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2004-36 . I1lJ) Public Resources Management Group, Inc. ~ Utility, Rate, Financial and Management Consultants December 3, 2004 Mr. Joseph E. Van Zile Administrative Services Director City of Clermont 685 W. Montrose Street Clermont, Florida 34711 Subject: Proposal to Provide a Utility and Municipal Impact Fee Analysis Dear Mr. VanZile: Public Resources Management Group, Inc. (PRMG) is pleased to submit this proposal to provide financial and rate consulting services to the City of Clermont, Florida (the "City" or "Client") associated with the development of a Utility and Municipal Impact Fee Study (the "Impact Fee Study"). The purpose of the Impact Fee Study is to assist the City with its review and update of the Water, Wastewater, Police, Fire, and Recreation Impact Fees that are applied to new development. Based on our discussions, PRMG proposes the following: PROJECT TEAM AND BILLING RATES e With respect to the performance of this engagement, Mr. Henry L. Thomas will be the principal in charge, project manager and primary contact with the City. Other staff consultants, analysts and administrative personnel will be utilized during the course of the engagement as needed. The services covered by this Agreement shall be billed based on the direct labor rates set out in Attachment A which is made a part of this proposal. SCOPE OF SERVICES The scope of services to be performed by PRMG is included on Attachment B, which is made a part of this proposal. The anticipated schedule for completing the Impact Fee Study shall be no later than March 31, 2005 unless mutually agreed between the City and PRMG. COMPENSATION AND BILLING Based on the Scope of Services as summarized herein in Attachment B and the direct hourly labor billing rates as identified on Attachment A, we propose to establish a not-to-exceed contract budget to provide consulting services associated with the performance of the Impact Fee Study of $31,600. . This project budget amount includes the direct cost of personnel anticipated to be assigned to the project as well as any other direct costs such as travel, telephone, and copying, printing and shipping charges. The costs incurred by PRMG for such other direct costs, if any, will be billed to the City based on the Standard Unit Costs or reimbursement schedule as reflected on Attachment A. It is proposed that PRMG will bill montWy for services relative to this engagement based on the hourly amount of time spent by the project team members, the other G:\Letters\Clermont 1m pactF eeLetter Agree.doc 341 NORTH MAITLAND AVENUE 0 SUITE 300 0 MAITLAND. FL 32751 TELEPHONE (407) 62H-2600 0 FAX (407) 62X-2610 8 . . . Mr. Joseph E. Van Zile City of Clermont December 3, 2004 Page 2 direct costs incurred and the pass-through of any sub-consulting costs that may be required for the engagement. No additional services above the cost estimate will be performed without the prior written authorization of the City. TERM OF AGREEMENT The terms of this proposed agreement and the associated direct hourly labor billing rates for PRMG personnel shall be in effect and continue through March 31, 2005, or some other contract period as mutually agreed to between the City and PRMG. It is anticipated that the project will be submitted to the City within 90 days after being given authorization to proceed. ADDITIONAL TERMS AND CONDITIONS Additional standard terms and conditions, that are made part of this proposed agreement, are set forth in Attachment C which is made a part of this proposal. If this proposal meets the City's needs please let us know and we will finalize an agreement for the City's authorization. Of course if you have any questions about this proposal or need any additional information please do not hesitate to give me a call. We appreciate the opportunity to be of service to the City. Very truly yours, Public Resources Management Group, Inc ,(~-- ~ / ~~omas Vice President ACCEPTED BY: City of Clermont C-=:-~~4r~-./ Nãiiíé - ~QY' Title Jd -jA/-Oc( Date G: \Letters\Clermont Impact F eeLetter Agree. doc . . . ATTACHMENT A CITY OF CLERMONT, FLORIDA PREPARATION OF A UTILITY AND MUNICIPAL SERVICES IMPACT FEE STUDY SCHEDULE OF DIRECT LABOR HOURLY RATES AND STANDARD UNIT COSTS DIRECT HOURLY RATES Project Team Title Principal Executive Consultant Associate Supervising Consultant Senior Consultant Rate Consultant Rate Analyst Analyst Assistant Analyst Clerical and Administration Direct Labor Hourly Rate [*] $135.00 $120.00 $110.00 $ 95.00 $ 85.00 $ 75.00 $ 65.00 $ 55.00 $ 45.00 $ 45.00 [*] Direct labor hourly rates effective through March 31, 2005; rates will be adjusted by five percent (5%) annually for invoices rendered after April 1 of each year thereafter until project completion or as mutually agreed between parties. OTHER DIRECT COSTS - STANDARD RATES Expense Description Mileage Allowance - Personal Car Use Only Reproduction (black and white) Reproduction (color) Reproduction (contracted) Computer Time Telephone Charges Delivery Charges Lodging/Other Travel Costs Meals (Business Travel only) Sub-consultant Services Other Costs for Services Rendered G: \Letters\C lermont I mpactFeeLetter Agree. doc A-I Standard Unit Direct Cost Rater*] $0.33 per mile $0.10 per page $0.50 per page Actual Cost $0.00 per hour Actual Cost Actual Cost Actual Cost Not to exceed per PRMG Employee: $6.00 - Breakfast $10.00-Lunch $20.00 - Dinner Actual Cost plus 5.0% Actual Cost . . . ATTACHMENT B CITY OF CLERMONT, FLORIDA PREPARATION OF A UTILITY AND MUNICIPAL SERVICES IMPACT FEE STUDY SCOPE OF SERVICES The scope of services to be performed by PRMG with respect to the preparation of the Impact Fee Study for the police, fire, and recreational services (the "Municipal Services") and the water and wastewater