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INDIAN RIVER COUNTY/IMPACT FEE STUDY CONSULTANT CONTRACT
By and Between
INDIAN RIVER COUNTY
And
TINDALE -OLIVER AND ASSOCIATES , INC .
THIS CONTRACT FOR THE INDIAN RIVER COUNTY IMPACT FEE STUDY between
Indian River County, hereafter referred to as "County" , and Tindale- Oliver and Associates , Inc . ,
Impact Fee Study Consultant, hereafter referred to as "Consultant" is entered into this 161h day
of March, 2004 .
I. Duration of the Contract
This contract is valid from March 16 , 2004 until the impact fee study is done unless canceled by
either Consultant or County, after a 30 day written notice . The consultant shall commence work
within seven (7) days after receiving the notice to proceed, unless notice to proceed indicates
otherwise .
II . Scope of Services
Scope of Services is attached to this contract as Appendix "A" .
III . Compensation Method (Fees)
The professional services described in the Scope of Services , including all travel expenses and
other direct expenses , will be provided for a total cost of $ 183 , 346 . 00 .
1 . COUNTY shall pay to Consultant a mutually agreed upon lump sum professional fee for
each work order activity as shown on Appendix ` B " and Appendix " C " of this contract, to be
paid in monthly installments as invoiced by Consultant. Each monthly invoice will
document the work performed . Upon submittal of an invoice documenting the completion of
all or a portion of one or more of the Tasks listed in the Scope of Services , the COUNTY
Project Manager will determine if the Tasks or portions thereof have been satisfactorily
completed . Upon a determination of satisfactory completion, the COUNTY Project Manager
will authorize payment to be made for the Task, Tasks , or portions thereof. All payments for
services shall be made to Consultant by COUNTY in accordance with the Florida Prompt
Payment Act (Florida Statutes § 218 . 70 et seq . )
2 . The COUNTY Project Manager shall have the sole right to reduce (or eliminate , in whole or
in part) any portion of the services at any time and for any reason, upon written notice to
Consultant specifying the nature and extent of the reduction . In such event, Consultant shall
be fully compensated for the services already performed and also for the services remaining
to be done and not reduced or eliminated .
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3 . The COUNTY Project Manager may, at any time and for any reason, direct the
Consultant to suspend services (in whole or in part) under this Agreement. Such
direction shall be in writing, and shall specify the period during which services shall be
stopped . The Consultant shall resume its Services upon the date specified, or upon such
other date as the COUNTY Project Manager may thereafter specify in writing . Where
the COUNTY has suspended the services under this Agreement for a period in excess of
six (6) months , the compensation of Consultant for such suspended services may be
subject to modification. The period during which the services are stopped by the
COUNTY shall be added to the time of performance of this Agreement ; provided,
however, that any stoppage of services not approved or caused by the actions or inactions
of the COUNTY shall not give rise to any claim against the COUNTY by the Consultant .
4 . Consultant shall submit invoices using the forms or copies of the forms attached to this
contract .
IV. Insurance Requirements
The consultant providing services under this contract will be required to procure and maintain at
its own expense and without cost to the County, until final acceptance by the County of all
products or services covered by the purchase order or contract, the following types of insurance .
The policy limits required are to be considered minimum amounts .
General Liability Insurance policy with a $ 1 , 000 , 000 combined single limit for each
occurrence to include the following coverage : operations , products and Completed
Operations , Personal Injury, Contractual Liability, and Independent Contractors for
bodily injury and property damage .
Business Auto Liability Insurance which includes coverage for all owned, non-owned
and rented vehicles with a $ 1 , 000 , 000 combined single limit for each occurrence .
Workers ' Compensation and Employers Liability Insurance covering all employees of the
consultant and subcontractors , as required by law.
Professional Liability Insurance Policy in the amount of $ 1 , 000 , 000 per claim for
professional or consulting services .
The consultant shall provide certificates of insurance to the County demonstrating that the
aforementioned insurance requirements have been met prior to the commencement of work
under this contract. The General Liability and Auto Liability certificates of insurance shall
indicate that the policies have been endorsed to cover the County as an additional insured and
that these policies may not be canceled or modified without thirty (30) days prior written notice
to the County.
