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Independent Contractor - 2020 - Fiscal Impact Analysis Tool / Evaluation Of Comp Plan / Land Use / Development - 1/14/2020CHANGE ORDER 1 Date of Request 10-8-2020 TischlerBise- Fiscal Impact Tool Notice_ This contract was approved with an approved scope of work and a negotiated Not -To -Exceed amount of $50,000, The Eagle City Council did nor approve contingencies to this contact, ail changes in program, materials, timeline and cost must be approved by the Eagle City Council. Staff does not have authority to approve changes. All Change order requests must be submitted in writing including this form for approval by the City of Eagle. Eagle City Council meets the 2nd and 4th Tuesdays of each month, change orders must be received no later than the Wednesday prior to the meeting. The contract documents are modified as follows upon execution of this change order: FY 21 Budget Update: $4,500 City Council Training/Presentation: $1,000 Change Order Total: 55,500 Changes to Final Completion Date: YES NO CHANGES TO CONTRACT PRICE: TIMELINE to Complete Additoanl Work: Original Contract Price: Notice to Proceed: 10/9/2020 $50,000.00 Increase From Original Contract : 55,500.00 Contract price Prior to this Change Order: $55,500.00 Final Completion: 11/13/2020(30 days) (30-days from Signature) Contractor Requestin Change: Staff Review: . By: Byk 1,4.. Nichoel Bafrd Spencer Date: Lehi (, „Q2wJ Date: Oil City Approval: By: Jason Peirce, Mayor w ® C THE CITY OF CHANGE ORDER 1 Date of Request 10-8-2020 TischlerBise- Fiscal Impact Tool Notice: This contract was approved with an approved scope of work and a negotiated Not -To -Exceed amount of $50,000. The Eagle City Council did not approve contingencies to this contact, all changes in program, materials, timeline and cost must be approved by the Eagle City Council. Staff does not have authority to approve changes. All Change order requests must be submitted in writing including this form for approval by the City of Eagle. Eagle City Council meets the 2nd and 4th Tuesdays of each month, change orders must be received no later than the Wednesday prior to the meeting. The contract documents are modified as follows upon execution of this change order: FY 21 Budget Update: $4,500 City Council Training/Presentation: $1,000 Change Order Total: $5,500 Changes to Final Completion Date: YES NO CHANGES TO CONTRACT PRICE: I TIMELINE to Complete Additoanl Work: Original Contract Price: Notice to Proceed: 10/9/2020 $50,000.00 Increase From Original Contract : $5,500.00 Contract price Prior to this Change Order: $55,500.00 Contractor Requesting Change: By: Date: City Approval: Final Completion: 11/13/2020(30 days) (30-days from Signature) Staff Review: B Date: Jason Peirce, Mayor Nichoe Bard Spencer 10i°t J 2-0 2D PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EAGLE, IDAHO AND TISCHLER BISE, INC. THIS AGREEMENT made and entered into on the date indicated herein, by and between THE CITY OF EAGLE, an Idaho municipal corporation ("hereinafter referred to as "CITY"), and TISCHLERBISE, INC, a Washington, DC corporation (hereinafter referred to as "TISCHLERBISE"). Collectively the City and TISCHLERBISE shall be referred to as "the Parties". RECITALS WHEREAS, the CITY is a municipal corporation duly organized and existing under the laws of the State of Idaho; and WHEREAS, pursuant to Idaho Code §50-301 et seq., the CITY is empowered to contract and be contracted with; and WHEREAS, the CITY desires to amend the City's comprehensive plan, specifically the ECONOMIC DEVELOPMENT Chapter; and, WHEREAS, the CITY recognizes TISCHLERBISE as having the necessary qualifications, experience and capabilities to draft a Fiscal Impact Analysis Tool for the City of Eagle able to evaluate comprehensive plan land use changes and site -specific development applications. NOW, THEREFORE, for the consideration recited herein below, the CITY and TISCHLERBISE enter into this Agreement according to the following terms and conditions: 1. Appointment of Contractor. TISCHLERBISE, 4701 Sangamore Road Suite 240, Bethesda, MD 20816 shall be the appointed contractor for Fiscal Impact Analysis Tool for the CITY subject to the terms of this Agreement. 2. The Scope of Work. TISCHLERBISE shall provide services as follows: Scope as outlined in "Exhibit C" 3. Contract Documents: The Contract Documents consist of this Agreement and the City's request for proposal (RFP) (attached hereto as Exhibit "A"), the Response to Request for Qualifications proposal from TISCHLERBISE, dated NOVEMBER27, 2019, (attached hereto as Exhibit "B") and updated and revised on DECEMBER 19, 2019, (attached hereto as Exhibit "C") and other documents referred to in this Agreement, and in any modifications and/or change orders issued after execution of this Agreement supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents is inconsistent with this Agreement, the specific provisions SERVICE AGREEMENT BETWEEN THE CITY OF EAGLE, IDAHO AND TISCHLER BISE, INC - 1 K:\Capital Facilities Planning\Fiscal Analysis\Service Agreement_Tischlerbise Inc_fiscal Impact tool- final.doc of this Agreement shall govern. 4. Subcontractors, Suppliers and Professionals. There are no subcontractors identified for this contract. In the event TISCHLERBISE contracts with or employs any subcontractors or suppliers during the term of this Agreement, TISCHLERBISE shall immediately give notice of such additional subcontractors and suppliers to the City. 5. Commencement and Completion. The commencement date of contract shall be JANUARY 15, 2019 ("Commencement Date"). TISCHLERBISE shall achieve substantial completion of the Project not later than FEBRUARY 28, 2017. 6. Changes in the Work. Changes in the Project which are within the general scope of the Agreement may be accomplished by a Change Order without invalidating this Agreement. A Change Order is a written instrument issued after the execution of this Agreement signed by the City and TISCHLERBISE, INC stating their agreement upon the change in the Project and, if necessary, an adjustment to the Contract Sum and the completion date. Any adjustment to the Contract Sum or the completion date required by the Change Order shall be expressly set forth in the Change Order and, if no such adjustment is expressly set forth in the Change Order, there shall be no implied agreement for changing the Contract Sum or the completion date. 7. Compensation of TISCHLERBISE, INC. The Compensation of TISCHLERBISE shall be based upon the proposal submitted by TISCHLERBISE dated NOVEMBER 27, 2019 (attached hereto as Exhibit "B"), and updated and revised on December 19, 2019, (attached hereto as Exhibit "C"), for a total contract price of $48,040. 8. Independent Contractor. The City and TISCHLERBISE hereby agree that TISCHLERBISE shall perform the services exclusively as an independent contractor and not as employee or agent of the City. The Parties do not intend to create through this Agreement any partnership, corporation, employer/employee relationship, joint venture or other business entity or relationship other than that of independent contractor. TISCHLERBISE, its managers, members, directors, officers, shareholders, agents and employees shall not receive nor be entitled to any employment -related benefits from the City including without limitation, workers compensation insurance, unemployment insurance, health insurance, retirement benefits or any benefit that the City offers to its employees. TISCHLERBISE shall be solely responsible for the payment of all payroll and withholding taxes for amounts paid to TISCHLERBISE under this Agreement and TISCHLERBISE'S payments for work performed in performance of this Agreement by TISCHLERBISE managers, members, directors, officers, shareholders, agents and employees; and TISCHLERBISE hereby releases, holds harmless and agrees to indemnify the City from and against any and all claims or penalties, including without limitation the 100% penalty, which in any manner SERVICE AGREEMENT BETWEEN THE CITY OF EAGLE, IDAHO AND TISCHLER BISE, INC - 2 K;\Capital Facilities Planning\Fiscal Analysis\Service Agreement_Tischlerbise Inc_fiscal impact tool- final.doc relate to or arise from any failure to pay such payroll or withholding taxes. 9. Indemnification. TSCHLERBISE agrees to indemnify and hold the City harmless from and against all claims, suits, damages (including without limitation, damages to persons and property including deaths), costs, losses, and expenses, in any manner related to or arising from the negligent acts or omissions of TISCHLERBISE, its managers, members, directors, officers, shareholders, agents and employees. 10. Copyright. Ownership and Use of Materials. THISCHLERBISE hereby assigns to the City all right, title, and interest, including, but not limited to, copyright and all copyright rights, in all materials created by TISCHLERBISE in its performance under this Agreement and/or delivered to the City hereunder and shall execute any documents necessary to effectuate such assignment, with the exception that TISCHLERBISE hereby grants to the City an irrevocable, fully -paid up, royalty - free license to use any document provided to the City including without limitation any document known as a "detail." TISCHLERBISE warrants that it has the lawful right to grant the forgoing license to the City. In the event TISCHLERBISE uses any individual who is not a full-time employee of TISCHLERBISE or entity to perform any work required of it pursuant to this Agreement TISCHLERBISE shall require said individual or entity to sign an agreement containing identical wording as the foregoing with the exception that word "TTSCHLERBISE" is to be replaced with the individual's or entity's name. Materials constitute all written and other tangible expressions, including, but not limited to, drawings, documents, reports, surveys, renderings, exhibits, models, prints, photographs, etc. All materials furnished by TTSCHLERBISE hereunder shall be and shall remain the property of the City. In the event of Agreement termination by either party for any reason, as provided under this Agreement, the City will have the right to receive, and TISCHLERBISE shall promptly provide to the City, all drawings, documents, reports, surveys, renderings, exhibits, models, prints, photographs, etc., and other materials prepared by the TTSCHLERBISE for the services under this Agreement. In the event of termination, and any dispute regarding the amount to be paid and er this Agreement notwithstanding, the City retains the right to receive and use any such documents or materials. The foregoing provisions shall survive the term and termination of this Agreement. 11. Legal and Regulatory Compliance. TTSCHLERBISE shall perform all services and prepare documents in compliance with the applicable requirements of laws, codes, rules, regulations, ordinances, and standards. 12. Insurance. TISCHLERBISE shall maintain professional liability insurance in the amount of $1,000,000.00 and workers compensation insurance from an insurance carrier licensed to do business in the State of Idaho, and furnish proof of said insurance to the City prior to performing any of the services or being entitled to any pay therefore. SERVICE AGREEMENT BETWEEN THE CITY OF EAGLE, IDAHO AND TISCHLER BISE, INC - 3 K \Capital Facilities Planning\Fiscal Analysis\Service Agreement_Tischlerbise Inc_Sscal impact tool- finaLdoc 13. Compliance with Laws/Public Records. TISCHLERBISE, its managers, members, directors, officers, shareholders, agents and employees shall comply with all federal, state and local laws, rules and ordinances. This Agreement does not relieve TISCHLERBISE of any obligation or responsibility imposed upon TISCHLERBISE by law. Without limitation, TISCHLERBISE hereby acknowledges that all writings and documents, including without limitation email, containing information relating to the conduct or administration of the public's business prepared by TISCHLERBISE for City regardless of physical form or characteristics may be public records pursuant to Idaho Code Section 9-337 et seq. TISCHLERBISE further acknowledges that, subject to certain limitations, the public may examine and take a copy of all such public writings and records. Accordingly, TISCHLERBISE shall maintain such writings and records in such a manner that they may be readily identified, retrieved and made available for such inspection and copying. 