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40KANSO'S
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 257-23
File Number: 2023-1264
MGT CONSULTING (PARK IMPACT FEE STUDY):
A RESOLUTION TO AUTHORIZE A CONTRACT WITH MGT CONSULTING, PURSUANT TO RFP 23-15, IN
THE AMOUNT OF $48,325.00 TO CONDUCT A PARK IMPACT FEE STUDY, AND TO APPROVE A PROJECT
CONTINGENCY IN THE AMOUNT OF $5,000.00
WHEREAS, in 1981, the City enacted the first Park Land Dedication Ordinance; and
WHEREAS, most land dedicated to the city through the ordinance is undevelopable land such as floodplain, small
parcels, or in locations where park land is not needed and of little recreational value; and
WHEREAS, major changes to the Park Land Dedication Ordinance require a comprehensive study that must comply
with Ark. Code Ann. § 14-56-103.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a
contract with MGT Consulting, pursuant to RFP 23-15, in the amount of $48,325.00 to conduct a Park Impact Fee
study, and further approves a project contingency in the amount of $5,000.00.
PASSED and APPROVED on November 21, 2023
Page 1
Attest:
1111i
Aa
Kara Paxton, City Cl Treasurer _
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 21, 2023
CITY COUNCIL MEMO
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs
FROM: Ted Jack, Park Planning Superintendent
DATE:
SUBJECT: Hiring a consultant to work on a Park Impact Fee Study
RECOMMENDATION:
2023-1264
Staff recommends hiring MGT Consulting (RFP #23-15) to conduct a Park Impact Fee study for a fee of
$48,325.00 and to set a project contingency of $5,000.00.
BACKGROUND:
The current Park Land Dedication Ordinance was enacted in 1981 (Ord #2695). At that time, the city had few
parks and a lot of open space, and the ordinance brought in valuable park land. As the city grew denser, the
ordinance became less effective. Today, most land dedicated to the city through the ordinance is
undevelopable land such as floodplain and small parcels, often in locations where park land is not needed and
sometimes of little recreational value. The existing ordinance was grandfathered into Arkansas Code in 2003,
and to make major changes requires a comprehensive study that must result in an ordinance that is compliant
with Arkansas Code 14-56-103. MGT was selected through standard selection processes in RFP 23-15.
DISCUSSION:
Staff believes it would be beneficial to move to a park impact fee ordinance similar to the city of Bentonville.
This would allow greater flexibility in how we acquire new land and what land we acquire for the park system.
This is needed because park needs have become more specific over time, such as needing land to fill gaps in
service areas and needing land that is suitable for specific recreational amenities, such as soccer fields. The
current ordinance does not support a targeted or planned approach to acquisition. The process for this study
will include a look at best practices to offset park impacts, review of existing ordinances, relevant Arkansas
law, detailed analysis (particularly growth and fee analysis), public feedback, and development of possible
ways for the city to move forward. Those recommendations will be brought to City Council for final approval.
BUDGET/STAFF IMPACT:
Funding for this study is available in project 23004.1 Parks Impact Fee Study and comes from the Sales Tax
Capital Improvements Fund. Staff time will be utilized to manage the contract.
ATTACHMENTS: SRF (#3), RFP 23-15, Contract - MGT Park Impact Fee Signed (#4), RFP 23-15 Appendix A
- Scope of Work & Fees (#5), RFP 23-15, Appendix B - City Issued RFP (#6), RFP 23-15, Appendix C - MGT's
Submittal (#7)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2023-1264
Hiring a consultant to work on a Park Impact Fee Study
A RESOLUTION TO AUTHORIZE A CONTRACT WITH MGT CONSULTING, PURSUANT TO
RFP 23-15, IN THE AMOUNT OF $48,325.00 TO CONDUCT A PARK IMPACT FEE STUDY, AND
TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $5,000.00
WHEREAS, in 1981, the City enacted the first Park Land Dedication Ordinance; and
WHEREAS, most land dedicated to the city through the ordinance is undevelopable land such as
floodplain, small parcels, or in locations where park land is not needed and of little recreational value;
and
WHEREAS, major changes to the Park Land Dedication Ordinance require a comprehensive study that
must comply with Ark. Code Ann. § 14-56-103.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign a contract with MGT Consulting, pursuant to RFP 23-15, in the amount of $48,325.00 to conduct
a Park Impact Fee study, and further approves a project contingency in the amount of $5,000.00.
Page 1
Ted Jack
Submitted By
City of Fayetteville Staff Review Form
2023-1264
Item ID
11/21/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/31/2023 PARKS & RECREATION (520)
Submitted Date Division / Department
Action Recommendation:
Staff recommends hiring MGT Consulting (RFP #23-15) to conduct a Park Impact Fee study for a fee of $48,325.00
and to set a project contingency of $5,000.00.
4470.520.8520-5315.00
Account Number
23004.1
Project Number
Budgeted Item? Yes
Does item have a direct cost? Yes
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Sales Tax Capital Improvement
Fund
Parks Impact Fee Study
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Project Title
$ 100,000.00
$ 164.85
99,835.15
$ 48,352.00
51,483.15
Previous Ordinance or Resolution #
Approval Date:
V20221130
AlftCITY Of
rPAYETTIVILL■
ARKANBA•
City of Fayetteville
RFP 23-15, Park Impact Fee Study
Contract — Between City of Fayetteville, AR
and MGT of America Consulting, LLC
This contract executed this 21 day of November , 2023, between the City of Fayetteville,
Arkansas (City), of 113 W. Mountain, Fayetteville, AR 72701 and MGT of America Consulting, LLC (MGT) of 4320
West Kennedy Blvd., Ste 200, Tampa, FL 33609, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. Purpose: The purpose of this Contract is to provide the terms and conditions necessary for the
preparation of a Park Impact Fee Study for the City of Fayetteville (the "Project"), and if approved by the
City Council, work to modify relevant ordinances to implement the new fee structure.
2. Contract Documents: The Contract documents which comprise the contract between the City of
Fayetteville and MGT consist of this Contract and the following documents attached hereto, and made a
part hereof:
a. Appendix A: Scope of Work & Fees
b. Appendix B: City Issued Solicitation for RFP 23-15, Park Impact Fee Study
c. Appendix C: MGT's RFP Submittal
d. Appendix D: MGT's Certificate of Insurance
3. City's Responsibilities:
a. The City shall make available to MGT, all relevant information or data it has pertinent to the
Project which is required by MGT to perform the Services. MGT shall be entitled to rely upon
the accuracy and completeness of all information and data furnished by the City, including
information and data originating with other consultants employed by the City whether such
consultants are engaged at the request of MGT or otherwise. Where such information or data
originates either with the City or its consultants then MGT shall not be responsible to the City
for the consequences of any error or omission contained therein.
b. When requested by MGT, the City may engage specialist consultants directly to perform
items of work necessary to enable MGT to carry out the Services. Whether arranged by the
City or MGT, these services shall be deemed to be provided under direct contracts to the
City unless expressly provided otherwise. If the City chooses not to engage specialist
consultants, then the Parties will work cooperatively to modify the scope of services to reflect
any reductions or additions to the services to be provided by MGT.
c. The City shall give prompt consideration to all documentation related to the Project prepared
by MGT and whenever prompt action is necessary shall inform MGT of City's decisions in such
reasonable time so as not to delay the schedule for providing the Services.
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Contract: MGT of America Consulting, LLC
Page 1 of 6
d. The City of Fayetteville's Park Planning Superintendent is the project representative with respect
to the services to be performed under this Agreement. The Park Planning Superintendent shall
have complete authority to transmit instructions, receive information, interpret and define
policies and decisions with respect to materials, equipment, elements and systems to be used in
the Project, and other matters pertinent to the services covered by this Agreement.
4. MGT's Responsibilities:
a. MGT shall furnish the necessary qualified personnel to provide the Services. MGT represents
that it has access to the experience and capability necessary to and agrees to perform the
Services with the reasonable skill and diligence required by customarily accepted professional
practices and procedures normally provided in the performance of the Services at the time
when and the location in which the Services were performed. This undertaking does not imply
or guarantee a perfect Project and in the event of failure or partial failure of the product or the
Services, MGT will be liable only for its failure to exercise diligence, reasonable care, and
professional skill. This standard of care is the sole and exclusive standard of care that will be
applied to measure MGT's performance. There are no other representations or warranties
expressed or implied made by MGT. In particular, but not by way of limitation, no implied
warranty of merchantability or fitness for a particular purpose shall apply to the Services
provided by MGT nor shall MGT warrant or guarantee economic, market or financial conditions,
proforma projections, schedules for public agency approvals, or other factors beyond MGT's
reasonable control.
5. Non -Assignment: MGT, and their sub -consultant, DTA Consulting, shall not assign its duties under the
terms of this agreement without prior written consent of the City.
6. Indemnification and Hold Harmless:
a. MGT agrees to hold the City of Fayetteville harmless and indemnify the City of Fayetteville, but
not defend, against any and all claims for property damage, personal injury or death, arising
from MGT's performance under this contract. This clause shall not, in any form or manner, be
construed to waive that tort immunity set forth under Arkansas Law.
b. Notwithstanding anything to the contrary, the total amount of all claims the City of Fayetteville
may have against MGT under this contract or arising from the performance or non-
performance of the services under any theory of law, including but not limited to claims for
negligence, negligent misrepresentation and breach of contract, shall not exceed $500,000. As
the City of Fayetteville's sole and exclusive remedy under this contract any claim, demand or
suit shall be directed and/or asserted only against MGT and not against any of MGT's
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Contract: MGT of America Consulting, LLC
Page 2 of 6
employees, officers or directors. Neither the City of Fayetteville nor MGT shall be liable to the
other or shall make any claim for any incidental, indirect or consequential damages arising out
of or connected to this contract or the performance of the services on this project. This mutual
waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of
income, unrealized energy savings, diminution of property value or loss of reimbursement or
credits from governmental or other agencies.
7. Insurance: MGT shall furnish a certificate of insurance addressed to the City of Fayetteville within ten
(10) calendar days after contract finalization, presenting insurance which shall be maintained
throughout the term of the Contract in compliance with the terms of RFP 23-15. If applicable, MGT
shall require any subcontractor to provide insurance. In the event any employee engaged in work on
the project under this contract is not protected under Worker's Compensation insurance, MGT shall
provide and shall cause each subcontractor to provide adequate employer's liability insurance for the
protection of such of their employees are not otherwise protected. Worker's Compensation coverage
shall be applicable with state law.
8. Price:
a. MGT of America Consulting, LLC shall perform the services included in this proposal for a not -
to -exceed fee of $48,325.00.
i. MGT shall strive to make decisions based on what is best for the City. As such, the MGT
compensation is structured as a not -to -exceed fee, with billing to be completed on a
monthly basis until completion of project. Monthly invoice shall include a breakdown of
completed tasks and/or deliverables for the previous month.
b. Additional services requested that fall outside the scope of this project shall be provided on a
time -and -materials basis using the combined blended rate of $225/hour, with all expenses billed
at cost, subject to pre -approval.
