HomeMy WebLinkAbout2019-047INDIAN RIVER COUNTY IMPACT FEE
UPDATE STUDY CONSULTANT CONTRACT
By and Between
INDIAN RIVER COUNTY
And
TINDALE-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 26th day
of March, 2019.
I. Duration of the Contract
This contract is valid from March 26, 2019 until January 1, 2020 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. The
contract may be extended upon written approval by the County.
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 $149,529.00.
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.
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
writing, 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 Agreement;
provided, however, that any stoppage of services not approved or caused 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 $500,000 per occurrence Combined Single
Limit for bodily injury and property damage.
B. Commercial General Liability Insurance for premises/operations,
products/completed operations, contractual liability, and independent contractors with a
minimum combined single limit of $500,000 per occurrence.
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 (each employee).
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.
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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. Compliance with the foregoing requirements shall not relieve Consultant of its liability and
obligations 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.
3. All remedies provided in this Agreement shall be deemed cumulative and additional, and not
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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 invalid or 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:
County:
• Termination
Steve Tindale
Tindale -Oliver & Associates, Inc.
1000 North Ashley Drive
Suite 400
Tampa, FL 33602-3719
Stan Boling, AICP
Community Development Director
Indian River County
1801 27th Street
Vero Beach, FL 32960
Fax #: (772) 978-1806
Phone #: (772) 226-1253
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
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may, without penalty or 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
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.
9. County may terminate this Contract if Consultant is found to have submitted a false
certification as provided under section 287.135(5), Florida Statutes, been placed on the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations
in Cuba or Syria, as defined by section 287.135, Florida Statutes.
10. County may terminate this Contract if Consultant, including all wholly owned subsidiaries,
majority-owned subsidiaries, and parent companies that exist for the purpose of making
profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or
is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes.
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 person, company, corporation, individual or firm
other than a bonafide employee working solely for Consultant any fee, commission,
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percentage, gift or other compensation, contingent upon or resulting from the award or
making of this Agreement..
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 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 -to -
time 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 400, 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.
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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: Stan Boling Address: Indian River County, 1801 27th
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:
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.
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.
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.
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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.
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 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
proj ect.
XI. Public Entity Crime Affidavit
As provided by Florida Statute 287.133(2)(a), a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or a public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided in Florida
Statute 287.017 for Category Two for a period of 36 months from the date of being placed on the
convicted vendor list. Any person must notify the County within 30 days after a conviction of a
public entity crime applicable to that person or to an affiliate of that person. By its execution
hereof, CONSULTANT certifies that neither it nor an affiliate is on the convicted vendor list.
XII. 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
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must be qualified by County to perform all work assigned to them.
XIII. Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The
Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant
shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County
with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Consultant does
not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records
in possession of the Consultant or keep and maintain public records required by the County
to perform the service. If the Consultant transfers all public records to the County upon
completion of the contract, the Consultant shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
Consultant keeps and maintains public records upon completion of the contract, the
Consultant shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the County, upon request from the Custodian of
Public Records, in a format that is compatible with the information technology systems of
the County.
B. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT 'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
(772) 226-1424
publicrecords(&,,ircgov.com
Indian River County Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
C. Failure of the Consultant to comply with these requirements shall be a material breach of
this Agreement.
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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:
Steven A. Tindale, President
Printed Name and Title
Date March 19, 2019
Witness:
By
lb. I. _O 0 Ail
Angel P. Acey, Contracts Mger
Printed Name and Title
Date March 19, 2019
\ssi ... Rs•,
INDIAN RIVER COUNTY • " '� "'•,
By its Board of County Commissioi3ys
By . �1e-PQei
Bob Solari, Chairman :'•.
••••.
Date Approved by BCC: 03-26-2019
Attest: Jeffrey R. Smith, Clerk of Court
And Comptroller
By
Deputy Clerk
Apprd:
Jason ' . Brawn
Coun , A• inistrator
Approved as to form and legal
sufficiency:
William K. DeBraal
Deputy County Attorney
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APPENDIX A
Consultant Contract
Indian River County Impact Fee Update - 2019
TabK&L
Project Approach & Project Schedule
This section of the proposal provides a brief
background review, followed-up with project
approach.
