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Item Q3 Q3 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting November 19, 2024 Agenda Item Number: Q3 2023-3221 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag N/A AGENDA ITEM WORDING: Approval to enter into Task Order#5 for $12,500 to develop an assessment for the County's 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. ITEM BACKGROUND: This item is 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 MSBU is anticipated to become effective in November 2025. 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. 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. November 8, 2023: Approval to enter into Task Order#3 for $12,500 to develop an assessment for the County's 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 4238 INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: N/A - Task Order STAFF RECOMMENDATION: Approval. DOCUMENTATION: Anser- Twin Lakes Task Order#5 (11-01-24)Attorney Stamped-JXD-Signed.pdf FINANCIAL IMPACT: Effective Date: November 19, 2024 Expiration Date: September 30, 2025 Dollar Value of Task Order#5: $12,500 Total Cost to County: $12,500. Current Year Portion: $0 Budgeted: Yes Source of Funds: 102-22500-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: 4239 A 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 FOR SEA LEVEL RISE / ROAD ADAPTATION PROJECTS, TWIN LAKES In accordance with the Agreement for Professional Services for Special Assessments, made and entered into on May 17, 2023, (Agreement), between Monroe County, ("County") and Anser Advisory Consulting, LLC d/b/a Anser Advisory ("Consultant"), the parties enter into this Task Order No. 5. This Task Order No. 5 is entered into on November 19;2024, by and between County and Consultant for professional consulting services for a sea level rise/road mitigation special assessment program for the Twin Lakes subdivision in Key Largo. All terms and conditions of the Agreement apply to this Task Order No. 5, unless this Task Order amends, adds, or modifies a provision or an Article of the Agreement, in which case, the provision or Article will be specifically referenced in this Task Order and the amendment, addition, or modification will be precisely described. These additions apply only to the project referenced in this Task Order No. 5. WITNESSETH WHEREAS, the County and Consultant entered into Task Order No. 3 effective October 1, 2023, for the Consultant to perform professional consulting services for a sea level rise/road adaptation special assessment project for the Twin Lakes subdivision area; and 4240 WHEREAS, the parties decided thereafter that the services described in Task Order No. 3 would not be undertaken during the period of performance set forth therein; and WHEREAS, the period of performance set forth in Task Order No. 3 expired on September 30, 2024; and WHEREAS, the County desires to engage the services of Anser Advisory at this time to provide professional consulting services for a sea level rise/road adaptation special assessment project for the Twin Lakes subdivision area. 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, the parties agree as follows: 1. Task Order No. 3 between the County and Consultant is hereby withdrawn. 2. In consideration of the mutual promises and covenants set forth below, the parties agree as follows: A. SCOPE OF SERVICES. In accordance with Article II, SCOPE OF BASIC SERVICES of the Agreement, 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. B. COMPENSATION. In accordance with Article VII, Paragraph 7.1. of the Agreement, 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 the Consultant. Any requested on-site meetings by Anser staff may be arranged at the standard hourly rates provided in Appendix A. 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 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 $1.63 per parcel. Payment of mailing and production costs is due at the time of adoption of the initial assessment 4241 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, the additional postage per notice will be charged. All other terms including the Payment Schedule are as set forth in Appendix A. C. TERM OF TASK ORDER. This Task Order shall be effective as of November 19, 2024, and shall expire on September 30, 2025. In all other respects, the terms and conditions of the Agreement remain unchanged and shall apply. 4242 IN WITNESS WHEREOF, each party has caused Task Order #5 to be executed by its duly authorized representative as set forth below. MONROE COUNTY, FLORIDA ANSER ADVISORY By: By: Mayor Sandi Neubart", Director Date: Date: Noveber 1, 2024 +ONROE'COUNTY ATTORNEYS OFFICE PROVED A'S TO FORM ' STANT COUNTY ATTORNEY DATE 4243 APPENDIX A 4244 Appendix A TWIN LAKES NEIGHBORHOOD SEA LEVEL RISE ROADWAY MITIGATION MAINTENANCE SERVICES WORK TO BE CONDUCTED DURING FISCAL YEAR 2024-25 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. Using the 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 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. 4245 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 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 $1.63 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 amountof 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. 4246 DELIVERABLES SCHEDULE Deliverable Schedule Notice to Proceed October- November 2024 Develop Assessment Methodology October—December 2024 Proforma Assessment Rates December 2024—March 2025 Assessment Memorandum March—May 2025 Implementation April—September 2025 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 2024. 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 2024 25%of lump sum fee $3,125.00 January 2025 25%of lump sum fee $3,125.00 April 2025 25%of lump sum fee $3,125.00 August 2025 25%of lump sum fee $3,125.00 Total $12,500.00 4247