recommend methodologies and fee changes necessary to achieve cost recovery now and in future years. This is where BerryDunn comes in. Our approach to conducting comprehensive cost of service and fee studies is rooted in developing a thorough understanding of the processes and personnel currently utilized by specified departments. Using this data and insight, we will develop a detailed cost model that identifies, calculates, totals, and allocates allowable direct and indirect costs to all applicable services. We then recommend methodologies for calculating fees and the amount of each fee. Additionally, we will leverage our knowledge and experience with COB and our process improvement expertise to determine the strengths and weaknesses of current service processes. We will interview select staff and stakeholders as directed—examples of which could be customers, residents, businesses, and community members—and consider data such as key functions, process flows, time frames, and duplicative functions. We will then provide recommended improvements. We will prepare both a Fee Study Report and Fee Study Model in draft form and solicit input from COB before updating the report and model to final. We will then present our report and cost model findings to select COB staff, select external stakeholders, and the City Council as directed. We find this presentation approach allows an opportunity for staff, stakeholders, and Council members to ask any final questions, provide additional feedback, and establish a higher level of buy-in, helping ensure the long-term success and adoption of the fee study recommendations. We understand what is being requested by COB and agree to provide the services necessary to achieve the goals and objectives of this project. 3.2. Project Management Methodologies To help ensure that project objectives are met, and initiation and completion of project work are conducted in a timely manner, each BerryDunn project is led by an experienced project manager who understands and utilizes project management best practices. In terms of COB’s project, Jesse Myott will lead the requested work effort. Jesse has served as project manager for numerous fee study projects, including our prior work with the City, and will help ensure the success of the City’s in-scope engagement. Our Consulting Services Team employs project management best practices from PMI®’s A Guide to the Project Management Body of Knowledge Guide (PMBOK® Guide), Version Seven. Figure 3, on the following page, illustrates the standards of project management as defined by performance domains and project delivery principles that are critical for effective delivery of project outcomes. DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Project Methodology and Approach | 6 Figure 3: Project Management Life Cycle Change Management Methodology Stakeholders’ willingness to adopt new processes and tools plays a significant role in the success—or failure—of fee study projects. BerryDunn has observed resistance to change in virtually all our engagements. As such, our project management approach is carefully integrated with change management methodologies to promote buy-in and consensus for the project, and we will work with you to proactively address resistance by: • Engaging stakeholders at the right level throughout the project—from initial planning through implementation—to build understanding for the need for change and gain support from the people who will be using the future solutions and who are most familiar with current processes • Developing and executing a communications plan that considers the information needs of each stakeholder group • Documenting business processes and working with stakeholders to understand how their work will be performed in the future environment We have adopted the Prosci® change management methodology and trained over 100 consultants to become Prosci® Certified Change Practitioners (CCPs), including our proposed principal and project manager. A central focus of the Prosci® change management approach is the belief that, for change to work in an organization, individuals must be willing to change and understand change. Additionally, according to research conducted by Prosci®, the likelihood of project success increases significantly and in alignment with the level of change management focus applied to the project. DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Project Methodology and Approach | 7 3.3. Work Plan BerryDunn strives to be flexible when it comes to developing and executing an effective work plan. We understand that no two projects are exactly alike, and our past clients have appreciated our willingness to adapt to their needs. This mindset plays a foundational role in how we measure the success of our portfolio of similar projects. Our approach to preparing COB’s fee study is outlined below and designed to incorporate consistent project management best practices with each of COB’s key deliverables and tasks. Our intent is to work with staff to help ensure we make the best use of your time. Ultimately, consistent collaboration can help promote buy-in and understanding for final recommendations. You can expect our approach to include the following attributes: • A methodology based on our extensive experience conducting similar cost of service, cost recovery, and fee studies • Quality assurance processes that incorporate COB review and approval of all deliverables • Built-in project