9. Payments:
a. Payments shall be made after approval and acceptance of each itemized invoice, which shall
not be unreasonably withheld.
b. Unless disputed by the City, payments shall be made 30 calendar days after acceptance of
invoice. Electronic delivery to the City is preferred.
10. Terms: All work as required in the Appendix A — Scope of work shall be completed within 210 calendar
days of contract approval from Fayetteville City Council.
11. Ownership of Documents:
a. All documents provided by the City are and remain the property of the City. MGT may retain
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Contract: MGT of America Consulting, LLC
Page 3 of 6
reproduced copies of drawings and copies of other documents.
b. All documents and records, whether in physical or electronic format, prepared by MGT or its
subconsultant as part of the Project shall become the property of City; provided, however, that
MGT shall have the unrestricted right to their use.
c. MGT shall retain its rights in its standard document details, specifications, databases, computer
software, and other proprietary property. Rights to intellectual property developed, utilized, or
modified in the performance of the Services shall remain the property of MGT.
d. MGT will grant the City, the State of Arkansas, and the United States of America a royalty -free,
non- exclusive and irrevocable license to publish, reproduce and use, and dispose of in any
manner and for any purpose without limitation, and to authorize or ratify publication,
reproduction or use by others, of all copyrightable material first produced or composed under
this agreement by the contractor, its employees or any individual or concern specifically
employed or assigned to originate and prepare such material.
12. Independent Contractor: MGT is an independent contractor of the City and shall maintain complete
responsibility for applicable state or federal law on unemployment insurance, withholding taxes, social
security, or other industrial, labor or discrimination law for its employees. MGT is responsible for its
agents, sub -consultants, methods, and operations.
13. Notices: Any notice required to be given under this Agreement to either party to the other shall be
sufficient if addressed and mailed, certified mail, postage paid, delivery, e-mail or fax (receipt
confirmed), or overnight courier.
14. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing
city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the contractor will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs
pursuant to the FOIA may be assessed for this compliance.
15. Termination: This Contract may be terminated by the City of Fayetteville or MGT for any reason with
thirty (30) days written notice. If either party breaches this agreement, the non -defaulting party may
terminate this Agreement after giving seven (7) days' notice to remedy the breach. On termination of
this agreement, the City shall pay MGT for the services performed through the date of termination
within thirty (30) days of acceptance of final invoice.
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Contract: MGT of America Consulting, LLC
Page 4 of 6
16. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this
contract shall not be allowed without a prior formal contract amendment approved by the Mayor and
the City Council in advance of the change in scope, cost or fees. No modification of this contract shall be
binding unless made in writing and executed by both parties.
17. Applicable Law: This Agreement shall be governed by and construed in accord with the laws of the State
of Arkansas. Venue for all legal disputes shall be Washington County, Arkansas.
18. Contract Administration: The Mayor or their Designated Representative shall be the Contract
Administrator for this contract. MGT's Principal or their Designated Representative shall be the primary
contact for all matters pertaining to this contract.
19. Professional Responsibility: MGT shall exercise reasonable skill, care, and diligence in the performance
of services and will carry out its responsibilities in accordance with customarily accepted professional
practices.
20. Permits & Licenses: MGT shall secure and maintain any and all permits and licenses required to complete
this Contract.
21. Publications: Recognizing the importance of professional development on the part of MGT's employees
and the importance of MGT's public relations MGT may prepare publications, such as technical papers,
articles for periodicals, promotional materials, and press releases, in electronic or other format,
pertaining to MGT's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE
in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts
promptly and provide CITY OF FAYETTEVILLE's comments to MGT, CITY OF FAYETTEVILLE may require
deletion of proprietary data or confidential information from such publications, but otherwise CITY OF
FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of
situations and do not require additional review or approval for each use. The cost of MGT's activities
pertaining to any such publication shall be for MGT's account.
22. Entire Agreement: These Contract documents constitute the entire agreement between the City of
Fayetteville and MGT and may be modified only by a duly executed written instrument signed by the City
of Fayetteville and MGT. In the event of a conflict between the terms of this Contract and the
appendices, this Contract and the terms and conditions contained in Appendix B shall control.
23. Force Majeure: Any default in the performance of this Agreement caused by any of the following events
and without fault or negligence on the part of the defaulting party shall not constitute a breach of
contract: labor strikes, riots, war, acts of governmental authorities, unusually severe weather conditions
or other natural catastrophe, disease, epidemic or pandemic, or any other cause beyond the reasonable
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Contract: MGT of America Consulting, LLC
Page 5 of 6
control or contemplation of either party. Nothing herein relieves the City of its obligation to pay MGT for
services actually rendered.
24. Severability: In the event that any court of competent jurisdiction shall determine that any provision of
this agreement shall be unenforceable, then that provision shall be deemed to be null and void and the
remaining provisions hereof shall remain in full force and effect.
25. Debarment Certification: MGT hereby provides debarment/suspension certification indicating
compliance with the below Federal Executive Order. Federal Executive Order (E.O.) 12549 "Debarment
and Suspension" requires that all contractors receiving individual awards, using federal funds, and all
sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing
business with the Federal Government. MGT hereby attests its principal is not presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any federal department or agency.
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and MGT OF AMERICA
CONSULTING, LLC by its authorized officer has made and executed this Agreement as of the day and year first
above written.
MGT OF AMERICA CONSULTING, LLC
By: (4�1�
PATRICKJ. DYER, VICE PRESIDENT
ATTEST: 7RE� �1"
,
By:
Kara Paxton, City Cler Treasure
Date Signed: Noye�'►'Ibe r Z�4�-3 Date Signed:
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Contract: MGT of America Consulting, LLC
Page 6 of 6
October 19, 2023
CONTRACT FOR PROFESSIONAL SERVICES
RFP 23-15, Park Impact Fee Study
APPENDIX A
Scope of Work & Fees
1. INTRODUCTION:
MGT of America Consulting LLC (MGT or Consultant) shall provide services in preparing a Park Impact Fee
Study to assist and allow the City of Fayetteville to determine if transitioning from its current Park Land
Dedication Ordinance to a Park Impact Fee is beneficial or if another option is more beneficial. If a new
direction is chosen, additional work will include evaluating and updating the Uniformed Development
Code as it pertains to the new direction or Park Impact Fee. The consultant will prepare recommended
revisions to the Unified Development Code to allow the city to smoothly transition from the current Park
Land Dedication Ordinance to the new Park Impact Fee Ordinance or other option.
2. SCOPE OF WORK:
MGT shall perform the following:
A. Protect Kick Off / Data Collection: Consultant shall prepare and forward to the City's Project Manager
a data needs memo. The Consultant shall meet (Online) with key members of the City's staff to receive
the data, identify, refine the project schedule, and discuss major technical and policy issues.
B. Initial Review: The Consultant shall review the existing Park Land Dedication (PLD) ordinance, Arkansas
Impact Fee Law, and the benefits of other ways to assess impact by new residential development to
the park system and make recommendations on alternatives to impact fees if other methods seem
practical and beneficial. The Consultant shall study and detail the pros and cons of possible options to
help determine if moving to a park impact fee is the best course of action for the city. City staff will
use this information to determine the direction forward. Consultant shall then assist City staff to
replace the existing PLD ordinance with a legally defensible park impact fee ordinance or other
method that is determined during this phase of work.
C. Additional Review and Study: City staff will provide information it has to the Consultant to use in the
development of the updated apportionment methodology. The City will provide budget information
and data to help support development of the assessment methodology. Park impact fees or other
method shall be calculated to provide for land acquisition, public park facilities, equipment, and
infrastructure needed to support growth based on forecasts of new development over a 10-year
period. The impact fee analysis shall consider existing fees, recommended fees, and be compared to
both surrounding and comparable municipalities to ensure reasonableness, consistency, and
feasibility. Note that the city may elect to go with a fee less than justified to assist in promoting other
city goals such as affordable housing.
D. Growth Analysis: The Consultant shall analyze current and anticipated growth forecasts and the cost
for land and park improvements. The Consultant shall provide a determination on whether the current
and anticipated future growth of the City is proportionately funding the additional infrastructure
needed to accommodate it, with existing revenue sources. This analysis shall include detailed
explanations of the findings and methodologies used to make the determination.
City of Fayetteville, AR and MGT of America Consulting LLC.
APPENDIX A — SCOPE OF WORK AND FEES
Page 1 of 3
E. Impact Fee Methodologies: The procedure shall meet the rational nexus test, which is the
underpinning of fairness in allocating impact fees. The methodologies, which must be easy to
understand and to implement, must provide impact fees (or other chosen method) for a wide range
of residential developments, such as single-family, multi -family, and student housing. The Consultant
shall review and make recommendations on the existing residential developments to differentiate the
various impact fees charged to new development. Consultant shall identify any legal consideration for
the recommended impact fee schedule including the minimum requirements for a legally defensible
impact fee system pursuant to City, County, State and Federal regulations.
F. Draft Summary Technical Report: The Consultant shall prepare a single compiled report for all impact
fees that document the fee study results, including a description of the background information,
overall assumptions, approach, methodology, findings, supporting justification, recommended fee
amount(s), and the calculations that provide the legal nexus between the recommended impact fee
and new development. The report shall also include full fee schedule tables showing input data,
interim calculation results, and abbreviated fee schedule tables. During this phase, the Consultant
shall prepare and submit to City staff a 50% draft and a 90% draft. The City will provide written
feedback on the drafts and status reports to be used as direction for the consultants.
G. Final Technical Report: The Consultant shall develop a final study after receiving the written review by
City staff of the summary technical report.
H. Meetings and Presentations: The Consultant shall attend and present the study at up to two (2) City
Council meetings/public hearings.
I. Adoption: If the study is adopted by the City Council the consultant shall assist the city in preparing
revisions to the City's Unified Development Code necessary to inact the direction taken by the City
Council.
3. PRICING:
A. MGT of America Consulting, LLC shall perform the services included in this proposal for a not -to -
exceed fee of $48,325.00.
MGT shall strive to make decisions based on what is best for the City. As such, the MGT
compensation is structured as a not -to -exceed fee, with billing to be completed on a monthly
basis until completion of project. Monthly invoice shall include a breakdown of completed tasks
and/or deliverables for the previous month.
B. Additional services requested that fall outside the scope of this project shall be provided on a time -
and -materials basis using the combined blended rate of $225/hour, with all expenses billed at cost,
subject to pre -approval.
4. TIMEFRAME & PROPOSED SCHEDULE:
A. Any adjustments to proposed schedule shall be coordinated through City staff:
City of Fayetteville, AR and MGT of America Consulting LLC.
