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HomeMy WebLinkAboutProfessional Service Agreement with BBC Research and Consulting for Impact Fee Consulting AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 2/ rfr day of frllb'l ",Iv- , 2006, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Idaho Avenue, Meridian, Idaho 83642, and BBC Research and Consulting, hereinafter referred to as "CONSULTANT", 3773 Cherry Creek North Drive, Suite 850, Denver, Colorado, 80209-3827, a ~organized under the laws of the State of Colorado. B. PREMISES: A. Whereas, City has the need to contract with a consultant for assistance with updating its development impact fee program; and, Whereas, CONSULTANT has agreed to contract with CITY according to the terms and conditions set forth in this agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services: CONSULTANT shall undertake the scope of services related to the analysis of park, police, and fire impact fees attached hereto as EXHIBIT "A" and incorporated herein by this reference. Consultant shall also add a component to the scope of seryices to analyze and recommend the implementation of an impact fee for sidewalks adjacent to collector and arterial roads. 2. Time of Performance: CONSULTANT shall immediately proceed to undertake the tasks set forth in the scope of services pursuant to the timelines stated therein. 3. Indemnification and Insurance: 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 caused or incurred by CONSULTANT, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CITY shall indemnify and save and hold harmless CONSULTANT ITom and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused by or incurred by CITY, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CONSUL T ANT or its employees. This mutual agreement to indemnify and save and hold harmless shall not be limited by any insurance limits and each party covenants and agrees to indemnify and save and hold harmless the other party from and for all such losses, claims, actions, or judgments for damages or liability to persons or property to the extent of liability caused by the party providing indemnification to the party seeking to be indemnified. In addition, CONSULTANT shall maintain and specifically agrees that it will maintain, through the term of this Agreement, Workers' Compensation, General Liability insurance, and Professional Agreement - Impact Fee Consulting Services - page 1 of 5 Errors and Omissions in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits herein provided, CONSULTANT covenants and agrees to indemnify and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. CONSUL T ANT, upon request, shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing Consultant's compliance with the requirements of this paragraph and file such proof of insurance with CITY. 4. Independent Contractor: In 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 CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: CONSULTANT shall be compensated for the work performed under this agreement an amount not to exceed Thirty Two Thousand Seven Hundred Fifty Dollars ($32,750.00). 6. Method of Payment: CONSULTANT will invoice the City of Meridian Accounting Department at 33 East Idaho Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices within thirty (30) days after receipt. 7. 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: City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 BBC Research and Consulting 3773 Cherry Creek North Drive, Suite 850 Denver, CO 80209-0448 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. 8. 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 Agreement - Impact Fee Consulting Services - page 2 of 5 be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 9. 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. 10. Assignment: It 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. 11. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Duplication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright 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 part, any reports, data or other materials prepared under this Agreement. 13. Termination for Cause: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, CITY shall thereupon have the right to terminate this Agreement 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 tennination. In such event, all finished or unfinished documents, data, maps, studies, surveys, drawings, models, photographs and reports prepared by CONSULTANT under this Agreement shall, at the option of CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of this Agreement by CONSULTANT, and CITY may withhold any payments to CONSULTANT for the purposes of offset until such time as the exact amount of damages due CITY from CONSULTANT are determined. This provision shall survive the termination of this Agreement and shall not relieve CONSULTANT of its liability to CITY for damages. CITY understands and acknowledges that CONSULTANT has the right to terminate due to cause instigated by CITY. In that situation, CONSULTANT would have the same rights as CITY identified herein. Agreement - Impact Fee Consulting Services - page 3 of 5 14. Termination for Convenience of CITY or CONSULTANT: CITY or CONSUL T ANT may tenninate this Agreement at any time by giving at least fifteen (15) days notice in writing to the other Party. If the Agreement is terminated by CITY, CONSULTANT will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services covered by this Agreement, less payments of compensation previously made. If this Agreement is terminated due to the fault of CONSULTANT or CITY, Section 17 hereof shall apply. 15. Construction and Severability: If 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. 16. 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. 17. 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. 18. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Bý CITY OF MERIDIAN Attest: EXHIBIT "A" SCOPE OF SERVICES Agreement - Impact Fee Consulting Services - page 5 of 5 Approach to Project (Scope of Service) We believe that the impact fee study methodology we have successfully employed in four other Rocky Mountain States (Arizona, Colorado, Nevada and Utah) is fully consistent with the relevant Idaho State Statutes. It includes: . Establishment of and consultation with a development impact fee advisory committee; . Analysis of current infrastructure service standards and identification of the growth- related portion of City infrastructure plans; . Preparation of a Capital Improvements Plan (CIP) pursuant to state law and public hearings regarding the same; . Forecast of residential and commercial growth; . Analysis of cash flow stemming from impact fees and other infrastructure financing sources (i.e., bonded indebtedness, special districts, General Fund contributions); . Implementation recommendations including impact fee credits, how fee revenues should be accounted for, and how the fees should be updated over time; and . Assistance to City legal staff in preparing an enabling ordinance. While most state's impact fee ordinances have many similarities, all present certain unique requirements. This is why we have augmented the technical economic and planning aspects of our team with demonstrated Idaho legal expertise on impact fees. Scope of service. We will prepare impact fees to support the cost of growth-related parks and recreation, law enforcement, fire and EMS, and sidewalk infrastructure in the City of Meridian. We propose the following five tasks - fully consistent with Idaho state statutes - that we have used successfully to calculate impact fees for other jurisdictions in the Rocky Mountain West. Task I. Project initiation . Task /-1. Contract execution. . Task /-2. Formalize schedule, development impact fee advisory committee and public input process. . Task /-3. "Kick-off' meeting with the development impact fee advisory committee. Scope of Services - 1 of 4 Task II. Analysis of current conditions, current financing systems, infrastructure requirements and new system options . Task II-I. Collect and review available data on current service levels for use in providing an introduction to service delivery issues and for developing infrastructure expansion cost estimates and service delivery standards. . Task II-2. Review and evaluate current long-tenD capital financing systems. . Task II-3. Analyze Meridian's current debt financing systems and document extent of current indebtedness; identify infrastructure that has been acquired with borrowed funds. . Task II-4. Review and evaluate Meridian's long~term infrastructure requirements as defined in the most recent CIP recognizing the four sources of infrastructure demand: repair/replacement of existing facilities, betterment of City service standards, institution of new services, and expansion of facilities for new development. . Task II-5. Hold a required public hearing on the CIP. Task III. Analysis of current and future land use . Task IIIwI. Collect data on current land use patterns in Meridian, including the acreage and square footage of different types of uses and the numbers and types of housing units. . Task III-2. Evaluate any existing projections or development trends, including population projections that indicate current direction of development in terms of physical locale and types of land use development. . Task III-3. Based on the above information, generate calculations documenting current development in Meridian and forecast of future development over the next 10 to 20 years, depending on availability of data. Task IV. Calculation of preliminary development fees . Task IV-I. Calculate preliminary fees. This will include the following steps: > Quantify capital costs (data from Task III) > Quantify unit costs (data from Task III to derive $/unit or $/sq.ft.) » Detennine land to development conversion ratios » Calculate revenue credits (bonded indebtedness) if appropriate » Prepare fee schedules and spreadsheets » Define benefit areas if appropriate » Develop a preliminary fee schedule Scope of Services. 2 of 4 . Task IV-2. Develop a plan for implementation and administration of proposed fees including "credit" procedures. . Task IV-3. Meet with the development impact fee advisory committee. . Task IV-4. Hold required public hearing on preliminary development impact fee schedule. Task V. Impact fee system final design and documentation . Task V-I. Final impact fee development. )0 Review and finalize fees )0 Review and finalize the fee implementation and administration recommendations including "credit" procedures )0 Submit a draft report )0 Review with development impact fee advisory committee )0 Final report (10 hard copies plus an electronic version) )0 Provide examples of other municipal enabling ordinances to City legal staff . Task V-2. Prepare cash flow analysis based on final fee schedule and Meridian growth projections. . Task V-3. Development of impact fee "Update Procedures Memo" including how "credits" applied against capital costs should be handled over time. . Task V-4. Presentation to City Council. During the course of this scope of work, we will make multiple trips to Meridian to conduct: project initiation and data collection (Tasks 1-3), required public hearings (Tasks 2 and 4), review of draft impact fees with City staff (Task 4), and public presentation of final impact fee system and review of update procedures with City staff (Task 5). Proposed Fees Our extensive impact fee experience and collaboration with Idaho-based subcontractors will allow us to complete this study for a fixed fee of $32,750 including all professional time and expenses. It is important to remember that our contract cost can be included in the fee calculations so that the participating jurisdictions recover the expense quickly. Scope of Services - 3 of 4 Exhibit 2 below summarizes our proposed budget according to the City's task descriptions. Exhibit 2. Proposed Budget . ,"" . .. . T BskOaçri~øns Per RFP '. . . Pri~ep~l'~~k Project Management, Presentations & Public Hearings Review« Update Existing Fee Categories $8,000 Parks and Recreation Impact Fee Consider New Fee Categories $6,000 Law Enforcement Impact Fees $7,500 $7,500 Fire and EMS Impact Fees Sidewalk Impact Fees ~ TOTAL BUDGET $32.750 Scope of Services - 4 of 4