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HomeMy WebLinkAbout2013-121 ao 13 TRUE COPY X11 • ,. A � CERTIFICAtION ON LAST PAGE O � t� 1NAI.S fia PES ►t_ (� AfisOry J , R . SMITH , CLERK INDIAN RIVER COUNTY IMPACT FEE UPDATE STUDY CONSULTANT CONTRACT By and Between INDIAN RIVER COUNTY And TINDAL&OLIVER AND ASSOCIATES, INC. THIS CONTRACT FOR THE INDIAN RIVER County IMPACT FEE UPDATE 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 2nd day of July, 2013 , I. Duration of the Contract This contract is valid from July 2nd 201.3 until the impact fee study is done unless canceled by either Consultant or County, after a 30 day written notice . Consultant shall commence work within seven (7) days after receiving the notice to proceed, unless notice to proceed indicates otherwise . II. Scone 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 $ 199 , 839 . 07 . 1 . County shall pay to Consultant a mutually agreed upon lump sum professional fee for each activity as shown on Appendix "B" 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 Local Government 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 . _ A TRUE COPY CERTIFICATION ON LAST PAGE r J . R . SMITH, CLERK 3 . The County Project Manager may, at any time and for any reason, direct Consultant to suspend services (in whole or in part) under this Agreement. Such direction shall be in riti wng, and shall specify the period during which services shall be stopped . 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 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 County shall be added to the time of performance. of this Agreements provided, however, that any stoppage of services not approved or used by the actions or inactions of County shall not give rise to any claim against County by Consultant. 4 . The County, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Accordingly, the County' s performance and obligation to pay under this Agreement is contingent upon any annual appropriation by the Indian River County Board of County Commissioners . IV. Insurance and Indemnification 1 . Consultant shall not commence work on this Agreement until it has obtained all insurance required under this paragraph and such insurance has been approved by County's representative . 2 . Consultant shall indemnify and hold harmless County, its officers and employees, from liabilities, damages , losses , and costs , including, but not limited to , reasonable attorneys ' fees , to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Consultant and other persons employed or utilized by Consultant in the performance of this Agreement . 3 . Consultant shall maintain during the term of this Agreement the following insurance : A. Business Automobile Liability Insurance covering all owned, non-owned and hired vehicles with minimum limits of liability of $ 1 , 000,000 per occurrence Combined Single Limit for bodily injury and property damage . Be Commercial General Liability Insurance for premises/operations, products/completed operations, contractual liability, and independent contractors with minimum limits of liability of $ 1 ,000 ,000 per occurrence Combined Single Limit for bodily injury and property damage . C . Worker's Compensation Insurance in compliance with Chapter 440 , Florida Statutes , as presently written or hereinafter amended. The policy must include Employers Liability with a limit of $ 100 ,000 for each accident, $ 500,000 for disease (policy limit), and $ 100,000 for disease (employee limit) . 4 . 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 . F:VCommuniw Derelopm %LP* 6\IP0'tNem'TIF•]0 I J'Jmpm Fn C.n adw 2 A TRUE COPY CERTIFICATION ON LAST PAGE J . R . SMITH , CLERK 5 . Consultant shall furnish certificates of insurance to County prior to the commencement of operations, which certificates shall clearly indicate that Consultant has obtained insurance in the type, amount, and classification as required for strict compliance with this section and that no material change or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the County . 6 . CQm 'liance with the foregoing requirements shall not relieve Consultant of its liability and Al gations under this section or under any other portion of this Agreement. V. Audit Rights County reserves the right to audit the records of 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 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 . • Independent Contractor It is specifically understood and acknowledged by the parties hereto that Consultant or employees or subcontractors of Consultant are in no way to be considered employees of County, but are independent contractors performing solely under the terms of the Agreement and not otherwise . • Assignment Consultant shall not assign this contract without the express written approval of County via executed amendment. • Miscellaneous 1 . The terms of this Agreement may be modified upon the mutual agreement of Consultant and County as confirmed in writing . 