BACKGROUND REVIEW/
UNDERSTANDING
Located on south central Florida's eastern coast,
Indian River County has a current population of
150,000. As shown in Figure 1 below, the County
experienced an average annual growth rate of
2.5% between 2000 and 2008. Similar to many
other communities, this growth rate decreased to
0.4% per year during the economic downturn
between 2009 and 2015. Since then, the
population growth rate reached 1.9% per year,
reflecting the recent recovery. Most of this growth
is occurring in unincorporated county while the
five municipalities, located mostly in the coastal
3.50%
3.00%
2.50%
2.00%
150%
1.00%
050%
0.00%
areas of the county, accommodate almost 35% of
the population within 10% of the land area.
Similar to population growth trends, taxable value
per capita in Indian River County increased at an
average rate of 13% per year between 2000 and
2006. Between 2007 and 2013, the tax base per
capita declined. Over the past five years, the tax
base started to increase again. These fluctuations
in property tax revenues, shown in Figure 2 on the
next page, along with population growth make it
important for local governments to use alternative
revenue sources for government services.
To address the infrastructure costs associated
with new growth, Indian River County instituted a
countywide traffic impact fee program in 1986.
Due to the level of growth, the Board of County
Commissioners (BCC) in 2005, approved impact
Figure 1: Annual Population Growth Rate (2000-2018: 3 -yr Running Avg)
Indian River County
.Florida
}
N
0
0
0
0
N
O
N
Source: BEBR, Volume 51, Bulletin 180, January2018
CO
O
O
ry
O
0
0
N
0
C11
0
N
N
0
6-1
0
INDIAN RIVER COUNTY 1 Impact Fee Update
N
CO
1,1N
Tindale0OIiver
K & L -1 www.tindaleoliver.com
Tab K & L: Project Approach & Project Schedule
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
-5.0%
-10.0%
-15.0%
e > 061- X03 ood Oph e ODA e oyti e e 9'4' e e 01 e e19 X10 9.y1 �yL �y3 59?
1- `e>196).
- 1- 1- ti ti 15°3196 1, 1- ti 1- ti ti 1, 1• ti 1, ti ti ti ti 1• 1, 1,
Source: Florida Property Valuations and Tax Databook
Figure 2: Taxable Value per Capita Growth Rate
awmilndian River County
Florida
fees for eight additional service/facility
categories. Subsequently, as part of the 2014
update, the BCC suspended three of these
(correctional facilities, solid waste, and libraries).
At this time, to comply with the Impact Fee
Ordinance requirements and to reflect most
recent data, the County is interested in updating
the fees that are currently in place, including:
> Traffic
> Public Education Facilities
> Fire/Emergency Services
> Law Enforcement
> Public Buildings
> Parks
In addition, the study will include the update of
the Affordable Growth Model based on a review of
population growth trends and projections, and
available revenue to buy down the fees.
PROJECT APPROACH
This scope of services to prepare an impact fee
update study is organized into six major tasks that
outline the analysis related to initial background
review/data collection, technical analysis to
update the fee for the six program areas,
administrative fee update, update of the
transportation impact fee benefit districts, update
of the Affordable Growth Model, a technical report
and meetings/presentations. The work plan for
each of the six major tasks is presented in the
remainder of this section.
SCOPE OF SERVICES
TASK 1: Data Collection and Analysis (Addresses
Portions of Task 1 of the RFP Scope)
Upon receipt of the Notice to Proceed, Tindale
Oliver will coordinate with the County the
collection of the specific studies, data, previous
current policies and procedures, and other
related information necessary to complete the
study. Some of the data items that will be
collected include:
> Updated capital asset inventories for each
service areas. Tindale Oliver will provide the
2014 files obtained during the previous study
for the County staff to update. In the case of
school impact fee, the inventory will be
updated based on the most recent FISH
report. Public education administrative,
maintenance and fleet inventories will be
based on those included in the 2014 study.