All insurance policies shall be issued by companies authorized to do business under the laws of
the State of Florida. All such insurers must have an A . M . Best rating of no less than A+VII .
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The insurance coverage enumerated above constitutes the minimum requirements and shall in no
way lessen or limit the liability of the consultant under the terms of the contract. Sub-
Contractors ' insurance shall be the responsibility of the consultant.
V. Audit Rights
County reserves the right to audit the records of the consultant related to this contract at any time
during the execution of the work included herein and for a period of three years after final
payment is made . Bills for fees or other compensation for services or expenses shall be
submitted to the county in detail sufficient for a proper pre -audit and post audit thereof.
VI . Other Requirements and Legal Notices
• Debarment
Consultant certifies that he has not been debarred from bidding, proposing, or contracting for
federal , state , or local government programs or activities .
• Indemnification
To the extent permitted by law, Consultant shall indemnify, and save COUNTY harmless from
any and all damages , claims , and causes of action against COUNTY for damages or injury to any
person or property arising out of, or in connection with, the intentional reckless or negligent
performance or negligent acts , actual or alleged, of Consultant, under the terms of this contract.
Indemnification is limited to $ 500 , 000 . 00 per occurrence .
In addition to the foregoing, Consultant agrees to hold COUNTY harmless from any liability
arising from the claims of Consultant ' s sub-contractors or any others which Consultant might
employ or obtain services from in connection with the performance of this contract .
• Independent Entity
Consultant is and shall act as an independent contractor of COUNTY . The Consultant agrees to
conduct itself in a manner independent of COUNTY and further agrees that it will neither hold
itself out as , nor claim to be , an officer, employee or agent of COUNTY by reason of this
contract, and that it will not by reason of this contract make any claim , demand, or application
for any right or privilege applicable to an officer, employee or agent of COUNTY, including, but
not limited to , workers ' compensation coverage , unemployment insurance benefits , social
security coverage or retirement membership or credit.
• Assignment
Consultant shall not assign this contract without the express written approval of COUNTY via
executed amendment.
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Miscellaneous
Should it become necessary to determine the meaning or otherwise interpret any work, phrase or
provision of this contract, or should the terms of this contract in any way be the subject of
litigation in any court of laws or equity, it is expressly agreed that the laws of the State of Florida
shall exclusively control same . Venue shall lie in circuit court of Indian River County, or the
Federal Southern District of Florida .
This contract may not be modified unless such modifications are evidenced in writing signed by
both COUNTY and Consultant. Such modifications shall be in the form of a written
Amendment executed by both parties .
All references herein to statutes , ordinances , codes and regulations shall include any amendments
thereto adopted or put into effect during the duration of this contract .
Written Notices
Any notice of cancellation of this contract shall be in writing and given by certified mail , return
receipt requested, or in person with proof of delivery, to the addresses below, or such other
address as either party shall have specified by written notice to the other party delivered in
accordance herewith :
Consultant : Steve Tindale
Tindale-Oliver & Associates , Inc .
1000 North Ashley Drive
Suite 100
Tampa, FL 33602 -3719
County : Robert M . Keating, AICP
Community Development Director
Indian River County
184025 th Street
Vero Beach, FL 32960
Fax # : (772) 978 - 1806
Phone # : (772) 567- 8000 , ext . 1254
VII. RESPONSIBILITIES OF THE CONSULTANT
1 . The services rendered by Consultant shall be commenced upon written notice from the
COUNTY. Consultant agrees to complete the Project within the time frame specified in
the Scope of Services .
2 . Consultant shall not commence work under this contract until it receives a written Notice
to Proceed from the COUNTY .
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3 . Consultant shall submit copies of all proposed changes to the project scope of services for
review and approval by COUNTY before authorization of any contract change order .
After said review and approval by COUNTY, changes shall not be effective unless in
writing and properly executed by the parties .
