HomeMy WebLinkAbout2005-378 r
STANDARD AGREEMENT BETWEEN CLIENT AND
KIMLEY-HORN AND ASSOCIATES, INC . FOR PROFESSIONAL SERVICES 1 `
THIS AGREEMENT is made this 15thday of November 200 5, by and between Indian River County School
District ("School District") and Indian River County ("County") both referred to herein as the Client ("the Client") , and
KIMLEY-HORN AND ASSOCIATES , INC . , ("the Consultant") .
NAME OF PROJECT : Indian River County Public School Facilities Element (PSFE) , School Concurrency
Guidelines and Procedures, and School Interlocal Agreement — RFP Number 2006035 ( " the Project") .
The Client and the Consultant agree as follows :
( 1 ) Scope of Services and Additional Services . The Consultant ' s undertaking to perform professional services
extends only to the services specifically described in Exhibit A, which is attached and made a part of this Agreement ("the
Services") . However, if requested by the Client and agreed to by the Consultant, the Consultant will perform additional
services ("Additional Services") , and such Additional Services shall be governed by these provisions . Unless otherwise
agreed to in writing, the Client shall pay the Consultant for the performance of any Additional Services an amount based
upon the Consultant ' s then-current hourly rates plus an amount to cover certain direct expenses including
in-house
duplicating, local mileage, telephone calls, postage, and word processing . Other direct expenses will be billed at 1 . 15 rimes
cost. Technical use of computers for design, analysis, GIS , and graphics, etc . , will be billed at $ 25 . 00 per hour.
Current
hourly rates are included in Exhibit B .
(a) Designate in writing a person from the KHA to act as the Consultant ' s representative with respect to this
Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the
Client's policies and decisions with respect to the Consultant's services for the Project. For this project, the Consultant
' s
representative shall be :
1 . KHA Project Manager: David L. DeYoung, Senior Planner, 4431 Embarcadero Drive , West Palm
Beach, FL 33407 , ( 561 ) 840-0291 (phone) (561 ) 882 -0199 (fax) david. deyoung@kimley-horn. com
(email) .
(2) Client's Responsibilities . In addition to other responsibilities described herein or imposed by law, the
Client shall :
(a) Designate in writing a person from the County and the School District to act as the Client's
representative with respect to this Agreement. Such person shall have complete authority to transmit instructions ,
receive information, interpret and define the Client's policies and decisions with respect to the Consultant' s services
for the Project. . For this project, the Client representatives shall be :
1 . County Project Manager: Robert Keating, Director of Community Development, 1840 25th Street,
Vero Beach, FL 32960, (772) 226- 1254 (phone) (772 ) 978- 1806 (fax) bkeating_iNrcgov. com (email) .
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2 . School District Project Manager: Dr. Dan McIntyre, Assistant Superintendent for Operations , Indian
River County School District, 1990 25th Street, Vero Beach, FL 32960, (772) 564-3041 (phone)
(772) 564-3051 (fax) Dan.McInt eegindian-river.kl2 . fl .us (e-mail) .
(b) Provide all criteria and information as to the Client's requirements, objectives and expectations for the
Project, including performance requirements, budgetary limitations, and copies of all standards which the Client will require
to be used or included in the Project deliverables .
(c) Assist the Consultant by placing at its disposal all available information pertinent to the Project including
previous reports and any other data relative to studies , design, or construction or operation of the Project.
(d) Furnish to the Consultant, as required for performance of the Consultant's Services (except to the extent
provided otherwise in Exhibit A) , data prepared by or services of others all of which Consultant may use and rely upon in
performing services under this Agreement.
(e) Arrange for access to and make all provisions for the Consultant to enter upon public and private property
as required for the Consultant to perform services under this Agreement.
(f) Examine all studies, reports, sketches , drawings , specifications, proposals and other documents presented
by the Consultant, obtain advice of an attorney, insurance counselor and other consultants as the Client deems appropriate
for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay
the
services of the Consultant. The Consultant shall have no liability to the Client for delays resulting from Client's failure to
review documents promptly.
(g) Give prompt written notice to the Consultant whenever the Client observes or otherwise becomes aware of
any development that affects the scope or timing of Consultant's services , or any defect or nonconformance in any aspect of
the Project.
(h) Bear all costs incident to the responsibilities of the Client.