management best practices that focus on keeping the project on time, on budget, and progressing at a healthy pace for COB stakeholders to give input in the information gathering and fact-finding process and understand final recommendations Figure 4 presents an overview of our proposed approach to completing COB’s desired scope of work. Figure 4: BerryDunn's Proposed Approach Below and on the following pages, we present a detailed breakdown of our approach to conduct the requested fee study. BerryDunn strives to be flexible when it comes to developing and executing an effective project plan. We understand that no two projects are exactly alike, and our past clients have appreciated our willingness to adapt to their needs. PHASE 0 Project Initiation and Management To establish a strong foundation for the project and help ensure a high-level of quality and communication throughout the engagement, we will utilize project management best practices based on PMI®’s PMBOK® Guide and our experience conducting similar projects with municipal and county engineering, building and development, and public works departments throughout the country. COB can expect our team to complete the following project activities: DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Project Methodology and Approach | 8 PHASE 0 Project Initiation and Management  Thorough project planning, including an initial planning teleconference between BerryDunn’s team and applicable staff to confirm project goals, objectives, and expectations  Virtual kickoff meeting; following the initial planning call, we will conduct a virtual kickoff meeting with COB’s project team and identified stakeholders to discuss in greater detail the relationship of the current fees and charges environment, current cost recovery levels and targets, and current citywide goals and initiatives  Development of a detailed Project Work Plan and Schedule reflecting our proposal. Based on the information gathered from our initial project planning call and virtual/on-site kickoff meeting (most effective approach to be determined in conjunction with COB’s project team), we will develop the Project Work Plan and Schedule. This will outline the tasks, timelines, and identified milestones  Documentation and data review, including but not limited to current fee schedules, lists of existing permit and service types and annual volume, revenue and expenditure budgets and reports, detailed revenue reports by permit or service type, organizational chart(s) and staffing rosters, personnel salary and benefit data, and other documentation deemed important to the study  Biweekly Project Status Meetings, which will describe activities and accomplishments for the reporting period, risk mitigation, deliverable reviews, scheduling discussions, and more Deliverable 1: Project Work Plan and Schedule Deliverable 2: Biweekly Project Status Updates PHASE 1 Cost of Service Analysis and Fee Analysis During Phase 1, our project team will interview staff and stakeholders virtually and review applicable fee schedules and budgets. We will use this information to assess Engineering and Public Works Support Services related to the Department’s current fees and charges environment. We will examine the customer service culture, perform a personnel analysis, and develop an initial cost model. Our goal will be to identify key direct and indirect resources related to Department service delivery. We will then project cost recovery per applicable division, per service category, and where applicable for each specific service the Department provides. We will develop recommendations and recommend fees consistent with identified revenue requirements and cost recovery targets established in conjunction with staff and stakeholders. COB can expect our team to complete the following project activities:  Interview staff and stakeholders virtually  Review applicable fee schedules  Review applicable operating and capital budgets  Review revenue and expenditure reports (actuals) DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Project Methodology and Approach | 9 PHASE 1 Cost of Service Analysis and Fee Analysis  Perform a personnel review  Project the full cost for providing services  Project the full cost for providing services by specific department/division, service category, and/or specific service  Recommend methodologies for calculating fees and the amount of each fee to satisfy revenue requirements and cost recovery targets  Recommend where it is not feasible to recover the full cost of providing a service and also identify those instances where full cost recovery is attainable  Recommend fee for services the Department is currently providing but for which no fee is currently assessed Figure 5, below, provides an overview of the information our project team will gather and how that will funnel into a cost model to determine cost of services. Figure 5 may not be inclusive of, or applicable to, all information reviewed and analyzed. Figure 5: Cost of Service Graphic Deliverable 3: Cost of Service Analysis and Fee Study PHASE 2 Recommendations, Fee Schedule Structure Considerations, and Peer Comparisons Utilizing the Cost of Service Analysis and Fee Study developed in Phase 1, our project team will identify and prioritize necessary changes to fee calculation methodologies and fee schedule structure and cost allocations, develop initial recommendations, and outline any additional, applicable areas DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Project Methodology and Approach | 10 PHASE 2 Recommendations, Fee Schedule Structure Considerations, and Peer Comparisons where improvements should be considered. We will review findings, priorities, and recommendations with internal and external stakeholders during two virtual workshops. COB can expect our team to complete the following project activities:  Facilitate virtual workshops  Validate fee schedule structure, fee calculation methodology, and full-cost allocation methodology  Where appropriate, demonstrate best practices and methodologies related to service delivery  Identify other deficiencies and areas for improvement  Develop recommendations, priorities, and implementation strategies  Provide additional consultative recommendations  Survey up to five comparable cities/counties/towns to assess current and recommended fee levels, fee structure, service delivery structure, workloads and service volumes, and the fiscal environments related to similar core services peers provide. Deliverable 4: Recommendations, Fee Schedule Structure Considerations, and Peer Comparisons PHASE 3 Draft Findings and Recommendations We will prepare a Draft Cost of Service and Fee Study Report, which we will share with staff and applicable stakeholders as directed. We will solicit feedback and discuss, document, and include desired modifications. We find that by sharing our initial findings and report with staff and stakeholders, we can establish consensus, build buy-in, and promote the long-term success of the recommendations and changes. Additionally, we will provide COB with the draft cost of service model in an easily accessible Microsoft Excel format. COB can expect our draft findings and recommendations to include the following:  Full-cost analysis and fee study findings related to the current fiscal and service environment  Revenue and expense allocations to services related to the current fiscal and service environment  Revenue requirement estimates and revenue projections for three fiscal years  Expense requirement estimates and expense projections for three fiscal years  Cost recovery targets  Fee design and calculation recommendations  Updated fee schedule(s) – structure and levels where applicable  Our review, analysis, and development of full-cost allocations for projected direct and indirect costs related to internal service delivery  Additional, applicable findings and recommendations Deliverable 5: Draft Cost of Service and Fee Study Report DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Project Methodology and Approach | 11 PHASE 4 Final Findings and Recommendations As final project closeout and knowledge sharing activities, we will apply edits to the Final Cost of Service and Fee Study Report, incorporating COB’s feedback. We will review final project deliverables with staff and applicable stakeholders virtually, as directed. We find that involving staff in preparation of the final documents helps to transfer knowledge and helps ensure the successful implementation of the final recommendations. COB can expect our team to complete the following project activities:  Update the Cost of Service and Fee Study Report and Cost of Service and Cost Allocation Model to final  Provide a single PDF file of the report and Microsoft Excel version of the cost model  Provide training to Department staff on the use of cost allocation model so that staff can independently update the model in subsequent years as needed  Optional: Present final project deliverables to the Department  Optional: Present final project deliverables to the City Council if desired Deliverable 6: Final Cost of Service and Fee Study Report Deliverable 7: Final Cost of Service and Cost Allocation Model Deliverable 8: Final Presentations (Optional) DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Project Team | 12 4. Project Team Our team members bring valuable perspectives from their experiences providing project planning, project management, business process improvement services, fee studies, and more. Figure 6 illustrates our team organization and leadership. Figure 6: BerryDunn Team Organization 4.1. Roles, Responsibilities, and Qualifications Below and on the following pages, we provide details of our project team members’ roles, responsibilities, and qualifications as it relates to COB’s requested services. Our project team members’ full resumes are included in Appendix A for COB’s further review and consideration. Kevin Price, MPP, PMP®, Prosci® CCP | Project Principal Kevin is a principal in our Local Government Practice Group. He leads our Community Development and Utility Operations Practice, assisting local government clients with fee analysis, business process improvement, system selection, and implementation projects. He also leads our Technology Management Practice focused on assisting local government clients with IT assessments and strategic planning projects. A certified Project Management Professional® (PMP®), Kevin has extensive experience in assessing the business needs and processes of municipal clients for permitting, inspections, planning, code enforcement, and land management functions. Kevin is also a Lean Six Sigma Green Belt, allowing him to continuously define, measure, analyze, improve, and control projects and environments for his clients. Further, Kevin has experience working with COB on a fee review study. As the project principal, Kevin will:  Have overall