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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-071Temp. Reso. No. 13128 June 11, 2018 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AWARD OF REQUEST FOR PROPOSAL NUMBER 18-10R, AND EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND TINDALE OLIVER & ASSOCIATES INC., D/B/A/ TINDALE OLIVER, A FLORIDA CORPORATION, ATTACHED HERETO AS EXHIBIT "2" AND INCORPORATED HEREIN; FOR THE DEVELOPMENT OF VARIOUS IMPACT FEES , IN AN ESTIMATED AMOUNT OF EIGHTY FOUR THOUSAND, FOUR HUNDRED ($84,400.00) DOLLARS; AUTHORIZING AN APPROPRIATION OF EIGHTY FOUR THOUSAND, FOUR HUNDRED ($84,400.00) DOLLARS; PROVIDING FOR CONFLICTS: PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Policy 2.4 of the City's Comprehensive Plan requires the City to conduct an impact fee rate study to ensure that new development and redevelopment pays its fair share of capital improvements needed to serve the development/redevelopment-, and WHEREAS, the City is interested in developing new impact fees for Transportation, Parks and Recreation, Governmental Facilities (to include Police), and Affordable Housing, and WHEREAS, in an effort to solicit proposals from firms with experience in impact fee studies, City staff developed a Request for Proposal for Development Impact Fee Services (RFP) #18-10R that was formally advertised on the City's web -site and in the South Florida Sun Sentinel, dated January 28, 2018, a copy of which is on file with the City Clerk incorporated herein, and made a specific part thereof; and Temp. Reso. No. 13128 June 11, 2018 Page 2 WHEREAS, the City received responses from four (4) firms who responded to RFP#18-10R which closed on February 22, 2018 who were as follows: • Raftelis Financial Consultants, Inc. • Tindale Oliver • TischlerBise Inc. • Wildan Financial Services; and WHEREAS, an Evaluation Committee was appointed by the City Manager that was composed of the Director of Community Development, the Director of Financial Services, the Director of The Building Department (Replaced by Assistant Building Official for Oral Presentations and Final Evaluation), the Assistant Director of Parks & Recreation, a Broward Sheriff's Office Tamarac District Lieutenant, the City Engineer, Public Services Department and Associate Planner, Community Development Department, as facilitated by the Purchasing and Contracts Manager who evaluated all four (4) proposals; and WHEREAS, the Evaluation Committee short-listed the following three (3) firms to provide oral presentations to the Committee: • Raftelis Financial Consultants, Inc. • Tindale Oliver • TischlerBise Inc,; and WHEREAS, oral presentations from all three (3) of the short-listed firms was conducted on May 8, 2018; and Temp. Reso. No. 13128 June 11, 2018 Page 3 WHEREAS, upon review of the three (3) short-listed proposals that were received, it was determined by the Evaluation Committee that the response from Tindale Oliver & Associates Inc., D/B/A Tindale Oliver provided the most advantageous response to the City , a copy of said response is on file with the Office of the City Clerk and the Evaluation form showing the short-listed firms and the final evaluation form showing the highest ranked firm are included herein as Exhibit 1" attached hereto; and WHEREAS, City staff and Tindale Oliver have agreed upon a contract price of Eighty Four Thousand, Four Hundred $84,400.00 to generate studies and development impact fee recommendations for Transportation, Parks and Recreation, Governmental Facilities (including Police) and Affordable Housing, for a contract term commencing upon award of contract with a scheduled completion date of December 31, 2018; and WHEREAS, it is the recommendation of the Community Development Director and the Purchasing and Contracts Manager to award RF #18-10R to Tindale Oliver to serve as the City's Consultant to create a Development Impact Fee Study to include recommendations for Transportation, Parks and Recreation, Government Facilities (including Police) and Affordable Housing impact fees for a contract price of $84,400.00 for a contract with a scheduled completion date of December 31, 2018; and WHEREAS, it is recommended that the appropriate City Officials execute an Agreement with Tindale Oliver for a contract term commencing upon contract award with a scheduled completion date of December 31, 2018, and Temp. Reso. No. 13128 June 11, 2018 Page 4 WHEREAS, it is recommended that the City Manager be authorized to exercise any extensions to the contract if necessary and appropriate; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to award RFP #18-10R to Tindale Oliver to serve as the City's Consultant to create a Development Impact Fee Study to include recommendations for Transportation, Parks and Recreation, Government Facilities (including Police) and Affordable Housing impact fees for a contract price of $84,400.00 for a contract with a scheduled completion date of December 31, 2018; a copy of said Agreement is included herein as Exhibit "2" (attached hereto, incorporated herein, and made a specific part thereof). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORID& SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof; all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: the award of RFP #18-10R to Tindale Oliver is hereby approved. Temp. Reso. No. 13128 June 11, 2018 Page 5 SECTION 3: The appropriate City officials are hereby authorized to execute an Agreement with Tindale Oliver to serve as the City's Consultant to create a Development Impact Fee Study to include recommendations for Transportation, Parks and Recreation, Government Facilities (including Police) and Affordable Housing impact fees for a contract price of $84,400.00 for a contract with a scheduled completion date of December 31, 2018; a copy of said Agreement is included herein as Exhibit "2" (attached hereto, incorporated herein, and made a specific part thereof). SECTION 4: An appropriation in the amount not to exceed $84,400.00 is hereby approved and will be included in the Budget Amendment in November 2018, pursuant to F.S. 166.241(2). SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. Temp. Reso. No. 13128 June 11, 2018 Page 6 PASSED, ADOPTED AND APPROVED this day of 2018. HARRY DRESSLER, MAYOR ATTEST: PATRICIA TECJFECIMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR DRESSLER 4116-4 DIST 1: COMM. BOLTON DIST 2: V/M GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM r_�L ,. ��16jlt4l -SA U L S. GOREN CITY ATTORNEY 1 u 1 EMMMM ■ M ■ E A ~ E 2 �_ )fnn(NnnnC-4/72 � 2 ui G 2 a §/ \ u L) @ / §E c LL § n § § k ui G § 0 {§/ 5 § ±±\)]\ SE=c=3 co - j / ( 2 6 < e e < E R U C m m LM m m m m m m m m m m m N N N N W N a 7 N O O O O t 0 O N N O N N m N m m m m m m m m m M m M M m m 9 V 3 d mm�mmmm `m xx L o V N<NrrrN Rm29? -o N(� LVNNN<NN NNmoN SR— mNmNNNm CN o 11: rr•n+1r.'O vs. rmNmmMmi"! F- % i 0 Qp N m � m X C 06)1�05 2m0 NCN�I�NryN N�NOf ONO m�Of�dmO� Ci — QQ Q ��019�0 QQ pp m N N m N C N N N w c O (L G C N x m rL eA m to x m CL N rn U Z m a CL x N x F- Y. X Itl X 01 y NN r r ONmNN N r r r< b 'a NpNrNOJ �- (� N N r< Lx [V Q N Ntpm N N N N (yON (V N, EN NNNNNNN N N N N N _Z U N a ONN m M Q 9 T Z c > a � J J m O O F F a 12 o N w a N CY w U m o V � C y Nl C 0 i 4. c Z m y 3 N N O N i O N = Q O M O O O 8 76 O O 6 O O O O- O V h O y d d y U O �tai d� m0 EO d0 psoN �Nuy1UCp OLLsa-N _��`mmom a O=�mE' j( K�v'_dW tz4QF"> O-tA EL IL a -rmOlom dcmo E. n 5RCm W au ,SaU 'dGRiOCCG% O 0 0O=� O o O C W m OO p4U5jll O --IU.NOIo0E Z O ULL coQUm4 U= 0.2 V UJ LQ 7 C- LLQ V6.2M$d� > AGREEMENT BETWEEN THE CITY OF TAMARAC AND TINDALE OLIVER & ASSOCIATES INC., D/B/A TINDALE OLIVER THIS AGREEMENT is made and entered into this -a day of 20 by and between the City of Tamarac, a municipal co oration with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Tindale Oliver & Associates Inc., d/b/a Tindale Oliver, a Florida corporation with principal offices located at 1000 N. Ashley Drive, Suite 400, Tampa, Florida 33602 (the "Consultant") to provide for Development Impact Fee Services for the City of Tamarac. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Consultant agree as follows: 1) The Contract Documents The contract documents shall consist of this Agreement, Request for Proposal Document No 18-10R "Request for Proposal for Development Impact Fee Services" dated January 28, 2018 including all conditions therein, (including any General Terms and Conditions, Supplementary Conditions, Statement of Work or any other provisions contained within the document), any and all addenda, Proposal executed and submitted by the Consultant dated February 21, 2018, specifications, bond(s), (if applicable), and insurance certificate(s), Consultant's Revision of Consultant's Proposal Tab C "Services to Be Provided" and Tab E "Costs/Prices" revised June 5, 2018 included herein as Exhibit A, the City Resolution awarding the project, and all modifications issued after execution of this Agreement. These documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Request for Proposal document 18-10R, "Development Impact Fee Services" as issued by the City on January 28, 2018; and the Consultant's Proposal,dated February 5, 2018 as revised June 5, 2018 and included herein as Exhibit A; Request for Proposal document 18-10R "Development Impact Fee Services" as issued by the City on January 28, 2018, as modified by Addendums #1, #2 and #3, shall take precedence over the Consultant's Proposal as revised. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Consultant shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Consultant shall furnish all labor, materials, and equipment necessary to provide Development Impact Fee Services in order to assist the City in the creation and implementation of various Impact Fees as defined in Statement of Work for Request for Proposal 18-10R for "Development Impact Fee Services", and as further enumerated in Tab C of Exhibit A Agreement -- RFP No 16-1QR Development Impact Fee Services attached herein. 2.1.2 Consultant shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Consultant, its employees, agents or sub -Consultants, if any, with respect to the work and services described herein. 3) Insurance 3.1. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Consultant will ensure that all subConsultants comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Consultant shall indemnify and hold the City harmless for any damages resulting from failure of the Consultant to take out and maintain such insurance. Consultant's Liability Insurance policies shall be endorsed to add the City as an additional insured. Consultant shall be responsible for payment of all deductibles and self-insurance retentions on Consultant's Liability Insurance policies. Insurance limits are outlined below: Insurance Requirements Line of Business/ Coverage Occurrence Aggregate Limits Commercial General Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/completed Operation Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000.00 $1,000,000.00 Workers' Compensation & Employees Liability Statutory 3.3 In addition, Consultant shall maintain Professional Liability Insurance (E & O) in the amount of $1,000,000 aggregate. 