(3 ) Period of Services . This Agreement has been made in anticipation of conditions permitting orderly
and continuous progress of the Project through completion of the Services . The Consultant shall begin work timely after
receipt of a fully executed copy of this Agreement and will complete the Services described in Exhibit A in accordance with
the specified time frames within that exhibit. The times for performance shall be extended as necessary for periods of delay
or suspension resulting from circumstances the Consultant does not control. If such delay or suspension extends for more
than six months (cumulatively) for reasons beyond the Consultant's control, the rates of compensation provided for in this
Agreement shall be renegotiated.
(4) Compensation for Services .
(a) The Consultant's compensation shall be a lump sum in the amount of one hundred ninety thousand dollars
($ 1905000 . 00) .
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(b) The Client shall also be invoiced for and shall pay to the Consultant all taxes, if any, whether state, local,
or federal levied with respect to amounts paid hereunder.
(5) Method of Payment.
(a) Invoices will be submitted by the Consultant to the County and the School District monthly for services
performed and expenses incurred. Client is also responsible for payment of any taxes, including sales tax. When the
Consultant's compensation is on a lump sum fee basis , the invoices will be based upon the portion of total
Services
performed at the time of billing . Payment of each such invoice will be in accordance with the Florida Prompt Payment Act.
(b) If the Client objects to any charge on an invoice submitted by the Consultant, the Client shall so advise the
Consultant in writing giving its reasons within 14 days of receipt of the invoice or all such objections shall be waived, and
the amount stated in the invoice shall be conclusively deemed due and owing.
(c) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The
Consultant may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words
intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of
any
disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client.
(6) Use of Documents . All reports , specifications, ordinances , and other work products, hereinafter referred
to as "deliverables" developed by the Consultant will become the property of the County and School District and shall be
made available at any time upon request to the County and/or School District. Deliverables are not intended or represented
to be suitable for use , partial use or reuse by the Client or others on extensions of this project or on any other project.
Any
modifications made by the Client to any of the Consultant' s documents, or any use , partial use or reuse of the documents
without written authorization or adaptation by the Consultant will be at the Client' s sole risk and without liability to
the
Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and
expenses, including but not limited to attorneys' fees , resulting therefrom.
(7) Termination. The obligation to provide further services under this Agreement may be terminated by
either party upon seven days' 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, or upon thirty days ' written notice for the convenience of the
terminating party. If any material change occurs in the ownership of the Client, the Consultant shall have the right
to
immediately terminate this Agreement. In the event of any termination, the Consultant will be paid for all
services
performed to the effective date of termination, all expenses subject to reimbursement, and other reasonable expenses
incurred by the Consultant as a result of such termination. If the Consultant's compensation is determined on an hourly
basis, the amount payable to the Consultant shall be based on the time spent and expenses incurred on the Project to the
effective date of termination. If the Consultant's compensation is a lump sum, the amount payable to the Consultant will be
a proportional amount of the total fee based on a ratio of the services done, as reasonably determined by the Consultant, to
the total services which were to have been performed.
rev 7/05 3
( 8) Insurance . Prior to the time Consultant is entitled to commence any part of the project, work, or services
under this contract, Consultant shall procure, pay for, and maintain at least the following insurance coverage ' s and limits .
Said insurance shall be evidenced by delivery to the County and School District of 1 ) certificates of insurance executed by
the insurers listing coverage ' s and limits, expiration dates and terms of policies and all endorsements whether
or not
required by the County and/or School District, and listing all carriers issuing said policies ; and 2) upon request, a certified
copy of each policy, including all endorsements . The insurance must be underwritten through a company licensed to do
business in the State of Florida and have a Best ' s Rating of at least A VII . The insurance requirements shall remain in effect
throughout the term of this contract.
(a) Workers' Compensation in at least the limits as required by law; Employers' Liability Insurance of not less
than $ 100,000 . 00 for each accident, $ 500, 000 . 00 disease policy limit, and $ 100 ,000 . 00 disease each employee .
(b) Commercial General Liability Insurance including, but not limited to , Independent Contractor/Consultant,
Contractual, Premises/Operations, Products/Completed Operation and Personal Injury covering the liability assumed under
indemnification provisions of this contract, with limits of liability for personal injury and/or bodily injury, including death,
of not less than $ 500,000 . 00, each occurrence, combined single limit. Coverage shall be on an " occurrence " basis .