services (the "Utility Services") will include the following tasks: Data Gathering: 1. Preparation of Data Request - PRMG will prepare a written data request outlining the necessary information that will need to be compiled in order to complete the Impact Fee Study. The data request will be segregated by type of impact fee in order to assist the City with the data gathering efforts. Data that will be requested will include, but not be limited to, the following: i) personnel and staffing levels for police and fire departments, ii) inventory of existing capital equipment and facilities required to provide police and fire protection services, including buildings and structures, vehicles, equipment and equipping of personnel; iii) an inventory of recreation open space and the amount of recreational facilities currently in service including the number and types of City owned recreational facilities; iv) fixed asset data for the water and wastewater systems by service area, as appropriate; v) population and development statistics; vi) service call (response) information for police and fire protection functions; vii) anticipated capital expenditures or capital improvement programs for each municipal service functions; viii) inventory of existing water and wastewater facilities as it relates to capacity availability and utilization, ix) comprehensive planning documents; x) any information regarding adopted level of service standards or level of service standards currently in effect; and xi) other data and information considered necessary to adequately perform the study. PRMG will also gather data regarding the level of fees currently charged by neighboring communities. 2. Attendance of Kick-of! Meeting - PRMG will attend an initial project meeting to affirm project goals and objectives, obtain and review compiled information and interview City staff. It is anticipated that this meeting will occur after compilation of information by the City such that a review of such information can also be accomplished. Municipal Service Impact Fees: 1. Municipal Service Area Forecast - This task will include a review of service area demographics including any forecasts of the service area population and development activity based on data made available to PRMG. Specifically, the population forecast along with anticipated development by type of dwelling unit (e.g., single-family, multi- family, etc.) and commercial development by land use type, if available (including the square footage of such developments located within the City and planned for the City), G:\Letters\Clermont ImpactFeeLetter Agree. doc B-1 . . . will be reviewed. The population projections and other service area demographics as contained in documents such as the City's Comprehensive Land Use Plan; Florida Statistical Abstract and other information provided by the Bureau of Economic and Business Research, University of Florida; data made available by the Lake County Planning Department; and other such information will be relied upon. The purpose of this task is to identify the future service area demands for municipal services. 2. Cost Allocation - The capital costs associated with providing the municipal service requirements for new customers will be identified in conjunction with staff and allocated among the residential and commercial customer classifications, where appropriate or determined on a "per equivalent unit" basis to assist in the overall fee determination. The allocation of such costs will be based on the service area demographics and development characteristics of the City, service area response characteristics for police and fire protection, and other factors as deemed appropriate by PRMG and the City. 3. Determination of Level of Service Standards - Based on available information, PRMG will work with staff to identify the service (LOS) standards required for each municipal service. These standards should be consistent with the City's current Comprehensive Plan submitted to the Department of Community Affairs, where applicable as well as staffing required to provide services. 4. Design of Municipal Services Impact Fees - PRMG will design impact fees for each specific customer classification for the municipal services under consideration. The design of the Municipal Services Impact Fees will recognize the same general rate structure that is currently in effect unless it is determined between the City and PRMG that such application structure should be modified (determined during information gathering phase of project). The Municipal Services Impact Fees will be based on the capital needs allocable to future growth associated with each municipal service function, the allocation of such costs among the relevant customer classifications, and the level of service standards required for each specific municipal function. Additionally, PRMG will identify any external funding or credits that should be recognized in the derivation of the impact fees. The recognition of any external funding or capital credits will recognize alternative funding scenarios as identified in conjunction with the City. Utility Service Impact Fees: 1. Determination of Level of Service Standards - Based on information collected and the results of detailed interviews of key staff members, PRMG will identify the level of service (LOS) standards consistent with the City's current operating criteria, industry standards, and other factors. 