4) Schedule The work to be performed under this Agreement shall be commenced after City execution of this Agreement. The work shall be completed no later than 180 days Agreement -- RFP No 18-10R Development Impact Fee Services following contract execution as enumerated in Tab C of Exhibit A herein. 5) Contract Sum The Contract Sum for the above work plus all total estimated expenses shall not exceed Eighty -Four Thousand Four Hundred Dollars and No Cents ($84,400.00)in accordance with the pricing schedule as provided in Tab E of Exhibit A herein. 6) Indemnification 6.1 GENERAL INDEMNIFICATION: Consultant shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Consultant, any sub -Consultant, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Consultant in the performance of the Work; or c). liens, claims or actions made by the Consultant or any sub - Consultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Consultant. 6.2 Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 6.2.1 The Consultant shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 6.2.2 The City and Consultant recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Consultant and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Consultant. Furthermore, the City and Consultant understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Consultant's responsibility to indemnify. 6.2.3 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. Agreement -- RFP No 18-10R Development Impact Fee Services Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 7) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Consultant and its sub -Consultants shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Consultant will take affirmative action to ensure that employees and those of its sub - Consultants are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant and its sub -Consultants shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Consultant further agrees that he/she will ensure that all sub - Consultants, if any, will be made aware of and will comply with this nondiscrimination clause. 8) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Consultant is an independent Consultant under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Consultant shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Consultant's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Consultant, which policies of Consultant shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Consultant's funds provided for herein. The Consultant agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Consultant and the City and the City will not be liable for any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or overtime premiums. 9) Assignment and Subcontracting Consultant shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement,- or any portion thereof, shall not be subcontracted without the prior written consent of the city. 10) Notice Agreement -- RFP No 18-10R Development Impact Fee Services Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONSULTANT Tindale Oliver Associates, Inc., d/b/a Tindale Oliver 1000 N. Ashley Drive, Suite 400, Tampa, Florida 33602 ATTN: Mr. Steven A. Tindale, P.E., AICP, President STindale(a).tindaleoliver.com Telephone: (813) 224-8862 11) Termination 11.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Consultant for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. 11.2 Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Consultant of written notice of such neglect or failure. 11.3 The failure of Consultant to comply with the provisions set forth in this Article shall Agreement -- RFP No 18-10R Development Impact Fee Services constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Article 12 "Termination" herein. 12) Uncontrollable Forces 12.1 Neither the City nor Consultant shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 12.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 13) Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 14) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 15) Signatory Authority The Consultant shall provide the City with copies of requisite documentation evidencing that the signatory for Consultant has the authority to enter into this Agreement. 16) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement -- RFP No 98-IOR Development Impact Fee Services Agreement. 17) Merger; Amendment This Agreement constitutes the entire Agreement between the Consultant and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Consultant and the City. 18) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 19) Budgetary Constraints In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Consultant shall also be provided with a minimum 30-day notice prior to any such reduction in budget. 20) Public Records 20.