(c) Commercial Automobile and Truck liability covering owned, hired, and nonowned vehicles with a
combined single limit of not less than $ 500 ,000 . 00, each occurrence . Coverage shall be on an " occurrence " basis,
such
insurance to include coverage for loading and unloading hazards .
(d) Professional Liability Insurance (including Errors and Omissions) with minimum limits of $ 500, 000 . 00 per
occurrence, if occurrence form is available ; or claims made from with " tail coverage " extending three (3 ) years beyond
completion and acceptance of the project with proof of " tail coverage " to be submitted with the invoice for final payment. In
lieu of "tail coverage " , Consultant may submit annually to the Client a current Certificate of Insurance proving claims made
insurance remains in force throughout the same three (3 ) year period.
(e) Each insurance policy shall include the following conditions by endorsement to the policy:
1 . Each policy shall require that thirty (30) days prior to expiration, cancellation, nonrenewal, or any
material change in coverage or limits, a notice thereof shall be given to County by certified mail to :
Indian River County, Purchasing Division, 1840 25 `" Street, Suite N- 118 , Vero Beach, FL 32960-
3365 . Consultant shall also notify County and School District, in a like manner, within twenty-four
(24) hours after receipt, of any notices of expiration, cancellation, nonrenewal, or material change in
coverage received by said consultant from its insurer; and nothing contained herein shall absolve
consultant of this requirement to provide notice .
2 . Companies issuing the insurance policy, or policies, shall have no recourse against the County and/or
School District for payment of premiums or assessments for any deductibles which all are at the sole
responsibility and risk of consultant.
3 . The term " County" or " Indian River County" shall include all Authorities, Boards ,
Bureaus,
Commissions , Divisions, Departments, and Offices of County and individual members , employees
thereof in their official capacities , and/or while acting on behalf of Indian River County.
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4 . The term " School District" or " School District of Indian River County" shall include all Authorities ,
Boards, Bureaus , Commissions , Divisions , Departments , and Offices of the School District and
individual members, employees thereof in their official capacities, and/or while acting on behalf of the
School District of Indian River County .
5 . Indian River County Board of County Commissioners and the School District of Indian River County
shall be endorsed to the General Liability and Auto Liability policies as an additional insured.
6 . The policy clause " Other Insurance " shall not apply to any insurance coverage currently held by
County and/or School District, to any such future coverage , or to County's and/or School District ' s
self-insured retention of whatever nature .
(f) County and School District hereby waive subrogation rights for loss or damage against the County and/or
School district.
(9) Standard of Care . In performing its professional services, the Consultant will use that degree of care and
skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or
similar locality at the time the services are provided. No warranty, express or implied, is made or intended
by the
Consultant's undertaking herein or its performance of services, and it is agreed that the Consultant is not a fiduciary of the
Client.
( 10) Limitation of Liability. Pursuant to Florida Statutes , FS . 725 . 08( 1 ) , the consultant shall indemnify, and
hold harmless the Board, and all of its officers, agents or employees from all suits, actions, claims, demands , liability of
any nature whatsoever to the extent arising out of, because of, or due to a negligent act, error or omission or commission of
the Consultant, its officers , agents, or employees . Neither the consultant, nor any of its officers , agents or employees will
be liable under this section for damages arising out of injury or damage to persons or property to the extent caused
or
resulting from the sole negligence of the Board or any of its officers, agents or employees . This article will survive the
termination of this Agreement.
( 11 ) Certifications . The Consultant shall not be required to execute any certifications or other documents that
might increase the Consultant ' s risk or affect the availability or cost of its insurance .
( 12) Dispute Resolution. All claims by the Client arising out of this Agreement shall be submitted first to
mediation, using a state certified mediator as a condition precedent to litigation. The laws of the State of Florida shall
govern this agreement. 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.
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( 13 ) Assignment and Subcontracting . Nothing under this Agreement shall be construed to give any rights or
benefits in this Agreement to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken
pursuant to this Agreement will be for the sole and exclusive benefit of the Client and the Consultant and not for the benefit
of any other party. The Client shall not assign, sublet or transfer any rights under or interest in this Agreement, or any claim
arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant
reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules ,
or
market conditions . If the Consultant exercises this right, the Consultant will maintain the agreed-upon billing rates for
services identified in the contract, regardless of whether the services are proved by in-house employees , contract employees,
or independent subconsultants .