4 . Consultant, as a part of the consideration hereof, does hereby covenant and agree that : 1 )
in connection with the furnishing of services to COUNTY hereunder, no person shall be
excluded from participation in, denied the benefits of, or otherwise subjected to
discrimination in regard to the services to be performed by Consultant under this
Agreement on the grounds of such person' s race , color, creed, national origin, religion,
physical disability, age or sex ; and 2) the Consultant shall comply with all existing
requirements concerning discrimination imposed by any and all applicable local , state ,
and federal rules , regulations , or guidelines , as such rules , regulations , or guidelines may
be from time to time amended . .
5 . Consultant shall designate a representative to keep COUNTY staff informed as to all
aspects of the project work . The name and address of Consultant ' s designated
representative is : Robert Wallace , 1000 North Ashley Drive , Suite 100 , Tampa, FL
33602 ,
6 . Consultant shall have all records and project work accessible for inspection and review
by COUNTY at such time as is mutually agreeable to all parties .
7 . Consultant shall keep and maintain financial , invoice , and employment records pertaining
to the contractual obligation between COUNTY and Consultant for pre-audit and post-
audit purposes for a period of three (3 ) years following the completion of all project
work, or until all claims and audit findings involving the records have been received,
whichever is later. The COUNTY, or any of its duly authorized representatives shall
have access to any books , documents , papers , and records of Consultant which are
directly pertinent to this Agreement, for the purpose of making audit, examination,
excerpts , and transcription.
8 . Consultant shall forward all documentation as it pertains to the project to the designated
COUNTY Project Manager. Name : Robert M . Keating Address : Indian River County,
184025 1h Street, Vero Beach, FL 32960 .
9 . It is understood and agreed that all documents , including reports and other data prepared
or obtained by Consultant in connection with its services hereunder, shall be delivered to ,
and become the property of, COUNTY prior to final payment to Consultant.
10 . In connection with professional services to be rendered pursuant to this contract,
Consultant further agrees to :
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A . Maintain an adequate staff of qualified personnel .
B . Ensure that plans meet all current federal , state and local laws , rules , or
ordinances applicable to the work .
Co Cooperate fully with COUNTY in the scheduling and coordination of all
phases of the work .
D . Cooperate and coordinate with other COUNTY consultants , as directed by
COUNTY.
E . Report the status of the work to COUNTY upon request and hold pertinent
data, calculations , field notes , records , sketches and other projects open to
the inspection of COUNTY or its authorized agent at any time .
F . Interpret plans and other documents ; correct errors and omissions and
prepare any necessary plan revisions not involving a change in the scope
of the work required, at no additional cost within thirty (30) calendar days
of notice by the COUNTY, or upon a determination of the Consultant of
the existence of such errors or omissions , whichever event shall first
occur.
11 . Consultant shall , during the entire term of this Contract, procure and keep in full force ,
effect, and good standing any and all necessary licenses , registrations , certificates ,
permits , and any and all other authorizations as are required by local , state , or federal
law, in order for Consultant to render its services as described in this Agreement .
Consultant shall also require all sub-consultants to comply with the provisions of this
section
VIII. RESPONSIBILITIES OF THE COUNTY
1 . COUNTY shall provide Consultant access to appropriate records , documents , and other
materials necessary to complete the project .
2 . The COUNTY Project Manager shall represent COUNTY in all technical matters
pertaining to the work and performance of this Contract, and his responsibilities shall
include :
A . Examination of all reports , surveys , and other documents presented by
Consultant and rendering, in writing, decisions pertaining thereto within a
reasonable time so as not to materially delay the work of Consultant. For
purposes of this contract, reasonable period of time will mean three (3 )
weeks from receipt of applicable material .
B . Transmission of instructions , receipt of information, interpretation and
definition of COUNTY policies and decisions with regard to the work
covered by this Contract .
C . Transmission of prompt written notice to the Consultant whenever the
COUNTY observes or otherwise becomes aware of any defects or changes
necessary in the project .
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APPENDIX A
SCOPE OF SERVICES
INDIAN RIVER COUNTY IMPACT FEE STUDY
PROPOSAL # 6054
INTRODUCTION :
Indian River County is located on Florida ' s south, central , east coast. With a current population
of approximately 125 , 000 , the County has an urbanized coastal area and a rural western area.
