Loading...
1990-15 8 8 BSsH Reynolds, Smith and Hills, Inc. 6737 Southpoint Drive South (32216-6177) P.O. Box 4850 Jacksonville, Florida 32201.4850 904/739.2000 FAX 904/731.1673 Mr. Wayne Saunders City Manager City of Clermont #1 Westgate Plaza Clermont, Florida eto-- 0/5 34711 Re: Consent to Assignment of Contracts Dear Mr.ISaunders: We are writing to inform you of the pending acquisition of certain assets of the architectural, engineering and planning ("AEP") division of Hunter Services, Inc., its predecessors and affiliates (collectively, "Hunter") by Reynolds, Smith and Hills, Inc. ("RS&H"), a newly formed Florida corporation with seven offices in the Southeast and consisting of the approximately 500 employees currently performing the AEP work of Hunter. To ensure a smooth transfer of the rights and obligations accompanying these assets and effectively to document the acquisition, we need your consent to the assignment to RS&H by Hunter of that certain Agreement dated April 4, 1990 by and between the City of Clermont, Florida, and Hunter Services, Inc., a copy of which is attached hereto as Exhibit "A" (the "Agreement"). Therefore, to evidence your consent to the assignment of the Agreement to RS&H so that we may complete your work, please sign in the space provided below and return this letter to us in the enclosed, self-addressed, stamped envelope on or before April 16, 1990. We at RS&H are excited about the opportunity of being employee-owned and believe this will allow us to enhance the already high quality of AEP services you have come to expect. We look forward to serving you in the future, and if you have any questions or concerns, please do not hesitate to contact Mr. Ron Ratl ff, David K. Robertson or me. Acknowledged anq agreeq to this ~4.AL - By: ayne Saunders Title: City Manager ( day of 4r r' / , 1990. cc: Mr. Thomas o. Jackson 8 Exhibit A 8 AGREEMENT THIS AGREEMENT is made this 4th day of Apri 1 , 1990, by and between the CITY OF CLERMONT, FLORIDA, hereinafter "City" and Hunter Services, Inc., hereinafter" Consultant. " BASIC SERVICES 1 . Consultant hereby undertakes to perform an impact fee study for the City in accordance with the "Scope of Services" incorporated herein by reference and attached hereto as "Exhibit A". ADDITIONAL SERVICES 2 A. If authorized in writing by City, Consultant will furnish additional services of the following types, which will be paid for as indicated in paragraphs 4 and 5 hereinafter. 1. Additional work due to significant changes in general scope and coverage of the project or its design including, but not linuted to, changes in SlZe, complexity I character I or directlon. 2. Revision of previously approved studles or reports when such revisions are due to causes beyond the control of Consultant. 3. Preparation to serve or serving as a witness for the City in any litigation or administrative proceedings or procedure involving the study or plans related to study recommendations. 4. Other services as the City may request. 2 B. If through no fault of the Consultant, policies or regulations adopted or implemented by the City, which are related to the subject of this study, shall result in the Consultant having to defend the City in any l1tigation or administrative procedures the City shall compensate the Consultant for tlrne and expenses incurred in such defense as set forth in Paragraphs 4 and 5 hereinafter. COMPENSATION FOR SERVICES 3, The City will pay to Consultant for services performed under Paragraph 1, above, a lump fee of $26,500,00 inclusive of all costs and expenses. 4. Progress payments shall be due and payable monthly in proportlon to the percentage of completion of services by task, as set forth m Exhibit" A" as approved and accepted by the City, 8 8 5. Should the City request the Consultant to perform addltlOnal serVlces not outl1ned in "Exhibit A", the cost of such services will be estimated by the Consultant and shall be subject to approval by the City and shall be payable as described under Paragraph 4, above. RESPONSIBILITIES OF THE CITY 6. The City shall designate a representatlve, hereinafter called the "representative", to act on the City's behalf with respect to the Work, The City or its Representative shall examine the documents submitted by the Consultant and' shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Consultant's services. 