INDIAN RIVER COUNTY 1 Impact Fee Update
Tindale) Oliver
K & L - 2 www.tindaleoliver.com
Tab K & L: Project Approach & Project Schedule
> Indian River County MPO 2040 Cost Feasible
Plan.
> Actual costs of construction and right-of-way
acquisitions for roadway projects completed
over the past five year as well as on-going
projects.
> Recent construction project costs, recent
bids, and land purchases/appraisals for each
service area.
> Non -impact fee funding sources and levels
used for each infrastructure included in the
study.
Tindale Oliver will facilitate a kickoff meeting with
key County staff to review the data needs and
data items received, identify and discuss major
technical, legal, and policy issues; coordinate
staff/Tindale Oliver responsibilities; and refine the
project schedule as necessary. Some of the
technical and policy issues that will be discussed
include the following:
> Role of impact fees in funding infrastructure
in Indian River County and level of flexibility
needed to meet the County's goals.
> Affordable Growth methodology and changes
in the County's growth levels.
> Alternative funding available for each service
area.
> Establishment of needs in terms of future
projects.
> Realignment of benefit districts.
> Any administrative or implementation related
issues/concerns.
TASK 2: Impact Fee Technical Analysis
(Addresses Portions of Task 1 of the RFP Scope)
This task addresses the update of the six impact
fee program areas, which will reflect the capital
costs of providing infrastructure in each program
area in Indian River County. This work effort
includes the update of the inventory of existing
facilities; preparation of a demand component; a
review of the construction, land, right-of-way,
vehicle, equipment, and other related costs; and
credits.
Subtask 2.1- Inventory of Existing and Planned
Facilities
As mentioned previously, the County will provide
an updated inventory of the six infrastructure
types within the County, as well as planned
facilities.
The roadway inventory includes all non -local
classified roadways in the county.
The fire/EMS and law enforcement facility
inventories include stations and other buildings,
vehicles, and equipment.
The public buildings inventory includes general
government buildings and other support facilities.
The parks inventory includes park land and
recreational facilities, such as baseball/softball
fields, tennis courts, playgrounds, etc.
The public education facilities inventory will be
obtained from the FISH report and includes
school buildings, administrative and maintenance
buildings, land, and white and yellow fleets.
A summary of capital asset inventory for each
program area will be incorporated into the
technical report.
Subtask 2.2 - Level of Service Analysis
Tindale Oliver will document the County's
current, achieved level of service (LOS) and its
adopted LOS in the Comprehensive Plan, as
available. This will determine the appropriate LOS
that can be used in the impact fee calculations. In
addition, a comparison of County's achieved LOS
and adopted LOS standard to those in other
Florida counties will also be provided.
Subtask 2.3 - Demand Component
Tindale Oliver will calculate the demand
component for each impact fee program area.
In the case of transportation, demand is
measured in terms of vehicle miles of travel
(VMT). Tindale Oliver has an extensive database
that includes trip characteristics studies for over
40 land uses. The demand component will be
updated based on secondary data sources, such
as the latest ITE Trip Generation Handbook,
Tindale Oliver's trip characteristics database, and
any alternative studies that may have been
conducted in Indian River County.
Parks and recreation impact fees typically are
charged to residential land uses only, and
demand is measured in terms of population per
housing unit. This information will be obtained
from the American Community Survey.
Consistent with the current adopted
methodology, functional population will be used
for law enforcement, fire/EMS, and public
buildings impact fees. Functional population
INDIAN RIVER COUNTY I Impact Fee Update
Tindaler iOliver
K & L - 3 www.tindaleoliver.com
Tab K & L: Project Approach & Project Schedule
measures the benefit to each land use based on
the presence of people at that land use
throughout the day. In other words, land uses are
charged for the availability of these services
based on full-time equivalent persons present at
each land use throughout the day.
For public education facilities, demand is
measured in terms of student generation rate.
