HomeMy WebLinkAbout2008-002 Planning - Timeline Amendment Educational Facilities Impact Fees Technical StudyORANGE COUNTY
BOARD OF COMMISSIONERS
AGENDA ITEM ABSTRACT
Meeting Date: January 15, 2008
Action Agenda
Item No.
SUBJECT: Contract Amendment - Education Facilities Impact Fees Technical Study
DEPARTMENT: Planning PUBLIC HEARING: (YIN) No
ATTACHMENTS:
1) Original Consultant Contract
2) Timeline Changes with Changes
Indicated in Strike - through /Underline
Text
3) Signed Contract Amendment
INFORMATION CONTACT:
Craig Benedict, Planning Director,
245 -2592
Perdita Holtz, Special Projects Planner,
245 -2611
PURPOSE: To consider an amendment to the contract Timeline (Exhibit B) of the Education
Facilities Impact Fees Technical Study contract with TischlerBise, Inc.
BACKGROUND: On December 4, 2006, the Board authorized Staff to negotiate a contract with
TischlerBise, Inc. to perform work on an Education Facilities Impact Fee Study. On May 14,
2007, Orange County entered into a contract with TischlerBise, Inc. to provide consultant
services for the study. The contract includes a timeline for the consultant work (see Attachment
1). For a variety of reasons, including internal discussions with the Budget, Manager's, and
Attorney's offices about funding policies and school construction standards (adopted 8- 27 -07),
the original timeline cannot be achieved and is proposed to be extended through June 2008.
In accordance with the desire to keep contract terms up -to -date, staff has revised the timeline to
be consistent with expected progress and has coordinated with TischlerBise regarding the
revised timeline.
FINANCIAL IMPACT: There are no additional costs related to the contract amendment.
TischlerBise has agreed to the timeline amendment and will perform the work tasks in
accordance with the revised timeline for the original contract fee ($50,100) that was included in
the FY2006 -07 budget. Monies were carried forward into subsequent budget years.
RECOMMENDATION: The Manager recommends that the BOCC approve the contract
change and authorize the Manager to sign the contract Amendment.
e c �• • •
THIS A EEMEM't, 0dw ed irgu this J day of Maly 2007, b and between 0Mnge
County. North Cwolipe, hwekatter calleil the -CmW, and TWhiert3iW Inc.. hereinafter
called 'the "Carrsullatht'.
WHEREAS the Coi city is In need of taertam services: and
WHEREAS the C,o wu Cant has expertise in skiderrt generation rates and impact fee
preparaft and analysis.
NOW, THEREFORE, W CONSIDERATION OF THE COVENANTS HEREIN CONTAINED,
and for Other good and valuable txnsiderati0e, the receipt and sufficiency of which is
hereby dw owiedped by each party to the other, a is hereby agreed as folk mw
1. The Cansufnt shall provide those services to the County as more particularly
iderdil ed in the aftched Exhibit "A".
2. In performing the swic es identified in the attedied Ext> W •A'. the consultant shall
perform as steps rmmssary to the full and effective perfamarwe of the tasks specifically
rdiw enced In Exh1: 4A'.
3. Consultant std provide sufficlent qualified pamonnel In perform all services as
mpired herein, including twt not limited to inspections and pueparmtion of reports. as
i sonably re�que ded by, epresentattvas of the County.
e. (A) The term of this agreement shall be from the date Of execution of the
Agreement and Corsudtant work pnduds shy date once base data as outlined In the
scope of work is presented by the County (including pass-through from the school districts)
to the consultant. Thereafter c6na tent work to produce a preaiminW draft report shall be
complete vM-dn 60 days sunless exbN%W by the County for an aMdomai 30 days. It shalt
gate upon the a cmpietbn to the satistacoon of the Couxity of Tasks 1-2 in SeclionA
and Tasks 1-9 ' in Seddon B specitlad in E*" -X. The public hearing referenced In
Section e. Talc 8 is Mpected to occur on Nonrember 19, 2WF and thereafter Consultant
shall complete, the Final Report within T days.
(B) NoNwithslooding the foregoing. this Agreement may be terminated by the
county upon ten (10) days written ndlc e, with or witlhout cause. g this Agreement is
tetmlriated, the Consultant shall be paid for services performed to the date of Consultant's
receiptof such termination notice.
RE
S. Any rte. to be givers by either party to the other mast be in writing, a rW personally
delivered or mailed by prepaid postage and certified mail, at the foMwing address:
SAC: Craig Benedict, AtCP, Orange County Planning Director, 306F Reveres Reed, P.O.
Box.8181, Hilsbon . W 27278. Fac*nile number (919) 644 -3042.