14. Notice. All notices, requests, demands or other communication required or provided for under this Agreement, other than instructions given by the City pursuant to Paragraph 2 herein shall be in writing. Notices to the City and TISCHLERBISE shall be addressed as follows: City of Eagle 660 E. Civic Lane Eagle, ID 83616 Telephone: (208)939-6813 TischlerB ise 4701 Sangamore Road Suite 240, Bethesda, MD 20816 Telephone: (301) 320-6900 15. Non -Assignment. TISCHLERBISE hereby acknowledges that the City has agreed to enter this Agreement based in part on TISCHLERBISE unique skills and reputation for professional work. Accordingly, TISCHLERBISE may not assign or transfer in any manner this Agreement or any of TISCHLERBISE right, title or interest in or to this Agreement without the prior written consent of the City which may be withheld for any reason. 16. Amendments. This Agreement may only be changed, modified, or amended in writing executed by all parties. 17. Headings. The headings in the Agreement are inserted for convenience and identification only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement or any provision hereof. 18. Attorney Fees and Costs. In the event that either party hereto is required to retain the services of an attorney to enforce any of its rights hereunder, the non - prevailing party shall pay to the prevailing party all reasonable costs and attomey fees incurred in such enforcement, whether or not litigation is commenced and including reasonable costs and attorney fees on appeal. SERVICE AGREEMENT BETWEEN THE CITY OF EAGLE, IDAHO AND TISCHLER BISE, INC - 4 K:\Capital Facilities Planning\Fiscal Analysis\Service Agreement_Tischlerbise Inc_Sscal impact tool- final.doc 19. No Presumption. No presumption shall exist in favor of or against any party to this Agreement as the result of the drafting and preparation of the document. 20. Governing Law. This Agreement shall be governed by the laws and decisions of the State of Idaho. 21. Entire Agreement. This Agreement contains the entire Agreement between the parties respecting the matters herein set forth and supersedes all prior Agreements between the parties hereto respecting such matter. 22. Execution and Fax Copies and Signatures. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 23. Authority. The parties executing this Agreement warrant, state, acknowledge, and affirm that they have the authority to sign the same and to bind themselves to the terms contained herein. IN WITNESS WHEREOF, the Parties execute this Agreement as of this 14 day of January , 2019. CITY OF EAGLE Ada County, Idaho BY: Stan Ridgeway ITS: Mayor A 1"LEST: ( K->^�/Y/ •.r�.r , Sharon K. Bergmann, Eagle City Clerk/Treasurer TISCHLERBIS, INC. BY: --- 1. Carson rise II ITS: President SERVICE AGREEMENT BETWEEN THE CITY OF EAGLE, IDAHO AND TISCHLER BISE, INC - 5 K:\Capital Facilities Planning\Fiscal Analysis\Service Agreement_Tischlerbise Inc fiscal impact tool- final.doc ExhibitA Fiscal Impact Analysis and Tool Scope of Work Overview The City of Eagle, Idaho is seeking proposals from firms to conduct analysis and prepare a fiscal impact tool ("fiscal tool") for the City. The analysis will estimate public revenues and expenditures associated with land uses decisions within the City of Eagle (including comprehensive plan changes, annexations, rezones and subdivision approvals). Fiscal impacts considered should include city funded services- police, library, water, parks and recreation, prosecution services and administration as well as regional services including but not limited to transportation, public education, sewer, fire, and emergency services. As the proposal is for less than $50,000 in professional services, the City is not required to undertake a formal RFP process, but is preparing a scope of work and evaluation process in order to fairly and equitably evaluate potential providers. City Fiscal Analysis The City of Eagle, population of 32,000, is a first -tier suburb of Boise, Idaho. The City of Eagle has seen significant growth over the past 20 years, with 1 in 3 citizens moving to Eagle since 2010, and 2 in 3 citizens moving to Eagle in since 2000. The City plans for an annual average growth rate of 4.5%. The City of Eagle utilizes contract services for engineering, police and attorney services and is provided sewer, fire, some water services, and transportation services from either independent/single purpose districts or private providers. The City of Eagle relies largely on property taxes for revenue and hosts one of the lowest property tax levy rates in the State of Idaho. The City of Eagle's share of a typical tax bill within the City is approxinaley 18% of the property taxes collected. The balance of the property tax revenue is distributed to single purpose districts - emergency services, highway, public schools, and more. Sales tax is redistributed to local jurisdictions based on population and market share. The City does not currently maintain a capital improvements plan and uses permit fee (building and zoning) to supplement the general fund. The City's 2017 Eagle is HOME Plan plans includes over49,000 acres in the Eagle Foothills north of the City, including lands within three (3) Counties and two (2) judicial districts. The City leaders have recently considered the removal of 70% of the foothills planning area due to the Tong -term impacts on the City's budget and ability to maintain current levels of service. City is seeking a fiscal analysis and tool that address geospatial factors associated with discontinuous growth and response times. As the City grows, there is increasing concern about the fiscal sustainability of the City and the ability to fund services when the City reaches build out or there is slowing in the economy resulting in a lack of one-time fees. The City is seeking both a fiscal analysis and a tool for ongoing site -specific evaluation. p. 1 The analysis phase will gather relevant financial data and assumptions from the City, Ada County, Boise and West Ada School Districts, and other agencies to provide meaningful inputs into the fiscal impact tool, as well as conduct planning -level cost estimates for above -mentioned public infrastructure and services. The analysis should build upon existing data and integrate the results into a fiscal tool. These local data and assumptions may come from a variety of sources, including the City, Ada County, COMPASS, the Ada County Highway District, the Idaho Transportation Department, and individual service providers. The tool development phase will result in a tool that City can use to evaluate the fiscal impact of land uses decisions within the City of Eagle (including comprehensive plan changes, annexations, rezones and subdivision approvals), using the data gathered in the "analysis" phase. Regional Efforts/Coordination The Community Planning Association of Southwest Idaho (COMPASS) recently sought proposals to conduct analysis and prepare a fiscal impact tool for Ada and Canyon Counties, Idaho, otherwise known as the Treasure Valley, for the development of an updated regional long-range transportation plan, Communities in Motion 2050 (CIM 2050). This analysis and tool should be able to interface with and compliment this analysis while providing City -specific impacts. Proposals The budget for the fiscal impact analysis and fiscal tool is $50,000. Interested firms must demonstrate knowledge and experience in fiscal impact analysis, proforma valuation, property tax policies, and development of analysis tools. Preference will be granted to firms demonstrating experience in developing geospatial tools and user- friendly interfaces. Proposals will be evaluated based on their ability to meet the qualifications and selection criteria. Proposals must be prepared and submitted in accordance to the guidelines and requirements outlined in this Request for Proposals (RFP). Time is of the essence. While the City does not have an established completion date, proposals should identify a reasonable timeline for completion. p. 2 Study Area The Study area is the City of Eagle's 2017 Eagle is Home Comprehensive Planning Boundary. Proposed Project Framework Oversight. The project will be managed by the Eagle Planning and Zoning Department with oversight from the Mayor's office and the City Council, as deemed appropriate by the Mayor and the project manager. P. 3 Deliverables 1. Final workplan 2. Data inventory status report 3. Data analysis status report 4. Fiscal tool 5. Presentation to the City Council, if requested 6. Final report, tool, and data Submittal Requirements Minimum components of a responsive submittal: 1. Cover letter with a brief narrative describing : a. Respondent's understanding of the project, and b. Project manager and/or point of contact for the team. 2. A brief description of the firm(s) that constitute the team. 3. A brief description of the qualifications of team members who would be performing the work, their roles, and their relevant experience - key members of the team are to be noted. Principals of the involved firm(s) may be listed, but only in the context of their anticipated level of involvement in the project. 4. A list of relevant project -specific references, and the team members' role in these projects, including a brief description of the services provided and client contact information. Only completed projects should be included. 5. A summary description of the proposed cost and revenue analysis process, including a description of the approach to prioritizing input factors, receiving required data, interpolating missing data, if necessary, developing a fiscal tool, and maintaining the tool. Please include: a. Budget. Task -level, line item for the major sub -tasks. b. Schedule of tasks for the duration of the project. Should include a Project completion date. 6. Statement that all firms included on the team are not barred from federal contracts. In addition to the above list, respondents are advised of the following requirements and guidelines: 1. Responses - 12 pages maximum: a. Report cover and table of contents (not subject to page limit) b. Cover letter c. Project team, consultant qualifications, and experience d. Work plan and schedule e. Budget. Labor hours and cost per task (not subject to page limit) p. 4 2. Submit one (1) PDFfile of the complete submittal via email to nbairdc citvofeaale.ora 3. Responses must be received before 5:00 nm MDT on Tuesday. December 3, 2019 Selection Criteria A selection committee comprised of City staff and members of the Eagle City Council will evaluate all proposals. Submitted proposals will be evaluated using the following key criteria: • Demonstrated ability to deliver high quality, innovative work • Consultant experience with real estate development analysis, proformas, and economic analysis relevant to the Treasure Valley • Ability to write and deliver clear and concise written reports and organized and intuitive proforma templates • Ability to program fiscal impact tool(s) for ease of use and ability for COMPASS to update data as needed • Completeness and clarity of proposal, and • References After selection of the most qualified firm, the City will negotiate a final fee for the project based on a detailed scope of service developed by the City and the selected consultant. If the City and that firm are unable to negotiate a contract, negotiations will be terminated with that firm and the next most qualified firm will be selected until a contract has been negotiated with a qualified firm. The City wishes to have a consultant under contract by December 17, 2019. Criteria Responses will be scored as follows Maximum Points A. Demonstrated ability to deliver high quality, innovative 20 work B. Consultant experience with real estate development 20 analysis, proformas, and economic analysis relevant to the Treasure Valley C. Ability to write and deliver clear and concise written 15 reports and organized and intuitive proforma templates D. Ability to program fiscal impact tool(s) for ease of use and 15 ability for City to update data E. Completeness and clarity of proposal 10 F. References 10 G. Cost 5 H. Timeliness of project 5 Total Points Possible 100 P. 5 Schedule As the proposal is for less than $50,000 in professional services the City is not required to undertake a formal RFP process but is preparing a scope of work in order to evenly evaluate potential service providers. For documentation purposes, questions should be directed to the City's Project Manager via email at Nbairdna citvofeaale.ora In addition to the above, respondents are advised of the following: • DBE firms and non-profit entities are encouraged to respond. • The City reserves the right to request additional information from a respondent. • The City reserves the right to reject any and all responses and waive any irregularities. Issuance of this RFP does not constitute a commitment to proceed to a guaranteed contract. • Questions and communication regarding the project described in the RFP will be directed solely to Nichoel Baird Spencer, Planner III: • Questions are encouraged to be submitted via email to nbairdCa citvofeaale.ora in order to ensure consistent and equitable distribution of information. • Firms that may be interested in a proposal are strongly encouraged to submit their contact information upon receipt of this scope of work to be sure they receive relevant updates. • Responses to questions and additional information will be posted on the on the City's Bids, RFPs, and RFQs webpage: htto://www.citvofeaale.ora/Bids.asnx p. 6 TiEhIeFise .