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Item Q08 Qg BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting November 8, 2023 Agenda Item Number: Q8 2023-1729 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag N/A AGENDA ITEM WORDING: SUSTAINABILITY: Approval to enter into Task Order#3 for $12,500 to develop an assessment for the Countys special assessment program to fund the operations and maintenance costs of the Twin Lakes road adaptation project, under the on-call contract with Anser Advisory for professional consulting services to develop non-ad valorem special assessments; retroactive to October 1, 2023. ITEM BACKGROUND: This item approves entering into Task Order#3 for the development of a Municipal Services Benefit Unit "MSBU" assessment to fund the operation and maintenance of the Twin Lakes road adaptation project. The Task Order covers work from 10/1/2023 to 9/30/2024. The MSBU is anticipated to become effective in November 2024. Anser Advisory was selected as the vendor for an on-call contract for professional services to develop special assessments for the County's various programs. PREVIOUS RELEVANT BOCC ACTION: December 7, 2022: Approval to solicit for professional consulting services to develop non-ad valorem special assessment programs as needed for County projects and programs including but not limited to canals, roads, storm water and other existing or new programs. May 17, 2023: Approval to enter into a $0 on-call contract with Anser Advisory for professional consulting services to develop non-ad valorem special assessments for County projects including canals, road adaptation, stormwater, flood mitigation, wastewater and other existing or new programs and services. [SUBMITTED] November 8, 2023: Approval to enter into Task Order#2 for $6500/year($26,000 through the year 2028) to provide maintenance services for the County's special assessment program for Canals 266, 105, and 82-83-84, under the on-call contract with Anser Advisory for professional consulting services to develop non-ad valorem special assessments; retroactive to October 1, 2023. CONTRACT/AGREEMENT CHANGES: 1847 N/A - Task Order STAFF RECOMMENDATION: Approval. DOCUMENTATION: Anser Advisory Task Order# 3 sea level rise Twin Lakes - signed by vendor.pdf FINANCIAL IMPACT: Effective Date: October 1, 2023 Expiration Date: September 30, 2024 Dollar Value of Task Order#3: $12,500 Total Cost to County: $12,500. Current Year Portion: $0 Budgeted: Yes Source of Funds: 102-2500-SC00038 CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: N/A Grant: No County Match: Insurance Required: Yes Additional Details: 1848 TASK ORDER# 3 By and between ANSER ADVISORY CONSULTING, LLC D/B/A ANSER ADVISORY and MONROE COUNTY, FLORIDA FOR PROFESSIONAL CONSULTING SERVICES FOR THE ANNUAL MAINTENANCE AND CERTIFICATION OF NON-AD VALOREM SPECIAL ASSESSMENT ROLLS FOR MONROE COUNTY (SEA LEVEL RISE / ROAD ADAPTATION PROJECTS, TWIN LAKES) This Task Order No 3 is entered into on November 8, 2023, by and between Monroe County, hereinafter referred to as the "County" and Anser Advisory Consulting, LLC d/b/a Anser Advisory hereinafter referred to as "Consultant," for professional consulting services for a sea level rise/road mitigation special assessment program for the Twin Lakes subdivision. WHEREAS, in January 2023, Monroe County issued a Request for Proposals ("RFP") for Professional Services for Special Assessments, seeking vendors capable of providing professional services for collection of non-ad valorem special assessment programs for canals, sea level rise/road adaptation, wastewater programs, and solid waste; and WHEREAS, Consultant submitted a proposal in response to the RFP; and WHEREAS, Consultant was selected as a vendor pursuant to the RFP, and on May 277 2023, the County entered into an Agreement for Professional Services for Special Assessments ("Agreement") with Consultant to provide professional consulting services for the County's special assessment programs; and WHEREAS, paragraph 2.1 of the Agreement states that when Consultant's services are required, the County shall issue a Task Order for the required services in accordance with the terms and conditions outlined in this Agreement and the specific Task Order; WHEREAS, the County now desires to engage the services of Anser Advisory to provide professional consulting services for a sea level rise/road adaptation special assessment project for the Twin Lakes subdivision area. Page 1 of 3 1849 NOW, THEREFORE, in consideration of the mutual promises, covenants, and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, County and Consultant agree to the following task: 1. Scope of Services. The scope of services for this Task Order shall consist of the services described in Appendix A to this Task Order, attached hereto and incorporated by reference. 