Conscrit :.Paui 3. Tisc r, Tisc hlerBies, Mc„ Sangamore
Buda, MD 20818. Facslndle number (301) 320.4860. Road, State 5244,
6. This Agreement is non - assignable by the Consultant and its subcontractors.
7. The County shall trey to Consultant a tote of Fifty Thousand One Hundred Dollars
and 00MOD (SW,100.00) for Ow completion of all tasks Indicted in Exhibit "A" Scope of
Work (the 'Total Fee'). Consultant shall 'receive a percentage of the Total Fee upon the
completion of each task fisted in both sections A and 8 of Exhibit A according to the
percentage allocation as noted on Exhibit A. Payments will be made by the County within
30 days of receipt of invoice from the Consultant for work identified In the scope of services
and approved as compere by the County.
8, This Agreement shall be construed under the laves of North Carolina.
9. This Agreement and Exhibits NA' and *Er represent; the entire and integrated
Agreement between the County and the Consultant and supersede all prior negotiations,
representatlons, or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both the County and the Consultant. Written and
signed amendments shall a ftnatically become part of the .
errt, and she
su a Ode any Inconsistent provision therein; provided, however, that any apparent
inconsistency shall be resolved, if posslbte, by construing the provisions as mutually
txxnpleneantary and supplementary.
10, In rise event any provision of the Agreement shall be held to be invalid and
unenforceable, the remaining provisons. shall be valid and binding upon the parties. One or
mom waivers either of an
by i�'tY Y provisions, teams, conditions, or covenant shatl not be
construed by the other party as a subsequent breach of the same by the other party.;
11. The Consultant hereby agrees to defend, Indemnify and hold harmless the County,
Its departments and divisions, its employees and agents, from any and all claims, liabilities,
expenses or lawsuits caused by the Consultant's breach of contract or the negligent
performance by Carnsultant (or by any person acting for the Consultant or for whom the
Consultant is responsible).
12. The Consultant shag sere and maintain dui the We of this Agreemem,
insurance coverage which shall Include comprehensive general and automobile Wily In
the arnotrrnt of OA least $1,000,000.00 coverage with an insurer acceptable loo the County.
Consultant shall also maintain errors and omissions insurance In the amount of at least
$260,000.00 for the duration of the coritract and a period of two years after completion of
the contrwt Consultant shall provide the County with proof of such insurance in a form
1116 - to County upon request.
2
9
13. No orW orders. d*cWn, deem. or notice by arry party to the other shed affect or
y >y of the tenlls or obligations contained the went, and, crone of the
provisions of 'this AWeement shat! be hold to be watered or Modified by reason of any act
whatsoiever, odw than by a definitely agreed waiver or modilication thereof In writing. No
evidence of moocallon or waiver other them evidence of any such written notice, waiver, oar'
moth ICOU ns Shall be introduced ln,any proceeding.
14. Consultant duM perform all. work. services destsled herein as an independent
contractor and not as an. officer, agent, servant or employee of Orange Canty. Consultant
strap have exclusive =*ol of and the exclusive right to conhol the details of them
vices
and work performed hereunder and all persons performing the same and nothing herein
shall be construed as ding a partnership or joint venture between Orange County and
Conscetartt. Consultant shaft not be considered an officer, agent, servard or employee of
Orange- Cvurdy, nor shall Consultant be entitle. d to any benefits available or granted to
employees of Orange County,
IN WITNESS WHEREOF, the parties have caused the Agreement to be signed by their duty
authorized representatives as d the _Lk_ day of May 20QT.
Bladkman
County Manager
X1;1 i
:r
Tischlogise, Inc.
ORANGE COUNTY FINANCE DIRECTOR
"'Thy instrtnoent has been, pre - audited in the manned required by the Local Government
Budget and Fiscal Control Act.*
Kenneth T. Ch avlous
3
H
,5
�gLZYT7-7= A",,j777
rs��a;�71 1:;Z2Z
AL Demogmphic and ftedaft GwwaUon Raft Scope of Work
Task 1: ReviewStudent Generation Rd* Calculations
As part of the Wal onsile meetings vAth county and school OW TIschW8Ise will meet with
the only to discuss public school student generation rates. Tischierfillse, Inc. will review
the data providied by the county and DWW ren@*V rates by student grade level
and hOuift 4".0.6- Woo Rally detached, single family attached, spartments, moue
tonnes (whether In Mobile Horne Parks or irxfvkival lots'and primarily single wide)).