7, The City shall furnish all available facility inventory and cost data, and other data as may be agreed upon between City and Consultant to the Consultant in an expeditious manner. NOTICES 8. All notices from the City to the Consultant shall be deemed duly served if mailed by registered or certified mall to the Consultant at the following address: Thomas O. Jackson Senior Consultant Hunter Services, Inc. 6737 Southpoint Drive South Jacksonville, Florida 32216 All notices from the Consultant to the City shall be deemed duly served 1f mailed by registered or certified mail to the Clty to: Wayne Saunders Clty Manager City of Clermont #1 Westgate Plaza Clermont, Florida 32711 The Consultant and the City may change the above mailing address at any time upon givmg the other party written notification, All notices under nus Agreement must be in writing. TERMINATION 9. This Agreement may be termmated by the City upon completion of any task or upon written notice to Consultant, Should this Agreement be terminated prior to the completion of a task then under way, Consultant shdlJ. submit its detailed statement for payment for serVlces performed through the date of terminatlon, Should notice to terminate be received by Consultant whll~ 8 8 in the process of performing any task, the City shall be so adv15ed, and the City shall have the option of having said work or portion thereof completed. 10. All documents produced, generated, or acquired in performance of this Agreement including reports, original drawings, sketches, estimates, specificatlons, pictures, maps, field notes and data are and remain the property of the City and shall be provided to the City upon completion or terminatIon of this Agreement. These documents will be provided without costs additional to those included under Paragraph 4, above. INSURANCE AND LIABILITY 11. a. Workers' Compensation: Consultant shall secure and maintain coverage to apply for all employees for statutory Limits in compliance with the applicable state and federal laws. The policy will include Employers' Liability with a minimum limit of $100,000 each accident. b. Comprehensive General Liability: Consultant shall have minimum limits of $500,000 Per Occurrence Combined Single Limit for Bodlly Injury Liability and Property Damage Liability. This shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operation, Broad Form Property Damage and XCU Coverage, and a Contractual Liability Endorsement. c. Business Auto Policy: Consultant shall have minimum limits of $500,000 Per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership, DEFAULT 12. Should any legal action be brought by either party hereto for breach of any provision of this Agreement, each party shall bear its own legal expenses and costs of litigation, without regard to which party prevails. SUCCESSORS AND ASSIGNS 13. Each party to this Agreement binds himself and his partners, associates, successors, executors, administrators, and assigns to the other party of this Agreement. Neither party shall assign, sublet, or transfer hlS interest in this Agreement without the written consent of the other, Nothmg herein shall be construed as creating any personal l1abllity on the part of any officer or agent of the City. INDEMNIFICATION 14. The total aggregate liability of the Consultant to the Clty for damage due to any negligent act, error or omission or to any other negligence of the Consultant, shall be limited to the total fee due the Consultant for the serVlces rendered under this Agreement. The City agrees to defend, indemnify and hold 8 8 the Consultant harmless against all suits, clauns and demands of .=..::.y type whatsoever made agamst the Consultant by third parties in connectlOf. wIth the project, including costs and attorneys' fees before trial, at trial or 0:-. appeal. The City acknowledges, upon signing and returning this Agreement, th.::: receipt of $10,00 as specific consideration for indemnifications contained here:'l1. IN WITNESS WHEREOF, the Consultant has caused this Agreement to be executed, and the Mayor and City Council, City of Clermont, Flonda I have hereunto set their hands and seals on the date and year flrst above WrItten. Attest: For the City: CITY COUNCIL City of Clermont, ~) BY:/¿ Florida i:f.u, .I. - ïJ¡, ~U '~-¡ //'7 - . f/-~ ~ -( ¿; For the Consultant: Hunter Services, Inc. I}sff~~~ 8 8 EXffiBIT A SCOPE OF SERVICES Detailed work programs for the selected impact fee functIons are outlined in attachments hereto as follows: A. Public Safety Impact Fees B. Parks and Recreation Impact Fees c, Update Utility Benefit Fee D. Legal Support Services The development of impact fees for each of these facility types will be based upon the methodology and approach that includes: the compilation and review of current facility inventories; the assessment of future needs and existing deficiencies based upon LOS standards for each facility; and the allocation of a proportionate, or fair-share of facility costs to future growth and development. The Scope of Services for development of impact fees for the City of Clermont will assume in-house support by city staff in assembling required inventories of capital facilities, costs of such facilities, and sample surveys of police and fire calls for service. This further assumes that background data necessary for updatlng and preparing water and sewer impact fees is available to the consultant and sufficient for purposes of preparing the impact fee analysis. Work products will include written background reports for each set of lffipact fees that will contain supporting economic analyses I standards I assumptions and a recommended fee schedule. In addition I the scope contained herein includes legal review of the background analysis and preparation of a master impact fee ordinance. 