responsibility for the services we have proposed to COB  Help ensure the commitment of our firm and appropriate resource allocation  Review and approve all deliverables in accordance with BerryDunn’s quality assurance processes DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Project Team | 13 Jesse Myott, MA | Project Manager Jesse is a manager in our Local Government Practice Group. He has over a decade of public-sector experience, focusing on supporting local governments with operating and capital improvement budget development and management; special fund accounting, revenue and expenditure forecasting; customer valuation; and cost of revenue analyses for municipal programs and services. Jesse has led multiple cost of service and cost allocation projects for local governments from California to Massachusetts and has conducted fee studies for community development departments in COB as well as the Cities of Fernandina Beach, Largo, and Gainesville, Florida, and Travis County, Texas. As the project manager, Jesse will:  Build and maintain a productive relationship with COB  Serve as COB’s primary point of contact  Lead our work and perform day-to-day project management and staff oversight  Lead the analysis and development of project deliverables  Develop and maintain the Project Work Plan and Schedule  Provide subject matter expertise Fred Turnier, MPA, AICP, Prosci® CCP | Subject Matter Expert Fred is a manager in BerryDunn’s Local Government Practice Group. He is an AICP- certified former community development director and city planner. He has more than 25 years of experience working with local government agencies on projects related to fee studies, cost recovery analyses, business process improvement, policy analysis and development, and system design and implementation. He provided similar fee study services to COB, as well as the City of Tucson, Arizona; City of Dallas, Texas; the City of Fernandina Beach, Florida; and Town of Longboat Key, Florida. As the subject matter expert, Fred will:  Leverage his experience as a municipal community development director and knowledge of fee study and cost recovery best practices to provide expertise on in-scope services and assessment of fees. Davianna Humble | Business Analyst Davianna is a consultant in our Local Government Practice Group and an expert in public sector budgeting and management analysis. In prior public sector roles, she has managed $1 billion operating and $400 million capital budgets, reviewed funding requests, helped ensure funds were used in alignment with established strategies and expected outcomes, and provided programmatic counsel and analytical support to assist various departments. Davianna applies a solutions- oriented, customer-focused lens to all her work and is skilled at conveying budgeting recommendations to leadership and community members. As the business analyst, Davianna will:  Support the development of project deliverables  Lead the review of existing documents and data  Synthesize findings. DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Project Budget and Schedule | 14 5. Project Budget and Schedule 5.1. Anticipated Schedule Table 5 presents a high-level overview of our proposed 10-week project schedule. We are happy to adjust this schedule to best accommodate the City’s needs, as appropriate. Table 5: BerryDunn’s Proposed Timeline Phase / Week 1 2 3 4 Phase 0: Project Initiation and Management  Initial meeting to refine scope ● Phase 1: Cost of Service Analysis and Fee Analysis  Staff interviews ● ● ● Phase 2: Recommendations, Fee Schedule Structure Considerations, and Peer Comparisons  Staff interviews ● Phase 3: Draft Findings and Recommendations  Initial draft of fee study report ● Phase 4: Findings, Recommendations, and Presentation  Final draft of fee study report, council presentation, revisions, staff training ● DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Project Budget and Schedule | 15 5.2. Proposed Budget Our proposed fixed fee to complete our proposed work plan is broken down by phase in Table 2. We welcome the opportunity to review these costs based upon any feedback related to our work plan. Our fees are based on our experience conducting projects of similar size and scope, and the assumption that satisfying a deliverable is based on COB’s signed acceptance. We have proposed to complete this project virtually. If on-site trips are required, we will bill COB for travel expenses as incurred. Table 2: BerryDunn’s Proposed Fees by Phase and Deliverable Phase Cost Phase 0: Project Initiation and Management $2,940 Phase 1: Cost of Service Analysis and Fee Analysis $3,675 Phase 2: Recommendations, Fee Schedule Structure Considerations, and Peer Comparisons $2,940 Phase 3: Draft Findings and Recommendations $1,470 Phase 4: Final Findings and Recommendations $1,960 Proposed Cost $12,985 *Estimated Travel $1,800 *Travel will only be billed as incurred DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Appendix A. Resumes | 16 Appendix A. Resumes Kevin Price, MPP, PMP®, Prosci® CCP Project Principal Kevin is a principal in BerryDunn’s Local Government Practice Group. He leads our CDUO Practice, assisting local government clients with fee study, business process improvement, system selection, and system implementation projects. Relevant Experience Fee Studies: Kevin has assisted BerryDunn clients with cost of service and comparative fee analysis projects. Kevin previously led a fee review