- FISCAL I ECONOMIC I PLANNING Exhibit B Proposal for Fiscal Impact Analysis and Tool City of Eagle, Idaho December 3. 2019 Table of Contents Section 1: Cover Letter 1 Section 2: Qualifications and Expertise 2 Section 3: Work Plan and Schedule 8 Section 4: Project Budget 12 TischlerBise Section 1: Cover Letter December 3, 2019 Ms. Nichoel Baird Spencer, Planner III City of Eagle 660 East Civic Lane Eagle, Idaho 83616 RE: Proposal for Fiscal Impact Analysis and Tool Ms. Spencer, TischlerBise is pleased to submit the enclosed proposal to provide a Fiscal Impact Analysis Tool for the City of Eagle. In summary, we feel that our firm brings several distinct advantages to the process of handling this important assignment: ■ No other firm has the depth of experience that TischlerBise brings to this assignment. TischlerBise is the nation's leading fiscal/economic impact, impact fee, and infrastructure financing consulting firm. We have completed over 900 fiscal impact studies across the country —more than any other firm. • TischlerBise has successfully prepared and assisted with the implementation of over twenty fiscal impact models over the five years, all of which are similar in complexity and scale to this assignment. Additionally, since TischlerBise was the firm selected by COMPASS to develop a similar fiscal tool, the City is assured there will be seamless interface and integration into that larger work effort. ■ TischlerBise's project team for this assignment is comprised of two nationally recognized experts in the area of fiscal impact analysis. Carson Bise, who will serve as Project Manager for this assignment, has developed and implemented more fiscal impact models than any planner in the country and is widely regarded as the leading national practitioner in the field. We look forward to the possibility of working with the City and are committed to providing cost-effective, high -quality support for this assignment. Sincerely, L. Carson Bise II, AICP, President TischlerBise 4701 Sangamore Road S240 301.320.6900 x12 carson@tischlerbise.com Tisch re Bise 1 Section 2: Qualifications and Expertise Firm Experience TischlerBise, Inc., was founded in 1977 as Tischler, Montasser & Associates. The firm became Tischler & Associates, Inc., in 1980 and TischlerBise, Inc., in 2005. The firm is a Subchapter (S) corporation, is incorporated in Washington, D.C., and maintains offices in Bethesda, Maryland, with a Boise office opening in the Spring of 2020. TischlerBise is a fiscal, economic, and planning consulting firm specializing in fiscal/economic impact analysis, impact fees, market feasibility, infrastructure financing studies and related revenue strategies. Our firm has been providing consulting services to public agencies for over thirty years. In this time, we have prepared over 900 fiscal/economic impact evaluations and over 1,000 impact fee/infrastructure financing studies — more than any other firm. Through our detailed approach, proven methodology, and comprehensive product, we have established TischlerBise as the leading national expert on revenue enhancement and cost of growth strategies. The graphic depicts our vast fiscal/economic impact experience with clients nationwide., As our proposal demonstrates, no other firm can match the depth of our experience in the area of local government fiscal impact analysis and model development. Our Principal in Charge, Carson Bise, AICP, is widely considered the leading national fiscal impact practitioner in the United States. The core services provided by TischlerBise all involve: ■ Determining existing and projected residential and nonresidential growth for 10-, 20-, and 30—year periods • An examination of local government budgets to determine fixed and variable costs and revenues as well as the true costs of service • Evaluations of departmental operating structures and determination of existing levels of service as well as the most appropriate method of projecting future costs (including staff) and revenues • Developing meaningful and realistic capital improvement plans • Determining the fiscal impacts of different land uses and physical forms ■ Evaluation of alternative revenue sources and financing mechanisms for achieving fiscal sustainability • Developing user friendly fiscal software • Presenting fiscal/economic findings in a variety of forums • Evaluation of zoning and land use policies from a market perspective for consistency with stated fiscal and economic goals 2 Tisch!e Bise ra, ■ Providing recommendations to ensure fiscal/economic sustainability Idaho Experience An important factor to consider related to this work effort is our previous experience in the State of Idaho, which makes us quite familiar with the local government revenue structure, as well as the planning issues facing Idaho and Ada County jurisdictions. A listing of our previous fiscal and economic impact clients in Idaho is provided below. State of Idaho Boise Canyon County COMPASS Hailey Hayden Kellogg Nampa Payette Post Falls Sandpoint Treasure Valley Partnership Victor Project Personnel Qualifications Our TischlerBise project team has successfully implemented numerous fiscal impact models for many communities similar in complexity and scale to this assignment. The majority of assignments included understanding local and regional context and evaluating multiple scenarios reflecting differences in absorption and phasing, geographic service areas, variations in levels of service, infrastructure life cycle costs, and density and physical development patterns, all of which affect the factors used in development of the fiscal impact model for this assignment. The organizational chart shows our project team for this assignment. City of Eagle Carson Bise. AICP Project Manager 1 Julie Herlands, AICP Principal Analyst Colin McAweeney Project Analyst TischlerBiserBise 3 ;-r Detailed discussion of each team member's qualifications is discussed below. L. Carson Bise, II, AICP, President Carson Bise has 29 year of fiscal, economic and planning experience and has conducted fiscal and infrastructure finance evaluations in 39 states. Mr. Bise has developed and implemented more fiscal impact models than any consultant in the country. The applications which Mr. Bise has developed have been used for evaluating multiple land use scenarios, specific development projects, annexations, urban service provision, tax - increment financing, and concurrency/adequate public facilities monitoring. Mr. Bise is also a leading national figure in the calculation of impact fees, having completed over 350 impact fee studies. Mr. Bise has also written and lectured extensively on fiscal impact analysis and infrastructure financing. His most recent publications are Next Generation Transportation Impact Fees and Fiscal Impact Analysis: Methodologies for Planners, both published by the American Planning Association, a chapter on fiscal impact analysis in the book Planning and Urban Design Standards, also published by the American Planning Association, and the ICMA IQ Report, Fiscal Impact Analysis: How Today's Decisions Affect Tomorrow's Budgets. Mr. Bise was also the principal author of the fiscal impact analysis component for the Atlanta Regional Commission's Smart Growth Toolkit and is featured in the recently released AICP CD-ROM Training Package entitled The Economics of Density. Mr. Bise is currently on the Board of Directors of the Growth and Infrastructure Finance Consortium and recently Chaired the American Planning Association's Paying for Growth Task Force. He was also recently named an Affiliate of the National Center for Smart Growth Research & Education. EDUCATION M.B.A., Economics, Shenandoah University B.S., Geography/Urban Planning, East Tennessee State University B.S., Political Science/Urban Studies, East Tennessee State University Julie Herlands, AICP, Vice President Julie Herlands is Vice President with TischlerBise and has fifteen years of planning, fiscal, and economic development experience. Prior to joining TischlerBise, Ms. Herlands worked in the public sector in Fairfax County, Virginia, for the Office of Community Revitalization and for the private sector for the International Economic Development Council (IEDC) in their Advisory Services and Research Department. For IEDC, she conducted a number of consulting projects including economic and market feasibility analyses and economic development assessments and plans. Her economic and fiscal impact experience includes a wide -range of assignments in over fifteen states. She is a frequent presenter at national and regional conferences including serving as co-organizer and co -presenter at a half -day AICP Training Workshop entitled Fiscal Impact Assessment at the APA National Planning Conference. A session on impact fees and cash proffers presented at the APA National Conference is available through the APA training series, Best of Contemporary Community Planning 2005. She is the immediate past Chair of the Economic 4 Tisch e(rl ise Development Division of the APA and chaired the APA Task Force on Planning and Economic Development. EDUCATION Masters of Community Planning, University of Maryland B.A., Political Science, University of Buffalo Colin McAweeney, Fiscal and Economic Analyst Colin McAweeney is a Fiscal and Economic Analyst at TischlerBise with specialties in finance and economic development planning. Mr. McAweeney specializes in preparing fiscal and economic impact analyses, as well as developing fiscal software. Mr. McAweeney has conducted fiscal and economic evaluations in over 10 different states. Prior to joining TischlerBise, Mr. McAweeney completed his M.S. at Erasmus University Rotterdam where he specialized in economic development. Here, Mr. McAweeney became knowledgeable in planning that involves fiscal, social, and environmental sustainability. In Rotterdam, Mr. McAweeney conducted several field studies of local at -risk neighborhoods and presented planning solutions to city leaders. Additionally, he brought together a team of academics and consultants to plan a biking corridor in Kenya. He finished his degree with a thesis surrounding the urban aspects that attract investment. Before pursuing his M.S., Mr. McAweeney worked in the finance sector for several years. While performing at a high level, he was able to become very familiar with financial markets and business financing. EDUCATION M.S., Urban Management and Development, Erasmus University Rotterdam B.S., Economics with an emphasis on Mathematics, University of Wisconsin - Madison Relevant Project Examples Below are references of work performed for local governments and projects that involved substantial technical assistance with the client and others. We have listed only projects with which our Project Team members were associated. City of Fairfax, Virginia — Fiscal Impact Models (2016) Project Contact: Nicole Hange, Economic Development Director Phone: (703) 385-7851 Email: nicole.hange@fairfax.gov Project Staff: Carson Bise, Principal in Charge; Julie Herlands, Project Manager TischlerBise developed two fiscal impact models for the City of Fairfax. The City desired a tool capable of to conduct fiscal evaluations for specific development projects, as well as to evaluate municipal - wide scenarios. It has been our experience that it is extremely difficult to develop one model that does both types of analyses well. Therefore, we developed two distinct models for the City to be used for different purposes —a Development Project Fiscal Impact Model and a Citywide Fiscal Impact Model. The models were calibrated appropriately with the Project Model calibrated with recent development projects and the Citywide model was calibrated to long-term growth scenarios. The assignment included detailed Tischl re Base EC ,oM,c '.