Tindale Oliver has developed a Geographic
Information Systems (GIS) -based approach that
ties student addresses to parcel addresses from
the Property Appraiser's database. We used this
approach in school impact fee studies for several
counties, including Indian River County, which
resulted in a more accurate and detailed demand
component. The student generation rates will
reflect the average number of public school
students by type of school (elementary, middle,
high) per housing unit and will be calculated for
each type of dwelling unit (single-family, multi-
family, mobile home, etc.).
Finally, as part of this task, land uses included in
the County's impact fee schedules will be
reviewed and discussed with the County to
determine if certain changes are necessary.
This work effort will be documented in the
technical report.
Subtask 2.5 - Cost Component
The cost component for each impact fee program
area will be calculated to reflect the current cost
of adding capacity in Indian River County. Cost
elements reviewed will include design and
engineering inspection, construction, right-of-
way, bridge construction costs, roadway safety
improvements, land purchase, vehicle/equipment
purchase, and other related costs. Tindale Oliver
will review the Capital Improvement Programs,
Long Range Transportation Plan, the Capital
Improvement Element of the Comprehensive
Plan, the Indian River County School District
Capital Improvement Plan and Master Plan,
annual budgets/reports, recent bids, recently -
completed local projects (past five years), recent
land/ROW purchases or appraisals, and other
relevant documents to identify capital service
facility system improvement costs that may be
considered in the calculation of the cost
component of the impact fee formula for the
County. This information will compared to and/
or supplemented with Tindale Oliver's cost
databases that include information from other
Florida jurisdictions. -
In the case of school impact fees, local cost
estimates will be compared to the construction
costs established by the Department of Education
(DOE) to comply with the 2016 legislation
requiring school districts to limit their spending
on new construction to estimates prepared by
DOE. Based on discussions with the School
District and County staff input, the appropriate
cost level will be used in the final calculations.
This work effort will be documented in the
technical report.
Subtask 2.6 - Credit Component
Tindale Oliver will review historical and projected
capital improvement funding sources and
expenditures for land, construction, design and
engineering inspection and other related costs in
Indian River County. These may include the
recently extended local option sales tax, fuel tax,
ad valorem tax, grants, and other non -impact fee
funding. Debt service for any bond proceeds used
for capacity expansion projects will be reviewed
and documented as appropriate. These
calculations will reflect any recent and/or
anticipated changes in how the capital assets are
funded. This information will be used to prepare
the credit component of the impact fee formula.
This work effort will be documented in the
technical report.
Subtask 2.7 - Transportation Impact Fee Benefit
Districts (Addresses Task 4 of the RFP scope)
Tindale Oliver will review existing three impact
fee benefit districts and make recommendations
regarding any boundary changes and/or
reduction in the number of districts. The analysis
will be based on a review of physical or man-
made barriers, municipal boundaries, travel
patterns in the county, revenue generation in
each benefit district and other similar criteria. If
desired by the County, as part of this analysis,
Tindale Oliver will identify any regional roads that
may be eligible for funding from all districts.
TASK3: Update of Affordable Growth Model
(Addresses Task 2 of the RFP scope)
As part of the 2014 update study, Tindale Oliver
developed an affordable growth model for Indian
River County. This model evaluates the available
INDIAN RIVER COUNTY I Impact Fee Update
TindaleA ,Oliver
K & L - 4 www.tindaleoliver.com
Tab K & L: Project Approach & Project Schedule
funding sources and levels for capacity projects
compared to projected growth levels and adjusts
fees accordingly. This approach recognizes the
new development's impact is moderated in more
urbanized areas with a larger population and tax
base and available infrastructure compared to
more suburban/rural areas with high growth rate
and limited tax base and infrastructure.
Based on the analysis outlined in Task 2 as well as
projected population growth levels, this task will
update the affordable growth model to assist the
County in developing incentives to encourage the
desired types of future development. Results of
this task will be incorporated in the draft
technical report.