8 8 ATTACHMENT A OUTLINE WORK PROGRAM FOR PUBLIC SAFETY IMPACT FEES (LAW ENFORCEMENT AND FIRE PROTECTION) CITY OF CLERMONT WORK PROGRAM 1. Inventory existing capital facilities and establish a service standard 2. index as an indicator of demand for serVices (1. e., number of calls for service by land use category; number of service personnel per 1,000 population; mmirnum response time requirements) . Analyze the sufficiency of eXlstJ.ng facilities as applied to the established service standard. 3. Identify deficiencies and estimate costs of capital improvements necessary to meet acceptable service standards, 4. Determine whether the lIDpact fee will be applIed unúornùy or by demand for services placed on respective types of land uses (depending on selected service standard index) and when the fee will be applied. 5, Formulate a land use classification cost multiplIer (per square foot or dwelling unit) by determIning the number of and accompanying costs for services demanded by each land use category, 6. Identify appropriate benefit areas for which Impact fees should be assessed. 7. Based on the indicated demand for serVIces, develop a methodology for allocating impact fee revenues WhiCh eqUltably balances flscal credits of new development (e. g . I determine the extent to which property taxes, general revenue, bond issues or debt service, 8. 9. 10. PRODUCTS 8 8 developer donatlons, etc., have been and will contlnUE: to b,= '...:s:::::. for financing capital improvements so that they may be prc'pt: ::-~y credited toward impact fees) . Establish a fee schedule based on determination of items 4, 5, 6 and 7 above. Perform a financial analysis which identifies capital facility costs to correct any existing deficiencies and meet the proposed standards i also, estimate revenue yields from the impact fee schedule. Identify the trust fund accounts which need to be established and assign responsibility for fee expenditures to assure that services benefit the assessed development. 1. Prepare background paper contammg all techmcal analyses and recommendations. 2, Provide software for subsequent updating by city staff. 3. Assist legal counsel in incorporatmg all relevant fIndings and fee recommendations in a draft ordinance, 4. Assist city with adoption proceedings. 8 8 ATTACHMENT B OUTLINE WORK PROGRAM FOR PARKS AND RECREATION IMPACT FEES CITY OF CLERMONT WORK PROGRAM 1. Review inventory data on existing parks and recreation facilities by 2. 3. area, type and jurisdictional responsibility, Evaluate, and where appropriate modify, existing standards for guiding recreational facilities development. Estimate future residential population and establish an average household size for the type of dwelling units. 4. Determine the sufficiency of the parks and recreational facilities now owned by the city for meeting the delineated standards, and identify deflciencies requiring remediation to achieve the standards. Note: The city will be expected to provide any applicable facility cost estimates. 5. Design a population-based fee formula reflecting average household sizes based on dwelling type and/or bedroom count, 6. Incorporate a methodology which equitably balances fiscal credits of new development (e, g ., determine the extent to which property taxes, general revenue, bond issues or debt serVIce, developer donations, etc., have been and will contlnue to be used for financing capital improvements so that they may be properly credited toward impact fees) . 7. Establish an impact fee schedule based on the costs of meeting the proposed standards. 8. Project impact fee revenues for the identified planning penod. 9, 10. PRODUCTS 8 8 Recommend allocation of fee revenues for dlff '..:1-iO!H types of park and recreation facilities (i. e. , neighborhood I corn:, 'J mty or regional) , if appropriate. Identify benefit areas which need to be established for funding different types of park and recreation facilities and recommend responsibility for fee revenues to assure that facilities benefit the assessed development. 1. Prepare background paper containing all technical analyses and recommendations. 2. Provide software for subsequent updating by city staff. 3, Assist legal counsel in incorporating all relevant findings and fee recommendations in a draft ordinance. 