2 : It is mutually agreed between County and Consultant that this Agreement, including all attachments to it, constitutes an agreement, made in Florida, and that it shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. F'Cammmily D.vel.pmul:unU1POP.ymU.TIF301)dmp.n Ftt CaoUan.Arc 3 A TRUE COPY CERTIFICATION ON LAST PAGE J . R . SMITH, CLERK 3 . All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs . 4 . If any term or provision of this Agreement or the application thereof to any person or circumstance shall , to any extent, be held invaldIor unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. • 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 180127 th Street Vero Beach, FL 32960 Fax # : (772) 978A806 Phone # : (772) 226- 1254 • Termination 1 . This Agreement may be terminated : 1 ) by County, for any reason, upon thirty (30) days prior written notice to Consultant; or 2) by Consultant, for any reason, following thirty (30) days prior written notice to County ; or 3 ) by the mutual agreement of the parties ; or 4) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 2 . In the event of termination by County , County' s sole obligation to Consultant shall be payment for those portions of satisfactorily completed performed work previously authorized. Such payment shall be determined on the basis of the hours of work performed by Consultant, or the percentage of work complete as estimated by Consultant and agreed upon by County up to the time of termination. In the event of such termination, County may, without penalty or F..Coamu ity Dnviopme %Ul ,N(PO`PrgwwkTIF20110mP.m Fa Cmn 4 A TRUE COPY CERTIFICATION ON LAST PAGE J . R . SMITH, CLERK other obligation to Consultant, elect to employ other persons to perform the same or similar services . 3 . The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party . 4 . In the event that Consultant merges with another company, becomes a subsidiary or makes., . 4 any other substantial change in structure or in the following principals or project manager Steve Tindale, P .E. , County reserves the right to terminate this Agreement in accordance with its terms . 5 . In the event of termination of this Agreement, Consultant agrees to surrender any and all documents prepared by Consultant for County in connection with this Agreement, of which County shall have full ownership thereof. Consultant shall retain copies of such documents for record purposes . 6 . In the event that this Agreement is terminated by either party prior to Consultant's satisfactory completion of all work as described in the Scope, the project will be deemed abandoned, and no compensation will be paid by County to Consultant for tasks or portions thereof not yet satisfactorily completed. 7 . County may unilaterally cancel this Agreement for refusal by Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by Consultant in conjunction with this Agreement . 8 . County may terminate this Agreement in whole or in part if Consultant submits a false invoice to County. VII. CCNA Warranty and Truth-in-Negotiation Certificate 1 . Consultant warrants that he has not employed or retained any company or person other than a bona fide employee working solely for Consultant to solicit or secure this Agreement and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for Consultant any fee, commission, percentage fee , gifts or any other consideration, contingent upon or resulting from the award of making of this Agreement. For breach of violation of this warranty, County shall have the right to terminate this Agreement without liability . 2 . Execution of this Agreement by Consultant shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged Consultant's most favored customer for the same or substantially similar service . The wage rates and costs shall be adjusted to exclude any significant sums should County determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants, if any such outside consultants are used with the prior written F:G.mmmtiry D�+elapmnn`.Uw.Ol/Ohgee4TDV017•Impn Fn Capnada. 5 A TRUE COPY CERTIFICATION ON LAST PAGE J . R . SMITH , CLERK approval of County. County shall exercise its rights under this "Certificate " within one ( 1 ) year following final payment . County has the authority and right to audit Consultant's records under this provision. County does not hereby waive any other right it may have pursuant to Florida Statutes section 287 . 055 , as it may be from time-to4ime amended. VIII. 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. 