study project with COB. He is currently serving as the Project Principal for our cost of service fee study for Alachua County, Florida. Process Analysis and Improvement: Kevin has assisted BerryDunn clients with process improvement projects as part of system replacement projects and as standalone projects. Kevin has previously led the process improvement projects with the Cities of Rockville, Maryland; Alexandria, Virginia; Philadelphia, Pennsylvania; and Frisco, Texas. Project Management: Kevin has managed projects for some of BerryDunn’s most complex local government clients. He previously managed BerryDunn’s Municipal Street Addressing and Right-of- Way Permitting and Code Violation System Assessment Projects for the City of Philadelphia and the Comparative Fee Analysis Project for the City of Dallas, Texas. Kevin is also overseeing our current system selection project with the City’s Housing and Revitalization Department. Selected Local Government Clients • City of Beaverton, OR • City of Boca Raton, FL • City of Bozeman, MT • City of Dallas, TX • City of Detroit, MI • City of Farmers Branch, TX • City of Fernandina Beach, FL • City of Fredericksburg, VA • City of Frisco, TX • City of Gainesville, FL • City of Grand Prairie, TX • City of Irvine, CA • City of Philadelphia, PA • City of Plano, TX • City of Tucson, AZ • City of Wilmington, NC • Lake County, IL • Outagamie County, WI • Scott County, IA • Travis County, TX • Town of Longboat Key, FL Education and Memberships Master’s in Public Policy and Management, Concentration in Financial Management, University of Southern Maine BA, Economics and Political Science, University of Maine Project Management Professional® (PMP®), Project Management Institute® Prosci® Certified Change Practitioner Lean Six Sigma Green Belt Certified City of Westbrook, ME Planning Board – Member, 2023 – 2024 City of Westbrook, ME Sewer Commission – Member, 2021 – 2023 DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Appendix A. Resumes | 17 Jesse Myott, MA Project Manager Jesse is a manager in our Local Government Practice Group. He brings over a decade of public-sector experience, focusing on supporting local governments with operating and capital improvement budget development and management; special fund accounting, revenue and expenditure forecasting; customer valuation; and cost of revenue analyses for public-sector programs and services. Jesse has led multiple cost of service and fee study projects for local governments across the country. Relevant Experience Fee Studies: Jesse has authored highly complex and sensitive fee studies, created detailed subsidy analyses, and developed cost recovery models as well as water and sewer rate setting models for a number of municipalities across the country, most recently for Travis County, Texas, Tucson, Arizona, and Gainesville and Largo, Florida. Jesse also worked with COB on a fee study review project. Business Process Analysis: Jesse is an experienced municipal finance and management professional with over a decade of experience serving in many areas of local government both as an analyst and in senior management roles. His municipal business process knowledge extends through city administration, public works, water delivery and waste collection services, solid waste collection, public safety, economic development and redevelopment, library and recreation services, human resources, capital improvement program development, facility planning, compensation and benefits analysis, and citywide operating budget planning, monitoring and delivery. Finance: Jesse brings over a decade of public-sector experience. In addition to being an adept municipal finance professional, Jesse is particularly accomplished in the areas of public works and engineering budget development and delivery as well as capital improvement project budget development and delivery. Utilities Operations: Jesse has years of utility operations experience, specifically in the area of water and sewer utility management: operating and capital improvement budget development and delivery, rate setting, water distribution infrastructure finance planning and collection infrastructure finance planning. Select Local Government Clients • City of Bozeman, MT • City of Cape Coral, FL • City of Fernandina Beach, FL • City of Gainesville, FL • City of Largo, FL • Manatee County, FL • City of Villa Park, CA • Hamilton County, IN • Tucson, AZ • Travis County, TX Education and Memberships AS, Champlain College BA, History, University of Rhode Island MA, History, San Francisco State University California Society of Municipal Finance Officers (CSMFO) (former) Municipal Management Association of Northern California (MMANC) (former) Presentations Massachusetts Recreation and Park Association (MRPA) Annual Conference Speaker 2015 – Cost Recovery Methods DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Appendix A. Resumes | 18 Fred Turnier, MPA, AICP, Prosci® CCP Subject Matter Expert Fred is a manager with more than 25 years of experience working with local government agencies and extensive experience assisting public-sector entities with project management and development services, business process improvement, fee and cost recovery analysis, system design and implementation, and policy analysis and formation. He focuses in the areas of community development, planning, building, inspections, code enforcement, business licensing, housing and homelessness issues, land