HomeMy WebLinkAboutRaftelis Financial Consultants - Impact FeeAGREEMENT FOR PROFESSIONAL SERVICES
TO UPDATE IMPACT FEES FOR PARKS, POLICE AND FIRE
BY RAFTELIS FINANCIAL CONSULTANTS
THIS AGREEMENT FOR PROFESSIONAL SERVTCES is made this 15th day of
June, 20'18, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of ldaho, hereinafter referred to as
'ClTY", 33 East Broadway Avenue, Meridian, ldaho 83642, and Raftelis Financial
Consultants, lnc., hereinafter referred to as "CONSULTANT", whose business address
is 5619 DTC Parkway Suite 850 Greenwood Village, CO 80111.
INTRODUCTION
Whereas, the City has a need for services involvlng professional
consulting services; and
WHEREAS, the Consultant is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Services:
1.1 CONSULTANT shall perform and furnish to the City upon execution of this
Agreement and receipt of the City's written notice lo proceed, all services, and
comply in all respects, as specified in the document titled "Scope of Services,, a
copy of which is attached hereto as Attachment "A" and incorporated herein by
this reference, together with any amendments that may be agreed to in writing by
the parties.
1.2 All documents, drawings and written work product prepared or produced by
the Consultant under this Agreement, including without limitation electronic data
files, are the prope(y of the Consultant; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. lf any
such work is copyrightable, the Consultant may copyright the same, except thai,
as to any work which is copyrighted by the Consultant, the City reseryes a royalty-
free, non-exclusive, and irrevocable license to reproduce, publish and use'suih
work, or any part thereof, and to authorize others to do so.
1.3 The Consultant shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
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state and city laws, ordinances, regulations and resolutions. The Consultant
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Consultant
and any reports or opinions prepared or issued as part of the work performed by
the Consultant under this Agreement, Consultant makes no other warranties,
either express or implied, as part of this Agreement.
1.4 Services and work provide by the consultant at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Consultant shall be compensated on a time and material basis as
provided in Attachment B "Payment Schedule" attached hereto and by reference
made a part hereof for the Not-to-Exceed amount of $55,810.
2.2 The Consultant shall provide the City with a monthly statement, as services
warrant, of fees earned and costs incurred provided per Attachment B., which the
City will pay within 30 days of receipt of a correct invoice and approval by the City.
The City will not withhold any Federal or State income taxes or Social Security Tax
from any payment made by City to Consultant under the terms and conditions of
this Agreement. Payment of all taxes and other assessments on such sums is the
sole responsibility of Consultant.
3. Time of Performance:
This agreement shall become effective upon execution by both parties, and shall
expire upon completion of the agreed upon services, or unless some other method
or time of termination is listed in Attachment A.
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2.3 Except as expressly provided in this Agreement, Consultant shall not be
entitled to receive from the City any additional consideration, compensation,
salary, wages, or other type of remuneration for services rendered under this
Agreement., including, but not limited to, meals, lodging, transportation, drawings,
renderings or mockups. Specifically, Consultant shall not be entitled by virtue of
this Agreement to consideration in the form of overtime, health insurance benefits,
retirement benefits, paid holidays or other paid leaves of absence of any type or
kind whatsoever.
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4. lndependentContractor:
4.1 ln all matters pertaining to this agreement, CONSULTANT shall be acting
as an independent contractor, and neither CONSULTANT nor any officer,
employee or agent of CONSULTANT will be deemed an employee of ClTy. Exceptas expressly provided in Attachment A, Consultant has no authority or
responsibility to exercise any rights or power vested in the City. The selection and
designation of the personnel of the CITY in the performance of this agreement
shall be made by the CITY.
4.2 Consultant shall determine the method, details and means of performing the
work and services to be provided by Consultant under this Agreement. Consultant
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Consultant in fulfillment of this Agreement.