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) 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 : Steve Tindale, 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. 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, 180127" Street, Vero Beach, FL 32960 * i:`CwnmuNO' Dar.lapnKm.Uurr.AlHThajsuRlF•lpl) 1m iFu Cionv.n.dm 6 A TRUE COPY CERTIFICATION ON LAST PAGE J . R . SMITH , CLERK 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 : 1 A. Maintain an adequate staff of qualified personnel . Be Ensure that plans meet all current federal, state and local laws, rules, or ordinances applicable to the work . C . 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 County, or upon a determination of Consultant of the existence of such errors or omissions , whichever event shall first occur. 1 . 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 IX. 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 four (4) weeks from receipt of applicable material . F:C. dpDerdopmnVV.a. \IPOh.j xI.TIF101)rnm tFee Cow"tdoe 7 r A TRUE COPY CERTIFICATION ON LAST PAGE J . R . SMITH , CLERK Be 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 Consultant whenever County observes or otherwise becomes aware of any defects or changes necessary in the project. X. Prohibited Interests No member, officer, or employee of County or of the member governments during his/her tenure or for two years thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. This requirement also applies to any subcontract entered into by Consultant concerning this project. XI. 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 . XII. Subcontracting Services ` assigned to sub-consultants must be approved in advance by County. The sub-consultants must be qualified by County to perform all work assigned to them. F:%C==niq De%e pn !UscmWPO`Penjeis TIF20I31tFee Cmw:aadc 8 A TRUE COPY CERTIFICATION ON LAST PAGE J , Re SMITH , CLERK 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 . ATTEST : INDIAN RIVER COUNTY , Ivt : J � lul, BY BY: y 4 NAME : A4A,.*Ps A/ Gvrte � 'FLPb _ EE iek Joseph Flescher, Chairman °sIf ' Q w a .A ATTEST : TINDALE-OLIVER AND ASSOCIATES ' INC. BY : BY : NAME : NAME : Steve Tindale, P .E . I'TS; '(title) Approved as to Form and Legal Sufficiency William K. DeBraal Deputy County Attorney p.'Community Dawlepmem`U.en'\IMPrujampflF2013'Impwy Fee Commadmor 9 A TRUE COPY CERTIFICATION ON LAST PAGE J . R . SMITH, CLERK Scope of Services TASK 1 : Background and Capital improvement plans and Methodology Review projects and associated funding Upon receipt of the Notice to Proceed , sources and levels . TOA will coordinate with the County 19 Level of service analysis . the collection of the specific studies, Review of land uses included in the data , previous technical reports, current fee schedule and potential current policies and procedures, and changes, if necessary. other related information necessary to complete the impact fee study. It is Economic development and growth requested that the County' s Project management goals and policies . Manager assemble as much of the Reduction in impact fees for non- requested data as possible and have it residential land uses . available prior to the kickoff Reduction in impact fees for land conference call meeting. uses that generate fewer vehicle TOA will review the background miles of travel, such as traditional information and facilitate a kickoff neighborhood development, mixed conference call with key County staff use development, and transit to identify and discuss major technical , oriented development . legal , and policy issues, coordinate • Other related issues, as applicable . staff/Consultant responsibilities, and refine the project schedule, as The County will provide to TOA with necessary . Some of the technical and copies of all relevant plans, studies, policy issues that will be discussed and documents needed to perform the include the following : project tasks . TOA will review the background material and summarize • Consumption= based vs . needs- data gaps and responsibilities resulting based methodologies, and TOA' s from the kickoff meeting. Affordable Growth methodology and approach . TASK 2 : Impact Fee Technical Analysis • Impact fee variables that need to be This task addresses the update of the updated . nine impact fee program areas, which will reflect the capital costs of • Recent trends in land and providing infrastructure in each construction costs experienced by program area in Indian River County . the County and other jurisdictions in This work effort includes the Florida . development of the inventory of Indian River County Impact Fee Update Appendix A 1 A TRUE COPY CERTIFICATION ON LAST PAGE J . R. SMITH, CLERK existing facilities, preparation of a include stations and other buildings, demand component, and a review of vehicles, and equipment . the construction, land , right-of-way, For public buildings inventory, vehicle, equipment, and other related government buildings and associated costs and credits , land will be evaluated . Subtask 2. 