11/13/1991
MONROE COUNTY
F!LED F nc RF(~npr'
FIRST AMENDMENT TO AGREEMENT FOR CONSULTING SERVICj.p NOV 20 A 8 :24
j'-.\ Hi",
THIS AMENDMENT to the AGREEMENT FOR CONSULTING SERVICES date'C J\!~~ 4,
1991, by and between the MONROE COUNTY BOARD OF COUNTY COMMIS8rmNmRS, H: 1. ,.
Monroe County, Florida, referred to as the "CLIENT" and FREILICH, LEITNER,
CARLISLE & SHORTLlDGE, with offices located at 1000 Plaza West, 4600 Madison,
Kansas City, Missouri 64112, referrer;t to as the "LEGAL CONSULTANT," made and
entered into this JI.th. day of ~"..... 'u'r , 1991.
WHEREAS, the CLIENT has determined that it is necessary, expedient and to the best
interest of the CLIENT to expand the legal consulting and related professional services
to be provided by the LEGAL CONSULTANT in connection with the revision, amendment
and implementation of the Comprehensive Plan pursuant to Chapters 163 and 180 Florida
States and the studies, analyses and regulations associated therewith.
WHEREAS, the CLIENT desires to add specific work tasks and a supplemental budget
for additional Phase I tasks.
WHEREAS, the CLIENT desires to add Phase 2 Impact Fees services as listed in Section
2 of the AGREEMENT.
WHEREAS, the CLIENT desires to add Phase 3 Concurrency Management as listed in
Section 2 of the AGREEMENT.
WHEREAS, the LEGAL CONSULTANT shall include a timetable for the performance of
such additional tasks and phases pursuant to Section 4 of the Agreement.
WHEREAS, the LEGAL CONSULTANT shall include a cost limit by Phase pursuant to
Section 5 of the AGREEMENT as well as a payment schedule coordinated with the
submission by the LEGAL CONSULTANT of deliverable work products and/or the
attendance by the LEGAL CONSULTANT at meetings, workshops or public hearings, as
are required pursuant to the AGREEMENT.
WHEREAS, the AGREEMENT (Section 7) provides that all work assignments in addition
to those set forth in EXHIBIT "A-1" shall be authorized in writing by the CLIENT and that
such authorization shall be in the form delineated as subsequent exhibits attached to and
made a part of the AGREEMENT.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
#7017
1
SECTION 1. The AGREEMENT shall be amended as follows:
(a) In Section 2, Scope of Services, add after "Phase I - Plan
Preparation, Legal Defensibility and Plan Implementation," the following:
"Phase 2 - Impact Fees
Phase 3 - Concurrency Management"
(b) In Section 2, Scope of Services, add to the second paragraph
the following:
"Work assignment number two is defined as Phase 2 - Impact
Fees - Scope of Services - Exhibit C-1, attached hereto and
made a part of this Agreement.
Work assignment number three is defined as Phase 3 -
Concurrency Management - Scope of Services - Exhibit 0-1,
attached hereto and made a part of this Agreement."
(c) In Section 3, Client's Responsibilities, subsection 3.2, add after
"Exhibit 'A-1 '" the following:
", Exhibit 'C-1' and Exhibit '0-1'."
(d) In Section 3, Client's Responsibilities, subsection 3.4, add after
"Exhibit 'A-1'" the following:
", Exhibit 'C-1' and Exhibit 'D-1'."
(e) In Section 5, Compensation, amend the "cost limits by Phase"
to read as follows:
#7017
2
Cost Limits bv Phase
"Phase 1
Plan Preparation,
$ 45,975 - $58,9002
2 Note: The scope of and work assignments to be added as Supplement #1 and to
be funded by the supplemental Cost Limit for Phase 1 as set forth below:
Task
Estimated Cost Limit Ranoe
(i) Completion of Platted Lands Analysis $ 3,400 - $ 4,900
(ii) Transfer of Development Rights $13,100 - $14,900
(iii) Review of, coordination with and
comment on Planning Consultant
Working Paper #2 $ 3,500 - $ 5,000
(iv) Attendance at and participation in
Nov. 13, 1991 BCC/PC joint meeting
on Working Paper #2 $ 2,400 - $ 3,800
(v) Review of, coordination with and
comments on Planning Consultant
Working Paper #3; input to Working
Paper #3 to identify implementation
implications of the alternative
plan concepts $ 3,500 - $ 4,200
(vi) Attendance at and participation in
Dec. 11, 1991 BCC/PC joint meeting
on Working Paper #3 $ 2,400 - $ 3,800
(vii) Attendance at and participation in
Dec. 18, 1991 BCC/PC joint meeting
on selection of Plan concept $ 2,400 - $ 3,800
(viii) Review of, coordination with and
comments on draft Comprehensive Plan
Elements to ensure legal defensibility
and implementability of the proposed
Comprehensive Plan $ 5,800 - $ 7,800
(ix) Analysis of legal options for promoting
~7 3
(Supplement Legal Defensibility (Supplement #1)
#1) and Plan Implementation
Phase 2, Impact Fees $150,000
2A and 2B
Phase 3 Concurrency Management $114,500
ODtlonal
Phase 2C School Impact Fees $ 30,000"
Phase 3A Computerized CMS Database, To Be Negotiated
Hardware and Software
(f) In Section 6, Payment to Consultants, add the following new
subsection 6.3:
"6.3 LEGAL CONSULTANT shall submit invoices for services
rendered by the LEGAL CONSULTANT based on the budgets
incorporated in Phases 2 and 3, so that such invoices
coincide with the submission by the LEGAL CONSULTANT of
deliverable work products. The CLIENT shall review such
work products within fifteen (15) days after submission, and
submit such review to the LEGAL CONSULTANT so that the
LEGAL CONSULTANT can make appropriate revisions and
resubmit the work product within fifteen (15) additional days.
Thereafter, the CLIENT shall make payment within thirty (30)
additional days."
