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HomeMy WebLinkAbout11-19-07_Professional Services Agreement for Planning 23232_13 Report compiled on November 13, 2007 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Epple, Planning Director Chris Kukulski, City Manager SUBJECT: Contract for Law Enforcement Impact Fees MEETING DATE: Monday, November 19, 2007 RECOMMENDATION: Authorize the City Manager to sign the contract. BACKGROUND: Section 7-6-1601(7), MCA specifically includes police as one of the items defined as a public facility for which an impact fee may be charged. The cities of Missoula and Helena are currently investigating this option. The City has obtained a scope of services and cost to prepare a law enforcement impact fee study. This fee would only be for capital costs associated with expanding the City’s law enforcement ability such as expanded buildings. The fee study will exclude from any proposed fee those costs due to existing needs. The City recently adopted a long range plan for police facilities and staffing. The recently passed mil levy will address the funding issues related to personnel and operations and those costs will be excluded from the impact fee study. UNRESOLVED ISSUES: Does the Commission wish to proceed with this contract. FISCAL EFFECTS: The update will occur in the 2008 fiscal year. The study has a contract amount of $39,460. If a law enforcement impact fee is ultimately adopted it will provide funding to construct needed facilities which will reduce demand on other possible funding sources. There would be an incremental cost to administer the contract and any adopted fee. ALTERNATIVES: As suggested by the City Commission. CONTACT: Please contact Chris Saunders at csaunders@bozeman.net or 582-2260 if you have questions on this item. APPROVED BY: Chris Kukulski, City Manager Andrew Epple, Planning Director Attachments: Scope of services and professional services agreement 90 PROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES This Agreement is made this __ day of ______, 2007, by and between CITY OF BOZEMAN, P.O. Box 1230, Bozeman, Montana, a Municipal Corporation of the State of Montana, ("City"), and Tindale-Oliver & Associates, 1595 S. Semoran Blvd., Building 7, Suite 1540, Winter Park, FL 32792 ("Consultant"). RECITALS A. City desires to employ Consultant to furnish specific services of a professional planning and financial nature. B. Consultant agrees to furnish such services in accordance with the conditions herein provided and will carry out the duties and obligations imposed by the Contract. C. The City of Bozeman designates the Director of Planning and Community Development as the representative to administer this contract. D. Articles 1, 2, 5 and 13 of this agreement allow for revision upon mutual written agreement of the parties. AGREEMENT Subject to the provisions herein set forth and in consideration of the mutual covenants herein contained, Consultant agrees to furnish, and the City agrees to accept, certain specified services and products to include; creation of a Law Enforcement impact fee study, more fully described in Attachment A. Such services and products shall be referred to as the Work. All services described herein are to be performed by Consultant and/or its contractors in accordance with the most commonly accepted standards and practices of the impact fee development field. Consultant will use final product technologies that are acceptable to the City in order to satisfy the broadest distribution of the document possible. Article 1. CONTRACT TIME. The Work will be completed within 270 calendar days after the date of this agreement. The total time may be adjusted at the mutual written agreement of both City and Consultant. Article 2. CONTRACT PRICE. OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents the total sum (subject to adjustment as provided in the Contract Documents) of Thirty-Nine Thousand Four Hundred Sixty Dollars ($39,460). CONTRACTOR recognizes that the total sum is the aggregated amount all services described in the scope in Attachment A. OWNER retains the right to a refund contingent upon satisfactory completion of the Work in accordance with this agreement. The total sum may be adjusted at the mutual written agreement of both City and Consultant. Article 3. PAYMENT PROCEDURES. Not more than 90% (ninety percent) of Payment will be provided by OWNER to CONTRACTOR upon submittal of monthly invoices. Remaining Payment will be provided by OWNER to CONTRACTOR upon completion of the entire Work. Payment will not exceed 60% of the contract price prior to delivery of the initial public review draft of the work. OWNER retains the right to a refund contingent upon satisfactory completion of the Work in accordance with this agreement. Article 4. CONTRACTOR’S REPRESENTATIONS. 