2. Compensation Monroe County agrees to pay a lump sum fee of twelve thousand five hundred dollars ($12,500.00) for the services as described in Appendix A. The fee is payable on the schedule as set forth in Appendix A. The fee for professional services does not include any on-site visits by Consultant. Any requested on-site meetings by Anser staff may be arranged at our standard hourly rates provided below. All expenses related to these requested meetings will be billed in accordance with Section 112.061, Florida Statutes. If necessary, in lieu of on-site visits, periodic telephone conference calls may be scheduled to discuss project status. The standard hourly rates for Anser are as follows: Anser Advisory Senior Advisor $285 Vice President/Managing Director $285 Assistant Director/Senior Project Manager $235 Project Manager/Project Coordinator $185 Database Analyst/Technical Services $150 Project Analyst $ 90 Program and Administrative Support $ 75 The lump sum fee does not include the cost of producing and mailing first class notices, if required. Mailing and production costs depend on the number of assessable parcels of property within the assessment program area, but average approximately $1.53 per parcel. Payment of mailing and production costs is due at the time of adoption of the initial assessment resolution or like document. For non-domestic notices, mailing charges will include the actual amount of postage beyond the domestic rates. Should U.S. postage rates increase prior to mailing, Page 2 of 3 1850 the additional postage per notice will be charged. All other terms including the Payment Schedule are as set forth in Appendix A. 3. Term of Task Order This Task Order shall be effective as of October 1, 2023 and shall expire on September 30, 2024. In all other respects, the terms and conditions of the Agreement remain unchanged and shall apply. IN WITNESS WHEREOF, each party has caused Task Order #3 to be executed by its duly authorized representative as set forth below. MONROE COUNTY, FLORIDA ANSER ADVISORY By: By: Craig Cates, Mayor Ian Alderson, Senior Vice President Date: Date: 10/20/23 Approved as to form and legal sufficiency: Monroe County Attorney's Office 10-19-2023 Page 3 of 3 1851 Appendix A TWIN LAKES NEIGHBORHOOD SEA LEVEL RISE ROADWAY MITIGATION MAINTENANCE SERVICES WORK TO BE CONDUCTED DURING FISCAL YEAR 2023-24 ANSER ADVISORY CONSULTING, LLC (ANSER) SCOPE OF SERVICES Task 1: Evaluate Sea Level Rise Roadway Maintenance Project Determine and obtain the necessary data to develop apportionment methodology. Locate the proposed maintenance services and determine the benefited properties. Evaluate the proposed project to determine and obtain the data and information necessary to develop an assessment methodology approach. Such data may include the GIS database, tax roll information and existing and future land-use data. Usingthe data, determine the preliminary location of the proposed services to serve as a basis for identifying geographic areas benefited by the improvements. Task 2: Develop a Preliminary Apportionment Methodology Using the data and criteria established by County staff and officials, Anser will develop a preliminary apportionment methodology based on the proposed services, their location and properties benefited. Task 3: Create a Preliminary Database Using the most current ad valorem tax roll, create a preliminary database.Augment the database with other pertinent data determined to support the apportionment methodology. Task 4: Determine the Assessment Revenue Requirements Review the funding requirements of the proposed services. Advise the County in determining the total sea level rise roadway maintenance services revenue requirements to ensure the County recovers the costs of: (a) net revenue requirements, (b) implementing the program, and (c) collecting the assessments. Task 5: Apply Apportionment Methodology to Preliminary Database Apply the preliminary apportionment methodology to the preliminary database to test the data validity and sufficiency. Modify the database and/or revise the apportionment methodology as necessary. Task 6: Calculate a Proforma Schedule of Rates Calculate a proforma schedule of rates based on the apportionment methodology and revenue requirements for the assessment program. Provide alternative revenue scenarios, if required. Task 7: Prepare Assessment Memorandum Prepare an Assessment Memorandum which documents proposed apportionment methodology and proforma assessment rates. Task 8: Assist with Legal Documents Advise and assist the County's legal counsel in drafting of the implementing legal documents. Task 9: Advise and Assist with