APPENDIX A — SCOPE OF WORK AND FEES
Page 2 of 3
Tnk
Description Weeks Weeks Weeks Weeks Weeks Weeks Week 26
1
Review Ordinances, State Laws, and Administrative Decisions Related to
Impact Fees
2
Development of Project Strategy and Kickoff Meeting
3
Develop Population and Demographic Projections
4
Review Facility/Capital Needs and Levels of Service
5
Develop Methodology for Calculating New Fee Amounts
6
Determine Fee Levels and Generate Cash Flow Analysis
7
Prepare Draft and Final Reports
B
Outline Tasks Required for the Implementation and Administration of
the Fee Program and Fee Credits Program
B
Attend Two (2) In -Person Meetings, Plus Regular Virtual Meetings for
Bi-Weekly Updates
10
Adoption: If Necessary, revisions to the City's Unified Development Code
Ongoing
Communication, Education, and Outreach of Project
City of Fayetteville, AR and MGT of America Consulting LLC.
APPENDIXA — SCOPE OF WORK AND FEES
Page 3 of
3
I is
CITY OF
FAYETTEVILLE
ARKANSAS
City of Fayetteville, Arkansas
Purchasing Division — Room 306
113 W. Mountain
Fayetteville, AR 72701
Phone: 479.575.8256
TDD (Telecommunication Device for the Deaf): 479.521.1316
Request for Proposal: RFP 23-15, Park Impact Fee Study
DEADLINE: Wednesday, August 9, 2023 before 2:00 PM, local time
SR. PURCHASING AGENT: Amanda Beilfuss, abeilfuss@fayetteville-ar.gov
DATE OF ISSUE AND ADVERTISEMENT: 07/16/2023
REQUEST FOR PROPOSAL
RFP 23-15, Park Impact Fee Study
No late proposals shall be accepted. RFP's shall be submitted through the City's third -party
electronic bidding platform or by submitting a sealed physical proposal to the City of Fayetteville,
Purchasing Division at the below location.
City of Fayetteville
Purchasing Division — Room 306
113 West Mountain Street
Fayetteville, AR 72701
All proposals shall be submitted in accordance with the attached City of Fayetteville specifications
and documents attached hereto. Each Proposer is required to fill in every blank and shall supply
all information requested; failure to do so may be used as basis of rejection.
The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms
stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are
made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the
Proposer/Bidder and City Purchasing Director.
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 1 of 18
City of Fayetteville
RFP 23-15, Park Impact Fee Study
Advertisement
City of Fayetteville, AR
Request for Proposal
RFP 23-15, Park Impact Fee Study
The City of Fayetteville, Arkansas, seeks proposals from qualified consulting firms to develop a comprehensive
Park Impact Fee Study for the City of Fayetteville. Any questions regarding this solicitation process shall be
directed to Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent at abeilfuss@fayetteville-ar.gov or (479)
Solicitation documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic
bidding platform at www.fayetteville-ar.gov/bids. All proposals shall be received by Wednesday, August 9, 2023
before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed physical proposal
to the City of Fayetteville, Purchasing Division. All proposals are due before the time stated. No late proposals
shall be accepted. Submitting electronically is strongly encouraged. The City of Fayetteville shall not be
responsible for lost or misdirected proposals, or for failure of proposer's technical equipment.
All interested parties shall be qualified to do business and licensed in accordance with all applicable laws of the
state and local governments where the project is located. Any entity performing a service for the City of
Fayetteville shall be registered with the Arkansas Secretary of State prior to contract award.
The City of Fayetteville reserves the right to reject any or all Proposals and to waive irregularities therein, and all
parties agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or
claim brought by any interested party because of such rejections, nor shall any interested party seek any recourse
of any kind against the City of Fayetteville because of such rejections. The filing of any Statement in response to
this invitation shall constitute an agreement of the interested party to these conditions.
City of Fayetteville
By: Amanda Beilfuss, Sr. Purchasing Agent
P: 479.575.8220 abeilfuss@fayetteville-ar.gov
TDD (Telecommunications Device for the Deaf): (479) 521-1316
Date of advertisement: 07/16/2023
This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas.
Amount paid: $XXX.XX
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 2 of 18
City of Fayetteville
RFP 23-15, Park Impact Fee Study
Appendix
SECTION:
PAGE NUMBER
Cover Page
01
Advertisement
02
SECTION A: General Terms & Conditions
04
SECTION B: Scope of Services and General Information
12
SECTION C: Submittal Signature
17
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 3 of 18
City of Fayetteville
RFP 23-15, Park Impact Fee Study
SECTION A: General Terms & Conditions
1. SUBMISSION OF A PROPOSAL SHALL INCLUDE:
Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements
as specified in the Scope of Work.
a. A written narrative describing the method or manner in which the Proposer proposes to satisfy
requirements of this RFP in the most cost-effective manner. The term Proposer shall be in reference
to a firm or individual responding to this solicitation.
b. A description of the Proposer's experience in providing the same or similar services as outlined in the
RFP. This description should include the names of the person(s) who will provide the services, their
qualifications, and the years of experience in performing this type of work. Also, include the reference
information requested in this RFP.
c. The complete fee and cost to the City for all services outlined in this RFP.
d. Statement should be no more than twenty-five (25) pages; single sided, standard, readable, print on
standard 8.5x11 documents. Proposers shall also submit a three (3) page (maximum) executive
summary. The following items will not count toward the twenty-five page limitation: appendix, cover
sheet, 3-page executive summary, resumes (resumes shall be no more than 1 page per person), and
forms provided by the City for completion.
Submitting and responding to this RFP: Proposals shall be prepared simply and economically,
providing a straightforward, concise description of its ability to meet the requirements for the
project. Fancy bindings, colored displays, and promotional material are not required. Emphasis
should be on completeness and clarity of content. All documents physically submitted should
be typewritten on standard 8 %" x 11" white papers and bound in one volume. Exceptions
would be schematics, exhibits, one -page resumes, and City required forms. Limit proposal to
twenty-five (25) pages or less, excluding one -page team resumes, references, and forms
required by the City for completion. All proposals shall be sealed upon delivery to the City of
Fayetteville.
1. Option 1 —Electronic Submittal (strongly encouraged): Proposers can go to
www.fayetteville-ar.gov/bids and follow the prompts to submit a proposal within the
electronic bidding platform. If a proposal is submitted electronically, a physical
submission is not necessary. All Proposers must register in order to be able to submit.
There is no fee for registration.
2. Option 2 — Physical Submittal: All Proposers shall submit one (1) original copy of their
proposal as well as one (1) electronic copy on a properly labeled USB or other
electronic media device. The electronic copy submitted shall be contained into one
single file. Electronic file and shall be identical to the hard copies provided. The use of
Adobe PDF documents is strongly recommended. Files contained on an USB or
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 4 of 18
electronic media shall not be restricted against saving or printing. Electronic copies
shall not be submitted via e-mail to City employees by the Proposer and shall be
provided to the City in a sealed manner. Fed Ex, UPS, USPS, or other packages should
be clearly marked with the RFP number on the outside of the mailing package.
e. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this
document. Only the names of Proposer's will be available after the deadline until a contract has been
awarded by the Fayetteville City Council. All interested parties understand proposal documents will
not be available until after a valid contract has been executed.
f. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing
Division.
g. Proposals must follow the format of the RFP. Proposers should structure their responses to follow
the sequence of the RFP.
h. Proposers shall have experience in work of the same or similar nature and must provide references
that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom they
have performed similar services and must provide information as requested in this document.
i. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service
agreement must be identified in its response to the RFP. Failure to do so may lead the City to declare
any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not
disqualify it from consideration for award.
j. Local time shall be defined as the time in Fayetteville, Arkansas on the due date of the deadline.
Documents shall be received before the deadline time as shown by the atomic clock located in the
Purchasing Division Office or electronic clock located in the City's third -party bidding software.
2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION:
No oral interpretations will be made to any firms as to the meaning of specifications or any other contract
documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be
sent in writing via e-mail to the Purchasing Department. Responses to questions may be handled as an
addendum if the response would provide clarification to the requirements of the proposal. All such addenda
shall become part of the contract documents. The City will not be responsible for any other explanation or
interpretation of the proposed RFP made or given prior to the award of the contract.
3. DESCRIPTION OF SUPPLIES AND SERVICES:
Any manufacturer's names, trade name, brand name, catalog number, etc. used in specifications are for the
purpose of describing and establishing general quality levels. Such references are NOT intended to be
restrictive. Proposals shall be considered for all brands that meet the quality of the specifications listed for
any items.
4. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS:
In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the right
to the following:
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 5 of 18
a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm.
Negotiation with an individual Proposer does not require negotiation with others.
b. The City of Fayetteville reserves the right to select the proposal it believes will serve the best interest
of the City.
c. The City of Fayetteville reserves the right to accept or reject any or all proposals.
d. The City of Fayetteville reserves the right to cancel the entire request for proposal.
e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the
request for proposal or in proposals submitted.
f. The City of Fayetteville reserves the right to request any necessary clarifications, additional
information or proposal data without changing the terms of the proposal.
g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services
required on the basis of the original proposals without negotiation.
h. The City reserves the right to ask for a best and final offer from one or more Proposers. The best and
final offer process is not guaranteed; therefore, Proposers shall submit and respond to this RFP on the
most favorable terms available.
5. EVALUATION CRITERIA:
The evaluation criterion defines the factors that will be used by the selection committee to evaluate and score
responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the
selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated
and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the
evaluation criteria listed in this RFP. Proposers are not guaranteed to be ranked.
6. COSTS INCURRED BY PROPOSERS:
All expenses involved with the preparation and submission of proposals to the City, or any work performed in
connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses
received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement.
7. ORAL PRESENTATION:
An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion.
8. CONFLICT OF INTEREST:
a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or
indirect, which would conflict in any manner with the performance or services required hereunder, as
provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to
Provide Services to the City".
The Proposer shall promptly notify Amanda Beilfuss, City Sr. Purchasing Agent, in writing, of all
potential conflicts of interest for any prospective business association, interest, or other circumstance
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 6 of 18
which may influence or appear to influence the Proposer's judgment or quality of services being
provided. Such written notification shall identify the prospective business association, interest or
circumstance, the nature of which the Proposer may undertake and request an opinion to the City as
to whether the association, interest or circumstance would, in the opinion of the City, constitute a
conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer
its opinion via e-mail or first-class mail within thirty days of receipt of notification.
9. WITHDRAWAL OF PROPOSAL:
A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request
from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set
for the proposal.
10. LATE PROPOSAL OR MODIFICATIONS:
Proposal and modifications received after the time set for the proposal submittal shall not be
considered. Modifications in writing received prior to the deadline will be accepted. The City will
not be responsible for misdirected bids. Proposers refer to their submission status in the online
bidding portal or call the Purchasing Division at (479) 575-8220 to ensure receipt of their submittal
documents prior to opening time and date listed.
b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All proposals
shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to
determine local time shall be the atomic clock located in the Purchasing Division, Room 306 of City
Hall, 113 W. Mountain, Fayetteville, AR.
11. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
The laws of the State of Arkansas apply to any purchase made under this request for proposal. Proposers
shall comply with all constitutional, state, and federal directives, orders and laws as applicable to this proposal
and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged
Business Enterprises (DBE), & OSHA as applicable to this contract.
12. PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to all Government
agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said
proposal terms and conditions therein, should any said governmental entity desire to buy under this
proposal. Eligible users shall mean all state of Arkansas agencies, the legislative and judicial branches,
political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or
other public agencies or authorities), which may desire to purchase under the terms and conditions of the
contract.
13. COLLUSION:
The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies
that their proposal is made without previous understanding, agreement, or connection with any person,
firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without
outside control, collusion, fraud, or otherwise illegal action."
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 7 of 18
14. RIGHT TO AUDIT, FOIA, AND JURISDICITON:
a. The City of Fayetteville reserves the privilege of auditing a Contractor's records as such records relate
to purchases between the City and said Contractor.
b. Freedom of Information Act: City contracts and documents prepared while performing City
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information
Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to
provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of
Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to
the FOIA may be assessed for this compliance.
c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case.
15. CITY INDEMNIFICATION:
The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims,
liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any
actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the
services or any part thereof covered by this order, and such obligation shall survive acceptance of the services
and payment thereof by the City.
16. VARIANCE FROM STANDARD TERMS & CONDITIONS:
All standard terms and conditions stated in this request for proposal apply to this contract except as
specifically stated in the subsequent sections of this document, which take precedence, and should be fully
understood by Proposers prior to submitting a proposal on this requirement.
17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should
call 479.521.1316 (telecommunications device for the deaf), no later than seven days prior to the deadline.
Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division,
immediately.
18. CERTIFICATE OF INSURANCE:
The successful Proposer shall provide a Certificate of Insurance of professional liability insurance in the
amount of $1 million US dollars, at minimum. Such Certificate of Insurance shall list the City as an additional
insured and not be required unless firm is selected.
19. PAYMENTS AND INVOICING:
The Proposer must specify in their proposal the exact company name and address which must be the same
as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is
responsible for immediately notifying the Purchasing Division of any company name change, which would
cause invoicing to change from the name used at the time of the original RFP. Payment will be made within
thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or
penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no
additional costs to the City for expedited payment processing. The City will not agree to allow any increase
in hourly rates by the contract without PRIOR Fayetteville City Council approval.
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 8 of 18
20. CANCELLATION:
a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice
to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails
to fulfill or abide by any of the terms or conditions specified.
Failure of the contractor to comply with any of the provisions of the contract shall be considered a
material breach of contract and shall be cause for immediate termination of the contract at the
discretion of the City of Fayetteville.
c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right
to cancel and obtain from another source, any items and/or services which have not been delivered
within the period of time from the date of order as determined by the City of Fayetteville.
d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify
the Contractor of such occurrence and contract shall terminate of the last day of the current fiscal
period without penalty or expense to the City.
21. ASSIGNMENT. SUBCONTRACTING. CORPORATE ACQUISITIONS AND/OR MERGERS:
a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without
prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the
Proposer shall disclose such intent in the proposal submitted as a result of this RFP.
b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to
the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence
of said action, whichever occurs first.
22. NON-EXCLUSIVE CONTRACT:
Award of this RFP shall impose no obligation on the City to utilize the Contractor for all work of this type,
which may develop during the contract period. This is not an exclusive contract. The City specifically reserves
the right to concurrently contract with other companies for similar work if it deems such an action to be in
the City's best interest. In the case of multiple -phase contracts, this provision shall apply separately to each
item.
23. LOBBYING:
Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding
request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by
the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the
bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an
organization that is responding to the request for proposal, request for qualification, bid or contract, or has
a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of
Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City
of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from
contacting the Purchasing Division to address situations such as clarification and/or questions related to the
procurement process. For purposes of this provision lobbying activities shall include but not be limited to,
influencing or attempting to influence action or non -action in connection with any request for proposal,
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 9 of 18
request for qualification, bid or contract through direct or indirect oral or written communication or an
attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause
any request for proposal, request for qualification, bid or contract to be rejected.
24. ADDITIONAL REQUIREMENTS:
The City reserves the right to request additional services relating to this RFP from the Proposer. When
approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor
shall provide such additional requirements as may become necessary.
25. SERVICES AGREEMENT:
A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal
will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for
approval and signature of the Mayor.
26. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS:
Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only
in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP
form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response.
Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or
otherwise, will constitute grounds for rejection of such RFP response. Any such modifications or alterations
a Proposer wishes to propose shall be clearly stated in the Proposer's RFP response and presented in the form
of an addendum to the original RFP documents.
27. OTHER GENERAL CONDITIONS:
a. Proposers must provide the City with their proposals signed by an employee having legal authority to
submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses
shall be borne by the Proposer.
b. The City reserves the right to request any additional information it deems necessary from any or all
Proposers after the submission deadline.
This solicitation is not to be construed as an offer, a contract, or a commitment of any kind; nor does
it commit the City to pay for any costs incurred by Proposer in preparation. It shall be clearly
understood that any costs incurred by the Proposer in responding to this request for proposal is at the
Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable
for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the
proposal is accepted.
d. If products, components, or services other than those described in this bid document are proposed,
the Proposer must include complete descriptive literature for each. All requests for additional
information must be received within five working days following the request.
e. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone
(479.575.8220) or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of
Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 10 of 18
of the scope of work to be completed and/or goods to be provided. We encourage all interested
parties to ask questions to enable all Proposers to be on equal terms.
f. Any inquiries or requests for explanation in regard to the City's requirements should be made
promptly to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail
(abeilfuss@fayetteville-ar.gov) or telephone (479.575.8220). No oral interpretation or clarifications
will be given as to the meaning of any part of this request for proposal. All questions, clarifications,
and requests, together with answers, if any, will be provided to all firms via written addendum. Names
of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract
is in place.
g. At the discretion of the City, one or more firms may be asked for more detailed information before
final ranking of the firms, which may also include oral interviews.
h. Any information provided herein is intended to assist the Proposer in the preparation of proposals
necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with
sufficient basic information to submit proposals meeting minimum specifications and/or test
requirements but is not intended to limit a RFP's content or to exclude any relevant or essential data.
i. Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in
any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and
irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of
jurisdiction or improper venue or any similar basis.
The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to
become due hereunder without written consent of City of Fayetteville. In case the successful Proposer
assigns all or any part of any monies due or to become due under this Contract, the Instrument of
assignment shall contain a clause substantiallyto the effect that it is agreed that the right of the assignee
in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of
all persons, firms, and corporations for services rendered or materials supplied for the performance of
the services called for in this contract.
k. The successful Proposer's attention is directed to the fact that all applicable Federal and State laws,
municipal ordinances, and the rules and regulations of all authorities having jurisdiction overthe services
shall apply to the contract throughout, and they will be deemed to be included in the contract as though
written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws,
ordinances and regulations of the Federal, State, and municipal governments or authorities in any
manner affecting those engaged or employed in providing these services or in any way affecting the
conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or
authority over same. If any discrepancy or inconsistency should be discovered in these Contract
Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation,
order or decree, s/he shall herewith report the same in writing to the City of Fayetteville.
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 11 of 18
City of Fayetteville
RFP 23-15, Park Impact Fee Study
SECTION B: Scope of Services and General Information
1. INTRODUCTION:
The City of Fayetteville ("City') is seeking proposals from experienced and qualified firms or individuals
("Proposer") who can implement a legally defensible park impact fee study in accordance with the terms,
conditions, and specifications contained in this Request for Proposals.
The City currently has a Park Land Dedication (PLD) ordinance originating from the early 1980's. The PLD
ordinance has proved beneficial over the years, but with new development patterns and a denser city, a
change in the way we assess park impacts is needed. This will allow the city to better meet its park and
recreation goals partially outlined in a new Park and Recreation System Master Plan. The City is seeking
proposals from qualified firm(s) or individuals engaged in the development, review, and implementation of
park impact fee studies, particularly for park systems involving the use of fees for new residential
construction.
2. SCOPE OF WORK
The following tasks are anticipated to be required during this project but are subject to change based on
information gained in the selection process and negotiations with Proposers.
a. Kick-off Meeting (1.5 hours): Consultant and City staff to review objectives of Study, agree to
methodology, exchange information, timing, and schedule for all tasks, and to determine
information to be provided by City staff to support a comprehensive Impact Fee Study.
Data Collection/Background Review: Upon receipt of the Notice to Proceed, the Consultant shall
prepare and forward to the City's Project Manager a data needs memo. The City's Project Manager
shall assemble as much of the requested data as possible prior to the kick-off meeting. The
Consultant shall meet (Online) with key members of the City's staff to receive the data, identify,
refine the project schedule, and discuss major technical and policy issues. City staff will provide the
databases for the impact fees in electronic format for the Consultant to use in the development of
the updated apportionment methodology. The City will be an active participant and provide the
necessary budget information and data required to develop the assessment methodology. Park
impact fees shall be calculated to provide for land acquisition, public park facilities, equipment,
infrastructure, and services needed to support growth based on forecasts of new development over
a 10-year period. The impact fee analysis shall consider existing fees, recommended fees, and be
compared to both surrounding and comparable municipalities to ensure reasonableness,
consistency, and feasibility. Note that the city may elect to go with a fee less than justified to assist
in promoting other city goals such as affordable housing.
Additional Review: The Consultant shall review the existing Park Land Dedication (PLD) ordinance,
Arkansas Impact Fee Law, and the benefits of other ways to assess impact to the park system.
Currently the City operates with a PLD ordinance (Appendix A) and wishes to replace that with a
legally defensible park impact fee ordinance. The proposer shall also make recommendations on
alternatives to impact fees if other methods seem practical and beneficial.
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 12 of 18
d. Growth Analysis: The Consultant shall analyze current and anticipated growth forecasts and the cost
for land and park improvements. The Consultant shall provide a determination on whether the
current and anticipated future growth of the City is proportionately funding the additional
infrastructure needed to accommodate it, with existing revenue sources. This analysis shall include
detailed explanations of the findings and methodologies used to make the determination.
e. Impact Fee Methodologies: Consultant shall develop appropriate impact fee methodology and fee
schedules necessary for the City to establish and defend its proposed impact fees. The procedure
shall meet the rational nexus test, which is the underpinning of fairness in allocating impact fees.
The methodologies, which must be easy to understand and to implement, must provide impact fees
for a wide range of residential developments, such as single-family and multi -family. The Consultant
shall review and make recommendations on the existing residential developments to differentiate
the various impact fees charged to new development. Consultant shall identify any legal
consideration for the recommended impact fee schedule including the minimum requirements for a
legally defensible impact fee system pursuant to City, County, State and Federal regulations.