91 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 4.1 CONSULTANT has familiarized himself with the nature and extent of the Contract, Work, locality, and with all local conditions and federal, state and local laws, growth policies, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 4.2 CONSULTANT represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. Article 5. SCOPE OF WORK The Work shall consist of the preparation of the work described in the Scope of Services contained in Attachment “A”. If CITY wishes CONSULTANT to perform additional services, CITY shall so instruct CONSULTANT in writing. The performance, cost, and time frame of the additional services shall be subject to mutual written agreement of both City and Consultant. Article 6. INSURANCE CONSULTANT agrees to keep in force during the entire period of this Agreement professional liability insurance and such general liability insurance as will protect it and the City from claims, including claims under worker's compensation and other employee benefit laws that are applicable, for bodily injury and death, and for property damage that may arise out of work under this agreement whether directly or indirectly by CONSULTANT, or directly or indirectly by sub- contractors hired by CONSULTANT. Minimum liability limits shall not be less than $1.0 million general liability and $1.0 million automobile liability. CONSULTANT shall provide proof of workers compensation insurance at the State statutory limits, unless CONSULTANT provides an exemption from the State Department of Labor & Industry. The City has the right to require that the City be named as an additional insured under said insurance coverage. Article 7. INDEMNITY Consultant shall indemnify and hold harmless the City, its officers, directors, and employees, against any and all claims, that arise from the negligent performance of the Consultant’s work herein described. The obligations of the Consultant to indemnify and hold harmless the City of Bozeman will apply to any suit, cause of action, claim, loss, cost or obligation including, without limitation, those alleged under the common law or pursuant to a federal or state statute or regulation including those arising from the negligent acts, errors or omissions of the Consultant. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. Article 8. INDEPENDENT CONTRACTOR CONSULTANT acknowledges that the services rendered under this Agreement shall be solely as an independent contractor. CONSULTANT shall not enter into any contract or commitment on behalf of City. CONSULTANT further acknowledges that it is not considered an affiliate or subsidiary of City, and is not entitled to any City employment rights or benefits. It is expressly understood that this undertaking is not a joint venture. 92 Article 9. GRANT / WORK MADE FOR HIRE To the extent that CONSULTANT‘S Work includes any work of authorship entitled to protection under the copyright laws of the United States or elsewhere, the parties agree that: CONSULTANT'S Work has been specially ordered and commissioned by the City as a contribution to a collective work, a supplemental work, or such other category of work as may be eligible for treatment as a "work made for hire"; CONSULTANT is an independent contractor and not an employee, partner, joint author or joint venturer of the CITY; CONSULTANT'S Work shall be deemed to be a "commissioned work" and a "work made for hire" to the greatest extent possible under the law; and the CITY shall have the right to use, execute, reproduce, display, perform, distribute internally or externally, and prepare derivative works of the CONSULTANT'S Work. To the extent that CONSULTANT'S work is not properly characterized as a "work made for hire," then CONSULTANT shall, at its own expense, cause the CITY to have and obtain the right and license to use, execute, reproduce, display, perform, distribute internally or externally, and prepare derivative works based upon all such works and derivative works thereof and shall provide to the CITY a written license granting the CITY such rights. It is the intent of the parties that the specific work subject to said license shall be comprised of text, illustrations, calculations, photographs, and all other works Consultant copies that may belong to third parties for which license for use is required. Article 10. OFFICE RULES CONSULTANT shall comply with all office rules and regulations, including security requirements, when on City premises. Article 11. CONFLICT OF INTEREST CONSULTANT shall not offer or give a gratuity of any type to any City employee or agent. Article 12. GOVERNING LAW This Agreement shall be construed and enforced in accordance with the laws of the State of Montana. In the event of dispute regarding the terms of this Agreement, the parties agree to attempt mediation of the conflict prior to pursuing litigation. Venue shall be in Gallatin County, 18th Judicial District. Article 13. ENTIRE AGREEMENT AND NOTICE This Agreement contains the entire understanding of the parties and may not be amended without the specific written consent of both parties. Any notice given under this Agreement shall be sufficient if it is in writing and if sent by certified or registered mail. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above written. CONSULTANT By:______________ President CITY OF BOZEMAN 93 By:______________ Chris Kukulski, City Manager ATTEST: Stacy Ulmen, City Clerk _____________________________ 94 Tindale-Oliver & Associates, Inc.City of Bozeman October 12, 2007 1 Law Enforcement Impact Fee Study SCOPE OF SERVICES CITY OF BOZEMAN LAW ENFORCEMENT IMPACT FEE STUDY Prepared by Tindale-Oliver & Associates, Inc. (October 12,2007, v2) At the request of the City of Bozeman, a scope of services was prepared to guide the City in their implementation of a law enforcement impact fee program. Tindale-Oliver & Associates (TOA)prepared numerous law enforcement impact fee studies for cities and counties.TOA is also evaluating the possible implementation of eight impact fees for the City of Helena, including law enforcement. Additionally, through our on-going work in Bozeman and Helena, TOA is extremely familiar with the Montana State Legislation on impact fees.TOA’s experience related to law enforcement impact fees and Montana Impact Fee Legislation will be extremely beneficial in the preparation of a law enforcement impact fee study for the City of Bozeman. The scope of services is organized into four tasks: Task 1:Data Collection / Background Review Task 2:Develop Law Enforcement Impact Fee Task 3:Indexing and Revenue Estimates Task 4:Facilitate Meetings and Presentations These tasks are summarized in the remainder of this scope of services. TASK 1:DATA COLLECTION / BACKGROUND REVIEW Upon receipt of the notice to proceed, the Consultant will prepare and forward to the City’s Project Manager a Data Needs Memo. It is requested that the City’s Project Manager assemble as much of the requested data as possible and have it available at the kickoff meeting. The Consultant will facilitate a kickoff meeting with key members of City staff to receive available information related to the project, identify and discuss major technical and policy issues, coordinate staff/Consultant responsibilities, and refine the project schedule, as necessary. The City will provide to the Consultant, without charge, copies of all relevant plans, studies, and documents needed to perform the project tasks. The Consultant will review the background material and summarize data gaps and responsibilities resulting from the kickoff meeting. 95 Tindale-Oliver & Associates, Inc.City of Bozeman October 12, 2007 2 Law Enforcement Impact Fee Study TASK 2:DEVELOP LAW ENFORCEMENT IMPACT FEE The evaluation of the law enforcement facilities program will result in an impact fee that reflects the capital costs to provide law enforcement services in the City of Bozeman. This work effort is summarized in this section and includes the development of an inventory of existing facilities and level of service; preparation of a demand component; and a review of the land, construction, and equipment costs and credits. Subtask 2.1 -Inventory of Existing Facilities, Standards, and Level of Service The City will provide an inventory of existing police stations and equipment. This will include the description, square footage/units,acreage,year built/acquired, and historical and replacement costs. The level of service, expressed as the number of officers per functional resident, will be updated based on current population information. This analysis will be documented in the Technical Report for this task. Subtask 2.2 -Develop Demand Component As part of this subtask, the Consultant will develop the demand component for the Law Enforcement Impact Fee Program.The demand component will be based on the LOS determined in Subtask 2.1.The Consultant will then develop an impact fee land use schedule for the law enforcement impact fee program. The impact fee schedule will consider both residential and non-residential land uses as determined appropriate by the Consultant. Subtask 2.3 -Develop Cost Component The Consultant will review inventory data and determine the law enforcement inventory of facilities, land, vehicles, and equipment. This inventory will be used in the development of the cost component. The Consultant will review the Capital Improvements Program and other relevant documents to identify law enforcement system improvements that may be considered in the base rate calculations of the cost component. The Consultant will review historical capital improvement cost information from the City of Bozeman. This information,as well as cost levels observed in other jurisdictions,will be used to prepare suitable estimates of the law enforcement impact fee equation input variable for capital improvement costs. The capital improvement cost estimates will consider land, building construction, vehicles, and equipment. 