�.NNI14G 5 analyses to establish current demand assumptions (e.g., student generation rates, household sizes, property valuations, and demand for public safety services), operating and capital impacts, as well as an economic impact module. City of Falls Church, Virginia — Fiscal Impact Model (2018) Project Contact: Becky Witsman, Economic Development Division Chief Phone: (703) 248-5224 E-mail: bwitsman@fallschurchva.gov Project Staff: Carson Bise, Principal in Charge; Julie Herlands, Project Manager Dates of Service (Separate Engagements): 2003; 2008, 2011; 2014, 2016, 2018 TischlerBise developed the Fiscal Impact Model used by the City of Falls Church to evaluate new development proposals. TischlerBise developed the first model for the City over a dozen years ago, has conducted several periodic updates in the interim, and has just recently updated and expanded the model for 2018. The model is an average cost/case study marginal hybrid fiscal model that is used by the City's Economic Development Department to test development programs particularly for mixed use projects. Most recently, TischlerBise expanded the model to include a more robust capital module as well as revised methodologies for some revenue categories based on new and better data availability. The City's fiscal model has the capability to test a wide range of residential and nonresidential land uses, which have been modified and expanded in the recent update, to keep up with the ever -changing types of development being proposed in the City. As a small City that funds its school system through property taxes, the City's goal is to ensure that redevelopment generates sufficient revenues to cover the resulting costs while maintaining current levels of service. City of Georgetown, Texas — Fiscal Impact Models (2017-2018) Contact: Wayne Reed, Assistant City Manager Phone: (512) 819-3118 E-mail: wayne.reed@georgetown.org Personnel: Carson Bise, Principal in Charge; Julie Herlands, Project Manager Dates of Service: February 2017-February 2018 The City of Georgetown, Texas, retained TischlerBise to develop two Fiscal Impact Models: One to evaluate Development Proposals and the other to evaluate Citywide Growth scenarios. TischlerBise worked in close collaboration with the City to deliver flexible yet structured Fiscal Impact Models. The City is a fast-growing area outside the City of Austin and had two separate needs and desires: 1. To analyze a range of development proposals on a case -by -case basis to test alternative scenarios: Addressed with the Project Level Fiscal Impact Model. 2. To utilize for longer -term planning analyses, such as their upcoming Comprehensive Plan update: Addressed with the Citywide Fiscal Impact Model. 6 Tlsehl re se CAL '.:'DINpM+C ALgHY�i :^ /14 The Citywide Fiscal Impact Model was developed using sub -geographies using a case -study marginal approach. The Project Level Fiscal Impact Model uses the marginal findings as the foundation with modifications to allocate costs to the project under study. The Project Level Model provides a custom - designed user input page that uses dropdown menus and default values but also allows the user to override those values temporarily. Color coding provides visual cues for the user where default values have been overridden (blue) and where user input is still needed (red). Type of units Total number of units Single-family Detached Starter (SFDS) Single-family Detached Middle (SFDM) Single-family Detached Estate (SFDE) Single-family Detached Age Restricted (SFDAR) Single-family Attached/Condos Multi -family Number of Number of units Years to Build Start Year Land Use Type absorbed each [dropdown] [dropdown] Out year [calculated] 100 1.0 1 Single Family 100.0 25 0.0 n/a Single Family 0.0 O 0.0 n/a Single Family 0.0 O 0.0 n/a Single Family 0.0 O 0.0 n/a Single Family 0.0 O 0.0 n/a Multifamily 0.0 Taxable value per unit $420,000 $495,000 $273,000 $220,000 $155,000 The Project Level Fiscal Impact Model is currently being used by the City to evaluate development projects to report findings to City Council. The Citywide Fiscal Impact Model is anticipated to be used in summer/fall 2019 during the update of the City's Comprehensive Plan, as was intended when the model was scoped and developed. Frederick County, Virginia — Capital Impact Study and Model Project Contact: Mike Ruddy, Director of Planning Phone: (540) 665-5651 Email: mruddy@fcva.us Dates of Performance: 2003; 2008; 2018-19 TischlerBise recently completed development of a Capital Impact Model and Study to allow County staff to evaluate rezoning applications for impacts on capital facilities. This Model is a modification and update to an existing Fiscal Impact Model that TischlerBise had developed (with frequent updates) for the Winchester - Frederick County Economic Development Commission. A key feature of our previous and current engagement is our interaction with a public/private sector working group who review level of service and cost/revenue assumptions. For the current assignment, TischlerBise developed a Capital Impact Model and Study to address the impacts to the range of capital facilities Public Schools, Parks and Recreation, Sheriff, Fire and Rescue, Animal Protection, Library, General Government, Courts, and Environmental Services. Facility capacity triggers are programmed into the model to automatically calculate a development's impact if it were to exceed the County's capacity. Further detail was included into the model after meetings with a stakeholder's committee, Development Impact Model Oversight Committee. TischlerBise 7 Section 3: Work Plan and Schedule Project Approach The fiscal impact model TischlerBise is presently developing for COMPASS has to be designed to accommodate data and methodologies for a variety of jurisdictions of differing sizes and sophistication. As a result, this regional model will lack the level of detail and sophistication that a model we develop for the City of Eagle will offer. From a methodological perspective, the City of Eagle can go in two different directions. We can develop a pure case study -marginal fiscal impact model or a model that reflects incorporates an average cost -hybrid methodology. The discussion below will discuss the two approaches. As part of Task 1, we will discuss this further with City staff, as well as present examples of models with each methodology. The two most commonly used fiscal impact methodologies are the average cost and the case study - marginal approach. The average cost approach is the most popular and frequently used method for evaluating fiscal impacts. Since this approach focuses on the average cost per capita or in some cases, per capita and job, it doesn't consider the available capacities of existing capital facilities. In addition, it masks spatial relationships and the timing of additional facilities required to serve new growth. However, this approach does lend itself extremely well for evaluating specific development proposals and economic development/public incentives. This is because specific development proposals tend to be viewed in isolation, and depending on the size of the project, may not trigger required thresholds for capital facilities and/or "lumpy" operating costs under the case study -marginal approach. The case study -marginal methodology is the approach most reflective of fiscal reality. Utilizing the Fire Department as an example, the average cost approach would divide the expenditure for fire services by population and possibly employment to arrive at a figure, say $21 per person. This cost would occur regardless of any spatial distribution. The case study -marginal approach would reflect whether the Fire Department required additional space and apparatus to meet level of service times and responses. If new growth were primarily infill versus leap -frog development, the cost differential could be significant since in the former case there would be no additional cost for capital and associated personnel while in the latter case there might be a need for a new station with associated apparatus and personnel. As discussed above, depending on the size of the jurisdiction and the size of the specific project being evaluated, cost and facility thresholds may never be triggered. In response to the advantages and disadvantages of these two methodologies, TischlerBise has developed numerous fiscal impact models that utilize a hybrid of these two methodologies. In a nutshell, the average cost components of the model (particularly public safety, parks/recreation and public works elements) are developed so that there is an option to reflect whether the area being evaluated is greenfield versus infill, or whether sufficient capacity exists, and/or whether there are locational differences that should be accounted for (i.e., average response times or variations in trip lengths, etc.). This allows the model to utilize cost information but still account for spatial relationships. We also provide the ability to add "marginality" to the average cost components by allowing for an adjustment to account for fixed costs and revenues, which improves the accuracy of the analysis. In addition, TischlerBise develops these models to accept direct entry of marginal costing data for specific operating and capital costs. For example, if it is 8 Tischier use =rORCMIC known that a particular development will trigger the need for a community policing officer, the user can select to enter the entire cost of the position in a specific year. Model Design An important consideration relative to this assignment is the fact that all the fiscal and economic impact models developed by TischlerBise are developed from the ground up, with the specific needs and desires of the client considered before beginning the development of the application. This includes a thorough understanding of the types of the analyses the City of Eagle believes the model will be used for, as well as the intended audience. The fiscal impact model designed for this assignment will be developed in a user-friendly environment, using Microsoft Excel and Visual Basic. The result is a powerful and flexible application that allows the user to decide the level of detail, as well as sophistication, reflected in the model. Levels of service, cost data, funding terms and other similar factors, which define fiscal expenditures, can be easily modified and updated. The model structure is also transparent and will allow all users to clearly see the methodology, data, and algorithms utilized to verify the correct application of the data, thereby avoiding "black box" concerns. During the development of the fiscal impact model, likely users of the model will be surveyed for their input into the design of the model including user interface, worksheet design for individual departments, desired outputs, etc. Features that TischlerBise feels are essential to the success of the model designed for this assignment are discussed