5. lndemnification and lnsurance:
CONSULTANT shall indemnify and save and hold harmless CITY from and for any
and all losses, claims, actions, judgments for damages, or injury to persons or
property and losses and expenses and other costs including litigation costs and
attorney's fees, arising out of, resulting from, or in connection with the negligent
acts and/or errors or omissions by the CONSULTANT, its servants, agents,
officers, employees, guests, and business invitees, and not caused by or arising
out of the tortuous conduct of CITY or its employees. CONSULTANT shall
maintain, and specifically agrees that it will maintain, throughout the term of this
Agreement, liability insurance in the minimum amounts as follow, General Liability
One Million Dollars ($1,000,000) per incident or occurrence, professional Liability/ Professional errors and omissions One Million Dollars (91 ,000,000) aggregate,
Automobile Liability lnsurance One Million Dollars ($1,000,000) per incident or
occurrence and Workers' Compensation lnsurance, in the statutory limits as
required by law. The CITY shall be named an additional insured on both General
Liability and Automotive policies. The limits of insurance shall not be deemed a
limitation of the covenants to indemnify and save and hold harmless ClTy; and if
CITY becomes liable for an amount in excess of the insurance limits, herein
provided, CONSULTANT covenants and agrees to indemnify and save and hold
harmless CITY from and for all such losses, claims, actions, or judgments for
damages or injury to persons or property and other costs, including litigation costs
and attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Consultant or Consultant,s officers,
employs, agents, representatives or subcontractors and resulting in or attributableto personal injury, death, or damage or destruction to tangible or intangible
property, including use of. CONSULTANT shall provide ClTy with a Certificate of
lnsurance, or other proof of insurance evidencing CONSULTANT,S compliance
with the requirements of this paragraph and file such proof of insurance with theclrY at least ten (10) days prior to the date consultant beglns performance of its
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obligations under this Agreement. ln the event the insurance minimums are
changed, CONSULTANT shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, ldaho 83642.
Notices: Any and all notices required to be given by either of the parties hereto,
unless otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
ctw CONSULTANT
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Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
Attorney Fees: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any
other relief as may be granted, to court costs and reasonable attorneys,fees as
determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default,
termination or forfeiture of this Agreement.
City of Meridian
Purchasing Manager
33 E Broadway Ave
Meridian, lD 83642
208-888-4433
Email:
kwatts@meridiancity.org
Raftelis Financial Consultants, lnc.
Attn: Dwayne Guthrie
7272 E. lndian School Rd, Suite 540
Scottsdale, M 85251
Phone: 480.757.4646
Email: dguthrie@raftelis.com
Time is of the Essence: The parties hereto acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition and provision
hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of, and a default under, this Agreement by the party so failing
to perform.
Assignment: lt is expressly agreed and understood by the parties hereto, that
CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any
of its rights under this Agreement except upon the prior express written consent of
CITY.
Discrimination Prohibited: ln performing the Services required herein,
coNSULTANT shall not unlawfully discriminate in violation of any federal, state or
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local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
11. Reports and lnformation:
11.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
11.2 Consultant shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and
every other means of recording upon any tangible thing, any form of
communication or representation including letters, words, pictures, sounds or
symbols or any combination thereof.
12 Audits and lnspections: At any time during normal business hours and as often
as the CITY may deem necessary, there shall be made available to the ClTy for
examination all of CONSULTANT'S records with respect to all matters covered by
this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make
excerpts or transcripts from such records, and to make audits of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment and
other data relating to all matters covered by this Agreement.
13.Publication, Reproduction and Use of Material: No material produced in whole
or in part under this Agreement shall be subject to mpyright in the United States
or in any other country. The CITY shall have unrestricted authority to publish,
disclose and otherwise use, in whole or in pa(, any reports, data or other materials
prepared under this Agreement.
Compliance with Laws: ln performing the scope of services required hereunder,
CONSULTANT shall mmply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
15.
14.
16.
Changes: The CITY may, from time to time, request changes in the Scope of
Services to be performed hereunder. Such changes, including any increase or
decrease in the amount of CONSULTANT'S compensation, which are mutually
agreed upon by and between the CITY and CONSULTANT, shall be incorporated
in written amendments to this Agreement.