( 14) Confidentiality. The Client consents to the Consultant ' s use and dissemination of photographs of the
Project and to its use of facts, data and information obtained by the Consultant in the performance of its services
. If,
however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant
shall use reasonable care to maintain the confidentiality of that material .
( 15 ) Miscellaneous Provisions . This Agreement is to be governed by the law of the State of Florida. This
Agreement contains the entire and fully integrated agreement between the parties, and supersedes all
prior and
contemporaneous negotiations , representations, agreements or understandings, whether written or oral. Except as provided
in Section 1 , this Agreement can be supplemented or amended only by a written document executed by both parties
.
Provided, however, that any conflicting or additional terms on any purchase order issued by the Client shall be void and are
hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable in any jurisdiction shall,
as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions or
affecting the enforceability of the provision in any other jurisdiction. The non-enforcement of any provision by either party
shall not constitute a waiver of that provision or affect the enforceability of that provision or the remainder
of this
Agreement.
CLIENT : INDIAN RIVER COUNTY KIMLEY-HORN AND ASSOCIATES , INC .
BY : BY : 7
Thomas S . Lowther
ITS : Chair an ITS :
ATTEST . — ATTEST :
BCC Approved : November 15 , 2005
(IF CORPORATION, AFFIX CORPORATE SEAL)
APPROVED AS TO FORM
AND L AL SUFFIC N Y
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BY WILLIAM K . DEBRAAL
ASSISTANT COUNTY ATTORNEY
CLIENT : INDIAN RIVER COUNTY SCHOOL DISTRICT
r
BY : .D
WILLIAM D . HUGHES
ITS : CHAIRMAN
ATTEST : n
G
(IF CORPORATION, AFFIX CORPORATE SEAL)
F :\Community Development\Users\LONG RANGE\CompPlan\Public Schools\Consultant Contract\Revised from Consultant\County
Revisions\Agreement IRC-SD-KHA. doc
rev 7/05 7
EXHIBIT A
SCOPE OF SERVICES
FOR PREPARING THE INDIAN RIVER COUNTY
PUBLIC SCHOOL FACILITIES ELEMENT (PSFE), PREPARING SCHOOL
CONCURRENCY GUIDELINES AND PROCEDURES , AND AMENDING THE
SCHOOL INTERLOCAL AGREEMENT
PROJECT UNDERSTANDING
As part of the Florida Legislature ' s 2005 growth management law ( SB 360) , all local
governments in the state must adopt school concurrency provisions as part of their
comprehensive plans by 2008 . To meet the school concurrency requirements , local governments
must adopt a public school facilities element, amend their capital improvements element, amend
their intergovernmental coordination element, and enter into an interlocal agreement with the
applicable school board .
To assist local governments and school boards in complying with the new school concurrency
requirements, the state Department of Community Affairs (DCA) has selected Indian River
County as one of six school concurrency pilot communities . Since Indian River County is a pilot
community, DCA will provide the County Commission and the School Board with funding to
prepare the applicable school concurrency documents , provided the documents are prepared in
accordance with a Pilot Communities Scope of Work . That scope of work requires completion
of the project by June 1 , 2006 , with several interim items required for submission to DCA.
SCOPE OF SERVICES
Based on the information outlined in the project understanding, Kimley Horn and Associates ,
Inc . (KHA) has divided our approach into several tasks .
Task I. Interlocal Agreement (ILA) Modifications
KHA shall review the existing Indian River County ILA for public school planning, review SB
360, identify those provisions that need to be revised, and identify new provisions that must be
added to meet school concurrency requirements . KHA will coordinate with staff from the
SCHOOL BOARD and the COUNTY to amend the existing ILA. The ILA shall identify the
responsibilities of each party and new procedures for school concurrency.
