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HomeMy WebLinkAboutAgenda - 01-15-2008-4uORANGE COUNTY BOARD OF COMMISSIONERS AGENDA ITEM ABSTRACT Meeting Date: January 15, 2008 Action Agenda Item No. ~U SUBJECT: Contract Amendment -Education Facilities Impact Fees Technical Study DEPARTMENT: Planning PUBIC HEARING: (Y/N) 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. .: ,.:... . -. CONSULTi4NT AGREEMENT ,:.. BETWEEN TISCHLERBISE, lNC., AND GIRANGE CGUNTY, NaRTH CARQLINA TfHIS`AGREEMENT, entered into this ~ day of May 2007, by and between Orange County, North Car+~na, hereinafter called the "Count', and TischterBise, inc., hereinafter called 'the 'Consultant". WHEREAS tfe County is in need of certain services; and WHEREAS the Gansuftant has expertise in.student generatwn rates and impact fee .preparation; and analysis. VYHEREAS: the Orange County t3oard of Commissioners approved negotiating the aware! of the contract to TischierBise at their October 1.7, 200fi meeting and authorized the Caunry Planning Director to develop timelines to be incorporated and to bring back the fuU ;proposed agreement and scope of deliverables which occurred on i3ecernber 4,,2Qi)6 prier to the;C~ounty Manager signing an agreement Incorporating substantially the same teens as the pr4posal,_ subject to final review by staff and the County Atbomey. MOW, THEREFORE, IN t'AN5IDERATION OF THE COVENANTS HEREtN CONTAINEQ; ;and for other good and valuable consideration, the nceipt and sufficiency of which is hereby<ackriawiedged by each party to the other, it is hereby agreed as follows: 1. The Consultant shall provide those services to the Cotinry as mare pafficulariy identified in .the attachedExhibit "A". 2. In performing the services identified in the attached Exhibit °A". the consultant shall perform all steps necessary: to the full and effective performance of the tasks: specifically referenced. in Exhibit "AR. 3, Consultant shall provide sufficient qualified personnel to periarm all services as required herein, inciud~g but eat limited to inspections and preparation of reports, as reasanabiy requested by representatives of the Caunry. 4. {A) The'term of this agreement shall be from the date of execution of the Agreement and Consuitant~w+ark products shall initiate once base data as autiined.in the scope of work s presented by the County (including pass-through from the school districts) to:the oorisultant. Thereafter consultant wait to produce a preliminary draft.report shall be complete within t30 days unless extended by the County for an additional 30: days; It shall terminate upon the completion to;the satisfaction of the County of Tasks 1-2 In Section A and Tasks 1-9' in Section B; spse~ed in Exhibit "A'. The public hearing referenced in Section 8; Task 8 is expected to occur on November 19.200? and thereafter Consultant shall complete the Final Report within 7 days.. {t3j Notwithstanding the foregoing, this Agreement maybe terminated by the County upon ten {10j days written notice,'with or without cause. If thts Agreement is terminated, the Consultant shall be paid for services performed to the date of Consultant's. receipt afi such temtirtation notice. 1 5, Any notices to be given by either party to the otfier must be in writing; anal personally delivered or mailatt by prepaid postage and cer#if"ied snail, at the following address; Coun .Craig Benedict, AICP, Orange County Pisnning Director, 306F' Revere Road,, P;4. Box 8'181, Hillsborough,. NC 27278. facsimile number {919}6443082. Consultant Paul S. Taschler; Tischler8ise; inc., 4701_ Sangamore Road, Suite S24!}, Bethesda, MC 2t}81fi. Facsimile number (301) 32~D-486Q. fi, , This Agreement is non-assignable by the Consultant and its: subcontractors. 7: The trounty shatl;pay to Consultant a total: of Fifty Thousand !one Hundred Dollars and tl0!'t{yt) {$5iD,1t}Q:Ot)} #or the completion of all tasks indicated in Exhibit "A" Scope of 1Nork {the "Tafa1 Fee"}. Consultant shail'receive a percentage of the Total F~ upan the. completion of each task listed: in both sections A and B of Exhibit A according :to the pert~ntage 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 complete. by the County. 8.. Phis Agreement shall tae construed under the laws of North Carolina. 9. This Agreement and Exhibits "A"and °B" represent; the entire and. integrated Agreement between the CQUnty and the Consultant and supersede till prior negotiations, representations, or agreements, either vuritten or oral. This Agreement maybe amended only icy written ins#rument signed by both the bounty and the Consultant. Written and ~. signed amendments shall autfxnaticaliy beaonle part of the Agreement, and shah. '- - `supersede any inconsistent provision. therein; provided; however, that any apparent inconsistency shall 6e resolved, if passible; by construing the provisions as mutually cornpiernenfary and supplementary:. 