TischlerOlse, Im: WIN raise any questions regarding data, supplemental information, and/or
altemadve approaches with appropriate county staff. TischlerBise, Inc, will then prepare
documentation (to be Included In the Demographic and Devekpment Menu (as Indicated
below under Task 2)) ralbrmafting and/or recalibrating the data for ku*,Wcn In the Impad
fee study. The documentation for each school district will list the public school. student:
generation rate by type of housing unit category for each type of school level.
Work Ptodkict- DcsmogrraplaTcs , nd Dewb~ Projections A4ww (See Task 2
be" (10%)
To* 2: Recommox! Demograptic and Land Use Assumpeons and Projectlom
TischlerBlee will review and, N appropriate, update annual projeclion of population, housing
units, and student enrollment. Ibis will. be based on discussions with courdy and school
system, staff at the onalle, interviews as well as review of adsting daaxrneMaiion on
UVWUMU"I naw"PtIorisandprojections. We will prepare a mstraw0um, discusft the
reoorrurrended sand use p4mllom This task will serve to establish 6wists reflecting
Population, hoU*Q. and student enro.ftentS and Wfli also be used in calibration of student
generation rates necessary) (see Task 1).
B. Impact Fee Scope of Work
Task 1. ftvWw QuT" Imp act Fee PnMram.
The rOVISW Of the COUnly'S CUMOt knPaCt fee PUQMM Pertaining to the two sclvol districts
will InckWe examirft existing impact fee methodologies WeVkXSWY CornplatedL by
Tlschlerffise (them Tischler & Associates) In =I. This will inc the geograpift std-
In rotation to the rational news requirements. The work In ffft task
will be based upon onaft interviews with midy staff. The MWitent will Wen" and
119PAR1111kerew Y" changes should be made to the existing school Impact fee pvoWare. If
--I-wy.the oonsukot will pn*msmeffwrmdumdbcuaftrecommended impact fee
4
program dmpgM as they relate to methodological or poky lssm and as discovered in
other'tasks of this scope.
ways Aftmonmdum as WmWW (5%)
Task 2 Ascertain Level of Spice for Each Schad Dis lcL
Orwe tlhe County and school disiric is agree in concept on the varldius choices and &OCtion
noted previously, we will boon Section B, Task 2
There are several important components to ibis took that are outlined below.
a► Mann Dem&w Fwwm -. The actual demand factors that generate do need
for new capital facilities will be finalized.
b. Evahmie ExWtkV Levels of Service — one important subtask is elating the
appropriate level of service, which has already been completed through the
countywide Schoois Adequate Public Facilities MOO and ordinance. The certified
2x06 SAPFQ TAC report will be the basis of levels of service. Impact fees usually
reflect the established levels of service for purposes of calculating the new
demand, unless Mere are extenuating circ urnstances. We will determine the
appropriate current navel of service nxougn onslte interviews with the servlca
providers and am" of local data for any $pedal cimnstances. Existing school
construction. standards. will be analyzed as well as the construction standards for
new schools. This information will be used to project school capital anprove ment
reeds costs to 2017..
cC Dsteraghe Geographic Swvko Area — The appropriate late g p is area
for purposes of calculating the Impact fees will be finalized.
The above subtasks will enable us to ensure that three important irnnpact fee requirements
are met; namely the proportionate share, substantial benefit and rational nexus.
W'or* Product: AAemorandum as approprWe; resufs ceded in lmpaci Fee Report
(Ses Below) (10%)
Task 3. Review Capital Needs and Costs and Allocate to Growth.
IL7, 1. =1.= 1 f V, = 7.7 7 = : M re;r-. ►7 7 .t� t [t,:S!1!!
M
t
f,
whether the feCOMes are tUc�ely to be ba banded, and N so, the amortization schedule..
Also, this task w� review and update other sources of finding for school capita
needs (e,9•. subs kmding).
rw
'7777V.=1-111 '.1 ..1.t',777a'.'i 1- _ f
As part of calouisting tImpact #ess, the County rmy include the constnrction contract
Wm; the cast of aoWft land, improvements, materials and fioftx+es; the cost for pi m*qL
surveying. it . and engineering fees for services provided for and directly related to the
won system irn and debt ser"* charges, If Imped Issas are used to pay
the debt service to fiimnce the cost of the system Improvements. Also inckided will be
support buildings, vehicles, and equipment,
Work Product Abmorandum as appropriate, rswAs knk ded In impact Fee Report
(sae befow) (10%)
Task 4. Calculaw"Cr+edits" to be Applied Against Capital Costs.
A consideration of -credits" "Is an integral part to the development of a legally valid Impact
fee calculation methodology. There is considerable confusion among those who are not
Immersed in impact fee law about the. demotion of a edit and why it may be legally or
equitably rte:
There are, in fact, two (2) types of credits; each vvitlt specific, dislinict characteristics. but
both of which will:be isxluded. (or at least considered) in the development of all Impact fees.