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: 20.1.1 Keep and maintain public records required by the City in order to perform the service; 20.1.2 Upon request from the City's custodian of public records, provide the public agency 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 this chapter or as otherwise provided by law. 20.1.3 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 City. 20.1.4 Upon completion'of the contract, transfer, at no cost to the City, all public records in possession of the Consultant, or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the contract, the Agreement -- RFP No 18-10R Development Impact Fee Services 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 City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 20.2 During the term of the contract, the Consultant shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Consultant agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 21) PUBLIC RECORDS CUSTODIAN 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: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG Agreement -- RFP No 18-10R Development Impact Fee Services IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its City Manager, and CONSULTANT, signing by and through its President, duly authorized to execute same. CI AT-TESichael . Cernech, City Ma ager 4 Patricia A. Teufel, gmP.0 Date: City Clerk �`'C��, /xIdD_ Approved as to form and legal sufficiency: Date - Q .� 3 '.�5 P Ng�pv `` - Al \ ;�Iyy 4�torney ` /v4 RD 00 ATTEST: `� r i i ►' ��TINDALE OLIVER ASSOCIATES INC., D/B/A TINDALE OLIVER Company ame (Corporate Secretary) Signature of President/Owner Steven A. Tindale, P.E. , AICP Steven A. Tindale, P.E., AICP Type/Print Name of Corporate Secy. Type/Print Name of President/Owner (CORPORATE SEAL) Jupt 8, 2018 Date Agreement -- RFP No 48-IOR Development Impact Fee Services CORPORATE ACKNOWLEDGEMENT STATE OF Florida SS COUNTY OF Hillsborough I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Steven A. Tindale, P.E., AICP, President , of Tindale Oliver Associates, Inc., d/b/a/ Tindale Oliver, a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this. day of 8th day of June 12018. ,gti��v'd ANGEL P. ACEY . o : Notary Public — State of Florida Commissior = GG 165770 My Bc ceC ^ ^_�� Expires No eryAs n2 Agreement -- RFP No 18-1OR Development Impact Fee Services Lah�:4&gnat re of Notary Pu is State of Florida at Large Angel P. Acey Print, Type or Stamp Name of Notary Public 0 Personally known to me or ❑ Produced Identification NA Type of I.D. Produced FRI DID take an oath, or ❑ DID NOT take an oath. EXHIBIT A Tab C — Services to be Provided (Revised June 5, 2018) Tab E — Costs/Prices (Revised June 5, 2018) Agreement -- RFP No 18-10R Development Impact Fee Services The City of Tamarac is interested in proposals from firms with experience in impact fee studies, implementation, and administration. The selected firm is requested to develop impact fee studies for the following program areas: > Transportation > Parks and Recreation > Governmental Facilities > Affordable Housing The Tindale Oliver Team includes planners, engineers, economists, and attorneys and has in- depth experience in city planning and impact fee studies for a wide range of program areas, including those listed above. Tindale Oliver prepared over 300 impact fee studies for Florida jurisdictions for multiple service areas. In addition, our staff have prepared Fire and Parks Master Plans, Long Range Transportation Plans, Transit Development Plans, and other planning documents and understand the relation between impact fees, master plans, and economic development and growth management goals. The remainder of this section includes the following: > A brief background review; > Description of Tindale Oliver's approach to impact fee calculations and the City's scope of services; and > A preliminarywork schedule. BACKGROUND REVIEW Located in central Broward County, Tamarac has a population of almost 65,000 within 12 square miles, making it 13th most populous city in the county. As shown in Figure 1, the City of Tamarac experienced an average annual growth rate of Tab C Services to be Provided (Revised June 5, 2018) approximately 1.1% between 2000 and 2007. Similar to other Florida jurisdictions, since 2008 the growth rate decreased. Even with this decline, the City averaged approximately 1.0% population increase per year between 2007 and 2017, which increased to 1.4% over the past three years. This continuing growth results in a need for additional facilities. As presented in Figure 2 on page 5-3, between 2000 and 2007, the City experienced a high increase in per capita taxable values (an average of 12% per year). Similar to other Florida jurisdictions, between 2007 and 2013, the City's tax base started to decline, with an average annual decrease of 11%. Since 2013, the tax base per capita started to increase again with an average annual growth rate of 6%. In 2017, the City's tax base increased by almost 9% and is expected to experience an even higher level of increase in 2018. With the fluctuations in ad valorem tax revenues, the availability of other revenue sources become more important than ever. Approximately 70 percent of the City's tax base consists of residential development, up from 63 percent in 2011, as presented in Figure 3 on page 5 -3. The increasing reliance on residential tax base makes it difficult to moderate economic fluctuations. Despite this trend, the City is home to the 500-acre Tamarac Commerce Park, zoned as light industrial, which accommodates manufacturers, office parks, research facilities, among others. Seventeen major corporations are located here, employing over 5,000 people. Further, the 158- acre Westpointe Development of Regional Impact (DRI) project has an approved development order that includes office, commercial and industrial land uses. Westpointe already has a hotel, with a Tindale&•Oliver CITY OFTAMARACIDevelopment Impact Fee Services C-1 www.tindateoliver.com Tab C: Services to be Provided Figure 1— Population Growth (Three -Year Average) 5.00%--------- -City of Tamarac Broward County 4.00% - - - - - - -- ---- ----------------- - Florida 3.00% 2.00% 1.00% 0.00% 1999 2000 20012002 2003 2004 2005 2006 2007 2008 2009iBid 20.112012 2013 2014 2015 2016 2017 -1.00% �_­_­­­_.