4. Assist city with adoption proceedings, 8 8 ATTACHMENT C OUTLINE WORK PROGRIQ"'i FOR UPDATE OF UTILITY BENEFIT FEE (WATER AND SEWER) CITY OF CLERMONT 1. WORK PROGRAM Review existing capital facilities and establish a service standard index as an indicator of demand for services (1.e., gallons per day treatment capacity I maximum capacity, service area and extensions) , 2. Review data on the sufficiency of existing facilities as applied to the established service standard, 3. Identify deficiencies and estimate costs of capital improvements necessary to meet acceptable service standards. 4. Formulate a land use classification cost multiplier (per square foot or dwelling unit) by determining the number of and accompanying costs for services demanded by each land use category. 5. Identify appropriate benefIt areas for which impact fees should be assessed. 6, Based on the indIcated demand for services, develop a methodology for allocating impact fee revenues which equitably balances fiscal credits of new development (e, 9 ., determine the extent to which property taxes, general revenue, bond issues or debt serVlce, developer donations, etc. I have been and will continue to be used for financing capital improvements so that they may be properly credited toward impact fees) . 7. Establish a fee schedule based on determination of items 4, 5 and 6 above. 8. PRODUCTS 8 8 Perform a fmancial analYSIS wlw:'~ :dentifles capital facility costs to correct any existing defIcIencIes êiI1Ò meet the proposed standards; also, estimate revenue yields from the impact fee schedule. 9. Identify the trust fund accounts which need to be established and assign responsibility for fee expenditures to assure that services benefit the assessed development. 1. Prepare background paper containing all technical analyses and recommendations. 2. Provide software for subsequent updating by city staff, 3. Assist legal counsel in incorporating all relevant findings and fee recommendations in a draft ordinance. 4. Assist city with adoption proceedings, . . 8 8 ATTACHMENT D LEGAL SUPPORT SERVICES FOR CITY OF CLERMONT IMPACT FEE STUDY WORK PROGRAM Once the allocation formulae, appropriate credits, benefit areas, service standards, and other technical data discussed above have been developed, the city's utility benefit fee ordinance must be substantially revised, or additional ordinance{s) covering the other fee areas will be developed. Legal consultants will also be involved in the development and review of impact fee methodologies, assumptions and standards. This will facilitate a better understanding of the resulting impact fee system, and appropriate incorporation into implementing ordinances. WORK PRODUCTS 1. Review of technical reports, methodologies and assumptions used to develop impact fees for the city. 2. Impact Fee Ordinance or amendments to existing ordinance that include provisions for fees noted herem. 8 8 Hun7Eø Ard\lrc~(Ure, Enf:lnccnng, [,I.lnnlng ,lnlll:nvlrol1l1lcnt,¡ Scrvl~c' Hunter ServIce>, Inc, 6737 Sourhpomr Dnve South (32216-6177) P.O Box 4850 JacksonvIlle, Flonda 32201-4850 904/739.2000 FAX 904/731-1673 March 23, 1990 Mr. Wayne Saunders City Manager City of clermont #1 Westgate Plaza Clermont, Florida 34711 Subject: Proposed Contract, Clermont Impact Fee study Dear Mr. Saunders: Enclosed please find a proposed contract for the above-referenced study. It contains our standard clauses, the work program from our proposal and the negotiated professional service fee of $26,500. As we discussed, this would cover all costs and expenses for preparing the public safety, recreation, and water and sewer impact fee analyses, as well as legal services for reviewing the analyses and preparing an ordinance. We are very pleased to have been selected to undertake this study for the City of Clermont. I look forward to working with you and your staff, If I can provide further information or clarification, do not hesitate to call. Sincerely, Hunter Services, Inc. ~ ~J~ ~ Thomas O. ~son, AICP Senior Consultant Development Economics Group :sc Enclosure 8 8 AGREEMENT THIS AGREEMENT is made this 27 day of March, 1990, by and between the CITY OF CLERMONT, FLORIDA, hereinafter "City" and Hunter Services, Inc., hereinafter" Consultant. " BASIC SERVICES 1. Consultant hereby undertakes to perform an impact fee study for the City in accordance with the "Scope of Services" incorporated herein by reference and attached hereto as "Exhibit A". ADDITIONAL SERVICES 2 A. If authorized in writing by City, Consultant will furnish additional services of the following types, which will be paid for as indicated in paragraphs 4 and 5 hereinafter. 1. Additional work due to significant changes in general scope and coverage of the project or its design including, but not limited to, changes in size, complexity, character, or direction. 