1Q, in:the;event any,provision of the Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties: Qrte ar more waivers b ;.either a of an y p rty y proVis~ons, terms, conditions,, or covenant shall not be: construed b the other y early as a: subsequent breach of the same by the other party,; 11, The Consultanf hereby agrees to defend, indemnify and hold harmless the County, its departments and- divisions, its employees and agents, from any and till claims; aiabifities, expenses or lawsuits caused by the Consultant's breach of contract or the negligent performanceby Consultant {or"by any person :acting far ttie Consultant orfar whom the Consultant s responsible}. 12. ,The Consultant shall secure and rnatntein during the life of thisAgreement, insurance caverage!which shall include. cpmprehensive general and automobile liability:in the amount aif at least $1,t}OO,OOQ.OO coverage with an insurer acceptable to the County. Consultant shall also maintain errors and omissions insurance in the .amount of at least $250,Q0~:00 for the durat<on of the contract and a period of ;two years after completion of the contract.: Consultant shall provide-the County with proof of such insurance in a form acceptable to County upon request. 2 ,:_ _: :: 3~ 13. No oral oniers.:objec~on, daim, or notice by any party to the other shall affect or modify any caf the: farms or obligations iCOntained in the Agreement, and: Wane of the; provisions of this Agreement shall, be held to be waived;or modifed by reason of any act wt~atsoevef,'otherthan by a definitely agreed waiver or modification thereof in writing: No evidence; of rnodifrca[i~t or waiver other than evidence of any such written notice,,waivet, or' modifications shall be ntraduced irti,any-proceeding. 14,: Consultant shall perform:all;.work and services described herein as an independent contractor and not as an: officer, agent. servant or employee of C?range County. Consultant .shall have`exdusive cantml of and the exclusive right to Control the details 4f,ti5e services and work performed hereunder and, ail persons performing the same and nothing herein si~ali be construed; as creating a partnership or joint venture between Orange County and Consultant. Consultant shalt not be cxxtsidered an officer, agent, servant'or employee: of. Or~1ge-County; nor shall Consultant be entitled to any benefits avaitable.or granted to employees of Orange County: ,; IN WITNESS WHEREOF,, the parties have caused the Agreement to be s{fined by their du{y authorized .representatives as of'the ~t~ day of May 2t~7. ORA,AtGE COUNTY, NORTH CAROLINA !.aura. Blackmon Gaunty Manager C Paul S. Tischler TischierBise, inc. ORANGE COUNTY FINANCE GtIRECTCR "This;instcument has'been,pre-audited in file manner required by the Local Government Budget and Fiscal Contrgl Act,° Gam...-.^".:"" ,~ /l ~ Kenneth T. Chavtaus t)a e 3 t _`- _ ... .,' ~~', ~ 3!".E~;:~'.:ir~i[.J..-:.a<,~»-~c~,~'"~.. ~':.E~,u..-_x+~'rs:.,_t'r-ti.,~ "k,wS..: _.:~:~~Fi -a,r,',~s`. ~..:.... ,-. ~'~, ti:~~. ~ . ''.. .. ~CAf7tt3l, a1n SCt1PE Oi= WClRK .Note: Al! #asks acrd work pr+~ducts relate to the iwa sciroot districts wlthln grange Caunty, • Orange County $ciloul District' and Chapel h-ill/Carnbaro-City School District. A. Demographic and Student Generation Rate Scope of Work Task 1:' Review Student Generation Rate Calculations As part of"the: ini~al ansite meetings with county and school staff, Tlschler8ise will meet with :the county to discuss public school student generation rates.: Tischierl3ise, inc:.wlii t?eview the data provided by they county ar~d Schoal Dis#rice neftecfing zates by student grade ,ieyel aru9 housing type ji.e„ single family detached; single family attached, apartments, mobile homes:~whether to Mabile Hama- Parks or indiViduai lats'and primarily single wide]. TschlerBse; Inc. will rais+a any questions regarding data; supplemental information; andlor aitQmative approaches with: appropriate county staff, TischterBise, inc. will then prepare documentation (ta 6e inGuded in the Demographic and Development t-rlemo (as indicated bei+~w underTask 2)~ refarma#ting andlor'recalibrating the data for inclusion in the'impact Fee study: The documentation for each school district will list'the public school: student` generation rate by type of housing unit category far each type of school level, tMork Product: Demographics and t)evebpment Projections Mema (3ee Task 2 below) (1 p'~O) Task 2: Recommend Demographic and Land Use Assumptions and Projections. Tischler8ise vvili review and, if approprate, .update annual prrojections of population, hausir~g units, and student enrollment. 