Task 4: Updated Fee Schedules and Technical
Report
Subtask 4.1- Updated Fee Schedules (Addresses
Task 3.2 of the RFP Scope)
Based on the analysis conducted in Tasks 1
through 3, an updated fee schedule will be
developed for each service area. The fee
schedules will reflect the preferred policy and
other alternatives selected by the County, as
appropriate.
Subtask 4.2 - Administrative Review and Fee
Update (Addresses Task 3.1 of the RFP Scope)
Tindale Oliver will review the current procedures
and other relevant information available from the
County to estimate staff time associated with
administering the existing impact fee program.
Based on this information, the annual costs for
administering the impact fee program will be
estimated and an update of the administrative
fees will be prepared. This update will comply
with the state requirement of administrative costs
not exceeding actual cost of administering the
program.
Tindale Oliver will also review administration
policies an procedures and make
recommendations for improvements, if
necessary.
Subtask 4.3 -Technical Report (Addresses Task 5.2
of the RFP Scope)
Results of Tasks 1 through 4.2 will be summarized
in a draft technical report. The technical report
will include all information, estimates,
projections, and data analysis as well as any
assumptions made and methodologies employed
to complete these tasks. Upon receipt of
comments from the County, Tindale Oliver will
make the necessary revisions to the draft report
and prepare the final report, which will
incorporate input from the County and other
community groups and agencies as appropriate.
TASK 5: Meetings and Presentations (Addresses
Task 5.1 of the RFP Scope)
As part of this study, the following meetings and
presentations will be conducted:
> Kickoff conference call meeting.
> One conference call meeting with the County
staff to review draft report findings and
prepare for public meetings.
> Three in-person meetings/workshops/public
hearings for review and adoption of the
impact fees. During these days, Tindale
Oliver will also be available to meet with
County staff separately.
For all presentations, Tindale Oliver will prepare
user-friendly, easy -to -follow materials in
PowerPoint and provide drafts to County staff for
review prior to the each meeting/presentation. In
addition to these formal meetings, Tindale Oliver
will be in close contact with the County's Project
Manager to ensure that the County is aware of the
study's progress.
TASK 6: Impact Fee Update Requirements and
Provisions of Work (Addresses Task 6 of the RFP
Scope)
Tindale Oliver will complete the study in nine
months from the issuance of the Notice to
Proceed, provided that the County provides the
necessary data and schedules public meetings in
a timely manner. A preliminary schedule is
provided on the next page, which can be adjusted
to better meet the County's needs.
Tindale Oliver will submit written progress reports
on a monthly basis describing the work
performed on each task. In addition, on a
monthly basis, we will submit one originally
signed copy of an invoice package to the County's
Project Manager.
INDIAN RIVER COUNTY I Impact Fee Update
Tindale> Oliver
K & L - 5 www.tindaleoliver.com
Tab K & L: Project Approach & Project Schedule
Indian River County Comprehensive Impact Fee Update
Tindale Oliver Proposed Project Timeline
Task Description 1
Receipt of Notice to Proceed
Date
April 1, 2019
Submittal of the Data Needs Memo
April 4, 2019
Kick-off Conference Call
Week of April 8, 2019
Receipt of All Requested Data
April 10, 2019
Tasks 1 thru 4 Analyses
April - December, 2019
Submittal of Draft Technical Report
September 30, 2019
Draft Report Review Conference Call
Week of October 7, 2019
Submittal of Final Report
October 31, 2019
Public Meetings
October/November, 2019
Public Hearing
November/December, 2019
QUALITY ASSURANCE/QUALITY CONTROL
The Tindale Oliver Team has a reputation for
completing projects on time while meeting or
exceeding the clients' expectation of quality. This is
accomplished through the development of detailed
tasks, time management practices, project staff
meetings with assigned personnel, and regular
communication with the client project manager.
To ensure that the study stays on schedule, the
Tindale Oliver Team conducts weekly internal
project meetings to communicate on the progress
Project Criteria
Assumptions
Project Protocols
Detailed Review
Data Input/Output
Editorial Review
Technical Review
of this project to ensure that we continue to meet
the project schedule.