Consultant shall review the collection of Parks and Recreation capital costs, capital programing, and
minimum level of service standards used in the calculation of impact fees. Note the city may not
wish to go with a fully justified fee, to help with the promotion of other city goal's such as affordable
housing.
Review Findings with City Staff: The Consultant shall prepare and submit to City staff a minimum of
three (3) drafts and status reports (30%, 60%, and 90% completion) of the revised impact fee
system. The City will provide written feedback on the drafts and status reports.
g. Draft Summary Technical Report: The Consultant shall prepare a single compiled report for all
impact fees that document the fee study results, including a description of the background
information, overall assumptions, approach, methodology, findings, supporting justification,
recommended fee amount, and the calculations that provide the legal nexus between the
recommended impact fee and new development. The report shall also include full fee schedule
tables showing input data, interim calculation results, and abbreviated fee schedule tables.
h. Final Technical Report: The Consultant shall develop a final study after receiving the written review
by City staff of the summary technical report.
Meetings and Presentations: The Consultant shall attend and present the study at up to two (2) City
Commission workshops and up to two (2) City Council meetings/public hearings.
Additional Tasks: Additional tasks not in the scope of work shall be clearly identified in the
Consultant's proposal under the fee proposal. The City reserves the right to modify the scope of
work before the contract is awarded. The Consultant shall assist the City in defending the impact fee
methodology, if legally challenged. Consultant shall provide an hourly rate for any litigation
assistance services
3. PROPOSAL FORMAT: Proposals shall follow the following format:
a. Introduction: Provide a cover letter including a positive commitment to provide the services. Please
include corporate/agent and contact information.
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 13 of 18
b. Proposer's Information: Please provide any doing -business -as (dba), state of organization or
incorporation, and ownership structure of Proposer's company (e.g., Partnership, Limited Liability
Corporation, Corporation, etc.).
c. ExiDerience. Abilitv, and References:
i. Provide details of Proposer's years of experience in the field of consulting services for
development and implementation of impact fee services. Include number of projects, dollar
values, and number of years in business. Highlight impact fee services done for parks, listing the
park systems serviced.
ii. List and provide resumes of the project team and describe the qualifications and relevant
experience of the project team and project manager. Please provide any organizational charts
and/or certifications.
iii. Describe any accomplishments and/or awards received with similar projects.
iv. Provide a minimum of three (3) client references for projects with similar scope of work.
References should include the following:
1. Organization Name
2. Contact Name(s)
3. Mailing Address
4. Phone Number
5. Date of Service (start/end)
6. Total Amount of Contract
7. Scope of Work (brief description)
d. Technical Approach:
i. Proposer shall explain their internal process and a description of how the firm proposes to
implement the evaluation activities provided in this RFP's scope of work.
ii. Please explain your firm's process for complying with any Arkansas impact fee statutes and
provide a proposed timeline for the 180-day requirement.
e. Cost Proposal:
i. Cost proposal shall be for all services, materials, supplies, and any other items or requirements
necessary to complete the work. Estimated expenses shall be included. Proposer shall submit
hourly rates for any additional services offered.
ii. Fee proposal shall be outlined to follow the scope of work:
1. Kick-off Meeting
2. Data Collection/Background Review
3. Additional Review
4. Growth Analysis
5. Impact Fee Methodologies
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 14 of 18
6. Review Findings with City Staff
7. Draft Summary Technical Report
8. Final Technical Report
9. Meetings and Presentations
10. Other Work (if needed)
11. Expenses
4. PROPOSAL CONTENT:
Proposals shall be prepared simply and economically, providing a straightforward, concise description its
ability to meet the requirements for the project. Fancy bindings, colored displays, and promotional material
are not required. Emphasis should be on completeness and clarity of content. All documents should be
typewritten on standard 8 %" x 11" white pages and bound in one volume. Exceptions would be schematics,
exhibits, or other information necessary to facilitate the City of Fayetteville's ability to accurately evaluate the
proposal. Limit proposal to twenty-five (25) pages or less, excluding one -page team resumes, references, and
forms required by the City for completion.
5. CONTRACT FORMATION:
If the negotiation produces mutual agreement, a contract will be considered for approval by the City of
Fayetteville City Council. If negotiations with the highest-ranking Proposer fail, negotiations may be initiated
with the next highest-ranking Proposer until an agreement is reached. The City reserves the right to reject all
offers and end the process without executing a contract.
6. SELECTION CRITERIA:
The following criteria will be used by the City to evaluate and score responsive proposals. Proposers shall
include sufficient information to allow the City to thoroughly evaluate and score the proposal. Each proposal
submitted is not required to be ranked by the selection committee. The contract may be awarded to the
most qualified firm, per the evaluation criteria listed below, based on the evaluation of the selection
committee. Following the evaluation of the proposals, the Selection Committee may request that the top-
ranking firm(s) make an oral presentation or be interviewed. If presentations are necessary, they will take
place in Fayetteville, Arkansas. Notices will be sent by the Purchasing Division.
1) 25% Qualifications in Relation to Specific Project to be Performed: Information reflecting
qualifications of the consultant, partners, and project team. Indicated specialized
experience and technical competence of the firm in connection with the type and
complexity of the service required. Subcontractors, if used, shall be listed with information
on their organization.
2) 20% Experience, Competence, and Capacity for Performance: Information reflecting the
names, titles, and qualifications (including experience and technical competence) of the
major personnel assigned to this specific project.
3) 20% Proposed Method of Doing Work: A proposed work plan (description of how the project
would be conducted as well as other facts concerning approach to scope) indicating
methods and schedules for accomplishing scope of work. Include with this the amount of
work presently underway.
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 15 of 18
4) 15% Past Performance: Previous evaluations shall be considered a significant factor. If previous
evaluations with the City are not available, the professional firm's past performance
records with City and others will be used, including quality of work, timely performance,
diligence, and any other pertinent information. Firm will provide a list of similar jobs
performed and person whom the City can contact for information.
5) 20% Cost/Fees: Complete costs and fees as described in this RFP and for delivery of the proposal
including fiscal feasibility and financial stability. All fees shall be clearly identified with RFP
response and be itemized as much as possible.
9. ADDITIONAL DOCUMENTS AND INFORMATON: The following documents are included with this solicitation as
additional information:
a. Appendix A: City's Current Park Land Dedication Ordinance
b. The City of Fayetteville's Parks and Recreation System Master Plan is available at:
https://www.faVetteviIle-ar.gov/DocumentCenter/View/28916/Fayetteville-PSMP-Appendices-Final-
February-2023.
CONTINUES ON NEXT PAGE
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 16 of 18
City of Fayetteville
RFP 23-15, Park Impact Fee Study
SECTION C: Signature Submittal
1. DISCLOSURE INFORMATION
Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to,
any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship
exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of
Fayetteville official.
If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such
a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form
must be completed and returned in order for your bid/proposal to be eligible for consideration.
PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM:
1) NO KNOWN RELATIONSHIP EXISTS
2) RELATIONSHIP EXISTS (Please explain):
I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to
certify the information provided herein is accurate and true; and my organization shall comply with all State and
Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment.
Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently
boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract,
with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott
Israel, the contractor must notify the contracted public entity in writing.
2. PRIMARY CONTACT INFORMATION
At the discretion of the City, one or more firms may be asked for more detailed information before final ranking
of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary
contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection
committee can call for clarification or interview via telephone.
Corporate Name of Firm:
Primary Contact:
Phone#1 (cell preferred):
E-Mail Address:
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 17 of 18
Title of Primary Contact:
Phone#2:
3. ACKNOWLEDGEMENT OF ADDENDA
Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by
signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent
as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the
appropriate blank listed herein. Failure to do so may subject Contractor to disqualification.
ADDENDUM NO.
SIGNATURE AND PRINTED NAME
DATE ACKNOWLEDGED
4. DEBARMENT CERTIFICATION:
As an interested party on this project, you are required to provide debarment/suspension certification indicating
compliance with the below Federal Executive Order. Certification can be done by completing and signing this
form.
Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving
individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are
not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal
department or agency from doing business with the Federal Government.
Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency.
Questions regarding this form should be directed to the City of Fayetteville Purchasing Division.
NAME OF COMPANY:
PHYSICAL ADDRESS:
MAILING ADDRESS:
TAX ID #: AR. SECRETARY OF STATE FILING #:
PHONE: FAX:
E-MAIL:
SIGNATURE:
PRINTED NAME:
TITLE: DATE:
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 18 of 18
Appendix A
166.04 Required Infrastructure Improvements — Development In City Limits
(A) Generally. Required of developer. (See highlight for Park Land Dedication information)
(1) On and Off -Site Improvements. On -site improvements are adjacent to or within a project site; such as
widening the street along the project street frontage, constructing interior streets and utilities, etc. Off -
site improvements are not adjacent to a project; such as the extension of an off -site sewer line to the
property boundary, off -site storm drainage improvements, or an off -site intersection improvement,
etc.
(2) Standards Applicable. Any required on or off -site improvements in the city and within one (1) mile of
the city limits shall be installed according to the city's standards; provided on or off -site improvements
to roads located outside one mile of the city limits shall be installed to the county's standards. The
developer shall be required to bear that portion of the cost of off -site improvements which bears a
rational nexus to the needs created by the development.
(3) Required Infrastructure Improvements. On and off -site improvements that are roughly proportional
and bear a rational nexus to the impact of the development are required for all development within
the City of Fayetteville. The developer shall be required to install on and off -site improvements where
the need for such improvements is created in whole or in part by the proposed development.
(4) Planning Commission and Planning Division. At the time the Planning Commission or Planning Division
(where applicable for administrative approval) grants development approval, the Planning Commission
or Planning Division shall determine whether the proposed development creates a need for off -site
improvements and the portion of the cost of any needed off -site improvements which the developer
shall be required to bear; provided, that portion of the cost of off -site improvements to roads located
outside the city's corporate limits but within the city's planning area shall be determined by the county.
In determining that portion of the cost of off -site improvements which the developer shall be required
to bear, the Planning Commission or Planning Division (where applicable for administrative approval)
shall consider the acreage within the proposed development as a percentage of all the acreage which,
when fully developed, will benefit from the off -site improvements; provided, the Planning Commission
or Planning Division may use a different method of measurement if it determines that use of the
acreage standard will not result in the developer bearing that portion of the cost which bears a rational
nexus to the needs created by the development.
(5) Determining Necessity for Off -Site Improvements.
(a) When a proposed development has access to paved streets or roads only by way of substandard
or unimproved roads or streets leading from the development to the paved streets or roads, the
developer shall be responsible for contributing this proportionate share of the cost of improving
the substandard access roads or streets to existing city or county standards. The developer's
proportionate share of said costs shall be determined by the Planning Commission or Planning
Division (where applicable for administrative approval) in accordance with the provisions of
166.04(A) above.