2. Revision of previously approved studies or reports, when such revisions are due to causes beyond the control of Consultant. 3 . Preparation to serve or serving as a witness for the City in any litigation or administrative proceedings or procedure involving the study or plans related to study recommendations. 4. Other services as the City may request. 2 B. If, through no fault of the Consultant, policies or regulations adopted or implemented by the City, which are related to the subject of this study, shall result in the Consultant having to defend the City in any litigation or administrative procedures, the City shall compensate the Consultant for time and expenses incurred in such defense as set forth in Paragraphs 4 and 5 hereinafter. COMPENSATION FOR SERVICES 3 . The City will pay to Consultant for services performed under Paragraph 1, above, a lump fee of $26,500.00, inclusive of all costs and expenses. 4. Progress payments shall be due and payable monthly in proportion to the percentage of completion of services by task, as set forth in Exhibit .. A" , as approved and accepted by the City. 8 8 5. Should the City request the Consultant to perform additional services not outlined in IIExhibit A II, the cost of such services will be estimated by the Consultant and shall be subject to approval by the City and shall be payable as described under Paragraph 4, above. RESPONSIBILITIES OF THE CITY 6. The City shall designate a representative, hereinafter called the "representativell, to act on the City's behalf with respect to the Work. The City or its Representative shall examine the documents submitted by the Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Consultant's services. 7. The City shall furnish all available facility inventory and cost data, and other data as may be agreed upon between City and Consultant to the Consultant in an expeditious manner. NOTICES 8. All notices from the City to the Consultant shall be deemed duly served if mailed by registered or certified mail to the Consultant at the following address: Thomas o. Jackson Senior Consultant Hunter Services, Inc. 6737 southpoint Drive South Jacksonville, Florida 32216 All notices from the Consultant to the City shall be deemed duly served if mailed by registered or certified mail to the City to: Wayne Saunders City Manager City of Clermont #1 Westgate Plaza Clermont, Florida 32711 The Consultant and the City may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. TERMINATION 9. This Agreement may be terminated by the City upon completion of any task or upon written notice to Consultant. Should this Agreement be terminated prior to the completion of a task then under way, Consultant shall submit its detailed statement for payment for services performed through the date of termination. Should notice to terminate be received by Consultant while 8 8 in the process of performing any task, the city shall be so advised, and the City shall have the option of having said work or portion thereof completed. 10. All documents produced, generated, or acquired in performance of this Agreement including reports, original drawings, sketches, estimates, specifications, pictures, maps, field notes and data are and remain the property of the City and shall be provided to the City upon completion or termination of this Agreement. These documents will be provided without costs additional to those included under Paragraph 4, above. INSURANCE AND LIABILITY 11. a. Workers' Compensation: Consultant shall secure and maintain coverage to apply for all employees for Statutory Limits in compliance with the applicable state and federal laws. The policy will include Employers' Liability with a minimum limit of $100,000 each accident. b. Comprehensive General Liability: Consultant shall have minimum limits of $500,000 Per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operation, Broad Form Property Damage and XCU Coverage, and a Contractual Liability Endorsement. c. Business Auto Policy: Consultant shall have minimum limits of $500,000 Per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. DEFAULT 12. Should any legal action be brought by either party hereto for breach of any provision of this Agreement, each party shall bear its own legal expenses and costs of litigation, without regard to which party prevails. SUCCESSORS AND ASSIGNS 13. Each party to this Agreement binds himself and his partners, associates, successors, executors, administrators, and assigns to the other party of this Agreement. Neither party shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the City. INDEMNIFICATION 14. The total aggregate liability of the Consultant to the City for damage due to any negligent act, error or omission or to