SECTION 2. The AGREEMENT shall be amended by adding thereto "Phase 2 - Impact
Fees, Exhibits 'B-1' and 'B-2,' Work Assignment #2," attached hereto and made a part
of this AMENDMENT to the AGREEMENT.
affordable housing objectives, including
review of existing MCLDR ~ 9.5-496 $ 4,000 - $ 5,100
(x) Responses to Miscellaneous requests
by the County $ 4.375 - $ 5.600
TOTAL: $45,975 - $58,900
~7 4
SECTION 3. The AGREEMENT shall be amended by adding thereto "Phase 3 -
Concurrency Management, Exhibits 'C-1' and 'C-2,' Work Assignment #3," attached
hereto and made a part of this AMENDMENT to the AGREEMENT.
IN WITNESS WHEREOF, the parties here~ have caused these presents
to be executed on the ~ day of JJ oj... A.r , 1991.
MONROE COUNTY
Signed, sealed and delivered in the
presence of:
By:
.~.&.'aJ ~-"^-:\\~~
Wilhelmina Harvey, Mayor
AttestDANNX :r. ~o~%f.~
~;R 1J-4J ~.~
Approved as to legal sufficiency:
FREILICH, LEITNER, CARLISLE &
SHORTLlDGE
#7017
5
EXHIBIT IC-1"
WORK ASSIGNMENT #2
PHASES 2, 2A and 2B; and OPTIONAL PHASE 2C. IMPACT FEES
Backaround
The structure of our proposed work program depends, in part, upon the public facilities
to be considered for impact fee financing, which are as follows:
Facility
Transportation
Community Parks
Libraries
Solid Waste
Police Facilities
Fire Protection
Facilities and
Emergency Medical
Services (EMS)
Newv. Regulatory
Existing Cite LOS
Existing ~9.5-491 Yes
Existing ~9.5-492 Yes
Existing ~9.5-493 No
Existing ~9.5-494 Yes
Existing ~9.5-495 No
New
No
The significance of a "regulatory LOS" is that the State has mandated its inclusion in the
appropriate element of the Comprehensive Plan. Because the Monroe County
Comprehensive Plan will be revised, and, specifically because the Objectives,
Recommendations and Comments (ORC's), issued by the Department of Community
Affairs (DCA), questioned the level of service standards, the final LOS for these facilities
may not be determined for several months. Therefore, our work should proceed in two
(2) phases: Phase 2A to include libraries, police facilities and fire protection facilities; and
Phase 2B to include Transportation, Community Parks and Solid Waste facilities. Since
it would be extremely difficult to draft and process more than three (3) impact fees at
once, this phased approach will not effectively cause any loss of time.
Monroe County does not presently utilize school impact fees. The authority of counties
to use such fees has recently been determined by the Florida Supreme Court in a case
from St. Johns County, in which the Court upheld the use of school impact fees. Since
the case was only recently decided, the Board of County Commissioners has not yet had
an opportunity to discuss the issue, nor, we believe has the School Board. If such fees
are utilized, they must be imposed by the County, but will be collected for the benefit of
the School Board. Therefore, an intergovernmental agreement would be needed between
the two entities so that the money collected by the County can be transferred to the
#4748
1
School Board. School impact fees are presented as an oDtional phase 2C and has been
costed separately from the remainder of the Amendment to the Agreement between
Monroe County and Freilich, Leitner, Carlisle & Shortlidge.
ScoDe of Services
Work Asslanment Task 2.1. Initial Meetlnas and Pro~ect Oraanlzatlon
The LEGAL CONSULTANT shall conduct meetings with COUNTY staff and officials for
the purpose of collecting relevant documents; identifying potential problems; identifying
goals and objectives; identifying and documenting COUNTY public facility needs in
relation to projected growth and development (by type and location); analyzing existing
COUNTY impact fee ordinances and procedures; and analyzing existing COUNTY
exactions and dedication provisions.
The initial meetings should include representatives of the following COUNTY departments:
· Planning
· Building
· Growth Management
· Finance and Budget
· Transportation
· Parks and Recreation
· Fire and Emergency Medical Services
· Police
· Libraries
· Solid Waste
Deliverables: Outline and oral presentation to Board of County Commissioners;
listing of County departmental contact persons; memoranda analyzing existing
impact fee provisions of the Monroe County Code.
Work Assianment Task 2.2. Document Review
The LEGAL CONSULTANT shall review and analyze existing COUNTY reports, data,
documents, studies, ordinance, regulations and plan elements relevant to the develop-
ment of impact fees for the specified public facilities.
Deliverables: Document summaries.
Work Assianment Task 2.3. Data Review
For each public facility, the LEGAL CONSULTANT shall review and evaluate data relative
to the following:
#4748
2
. adopted level of service standard
. current demand for services
. inventory of current facilities
. existing level of service
· deficiencies, if any
. funding sources for deficiencies
. projected levels of service
. facilities design and costs
. historical and projected facility costs
. policies affecting service delivery
. marginal costs to add capacity
. past and projected capital expenditures
· revenue sources
. population and land use projections (by land use type)
The LEGAL CONSULTANT shall determine the extent to which current and reliable data
is available. If there are data gaps or weaknesses, the LEGAL CONSULTANT shall
identify same and suggest to the COUNTY possible approaches to obtaining such data
in a timely fashion.
Deliverables: Data summaries and memorandum.
Work Asslanment Task 2.4. Leaal Research and Analvsls
The LEGAL CONSULTANT shall research recent national and Florida case law in order
to assure an up-to-date picture of applicable legal requirements. The LEGAL CONSUL-
T ANT shall summarize and outline the following legal issues/points:
· authority for impact fees
· "rational nexus" test
· needs/benefits
· earmarking
. timing of imposition and collection of impact fees
· credit requirements
· refund requirements
· geographic applicability
· deficiencies analysis
· legal of service standard
. relationship of impact fees to other development exactions
· allowable impact fee expenditures
Deliverables: Outline of legal issues presented in tabular format as follows:
"Leaal Issue
Preferred (and Alternative) Approaches Citation"
~748
3
Work Asslanment Task 2.5. Issues Analysis
The LEGAL CONSULTANT shall identify "decision points" with respect to the proposed
impact fees. Specifically, the LEGAL CONSULTANT shall provide the COUNTY with a
listing of permitted impact fee expenditures by facility pursuant to the legal conclusions
resulting from Task 2.4. Further, the LEGAL CONSULTANT shall expand upon the
review and evaluation of data as specified in Task 2.3 to ensure that a proper deficiencies
analysis is performed including the existing and proposed LOS; facilities needed to bring
the existing LOS to the proposed LOS with respect to existing development; facilities
needed to maintain the proposed LOS as new development occurs; and costs, funding
sources and timetables for providing the needed facilities.