(b) When a proposed development has direct access to, or fronts on an existing road or street, which
is below current standards, the developer shall be responsible for contributing his/her
proportionate share of the cost of improving said street or road to existing city or county
standards. The Planning Commission or Planning Division (where applicable for administrative
approval) shall determine the developer's proportionate share of said costs in accordance with
the provisions of 166.04(A) above.
(Supp. No. 28)
Created: 2023-03-23 14:01:26 [EST]
Page 1 of 8
(c) Off -site drainage improvements shall be required whenever a proposed development causes the
need for such improvements.
(6) Delayed Improvements. The Planning Commission or Planning Division may determine a required on -
site or off -site improvement shall be delayed or payment -in -lieu contributed instead in accordance
with Chapter 158 of the UDC.
(7) Variances. A variance of off -site improvements may be granted in accordance with Chapter 156
Variances.
(8) State Highways. The developer shall be required to dedicate sufficient right-of-way to bring those state
highways which the Master Street Plan shows to abut or intersect the proposed subdivision into
conformance with the right-of-way requirements of the Master Street Plan. The developer shall be
required to install a sidewalk adjacent to that portion of a state highway abutting the proposed
development; and provided that the Planning Commission or Engineering Division (where applicable
for administrative approval) may waive the sidewalk requirement prescribed by this subsection upon
application by the developer and a determination by the Planning Commission or Engineering Division
(where applicable for administrative approval) that the topography of the proposed development
where it abuts a state highway is such that installation of a sidewalk is not practical. Any other
improvements required of the developer by the Planning Commission or Engineering Division (where
applicable for administrative approval) shall be coordinated with the Arkansas Highway and
Transportation Department.
(B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for
constructing the following minimum improvements.
(1) Property Line Adjustment or Exempted Properties of Less Than or Equal to 1,200 Square Feet of
Impervious Area. No improvements are required unless the action would create or exacerbate a
nonconforming infrastructure situation such as cutting off a lot from public water, sewer, or street
frontage. In such as case the property may not be filed of record until the required infrastructure is first
constructed to city specifications, or a variance or waiver is granted by the Planning Commission.
(2) Building Permit with No Required Grading Review.
(a) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments
and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2,
general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and
Plats. The City Council retains the right to grant a lesser dedication of the right-of-way than is
normally required by the Master Street Plan without the Subdivision Committee's or Planning
Commission's recommendation.
(b) Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or
street access that meets the minimum requirements of the zoning code, and access to public
water and sewer as required by city and state code.
(c) Grading and Storm Drainage System. The developer shall install water quality, flood, and tree
mitigation measures after approval of the corresponding grading and drainage/stormwater
documentation found in §166.02(F).
(i) All drainage facilities shall be so designed to serve the entire drainage area per the
specifications found in Chapter 170 and the current versions of the city's Drainage Criteria
Manual.
(3) Lot Split Building Permit Requiring Grading Review.
(a) Dedication of Right -of -Way. Sufficient right-of-way dedication, to bring those streets which the
Master Street Plan shows to abut or intersect the property into conformance with the right-of-
(Supp. No. 28)
Created: 2023-03-23 14:01:26 [EST]
Page 2 of 8
way requirements of the Master Street Plan for said streets; provided, the Subdivision
Committee or Planning Commission may recommend a lesser dedication in the event of undue
hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City
Council.
(i) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have
been previously approved and accepted as dedications by the Fayetteville Planning
Commission/Subdivision Committee. The City Council confirms the acceptance of all such
streets and alleys dedicated by developers/owners to the city which have been approved
by the Fayetteville Planning Commission/Subdivision Committee.
(b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments
and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2,
General Procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and
Plats.
(c) Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or
street access that meets the minimum requirements of the zoning code, and access to public
water and sewer as required by city and state code. If a lot split would create or exacerbate a
nonconforming situation (such as cutting off a lot from public water, sewer, street frontage, or
street access), the lot split may not be filed of record until the required easement is dedicated
and/or the infrastructure is first constructed to city specifications, or a variance or waiver is
granted by the Planning Commission.
(d) Parkland Dedication. Parks fees shall be assessed for each new residential unit that is constructed
on the additional lot(s) in accordance with the parkland dedication requirements outlined in
Fayetteville Unified Development Code Chapter 166. Said fees shall be paid prior to issuance of a
building permit for construction on the new lot.
(4) Preliminary/Final/Concurrent Plat• Large Scale Development Large or Small Site Improvement Plan.
(a) Dedication of Right -of -Way.
(i) On -Site. Sufficient right-of-way dedication, to bring those streets which the Master Street
Plan shows to abut or intersect the property and new streets proposed interior to the
property, into conformance with the right-of-way requirements of the Master Street Plan
for said streets, shall be approved by the Planning Commission or Subdivision Committee;
provided, the Planning Commission or Subdivision Committee may recommend a lesser
dedication in the event of undue hardship or practical difficulties. Such lesser dedication
shall be subject to approval by the City Council.
(i i) Council Acceptance of Streets and Alleys. The City Council accepts all streets and alleys
located in Fayetteville that have been previously approved and accepted as dedications by
the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms
the acceptance of all such streets and alleys dedicated by developers/owners to the city
which have been approved by the Fayetteville Planning Commission/Subdivision
Committee.
(b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments
and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2,
General Procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and
Plats.
(c) Streets.
(Supp. No. 28)
Created: 2023-03-23 14:01:26 [EST]
Page 3 of 8
(i) On -Site. Widening the street adjacent to the project frontage and construction of all
interior streets to meet Master Street Plan standards. Street grading, base, and paving
according to existing city standards and specifications as adopted by the City Council.
(i i) Off -Site. Street widening and/or new street construction off -site may be required to
address traffic impacts based on the rough proportion and rational nexus of the impacts of
the project. Street grading, base, and paving according to existing city standards and
specifications as adopted by the City Council.
(iii) Private Street Name Signs. Where a structure is addressed on a private street or drive, the
developer or property owner(s) shall be required to install, maintain, repair and replace all
private street name signs. Any private street name sign existing at the time of passage of
this ordinance shall be maintained, repaired and replaced as required by this section. Signs
shall meet the standards of the Manual on Uniform Traffic Control Devices (MUTCD) and
shall be installed at all street/drive intersections. Unless approved otherwise, all signs shall
be retroreflective and utilize a white legend on a green background.
(d) Curbs and Gutters.
(i) On -Site. Curbs and gutters adjacent to the project frontage according to existing city
standards and specifications as adopted by the City Council.
(i i) Off -Site. Curbs and gutters off -site may be required to address drainage and/or traffic
impacts based on the rough proportion and rational nexus to impacts of the project. Curbs
and gutters according to existing city standards and specifications as adopted by the City
Council.
(e) Traffic Signals. As determined to be needed based on the rough proportionality and rational
nexus of the impacts of the development.
(f) Sidewalks.
(i) On -Site. Sidewalks shall be installed along the property street frontage and along new
interior streets according to existing city standards and the Master Street Plan as adopted
by the City Council.
(ii) Off -Site. Sidewalks may be required to be installed off -site based on the rough
proportionality and rational nexus of the impacts of the development.
(g) Streetlights. Standard 8,000 lumen streetlights (or equal alternative approved by the Planning
Division) shall be installed at each intersection or cul-de-sac and along one side of each street or
cul-de-sac at intervals of no more than 300 feet; provided, streetlights of higher intensity may be
required at intersections with collector streets or arterial streets. Developers are encouraged to
utilize high -efficiency (LED or similar) streetlights where possible).
(h) Grading and Storm Drainage System.
(Supp. No. 28)
The developer shall install storm drainage facilities, including drains, sewers, catch basins,
and culverts necessary for the proper drainage of all surface water.
All drainage facilities shall be so designed to serve the entire drainage area per the
specifications found in Chapter 170 and the current versions of the city's Drainage Criteria
Manual.
(iii) All surface water drainage shall be transported to existing storm sewers, drainage facilities,
or natural drainage ditches approved by the City Engineer.
(iv) The City Engineer shall approve all drainage features.
Created: 2023-03-23 14:01:26 [EST]
Page 4 of 8
(v) Culverts and Bridges. Culverts and bridges shall be installed where needed in accordance
with existing Arkansas State Highway Department standards and specifications.
(i) Water Supply.
(i) Accessible Public Water Supply. When an approved public water supply is reasonably
accessible, the developer shall install a system of water mains and shall connect to such
supply so that each lot within the subdivision or development shall be provided with a
connection to said public water supply. All connections shall be approved by the City
Engineer. Individual service lines shall be installed, and individual connections shall be
made prior to the paving of the street, if possible.
(ii) Nonaccessible Public Water Supply. Where an approved public water supply is not
reasonably accessible, any private water supply system proposed by the developer must be
approved by the county sanitarian and the City Engineer in order to assure that the private
water supply system will provide an adequate supply of potable water to every lot in the
subdivision or development. Individual service lines shall be installed, and individual
connections shall be made prior to the paving of the street, if possible.
(iii) Fire Hydrants. Fire hydrants for single-family dwellings and duplexes shall be installed so
that the distance between two (2) consecutive fire hydrants does not exceed 800 feet, and
no lot is more than 400 feet from a fire hydrant. Fire hydrants for apartment complexes,
commercial structures, and industrial structures shall be installed so that the distance
between two (2) consecutive fire hydrants does not exceed 600 feet; provided, the Fire
Chief shall have the authority to require additional fire hydrants upon a determination that
such additional fire hydrants are necessary to provide adequate fire protection. The Fire
Chief shall develop written criteria to be applied in determining whether additional fire
hydrants shall be required.
(j) Sanitary Sewer System.
(Supp. No. 28)
(i) Public Sanitary Sewer Accessible. Where a public sanitary sewer is reasonably accessible,
the developer shall connect with such sewer, and each lot within the subdivision or
development shall be provided with a connection thereto. All connections shall be subject
to the approval of the City Engineer. Individual service lines shall be installed, and
individual connections shall be made prior to the paving of the street if possible.
(ii) Public Sanitary Sewer Not Accessible. Where a subdivision, lot split, or other development
is proposed to utilize either individual septic systems or an onsite wastewater treatment
system the following is required:
(a) Lot Splits Resulting in Lots Less Than 1.5 acres. Prior to the city stamping the lot
split document for approval, a letter from the Arkansas Department of Health is
required verifying approval of soil tests and that the property could be
developed with a septic system.
(b) Prior to the city signing a final or concurrent plat a letter from the Arkansas
Department of Health is required indicating approval of the overall plan for the
utilization of either onsite wastewater systems or individual septic permits.
(c) Existing septic systems, sewage disposal fields (leach fields), alternate disposal
fields required by state law and water wells on -site or off -site within 100 feet
shall be shown on all proposed subdivisions, lot splits, and development plans.