To complete this task, KHA will :
■ Review the existing ILA
■ Attend an organizational and consensus building meeting — Kickoff
■ Attend School Board meeting scheduled for December 13 , 2005
■ Coordinate with parties of the agreement to identify necessary changes to ILA
■ Provide an electronic copy of the revised ILA to the COUNTY for copying and
distribution to the SCHOOL BOARD and municipalities
■ Incorporate necessary revisions into the draft ILA
1
■ Provide an electronic copy of the draft ILA to the COUNTY
■ Transmit Draft ILA to DCA by January 1 , 2006
Task II: Final Draft ILA
Based upon comments received from DCA on the draft ILA, KHA shall prepare Technical
Memorandum # 1 (TM # 1 ) . TM # 1 shall consist of KHA's review of the current ILA, the
proposed draft ILA submitted to DCA for approval, comments received from DCA on the draft
ILA, responses to DCA ' s comments , and prepare a final draft ILA . To complete this task, KHA
will :
■ Prepare TM # 1
■ Attend staff level meeting to review TM # 1
■ Modify TM # 1 based on staff comments
■ Provide an electronic copy of draft TM # 1 to the County for copying and distribution
to the SCHOOL BOARD and municipalities
■ Prepare final draft of the ILA
■ Attend joint meeting (defined below) with parties to review final draft ILA
■ Incorporate necessary revisions to the ILA
■ Provide an electronic copy of final TM # 1 to COUNTY
■ Transmit final draft ILA to DCA by March 1 , 2006
KHA anticipates that "joint meetings" will involve a steering committee which has been formed
to make decisions at the joint meetings on behalf of the School District the County and its
municipalities .
Task III: Data Collection and Analysis
KHA shall coordinate with the SCHOOL DISTRICT and the COUNTY, and the COUNTY will
coordinate with its municipalities (the City of Fellsmere, City of Sebastian , City of Vero Beach,
and the Town of Indian River Shores) , hereinafter referred to as "municipalities" to collect all
pertinent data for the project. KHA will collect and analyze the following data:
Data to be provided by School District:
■ Student population by school for the last 10 years
■ Current inventory of student stations (capacity) by school (2005 ) , differentiate
between student stations in permanent and portable classrooms
■ Current inventory of student stations by school attendance zone
■ 5 year school district facilities work program
■ Current school facility demand
■ Programmed capital costs for schools, including planned increases in student work
stations by year (portable and permanent) and cost per student station
■ Planned capital costs for schools through 2020
■ Estimated revenue by source for capital expenditures for schools
■ Educational plant survey
■ Existing educational and ancillary plant map or map series
2
Data to be provided by County/ Municipalities :
■ Population data for the county and each municipality for the last 10 years
■ Approved residential development projects (number of units, location, and land area,
and percent complete and # of vacant lots remaining)
■ Current and anticipated financial resources for school expansion
■ Building permit data by jurisdiction for the last 5 years
■ Development anticipated within the next 5 years and beyond
■ County and City capital improvement projects for parks , libraries , community
centers , and other applicable public facilities
■ Current Public School Level of Service
■ Existing Countywide Public Schools Level of Service, Existing Public Schools Level
of Service by School and Existing Level of Service based on class size amendments .
■ County Impact Fee Report (school impact fees)
Sub- Task III a: Identification of New Residential Development
Using the data outlined above, KHA shall identify the location of approved new
developments and identify potential new development based on COUNTY and city future
land use maps . To complete this sub -task, KHA will :
■ Map the location of approved and potential new residential developments
■ Provide a table outlining the identified developments, their anticipated density and
potential student population
An electronic copy of the maps and tables produced to complete this sub -task will be
provided to the COUNTY for use by the COUNTY and the SCHOOL DISTRICT by
January 30, 2006.
Sub- Task III b: Projections
Using the data outlined above and based on current and anticipated trends , KHA shall
prepare a report which includes the following projections :
■ Population in five year increments until 2020 for the COUNTY, school attendance
zones , and school planning areas
■ Building permits for next 5 years for the COUNTY, school attendance zones, and
school planning areas
■ Overall student population from 2005 through 2020
■ Student population by school type and school attendance zone (Elementary, Middle,
High) from 2005 through 2020
■ Student population by school planning areas in five year increments , ending with
horizon year 2020
■ Parks and recreation, library, and community center needs for co -location with
schools
■ Costs and revenues for each five years until 2015 (deficiencies in revenue for schools
shall be noted) .
An electronic copy of the projections report will be provided to the COUNTY for review by the
COUNTY and the SCHOOL DISTRICT by January 11 , 2006 .