Deliverables: Outline of "decision points" presented in tabular format as follows:
"Issue
Existina Impact Fee Approach Preferred (and Alternative)
Approaches"
Work Asslanment Task 2.6. Draft Procedural Ordinance
Relying upon the previous work assignments, the LEGAL CONSULTANT shall draft a
Procedural Impact Fee Ordinance, including all relevant and generally applicable
provisions (Le., provisions applicable to each of the six (6) proposed impact fees. The
"procedural ordinance" is a convenient way to establish uniformity among the various
individual impact fees with respect to fundamental procedural matters such as
administration, earmarking, appeals, credits, refunds, annual review, time of collection,
time of expenditure, exemptions and definitions.
Deliverables: Draft Procedural Ordinance
Work Assianment Task 2.7. Final Procedural Ordinance
Following COUNTY staff review and comment, the LEGAL CONSULTANT shall prepare
a final draft of the Procedural Ordinance with a Commentary explaining the approach
selected in individual sections of the Ordinance.
Deliverables: Final Draft Procedural Ordinance with Commentary; specific legal
or technical memoranda, as needed.
#4748
4
Work Asslanment Task 2.8. Adoption of Procedural Ordinance
The LEGAL CONSULTANT shall present the Final Draft Procedural Ordinance and
Commentary to the Board of County Commissioners at two (2) public hearings, as is now
required by the Florida Statutes with respect to all ordinances "affecting the use of land."
This task shall include preparation of notices for the public hearings; revisions to the
Procedural Ordinance between public hearings, as may be necessary; finalization of the
Procedural Ordinance; and any necessary follow-up.
Deliverables: Revised Procedural Ordinance, if necessary; outline and/or graphics
for presentation to the Board of County Commissioners.
Work Asslanment Task 2A.1. Backaround Reports
For each of the public facilities to be considered in this phase, the LEGAL CONSULTANT
shall prepare a Background Report which shall address the key substantive is-
sues/decisions to be made with respect to the particular facility, the data/documents relied
upon to make those decisions and why said decision is needed in the impact fee
calculation methodology. Separate Background Reports will be prepared for Libraries,
Fire Facilities and Emergency Medical Services and Police Facilities.
Deliverables: Background Report on Libraries; Background Report on Fire
Facilities and Emergency Medical Services; Background Report on Police
Facilities.
Work Assianment Task 2A.2. Technical Reports
For each of the public facilities to be considered in this phase, the LEGAL CONSULTANT
shall prepare a Technical Report which shall detail the calculation methodology, data
assumptions, level of service standard, facility cost information, per unit costs,
apportionment among land use by type, credit calculation (if necessary) and final impact
fee amounts.
Deliverables: Technical Report on Libraries; Technical Report on Fire and
Emergency Medical Service Facilities: Technical Report on Police Facilities.
Work Assianment Task 2A.3. Draftina and Adoption
For each of the public facilities to be considered in this phase, the LEGAL CONSULTANT
shall draft an impact fee ordinance, review said ordinance with the COUNTY staff and
revise, as necessary, and finalize the ordinance for presentation to and adoption by the
Board of County Commissioners.
#4748
5
This task shall include preparation of notices for and attendance at two {2} public
hearings; revisions to the Impact Fee ordinances, as required; finalization of the
ordinances in appropriate COUNTY form; and any necessary follow-up.
Deliverables: Library Facilities Impact Fee Ordinance; Fire Facilities and
Emergency Medical Services Impact Fee Ordinance; Police Facilities Impact Fee
Ordinance.
Work Assianment Task 2B.1. Backaround ReDorts
For each of the public facilities to be considered in this phase, the LEGAL CONSULTANT
shall prepare a Background Report which shall address the key substantive is-
sues/decisions to be made with respect to the particular facility, the data/documents relied
upon to make those decisions and why said decision is needed in the impact fee
calculation methodology. Separate Background Reports will be prepared for Road
Facilities, Park Facilities and Solid Waste Facilities.
Deliverables: Background Report on Road Facilities; Background Report on Park
Facilities; Background Report on Solid Waste Facilities.
Work Assianment Task 2B. 2. Technical ReDorts
For each of the public facilities to be considered in this phase, the LEGAL CONSULTANT
shall prepare a Technical Report which shall detail the calculation methodology, data
assumptions, level of service standard, facility cost information, per unit costs,
apportionment among land use by type, credit calculation (if necessary) and final impact
fee amou nts.
Deliverables: Technical Report on Roads; Technical Report on Park Facilities;
Technical Report on Solid Waste Facilities.
Work Assianment Task 2B.3. Draftina and AdoDtion
For each of the public facilities to be considered in this phase, the LEGAL CONSULTANT
shall draft an impact fee ordinance, review said ordinance with the COUNTY staff and
revise, as necessary, and finalize the ordinance for presentation to and adoption by the
Board of County Commissioners.
This task shall include preparation of notices for and attendance at two (2) public
hearings; revisions to the Impact Fee ordinances, as required; finalization of the
ordinances in appropriate COUNTY form; and any necessary follow-up.
Deliverables: Road Facilities Impact Fee Ordinance; Park Facilities Impact Fee
Ordinance; Solid Waste Facilities Impact Fee Ordinance.
#4748
6
Work Assianment Task 2.9. Administration. Monitorina and Enforcement
The LEGAL CONSULTANT shall prepare an administrative procedures manual, including
relevant forms and administrative flow charts detailing the roles and responsibilities of
applicants and COUNTY staff in impact fee procedures.
Deliverables: Administrative Procedures Manual.
Work Assianment Task 2.10. Continulna Support
The LEGAL CONSULTANT shall be available to the COUNTY on an "as needed" basis
following impact fee ordinance adoption to perform the following tasks:
. provide interpretations of ordinance provisions
. provide interpretation of ordinance applicability to developments, by type
. respond to questions posed by COUNTY staff and officials
. propose amendments, as needed
· assist in the annual review
· provide legal opinions regarding appeals
. provide general advice and consultation on any matters related to the scope
of services
Deliverables: Memoranda and Legal Opinions, as needed.