in turn. Since the models we develop contain proprietary information, we ask that Clients enter into a standard license agreement, the terms of which can be negotiated with the City. Essential features of a fiscal impact model designed for the City of Eagle are discussed below. Land Use/Scenario Inputs. Alternative growth scenarios and specific development projects are represented in the model by demographic projections, which can easily be substituted to test different alternatives. Inputs include projections of residential and nonresidential development, construction values, sales per square foot, and other demographic characteristics of new development. Base year demographic and demand base data is entered in this module as well. The numbers of land use categories and socioeconomic/demographic factors that can be entered into the model are virtually unlimited. The scenario inputs are then used by the model to calculate annual demand generators such as population, jobs, nonresidential building area, and income, as well as the annual and cumulative tax base increases for the scenario/project being analyzed. Infrastructure/Capital Facilities. Capital facilities and infrastructure needs can be factored in the model through a combination of ways. First, the user can elect to have the model forecast additional capital facility needs for the particular scenario/project being evaluated using predefined criteria for each category of facility. This can be done by the marginal consumption of the available facility capacity or by defining levels of service. The second option is for the user to input capital projects directly into the model. This is usually based on adopted capital improvement or facility master plans. A third option is a combination of both. Regardless of the selected approach, the user will be able to factor lag/lead time of construction, useful life of the improvement, and financing mechanisms. This module can also be designed to apply specific revenue streams to specific facility types, as well as provide information that can be used in exaction negotiations with prospective developers. Tlschl re gllse 9 Operating Costs. The fiscal impact model analyzes the impact of changes on the demand for services and programs and on future operating budgets. The model will be structured by department or program area, with the ability to reflect several layers of operating costs. For example, the parks department is likely to have program -related operating costs that are impacted by population growth, whereas other costs may be impacted by the incremental expansion of park facilities. Furthermore, it is desirable to separate growth -related staffing requirements that may be incurred at specific thresholds versus facility - related costs for mowing and maintenance. Revenues. The fiscal impact model will include both annual and one-time revenues. TischlerBise will determine the appropriate projection methodologies. In addition to standard General Fund revenue, the user will have the option of applying program -related revenues such as recreation fees against expenditures. Scope of Work The following scope of work provides detailed steps to ensure that the project is completed successfully. We have designed this work plan to be responsive to the City of Eagle and its needs. TASK 1: DEVELOPMENT OF MODEL PARAMETERS In this task, TischlerBise will work with City of Eagle staff to develop parameters that will guide the development and design of the Fiscal Impact Model. Discussion of Model Design. As part of the Project Initiation activities, TischlerBise will meet with relevant City staff to discuss several items. The first is agreement on the idealized structure, methodology and potential applications of the fiscal impact model. The second item for discussion relates to potential development projects and/or citywide land use scenario that will be used to develop and calibrate the model. TischlerBise recommends evaluating recent or proposed development projects. These real -world examples will ensure that the model has full capabilities as it is designed. Development of Land Use Profiles (Prototypes). To ensure the optimum inputs for the Fiscal Impact Model, TischlerBise will develop specific assumptions for various land use types that may be evaluated as part of development projects. For residential land uses (e.g., single-family detached versus multifamily), these factors include person per household, student generation rates, lot size, street frontage, vehicle trip and trip adjustment factors, average trip length, construction values, income, and discretionary spending. From a nonresidential perspective this will include employment densities, vehicle trip generation rates and adjustment factors, trip lengths, street frontage, etc. These factors will serve to refine the costs and revenue factors by geographic location. For example, the amount of residential street frontage added to the City's roadway network is likely to be Tess per unit as density increases. Our team will work with City staff to formulate criteria (land use character, development intensity, potential for intensification, etc.) to be used to delineate potential geographic service areas for the Fiscal Impact Model. This will allow for meaningful comparison of service and infrastructure costs relative to the geographic location of development. For example, the model will be able to distinguish between assessed 1 o TischlerBise =ISGssL ECO«OP11G r r a values, density, development character, trip lengths and many more variables. Otherwise, land use types will have to be treated homogenously for the City. TASK 2: DEVELOPMENT OF LEVEL OF SERVICE, COST & REVENUE FACTOR DOCUMENT TischlerBise will review budget documents (annual budget, capital improvement plans, CAFRs) for the City. As part of this Task, we will determine the fixed, variable, and semi -variable operating and capital costs for all relevant services and facilities. We will also determine levels of service for each department or service and determine the service relationship to each land use type in terms of costs and revenue factors. Information obtained during this Task will be prepared in a Level of Service and Cost/Revenue Factor Document. This document will show the different cost components for the various service providers, including both facility and non -facility related operating expenses, methodologies for forecasting future capital facility needs, associated operating expenses, and discussions of current versus preferred levels of service where appropriate. TASK 3: DEVELOP FISCAL IMPACT MODEL We will develop the Fiscal Impact Model for the City of Eagle to reflect the existing development base, current budget data, level of service assumptions, and capital facility inventories and costs as determined from the previous tasks. The model will include all information relative to land use profiles, geographic service areas assumptions, etc. The models will also reflect cost/revenue projection methodologies as mutually agreed upon with City staff as part of the previous task. TASK 4: IMPLEMENT FISCAL IMPACT MODEL User Documentation. TischlerBise will provide Model User Documentation that will include a training manual that discusses the use and technical aspects of the model. This will include a discussion of the different cost methodologies the various service providers, including both facility and non -facility related operating expenses, methodologies for forecasting future capital facility needs, and associated operating expenses. Implementation. In this subtask, TischlerBise will conduct two onsite training sessions with appropriate City staff. In the first training session, staff will be trained on the structure of the model, data inputs, how to incorporate different methodologies/demand factors, and how to develop additional modules. A second training session will be provided at a mutually agreed upon time. The focus of these sessions will be to encourage various "hands on" applications and to answer questions. TischlerBiserBise EC +OP t a4 20,4 tis Project Schedule The following table provides our proposed project schedule for this assignment. Assuming an early January start date, we estimate a four month schedule. PROJECT SCHEDULE FOR FISCAL IMPACT ANALYSIS MODEL Task 1: Development of Model Parameters Task 2; Development of LOS, Cost & Revenue Factors/Document Task 3: Develop Fiscal Impact Model Task 4: Implement Fiscal Impact Model 'Some meetings are assumed to overlap with other Task meetings January, 2020 1 Technical Memorandum Discussing Land Use Profiles for the Fiscal Impact Model. January -February, 2020 2 Technical Document Outlining Level ofServiceand Cost/Revenue Projection Methodologies February- March, 2020 1 March -April, 2020 2 Final Fiscal Impact Model and User's Manual Section 4: Project Budget Draft Fiscal Impact Model The following figure provides our fixed fee cost proposal that reflects hours for each team member, as well as the hourly rates. PROPOSED COST FOR CITY OF EAGLE FISCAL IMPACT ANALYSIS MODEL Project Team Member: Bise Herlands McAweeney Total Hourly Rate* $210 $195 $180 Hours Cost Task 1: Development of Model Parameters 16 0 16 32 $6,240 Task 2: Development of LOS, Cost & Revenue Factors/Document 16 24 32 72 $13,800 Task 3: Develop Fiscal Impact Model 24 16 40 80 $15,360 Task 4: Implement Fiscal Impact Model 16 24 0 40 $8,040 Expenses: $4,600 Total Cost: 72 64 88 224 $48,040 12 TischlerBise -FSCAL :.::CNoMIr. TischlerBise FISCAL I ECONOMIC I PLANNING Principal Office 4701 Sangamore Road, Suite S240 1 Bethesda, MD 20816 301.320.6900 x12 (w) 301.320.4860 (f) carson@tischlerbise.com TischlerBise FISCAL ECONOMIC I PLANNING Exhibit C Modified Timeline t _ Proposal for Fiscal Impact Analysis and Tool City of Eagle, Idaho Exhibit C Modified Timeline Table of Contents Section 1: Cover Letter 1 Section 2: Qualifications and Expertise 2 Section 3: Work Plan and Schedule 8 Section 4: Project Budget 12 Trschl re Bise la. Section 1: Cover Letter December 3, 2019 Ms. Nichoel Baird Spencer, Planner III City of Eagle 660 East Civic Lane Eagle, Idaho 83616 RE: Proposal for Fiscal Impact Analysis and Tool Ms. Spencer, TischlerBise is pleased to submit the enclosed proposal to provide a Fiscal Impact Analysis Tool for the City of Eagle. In summary, we feel that our firm brings several distinct advantages to the process of handling this important assignment: • No other firm has the depth of experience that TischlerBise brings to this assignment. TischlerBise is the nation's leading fiscal/economic impact, impact fee, and infrastructure financing consulting firm. We have completed over 900 fiscal impact studies across the country —more than any other firm. • TischlerBise has successfully prepared and assisted with the implementation of over twenty fiscal impact models over the five years, all of which are similar in complexity and scale to this assignment. Additionally, since TischlerBise was the firm selected by COMPASS to develop a similar fiscal tool, the City is assured there will be seamless interface and integration into that larger work effort. ■ TischlerBise's project team for this assignment is comprised of two nationally recognized experts in the area of fiscal impact analysis. Carson Bise, who will serve as Project Manager for this assignment, has developed and implemented more fiscal impact models than any planner in the country and is widely regarded as the leading national practitioner in the field. We look forward to the possibility of working with the City and are committed to providing cost-effective, high -quality support for this assignment. Sincerely, L. Carson Bise II, AICP, President TischlerBise 4701 Sangamore Road S240 301.320.6900 x12 carson@tischlerbise.com Tischie Bise Section 2: Qualifications and Expertise Firm Experience TischlerBise, Inc., was founded in 1977 as Tischler, Montasser & Associates. The firm became Tischler & Associates, Inc., in 1980 and TischlerBise, Inc., in 2005. The firm is a Subchapter (S) corporation, is incorporated in Washington, D.C., and maintains offices in Bethesda, Maryland, with a Boise office opening in the Spring of 2020. TischlerBise is a