3
Task IV: Establish Concurrency Service Areas (CSAs)
KHA shall review state requirements for establishment of concurrency service areas, review
existing school concurrency programs within the state, and review appropriate local data. KHA
shall attend a meeting with staff from the COUNTY and SCHOOL DISTRICT to present
methods for selecting school concurrency service areas , identify alternative school concurrency
areas for the COUNTY, and recommend specific school concurrency service areas for Indian
River County. To complete this task, KHA will :
■ Provide a CSA summary report of the requirements for establishing CSAs and a
recommendation for Indian River County
■ Provide potential and recommended CSA maps
■ Attend one joint meeting to review summary report and CSA recommendation
■ Attend one School Board meeting and one County Commission meeting to present
CSA summary report
An electronic copy of the CSA summary report and CSA maps for a meeting to review proposed
and recommended CSAs will be provided to the COUNTY for the joint meeting to be scheduled
for January 20, 2006.
Task V. Identify Existing and Programmed School Facilities
KHA shall identify current and programmed educational facilities and ancillary plants , noting
land area utilized, number of existing student stations (portable and permanent) , and number of
programmed student stations (portable and permanent) through 2020 . To complete this task,
KHA will :
■ Map the location of existing and programmed educational facilities
■ Provide a table indicating the school location (CSA) , land area of the facility, existing
student stations and programmed student stations .
An electronic copy of the maps and tables produced to complete this task will be provided to the
COUNTY for use by the COUNTY and the SCHOOL DISTRICT by January 31 , 2006 .
Task VI: Identify Co-location Opportunities
KHA shall review planned capital improvement projects as well as goals and objectives for each
municipality, the COUNTY , and the SCHOOL DISTRICT and identify opportunities to
share/collocate public facilities with schools . Public facilities considered for co-location with
public schools shall include parks, libraries , community centers, and other applicable facilities .
To complete this task, KEA will :
■ Map the location of public facilities with co-location opportunities
An electronic copy of the maps produced to complete this task will be provided to the COUNTY
for use by January 31 , 2006 .
4
Task VII: Data Collection and Analysis Report
KHA shall prepare Technical Memorandum #2 (TM #2) , Data Collection and Analysis Report .
TM #2 shall include the information, inventories , estimates, projections, data analyses produced
in Tasks III through VI. TM #2 shall also identify any assumptions made and methodologies
employed to complete the TM #2 tasks . To complete this task, KHA will :
■ Prepare TM #2
■ Provide an electronic copy of draft TM #2 to COUNTY for copying and distribution
to the SCHOOL BOARD and municipalities
■ Attend one joint meeting to review TM #2
■ Prepare final TM #2 incorporating revisions
■ Provide an electronic copy of final TM #2 to COUNTY
■ Transmit final TM #2 to DCA by March 1 , 2006
Task VIII: Public School Facility Element (PSFE) Development
The Completed Data and Analysis report from Task VII shall serve as a foundation for the Public
Schools Facility Element. KHA shall modify the Data and Analysis report based on DCA
comments/requirements and shall reformat the report as necessary to serve as the front portion of
the PSFE .
An electronic copy of the Data and Analysis section of the PSFE will be provided to the
COUNTY within 30 working days of receipt of comments/requirements from DCA .
Task IX: Analysis of School Level of Service (LOS) and School Concurrency Requirements
and Procedures
KHA shall review the COUNTY ' s existing concurrency requirements and procedures and state
law, and shall identify alternative school concurrency procedures and level of service standards .
To complete this task KHA will :
■ Prepare a School LOS report which :
o Identifies and evaluates alternative levels of service . This shall include a
review of current Public School level of service standards established
within the County Impact Fee Report .
o Identifies and evaluates alternative methods to calculate school capacity
and demand
■ Portables vs . permanent structures
■ Existing vs . funded facilities
o Identifies and evaluates alternative school concurrency mitigation methods
o Identifies and evaluates alternative proportional share methodologies
o Identifies and evaluates implementation procedures for the other six
concurrency facilities and identifies alternatives for concurrency vesting
and payment of impact fees .
o Identifies options for coordination between the SCHOOL DISTRICT,
COUNTY, and municipalities
o Identifies software, staff, timing issues, and additional needs
5
■ Provide an electronic copy of School LOS report to the COUNTY for copying and
distribution to the SCHOOL BOARD and municipalities
■ Attend one joint meeting to review School LOS report to be scheduled for February
10, 2006 .