1 — Inventory of Existing Parks impact fee inventory will include and Planned Facilities , i ;park land and recreational facilities, The County will provide an inventory such as baseball/softball . fields, tennis of the nine infrastructure types within courts, playgrounds, etc. the county as well as planned facilities . A summary of capital asset inventory The Consultant will provide templates for each program area will be for County to use in providing the incorporated into the technical inventory data . In addition, if needed, memorandum . the County will be responsible with the preparation of maps that show the Subtask 2 . 2 — Demand Component location of capital facilities . TOA will calculate the demand In the case of transportation, the component for each impact fee County' s roadway inventor will be program area . In the case of Y Y � Y obtained and reviewed . transportation impact fee, demands measured in terms of vehicle mile ` of In the case of correctional facilities, the t travel ( VMT) for roadway- based fees . inventory will include jails/prisons and TOA has an extensive database that other support buildings, land , vehicles, includes trip characteristics studies for and equipment . over 40 land uses, which was used Solid waste facility inventory will during the previous transportation include landfills, customer care impact fee and mobility fee studies centers, trucks, and other equipment . throughout Florida, including Indian Public education facilities inventory River County. The demand component will include school buildings , will be developed based on available administrative and maintenance secondary data sources, such as the buildings, land , white and yellow fleet . latest ITE Trip Generation Handbook ( 9th Edition ), TOA' s trip characteristics Library inventory will include library database, 2012 FDOT General Level of buildings and land, books, and other Service tables, � and any alternative library material and equipment . studies that may have- been conducted In the case of fire/EMS and law in Indian River County. enforcement, the inventory will Parks and recreation and library Indian River County Impact Fee Update 2 r A TRUE COPY CERTIFICATION ON LAST PAGE impact fees are typically charged to fee studies for several counties, J * SMITH, CLERK residential land uses only, and demand including Collier, Orange, Osceola , is measured in terms of population per Hernando and Volusia Counties, which housing unit . This information will be resulted in a more accurate and ' obtained from 2000 and 2010 Census detailed demand component . There data . are several reasons a GIS- based In the case of correctional , law approach results in a better estimate enforcement, fire/ EMS, and public and better complies with the F . S . building facilities, TOA typically uses 163 . 31801 requirements of using the functional population per unit of land most current and localized data . The use, which is consistent with the following provides a summary of these County's current program . Functional reasons . population measures the benefit to each land use based on the presence Student enrollment figures of people at that land use throughout obtained from the Public Use the day . In other words, land uses are Microdata Sample ( PUMS ) data, charged for the availability of these which is used in conjunction with services based on full -time equivalent the Census data to estimate persons present at each land use student generation rates, tend to k . . throughout the day. vary from actual enrollment and needs to be adjusted . The G15- The demand component of solid waste based approach uses actual impact fees is based on solid waste enrollment and connects it to generation units for each land use . housing units/types. This information will be updated as data available . The 2000 Census provided data on In the case of public education the distribution of housing units facilities, the demand is measured in and students by housing type . The terms of student generation rate . 