__­.____­= ------ Source: Florida Legislature's Department of Economic and Demographic Research second hotel approved. In addition, 200,000 square fee of commercial use, 45,000 square feet of automotive dealership,) million square feet of industrial/office use, 440,000 square feet of industrial use, and 26 acres of lakes have been developed as part of this project. The City's effort to attract these and similar developments are consistent with the following City policies: a Diversify and expand economic base to relieve homeowners from the most significant share of tax burden and to protect the community against economic downturns. This effort should include the attraction of new businesses, retaining existing businesses, enticement of new residents, and tourism. Encourage economic development initiatives that provide growth in the tax base and employment for City residents as a first priority and in the County and region as a second priority. Tindale Oliver has developed an Economic Growth approach in calculating impact fees that may assist the City in achieving these goals. This approach reviews the City's growth rate and available funding and develops targeted impact fee reductions/incentives for select land uses and/ or subareas. This methodology is available to the City if desired. Policies and objectives outlined in the City's Comprehensive Plan require that new and redeveloped properties meet the established Level of Service (LOS) standards prescribed therein. To address these, the City implemented a Fair Share Contribution for Road Improvement fees, which are not currently being assessed. The City also implemented and collects Parks and Recreation Impact Fees. In addition to updating these fees, the City is also interested in implementing new fees in governmental buildings/law enforcement and affordable housing areas. To better understand the current issues facing the City and assist us in developing a scope of services that demonstrates both our interest in working for the City and our unique approach to impact fee projects, Tindale Oliver has completed Tindale> "'Oliver CITY OF TAMARAC i Development Impact Fee Services C - 2 www.tindateoliver.com Tab C: Services to be Provided Figure 2 — Change in Taxable Value per Capita 25.00% 20.00% 15.00% 10.00% 5.00 % 0.00% -5.00% -10.00% -15.00% -20.00% -25.00% °�� ti� y�,°'�' �0�� -Lp ti0�� -0�� -§p .LO�h LO�� ti0�� ti0�� LO��i LO,� ti0,� LOy� Lpy� L�,k L01<' Lp1� Source: Florida Legislature's Department of Economic and Demographic Research Figure 3 - City of Tamarac Distribution of Property Tax Base by Land Use 100 % 90% 80% 70% 60% 50 % 40 % 30% 20% 10% 0% �oo��ootioo�\�otioyo\�ytioy�\y�tioy�\��tio��\��tioy�\��tioyh\y�tioyo\�� Source: Florida Legislature's Department of Economic and Demographic Research ■ Non -Residential ■ Residential Tindaler<Oliver CITY OFTAMARACIDevelopment Impact Fee Services C-3 www.tindateotiver.com Tab C: Services to be Provided a preliminary review of several documents, including: > Tamarac City Code for Current Impact Fees - This review assists us in understanding Tamarac's current impact fee structure. > FY 2018 Annual Budget — This document provides an overview of City's goals, current issues/achievements, existing and planned/ programmed capital assets, and funding sources used for various services. > Comprehensive Plan —This document provides an understanding of the City's goals and policies in terms of growth patterns, desired land uses, and type of future infrastructure. As mentioned previously, the City of Tamarac is interested in updating/developing impact fees in five service areas. The scope of services to address the calculation of these impact fees fulfills the requirements of Florida Statutes 163.31801 and related case law, and is organized into six major tasks that outline the analysis related to initial background review/methodology evaluation, technical analysis to update the fee for each program area, and implementation process, which includes the ordinance update and meetings/presentations. The work plan for each of the six major tasks is presented in the next section. SCOPE OF SERVICES TASK 1: Background and Methodology Review and Kick-off Meeting Upon receipt of the Notice to Proceed, Tindale Oliver will facilitate a kickoff meeting with key members of the City and County staff to identify and discuss major technical, legal and policy issues, coordinate staff/Consultant responsibilities, and refine the project schedule, as necessary. An agenda for the meeting along with data needs memo and preliminary schedule will be provided at least two days in advance of the kick-off meeting. Some