fiscal, economic, and planning consulting firm specializing in fiscal/economic impact analysis, impact fees, market feasibility, infrastructure financing studies and related revenue strategies. Our firm has been providing consulting services to public agencies for over thirty years. In this time, we have prepared over 900 fiscal/economic impact evaluations and over 1,000 impact fee/infrastructure financing studies — more than any other firm. Through our detailed approach, proven methodology, and comprehensive product, we have established TischlerBise as the leading national expert on revenue enhancement and cost of growth strategies. The graphic depicts our vast fiscal/economic impact experience with clients nationwide. As our proposal demonstrates, no other firm can match the depth of our experience in the area of local government fiscal impact analysis and model development. Our Principal in Charge, Carson Bise, AICP, is widely considered the leading national fiscal impact practitioner in the United States. The core services provided by TischlerBise all involve: c, eriir • Determining existing and projected residential and nonresidential growth for 10-, 20-, and 30—year periods • An examination of local government budgets to determine fixed and variable costs and revenues as well as the true costs of service ■ Evaluations of departmental operating structures and determination of existing levels of service as well as the most appropriate method of projecting future costs (including staff) and revenues • Developing meaningful and realistic capital improvement plans • Determining the fiscal impacts of different land uses and physical forms • Evaluation of alternative revenue sources and financing mechanisms for achieving fiscal sustainability ■ Developing user friendly fiscal software ■ Presenting fiscal/economic findings in a variety of forums • Evaluation of zoning and land use policies from a market perspective for consistency with stated fiscal and economic goals TischlerBise ■ Providing recommendations to ensure fiscal/economic sustainability Idaho Experience An important factorto consider related to this work effort is our previous experience in the State of Idaho, which makes us quite familiar with the local government revenue structure, as well as the planning issues facing Idaho and Ada County jurisdictions. A listing of our previous fiscal and economic impact clients in Idaho is provided below. State of Idaho Boise Hailey Nampa Sandpoint Canyon County Hayden Payette Treasure Valley Partnership COMPASS Kellogg Post Falls Victor Project Personnel Qualifications Our TischlerBise project team has successfully implemented numerous fiscal impact models for many communities similar in complexity and scale to this assignment. The majority of assignments included understanding local and regional context and evaluating multiple scenarios reflecting differences in absorption and phasing, geographic service areas, variations in levels of service, infrastructure life cycle costs, and density and physical development patterns, all of which affect the factors used in development of the fiscal impact model for this assignment. The organizational chart shows our project team for this assig nment. City of Eagle 1 Carson Bise. AICP Project Manager 1 Julie Herlands, AICP Principal Analyst Colin McAweeney ProjectAnalyst TischlerBise 3 .41111111111111 1 rl . Detailed discussion of each team member's qualifications is discussed below. L. Carson Bise, II, AICP, President Carson Bise has 29 year of fiscal, economic and planning experience and has conducted fiscal and infrastructure finance evaluations in 39 states. Mr. Bise has developed and implemented more fiscal impact models than any consultant in the country. The applications which Mr. Bise has developed have been used for evaluating multiple land use scenarios, specific development projects, annexations, urban service provision, tax - increment financing, and concurrency/adequate public facilities monitoring. Mr. Bise is also a leading national figure in the calculation of impact fees, having completed over 350 impact fee studies. Mr. Bise has also written and lectured extensively on fiscal impact analysis and infrastructure financing. His most recent publications are Next Generation Transportation Impact Fees and Fiscal Impact Analysis: Methodologies for Planners, both published by the American Planning Association, a chapter on fiscal impact analysis in the book Planning and Urban Design Standards, also published by the American Planning Association, and the ICMA IQ Report, Fiscal Impact Analysis: How Today's Decisions Affect Tomorrow's Budgets. Mr. Bise was also the principal author of the fiscal impact analysis component for the Atlanta Regional Commission's Smart Growth Toolkit and is featured in the recently released AICP CD-ROM Training Package entitled The Economics of Density. Mr. Bise is currently on the Board of Directors of the Growth and Infrastructure Finance Consortium and recently Chaired the American Planning Association's Paying for Growth Task Force. He was also recently named an Affiliate of the National Center for Smart Growth Research & Education. EDUCATION M.B.A., Economics, Shenandoah University B.S., Geography/Urban Planning, East Tennessee State University B.S., Political Science/Urban Studies, East Tennessee State University Julie Herlands, AICP, Vice President Julie Herlands is Vice President with TischlerBise and has fifteen years of planning, fiscal, and economic development experience. Prior to joining TischlerBise, Ms. Herlands worked in the public sector in Fairfax County, Virginia, for the Office of Community Revitalization and for the private sector for the International Economic Development Council (IEDC) in their Advisory Services and Research Department. For IEDC, she conducted a number of consulting projects including economic and market feasibility analyses and economic development assessments and plans. Her economic and fiscal impact experience includes a wide -range of assignments in over fifteen states. She is a frequent presenter at national and regional conferences including serving as co-organizer and co -presenter at a half -day AICP Training Workshop entitled Fiscal Impact Assessment at the APA National Planning Conference. A session on impact fees and cash proffers presented at the APA National Conference is available through the APA training series, Best of Contemporary Community Planning 2005. She is the immediate past Chair of the Economic 4 Tischer ise • Development Division of the APA and chaired the APA Task Force on Planning and Economic Development. EDUCATION Masters of Community Planning, University of Maryland B.A., Political Science, University of Buffalo Colin McAweeney, Fiscal and Economic Analyst Colin McAweeney is a Fiscal and Economic Analyst at TischlerBise with specialties in finance and economic development planning. Mr. McAweeney specializes in preparing fiscal and economic impact analyses, as well as developing fiscal software. Mr. McAweeney has conducted fiscal and economic evaluations in over 10 different states. Prior to joining TischlerBise, Mr. McAweeney completed his M.S. at Erasmus University Rotterdam where he specialized in economic development. Here, Mr. McAweeney became knowledgeable in planning that involves fiscal, social, and environmental sustainability. In Rotterdam, Mr. McAweeney conducted several field studies of local at -risk neighborhoods and presented planning solutions to city leaders. Additionally, he brought together a team of academics and consultants to plan a biking corridor in Kenya. He finished his degree with a thesis surrounding the urban aspects that attract investment. Before pursuing his M.S., Mr. McAweeney worked in the finance sector for several years. While performing at a high level, he was able to become very familiar with financial markets and business financing. EDUCATION M.S., Urban Management and Development, Erasmus University Rotterdam B.S., Economics with an emphasis on Mathematics, University of Wisconsin - Madison Relevant Project Examples Below are references of work performed for local governments and projects that involved substantial technical assistance with the client and others. We have listed only projects with which our Project Team members were associated. City of Fairfax, Virginia — Fiscal Impact Models (2016) Project Contact: Nicole Hange, Economic Development Director Phone: (703) 385-7851 Email: nicole.hange@fairfax.gov Project Staff: Carson Bise, Principal in Charge; Julie Herlands, Project Manager TischlerBise developed two fiscal impact models for the City of Fairfax. The City desired a tool capable of to conduct fiscal evaluations for specific development projects, as well as to evaluate municipal - wide scenarios. It has been our experience that it is extremely difficult to develop one model that does both types of analyses well. Therefore, we developed two distinct models for the City to be used for different purposes —a Development Project Fiscal Impact Model and a Citywide Fiscal Impact Model. The models were calibrated appropriately with the Project Model calibrated with recent development projects and the Citywide model was calibrated to long-term growth scenarios. The assignment included detailed TischlerBise 5 analyses to establish current demand assumptions (e.g., student generation rates, household sizes, property valuations, and demand for public safety services), operating and capital impacts, as well as an economic impact module. City of Falls Church, Virginia — Fiscal Impact Model (2018) Project Contact: Becky Witsman, Economic Development Division Chief Phone: (703) 248-5224 E-mail: bwitsman@fallschurchva.gov Project Staff: Carson Bise, Principal in Charge; Julie Herlands, Project Manager Dates of Service (Separate Engagements): 2003; 2008, 2011; 2014, 2016, 2018 TischlerBise developed the Fiscal Impact Model used by the City of Falls Church to evaluate new development proposals. TischlerBise developed the first model for the City over a dozen years ago, has conducted several periodic updates in the interim, and has just recently updated and expanded the model for 2018. The model is an average cost/case study marginal hybrid fiscal model that is used by the City's Economic Development Department to test development programs particularly for mixed use projects. Most recently, TischlerBise expanded the model to include a more robust capital module as well as revised methodologies forsome revenue categories based on new and better data availability. The City's fiscal model has the capability to test a wide range of residential and nonresidential land uses, which have been modified and expanded in the recent update, to keep up with the ever -changing types of development being proposed in the City. As a small City that funds its school system through property taxes, the City's goal is to ensure that redevelopment generates sufficient revenues to cover the resulting costs while maintaining current levels of service. City of Georgetown, Texas — Fiscal Impact Models (2017-2018) Contact: Wayne Reed, Assistant City Manager Phone: (512) 819-3118 E-mail: wayne.reed@georgetown.org Personnel: Carson Bise, Principal in Charge; Julie Herlands, Project Manager Dates of Service: February 2017-February 2018 The City of Georgetown, Texas, retained TischlerBise to develop two Fiscal Impact Models: One to evaluate Development Proposals and the other to evaluate Citywide Growth scenarios. TischlerBise worked in close collaboration with the City to deliver flexible yet structured Fiscal Impact Models. The City is a fast-growing area outside the City of Austin and had two separate needs and desires: 1. To analyze a range of development proposals on a case -by -case basis to test alternative scenarios: Addressed with the Project Level Fiscal Impact Model. 2. To utilize for longer -term planning analyses, such as their upcoming Comprehensive Plan update: Addressed with the Citywide Fiscal Impact Model. 