2010 Census does not provide data Most school impact fee studies use on the distribution of housing units Census data to estimate the student by type . As such , a Census- based generation rates . Over the past analysis still needs to at least several years, TOA has developed a partially be dependent on the 2000 Geographic Information Systems (GIS ) - Census, which may be outdated . based approach , which ties student addresses to parcel addresses from the Census land use categories are Property Appraiser' s database . TOA limited to single-family, multi- used this approach in school impact family, and mobile homes . Any IF Indian River County Impact Fee Update 3 A TRUE COPY CERTIFICATION ON LAST PAGE J . R . SMITH , CLERK additional analysis that may be documents to identify capital service desired (such as separating town facility system improvement costs that homes, condos, etc . , if needed ) is may be considered in the calculation of only possible with a GIS- based the cost component of the impact fee * �` approach . formula for the County. TOA will provide templates for any local cost The student generation rates will data information and the County staff reflect the averag& umber of public will be responsible for providing the school students by type of school cost information using these (elementary, middle, high ) per housing templates . This information will unit and will be calculated for each compared to and/or be supplemented type of dwelling unit ( single-family, with TOA's cost databases that multi-family, and mobile home ) . includes information from other Finally, as part of this task, land uses Florida jurisdictions . included in the County's Impact fee In the case of the traffic impact fee schedules will be reviewed and study, unit cost estimates will be discussed with the County to applied to those 2035 Cost Feasible determine if certain changes are Plan improvements, which have not necessary . been constructed in order to provide f th t d update oe total cpst„' This work effort will be documented in an accurate ; the technical memorandum . estimate of providing those improvements . Subtask 2 . 3 — Cost Component This work effort will be documented in The cost component for each impact the technical memorandum . fee program area will be calculated to reflect the current cost of adding Subtask 2 .4 — Credit Component capacity in Indian River County , Cost TOA will review historical and elements reviewed will include design projected capital improvement funding ,' ' and engineering inspection, sources and expenditures for land, construction, right-of-way, land construction , design and engineering purchase , vehicle/equipment inspection , and other related costs in purchase, and other related costs . Indian River County . Debt service for TOA will review the Capital any bond proceeds used for capacity Improvement Program , annual expansion projects will be reviewed budgets/ reports, recent bids , recently= and documented as appropriate . completed local projects ( past five These calculations will reflect any years) , recent land/ROW purchases or recent and/or anticipated changes in appraisals, and other relevant how the capital assets are funded , Indian River County Impact Fee Update 4 A TRUE COPY CERTIFICATION ON LAST PAGE J R . SMITH , CLERK such as the increasing role of Local Subtask 3 .2 — Technical Option Sales Tax revenues in funding Memorandum #1 highway projects since 2009 . This Results of the Tasks 1 through 3 information will be used to prepare * ` analysis will be summarized in the credit component of the impact Technical Memorandum # 1 (TM1 ) . fee formula . This work effort will be TM1 will include all information, documented in the technical estimates, assessment, analyses, and memorandum . methodologies used to complete these TASK 3 — Level of Service Analysis tasks . Upon receipt of comments from This task will address existing level of the County, the Consultant will revise service ( LOS ) as well as the adopted the TM1 and submit a final version . LOS standards . The Consultant will also attend one Subtask 3 . 1 — Adopted Level of public meeting with elected officials Service Standard Review and decision makers to present the level of service issues and alternatives Using the information obtained in Task identified in Task 3 . The Consultant 2, the Consultant will calculate the will prepare a user-friendly Power achieved LOS and compare this to the Point presentation and other relevant County' s adopted LOS standards material . � " ' a included in the Comprehensive Plan for all program areas with the TASK 4 — Methodology F exception of traffic and with special This task focuses on providing emphasis on fire/ EMS, correctional incentives for non - residential land facilities, and parks . TOA will also uses, updating the County' s review the available capacity offered administrative fee, and preparing by the existing capital assets and updated impact fee schedules , future needs identified by the County Subtask 4. 