'This will. be based on discussions with cxx~nty and school system staff at the onsite interviews as well as n:view of existing documentation on dpvstopment assumptions and projections,. We will prepare, a memorandum discussing rile nacommended land use projections, This-task wilt serve tQ +~siabiish forecasts refiect'ing .population, housing,, and student enrollments and will also be used in calibration of student generation rates {if necessary) (see Task 1 }, Woflt Product: ~emcu,~raphic and Development Projectiorts.Memo (lnclurting Student. Generation. Rates) (i0°6j B. Impact Fee Scop® of Work Task 1. Retvtew Current Impact Fee Program. The review of the County's current impact fee program pertaining to the twp school:districts writ include eMarrtinrtg existing impact fee methodologies previously canpleted by 1'isctiler8ise then Taschler 8~.Associates} in 2Qt}1. This vuill include the geographic sub areascun'er~tly'utili~ed in'retatlon to the rational nexus requirements: The work in #hi$ task wiN'b®basee;upon ansite interviews with county staff. The consultant wil~.identify and recarnmend.what changes should be made to the existing school impact fee pragrarn. if necessary, ttre consultant wili.prepare a memorandum discussing cecammended impact fee 4 lU program;changes; as they relate to mettroddogiCal or poii+~y issues artd a$ discovered. in other tasks of this scope. K Worf~ Prnducf: Membn~ndum as approopriate (5%) y Taak 2 Ascertain level of $enrice for Each School,0istri+ct. r Once. the County and school districts agree in concept'on Ehe Various choices and direction a noted praviousiy; vve wilt taegin Section B, Task 2: There are several important components to this task that are outlined below. { a. Ascetfaln Demar~+d' Factors -.The :actual demand factors that generate the need: for new capital faalities will be finalized. 4 b: tvaluate Exlsting Levels of Service -One important subtask is .calculating the . appropriate level of service, which'has alreadybeen completed:through, the countywide,Schools.Adequat~ Public Faalities Mt?U and Ordinance. The certified 2406 SAPFt7~ TAB report will be the basis s~f levels af: service. Impact fees usually reflect the established levels of service far purposes' of calculating the new ,: demand, unless there are extenuating arcumstances; lttle will determine the appropria#e current level of service through onsito interviews with#tie service .. providers and analysis Qf local data for any speaaf circumstances. Existing, school construc'~ion starjdards wiif be analyzed as well as the construction standards for new schools. This infon~nation will be used' to project.school capital improvement needs costs to 2t}17 r c. L?e#erm/ne Geographic Service ~4rea -The appropriate geographic service area for purposes of calculating the impart fees wiil'be finalized. The above subtasks will enable .unto ensure that three important impact fee requirements are met, namely the proportionate share, substantial benefit and rational nexus: tNark Prodacf: Memorandum es appropriate;. results included in lmpacf Fee Report (See Below) (1096) Task 3. Reviiew Capital Meads and Casts'and Allocate to Growth. This task will culminate in'the relevant capitut needs and costs due tv growttl. A. Long Range Capital hleeds. 1n this subtask, Consultant. will furtherreview the various student,projeGtian and school data,ge~msn~ to the relevant school categories:. Consultant will work with staff to forecast the capital facility needs ~induding lan~dj, due to,development projected;to 2417. The discussions may include not only an understanding of the speaficcosts to provide the schools, but also indude'discussions pertaining to whether these Capital facilities needs were due to normal replacement, catch-up, or new demand. 8, Review Cost E~timatss. in this subtask'the consultant will review, es relevant, the various capital costs for faatitles. As part of this subfask, we wilt ascettain 5 Y aK„y a r S N n ="r... ! rt - 1 E .r.., .x ~ ~ L..1 j 5. . ,_ whether the f8cliities are likely to be bonded, and if so, the amortization schedule.. Also, this task will reviewand update other sources of funding frcN school capital. needs: deg:, State fur-ding). C. Evaluate and Finalise D;tlererr~;~ltlocailan A~fe~lradarocrt~ - TlsdhterBise wig. flnatize'differerat po$sibls alio~caHan m$thodologi~s to determine which-is the mash apprc~xiate liar each c~omponent'of the fee. As partof caic~la6ng the impact-fees, the County may include the aanstruction contract price; the cost of acquiring