2. Equivalent Residential Connection (ERC) and Facility Use Characteristics - Based on the determination of the level of service standards that the City has adopted or should maintain, an analysis of the City's existing and projected ERC requirements will be conducted. Additionally, the analysis will evaluate water and wastewater capacity (both utilized, reserved, and anticipated) by specific service area (East System and West System for the water system) to determine the total system capacity per ERC, the G: \Letters IClermontImpact Fee Letter Agree. doc B-2 . . . remaining capacity per ERC of facilities currently in service, and the additional capacity to be added to the utility service area. This analysis will include a review of current fixed assets and is necessary to evaluate the capacity utilization of the water and wastewater facilities (from both an existing and prospective capital facility standpoint). 3. Design of Utility Services Impact Fee - Based on the LOS standards and facilities use projections, the PRMG will develop Utility Impact Fees for water and wastewater service by specific impact fee or service area zone for the City. The fees will be developed recognizing the reservation and utilization of capacity by an equivalent residential customer (e.g., single-family residential) and will recognize the contribution to need based on capital facility burden imposed on the City by new development. This task will include the following: e Review the City's Current Utility Impact Fee Application Methodology; II Development of basis for Utility Impact Fee determination (needs versus standards driven); f> Perform an analysis of existing facility costs and incremental costs to provide utility service to future service area needs or build-out population; . Conduct an evaluation of system capacity relationships for existing and incremental plant additions; . Develop billing classification and equivalent residential unit requirements, as applicable; and . Design base Utility Impact Fee for each specific utility system. 4. Utility Impact Fee Credit Determination - This task will recognize any alternative funding sources which have been or will continue to be available to the City which will serve to reduce the capital funding requirements from new development, if any. This task will include an evaluation of alternative funding sources, and the development of a credit to the fees determined above on a consistent methodology. Finally, the development of the net Utility Impact Fee to be charged will be determined. 5. Cost Recovery Comparison - PRMG will compare the amount of impacts to be recovered from the anticipated growth of the City with the City's capital improvement plan (CIP) (expansion-related capital) to identify the net funding opportunities associated with the CIP and to evaluate the reasonableness of the fees when compared to the anticipated expenditure requirements of the City for each municipal function and to identify any potential capital funding issues for disclosure to the City. G :\Letters\Clermont ImpactFee Letter Agree. doc B-3 . . . Other Impact Fee Tasks: 1. Fee Comparisons - A comparison of the existing and proposed fees for residential dwellings and commercial use will be prepared for each of the Municipal and Utility Services Impact Fees (new customer impact analysis) and also compared with similar fees charged by other neighboring public jurisdictions and utilities. 2. Review of Impact Fee Ordinance - PRMG will assist the City in the review and update of the existing impact fee ordinance to reflect the recommendations of the study. 3. Presentation of Findings - A report will be prepared by PRMG summarizing the data relied upon in the development of the impact fees as well as the assumptions and methods used to develop such fees, and our conclusions and recommendations for consideration by the City. This scope of service assumes that a single report documenting the impact fee derivation for each respective Municipal Service and Utility Service will be prepared. Additionally, PRMG will attend one public hearing before the City Council to present the findings and recommendations of the Impact Fee Study, which assumes the presentation of all the impact fees under investigation. 4. Meetings - For the purposes of this scope of services, it has been assumed by PRMG that our staff will attend five (5) meetings with the City in order to prepare the report regarding the municipal impact fees. A summary of the meetings is shown below. Description Data Acquisition and Interview(s) of Appropriate City Staff Additional Data Review and Initial Presentation of Analysis to City Staff Attendance of Staff Review Meeting ofImpact Fee Analysis/Report Attendance of Public Hearing before City Commission Total Number of Meetings Number of Meetings 1 ---1 4 ADDITIONAL SERVICES During the course of the study, the City may request additional services from PRMG. Such services will not be conducted until authorized by the City as mutually agreed between the City and PRMG. The City will be billed for such additional services based on the hourly rate schedule of PRMG's employees as shown in this Proposal or some other basis as mutually agreed between the City and PRMG. Although no additional services are anticipated for this engagement, examples of additional services may include the following: 1. Attendance of additional meetings above what is contemplated in the scope of services. 2. Performance of other rate and impact fee analyses in addition to those being reviewed pursuant to the scope of services for this engagement. G:\Letters\Clermont I m pactF eeLelter Agree .doc B-4 . . . 3. Providing general consulting services relating to meeting with third parties regarding the derivation of the fees, providing litigation support services in the event of a challenge of the fees, and other related issues not contemplated in the above scope of services. 