Created: 2023-03-23 14:01:26 [EST]
Page 5 of 8
(d) Community Sewage Systems. The construction of community sewage systems
or decentralized sewer systems shall be prohibited within the City unless
expressly permitted by resolution of the City Council.
(e) Annexation of Community Sewage Systems. Where a community sewage
system is annexed into the city, then the following shall apply:
(1) Unconstructed Systems. The wastewater system shall be designed such
that the entire collection system is a traditional -style gravity sewer
system that carries all wastewater flow to centralized treatment facilities
and shall meet city standards for design construction. The system must
also be designed such that there is one (1) single point of connection
from which a future gravity connection can be made to the city sanitary
sewer system when the latter becomes available. This connection shall be
made at the expense of the owner of the decentralized wastewater
system.
(2) Constructed Systems. Systems constructed prior to annexation into the
city must tie to the city sanitary sewer system when a city sanitary sewer
main is constructed within 300 feet of the community sewage system and
such main is reasonably available to the community sewage system. This
connection shall be made at the expense of the owner of the
decentralized wastewater system.
(k) Trail Linkages/Corridor/Easements. The developer may be required to construct a trail linkage or
corridor or grant a multi -use trail easement for trails shown on the Master Transportation Plan
that abut, intersect, or traverse the project site, if it is determined that the improvements bear a
rational nexus and rough proportionality to the needs created by the development.
(1) Parkland Dedication.
(Supp. No. 28)
(i) Applicability. The requirements of this subsection shall apply to residential lot splits,
subdivisions, large scale developments, planned zoning districts, large scale site
improvement plans, and small scale site improvement plans; provided that these
requirements shall not apply to a lot split or subdivision that does not create one (1) or
more vacant lots on which a residential structure could be erected pursuant to the Unified
Development Code.
(ii) Residential Development.
(a) Dedication or Fee -in -Lieu. When a proposed residential development does not
provide an area or areas for a public park based on the Fayetteville Parks and
Recreation Plan, the developer shall be required to make a reasonable
dedication of land for public park facilities, or to make a reasonable equivalent
contribution in lieu of dedication of land, such contribution to be used for the
acquisition and development of park land that serves the subdivision or
development.
(b) Parks and Recreation Advisory Board. Prior to the submittal of a preliminary
plat, large scale development plan, or large site improvement plan the
developer shall submit to the Parks and Recreation Advisory Board a concept
plat or plan.
(c) Planning Commission. The developer and the Parks and Recreation Advisory
Board shall make a joint recommendation to the Planning Commission as to the
land dedication or contribution in lieu of dedication. In the event that they are
Created: 2023-03-23 14:01:26 [EST]
Page 6 of 8
(Supp. No. 28)
unable to agree, the developer and advisory board shall make separate
recommendations to the Planning Commission who shall determine the issue.
(d) Decision. If the developer proposes to dedicate land for a public park after
consultation with the Parks and Recreation Advisory Board which the Planning
Commission determines is suitable for park purposes, the proposed dedication
shall be accepted. Upon consent and consultation with the developer and the
Parks and Recreation Advisory Board, a developer may dedicate a portion of
the required park land dedication and make a contribution of money in lieu of
land dedication for the remaining park land dedication requirement. With
consent of the Parks and Recreation Advisory Board, this monetary
contribution may be used to develop the park land in the development or
elsewhere within the quadrant consistent with the Fayetteville Parks and
Recreation Plan.
(e) Approval. The Planning Commission's decision must be incorporated into the
developer's preliminary plat, large scale development, or large site
improvement plan prior to plat or plan approval.
(f) Dedication Ratios. Land shall be dedicated at a ratio of 0.023 acres of land for
each single-family dwelling unit and 0.020 acres of land for each multi -family
dwelling unit.
(g) Fee -in -Lieu formulas. A contribution in lieu of land dedication shall be made
according to the following formula:
$1,089.00 for each single-family unit.
$952.00 for each multi -family unit based upon actual density.
The Parks and Recreation Department shall review the contribution formula every
two (2) years and make recommendations to the City Council following such review.
(h) Dedication in Excess. If a developer wishes to dedicate park land which exceeds
the requirement of this subsection, the developer shall make a written request
to the Planning Commission who may grant the developer a credit equivalent
to said excess. Said credit shall be applied toward the developer's obligation
under this subsection for any subsequent development located in the same
park quadrant.
(iii) Timing of Dedication and/or Contribution. All dedications of land must be made before the
city signs the final plat, or issuance of building permits for a large scale development or
large site improvement plan. A final plat shall not be released for recordation until the
deed for a land dedication is received. Deeded land is dedicated public park land and not
subject to any right of reversion or refund. A cash contribution in lieu of required land
development shall be payable before the city signing the final plat, or issuance of building
permits for a large scale development or large site improvement plan. With the approval of
the planning commission a developer may pay such contribution in three (3) equal
installments to be paid in full within one (1) year of final plat approval. If a developer
makes a cash contribution in lieu of land dedication, the developer shall be entitled to a pro
rata refund, together with the accrued interest therefrom, in the event actual density is
less than the density used as the basis for the developer's contribution; provided, no
refund shall be made unless application therefore is made in writing to the Zoning and
Development Administrator within one (1) year from the date of final plat approval. In the
event actual density is more than the density used as the basis for a dedication of land or
Created: 2023-03-23 14:01:26 [EST]
Page 7 of 8
case contribution the developer must make an additional land dedication or contribution in
lieu of dedication.
(iv) Zoning Requirements. Lots created for the purpose of park land dedication shall not be
required to meet the standards for lot size, bulk and area within any zoning district. Lots
created for the purpose of park land dedication to serve the residents of the surrounding
area shall not be subject to POA/HOA dues or other fees established for maintenance or
other purposes within the neighborhood.
(v) Fee -in -Lieu Allocation. All parkland fees received under this subsection shall be deposited in
an interest bearing account. This money together with its earned interest shall be
expended within five (5) calendar years of the last date of the calendar year in which it was
received for the acquisition and/or development of parkland that services the subdivision
or development for which the contribution in lieu of dedication was made. If this money
has not been expended within the allowed period, the unexpended money together with
any of its remaining earned interest shall be refunded to the present owner of the property
that was the subject of the new development and against which the parkland fee was
assessed and collected.
(C) Other Infrastructure Improvements. Other infrastructure improvements may be required where the need for
such improvements is created in whole or in part by the proposed development as determined by the City
Engineer.
(Code 1965, App. C., Art. III, §A(2), (3); Ord. No. 1979, 2-5-74; Ord. No. 2353, 7-5-77; Ord. No. 2755, 9-1-81; Code
1991, §§159.31, 159.32; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4263, 8-1-00; Ord. No. 4660, 12-21-04; Ord.
No. 5152, 7-15-08; Ord. No. 5271, 9-1-09; Ord. No. 5296, 12-15-09; Ord. No. 5374, 12-21-10; Ord. No. 5523, 9-4-
12; Ord. No. 5570, 03-05-13; Ord. No. 6116, §1, 11-20-18; Ord. No. 6166, §§1, 2, 4-2-19; Ord. No. 6195, §1, 6-4-
19; Ord. No. 6350, §3(Exh. B), 8-18-20; Ord. No. 6426, §1, 4-6-21; Ord. No. 6446, §8(Exh. C), 6-15-21)
(Supp. No. 28)
Created: 2023-03-23 14:01:26 [EST]
Page 8 of 8
CITY OF
_ FAYETTEVILLE
ARKANSAS
RFP 23-15
MGT of America Consulting, LLC
MGT of America, LLC
Supplier Response
Event Information
Number: RFP 23-15
Title: Park Impact Study Fee
Type: Request for Proposal
Issue Date: 7/16/2023
Deadline: 8/9/2023 02:00 PM (CT)
Notes: The City of Fayetteville, Arkansas, seeks proposals from qualified
consulting firms to develop a comprehensive Park Impact Fee Study
for the City of Fayetteville. Any questions regarding this solicitation
process shall be directed to Amanda Beilfuss, City of Fayetteville Sr.
Purchasing Agent at abeilfuss@fayetteville-ar.gov or (479) 575-8220.
Contact Information
Contact: Amanda Beilfuss
Address: Purchasing
Room 306
City Hall
113 West Mountain Street - Room 306
Fayetteville, AR 72701
Email: abeilfuss@fayetteville-ar.gov
Page 1 of 2 pages Vendor: MGT of America Consulting, LLC RFP 23-15
MGT of America Consulting, LLC Information
Contact: Malony Allen
Address: 4320 W. Kennedy Blvd, Suite 200
Tampa, FL 33609
Phone: (888) 302-0899
Email: rcvrfp@mgtconsulting.com
Web Address: mgtconsulting.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Bret Schlyer
Signature
Submitted at 8/8/2023 10:04:19 PM (CT)
Supplier Note
bschlyer@mgtconsulting.com
Email
MGT of America Consulting, LLC ("MGT") appreciates the opportunity to provide the City of Fayetteville ("City")
with this proposal for a Park Impact Fee Study as described in RFP23-019.
Requested Attachments
RFP 23-15, Park Impact Fee Study
MGT
Proposal_City_FayetteviIle_lmpact
FeeStudy.pdf
Please attach the signed and completed RFP form, located in the 'Attachments' tab, along with any additional
documents.
Response Attachments
FORMS —CITY OF FAYETTEVILLE_SIGNED.pdf
Required forms have been signed by MGT Signatory Authority.
Bid Attributes
1 Addendum Acknowledgement
By selecting "I agree", you acknowledge that you have read all addendum(s) that have been issued for this
solicitation, if applicable.
❑./ 1 agree
Page 2 of 2 pages Vendor: MGT of America Consulting, LLC RFP 23-15
1p.
Proposal
August 9, 2023
RFP #23-15
Park Impact Fee Study
City of Fayetteville, AR
r]
1
Submitted by:
PATRICK DYER
VICE PRESIDENT, PERFORMANCE SOLUTIONS
3600 AMERICAN RIVER DRIVE, SUITE 150
SACRAMENTO, CA 95864
916.443.3411
Pdver@mgtconsulting.com
'• MGT
_I
CITY OF FAYETTEVILLE
RFP #23-15 1 PARK IMPACT FEE STUDY
AUGUST 9, 2023
Table of Contents
COVER LETTER..........