land, improvements, materials anal fixtures; the cost for planning; surveying, and engineering;fees for senrii,~s provided #or and dlrectfy"related to the construction system. improvement; :and debt service charges, if impact fees ere used to pay the debt service to finance the<cost ~of the system improvements. Also included will be upport buildings, vehides; -.and equipment: Work Product lblemorandum as appropriate; r~aSUlts Fncluded in tmpacf Fee Reporf (see belpw) {1 tNio~ Task 4. Galaulate"Credits" to lee Applied Against Capital Casts. A consdera4on of "credits" is an integral part. to the development of a l8gally valid impact fee calculation methodology., There is considerable confusion among tlloSe who are note immersed iri' impact fee law about the definition of a credit,and why it may be legally or equitably required: There are, in fact; two {2j types of "credits," each with specific,. distinck characteristics, but both 4f which will be ineluded for at Isast.consid~ered} in' the development of ail impact Fees. 'fha t'irst is a credit due to possible double payment situations. This could occur when future contributions are made by the property-owner toward the capital oasts of the public.facility already covered by the impact flee: This type of: credit will be considered and incorporated iryto ttie fee amount, if necessary. The second is a credit toward the payment of an impact fee due for the required dedication of public sites andlor public improvements provided by the developer and for which the impact Fee.is imposed: This type of credit will be addressed in the ordinance that adopts the' fee and is .addressed. during irnpiementation. This task wili'calcutate credits, as appropriate, to account for potential double. payment by new development. Work Pnaducf: iillemorandum as appropriate; resul#s included in Impact Fee Repots jsee'below) ~'10Ra} _ Task, S. Conduct Funding Source and Cash Flaw Anailyses. in order to calculate thie feasible capital improvements needs required by each school " district over #ime as developmentoccurs, it is: importantto evaluate the anticipated fundir-g sources. Cash flow projections will tae based an projections of new housing bytype and die#rict provided by Orange County Public Schools and c~anfirrned as part of Section A, E Tasks 1 and 2. in thi$ subtask., we will pnepars a cash flow analysis, which indicates the y sconces offuniding, independent,Qf impact fees: Phis calculation will allow the County ar~d each district to better understand the Various revenue sources availai3le, including impact a. 6 ?. r f~?;~.}/~;v.:2.L:',.?b~~dz_.~.r.:9~5)~~.t~::_.:..:~t_`,2~,..,. .~,._k... ~.... .t..-_: t:..zi:.:~ro`..Y.; .~~..,t•a>....~:frs~t ~~ .~u .:~_ s...i ..,..v.{ :... ~ i:. f ~..:.}: _-.~ ?4.. r.nPc ..a2 :, ..., ~:.i.; . fees and fie additional amount,. which might be needed if the impact fees were not adopted or were`discounted:. 1t wlil alsa- provide a good understanding of the cash flow needed to. cover the capitaifaalities, both for existing and new development; The init;al cashflow analysis wiiCindicate whether additional funds might be needed or: whether the cap~tai:impmvements scheoule might need to bg chang~t:: This;could also affect the, total credits calcuiated in the previous task.. Ti7erefore it is Gkely that a numtaer ot` . iterations wilt be;+conducted in order to retlne the cash flow ana3ysis reflecting the capitat impnwement needs. .Work Praducf: Memoraridurn as approprisfe; results rncfuded in i'rripect Fee. Report {see below) (5~) Task ~-: Complete impact pea Methodology and Calculat+on: Tice completion of the above tasks will enatsie the impact fee methodology tb bs appropriately and equitably determined an~f:finabzed. The impact fee.;that results f[orn this inethodalogy will be the maximum legally defensible fee fqr new development in the: two Orange County school districts that could be charged while meeting all the statutory requirements for impact fees: {The Caunty'wilt subsequently decide what percentage of the .maximum justifiable fee it wants to charge.