6 TtschlerBise The Citywide Fiscal Impact Model was developed using sub -geographies using a case -study marginal approach. The Project Level Fiscal Impact Model uses the marginal findings as the foundation with modifications to allocate costs to the project under study. The Project Level Model provides a custom - designed user input page that uses dropdown menus and default values but also allows the user to override those values temporarily. Color coding provides visual cues for the user where default values have been overridden (blue) and where user input is still needed (red). Type of units Total number of units Numberof Numberof units Start Year Land Use Type Taxable value Years to Build absorbed each Out [dropdown] [dropdown] year [calculated] per unit Single-family Detached Starter (SFDS) 100 1.0 1 Single Family 100.0- Single-family Detached Middle (SFDM) 25 0.0 n/a Single Family 0.0 $420,000 Single-family Detached Estate (SFDE) 0 0.0 n/a Single Family 0.0 $495,000 Single-family Detached Age Restricted (SFDAR) 0 0.0 n/a Single Family 0.0 $273,000 Single-family Attached/Condos 0 0.0 n/a Single Family 0.0 $220,000 Multi -family 0 0.0 n/a Multifamily 0.0 $155,000 The Project Level Fiscal Impact Model is currently being used by the City to evaluate development projects to report findings to City Council. The Citywide Fiscal Impact Model is anticipated to be used in summer/fall 2019 during the update of the City's Comprehensive Plan, as was intended when the model was scoped and developed. Frederick County, Virginia — Capital Impact Study and Model Project Contact: Mike Ruddy, Director of Planning Phone: (540) 665-5651 Email: mruddy@fcva.us Dates of Performance: 2003; 2008; 2018-19 TischlerBise recently completed development of a Capital Impact Model and Study to allow County staff to evaluate rezoning applications for impacts on capital facilities. This Model is a modification and update to an existing Fiscal Impact Model that TischlerBise had developed (with frequent updates)forthe Winchester - Frederick County Economic Development Commission. A key feature of our previous and current engagement is our interaction with a public/private sector working group who review level of service and cost/revenue assumptions. For the current assignment, TischlerBise developed a Capital Impact Model and Study to address the impacts to the range of capital facilities Public Schools, Parks and Recreation, Sheriff, Fire and Rescue, Animal Protection, Library, General Government, Courts, and Environmental Services. Facility capacity triggers are programmed into the model to automatically calculate a development's impact if it were to exceed the County's capacity. Further detail was included into the model after meetings with a stakeholder's committee, Development Impact Model Oversight Committee. Tischle ise 7 Section 3: Work Plan and Schedule Project Approach The fiscal impact model TischlerBise is presently developing for COMPASS has to be designed to accommodate data and methodologies fora variety of jurisdictions of differing sizes and sophistication. As a result, this regional model will lack the level of detail and sophistication that a model we develop for the City of Eagle will offer. From a methodological perspective, the City of Eagle can go in two different directions. We can develop a pure case study -marginal fiscal impact model or a model that reflects incorporates an average cost -hybrid methodology. The discussion below will discuss the two approaches. As part of Task 1, we will discuss this further with City staff, as well as present examples of models with each methodology. The two most commonly used fiscal impact methodologies are the average cost and the case study - marginal approach. The average cost approach is the most popular and frequently used method for evaluating fiscal impacts. Since this approach focuses on the average cost per capita or in some cases, per capita and job, it doesn't consider the available capacities of existing capital facilities. In addition, it masks spatial relationships and the timing of additional facilities required to serve new growth. However, this approach does lend itself extremely well for evaluating specific development proposals and economic development/public incentives. This is because specific development proposals tend to be viewed in isolation, and depending on the size of the project, may not trigger required thresholds for capital facilities and/or "lumpy" operating costs under the case study -marginal approach. The case study -marginal methodology is the approach most reflective of fiscal reality. Utilizing the Fire Department as an example, the average cost approach would divide the expenditure for fire services by population and possibly employment to arrive at a figure, say $21 per person. This cost would occur regardless of any spatial distribution. The case study -marginal approach would reflect whether the Fire Department required additional space and apparatus to meet level of service times and responses. If new growth were primarily infill versus leap -frog development, the cost differential could be significant since in the former case there would be no additional cost for capital and associated personnel while in the latter case there might be a need fora new station with associated apparatus and personnel. As discussed above, depending on the size of the jurisdiction and the size of the specific project being evaluated, cost and facility thresholds may never be triggered. In response to the advantages and disadvantages of these two methodologies, TischlerBise has developed numerous fiscal impact models that utilize a hybrid of these two methodologies. In a nutshell, the average cost components of the model (particularly public safety, parks/recreation and public works elements) are developed so that there is an option to reflect whether the area being evaluated is greenfield versus infill, or whether sufficient capacity exists, and/or whether there are locational differences that should be accounted for (i.e., average response times or variations in trip lengths, etc.). This allows the model to utilize cost information but still account for spatial relationships. We also provide the ability to add "marginality" to the average cost components by allowing for an adjustment to account for fixed costs and revenues, which improves the accuracy of the analysis. In addition, TischlerBise develops these models to accept direct entry of marginal costing data for specific operating and capital costs. For example, if it is 8 Tisch! re Rise known that a particular development will trigger the need for a community policing officer, the user can select to enter the entire cost of the position in a specific year. Model Design An important consideration relative to this assignment is the fact that all the fiscal and economic impact models developed by TischlerBise are developed from the ground up, with the specific needs and desires of the client considered before beginning the development of the application. This includes a thorough understanding of the types of the analyses the City of Eagle believes the model will be used for, as well as the intended audience. The fiscal impact model designed for this assignment will be developed in a user-friendly environment, using Microsoft Excel and Visual Basic. The result is a powerful and flexible application that allows the user to decide the level of detail, as well as sophistication, reflected in the model. Levels of service, cost data, funding terms and other similar factors, which define fiscal expenditures, can be easily modified and updated. The model structure is also transparent and will allow all users to clearly see the methodology, data, and algorithms utilized to verify the correct application of the data, thereby avoiding "black box" concerns. During the development of the fiscal impact model, likely users of the model will be surveyed for their input into the design of the model including user interface, worksheet design for individual departments, desired outputs, etc. Features that TischlerBise feels are essential to the success of the model designed for this assignment are discussed in turn. Since the models we develop contain proprietary information, we ask that Clients enter into a standard license agreement, the terms of which can be negotiated with the City. Essential features of a fiscal impact model designed for the City of Eagle are discussed below. Land Use/Scenario Inputs. Alternative growth scenarios and specific development projects are represented in the model by demographic projections, which can easily be substituted to test different alternatives. Inputs include projections of residential and nonresidential development, construction values, sales per square foot, and other demographic characteristics of new development. Base year demographic and demand base data is entered in this module as well. The numbers of land use categories and socioeconomic/demographic factors that can be entered into the model are virtually unlimited. The scenario inputs are then used by the model to calculate annual demand generators such as population, jobs, nonresidential building area, and income, as well as the annual and cumulative tax base increases for the scenario/project being analyzed. Infrastructure/Capital Facilities. Capital facilities and infrastructure needs can be factored in the model through a combination of ways. First, the user can elect to have the model forecast additional capital facility needs for the particular scenario/project being evaluated using predefined criteria for each category of facility. This can be done by the marginal consumption of the available facility capacity or by defining levels of service. The second option is for the user to input capital projects directly into the model. This is usually based on adopted capital improvement or facility master plans. A third option is a combination of both. Regardless of the selected approach, the user will be able to factor lag/lead time of construction, useful life of the improvement, and financing mechanisms. This module can also be designed to apply specific revenue streams to specific facility types, as well as provide information that can be used in exaction negotiations with prospective developers. TischlerBise 9 Operating Costs. The fiscal impact model analyzes the impact of changes on the demand for services and programs and on future operating budgets. The model will be structured by department or program area, with the ability to reflect several layers of operating costs. For example, the parks department is likely to have program -related operating costs that are impacted by population growth, whereas other costs may be impacted by the incremental expansion of park facilities. Furthermore, it is desirable to separate growth -related staffing requirements that may be incurred at specific thresholds versus facility - related costs for mowing and maintenance. Revenues. The fiscal impact model will include both annual and one-time revenues. TischlerBise will determine the appropriate projection methodologies. In addition to standard General Fund revenue, the user will have the option of applying program -related revenues such as recreation fees against expenditures. Scope of Work The following scope of work provides detailed steps to ensure that the project is completed successfully. We have designed this work plan to be responsive to the City of Eagle and its needs. TASK 1: DEVELOPMENT OF MODEL PARAMETERS In this task, TischlerBise will work with City of Eagle staff to develop parameters that will guide the development and design of the Fiscal Impact Model. Discussion of Model Design. As part of the Project Initiation activities, TischlerBise will meet with relevant City staff to discuss several items. The first is agreement on the idealized structure, methodology and potential applications of the fiscal impact model. The second item for discussion relates to potential development projects and/orcitywide land use scenario that will be used to develop and calibrate the model. TischlerBise recommends evaluating recent or proposed development projects. These real -world examples will ensure that the model has full capabilities as it is designed. Development of Land Use Profiles (Prototypes). To ensure the optimum inputs for the