Termination: lf, through any cause, CONSULTANT, its officers, employees, or
agents fails to fulfill in a timely and proper manner its obligations under thls
Agreement, violates any of the covenants, agreements, or stipulations of this
Agreement, falsifies any record or document required to be prepared under this
agreement, engages in fraud, dishonesty, or any other act of misconduct in the
performance of this contract, or if the city council determines that termination of
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this Agreement is in the best interest of CITY, the CITY shall thereupon have the
right to terminate this Agreement, in part or in its entirety, by giving written notice
to CONSULTANT of such termination and specifying the effective date thereof at
least fifteen (15) days before the effective date of such termination.
CONSULTANT may terminate this agreement at any time by giving at least sixty
(60) days' notice to CITY.
ln the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONSULTANT under this Agreement
shall, at the option of the CITY, become its property, and CONSULTANT shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
Notwithstanding the above, CONSULTANT shall not be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement
by CONSULTANT, and the CITY may withhold any payments to CONSULTANT
for the purposes of set-off until such time as the exact amount of damages due the
CITY from CONSULTANT is determined. This provision shall survive the
termination of this agreement and shall not relieve CONSULTANT of its liability to
the CITY for damages.
Construction and Severability: lf any part of this Agreement is held to be invalid
or unenforceable, such holding will not affect the validity or enforceability of any
other part of this Agreement so long as the remainder of the Agreement is
reasonably capable of completion.
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Advice of Attorney: Each party warrants and represents that in executing this
Agreement. lt has received independent legal advice from its attorney's or the
opportunity to seek such advice.
Entire Agreement: This Agreement contains the entire agreement of the parties
and supersedes any and all other agreements or understandings, oral of written,
whether previous to the execution hereof or contemporaneous herewith.
Public Records Act: Pursuant to ldaho Code Section 9-335, et seq., information
or documents received from the Contractor may be open to public inspection and
copying unless exempt from disclosure. The Contractor shall cleady designate
individual documents as "exempt" on each page of such documents and shall
indicate the basis for such exemption. The CITY will not accept the marking of an
entire document as exempt. ln addition, the ClTy will not accept a legend or
statement on one ('1) page that all, or substantially all, of the document is exempt
from disclosure. The Contractor shall indemnify and defend the ClTy against all
liability, claims, damages, losses, expenses, actions, attorney fees and suits
whatsoever for honoring such a designation or for the Contractor,s failure to
designate individual documents as exempt. The Contractor's failure to designate
as exempt any document or portion of a document that is released by the ClTy
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18.
19.
20.
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shall constitute a complete waiver of any and all claims for damages caused by
any such release.
21. Confidentiality: Consultant understands and acknowledges that all tests and
results (confidential information) are intended solely for the City. Consultant
agrees to hold all confidential information in confidence and will not disclose the
confidential information to any person or entity without the express prior written
consent of City.
22, Applicable Law: This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Idaho, and the ordinances of
the City of Meridian.
23. Approval Required: This Agreement shall not become effective or binding until
approved by the City of Meridian.
CITY OF MERIDIAN
BY:
TAMMY de W D, MAYOR
Dated: 7 / lo l klq
RAFTELIS FINANCIAL CONSULTANTS,
INC.
BY.
RICHARD D. GIARDINA, EXECUTIVE VICE
PRESIDENT
Dated: _ OIA-A,
3 � 0/
Approved by Council' 7 / lo / WL
Attest:
C.JAY LES, I Y RK
Purchasing Approval
BY: /
KEITH S, urchasing anager
Dated::��5�/ p�
QO' Prp UCVST
04 'so
2
of IDAHO
\yam SEAL
Department Approval
BY:
Dated::
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,cc �� f S 9 nano ,aQ
Attachment A
Consultant will update current city impactfees to support the cost of growth-related parks
and recreation, law enforcement and fire and EMS infrastructure in the City of Meridian.
Consultant will provide the following five tasks:
Task l- Project lnitiation, Data Collection and Detailed Scheduleo Task 1.1 - Contract execution.o Task 1.2 - Formalize schedule with impact fee advisory committee and
public input process.. Following this meeting, Consultant will submit a Gantt chart providing
detail on project schedule, major milestones, deliverables and
meetings (impact fee advisory committee and public hearings).o Task 1.3 - "Kick-off' meeting with City staff.