} Vt/ark Product: ~e impact Fee; Repcxf Below (~Q°lo} Task 7. Preparation<of Public: School Impact iFee Reports:. We will prepare a draft. rrt far each district which summarizes, the. basis and need far the impacE fees for bath school districts .and which. provides .the. relevant methodologies :employed and: documents a1i assumptions and cost-factors. The repot# will include at a minimum the following information: - Executive Summary A detailed descripifan of the methodologies used during the study - A detailed description. of ail level of service :standards. and cost .factors used and' accompanying rationale A detailed schedule of all, proposed fees.listed by land use type and activity ,meeting the requirernenta of impact fees. $urnmary:af capital improvement needs generated; by the projected development: - +Other information which adequately explains and justifies titre resulting reco~rrtimended fee schedule t=ollowing the Cpunty's review of the .draft report, we will make: mutually agreed: upon changes and issue the final impactfee repoR. TischierBise.'s; fee, report will have flow diagrams .,clearly. indicating. methodologies and approach,> a series of tabies for each activity shrnving all of the data assumpitons and figures; and a narrative explaining alt of the. data assumptions, sources and the - rnetfiodologies: 'The report will be a stand-atone document deafly understood by interested par4es. Because of the firm's extensive experience in calculating impact fees and preparing such ceparts, vuci have d~aveloped a succinct.written product that leaves a well- un~rs#ood paper trail. Work Product: Pub11c School lr»pact Fee Reports done for each district in {)range County, NC) tDraft ~0'~o Flnal 59d} -Task 81 NleatingslPresentations.. ~onsuifant intends to work as part of a team with County staff. Consultan# will act not only as:ted~nicakconsultanis but also as faciiltators. Consultant includes in This work program two onsite staff meetings tbo include county and school personnel}.during this assignment. Consultant also will attend. two public meetings done of whid~ is a legaify required public hearing) to explain the analysis and conclusions. Work Product: Appropriaiae Materialsand Graphics and Public Speaking {1t~%} Task 9: Provide Revised Impact Fee Automated Spreadsheet-Based Models. Consultan# will prr~vide an automated spreadsheet model to allow the' Iacal gQyernmenf to calculate the impact fees for each Scfiool system, The model will be compatible with the i+dcai government's' e~sting computer System. An easy to utxierstand manual will tee provided as part of this task. Work PnxiucL• .Impact Fee Automated Spreadsheet-eased Models: with Supporting .Documentation {SsYo~ '.~.a,. ~ i. aaFr'4a•.w.I[. =_2~.: r' -.^u^ _ ~_ ~.. t 9 .. v >. f ~ " ~ Y \,~` "". -,._~~:.~.a5 ~:. i.. ._.. ',_.~. .... iex_.. ._c.:...._... .._....d1a.,:.,,, k:.~s.__ '"sa..~5, .. ., ........~{. . ,. .t: .. ... . ~... .._~ ..., A 1 ~ "EXHIBIT 8" EDUCATIQNAL FACILITIES IMPACT FEE Consultant Timeline By May 16, 20Q7 Conkract approval By Nlay 22, 2007 (1) Consultant receives. schrxai. APFQ data .from Planning (2) Consultant receives fiscal financial and CIP data frarn Budget acid Finance Departments {3} Planning Staff provides. student generafian rate data May 23 :July 23, 2007 Consultant works on Section A, Tasks i-2 and Section B, Tasks i-7 By 7uly 25, 2007 Prelirninary draft fore review try staff n- uy August 24, 2047 Fnal'draft tJctober 23, 2+D07 .Request to BOCC far legal adverOsement November i9, 2007 BC+CC quarterly public hearing. November 25, 200? Final Report ni Clecember 200? B~OCC adoption (effective January 1, 2008,, or as the Board decides) 'x -m~_+.e.a.. a..H~?;:..A-e,n., _:r3's'~'~r`,.x~f:~ 4 is °. yi''`r..: ru.~ . .,f ..:.~.~:,°,* ..:[._,; .._ . .. ~_~.... ....... ~~~.~ .._...... _! _..~_.,....~....:~5 ~~ ;- r' Attachment 2 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 - necember 28 2007 _ _ _ _Consultant works on Section A Tasks 1.2 and Section_B, _ _ _ _ - Deleted: duly z3 A---------~ ------ --------------r---- ,~ Tasks 1-7 By pecember 31, 2007 _ _ _Preliminary draft for review by staff _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - oeietea: ~uiy zs Staff Review from January 1 to February 15, 20081 By February 22, 2008 Staff comments to Consultant By.,~I_a~_9,_2008 _ _ _ Final_draft _ , - Ue~etea: August z4, zom June 3, 2008 Public Hearing at BOCC regular meeting [consultant attendsl June 24, 2008 BOCC Adoption of Fee Revision Ordinance effective July 1, 2008, or as the Board decides~[consultant attendance TBDI une 30 2008 _________Final Report _______________________________________ -- Ue~etea:Novemberz6,zom ------r------ ` N +a 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 Coy By May 22, 2007 (1) (2) (3) (4) tract approval Consultant receives school APFO data from Planning Consultant receives fiscal financial and CIP data from Budget and Finance Departments Consultant does preliminary work on Tasks 3, 4, and 5 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 ~3 By December 31, 2007 Preliminary draft for review by staff [Staff Review from January 1 to February 15, 2008] 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 ORANGE COUNTY FINANCE DIRECTOR "This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act."