Fiscal Impact Model, TischlerBise will develop specific assumptions for various land use types that may be evaluated as part of development projects. For residential land uses (e.g., single-family detached versus multifamily), these factors include person per household, student generation rates, lot size, street frontage, vehicle trip and trip adjustment factors, average trip length, construction values, income, and discretionary spending. From a nonresidential perspective this will include employment densities, vehicle trip generation rates and adjustment factors, trip lengths, street frontage, etc. These factors will serve to refine the costs and revenue factors by geographic location. For example, the amount of residential street frontage added to the City's roadway network is likely to be less per unit as density increases. Our team will work with City staff to formulate criteria (land use character, development intensity, potential for intensification, etc.) to be used to delineate potential geographic service areas for the Fiscal Impact Model. This will allow for meaningful comparison of service and infrastructure costs relative to the geographic location of development. For example, the model will be able to distinguish between assessed 1 o TischlerBise values, density, development character, trip lengths and many more variables. Otherwise, land use types will have to be treated homogenously forthe City. TASK 2: DEVELOPMENT OF LEVEL OF SERVICE, COST & REVENUE FACTOR DOCUMENT TischlerBise will review budget documents (annual budget, capital improvement plans, CAFRs) forthe City. As part of this Task, we will determine the fixed, variable, and semi -variable operating and capital costs for all relevant services and facilities. We will also determine levels of service for each department or service and determine the service relationship to each land use type in terms of costs and revenue factors. Information obtained during this Task will be prepared in a Level of Service and Cost/Revenue Factor Document. This document will show the different cost components for the various service providers, including both facility and non -facility related operating expenses, methodologies for forecasting future capital facility needs, associated operating expenses, and discussions of current versus preferred levels of service where appropriate. TASK 3: DEVELOP FISCAL IMPACT MODEL We will develop the Fiscal Impact Model forthe City of Eagle to reflect the existing development base, current budget data, level of service assumptions, and capital facility inventories and costs as determined from the previous tasks. The model will include all information relative to land use profiles, geographic service areas assumptions, etc. The models will also reflect cost/revenue projection methodologies as mutually agreed upon with City staff as part of the previous task. TASK 4: IMPLEMENT FISCAL IMPACT MODEL User Documentation. TischlerBise will provide Model User Documentation that will include a training manual that discusses the use and technical aspects of the model. This will include a discussion of the different cost methodologies the various service providers, including both facility and non -facility related operating expenses, methodologies for forecasting future capital facility needs, and associated operating expenses. Implementation. In this subtask, TischlerBise will conduct two onsite training sessions with appropriate City staff. In the first training session, staff will be trained on the structure of the model, data inputs, how to incorporate different methodologies/demand factors, and how to develop additional modules. A second training session will be provided at a mutually agreed upon time. The focus of these sessions will be to encourage various "hands on" applications and to answer questions. TischlerBise 11 fir.. 1 /J. Project Schedule The following table provides our proposed project schedule for this assignment. Assuming an early February start date, we estimate a four month schedule. PROJECT SCHEDULE FOR FISCAL DAPACT ANALYSIS MODEL An+Iraciated Timelrame Meetings I delWprdble Task 1: Development al Model Parameters Task 2: Development of LOS, Cost t Revenue Factors/Document Task 3: Develop Fiscal Impact Model February, 2020 February -March, 2020 1 2 Mach -April, 2020 1 Technical Memorandum Discussing Land ItseProfiles for the Fiscal Impact Model_ Technical [taco meat n.t4ni.:-...Level Senrke and Cost/Revenue Projection Methodologies Draft fiscal Impact Model Task 4: Implement Find Impact Model April -May, 2020 2 Final Fiscal Impact Model and User's Manual ..a...a...a.�.-.���-.a:Z.,overlap vrdhotherTaskmedings Section 4: Project Budget The following figure provides our fixed fee cost proposal that reflects hours for each team member, as well as the hourly rates. PROPOSED COST FOR CITY OF EAGLE FISCAL IMPACT ANALYSIS MODEL Project Team Member: Bise Herfands McAweeney Total Hourly Rate* $210 $195 $180 Hours Cost Task 1: Development of Model Parameters 16 0 16 32 $6,240 Task 2: Development of LOS, Cost & Revenue Factors/Document 16 24 32 72 $13,800 Task 3: Develop Fiscal impact Model 24 16 40 80 $15,360 Task 4: Implement Fiscal impact Model 16 24 0 40 $8,040 Expenses: $4,600 Total Co:st72 64 88 224 $48,040 I 12 Tisch reschl re BEse TischlerBise FISCAL I ECONOMIC I PLANNING Principal Office 4701 Sangamore Road, Suite S240 I Bethesda, MD 20816 301.320.6900 x12 (w) 1301.320.4860 (f) 1 carson@tischterbise.com FISCALS Licensing Agreement Between TischlerBise, Inc. and The City of Eagle, Idaho AGREEMENT made as of January 14. 2020 by and between TischlerBise, Inc. a corporation organized and existing under the laws of the District of Columbia, the principal office of which is located at 4701 Sangamore Road, Suite S240, Bethesda, Maryland 20816 (hereinafter referred to as "TischlerBise"), and the City of Eagle, Idaho, an independent political subdivision of the State of Idaho. (hereinafter referred to as "Customer"). RECITALS A. TischlerBise is owner of the customized computer program known as the Fiscal Impact Calculation System (hereinafter referred to as FISCALS) that is constructed for each individua I client's needs. B. TischlerBise is authorized to sublicense FISCALS for the use of the Customer. C. Customer is interested in becoming a sublicensee for FISCALS, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual undertakings set forth below, the parties agree as follows: 1. Subject to the condition precedent set forth in Paragraph 3 below, TischlerBise shall grant Customer a non-exclusive and non -transferable perpetual license to use the computer program known as FISCALS. In conjunction with this license, TischlerBise shall provide to Customer the following: a. Two licenses for the FISCALS model designed for the City of Eagle, Idaho. 2. TischlerBise shall correct errors or malfunctions in the FISCALS program that are brought to its attention in writing by Customer. Written notification by Customer shall specify the ma nner in which the FISCALS program does not perform fiscal impact analysis associated with the review of development projects. In the event that, after investigation, it is determined by TischlerBise that the reported error or malfunction was not caused by a defect in the FISCALS program, TischlerBise may charge Customer at TischlerBise's regular daily rate for time spent by it in investigating the alleged error or malfunction. 1 3. All marketing and distribution rights in FISCALS are reserved by TischlerBise. TischlerBise authorizes Customer to use FISCALS for its own normal activities and not for distribution to or use by others, provided that any such copy shall retain the same notice concerning the copyright by TischlerBise, Inc. with full rights for distribution held by TischlerBise. Customer agrees not to provide or otherwise make available FISCALS in any form to any person other than personnel of Customer. Customer shall be exclusively responsible for the supervision, management and control of the use of FISCALS delivered pursuant to this Agreement. Customer also agrees that it will take appropriate action, by instruction, agreement, or otherwise, with its employees, to satisfy its obligation under this Agreement with respect to use, copy, modification, protection and security of FISCALS. Customer also agrees that only its employees and agents are specifically authorized to use FISCALS. /1 TiorhlorQico. .++r+6. ++L.., FISCALS ,..J and developed _.J L... TischlerBise _..n: z. TischlerBise ..I Bice warrants that the 1 ISCALS program was conceived al ld developed by 1 IsLI llel DIJC and that the FISCALS program does not infringe any copyright, trade secret or trademark. TischlerBise also makes the following representations and warranties concerning the capabilities and performance of FISCALS: a. The program can provide a methodology that facilitates data gathering for conducting a fiscal impact analysis for the review of development projects. TischlerBise makes no other representations or warranties concerning the performance of FISCALS. TischlerBise shall not be liable to Customer or anyone claiming through Customer i n contract or in tort (including negligence). 5. TischlerBise shall not be liable for any Toss, damage, detention, or delay resulting from causes beyond its reasonable control, or from fire, strike, or other concerted action of workmen, act or omission of any government authority or of the Customer, insurrection or riot, embargo, materials shortage, car wreck, or delay in transportation, or inability to obtain necessary labor, materials, or equipment from usual sources. In the event of delay in performance due to any such cause, the date of such performance shall be postponed by such length of time as may be reasonably necessary to compensate for the delay. 6. Customer shall not, without the prior written consent of TischlerBise, assign or transfer this Agreement or permit the use of the FISCALS program or any materials furnished under this Agreement by any persons other than those in Customer's direct employment and subject to its direct supervision. 7. Customer acknowledges that the FISCALS program and proprietary rights to any materials supplied to Customer by TischlerBise pursuant to this Agreement are, and at all times shall remain, the property of TischlerBise, and Customer shall have no right, title or interest therein, except as expressly set forth in this Agreement. Customer is authorized two (2) site licenses of the City of Eagle FISCALS model for use on its own computer. Customer will keep a record of which of its computers the program resides. Customer shall indemnify TischlerBise for any loss in revenues resulting in the unauthorized use or reproduction of FISCALS. 2 8. Customer shall not, without prior written consent of TischlerBise, assign or transfer this Agreement or permit the use of FISCALS or any materials furnished under this Agreement by any persons other than those in Customer's direct employment and subject to its direct supervision. 8. Customer agrees that any modification to the FISCALS program developed by Customer with any advice or support by TischlerBise, or by TischlerBise for Customer, whether or not reimbursed by Customer and whether or not developed in conjunction with Customer's employees or agents, shall be exclusive property of TischlerBise. Customer further agrees that modified versions of the FISCALS program do not constitute a program different from the FISCALS program and, as such, fall under the terms and conditions of this Agreement. 9. This Agreement shall be governed by and construed under the laws of the State of Idaho. 10. This is the entire Agreement between the parties with respect to the subject matter except for the contract entered in between TischlerBise and Customer on January 14, 2020. There are no other understandings, agreements, representations, or warranties, expressed or implied, respecting this Agreement and the services provided hereunder. This Agreement may be modified only by written amendment, signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ATTEST: TISCHLERBISE, INC. By: L. Carson Bise II City of Eagle, Idaho . By: Stan Ridgeway, Mayor 3