any other negligence of the Consultant, shall be limited to the total fee due the Consultant for the services rendered under this Agreement. The City agrees to defend, indemnify and hold 8 8 the Consultant harmless against all suits, claims and demands of any type whatsoever made against the Consultant by third parties in connection with the Project, including costs and attorneys' fees before trial, at trial or on appeal. The City acknowledges, upon signing and returning this Agreement, the receipt of $10.00 as specific consideration for indemnifications contained herein. IN WITNESS WHEREOF, the Consultant has caused this Agreement to be executed, and the Mayor and City Council, City of Clermont, Florida, have hereunto set their hands and seals on the date and year first above written. Attest: For the City: CITY COUNCIL City of Clermont, Florida ~ J, . 'r'r¡ ~:t; By:~(:J?~ , For the Consultant: Hunter Services, Inc. Attest: Secretary-Treasurer By: J. Ronald Ratliff Vice President 8 8 EXHIBIT A SCOPE OF SERVICES Detailed work programs for the selected impact fee functions are outlined in attachments hereto as follows: A. Public Safety Impact Fees B. Parks and Recreation Impact Fees C. Update Utility Benefit Fee D. Legal Support Services The development of impact fees for each of these facility types will be based upon the methodology and approach that includes: the compilation and review of current facility inventories i the assessment of future needs and existing deficiencies based upon LOS standards for each facility i and the allocation of a proportionate, or fair-share of facility costs to future growth and developmen t. The Scope of Services for development of impact fees for the City of Clermont will assume in-house support by city staff in assembling required inventories of capital facilities, costs of such facilities, and sample surveys of police and fire calls for service. This further assumes that background data necessary for updating and preparing water and sewer impact fees is available to the consultant and sufficient for purposes of preparing the impact fee analysis . Work products will include written background reports for each set of impact fees that will contain supporting economic analyses, standards, assumptions and a recommended fee schedule. In addition, the scope contained herein includes legal review of the background analysis and preparation of a master impact fee ordinance. 8 8 A TT ACHMENT A OUTLINE WORK PROGRAM FOR PUBLIC SAFETY IMPACT FEES (LAW ENFORCEMENT AND FIRE PROTECTION) CITY OF CLERMONT WORK PROGRAM 1. Inventory existing capital facilities and establish a service standard index as an indicator of demand for services (i. e., number of calls for service by land use category; number of service personnel per 1,000 population; minimum response time requirements). 2. Analyze the sufficiency of existing facilities as applied to the established service standard. 3. Identify deficiencies and estimate costs of capital improvements necessary to meet acceptable service standards. 4. Determine whether the impact fee will be applied uniformly or by demand for services placed on respective types of land uses (depending on selected service standard index) and when the fee will be applied. 5. Formulate a land use classification cost multiplier (per square foot or dwelling unit) by determining the number of and accompanying costs for services demanded by each land use category. 6. Identify appropriate benefit areas for which impact fees should be assessed. 7. Based on the indicated demand for services, develop a methodology for allocating impact fee revenues which equitably balances fiscal credits of new development (e. g . I determine the extent to which property taxes, general revenue, bond issues or debt service, 8. 9. PRODUCTS 8 8 developer donations, etc., have been and will continue to be used for financing capital improvements 50 that they may be properly credited toward impact fees) . Establish a fee schedule based on determination of items 4, 5, 6 and 7 above. Perform a financial analysis which identifies capital facility costs to correct any existing deficiencies and meet the proposed standards; also, estimate revenue yields from the impact fee schedule. 10. Identify the trust fund accounts which need to be established and assign responsibility for fee expenditures to assure that services benefit the assessed development. 1. Prepare background paper containing all technical analyses and recommendations. 2. Provide software for subsequent updating by city staff. 3. Assist legal counsel in incorporating all relevant findings and fee recommendations in a draft ordinance. 4. Assist city with adoption proceedings. 