Work Assianment Task 2C.1 Backaround Report
The LEGAL CONSULTANT shall prepare a Background Report which shall address the
key substantive issues/decisions to be made with respect to school facilities, the
data/documents relied upon to make those decisions and why said decision is needed in
the impact fee calculation methodology.
Deliverables: Background Report on Schools.
Work Assianment 2C.2 Technical Report
The LEGAL CONSULTANT shall prepare a Technical Report which shall detail the
calculation methodology, data assumptions, level of service standard, facility cost
information, per unit costs, apportionment among land uses by type, credit calculation (if
necessary) and final impact fee amounts.
Deliverables: Technical Report on Schools.
#4748
7
Work Assianment Task 2C.3 Draftlna and Adoption
The LEGAL CONSULTANT shall draft a school impact fee ordinance and an intergovern-
mental agreement between the COUNTY and the School Board, review said ordinance
and intergovernmental agreement with School District and COUNTY staff, revise as
necessary, and finalize the ordinance and intergovernmental agreement for presentation
to and approval by the School Board and adoption by the Board of County Commission-
ers.
This task shall include preparation of notices for and attendance at two (2) School Board
meetings and two (2) Board of County Commissioner Public Hearings; revisions to the
impact fee ordinance and intergovernmental agreement, as required; finalization of the
ordinance and intergovernmental agreement in appropriate COUNTY form; and any
necessary follow-up.
Deliverables: School Impact Fee Ordinance and Intergovernmental Agreement.
#4748
8
EXHIBIT IC-2"
WORK ASSIGNMENT #2
PHASES 2, 2A and 2B; and OPTIONAL PHASE 2C. IMPACT FEES
Timetable
The LEGAL CONSULTANT services identified in Work Assignment Tasks 2.1 through 2.8
shall be provided within the first three (3) months following issuance by the COUNTY of
Notice to Proceed.
The LEGAL CONSULTANT services identified in Work Assignment Tasks 2A.1 through
2A.3 shall be provided within six (6) months following issuance by the COUNTY of Notice
to Proceed.
The LEGAL CONSULTANT services identified in Work Assignment Tasks 2B.1 through
28.3 shall be provided within nine (9) months following issuance by the COUNTY of
Notice to Proceed. The timetable for Phase 2.B is dependent upon the establishment of
level of service standards by the COUNTY in the comprehensive planning process. This
timetable assumes establishment of the applicable LOS standards not later than the fifth
month after issuance of Notice to Proceed to the planning consultant. For each month
of delay in the establishment of the LOS standards, there will be a corresponding delay
in the completion of Phase 2B.
The LEGAL CONSULTANT services identified in Work Assignment Task 2C.1 through
2C.3 shall be provided within twelve (12) months following issuance by the COUNTY of
Notice to Proceed.
Work Assiqnments/Deliverables Timetable
2.1
TASK
Initial Meetings and
Project Organiza-
tion
Document Review
DELIVERABLE
Outline; Listing; Memoran-
da
SCHEDULE1
Week #3
2.2
Document Summaries
Week #6
1 All references are to weeks/months following issuance by the COUNTY of Notice
to Proceed.
#4748
9
2.3 Data Review Data Summaries and Week #6
Memorandum
2.4 Legal Research Outline of Legal Issues Week #7
and Analysis
2.5 Issues Analysis Outline of Decision Points Week #8
2.6 Draft Procedural Ordinance Week #9
Ordinance
2.7 Final Procedural Ordinance and Commen- Weeks #10-11
Ordinance tary
2.8 Adoption of Proce- Public Hearings Weeks #11-13
dural Ordinance
2A.1 Backgrounds Re- Reports on Libraries, Fire Week #17
ports Facilities and Emergency
Medical Services and
Police Facilities
2A.2 Technical Reports Reports on Libraries, Fire Week #21
Facilities and Emergency
Medical Services and
Police Facilities
2A.3 Drafting and Adop- Impact Fee Ordinances Week #23
tion for Libraries, Fire Facilities
and Emergency Medical
Services and Police Facili-
ties; Public Hearings Weeks #24-26
28.1 8ackg round Re- Reports on Roads, Parks Week #30
ports and Solid Waste
28.2 Technical Reports Reports on Roads, Parks Week #34
and Solid Waste
28.3 Drafting and Adop- Impact Fee Ordinances Week #36
tion for Roads, Parks and
Solid Waste; Public Hear- Weeks #37-39
ings
2.9 Administration, Administrative Procedures Week #41
Monitoring and Manual
Enforcement
2.10 Continuing Support Interpretations, responses, Weeks #39-65
advice and consultation (6 months)
#4748 10
Optional Tasks
2C.1 Background Report
2C.2 Technical Report
2C.3 Drafting and Adop-
tion
#4748
Report on Schools
Report on Schools
Impact Fee Ordinance for
Schools;
Intergovernmental Agree-
ment between County and
School District;
School District Approval;
Public Hearings
11
Week #43
Week #45
Week #46
Week #46
Weeks #48-49
Weeks #50-52
BUDGET
The Phase 2, 2A and 2B Cost Limit as identified in Section 5 of the Agreement for
Professional Services is $150,000.00. The Phase 2C Cost Limit, if the County elects to
proceed with this Task, is $30,000.
Budaet AssumDtions
The budget is based upon the following assumptions:
#4748
.
utilizing the Procedural Ordinance approach
.
Fee and expenses for four (4) trips to Monroe County associated with Work
Assignment Tasks 2.1 - 2.8 (i.e., one (1) trip for Task 2.1; one (1) trip for
task 2.5 and two (2) trips for Task 2.8).
.
Fee and expenses for three (3) trips to Monroe County associated with
Work Assignment Tasks 2A.1 through 2A.3 (Le., one (1) trip for Tasks 2A.1
and 2A.2; two (2) trips for Task 2A.3).
.
Fee and expenses for three (3) trips to Monroe County associated with
Work Assignment Tasks 2B.1 through 2B.3 (Le., one (1) trip for Tasks 2B.1
and 2B.2; two (2) trips for Task 2B.3).
.
the Board of County Commissioners will hold the two (2) required public
hearings on the Library, Fire Facilities and Police Facilities Impact Fee
Ordinances collectively on the same date.