The first Is a credit due to possible double payment situations. This cowl occur when future
cormtt Mons are made by the property owner toward the capital costs of the public facility
already covered by the Impact fee. This type of credit will be considered and incorporated
into the fee amount, if necessary. The second is a credit toward the payment of an impact
fee due for the required dedication of public sites andfor public Improvements provided by
the developer and for which the impact fee is unposed.. This type of credit will be addressed
In the ordinance that adopts the fee and is addressed during implementation.
This task will calculate credits, as appropriate, to account for potential double payment by
new development.
Work Product Men>orandum as appropriate; msuits mcluded in Impact fee Report
(see'beJbw) (10%)
Task S. Conduct Funding Source and Cash Flare Analyses-
In order to calculate the feasible capital improvements needs required by each school
district over time as development occurs, it is, important to evaluate the anticipated funding
sources. Cash flaw prgec dos will be teased on projections of now housing by type and
district provided by Orange County Public Sdoois and confirmed as part of Section A,
Tasks 1 and 2. in thts subtask, we will prepare a hash flown anatysls, which indicates the
sour c a a of funding, independent of impact fees. This calculation will allow the County and
each disrtsrict to better understand the various mvenus sources available, kicluding Impact
a
fees and the additional amouift. which f Mfr be needed if the fees wee not adopted
or were discounted. It will also provide a good underling of the cash flow needed to
cwm the capital facilities both for ads" and new development,
The Mal cash float analysis wig kxfcde wheMer additional funds might be needed or
other the . irnPrawemerrts sd+edtils mid need to be . This ooudd also
affect the toW credits cakesd in the previous teak. Therelbre it is t1ety that a number of
I'- W r rw will be cm kxW in order to refine the lash flow analysis reltec tirM the capital
improvement needs.
Work FWdcxt Menrorrfndrrrn as apprrop ob, results wx*xW In Ind fee Repovt
(see beW (5%)
Task a: Complete impact Fee MadmA logy and Colculation.
The completion of the oboe tasks will enable the impact fee methodology to be
appropriately and equitably determined and finalized. The impact fee that results from this
methodology will be the maximum legally defensible fee for new development in the two
Orange County school districts that could be charged while meeting all the statutory
treWiremer►ts for impad fees. (The County will subsequently decide what peroentage of the
maximum justifiable fee it wants to urge.)
*b* ProdtacL' fee Impact Fee Report Bebw (10%)
Task 7. Preparation of Public School Impact Fee Reports..
We will prepare a craft report for each district which summarizes, the. basis and need for the
impact fees for both school districts and which provides the. relevant fftisthoddogies
employed and documents as assumptions and cost factors. The report will Include at a
minimum the following information:
- Executive Summary
- A detailed description of the methodologles used during the study
- A detailed for of all level of service standards and cost factors used and
accon panying railianale
- A deboled schedule of all proposed fees 19W by land use type and activity meeting
the requiranents of Impact fees.
- Summary of capital improvement needs generated by the projected development
- Other information wig, adeduatety explains and justifies the resulting
recommended fee adiedule
FolkmWng the County's review of ft draft report, we will make mutusily agreed upon
dueng s and issue the final Impact fee► report.
Tisctrie BWs fee report will have flow diagrams dearly Indicating methodolooes and
approach, a series of tables for each activity showing ail of the data assumptiona and
figures, and s narrative explaining as of the deta assumptions, sources and the
rnedfodoiogies. The report wN boa stand -alone doaxnent dearly understood by interested
parties. Because of the firm's wdenstive experience In calculating impact fees and
7
NWA
E
Preparing such rqxxW we have developed a sum written product that leaves a well -
understood paw trail..
WOr'k Product Pubdc Sctoorr &pad Fee Reports (one for each &Ott In Omnge
County, NC) (Draft f0.% F W 5%)
Task & Msetl ry W111 senttrtions.
Consultant Mends to work as part of a team with County staff. Consult wo will act not only
as technical consultants but also as faciikators. Consuft t includes In this. work program
two onsite staff meetings (to include county and school personnel) during this asdgnmeni.
Consultant also will attend two public meetings (one of which is a legally required pulft
hearing) to explain the analysis and conclusions.
Wbrik Product Appropriate Mateniafs and frW hks and Pubk Speaking► (10%)
Task 9. Provide Revised Impact Fee Automated 8preadsheet41ased Models.