Implementation Requirements Advise and assist with the legal requirements for adoption of the maximum annual rates and certification of the assessment roll in accordance with the Uniform Method including: (a) the development of the first-class Anser Advisory Consulting,LLC I A-1 1852 notice and its distribution, (b) publication of the public hearing, (c) attendance via Zoom at the public hearing and (d) certification of the assessment roll to the Monroe County Tax Collector. Task 10: Delivery of the Assessment Roll to the Tax Collector Assist the County with the delivery of the assessment roll to the Monroe County Tax Collector for collection using the uniform method. FEES AND COSTS For the professional services and specialized assistance described in the provided and proposed Scope of Services,Anser will work under a "lump sum"fee arrangement of$12,500. The lump sum fee for professional services does not include any on-site visits to the County by Anser staff. Any on-site meeting can be arranged at our standard hourly rates. Expenses related to any meetings will be billed in accordance with section 112.061, Florida Statutes. If necessary, in lieu of on-site visits, periodic telephone conference calls or Zoom meetings may be scheduled to discuss project status. The standard hourly rates for Anser are as follows: ANSER ADVISORY CONSULTING, LLC SeniorAdvisor............................................................................................ $285 Vice President/Managing Director........................................................... $285 Assistant Director ..................................................................................... $235 Project Manager/Project Coordinator...................................................... $185 Database Analyst/Technical Services...................................................... $150 Lead Project Analyst.................................................................................. $100 ProjectAnalyst........................................................................................... $ 90 Administrative Support.............................................................................. $ 75 The lump sum fee does not include the costs of producing and mailing first class notices, if required. Mailing and production costs depend on the number of assessable parcels of property within the assessment program area, but average approximately $1.53 per parcel. Payment of mailing and production costs is due at the time of adoption of the initial assessment resolution or like document. For non-domestic notices, mailing charges will include the actual amount of postage beyond the domestic rate. Should U.S. postage rates increase prior to mailing, the additional postage per notice will be charged. The County is responsible for any costs incurred to obtain information from the property appraiser or other public officials that is necessary for the assessment program. The County is responsible for working with the Property Appraiser to obtain the necessary information for properties with exempt "home addresses" pursuant to Section 119.071, Florida Statutes. The County is responsible for any and all newspaper publications, including, but not limited to, making arrangements for publications and any costs associated therewith. Please note that Anser works with the premise of developing and implementing assessment programs with an eye on potential legal challenges in an attempt to maximize both the efficiency and the effectiveness of any defense. Nonetheless, the fees outlined above for professional services do not include any provision for litigation defense. Accordingly, in the event there is a legal challenge, Anser would be available, on an hourly basis, to assist the County in its defense. Anser Advisory Consulting,LLC I A-2 1853 DELIVERABLES SCHEDULE Deliverable Schedule Notice to Proceed October- November 2023 Develop Assessment Methodology October - December 2023 Proforma Assessment Rates December 2023 - March 2024 Assessment Memorandum March - May 2024 Implementation April - September 2024 PAYMENT SCHEDULE The lump sum fee for professional services and specialized assistance will be due and payable on the following basis. Payment will be based on the following schedule, assuming that notice to proceed is received in November 2023. If notice to proceed occurs after this date, payment will be adjusted on the basis of a condensing of the anticipated number of months remaining to complete the project. Schedule Payment Amount December 2023 25% of lump sum fee $3,125.00 January 2024 25% of lump sum fee $3,125.00 April 2024 25% of lump sum fee $3,125.00 August 2024 25% of lump sum fee $3,125.00 Total $12,500.00 Anser Advisory Consulting,LLC I A-3 1854