.
the Board of County Commissioners will hold the two (2) required public
hearings on the Road, Solid Waste and Park Facilities Impact Fee
Ordinances collectively on the same date.
.
If additional attendance at public hearings beyond those specifically
identified herein is required, the fee and expenses associated therewith
shall be considered "additional services" and compensation therefore, at the
LEGAL CONSULTANT's hourly billing rates as set forth in Exhibit "B," shall
be provided in addition to the Phase 2, 2A, 2B and 2C (optional) Cost Limit
as identified in Section 5 of the Agreement for Professional Services.
.
no Advisory Committee; all work to be reviewed with COUNTY staff
.
if additional data or studies are needed, they will be separately funded
either through the LEGAL CONSULTANT or directly by the COUNTY.
12
. the Phase 2 Cost Limit includes Work Assignment Task 2.10, which shall
be provided over a period not to exceed six (6) months nor to exceed a
total of twenty-four (24) hours of LEGAL CONSULTANT time following
impact fee ordinance adoption; provided, however, that following the six (6)
month period or the provision of 24 hours of LEGAL CONSULTANT time,
whichever occurs first, the LEGAL CONSULTANT shall be compensated for
such services at the low end of the hourly billing rates as set forth in Exhibit
"B."
. the LEGAL CONSULTANT will present periodic reports on impact fees to
the Monroe County Planning Commission provided that such presentations
are coordinated with trips to Monroe County as set forth herein and do not
require the LEGAL CONSULTANT to make additional trips beyond those
specified herein.
Optional Tasks
. Fee and expenses for five (5) trips to Monroe County associated with Work
Assignment Task 2C.1 through 2C.3 (i.e., one (1) trip for Tasks 2C.1 and
2C.2; four (4) trips for Task 2C.3 [2 trips for presentation to the School
Board; 2 trips for Board of County Commissioner Public Hearings]).
Proaress Payments
The COUNTY shall make progress payments to the LEGAL CONSULTANT to cover fees
and direct expenses, in accordance with Section 5 of the AGREEMENT FOR
PROFESSIONAL SERVICES, pursuant to the following schedule which ties such
payments to the completion of and delivery of work products by the LEGAL CONSUL-
TANT and to review of such work products by the COUNTY.
TASK DELIVERABLE PROGRESS PAYMENTS
2.1 Initial Meetings and Outline; Listing; Memoran- $ 5,000
Project Organiza- da
tion
2.2 Document Review Document Summaries $ 5,000
2.3 Data Review Data Summaries and $10,000
Memorandum
2.4 Legal Research Outline of Legal Issues $ 3,000
and Analysis
2.5 Issues Analysis Outline of Decision Points $ 7,000
#4748
13
2.6 Draft Procedural Ordinance $ 2,500
Ordinance
2.7 Final Procedural Ordinance and Commen- $ 1 ,500
Ordinance tary
2.8 Adoption of Proce- Public Hearings $ 8,000
dural Ordinance
2A.1 Backgrounds Re- Reports on Libraries, Fire $21,000
ports Facilities and Emergency
Medical Services and
Police Facilities
2A.2 Technical Reports Reports on Libraries, Fire $15,000
Facilities and Emergency
Medical Services and
Police Facilities
2A.3 Drafting and Adop- Impact Fee Ordinances $13,500
tion for Libraries, Fire Facilities
and Emergency Medical
Services and Police Facili-
ties; Public Hearings
2B.1 Background Re- Reports on Roads, Parks $21,000
po rts and Solid Waste
2B.2 Technical Reports Reports on Roads, Parks $15,000
and Solid Waste
2B.3 Drafting and Adop- Impact Fee Ordinances $13,500
tion for Roads, Parks and
Solid Waste; Public Hear-
ings
2.9 Administration, Administrative Procedures $ 4,400
Monitoring and Manual
Enforcement
2.10 Continuing Support I nterpretations, responses, $ 4,200
advice and consultation (payable monthly based
on actual fees and ex-
penses)
(6 months)
Optional Tasks
2C.1 Background Report Report on Schools $ 7,000
#4748 14
2C.2 Technical Report
2C.3 Drafting and Adop-
tion
#4748
Report on Schools
Impact Fee Ordinance for
Schools;
Intergovernmental Agree-
ment between County and
School District;
School District Approval;
Public Hearings
15
$ 5,000
$18,000
(payable in four (4) equal
increments of $4,500
each, after LEGAL CON-
SUL T ANT attendance at
each School Board or
Board of County Commis-
sioner public hearings)
EXHIBIT "0-1"
WORK ASSIGNMENT #3
PHASES 3 AND 3A. CONCURRENCY MANAGEMENT
Backaround
This Scope of Services has been prepared to assist Monroe County in developing an
integrated Development Review and Concurrency Management System (DRCMS) in
response to the mandate of the Florida Growth Management Act (Chapter 163, Florida
Statutes). The DRCMS will be based upon a review of regulations, administrative
policies, information databases, and a definition of tasks that must be undertaken by
COUNTY staff to manage the development review process and to establish a concurrency
management system in accordance with the provisions of the adopted Comprehensive
Plan. The status of vested developments will be addressed, and an adequate public
facilities ordinance will be prepared. Recommendations for adjustments to the
Comprehensive Plan will be made at appropriate times by the LEGAL CONSULTANT for
COUNTY consideration to assist in the implementation of the DRCMS. The DRCMS will
address roads, water, sewer, solid waste, drainage, and recreation. To the extent
possible, the DRCMS will incorporate or be coordinated with existing COUNTY
procedures, will take into consideration current staffing levels and will take into
consideration current and proposed COUNTY data processing capabilities.
Scope of Services
Work Assianment Task 3.1. Review of Current Standards. Policies. and Procedures
The LEGAL CONSULTANT shall review published reports, documents, data and
information relative to the COUNTY's current and projected public facilities inventory and
conditions; COUNTY procedures, schedules and forms used in the development review,
approval and construction permitting process; and adopted COUNTY regulations,
standards, and policies related to managing land development. This review will help to
form the foundation for the DRCMS to be developed for the COUNTY. During this
review, the LEGAL CONSULTANT shall analyze and evaluate the current procedures and
desired objectives of the COUNTY and identify areas in which inconsistencies, potential
conflicts, or inadequate information exists.