of the technical and policy issues that will be discussed include the following: > The legal basis, purpose and requirements for impact fees. > Consumption -based vs. needs -based CITY OF TAMARAC l Development Impact Fee Services methodologies. > Trends in economic and demographic variables, such as population growth and land development statistics/permitting. > The City's current Impact Fee Ordinances; > Inventory of capital assets for each service area. > Recent trends in land and construction costs experienced by the City and other jurisdictions in Florida. > Capital improvement plans/Master Plan and projects and associated funding sources and levels, including other potential revenue sources to fund infrastructure. > Roadway -based versus multimodal transportation impact fee. > Review of land uses included in the current fee schedules and potential changes, if necessary. > Reduction in impact fees for land uses that generate fewer vehicle miles of travel, such as traditional neighborhood development, mixed use development, and transit oriented development. > Economic development and growth management goals and policies and Tindale Oliver's Economic Growth approach to impact fees. > City's efforts to encourage/increase affordable housing and coordination with Broward County policies and requirements. > Other related issues. The City will provide to Tindale Oliver copies of all relevant plans, studies, and documents needed to perform the project tasks. We will review the background material and summarize data gaps and responsibilities resulting from the kickoff meeting. TASK 2: Technical Analysis This task addresses the development of transportation, parks and recreation, police, and governmental facilities impact fee programs, which will result in impact fees reflecting the capital costs of providing infrastructure in each program area in Tamarac. Affordable housing impact fee is addressed C-4 TimbleV 40liver www.tindateotiver.com Tab C. Services to be Provided separately in Task 5. Task 2 work effort includes the development of the inventory of existing facilities and level of service, preparation of a demand component, and a review of the construction, land, right-of-way, equipment and other related costs and credits. Subtask 2.1- Inventory of Existing Facilities, Standards, Population Projections and Level of Service The City will provide an inventory of each infrastructure type owned by the city, as well as planned facilities. Government buildings will include the City Hall and other general government services buildings, including law enforcement facilities. It is our understanding that the law enforcement services in the city are provided by the Broward County Sheriff's Office. If the City owns the police stations and other capital infrastructure, the inventory will include these assets. In the case of parks, the City's inventory includes approximately 415 acres of parks and golf course land and multiple facilities. The City will provide the parks inventory in the format requested by the Consultant. Finally, the roadway inventory will include all non -local roads in the city. Population trends and projections obtained from the City as well as outside sources such as Florida Statistical Abstract, University of Florida Bureau of Economic and Business Research, etc. will be reviewed to estimate future population levels and associated capital infrastructure needs. Based on the existing inventory as well as current or best available population levels, the achieved level of service will be calculated. The level of service standards included in the City's Comprehensive Plan will be evaluated and compared to achieved level of service to determine appropriate figures in impact fee calculations to meet dual rational nexus test. Subtask 2.2 - Demand Component Tindale Oliver will develop 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. In addition, if the City desires, this information can be supplemented with local trip characteristics. Otherwise, the demand component will be updated based on secondary data sources, such as the latest ITE Trip Generation Handbook, Tinda le Oliver's trip characteristics database, and any alternative studies that may have been conducted in Tamarac. If the City desires to pursue a multimodal transportation impact fee, the demand component will be converted to persons miles of travel (PMT). In the case of governmental buildings, Tindale Oliver typically uses functional population per unit of land use. Functional population 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 (residential and commercial) throughout the day. In the case of parks and recreation impact fee, Tindale Oliver will update the demand component using data from American Community Survey. Consistent with industry practices, Tindale Oliver uses population per unit of land use and includes only residential land uses in the parks and recreation impact fee schedules. Subtask 2.3 - Cost Component The cost component for each impact fee program area will be updated to reflect the current cost of adding capacity in Tamarac. Cost elements reviewed will include design and engineering inspection, construction, right-of-way, land purchase, vehicle/equipment purchase, and other related costs. Tindale Oliver will review the Capital Improvements Program, Annual Budgets/ Reports, recent bids, completed local projects, 