4. Performance of impact fee negotiations and the preparation of developer agreements for the payment of such impact fees with potential large developments within the City limits. Delays in the project schedule that would affect the budget for the scope of services reflected herein. G: \Lelters\Clermont Impact F eeLelter Agree. doc B-5 . PUBLIC RESOURCES MANAGEMENT GROUP, INC. STANDARD TERMS AND CONDITIONS ATTACHMENT C . I. SCOPE Public Resources Management Group, Inc. (PRMG) agrees to perform the utility consulting services described in the agreement that incorporates these standard terms and conditions. Unless modified in writing by the parties hereto, the duties of PRMG shall not be construed to exceed those services specifically set forth in the agreement. II. COMPENSA nON . As a condition precedent to receiving payment, PRMG shall have been authorized to proceed by Client, shall not be in default of any ofthe terms and conditions of this Agreement, and shall provide to Client an invoice. The invoice shall include a statement of specific services rendered during the applicable billing period and the representatives of PRMG who performed said services. Additionally, each invoice shall include the following statement by PRMG: This invoice sets forth only actual time spent by PRMG's employees and does not contain any unit billing, multipliers, or other devices that permit payment for more than actual time spent. The Client, as defined in the agreement, unless such invoice is disputed in writing by Client, agrees to pay for the services as billed within thirty (30) days of receiving the invoice. Undisputed amounts paid after thirty (30) days may be subject to interest charges. Time-related charges will be made in accordance with the billing rate referenced in the agreement. Other indirect expenses and subcontractor services, if any, will be billed in accordance with the standard unit cost rates as referenced in. the agreement or if no reference is provided, at cost. III. RESPONSffiILITY . PRMG is employed to render a professional service only, and any payments made by Client are compensation solely for such services rendered and recommendations made in carrying out the work. PRMG shall perform analyses, provide opinions, make factual presentations, and provide professional advice and recommendations. G: \LetterslClermontImpactFee Letter Agree. doc IV. INDEMNIFICA nON PRMG agrees to indemnity, defend, and hold Client harmless from and against any liability arising out of the negligent errors or negligent omissions of PRMG, its agents, employees, or representatives, in the performance of duties set forth in Article I. V. INSURANCE PRMG shall maintain during the life of the agreement the following minimum insurance: 1. Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad form property damage liability. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 2. Automobile bodily injury and property damage liability insurance covering owned, non-owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 3. Statutory worker's compensation and employers' liability insurance as required by state law. 4. Professional liability insurance. VI. ASSIGNMENT These terms and conditions and the agreement to which they are attached are binding on the heirs, successors, and assigns of the parties hereto. This agreement may not be assigned by Client or PRMG without prior, written consent of the other. VII. INTEGRATION These terms and conditions and the agreement to which they are attached represent the entire understanding of Client and PRMG as to those matters contained herein. No prior oral or C-l . . '. PUBLIC RESOURCES MANAGEMENT GROUP, INC. STANDARD TERMS AND CONDITIONS . . . ATTACHMENT C written understanding shall be of any force or effect with respect to those matters covered herein. The agreement may not be modified or altered except in writing signed by both parties. VIII. JURISDICTION This agreement shall be administered and interpreted under the laws of the State of Florida. Jurisdiction of litigation arising from the agreement shall be in Lake County, Florida. If any part of the agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the agreement shall be in full force and effect. IX. SUSPENSION OF WORK Client may suspend, in writing, all or a portion of the work under the agreement in the event unforeseen circumstances beyond Client's control make normal progress of the work impossible. PRMG may request that the work be suspended by notifying Client, in writing, of circumstances that are interfering with the normal progress of work. PRMG may suspend work on the project in the event Client does not pay invoices when due. The time for completion of the work shall be extended by the number of days work is suspended. In the event that the period of suspension exceeds 90 days, the terms of the agreement are subject to renegotiation and both parties are granted the option to terminate ,work on the suspended portion of the project; in accordance with Article VIII. x. TERMINATION OF WORK Client may terminate all or a portion of the work covered by the agreement for its convenience. Either party may terminate work if the other party fails to perform in accordance with the provisions of the agreement. Termination of the agreement is accomplished by 15 days prior written notice from the party initiating termination to the other. Notice of termination shall be delivered by certified mail with receipt for delivery returned to the sender. G: \Letters IC I erm 0 n t I m pa elf ee Letter Agree. doe In the event of termination, PRMG shall perform such additional work as is necessary for the orderly filing of documents and closing of the project. The time spent on such additional work shall not exceed 5 percent of the time expended on the terminated portion of the project prior to the effective date oftermination. PRMG shall be compensated for work actually performed prior to the effective date of termination plus the work required for filing and closing as described in this Article. C-2