The COUNTY shall identify and provide relevant documents to the LEGAL CONSULTANT
including the following:
#4748
1
. organization chart, Countywide and department divisions responsible for
development review, permit tracking, and concurrency management
processes
. narrative description of each applicable COUNTY department and division
. copies of flow charts, applications, forms and form letters and procedures
relating to the development review and permitting processes
· copies of all development codes/ordinances
. inventory of DRl's, PUD's including Development Orders and Agreements
(showing phasing, square footage/dwelling unit, sunset date, development
conditions, and type of annual reviews)
Deliverables:
preparation of an inventory of the applications, forms, form
letters and procedures currently used by the COUNTY in the
development review process; initial delineation of new
applications, forms and form letters for the concurrency
determination process.
Work Asslanment Task 3.2. Needs Assessment
The LEGAL CONSULTANT shall document the County's goals, objectives and needs with
respect to vested rights and their implications for Comprehensive Plan compliance and
implementation. The LEGAL CONSULTANT shall review existing COUNTY documents,
plans and procedures including, but not limited to, the proposed Monroe County
Comprehensive Plan Land Use and Adoption Elements. As a part of this task, the
COUNTY shall be responsible for identifying "potentially" vested developments and for
specifying the grounds for claiming that such developments are vested.
The LEGAL CONSULTANT shall undertake necessary legal research to identify the
extent to which vested rights must be protected and, correspondingly, the extent to which
vested rights may be subject to divestment.
The LEGAL CONSULTANT shall develop a listing of criteria to be considered in the
development of Adequate Public Facilities Ordinance, Vested Rights Ordinance, and
Concurrency Procedures Manual. The criteria to be evaluated include the following:
.
facility types covered by Adequate Public Facilities Ordinance
stage in development approval process when adequacy is determined
projects to which Adequate Public Facilities Ordinance is applicable
projects which are exempt from Adequate Public Facilities Ordinance
Adequate Public Facilities level of service standards, by facility
.
.
.
.
#4748
2
. inclusion of State/federal facilities and jurisdictional agreements
. delineation of impact area for adequate public facilities measurement
. flexibility of impact area delineation
. waivers, via administrative process
. reservations of capacity and time period
· handling of vesting queue
· points system (if required)
. who conducts adequate public facilities review
· appeal process (to which body?)
. possibilities of mitigation/abatementlbacklogged facilities
. differential Adequate Public Facilities standards based on location, position
in the development approval process, size of developments, etc.
. developer reimbursement mechanism
. relationship of Adequate Public Facilities Ordinance to impact fees (linkage,
equal mitigation)
. extent to which "planned" improvements are included in Adequate Public
Facilities testing
· effect of failing the Adequate Public Facilities test
. relation of Adequate Public Facilities testing to overall development
monitoring and review process
. handling of antiquated development agreements (subdivisions)
. determination of sufficiency review to accept applications
. partial project vesting and "bumping"
. payment of review, impact and/or connection fees for reserved capacity
· interdepartmental coordination
. jurisdictional coordination of land use amendments, rezonings, and approval
projects
. control and monitoring of franchised utility capacity
· audit trail and legal defensibility
. organization relationship between development review, concurrency
determination and building permitting
· capital improvement programming
. development of conditions for approval rather than clear denial of use
The LEGAL CONSULTANT shall list the criteria upon which the Adequate Public Facilities
Ordinance (APFO) and Vested Rights Ordinance (VRO) for the COUNTY is to be based.
Deliverables:
technical/legal memorandum identifying the criteria to be
included in the APFO and VRO, to be presented in the
following format:
Alternatives
Preferred Resolution"
"Criteria
#4748
3
Work Asslanment Task 3.3. PreDSratlon of Concurrency Manaaement System
Documents
The LEGAL CONSULTANT shall review all relevant legal and policy issues necessary for
the drafting of the Adequate Public Facilities and Vested Rights Ordinances and for the
production of the Concurrency Regulations and Procedures Manual. The LEGAL
CONSULTANT shall specifically address legal issues surrounding previously approved
developments (e.g., "antiquated" subdivisions, inactive developments, conditionally
approved developments, etc.); necessary adjustments to standards and policies proposed
in the Comprehensive Plan; the development of new regulations including an Adequate
Public Facilities Ordinance (APFO) and a Vested Rights Ordinance (VRO); the
development of a Concurrency Regulations and Procedures Manual providing instructions
for information to be submitted with land development applications requiring a concur-
rency determination; and, the development of criteria by which a finding of concurrency
will be made for each relevant public facility.
The LEGAL CONSULTANT shall prepare an information brochure to outline and define
the new process for the general public; to identify the background and reasons for
adopting the new regulations and procedures; to define key terms; and to include
questions and answers relating to concurrency management.
The LEGAL CONSULTANT shall identify the tasks and activities which must be
undertaken by COUNTY staff on a routine basis (e.g., annually, semi-annually) to
maintain the DRCMS.
Deliverables:
Concurrency Regulations and Procedures Manual; Draft
Adequate Public Facilities Ordinance; Draft Vested Rights
Ordinance; Draft Information Brochure; and proposed sched-
ule for reviewing and updating the Concurrency Management
System.
Work Assianment Task 3.4. Final Ordinances and Adoption Process
Following COUNTY staff review of the draft Ordinances, the LEGAL CONSULTANT shall
prepare final drafts of the Adequate Public Facilities and Vested Rights Ordinances, with
a Commentary explaining the approach selected in individual sections of the Ordinances.
The LEGAL CONSULTANT shall present the Final Draft Ordinances and Commentary to
the Board of County Commissioners at two (2) public hearings. This task shall include
preparation of notices for the public hearings; revisions to the Ordinances between public
hearings, as may be necessary; finalization of the Ordinances; and any necessary
followup.
#4748
4
Deliverables:
Final Draft Ordinances and Commentary; outline and/or
graphics for presentation to the Board of County Commission-
ers.
Work Asslanment Task 3.5. Contlnulna Supoort
The LEGAL CONSULTANT shall be available to the COUNTY on an "as needed" basis
following Concurrency Management System adoption to provide continuing support. The
continuing support will provide for interpretations, responses to questions and problems,
legal opinions and general advice and consultation during the first six (6) months of
system operation. Additional support after the initial six (6) months will be available to
the COUNTY upon request.