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 City. This information will be compared to and/or supplemented with Tindale Oliver's cost databases that include information from other Tindale)"""Oliver4 CITY OF TAMARAC I Development Impact Fee Services C-5 www.tindateoliver.com Tab C: Services to be Provided Florida jurisdictions. This task will also review cost of serving new customers among the residential and commercial customer classifications, based on cost estimates developed as part of this task and population estimates developed as part of Task 2.1. Subtask 2.4 - 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 Tamarac. Any outstanding debt service on bonds used to fund capacity projects will be reviewed and documented as appropriate. This information will be used to prepare the credit component of the impact fee formula. TASK3: Impact Fee Schedules, Administrative Fee and Technical Report This task will develop the fee schedules for each service area based on the analysis completed in Tasks 1 and 2, which will be summarized in the Draft Technical Report. The calculated rates will be compared to those adopted and calculated by other jurisdictions in Broward and surrounding counties, as data available. In addition, as part of this task, Tindale Oliver will develop an administrative fee to administer the entire impact fee program. Per Florida Statutes 163.31801, this fee cannot exceed actual expenditures. Tindale Oliver will work with the City to review existing expenditures and estimate future expenditures, and will supplement this information with data from other Florida jurisdictions. This analysis will be incorporated into the draft technical report. development goals, a facility plan overview, funding availability and structure overview, data needs, data gaps and their resolution, and project responsibilities between the Consultant and City staff. > One conference call meeting with City staff to review the study progress, the draft report and prepare for and refine the implementation process. Two public meetings to present study results. In addition to these meetings, Tindale Oliver will be in regular contact with the City's Project Manager to ensure that the City is aware of study progress. TASKS: Affordable Housing Impact Fee Broward County has established policies and procedures to provide affordable/workforce housing in the case of land use amendments. More specifically, for land use amendments that require an addition of more than 100 residential units to the existing densities approved by the Broward County Land Use Plan, the County requires municipalities to mitigate the need for affordable housing. Individual municipalities opted into the program. For example, Tindale Oliver is currently working for the City of Hallandale on the establishment of their affordable housing in -lieu fee to accommodate these requirements. At this time, the City of Tamarac is interested in a study that would explore the option of charging an impact fee for affordable housing. This task will explore options available to the City, which may include: > An inclusionary zoning program with an in -lieu fee for residential development. > A linkage fee that charges residential and non - Upon receipt of the City's comments on the draft residential development for provision of technical report, a final report will be prepared and affordable housing demand created by these submitted.. developments. Tindale Oliver will also review ordinance changes prepared by the City Attorney and provide information as needed. TASK4: Meetings and Presentations Tindale Oliver will conduct the following meetings: > A conference call kick-off meeting to discuss the overall project approach and schedule, the City's growth management and economic As part of this analysis the following tasks will be conducted: > A review of the City of Tamarac's current programs and processes related to affordable housing. This will include a review of both the Land Development Code (LDC) and the Comprehensive Plan. > A review of Broward County's affordable housing/inclusionary zoning program, CITY OF TAMARAC I Development Impact Fee Services C - 6 Tindale > <Oliver www.tindaleoliver.com Tab C. Services to be Provided including related policies included in BrowardNext update to the County's Land Use Plan as well as previous technical studies to ensure that the City's program is consistent with the overall methodology/ approach. > Review and document similar programs provided by up to six other jurisdictions and a summary of best practices. The priority will be given jurisdictions within Broward County; however, jurisdictions that implemented a successful program in nearby counties, such as Palm Beach County will also be considered. > A review and documentation of the definition and current inventory/conditions of affordable / workforce housing in Tamarac. Tindale Oliver will work with the City to establish the goals and parameters of the program. > Estimated cost of providing affordable/ workforce housing in Tamarac. > Establishing the relationship (proportionality test) of the need generated by development for affordable housing. > Calculation of an in -lieu fee. Findings of the study will be summarized in a draft technical report and will be reviewed with the City staff and administration. The draft report will include a comparison of calculated in -lieu fees to other jurisdictions