In terms of communicating with the County staff, in
addition to the periodic meetings outlined under
the Scope of Services, the Tindale Oliver Team will
be in contact with the County staff on a regular
basis through phone conferences regarding any
questions about the data, progress of the study,
and other related issues. In the past, Tindale Oliver
has been consistently successful in keeping its
clients informed of their study's progress.
Project Plan
Project Approach
Schedule
Timelines
Budgets
Project Team
COMMITMENT TO
QUALITY
QUALITY
CONTROL
2 QUALITY
ASSURANCE
3 SCHEDULE
ADHERENCE
Control/Assurance
a COST
7 CONTROL
INDIAN RIVER COUNTY 1 Impact Fee Update
Tindale) iOiiver
K & L - 6 www.tindaleoliver.com
APPENDIX B
Consultant Contract
Indian River County Impact Fee Update - 2019
COST PROPOSAL
As shown on the Proposal Pricing table below, the
professional fees and expenses associated with
the Indian River County Impact Fee Update are
estimated at $149,529 for the update of
transportation, fire/emergency services, law
enforcement, public buildings, parks, and public
education facilities impact fees, which includes
two conference calls and three in-person
meetings.
Tab M
Cost Proposal
This is a lump sum budget which includes all
services and necessary travel, and the County will
be invoiced monthly for the portion of the work
completed.
A detailed breakdown of the budget is included on
the following page. Tindale Oliver will be happy to
respond to any questions from County staff to
clarify our proposed cost and/or provide
additional information as necessary.
Indian River County Impact Fee Update
Tindale Oliver Proposal Pricing Table
Task 1
Data Collection and Analysis
$98,549
Task 2
Methodology -- Update Affordable Growth Model
$11,637
Task 3
Update Fee Schedule
$12,995
Task4
Transportation Impact Fee Benefit District
$5,525
Task 5
Final Report
$6,232
Task 6
Meetings & Presentations
$14,591
Total
$149,529
INDIAN RIVER COUNTY I Impact Fee Update
TindalerOiiver
M -1 www.tindaleoliver.com
Tab M: Cost Proposal
Indian River County Impact Fee Update
Tindale Oliver Proposed Project Budget
SUB
TASK
_ _4_ SUBTASKDESCRIP_T_ION __ __ _ _
; Project Project
, Director Manager
$200.00 $160.0j$135.00
a
Senior Planner/ ,Sr Planning/ Admin/ TTOTAL BURDENED
Eng/Pin Engineer GIS Tech Clerical ; TASK COST/
� _$80._00 $75,_00 _ $T2.00 HOURS TASK.
. TASK 1
DA A COLLECT 01 A_I NDRE
3.0 6.0
4.0
1.0 0.0 1.0
- 15.0 2,252
1.1
Send Data Request Memorand um
1.0 2.0
1.0
1.0
5.0
$727
1.2
Review Background Materials & Data Received
2.0 4:0
3.0
1.0
10.0
` $1,525
TASK2, IMPACT, FEE TECHNICAL ANALYSIS 61.0 153.0 323.01 216.0 51.01 6.01 810.01 $101,822
2.A