Deliverables:
Written or oral responses, as appropriate, to questions posed
by COUNTY staff related to any and all aspects of system
operation.
PHASE 3A. COMPUTERIZED CMS DATA BASE. HARDWARE AND SOFTWARE
Work Assianment Task 3A.1. Definition of System Database and Hardware
Reauirements
The functional requirements for the Development Review and Concurrency Management
System will be based upon the review of current standards, policies and procedures and
the needs assessment for the Adequate Public Facilities and Vested Rights Ordinances.
The automated database will be capable of tracking the impacts of each project for each
public facility. The database will be linked to a parcel number. Additionally, such features
as the automated production of checklists, agenda schedules, applicant letters and
development approval conditions will be considered in the functional requirements of the
System.
The Subconsultant shall undertake a review of existing computer equipment in the
COUNTY and the ability of that equipment to support the proposed system software. The
Subconsultant will provide recommendations as to any hardware needed to support the
proposed software, including the estimated costs of required hardware. It will be the
separate and independent responsibility of the COUNTY to acquire the necessary
hardware based on recommendations of the LEGAL CONSULTANT or, to forego the
automated database and monitoring system in favor of a manual system.
Deliverables:
technical memorandum containing functional and hardware
requirements.
#4748
5
Work Asslanrnent Task 3A.2. Svstem Development
Based on the Definition of the System Database and Hardware Requirements (Work
Assignment Task 3A.1) the Subconsultant shall develop a set of computer programs,
written in a fourth generation relational database, to accomplish the development review
and concurrency management functions. The programs will be user friendly, menu-driven
and have on-line help functions. The Subconsultant's existing development review and
concurrency management system will form the basis for the proposed COUNTY system,
but will be modified, as necessary, to meet the COUNTY's functional needs. If new
system screens and/or revisions to major functions are necessary, the Subconsultant shall
identify the revisions, propose the additional work tasks needed, and specify a budget and
timetable for accomplishing the tasks.
Deliverables:
Design and programming of the Development Review and
Concurrency Management System.
Work Asslanment Task 3A.3. Preparation of Written Documentation
The Subconsultant shall prepare written documentation for the Development Review and
Concurrency Management System, including a description of all data files and program
files; specific operating instructions forthe program; a system reference manual including
detailed information about each screen, the information on each field contained in each
screen, and required or optional fields with edit criteria for each field; and, a User's Guide
documenting the necessary procedures that must be followed to perform the system
functions.
Deliverables:
System Reference Manual and User Guide
Work Assianment Task 3A.4. Svstem Test and Acceptance
The Subconsultant shall conduct a demonstration of the programs for COUNTY staff,
including hypothetical applications, the various processes and program functions. The
demonstration, utilizing COUNTY sample data inputs and/or current projects, shall be
conducted at Subconsultant Tindale-Oliver & Associates, Inc. office in Tampa, Florida.
Deliverables:
Program demonstration for COUNTY staff and officials.
Work Assianment Task 3A.5. Staff Tralnina
Critical to the successful implementation of the proposed system is the provision of
adequate training to enable the user to become familiar with the operational requirements
of the system. Therefore, the training approach taken by the Subconsultant will be one
of training key COUNTY staff who will then, under the supervision of the Subconsultant,
provide training to other system users as may be necessary. The total amount of training
#4748
6
and training supervision of COUNTY staff is estimated to be five (5) days. This training
will be conducted at the Subconsultant's office in Tampa, Florida in accordance with the
following general breakdown:
Organization Area
Consultant Training
System Tables
Development Review
Concurrency Determination
Total Training Hours:
8 hours
16 hours
16 hours
40 hours
The system training will focus on: explaining the process to create and input the
information required to build the necessary system tables; the development application
request process (zoning, site plan review, preliminary plat, and final plat, etc.); the project
initiation process; and parcel management. The concurrency determination training will
focus on the process required to determine the availability of adequate public facilities.
This training will include a review of the concurrency determination process and its
interface with the development review processes.
The Subconsultant will provide additional training on an "as requested basis" at hourly
billing rates plus reimbursable expenses.
Deliverables:
Five (5) days of training; phone support as needed during the
first two weeks of system implementation; provision of
appropriate training materials; and additional training on an
"as requested" basis.
Work Asslanment Task 3A.6. Data Table and Svstem Installation
The Subconsultant shall assist and supervise COUNTY staff in the creation of data tables
for the development review and concurrency determination processes and for the actual
installation of the new system. System installation will be accomplished on COUNTY
hardware meeting the requirements specified as a result of Work Assignment Task 3A.1.
Definition of System Database and Hardware Requirements.
Deliverables:
Installation of system on COUNTY hardware; provision of one
set of system program discs; and availability of Subconsultant
for questions from COUNTY staff regarding the creation and
input of data tables.
#4748
7
EXHIBIT "D-2"
WORK ASSIGNMENT #3
PHASES 3 AND 3A. CONCURRENCY MANAGEMENT
Timetable
The LEGAL CONSULTANT services identified in Work Assignment Tasks 3.1 through 3.5
shall be provided within seven (7) months following issuance by the COUNTY of Notice
to Proceed. This timetable is, however, dependent upon the establishment of level of
service standards by the COUNTY in the comprehensive planning process. This
timetable assumes establishment of the applicable LOS standards not later than the fifth
month after issuance of Notice to Proceed to the planning consultant. For each month
of delay in the establishment of the LOS standards, there will be a corresponding delay
in the completion of this Phase of work.
The LEGAL CONSULTANT services identified in Work Assignment Task 3.5 shall be
provided for a six (6) month period following system adoption.
The LEGAL CONSULTANT services identified in Work Assignments Tasks 3A.1 - 3A.6
shall be provided within nine (9) months following issuance by the COUNTY of Notice to
Proceed.
Work Assianments/Deliverables Timetable
TASK DELIVERABLE
3.1 Review of Current Inventory and Delineation
Standards, Policies of New Forms
and Procedures
3.2 Needs Assessment Technical/Legal Memoran-
dum
3.3 Concurrency Man- CMS Regulations and
agement System Procedures Manual; Draft
Docu ments APFO; Draft VRO; Draft
Information Brochure
SCHEDULE2
Week #4
Week #12
Week #16
Week #24
2 All references are to weeks/months following issuance by the COUNTY of Notice
to Proceed.