management, utilities, and infrastructure planning. Relevant Experience Fee Studies: Fred has worked with several local government building and development departments to help determine their true cost of service. He has provided services similar to those requested for the City of Bozeman, Montana; City of Tucson, Arizona; City of Fernandina Beach, Florida; City of Dallas, Texas; and the Town of Longboat Key, Florida. Community Development: Fred’s extensive background in local government community development leadership positions affords him knowledge of technology, best practices, and common challenges in the field. He has served as community development or planning director for multiple cities, including Reno and Fernley, Nevada. His background includes technical and management oversight of planning, building, code enforcement, business licensing, code enforcement, inspections, housing programs, and homeless services. Business Process Improvement: Fred has extensive experience providing business process improvement services across many departments, including public works and parks and recreation. Many projects involve identifying business processes that overlap departments, services, classifications/ compensations for staff, and performance metrics. Fred has helped to identify efficiencies and best management practices, including written workflow assessments, performance metrics identification, and long- and short-term improvement recommendations development. Selected Local Government Clients • City of Beaverton, OR • City of Boca Raton, FL • City of Bozeman, MT • City of Dallas, TX • City of Fernandina Beach, FL • City of Frisco, TX • City of Irvine, CA • City of Philadelphia, PA • City of Santa Fe, NM • Pitkin County, CO • Sonoma County, CA Education and Memberships Master’s in Public Administration (MPA), University of Nevada, Las Vegas BA, Economics and Geography, University of Nevada, Reno Certified Planner, American Institute of Certified Planners (AICP) Member, American Planning Association Prosci® Certified Change Practitioner (CCP) DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Appendix A. Resumes | 19 Davianna Humble, CSM Business Analyst Davianna is a consultant in our Local Government Practice Group and an expert in public sector budgeting and management analysis. Prior to joining BerryDunn, she worked with Wake County, North Carolina, and Douglas County, Kansas to provide programmatic counsel and analytical support to assist various departments in achieving their goals and objectives. Davianna has evaluated funding requests, provided data-driven program recommendations, monitored $1 billion operating and $400 million capital budgets, and helped ensure funds were used in alignment with established strategies and expected outcomes. Relevant Experience Business Analysis: As a management analyst, Davianna has assisted and collaborated with various departments—ranging from public safety to parks and libraries—to provide analytical support and data-driven, customer-focused recommendations. She has tracked local, state, and federal policies to evaluate their impact on operations and to ensure compliance with external laws and regulations, and she is skilled at developing persuasive written and oral communication to convey analysis and recommendations. Budgeting: Davianna’s experience includes evaluating funding and program requests for operating and capital budgets, developing alternatives in collaboration with department staff, and recommending prioritized strategic options through an annual budget development process. She was responsible for $1 billion in operating and $400 million in capital budgets and worked with multiple departments and outside agencies to ensure appropriate distribution of funds. She is also skilled at formulating budget narratives to help convey key points and decision factors to the public. Training and Development: Davianna previously assisted in a human services building restructure initiative, which included a tenant questionnaire, remapping the facility, and creating a summary of facility costs. Additionally, she updated a handbook to orient newly elected government officials to frequently asked questions and provide pertinent contact information. Human Services: Davianna has contributed to anti-poverty workgroups aimed at developing systems-based solutions to reducing poverty and discrimination; coordinated with emergency management staff and volunteers to assess unmet resident needs after natural disasters and connect residents with resources; and published an article on efforts to address human trafficking within the State of Kansas. Education and Memberships Master of Public Administration, University of Kansas Certified ScrumMaster, Scrum Alliance DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5 Quotes for 2023 Engineering Fee Study ATTACHMENT A: NON-DISCRIMINATION AFFIRMATION FORM [name of entity proposing] hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity, or disability in the performance of work performed for the City of Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the [name of entity proposing] employees and to all subcontracts it enters into in the performance of the agreement with the City of Bozeman. Signature of Proposer: Person authorized to sign on behalf of the proposer Appendix B. Required Forms Berry, Dunn, McNeil & Parker, LLC Berry, Dunn, McNeil & Parker, LLC DocuSign Envelope ID: 3BCAE448-F6BA-41D6-B6F3-F3A41683F4A5