Consultant will provide an automated spreadsheet model to air the local government to
calculate the impact fees for each Scholl system. The model will be compatible with the
local governmenrs a dsting computer system. An easy to understand manual will be
provided as part of this task.
Work Product JnWact Fee Autorrtafed Spmadshset-eamW hindefs with Supportf»g
Copurnentallon f�i
8
a
I
to-
By May 16,,2007 Contact apprOval
By May 221 2047 (1) Consultant receives sd oal APFO data from Fanning
(2) Consubnt receives fiscal financial and aP data from Bud jet
and Finance Departments
(3) Planning. Staff provides student gnaration rate data
May 23 -
I
July 23, 2007 Consultant works on Section A, Tasks 1 -2 awl Suction B, Tasks 1 -7
By ]sly 25, 2047 Pr Nminary draft for review by staff
fv
BV August 24, 2007 Final draft
OMob a 23, 2007 Request to BOCC Ivor legal advertisement
November 19, 2007 B= quwb* public heakg
November 26, 2007 Final RW t
N
December 2007 BOC C adoption (effective January 1, 2048, or as the Board decides)
m
r
i
Attachment 2 1
EDUCATIONAL FACILITIES IMPACT FEE
Consultant Timeline
By May 16, 2007 Contract approval
By May 22, 2007 (1) Consultant receives school APFO data from Planning
(2) Consultant receives fiscal financial and CIP data from Budget
and Finance Departments
(3) Consultant does preliminary work on Tasks 3, 4, and 5
(4) Planning Staff provides student generation rate data
May 23 —
ecember 28 2007 Consultant works on Section A, Tasks 1.2 and Section B, _ - MY
Tasks 1-7
By December 31�, 2007 Preliminary draft for review by staff _ - -" 4 DeI July zs
[Staff Review from January 1 to February 15, 20081
By February 22, 2008 Staff comments to Consultant
By May 9.. 2008 Final draft - - 4 Ddeted: August 24, 2007
June 3, 2008 Public Hearing at BOCC regular meeting rconsultant attendsl
June 24, 2008 BOCC Adoption of Fee Revision Ordinance (effective July 1, 2008,
or as the Board decides) rconsultant attendance TBDI
June - - -- - - - - --
30 2008 -- -- -Final Report --------------------------------- ---- -- - Deleted: November 26, 2007
-
N
to
NORTH CAROLINA
ORANGE COUNTY
CONSULTANT AGREEMENT
AMENDMENT
THIS AMENDMENT, is made and entered into as of this the _ day of January,
2008, by and between Orange County, North Carolina, (hereinafter referred to as
"County") and TischlerBise, Inc., (hereinafter referred to as "Consultant").
WHEREAS, the Parties hereto have entered into that certain Consultant
Agreement (the "Agreement") regarding the Educational Facilities Impact Fee dated May
14, 2007; and
WHEREAS, Exhibit B of the Agreement specifies a Consultant Timeline; and
WHEREAS, County Staff have caused delays to said Timeline; and
WHEREAS, County Staff and the Consultant have generated a revised Timeline
to reflect expected progress.
NOW THEREFORE, in consideration of the mutual covenants and
considerations hereinafter set forth, the parties hereto agree as follows:
A. Exhibit B shall be revised to read as follows:
EDUCATIONAL FACILITIES IMPACT FEE
Consultant Timeline
By May 16, 2007 Contract approval
By May 22, 2007 (1) Consultant receives school APFO data from Planning
(2) Consultant receives fiscal financial and CIP data from
Budget and Finance Departments
(3) Consultant does preliminary work on Tasks 3, 4, and 5
(4) Planning Staff provides student generation rate data
May 23, 2007 —
December 28, 2007 Consultant works on Section A, Tasks 1 -2 and Section B,
Tasks 1 -7
L]
By December 31, 2007 Preliminary draft for review by staff
[Staff Review from January 1 to February 15, 20081
By February 22, 2008 Staff comments to Consultant
By May 9, 2008 Final draft
June 3, 2008 Public Hearing at BOCC regular meeting [consultant attends]
June 24, 2008 BOCC Adoption of Fee Revision Ordinance (effective July 1, 2008,
or as the Board decides) [consultant attendance TBD]
June 30, 2008 Final Report
B. All other terms of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be signed
by their duly authorized representative as of the day of January, 2008.
ORANGE COUNTY, NORTH CAROLINA:
By.
Laura Blackmon
County Manager
CONSU
By.
Paul S. Taschler
TischlerBise' Inc.
ORANGE COUNTY FINANCE DIRECTOR
"This instrument has been pre - audited in the manner required by the Local Government
Budget and Fiscal Control Act."
A
2
IS