1 Development of staff. Based on programmed capital Alternatives for Lower Impact Fees for expansion projects in the CIP , an Non- Residential Land Uses adjusted LOS will also be calculated if applicable . This analysis will assist the One of the primary goals of this update County in determining the appropriate study is to include an analysis of ways LOS standards for each program area to lower impact fees for non - idential land uses, including those other than traffic . res fees that apply to both new businesses and expansions of existing businesses, while developing alternatives to Indian River County Impact Fee Update 5 _l A TRUE COPY CERTIFICATION ON LAST PAGE minimize or avoid increasing those based impact fee methodologies R . SMITH , CLERK fees on residential land uses . and generally reduces impact fees in As part of this optional Task, TOA will built- up areas , apply the "Affordable Growth " model Buy-down by Geographic Area and that provides flexibility in the levels of Geographic Goals — This approach impact fees by area or land use and will allow the County to place a assists the County in developing priority on areas that already offer incentives to encourage the desired public facilities and other types of future development geographic areas, as appropriate, to countywide or in targeted areas of the incentivize more efficient land use county . The Affordable Growth patterns as set forth in the County's calculation is based on the use of Comprehensive Plan. For example, available revenues from the existing the geographic area buy-down development that are already in place could be used to meet the individual and population growth rate . As such, goals of designated neighborhoods it eliminates the need to identify and/or centers . additional revenue sources to buy Buy-down of "Most Favored Uses" — down the impact fees as long as the This approach, developed by TOA, rate of growth is below a certain level . allows communities to establish „ �� More specifically, the "Affordable policies for reductions in impa. Growth Model ” includes three fees paid by targeted land uses due components . to the overall benefit and need for • Rate of Growth Analysis — The rate specific land uses countywide or in of growth concept allows impact targeted geographic areas of the fees to be sensitive to the growth county . A long-term benefit created rate of various areas within the by these policies also may include county or countywide . In the past, improved revenue generation by TOA has directly integrated the rate having a more diverse set of land of growth into the impact fee uses generating revenue, which equation and now is using this brings revenue stability in the concept in our current ongoing future , impact fee studies, such as those for Upon completion of the review of the City of Orlando, City of Oviedo, relevant elements of the County' s Pasco County and Hernando Comprehensive Plan , plans, other County . This approach reconciles related planning documents, and the relationship between economic and demographic variables, consumption - based and needs- TOA will hold a workshop with the Indian River County Impact Fee Update 6 A TRUE COPY CE ITIFICATION ON LAST PAGE County administration and staff to Subtask 4.3 — Fee Schedule J # F SMITH , CLE discuss the County's goals and Preparation objectives as well as review TOA' s Based on the selected alternative Affordable Growth approach to identified in Subtask 4 . 1, impact fee �. impact fees . Input received from this schedules will be updated . The discussion will be incorporated into schedules will incorporate data and TOA's model , and preliminary results analysis conducted and approved by will be discussed with the County in a "I he"County as part of the previous meeting to finalize the approach . The tasks . finalized approach will be incorporated into the technical analysis, impact fee Subtask 4.4 — Technical calculations, and fee schedules . Memorandum #2 Additionally, based on review and The Consultant will prepare Technical direction of policy and technical Memorandum #2 (TM2 ), which will considerations during this analysis, the contain the results of the affordable TOA Team will provide goal and growth analysis as well as all updated objective recommendations to the impact fee schedules and document County' s Comprehensive Plan and the process used to update the other suggestions to the development schedules . Upon receipt of the ; review processes, including expedited County' s comments, the Consultant` '`'' permit issuance for targeted land uses will revise the TM2 and submit t6 in targeted geographic areas . I final memorandum . Subtask 4. 2 — Administrative Review The Consultant will also attend one and Administration Fee Update advisory group meeting and one public meeting with elected of TOA will review the County' s current makers to present the draft impact fee procedures and estimate staff time formula and fee schedules developed associated with administering the in Task 4 . The Consultant will prepare existing impact fee program . F .S . 