96 Tindale-Oliver & Associates, Inc.City of Bozeman October 12, 2007 3 Law Enforcement Impact Fee Study Subtask 2.4 -Develop Credit Component The Consultant will review historical and projected capital improvement funding sources and expenditures for land, construction, and equipment in Bozeman. This information will be used to prepare suitable estimates of the law enforcement impact fee equation credit component. Subtask 2.5 -Develop Technical Memorandum The Consultant will document the work efforts completed in the above tasks in a Summary Technical Report. This Report will be forwarded to City staff for review. A meeting will occur with City staff to review the Summary Technical Report. One set of revisions will be made to the draft Summary Technical Report.The final Summary Technical Report will be presented to the Impact Fee Review Committee and City Commission at workshops to be scheduled by the Project Manager. TASK 3:INDEXING AND REVENUE PROJECTIONS This Task will consist of the following subtasks. Subtask 3.1 –Indexing In many cases, impact fees are reviewed periodically as opposed to on an annual basis. If no adjustment to the impact fee schedule is made during this period, a situation can be created where major adjustments to the impact fee schedule become likely to be required due to the time between the adjustments. The need for significant adjustments also creates major concerns in the development community. To address this issue, the proposed fees could be indexed annually for building,land and equipment cost increases, as appropriate. As part of this Task, the Consultant will develop an index for the law enforcement impact fee. The index will rely primarily on land value increases in Bozeman, Engineering- News Record for construction cost increases, and Consumer Price Index for equipment cost increases. Subtask 3.2 –Revenue Projections The Consultant will prepare revenue projections for the law enforcement the impact fee program area.These estimates will rely on building permit activity and population growth. 97 Tindale-Oliver & Associates, Inc.City of Bozeman October 12, 2007 4 Law Enforcement Impact Fee Study TASK 4. MEETINGS AND PRESENTATIONS This task includes meetings and presentations for the project. A total of 4 trips to the City of Bozeman are budgeted as summarized below. Subtask 4.1 –Kick-off Meeting A meeting will be held with City staff to kick-off the project and discuss data needs and methodologies as appropriate.This meeting is budgeted as a trip for TOA. Subtask 4.2 –Meeting with City Staff One meeting with City staff is included to review the draft report and prepare for and strategize about the presentation to the Impact Fee Advisory Committee and City Commission.This meeting is budgeted as a trip for TOA. Subtask 4.3 –Presentation to the Impact Fee Review Committee One meeting is included to present the draft report to the Impact Fee Advisory Committee.This meeting is budgeted as a trip for TOA. Subtask 4.4 –Workshop and Presentation for the City Commission A workshop is included to review policy issues and recommendations with the City Commission. In addition, a presentation is included to be used as deemed appropriate by City staff.This meeting is budgeted as a trip for TOA. The scope of services does not include the legal services for updating the impact fee code to include law enforcement.However, if the City desires, TOA is able to update the City’s ordinance through its legal subconsultant, White Smith, LLC. PROJECT BUDGET The services outlined in the scope of services will be provided for the lump sum fee presented below. This amount includes all professional fees and expenses.The following is the distribution of this fee among the tasks. Invoices for services rendered under this agreement will be sent to the City on a monthly basis and will be based on the percent complete for Tasks 1 through 4. 98 Tindale-Oliver & Associates, Inc.City of Bozeman October 12, 2007 5 Law Enforcement Impact Fee Study Task Total Fee Task 1 –Data Collection / Background Review $2,916 Task 2 –Develop Law Enforcement Impact Fee $10,828 Task 3 –Indexing and Revenue Projections $2,964 Task 4 –Facilitate Meetings and Presentations (5)$16,227 Project Expense $6,525 Total $39,460 If the City chooses to conduct the kick-off and staff draft report review meetings via conference call or coincide them with when TOA is in Bozeman for the on-going transportation impact fee update study, then the meeting and expense budget will be decreased based on budgeted estimates used to develop the above budget. This budget is valid for 90 days and assumes that the City of Bozeman will provide all of the requested data at no cost to the Consultant. PROJECT SCHEDULE The Project Schedule is contingent upon receiving the data and information from City staff. The draft Technical Report will be submitted within two months of receiving the requested data and information. The list of necessary data will be provided immediately following Notice to Proceed with the intent of collecting the requested data and information at the kick-off meeting with City staff. 99