■ Incorporate modifications and recommend LOS standards by school type and
procedures for school concurrency.
Task X. Needs Assessment (Based on Recommended LOS)
KHA shall identify capital improvement needs to maintain recommended level of service
standards . Deficiencies and surpluses in student stations shall be identified. In addition, KHA
shall review fiscal implications of adopting the recommended public schools level of service
standard(s) . To complete this task KHA will :
■ Prepare a Needs Assessment Report identifying deficiencies and surpluses in student
stations and identifying fiscal implications of the recommended public schools level
of service standard(s) .
■ Attend one School Board and one County Commission meeting to present the Needs
Assessment Report
An electronic copy of the Needs Assessment Report shall be provided to the COUNTY, for use
by the COUNTY, SCHOOL DISTRICT and municipalities by February 19, 2005.
Task XI. Revision of School Capital Improvements Program (CIP)
Utilizing the information obtained from Task X, KHA shall identify any necessary changes to
the school capital improvements program to maintain the adopted LOS . KHA shall identify
specific sources of funding to be allocated for new capital facility projects and note any
deficiencies in funding. To complete this task KHA will :
■ Prepare a School CIP Recommendations Report identifying new schools (general
location) and expansions to existing schools, and tables and text indicating required
new schools , student stations and anticipated costs .
An electronic copy of the School CIP Recommendations Report shall be submitted to the
COUNTY, for use by the COUNTY , SCHOOL DISTRICT and municipalities by February 22 ,
2006 ,
Task XII: Draft Goals, Objectives and Policies for the PSFE
Using the information gained from completed tasks, KHA shall develop draft goals , objectives ,
and policies for the PSFE . To complete this task, the following items shall be taken into
consideration while drafting the goals objectives and policies :
■ An annual update process
■ School site selection
■ School permitting
6
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improvement programs . This shall include appropriate text, graphics , maps , and tables for
school level of service standards . To complete this task, KHA will :
■ Prepare draft CIE
■ Provide an electronic copy of draft CIE to COUNTY for distribution to municipalities
■ Attend one joint meeting to review draft CIE
■ Modify draft CIE incorporating revisions
■ Provide an electronic copy of draft CIE to COUNTY for distribution to municipalities
■ Transmit draft CIE to DCA by April 15, 2006
Task XV: Intergovernmental Coordination Element (ICE) Revisions
KHA shall review current COUNTY and municipal Intergovernmental Coordination Elements
(ICE) and recommend applicable changes . These changes shall address additional coordination
activities necessitated by school concurrency. Where necessary, KHA shall revise each ICE to
reflect changes in data and analysis sections as well as changes to goals, objectives , and policies .
To complete this task, KHA will :
■ Prepare draft ICE as required
■ Provide an electronic copy of draft ICE to COUNTY for distribution to municipalities
■ Attend one joint meeting to review draft ICE
■ Modify draft ICE incorporating revisions
■ Provide an electronic copy of draft ICE to COUNTY for distribution to municipalities
■ Transmit draft ICE to DCA by April 15, 2006
Task XVI: Capital Improvement Element (CIE) and Intergovernmental Coordination
Element (ICE) Report
KHA shall prepare Technical Memorandum #4 (TM #4), Capital Improvements Elements and
Intergovernmental Coordination Elements Report . TM #4 shall include recommendations for
revisions to the Capital Improvements Elements and Intergovernmental Coordination Elements
of the COUNTY and Municipal Comprehensive Plans . The basis for revisions shall be reviewed
within the report . To complete this Task, KHA will :
■ Prepare draft TM #4
■ Provide an electronic copy of draft TM #4 to COUNTY for distribution to
municipalities
■ Attend joint meeting to review TM #4
■ Modify TM #4 incorporating revisions
■ Provide an electronic copy of draft TM #4 to COUNTY for distribution to
municipalities
■ Transmit final draft TM #4 to DCA by June 1 , 2006
■ Attend County Commission meeting to present the CIE and ICE report
Task XVII: Final Report / Comprehensive Plan Elements
KHA shall revise the draft CIE ' s , ICE ' S, and PSFE per DCA comments and attend two (2) public
hearings (to be scheduled in July) for adoption of the comprehensive plan amendments and
adoption of the ILA. At the hearings , KHA shall present the proposed concurrency management
8
system and comprehensive plan amendments . KHA shall prepare all presentation material,
including Power Point presentations , presentation boards, and handouts .