There are five incorporated municipalities in the County . These municipalities occupy less than
ten percent of the County ' s land area and accommodate less than thirty-five percent of the total
County population . Consistent with this trend, most of the County ' s growth is occurring in the
unincorporated area.
In the last two decades , the County ' s growth rate has been significant . During the 1980 ' s , the
County experienced a 51 % population increase . In the 1990 ' s , the population grew by 24
percent . Based on calendar year 2003 building permit activity, it appears that growth is now
occurring at the 1980 ' s rate .
To address the infrastructure costs associated with new growth, the County instituted a
countywide traffic impact fee program in 1986 . Also in the 1980 ' s , the County instituted water
and sewer connection charges within the County ' s water and sewer service area.
With all of the growth and development occurring in the County, the Board of County
Commissioners has initiated the process of instituting impact fees for eight service/facility
categories . These categories are :
Correctional Facilities
Solid Waste Facilities
• Public Education Facilities
Libraries
Fire/Emergency Services
Law Enforcement
Public Buildings
Parks
Some of these fees (corrections , solid waste , education, and libraries) will need to be imposed
countywide . One fee (fire/EMS ) will need to be imposed countywide except for the Town of
Indian River Shores (Indian River Shores is the only municipality that does not participate in the
County ' s Emergency Service District) . The other fees will be imposed only in the
unincorporated county .
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PURPOSE :
The purpose of this study is to create a legally defensible and economically supportable set of
impact fees to offset the growth related capital costs of new development for the following
facilities/services :
• corrections
• solid waste
• public education
• libraries
• fire/EMS
• law enforcement
• public buildings
• parks
SCOPE OF ACTIVITIES :
TASK 1 — DATA COLLECTION AND ANALYSIS
TASK 1 . 1 DATA INVENTORY
For all facility/service categories referenced above , CONSULTANT shall coordinate
with applicable departments and agencies to compile an inventory of all applicable
capital facilities . This shall include :
land
buildings
other capital facilities/equipment
This inventory shall group facilities by service area if applicable . For each capital facility,
CONSULTANT shall identify size , location, capacity, and other information .
TASK 1 .2 POPULATION/SERVICE UNIT ESTIMATION
For all facility/service categories referenced above , CONSULTANT shall estimate
current population or service units . Where appropriate , population and service units shall
be estimated by service area .
TASK 1 .3 EXISTING LEVEL OF SERVICE (LOS) IDENTIFICATION
Using the information gathered in Tasks 1 . 1 and 1 . 2 , CONSULTANT shall calculate the
existing LOS for each facility/service category . Where appropriate , CONSULTANT
shall calculate existing LOS by service area.
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TASK 1 . 4 ADOPTED LOS IDENTIFICATION
CONSULTANT shall review the Indian River County Comprehensive Plan, as well as
applicable master plans , functional plans , facility plans , and other documents , and
identify adopted levels of service for each facility/service category . Where no LOS has
been adopted, CONSULTANT shall note the lack of an adopted LOS .
TASK 1 . 5 POPULATION/SERVICE AREA PROJECTION
Using County projections and other applicable data, CONSULTANT shall project
population or service units for horizon year 2025 for all facility/service categories .
Where appropriate , projections shall be done for service areas .
TASK 1 . 6 COST/REVENUE IDENTIFICATION
CONSULTANT shall review the Indian River County Comprehensive Plan, functional
plans , project cost files , and other appropriate sources . Using information derived from
these documents , CONSULTANT shall , for each facility/service category, identify :
• Historic capital costs (total costs and unit costs)
• Programmed capital costs
• Planned capital costs
• Revenue sources for capital expenditures
• Revenue source amount projections by source
All cost projections shall be in constant 2004 dollars .
TASK 1 . 7 LEVEL OF SERVICE ANALYSIS
Using information derived from Tasks 1 . 1 through 1 . 4 , CONSULTANT shall , for each
facility/service category, compare the existing LOS to the adopted LOS .
CONSULTANT shall identify any existing LOS deficiencies . Based on information
derived from Task 1 . 6 , CONSULTANT shall estimate the cost of correcting existing
deficiencies .
TASK 1 . 8 FUTURE DEMAND ANALYSIS
For each facility/service category, CONSULTANT shall project future (2025 ) capital
facility demand . This projection shall be based on information derived from Tasks 1 . 4
and 1 . 5 .