163 - auser-friendly presentation and 31801 requires that the administrative relevant presentation materials and charges be limited to actual costs . This handouts . task will estimate annual costs associated with the administration of TASK 5 — Final Technical Report the County' s impact fee program and As part of this task, the Consultant will prepare an updated impact fee complete the following subtasks : administration fee . Attend two public hearings for adoption of the revised fee schedules . At the hearings, the Indian River County Impact Fee Update 7 A TRUE COPY CERTIFICATION ON LAST PAGE . R . SMITH, CLERK Consultant will present the study the presentation material to each results and respond to questions . meeting . The Consultant will prepare all The Consultant will provide monthly necessary presentation material . written progress reports to the m • Information included in TM1 and County' s Project Manager, describing TM2 will be incorporated into the the work performed on each task, Final Technical Report . Upon along with one originally signed copy 4 receipt of the County' s comments, of an invoice package . the revised report will be PROJECT SCHEDULE submitted to the County. A preliminary schedule, consistent TASK 6 : Meetings and Presentations with the County' s desired time frame, is included in the table on the As part of this study, the following following page . With its dedicated meetings and presentations will be public Finance Group as well as other conducted . staff members experienced in public • A kickoff conference calls finance related analyses, TOA has the • One public meeting to present necessary resources to meet the Level of Service analysis findings; County' s required 9-month time frame and still provide a high -quality product . One advisory group meeting and Upon selection , if necessary, this "e one public meeting to present draft schedule can be modified to , better impact fee formulas and fee accommodate the County' s needs . schedules; PROJECT BUDGET • Two additional meetings to be used at the County' s discretion ; and The professional fees and expenses associated with the Scope of Services • Two public hearings . are estimated at $ 199, 839 . The table The meetings will be scheduled in a on page 10 provides a breakdown of manner that will allow the Consultant the project budget by task. to attend the meetings in four trips . This is a lump sum budget that For all presentations, TOA will prepare includes four trips by TOA, and one trip user-friendly, easy-to-follow material by the legal subconsultant . The in Power Point and provide draft County will be invoiced monthly for presentations to the County staff for the portion of the work completed . review prior to the each meeting / presentation . TOA will bring the necessary number of hard copies of f Indian River County Impact Fee Update 8 A TRUE COPY CERTIFICATION ON LAST PAGE J . R. SMITH , CLERK Indian River County Impact Fee Update Study Preliminary Schedule : pr - ell ME N ., 3r3 e Receipt of Signed Contract July 19, 2013 Submittal of the Data Needs Memo July 24, 2013 Kick- off Conference Call Week of August 12, 2013 Receipt of All Requested Data August 31, 2013 Tasks 1 thru 3 Analyses July - November, 2013 Submittal of Draft TM 1 November 20, 2013 Receipt of County's Comments on TM 1 December4, 2013 Public Meeting to Present TM 1 Week of December 16, 2013 Submittal of Final TM 1 December 19, 2013 Task 4 Analysis August - December, 2013,,. ;: Submittal of Draft TM 2 December 1 , 2013 Receipt of County's Comments on TM 2 January 2, 2014 Public Meeting to Present TM 2 Week. dJanuary 13, 2014 Advisory Committee Meeting on TM 2 Wee. of January 13, 2014 Submittal of Final TM 2 January 22, 2013 Submittal of the Draft Final Report March 4, 2014 Receipt of Comments from the County on the Final Report March 11, 2014 Submittal of the Final Report March 18, 2014 - Adoption Hearings ( 2) March - April 2014 r Indian River County Impact Fee Update 9 APPENDIX "B" DRAFT PROJECT BUDGET INDIAN RIVER County IMPACT FEE STUDY Task # Task Name Total Cost Task 1 Background Review $41055.37 Task 2 Technical Analysis (Including Facility Inventory, Demand $ 1232123.94 Estimation Cost Update, and Credit Determination) Task 3 Level of Service Analysis $7,842.24 Task 4 Methodology to Reduce Fees on Non-Residential Uses and Fee $389116.24 Schedule Preparation Task 5 Final Report $49404.44 Task 6 Meetings and Presentations $229296.24 Total $199,839.07 Project Budget •O°..gpllplppp 0.°° OMMI5 S/of"144 STATE OF FLORIDA INDIAN RIVER COUNTY THIS IS TO CERTI THAT THIS 1 A TRUE AND CO ECT PY THE ORIGINAL OFFICE • ��� R . 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