8 8 ATTACHMENT B OUTLINE WORK PROGRAM FOR PARKS AND RECREATION IMPACT FEES CITY OF CLERMONT WORK PROGRAM 1. Review inventory data on existing parks and recreation facilities by area, type and jurisdictional responsibility. 2. Evaluate, and where appropriate modify I existing standards for guiding recreational facilities development. 3. Estimate future residential population and establish an average household size for the type of dwelling units. 4. Determine the sufficiency of the parks and recreational facilities now owned by the city for meeting the delineated standards, and identify deficiencies requiring remediation to achieve the standards. Note: The city will be expected to provide any applicable facility cost estimates. 5. Design a population-based fee formula reflecting average household sizes based on dwelling type and/or bedroom count. 6. Incorporate a methodology which equitably balances fiscal credits of new development (e. g . I determine the extent to which property taxes, general revenue, bond issues or debt service, developer donations, etc., have been and will continue to be used for financing capital improvements so that they may be properly credited toward impact fees) . 7. Establish an impact fee schedule based on the costs of meeting the proposed standards. 8. Project impact fee revenues for the identified planning period. 9. 10. PRODUCTS 1. 2. 8 8 Recommend allocation of fee revenues for different types of park and recreation facilities (i. e. , neighborhood, community or regional) I if appropriate. Identify benefit areas which need to be established for funding different types of park and recreation facilities and recommend responsibility for fee revenues to assure that facilities benefit the assessed development. Prepare background paper containing all technical analyses and recommendations. Provide software for subsequent updating by city staff. 3. Assist legal counsel in incorporating all relevant findings and fee recommendations in a draft ordinance. 4. Assist city with adoption proceedings. 8 8 ATTACHMENT C OUTLINE WORK PROGRAM FOR UPDATE OF UTILITY BENEFIT FEE (WATER AND SEWER) CITY OF CLERMONT WORK PROGRAM 1. Review existing capital facilities and establish a service standard index as an indicator of demand for services (1. e., gallons per day treatment capacity, maximum capacity, service area and extensions) . 2. Review data on the sufficiency of existing facilities as applied to the established service standard. 3. Identify deficiencies and estimate costs of capital improvements necessary to meet acceptable service standards. 4. Formulate a land use classification cost multiplier (per square foot or dwelling unit) by determining the number of and accompanying costs for services demanded by each land use category. 5. Identify appropriate benefit areas for which impact fees should be assessed. 6. Based on the indicated demand for services, develop a methodology for allocating impact fee revenues which equitably balances fiscal credits of new development (e. g ., determine the extent to which property taxes, general revenue, bond issues or debt service, developer donations, etc., have been and will continue to be used for financing capital improvements so that they may be properly credited toward impact fees) . 7. Establish a fee schedule based on determination of items 4, 5 and 6 above. 8. PRODUCTS 8 8 Perform a financial analysis which identifies capital facility costs to correct any existing deficiencies and meet the proposed standards; also, estimate revenue yields from the impact fee schedule. 9. Identify the trust fund accounts which need to be established and assign responsibility for fee expenditures to assure that services benefit the assessed development. 1. Prepare background paper containing all technical analyses and recommendations. 2. Provide software for subsequent updating by city staff. 3. Assist legal counsel in incorporating all relevant findings and fee recommendations in a draft ordinance. 4. Assist city with adoption proceedings. 8 8 ATTACHMENT D LEGAL SUPPORT SERVICES FOR CITY OF CLERMONT IMPACT FEE STUDY WORK PROGRAM Once the allocation formulae, appropriate credits, benefit areas, service standards, and other technical data discussed above have been developed I the city's utility benefit fee ordinance must be substantially revised, or additional ordinance (s) covering the other fee areas will be developed. Legal consultants will also be involved in the development and review of impact fee methodologies I assumptions and standards. This will facilitate a better understanding of the resulting impact fee system, and appropriate incorporation into implementing ordinances. WORK PRODUCTS 1. Review of technical reports, methodologies and assumptions used to develop impact fees for the city. 2. Impact Fee Ordinance or amendments to existing ordinance that include provisions for fees noted herein.