UPDATE TRAFFICIMPACT FEE
24.0
59.0
124.0
62.0
11.0
2.0
281.0
$36,837
2.A1
Inventory/LOS
3.0
10.0
18.0
14.0
1.0
46.0
$5,822
2.A2
Cost Component
7.0
15.0
• 32.0
18.0
4.0
76.0
$9,860
2.A3
Credit Component
4.0
12.0
34.0
18.0
3.0
71.0
$8,975
2.A4
Demand Component
4.0
14.0
25.0
3.0
46.0
$1655
2.A5:
Benefit District Analysis
6.0
8.0
15.0
9.0
4.0
42.0
$5,525
2.B
UPDATE EDUCATIONAL FACILITIES IMPACT FEE
13.0
39.0
85.0
47.0
29.0
1.0
214.0
$26,322
2.61
Inventory _
3.0
5.0
8.0
7.0
1.0
_1.0
25.0
$1187
2.62
Cost Component
4.0
12.0
22.0
15.0
3.0
56.0
$7,115
2.B3
Credit Component
3:0
14.0
23.0
14.0
54.0
$7,065
2.64
Demand Component
3.0
8.0
32.0
11.0
25.0
79.0
$8,955
2.0
UPDATE PARKS IMPACT FEE
8.0
25.0
37.0
39.0
3.0
1.0
113.0
$14,012
2.C1
Inventory/LOS
2.0
6.0
11.0
8.0
1.0
28.0
$3,557
2.C2
Cost Component
2.0
10.0
14.0
18.0
3.0
47.0
$5,555
2.C3 '
Credit Component '"
2.0
6.0
7.0
9.0
-
24.0
$3,025
2.C4
Demand Component
2.0
3.0
5.0
4.0
14.0
$1,875
2.D
UPDATE PUBLIC BUILDINGS IMPACT FEE
6.0
13.0
25.0
23.0
2.0
1.0
70.0
$8,717
2.D1
Inventory/LOS
2.0
4.0
5.0
6.0
1.0
18.0
$2267
2.D2
Cost Component
1.0
5.0
6.0
5.0
2.0
19.0
$2,360
2.D3
Credit Component
2.0
2:0
8.0
5.0
17.0
$2,200
2.D4
Demand Component
1.0
2.0
6.0
7.0
16.0
$1,890
2.E
UPDATE LAW ENFORCEMENT IMPACT FEE
5.0
8.0
25.0
22.0
3.0
1.0
64.0
$7,712
2.E1
Inventory/LOS
1.0
2.0
5.0
6.0
1.0
1:0
16.0
$1,822
2.E2
Cost Component
1.0
2.0
6.0
5.0
2.0
16.0
$1,880
2.E3
Credit Component
1.0
2.0
8.0
4.0
15.0
$1,920
2.E4
Demand Component
2.0
2.0
6.0
7.0
17.0
$2,090
2.F
UPDATE FIRE/EMS FACILITY IMPACT FEE
5.0
9.0
27.0
23.0
3.0
1.0
68.0
$6,222
2.F1
Inventory/LOS
1.0
3.0
7.0
6.0
1.0
1.0
19.0
$2,252
2.F2
Cost Component
2.0
2.0
6.0
6.0
2.0
18.0
$2,160
2.F3
Credit Component
1.0
2.0
8.0
4.0
_ 15:0
$1,920
2.F4
Demand Component
1.0
2.0
6.0
7.0
16.0
$1,890
TASK3 UPDATE OF AFFORDABLE GROWTH MODEL 10.0 18.0 31.01 20.0 12.01 1.01 92.0 $11,637
3.1 Affordable Growth Analysis 10.0 18.0 31.01 20.0 12.01 1.01 92.0 $11,637
TASK4
FEE SCHEDULES& TECHNICAL REPORT
16.0
34.0
55.0
33.0
6.0
1.0
145.0
$19,227
4.1
Fee Schedule Preparation
6.0
12.0
22.0
18.0
58.0
$7,530
4.2
Administrative Cost Calculations
4.0
12.0
15.0
9.0
40.0
$5,465
4.3.• ,
Prepare Draft and Final Reports
6.0
10.0
18.0
6.0
6.0
. 1.0
47.0
$6,232
TASK 6, 'MEETINGS AND PRESENTATIONS 31.0 39:0 9.01 9.0 0:01 3:01 91.0 $14,591
6:1
Kick-off Meeting (Conf Call)
3.0
3.0
1:0
7.0
$1,152
6.2
One Conference Call to Present Draft Impact Fee
Study Results
4.0
6.0
3.0
3.0
1.0
17.0
$2,477
6.3
Three Additional Meetings
24.0
30.0
6.0
6.0
1.0
67.0
$10,962
TOTAL PROJECT BUDGET 121.0 ' 250.0 422.01 279.0 .69:01 12.01 1,153 $149,529
INDIAN RIVER COUNTY I Impact Fee Update
Tindale) iOliver
www.tindaleoliver.com