TASK 1 .9 FUTURE CAPITAL COST PROJECTIONS
Using information derived from Tasks 1 . 6 and 1 . 8 , CONSULTANT shall , for each
facility/service category, project future (2025 ) capital costs . These cost projections shall
be based on constant 2004 dollars .
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TASK 1 . 10 DATA COLLECTION AND ANALYSIS REPORT
CONSULTANT shall prepare Technical Memorandum # 1 (TM1 ) , Data Collection and
Analysis Report . TM1 shall include all information, inventories , estimates , projections
and data analyses produced in Tasks 1 . 1 through 1 . 9 . TM1 shall also identify any
assumptions made and methodologies employed to complete the TM1 tasks .
CONSULTANT shall submit five copies of the draft TM1 . After COUNTY review of
draft TM1 , CONSULTANT shall make necessary revisions to the draft, prepare the final
report, and transmit ten copies of the final report to COUNTY .
TASK 2 - POLICY ANALYSIS
TASK 2 . 1 LEGAL REQUIREMENTS FOR IMPOSING IMPACT FEES
CONSULTANT shall prepare a brief summary of legal considerations in developing
impact fee programs . This summary shall address the minimum requirements for
establishing a legally defensible impact fee system and shall include , but not be limited
to , an explanation of: tax vs . fee ; fee payer beneficiary requirements ; benefit areas ; level
of service ; correction of deficiencies ; discounts ; consideration of other revenue sources ;
credits ; net present value ; and fee administration.
TASK 2 .2 ADOPTED LEVEL OF SERVICE REVIEW
Using information derived from Task 1 . 4 , CONSULTANT shall review the adopted LOS
for each facility/service category . This review shall involve a comparison of adopted
levels of service with adopted service levels in at least five Florida Counties proximate to
Indian River County ; an assessment of the appropriateness of the adopted LOS ' S ; and an
identification of alternative service levels , where appropriate .
TASK 2 .3 FUNDING SOURCE REVIEW
Using revenue source information collected in Task 1 . 6 , CONSULTANT shall assess the
probable effect on impact fee amounts for each facility/service category based on other
revenue sources currently programmed for capacity producing capital projects . These
revenue sources shall include , but not be limited to , non voted capital improvement
millage (levied by the school district) and one cent local option sales tax .
CONSULTANT shall analyze the probable effect on impact fee amounts by reducing
capital facility expenditures from alternative revenue sources . This analysis shall identify
alternative funding source scenarios and the probable effects associated with each
scenario .
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TASK 2 . 4 POLICY ANALYSIS REPORT AND PRESENTATION
CONSULTANT shall prepare Technical Memorandum #2 (TM2) , Policy Analysis
Report . TM2 shall include all information, comparisons , assessments , and analyses
produced in Tasks 2 . 1 through 2 . 3 . TM2 shall also identify assumptions made and
methodologies employed to complete TM2 tasks . CONSULTANT shall prepare TM2 in
a manner that is easy to read and understandable by the general public . Five copies of
TM2 shall be submitted to COUNTY for review. After COUNTY review of TM2 ,
CONSULTANT shall make necessary revisions to the draft, prepare the final report, and
transmit twenty copies of the final report to COUNTY.
CONSULTANT shall also attend one public meeting with elected officials/decision
makers to present the policy issues and alternatives identified in Task 2 . CONSULTANT
shall prepare all presentation material , including Power Point presentations , presentation
boards , and handouts , in a manner that is non-technical and understandable by the public .
TASK 2 . 5 POLICY REVISIONS
CONSULTANT shall document any policy changes that arise from the public meeting .
Such changes may include revisions to adopted levels of service , revisions to alternative
revenue sources programmed for capital facility construction/expansion, or others .
CONSULTANT shall revise TM2 , as appropriate , to reflect any such changes , and
transmit five copies of revised TM2 to COUNTY .