KHA shall compile information from Technical Memorandums 1 - 4, and incorporate that
information into a final report which will include an adopted Interlocal Agreement, an adopted
Public School Facilities Element, a revised Capital Improvements Element for the COUNTY,
and a revised Intergovernmental Coordination Element for the COUNTY . The report shall
include all relevant information in the principal document, with other information/data
incorporated in technical appendices . To complete this task, KHA will :
■ Provide an electronic copy of draft report to the COUNTY
■ Provide one modification draft report based on COUNTY review
■ Provide an electronic copy of final report to COUNTY
Task XVIII: Project Management
KHA shall provide COUNTY with all electronic documents developed throughout the study.
This shall include database files, electronic spreadsheets, Power Point presentations, maps, and
others . All documents, graphics, charts , and supporting material generated during the course of
this project will be furnished to the COUNTY so that they can be read and understood as black
and white documents in an IBM compatible format as identified below .
Technical Memoranda and Correspondence Microsoft Word 2000
Spreadsheets Microsoft Excel 6 . 0/7 . 0
Graphics Axf format
Maps/GIS ArcView 9 . 0
Final Reports Microsoft Word 2000
The schedule for completion for the project will be in accordance with the Pilot Communities
Scope of Work issued by the Florida Department of Community Affairs . All dates other than
those required by the Department of Community Affairs Pilot Communities Scope of Work are
subject to change upon mutual agreement by the COUNTY, the SCHOOL DISTRICT and KHA.
The final report shall be submitted to the COUNTY no later than May 25th 2006 , and transmitted
to DCA by June 1 , 2006 .
KHA shall attend a Notice to Proceed meeting with the COUNTY and SCHOOL DISTRICT,
representatives at which relevant project information along with procedures for administering the
contract shall be provided. KHA shall be available, with seven (7) business day notice, to
attend meetings or make presentations at the request of the COUNTY or SCHOOL DISTRICT .
Such meetings may be held at any hour between 9 : 00 a. m . and 11 : 00 p . m . on any day of the
week. KHA may be called upon to provide maps, press releases, advertisements, audiovisual
displays and similar material for such meetings .
KHA shall submit one originally signed copy of an invoice package to the COUNTY ' s Project
Manager. A copy of the invoice shall be sent to the SCHOOL DISTRICT Project Manager.
Judgment on whether work of sufficient quality and quantity has been accomplished will be
made by the COUNTY ' S and the SCHOOL DISTRICT ' S Project Managers using a comparison
of reported percent work completed against actual work accomplished .
9
ADDITIONAL SERVICES
Any services not specifically provided for in the above scope, as well as any changes in the
scope you request, will be considered additional services and will be performed at our then
current hourly rates as we agree prior to their performance . Additional services may include, but
are not limited to :
■ Meetings not identified in the scope
■ Preparation of graphic displays, handouts , and any other appropriate presentation
aids for all meetings not identified in the scope
■ Land Development Code revisions
■ Consulting services relation to implementation of school concurrency
■ Additional GIS / mapping services
■ Intergovernmental coordination
■ Public facilities planning and design
■ Additional modifications to Comprehensive Plan Elements not identified in the
scope
10
EXHIBIT B
RATESCHEDULE
CONSULTANT TITLE RATE / HOUR
Kimley-Horn and Associates , Inc . Principal $ 180 . 00
Senior Engineer $ 150 . 00
Senior Planner $ 130 . 00
Junior Professional $ 90 . 00
Technical Support $ 75 . 00
Support Staff $ 55 . 00
Jeanne K. Mills Principal $ 150 . 00
Nabors , Giblin and Nickerson, P . A. Senior Attorney $ 225 . 00
Associate $ 190 . 00
Clerk $ 50 . 00
Mamco , Inc . Principal $ 75 . 00
Fishkind and Associates Principal $ 300 . 00
Senior Associate $250 . 00
Associate $200 . 00
Staff $ 75 . 00
Leo Noble Principal $ 150 . 00