and will address any implementation considerations. Upon receipt of comments from the City, a final report will be prepared and submitted. PROJECT MANAGEMENT AND COMMUNICATION WITH CITY STAFF 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. The daily tasks and communication for this project will be conducted by the Project Manager (Nilgun Kamp). The Principal -in -Charge (Steve Tindale) will provide the overall direction of the study, review calculations and reports, and attend meetings and presentations. Other Tindale Oliver staff will provide support for daily tasks and White & Smith will lead the legal aspects of the study. It is our policy that each study be reviewed by two principals to ensure the quality of the final product. To ensure that the study stays on schedule, the Tindale Oliver Team conducts weekly internal project meetings to communicate on the progress of this project to ensure that we continue to meet the project schedule. In terms of communicating with the City staff, in addition to the periodic meetings outlined under Task 4 of the Scope of Services, the Tindale Oliver Team will be in contact with the City 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 the study progress. 12 t83]1*44 *41. 411M A preliminary schedule is included in the following table. Upon selection, if necessary, this schedule can be modified to better accommodate the City's needs. After reviewing our current commitments, we are confident that we will be able to complete the study in a timely manner. IndaIe> <01iver CITY OF TAMARAC I Development Impact Fee Services C-T www,tindateoliver.com Tab C: Services to be Provided City of Tamarac Development Impact Fee Services Tindale Oliver Preliminary Project Schedule Task Description Receipt of Notice to Proceed Schedule June 29, 2018 Submittal of the Detailed Schedule and Data Needs Memo July 3, 2018 Receipt of All Requested Data August 6, 2018 Kick-off Conference Call Week of July 9, 2018 Impact Fee Technical Analysis July - December, 2018 Submittal of Draft Technical Report November 9, 2018 Work Session Conference Call with City Staff Week of November 12, 2018 City Commission Workshop November, 2018 Submittal of Final Report Two weeks after the receipt of all comments Public Hearing December, 2018 Tindale�<Oliver CITY OF TAMARAC I Development Impact Fee Services C - 8 www.tindateoliver.com Tab E Costs/Price (Revised June 5, 2018) The professional fees and expenses associated with the City of Tamarac Development Impact Fee Services are estimated at $84,400 for the development of transportation, parks, governmental buildings impact fees, and an affordable housing in -lieu fee, which includes up to two conference calls and two in -person meetings. This is a lump sum budget and the City will be invoiced monthly for the portion of the work completed. A detailed breakdown of the budget is included on the following pages. TindaleF<Oliver CITY OF TAMARAC l Development Impact Fee Services E -1 www.tindateotiver.com Tab E. Costs/Price City of Tamarac Development Impact Fee Services Tindale Oliver Proposed Project Budget SUB TASK TASK I BACKGROUND & METHODOLOGY REVIEW Project Director 7 Project Manager 10 Senior Eng/Pln 5 Planner/ Engineer :,„ 2 Sr Planning/ G IS Tech $75.00 0 Admin/ Clerical $70.00 2 TOTAL TASK HOURS ,: 26 BURDENED COST/ TASK $67,905 $4,090 1.1 Send Data Request Memorandum 1 2 1 1 5 $750 1.2 Review Background Materials 1 3 2 1 7 $1,070 1.3 Review Study Methodology/Approach 1 1 1 3 $505 1.4 Kick-off Meeting (Conf Call) 4 4 1 1 1 11 $1,765 TASK 2 IMPACT FEE TECHNICAL ANALYSIS $35,385 2.A DEVELOP TRANSPORTATION IMPACT FEE 11 21 37 30 11 1 111 $14,110 2.A3 Inventory 2 4 8 8 1 1 24 $2,955 2.A2 LOS Analysis 2 3 5 4 14 $1,910 2.A3 Demand Component and Land Uses 3 5 9 7 4 28 $3,535 2.A4 Cost Component 2 5 9 5 4 1 25 $3,180 2.A5 Credit Component 2 4 6 6 2 20 $2,530 2.8 DEVELOP PARKS AND RECREATION IMPACT FEE 5 17 23 19 3 1 68 $8,870 2.B3 Inventory 1 3 4 3 1 12 $1,570 2.62 LOS Analysis 1 2 2 1 6 $895 2.B3 Demand Component and Land Uses 1 2 4 2 9 $1,245 2.64 Cost Component 1 6 8 7 3 25 $3,110 2.B5 Credit Component 1 4 5 6 16 $2,050 2.0 DEVELOP GOVERNMENT BUILDINGS/LAW ENFORCEMENT IMPACT FEE 8 15 35 40 3 1 102 $12,405 2.C3 Inventory 2 4 7 9 1 1 24 $2,900 2.C2 LOS Analysis 1 2 4 5 12 $1,485 2.C3 Demand Component and Land Uses 1 1 5 8 15 $1,685 2.C4 Cost Component 2 4 8 10 2 26 $3,120 2.C5 Credit Component 2 4 11 8 25 $3,215 TASK 3 DEVELOPMENT OF FEE SCHEDULES AND TECHNICAL REPORT 23 35 45 35 9 1 148 $20,230 3.1 Develop Fee Schedules and Administrative Fee 4 12 22 15 4 57 $7,350 3.2 Prepare and Submit Draft Technical Report 5 7 19 16 5 52 $6,420 3.3 Prepare and Submit Final Technical Report 8 8 4 4 1 25 $3,890 3.4 Legal Assistance 6 8 14 $2,570 TASK 4 MEETINGS & PRESENTATIONS 16 18 8 8 0 3 53 $8,200 4.1 Kick-off Conference Call Meeting 4 4 2 2 1 13 $1,980 4.2 Draft Report Review Conference Call Meeting 4 6 3 3 1 17 $2,545 4.3 Public Meetings/Hearings (2 - In Person) 8 8 3 3 1 23 $3,675 TASK 5 AFFORDABLE HOUSING• Review of Background Documents/Studies 3 , 6 44 10 32 6 , 1 26 $3,535 Calculation of the In -Lieu 6 12 16 8 1 43 $6,140 Comparison to Other Jurisdictions 1 4 10 8 1 24 $2,955 Preparation of Draft and Final Reports 3 8 8 10 29 $3,865 TOTAL PROJECT BUDGET 83 146 197 166 26 12 630 84,400 CITY OF TAMARAC ( Development Impact Fee Services E - 2 Tincble� 4Oliver www.tindateoliver.com