TASK 3 - METHODOLOGY DEVELOPMENT
TASK 3 . 1 FORMULA DEVELOPMENT
For each facility/service category, CONSULTANT shall develop an impact fee formula
in electronic spreadsheet format. The formula for each facility/service category shall be
consistent with generally accepted impact fee methodologies ; shall include the least
number of benefit areas as legally defensible ; shall reflect adopted levels of service ; shall
include credits , where appropriate ; and shall include a discount rate , where appropriate .
The formula spreadsheets shall be designed to allow staff to easily change values for
formula variables , update formula inputs , and add new land use categories .
CONSULTANT shall transmit draft formulas to COUNTY for review, and then revise
formulas if necessary.
TASK 3 .2 FEE SCHEDULE PREPARATION
Using the formulas developed in Task 3 , 1 , CONSULTANT shall prepare a fee schedule
for each facility/service category . The fee schedule shall use fee categories that are
consistent among facility/service categories , and consistent with the traffic impact fee
schedule , if possible .
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TASK 3 .3 IMPACT FEE FORMULA REPORT AND PRESENTATION
CONSULTANT shall prepare Technical Memorandum # 3 (TM3 ) , Impact Fee Formula
Report . TM3 shall include the impact fee formula from Task 3 . 1 for each facility/service
category and the corresponding fee schedules from Task 3 . 2 . TM3 shall also explain the
methodologies , assumptions , and technical documentation used in developing the impact
fee formulas . CONSULTANT shall submit five copies of TM3 . After COUNTY review
of TM3 , CONSULTANT shall make necessary revisions to the draft, prepare the final
report, and transmit ten copies of the final report to COUNTY.
CONSULTANT shall also attend one advisory group meeting and one public meeting
with elected officials/decision makers to present the draft impact fee formulas and fee
schedules developed in Task 3 . CONSULTANT shall prepare all presentation material ,
including Power Point presentations , presentation boards , and handouts , in a manner that
is non-technical and understandable by the public .
TASK 4 - IMPLEMENTATION AND ADMINISTRATION PROCESS
TASK 4. 1 INTERLOCAL AGREEMENT PREPARATION
CONSULTANT shall coordinate with COUNTY and with staff from the School Board
and municipalities in the County to develop an interlocal agreement for imposing and
administering the impact fees . The Agreement shall identify the responsibilities of each
party .
TASK 4.2 ADMINISTRATION REVIEW
CONSULTANT shall review current procedures for administering the existing traffic
impact fee program . This review shall involve assessing fee collection procedures ,
accounting procedures , refund procedures , expenditure procedures , as well as existing
forms , schedules , and applications . Based on this review, CONSULTANT shall identify
problems , inefficiencies , and improvement opportunities . Using this information,
CONSULTANT shall develop a set of recommended administration procedures for each
facility/service category impact fee . This procedures set shall include an administrative
manual , sample forms, and informational material in brochure and handout format .
CONSULTANT shall also estimate annual costs for administering each facility/service
category impact fee program .
TASK 4.3 UPDATE PROCESS DEVELOPMENT
CONSULTANT shall identify a process for updating each facility/service category fee
schedule in order to maintain an adequate level of fee recovery . The update process shall
identify the formula variables to be updated, the methodology to update the variables , and
the time interval for conducting updates .
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TASK 4.4 IMPLEMENTATION AND ADMINISTRATION PROCESS
DEVELOPMENT REPORT
CONSULTANT shall prepare Technical Memorandum #4 (TM4) , Implementation and
Administration Process Report. TM4 shall summarize the results derived from Tasks 4 . 1
through 4 . 3 . CONSULTANT shall submit five copies of TM4 . After COUNTY review
of TM4 , CONSULTANT shall make necessary revisions to the draft, prepare the final
report, and transmit ten copies of the final report to COUNTY.
TASK 5 - FINAL REPORT
TASK 5. 1 PUBLIC HEARINGS
CONSULTANT shall attend two public hearings for adoption of the impact fees . At the
hearings , CONSULTANT shall present the proposed impact fees and explain the
methodology employed to develop the fees . CONSULTANT shall prepare all
presentation material , including Power Point presentations , presentation boards , and
handouts .