Task ll - Demographics, Land Use Assumptions and Fee-Structure Alternativeso Task ll.1 - Collect data on current land use in Meridian, including square
footage of different types of uses and the number of housing units.o Task ll.2 - Evaluate existing projections and development trends, including
population projections and types of development.o Task ll.3 - Document current development in Meridian and forecast future
development over 20 years
o Task ll.4 - Provide future land use projections to the lmpact Fee Advisory
Commiftee for their review pursuant to state statute.o Task ll.5 - Collect data on current occupants living within a single family
home as compared to current occupants living within a multi-family home or
or bby residential size thresholds and propose creating a tiered lmpact Fee
schedule for the City.
Task lll - lnfrastructure Standards, Growth-Related Capital Needs and Funding
Sources
o Task lll.'l - Collect, review, and update data on current service levels and
infrastructure expansion cost estimateso Task lll.2 - Review and evaluate current long-term capital financing
systems.
o Task lll.3 - Review and evaluate Meridian's ten-year infrastructure
requirements as defined in the most recent Comprehensive Financial plan
(CFP) recognizing the four sources of infrastructure demand:
'1 . repair/replacement of existing facilities
2. betterment of City service standards
3. institution of new services
4. expansion of facilities for new development. This task will include interviews with finance, police, fire, and parks
staff to derive the growth-related portions of future capital projects.o Consultant envisions a data transfer from the city in advance
of the kick-off meeting and these interviews will be held during
our initial trip to Meridian.o Task lll.4 - Hold a required public hearing on the CFp.
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. This will occur concurrently with the public hearing on the fee system
ordinance amendment (Task V.4).
Task lV - Presentation of Preliminary Development Feeso Task lV.1 - Calculate preliminary fees. This will include the following steps:. Quantify capital costs (data from Task lll). Quantify unit costs (data from Task lll to derive g/unit or $/sq.ft.). Prepare fee schedules and spreadsheets. Define benefit areas if appropriate. Develop a preliminary fee schedule. Circulate presentation to city staff and impact fee advisory
committeeo Task lV.2 - Meet with city staff and the impact fee advisory committee to
present the preliminary fee schedule and review the CFP.. The impact fee advisory committee will have the opportunity to
prepare and file any written comments on the CFP and draft fee
schedule at this time. Consultants expect the impact fee advisory
committee to provide a recommendation to the city council following
this meeting.
Task V -Report, lmplementation Assistance and Final Presentationo Task V.'l - Final impact fee development.. Review and finalize fees. Final report (10 hard copies plus an electronic version)o Task V.2 - Prepare cash flow analysis based on final fee schedule and
Meridian growth projections.
o Task V.3 - Revise impact fee "Procedures Memo" including how "credits,,
applied against capital costs should be handled over time, and annual
impact fee adjustment procedures. Provide a discussion of the fiscal
impacts of the temporary impact fee holiday.o Task V.4 - Hold required public hearing on CFP and impact fee ordinance
amendment.. During the course of this scope of work, Consultant will make three
trips to Meridian and hold up to seven web-meetings using
presentation slides and interactive audio. A Detailed project
Schedule will be agreed upon during Task '1 .
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Attachment B
MILESTONE / PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall be based on a time
and materials basis in the amount not to exceed of $55,810.00.
TASK DESCRIPTION ESTIMATED
AMOUNT
Task I Project initiation, data collection and detailed
schedule
$8,290
Demographics, land use assumptions and fee-
structure alternatives
$9,480
Task lll lnfrastructure standards, grou/th-related capital
needs and funding sources
$9,480
Task lV Presentation of preliminary development fees $11,360
Task V $11,360
Travel and
Expenses
$5,840
NOT TO EXCEED TOTAL $55,810
Hourlv Rate Schedule
Rick Giardina (Project Director)$325
Dwayne Guthrie (Project Manager)$235
Robert Wadsworth (Senior Consultant)$205
Administration $75
Travel expenses, if applicable, will be paid at no more than the City of Meridian,s Travel
and Expense Reimbursement Policy.
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Task ll
Report, implementation assistance and final
presentation
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