#4748
8
3.4 Final Ordinance Final APFO and VRO Weeks #25-30
and Adoption Pro- Ordinances and Commen-
cess tary
3.5 Continuing Support Interpretations, responses, Weeks #31-57
advice and consultation (6 months)
Optional Tasks
3A.1 Definition of System Technical Memorandum To Be Determined
Database and
Hardware Require-
ments
3A.2 Systems Develop- Design and Programming To Be Determined
ment
3A.3 Preparation of Writ- System Reference Manual To Be Determined
ten Documentation and User Guide
3A.4 System Test and Program Demonstration To Be Determined
Acceptance
3A.5 Staff Training 40 hours of training To Be Determined
3A.6 Data Table & Sys- Installation To Be Determined
tem Installation
#4748
9
BUDGET
The Phase 3 Cost Limit as identified in Section 5 of the Agreement for Professional
services is $114,500.00. The Phase 3A Cost Limit, if the COUNTY elects to proceed with
this Task, shall be negotiated.
Budoet Assumotions
The budget is based upon the following assumptions:
#4748
.
fee and expenses for six (6) trips to Monroe County associated with Work
Assignment Tasks 3.1 - 3.5(i.e., one (1) trip for Task 3.1; two (2) trips for
Task 3.2; one (1) trip for Task 3.3; and two (2) trips for Task 3.4 .
.
the Board of County Commissioners will hold the two (2) required public
hearings for adoption of the Adequate Public Facilities and Vested Rights
Ordinances collectively on the same date.
.
if additional attendance at public hearings beyond those specifically
identified herein is required, the fee and expenses associated therewith
shall be considered "additional services" and compensation therefor, at the
LEGAL CONSULTANT's hourly billing rates as set forth in Exhibit "B," shall
be provided in addition to the Phase 3 Cost Limit as identified in Section 5
of the Agreement for Professional Services.
.
if additional data or studies are needed beyond those specified herein, they
will be separately funded either through the LEGAL CONSULTANT or
directly by the COUNTY.
.
the Phase 3 Cost Limit includes Work Assignment Task 3.5, which shall be
provided over a period not to exceed six (6) months nor to exceed a total
of twenty-four (24) hours of LEGAL CONSULTANT time following Concur-
rency Management System adoption; provided, however, that following the
six (6) month period or the provision of 24 hours of LEGAL CONSULTANT
time, whichever occurs first, the LEGAL CONSULTANT shall be compensat-
ed for such services at the low end of the hourly billing rates as set forth in
Exhibit "B."
.
the LEGAL CONSULTANT will present periodic reports on the Concurrency
Management System to the Monroe County Planning Commission provided
that such presentations are coordinated with trips to Monroe County as set
forth herein and do not require the LEGAL CONSULTANT to make
additional trips beyond those specified herein.
10
Optional Tasks
. Fee and expenses for three (3) trips to Monroe County associated with
Work Assignment Task 3A.1 - 3A.6.
Prooress Payments
The COUNTY shall make progress payments to the LEGAL CONSULTANT to cover fees
and direct expenses, in accordance with Section 5 of the AGREEMENT FOR PROFES-
SIONAL SERVICES, pursuant to the following schedule which ties such payments to the
completion of, and delivery of work products by, the LEGAL CONSULTANT and to review
of such work products by the COUNTY.
3.1
TASK
Review of Current
Standards, Policies
and Procedures
Needs Assessment
3.2
#4748
DELIVERABLE PROGRESS PAYMENTS
Inventory and Delineation $20,000
of New Forms
Technical/Legal Memoran- $30,000
dum (payable in two (2) equal
increments of $15,000
each, the first increment
to be paid after LEGAL
CONSULTANT submis-
sion of the draft "Needs
Assessment" techni-
cal/legal memorandum
and the second increment
to be paid after LEGAL
CONSULTANT submis-
sion of the final "Needs
Assessment" techni-
cal/legal memorandum)
11
3.3
#4748
Concurrency Man-
agement System
Documents
CMS Regulations and
Procedures Manual; Draft
APFO; Draft VRO; Draft
Information Brochure
12
$35,000
(payable in four (4) incre-
ments as follows: the first
increment of $15,000 to
be paid after LEGAL
CONSULTANT submis-
sion of the draft APFO;
the second increment of
$10,000 to be paid after
LEGAL CONSULTANT
submission of the draft
VRO; the third increment
of $7,000 to be paid after
LEGAL CONSULTANT
submission of the draft
CMS Regulations and
Procedures Manual; and
the fourth increment of
$3,000 to be paid after
LEGAL CONSULTANT
submission of the draft
Information Brochure
. "
3.4
#4748
Final Ordinance
and Adoption Pro-
cess
3.5
Continuing Support
Final APFO and VRO
Ordinances and Commen-
tary
I nterpretations, responses,
advice and consultation
13
$25,000
(payable in increments as
follows: the first increment
of $7,000 to be paid after
LEGAL CONSULTANT
submission of final APFO;
the second increment of
$4,000 to be paid after
LEGAL CONSULTANT
submission of final VRO;
the third increment of
$3,000 to be paid after
LEGAL CONSULTANT
submission of the final
CMS Regulations and
Procedures Manual; the
fourth increment of $2,000
to be paid after LEGAL
CONSULTANT submis-
sion of the final Informa-
tion Brochure; the fifth
increment of $4,500 to be
paid after LEGAL CON-
SUL T ANT attendance at
the first Board of County
Commissioner public hear-
ing; and the sixth incre-
ment of $4,500 to be paid
after LEGAL CONSUL-
TANT attendance at the
second and final Board of
County Commissioner
public hearing)
$ 4,500
(payable monthly based
on actual fees and ex-
penses)
(6 months)
Optional Tasks
3A.1 Definition of System Technical Memorandum To Be Negotiated
Database and
Hardware Require-
ments
3A.2 Systems Develop- Design and Programming To Be Negotiated
ment
3A.3 Preparation of Writ- System Reference Manual To Be Negotiated
ten Documentation and User Guide
3A.4 System Test and Program Demonstration To Be Negotiated
Acceptance
3A.5 Staff Training 40 hours of training To Be Negotiated
3A.6 Data Table & Sys- Installation To Be Negotiated
tem Installation
#4748
14