TASK 5.2 DOCUMENT PREPARATION
CONSULTANT shall compile information from Technical Memorandums 1 - 4 , and
incorporate that information into a final report . The report shall include all relevant
information in the principal document, with other information/data incorporated in
technical appendices . CONSULTANT shall submit five copies of the draft report. After
COUNTY review, CONSULTANT shall make necessary revisions to the draft and
transmit thirty copies of the final report to COUNTY.
TASK 5 .3 ELECTRONIC DOCUMENT PREPARATION
CONSULTANT shall provide COUNTY all electronic documents developed throughout
the study . This shall include database files , electronic spreadsheets , Power Point
presentations , and others . All documents , graphics , charts , and supporting material
generated during the course of this project will be furnished to the COUNTY in IBM
compatible formats as identified below.
Technical Memoranda and Correspondence Microsoft Office 2000
Spreadsheets Microsoft Excel 6 . 0/7 . 0
Graphics As negotiated ( . dxf format preferred)
Maps/GIS ArcView 8 . 2
Final Reports Microsoft Office 2000
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TASK 6 — STUDY REQUIREMENTS AND PROVISIONS OF WORK
TASK 6 . 1 PROJECT SCHEDULE
The schedule for completion for the project will be four (4) months from the date of
issuance of the Notice to Proceed . Prior to COUNTY ' S issuance of a Notice to Proceed,
CONSULTANT shall prepare a schedule of calendar deadlines for deliverables .
TASK 6.2 MEETINGS AND PRESENTATIONS
The CONSULTANT shall attend a Notice to Proceed meeting with COUNTY
representatives where relevant project information along with procedures for
administering the contract shall be provided by COUNTY . Besides those meetings
identified in TASKS 1 - 5 , CONSULTANT shall attend a minimum of five other meetings
to be identified by COUNTY . The CONSULTANT shall be available , with no more than
a seven (7) business day notice , to attend meetings or make presentations at the request of
the COUNTY . Such meetings may be held at any hour between 9 : 00 a. m . and 11 : 00 p . m .
on any day of the week . The CONSULTANT may be called upon to provide maps , press
releases , advertisements , audiovisual displays and similar material for such meetings .
The CONSULTANT shall meet with the COUNTY ' S Project Manager as often as is
deemed necessary by the COUNTY. The CONSULTANT is expected to prepare graphic
displays , handouts , and any other appropriate presentation aids for all meetings , as
deemed necessary by the COUNTY .
TASK 6 .3 PROGRESS REPORTING AND INVOICING
The CONSULTANT shall on a monthly basis provide COUNTY with written progress
reports describing the work performed on each task . The CONSULTANT shall submit
one originally signed copy of an invoice package to the COUNTY ' s Project Manager.
Judgment on whether work of sufficient quality and quantity has been accomplished will
be made by the COUNTY ' S Project Manager using a comparison of reported percent
work completed against actual work accomplished .
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APPENDIX " B "
DRAFT PROJECT BUDGET
INDIAN RIVER COUNTY IMPACT FEE STUDY
Task # Task Name TOA FLC Nelson Total
Task 1 Data Collection Anal sis $24 , 717 $ 1 ,240 $ 3 , 850 $29 , 807
Task 2 Policy Analysis $22 ,279 $ 7,440 $ 39675 $33 , 394
Task Methodology Develo ment $ 199947 $ 1 ,240 $2 , 800 $23 ,987
Task Implementation & $25 , 985 $22 , 630 $ 15400 $ 50 ,015
Administrative Procedures
Task 5 Final Report $ 18 , 840 $ 0 $43200 $23 , 040
Task 6 Study Requirements & $ 129183 $ 310 $2 , 100 $ 14 , 593
Provisions of Work
Total Labor Costs $ 1235951 $ 32 , 860 $ 185025 $ 174 , 836
Total Project $4 , 110 $2 ,400 $23000 $ 8 , 510
Expense
Total Project $ 1285061 $35 ,260 $20 , 025 $ 183 , 346
Budget
Percent 70% 19% 11 % 100%
Distribution of
Budget
TOA : Tindale- Oliver & Associates , Inc .
FLC : Freilich, Leitner & Carlisle
Nelson : Chris Nelson
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APPENDIX " C"
PROJECT BUDGET SUMMARY BY IMPACT FEE PROGRAM AREA
INDIAN RIVER COUNTY IMPACT FEE STUDY
Task # Task Name Total Correctional Solid Waste Public Libraries Fire/ EMS Law Public Parks
Budget Education Enforcement Buildin s
Task 1 Data Collection $295807 $4,471 $4,471 $35279 $3 ,279 $3 ,279 $3 ,279 $4,471
$37279
& Analysis
Task 2
Policy Analysis $33 ,394 $ 55009 $5 , 009 $37673 $33673 $35673 $3 ,673 $52009 $3 , 673
Task 3 Methodology $23 ,987 $35598 $35598 $2,639 $2 ,639 $25639 $2,639 $3 ,598
$25639
Development
Task 4 Implementation $ 505015 $7, 502 $7, 502 $5 , 502 $5 , 502 $5 ,502 $5 ,502
& $ 7, 502 $5 , 502
Administrative
Procedures
Task 5 Final Report $23 ,040 $35456 $3 ,456 $25534 $2 ,534 $2 ,534 $2 , 534 $3 ,456
$23534
Task 6 Study $ 14593 $2 , 189 $2 , 189 $ 1 ,605 $ 15605 $ 1 ,605 $ 1 ,605 $25189 $ 1 , 605
Requirements
& Provisions of
Work
Total Labor $ 174, 836 $265225 $26,225 $ 19,232 $ 19,232 $ 19,232
Costs $ 19,232 $261225 $ 19,232
Total Project $ 8 , 510 $ 1 ,276 $ 1 ,276 $936 $936 $936 $936 $ 1 ,276
Expense $936
Total Project $ 183346 $275502
$27,502 $20, 168 $20, 168 $20 % $20,.168Bud et
$27, 502 $201
.168
110Percent 100% 15 . 0% 15 . 0% 11 . 0% 11 . 0%Distribution
15 . 0% 110%
of Budget
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INVOICE SUMMARY
TINDALE-OLIVER & ASSOCIATES , INC.
INDIAN RIVER COUNTY
For the Period from through , 2004
Invoice #
PROFESSIONAL SERVICES BILLING
Total Fee (Lump Sum) $ 183 , 346 . 00
Percentage of Work Completed to Date :
Subtotal :
Less Previous Billing :
Total for this Invoice :
Retainage ( 10 percent) :
TOTAL DUE THIS BILLING
We do hereby certify that this request for payment to the above named firm (s) or individual(s) is not in
violation of Section 216 . 262 (3 ) Florida Statutes , as amended, and not in violation of Attorney
General ' s Opinion No . 066- 8 , dated February 17, 1966 .
Authorized Signature Title Date
Tindale- Oliver and Associates , Inc .
IRC Project Manager Title Date
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Robert M . Keating, AICP
Community Development Department
184025 1h Street
Vero Beach, FL 32960 - 3365
Project : Indian River County
Professional Services : From 2004 through 2004
Total Fee : $ 1839346 . 00
Percent Complete :
Total Earned
Previous Billing
Current Fee Billing
Total Fee :
Total this Invoice :
Outstanding : As of , 2004
Total Now Due
Authorized By :
Tindale -Oliver and Associates , Inc .
FACommunity Development\Users\VICKIE\SASAN\impactfeestudycontract. doc
19
F
IX. ENTIRE CONTRACT
This Contract and its Attachments hereto embody the whole agreement of the parties , and there
are no provisions, terms , conditions , or obligations other than those contained herein . This
Contract shall supersede all previous communications , representations , or oral agreements
between the parties , and no amendment hereto shall be effective unless reduced to writing and
signed by the parties hereto .
X. EXECUTION OF THE CONTRACT
IN WITNESS OF THE FOREGOING, the parties have read this contract and attachments to it
and have affixed their signatures , effective on the date first appearing above.
Consultant : �y
By: / � �vC� Date :
Steve Tindale, President
Indian River County Board of County Commissioners :
Date : 03 - 16 - 2004
Caroline D . Ginn, Chai an
Attest : Approved as to Form and
Legal Sufficiency
tie
/1111
1111 Jeff Barton, Clerk of the Circuit ourt William G . Collins
County Attorney
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