1
EXECUTIVESUMMARY....................................................................................................3
FIRMPROFILE..................................................................................................................3
EXPERIENCE, ABILITY, AND REFERENCES........................................................................6
MGTADVANTAGES.......................................................................................................... 6
MGT QUALIFICATIONS..................................................................................................... 6
PAST AND CURRENT RELATED EXPERIENCE..................................................................... 7
PROPOSED PROJECT TEAM............................................................................................11
ROLES AND RESPONSIBILITIES....................................................................................... 11
REFERENCES.................................................................................................................. 13
TECHNICAL APPROACH.................................................................................................16
GENERAL APPROACH TO DEVELOPMENT IMPACT FEES REVIEWS AND
NEXUSSTUDIES.............................................................................................................. 16
PROJECT SCHEDULE....................................................................................................... 21
WORKPLAN................................................................................................................... 21
COSTPROPOSAL...........................................................................................................26
APPENDIX.....................................................................................................................28
SAMPLE DATA NEEDS REQUEST..................................................................................... 28
RESUMES....................................................................................................................... 29
REQUIREDFORMS......................................................................................................... 36
Proposal Exhibits
Exhibit 1. MGT's National Cost of Service Experience......................................................10
Exhibit 2. Project Team Org Chart..................................................................................... 11
Exhibit 3. Sample Communications Report......................................................................19
Exhibit 4. MGT's Components to Client Satisfaction........................................................ 20
**A MGT MGTCONSULTING.COM
•• MGT
Cover Letter
August 9, 2023
Amanda Beilfuss
City of Fayetteville
Purchasing Division
Room 306
113 W. Mountain
Fayetteville, AR 72701
SUBJECT: PARK IMPACT FEE STUDY
Dear Ms. Beilfuss:
MGT of America Consulting, LLC ("MGT") appreciates the opportunity to provide the City of Fayetteville
("City") with this proposal for a Park Impact Fee Study as described in RFP23-019. All work to be
completed will satisfy the requirements of §14-56-103 of Arkansas Code Title 14 (the Arkansas Impact
Fee Law). MGT will be the prime contractor for this project, and we will be partnering with David Taussig
& Associates, Inc. ("DTA"), for this engagement. Information throughout this proposal includes data and
capabilities associated with both firms. We believe that the combination of our firms offers the City
solutions that will meet your specific objectives while providing the best overall value.
Our team of experienced and talented professionals will complete your project as a partnership, with
significant stakeholder input. Our success in providing high quality services to cities, counties, and both
state and local government agencies across the nation, has resulted in over half of our business coming
from former clients. We genuinely care about our clients and want to ensure our services are value-added
not only when the project is completed, but also for future decision -making.
PROJECT UNDERSTANDING
Fayetteville, AR is known for its rich natural resources, military history, and community pride. The City
governs services for its approximately 320,000 citizens.
To better meet its park and recreation goals, the City seeks to partner with a consultant to perform a
concentrated and defensible Park Impact Fee Study. The result of this study will 1) incorporate recent
development and changes in the City, and 2) align with the City's recently adopted Parks and Recreation
System Master Plan. This plan acknowledges the history, resources and growth pressures as they relate
to opportunities for improving the City's recreation system.
We look forward to partnering with you for this important effort and exceeding your expectations of the
RFP.
3600 American River Dr, Suite 150 1 Sacramento, CA 95864 1 916.443.3411 1 mgtconsulting.com
COVER LETTER
MGT has thoroughly reviewed the City's RFP and is committed to fulfilling all the requirements within
the timeline expressed by the City in that document. Thank you for the opportunity to submit this
proposal for this important study.
Please contact Bret Schlyer if you have any questions or comments about this proposal (which is valid
for 120 days) at 316.214.3163 or bschlyer@mgtconsulting.com.
MGT has reviewed the RFP Terms and Conditions and takes no exceptions.
MGT Contact Information
Bret Schlyer I Vice President
P 316.214.3163 1 Email: bschlyer@mgtconsulting.com
MGT of America Consulting, LLC
4320 West Kennedy Boulevard ITampa, Florida 33609
P:813.327.4717 1 Fax:850.385.4501 1 www.mgtconsulting.com
F E I N : 81-0890071
I am authorized by our firm to commit MGT to the terms and conditions included in the attached
proposal.
Sincerely,
Patrick J. Dyer, Vice President, Performance Solutions
Authorized to Bind the Firm
0 3600 American River Dr, Suite 150 1 Sacramento, CA 95864 1 916.443.3411 1 mgtconsulting.com
Executive Summary
Firm Profile
Generating an accurate and transparent Park Impact Fee
Study requires years of experience. Firms need a deep
understanding of governmental agencies, building permit
process flows, and the details of how costs are linked to
distinct process steps along the way. MGT of America
Consulting, LLC ("MGT") is uniquely qualified to fulfill the
City's requirements. We have the experience, expertise, and a
proven track record for not only delivering, but exceeding
expectations.
Our history makes the case. MGT began operations in 1974.
As a consulting group, we have delivered more user fee
studies to governmental jurisdictions than all current
competition combined. Our experience with such studies
stretches back to the late 1980s when our senior consulting
staff worked for David M. Griffith & Associates (DMG).
The City deserves a firm with expertise that is second to none.
MGT professionals were present at the creation of the user
fee study industry. Today, our firm leads the way.
The City also deserves a study that delivers value at a
reasonable price. MGT is a financially stable national
consulting firm. We have a strong reputation for delivering
analysis, thoughtful advice, and comprehensive studies on
time and within budget.
MGTFIRM AT A
GLANCE
Name: MGT of America
Consulting, LLC (MGT)
Founded: 1974
Locations: Headquarters in Tampa
Florida; branch offices nationwide
Staff: 500+ consultants with a
deep roster of experienced cost
allocation experts
Structure: Privately held,
employee -owned, client -driven
Limited Liability Company
Lines of Business: Government
Consulting, Education and
Financial Solutions, Diversity and
Inclusion, Human Capital, Cyber
Security and Technology
Our structure as a firm is unique. MGT is a privately held,
employee -owned limited liability company. We have a deep roster of experienced cost allocation
experts, ample resources, and a deep desire to serve the public. It's our people that are the driving force
behind the impact we create. Every member of the firm has a vested interest in the successful
completion of every project, for every client. This mindset is embedded in our culture in is at the heart
of what we do:
We change the communities we serve —for good.
The City seeks to reimagine its Park Impact Fee process and revamp the
associated fee schedules. MGT's understanding of the structures,
operations, and issues facing public agencies will help accelerate project
timelines and generate desired outcomes. For more than 48 years, MGT
has been delivering financial and management consulting services to
state and local governments. Our people have deep experience in the
public sector. We are not the biggest, oldest, or highest profile
consulting firm; just the best for delivering the cost allocation expertise
the City needs.
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.'.'. MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 3
EXECUTIVE SUMMARY
The Social Impact of MGT's Work
Detined by Impact
Development activity is a factor in a healthy economy. The0ity appreciates
�:. this and establishes fees to ensure that the individuals and portions of the
community benefitting from new development investments are paying their
`►" ' ;�� fair share of the costs the City is incurring. We understand the goals of your
impact fees study and how these processes impact the citizens of
i
Fayetteville. Recognizing the end goals and the positive benefit that our
work provides, and not treating these processes as a commodity, ensures
that we are working towards a positive goal with our clients and producing
the best possible outcomes.
/Goals of this Project: Analyze the costs of the City's developmental impact fees. Assist the City
by recommending the appropriate fee justification methodology and fee levels to support specific
types of City -selected capital facilities needed to serve new growth. This approach will align
revenues with the anticipated expenditures associated with further development of the City,
producing general City financial health and fiscal sustainability, which jointly lead to sustainable
community benefits.
'Clear Community Benefit: Setting fee prices to recover cost is fair. It allows applicants to receive
services upon demand and It Insulates taxpayers from having to pay for services that benefit
developers. A well -conceived and managed impact fee program will ensure the City is compliant
with federal and state laws, while protecting and augmenting the City's General Fund. Efficient and
rational financial policies and practices will enhance City services to the public. New facilities, new
programs and enhancements to the community are all leveraged when the general fund is healthy
and properly supported, which this MGT project will ensure. This MGT project will help the City
better serve the citizens of City.
MGT—Dedicated to the Community: We see the Fayetteville community as our community.
The MGT team has worked in the public sector and understands the challenges you face. Our view
and objectives are long-term— for both relationships and solutions. That is why we are deeply
committed to helping you bring out the best in your community. Seeing lives improved is how we
really measure our mutual success.
MGT Presence
MGT's headquarters are in Tampa, Florida, with additional locations across the country.
NATIONAL FIRM LOCAL FOCUS
Alabama New York .❖. M G T
Birmingham NYC
Arizona North Carolina WA
Phoenix Ralegh
California MT ND � ME
South Carolina OR MN
RiYeru enro cowmbia wl
Riverside ID SD ,x.
Tennessee
Carlsbad Nashville WY �
Florida NV NE IA nr2 PA
Tampa HQ Texas OH -
Dallas CO
Georgia Austin KS
1—n son Antonio MO KY
ntlanta Houston #OK AR
nlpharcua Utah NM
Illinois SalttakeCity MS
Chicago Metro t,r inia LA
Indiana g
RlcnmoAK
Gary
Michigan Washington, D.C.
Bay Cry
CITY OF FAYETTEVILLE I AUGUST 9, 2023
�t MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 4
EXECUTIVE SUMMARY
MGT Primary Consulting Divisions
MGT is structured into several primary consulting divisions. The MGT Performance Solutions Group will
be responsible for the completion of this project. This portfolio group combines Financial Solutions,
Human Capital, Government Consulting, and Diversity and Inclusion to provide an integrated team with
subject matter expertise and the financial acumen to help government agencies perform at their best
and thrive. We also have experts in Education Solutions and Cyber Security and Technology.
Capabilities & Solutions
Education Solutions
School Turnaround I Comprehensive Needs Assessment I Strategic Planning I
Facilities Master Planning I Program Assessments I Operational Performance I
Housing Studies I Demographics/Enrollment Studies I Boundary Studies I
Classification & Compensation Studies
Disparity Solutions
Disparity Studies I Organizational Reviews
Diversity, Equity & Inclusion Solutions
DEI Workplace Assessments I Equity Audits I DEI/Racial Equity Strategy, Tools,
& Training
Financial Solutions
Cost Allocation Plans I User Fee Studies I Indirect Cost Rate Proposals I
Pandemic Funding Advisory & Support I Performance Audits
Cyber & Network Solutions
24/7 Managed Detection & Response I End -to -End Firewall Management I
Cloud Security I Penetration Testing
MGT Contact Information
Bret Schlyer I Vice President
6478 Winchester Blvd #124 1 Canal Winchester, OH 43110
P 316.214.3163 1 Email: bschlyer@mgtconsulting.com
MGT of America Consulting, LLC
4320 West Kennedy Boulevard Nampa, Florida 33609
P:813.327.4717 1 Fax:850.385.4501 1 www.mgtconsulting.com
F E I N : 81-0890071
Patrick Dyer I Vice President
2251 Harvard St., Ste. 134 1 Sacramento, CA 95815
P: 916.443.34111 Email: pdyer@mgtconsulting.com
Robert Holloway I Senior Vice President & Chief Strategy Officer
516 North Adams Street I Tallahassee, FL 32301
P: 850.386.3191 1 Email: rhollowav@mgtconsulting.com
A. Trey Traviesa I CEO & Chairman of the Board
4320 West Kennedy Boulevard, Suite 200 1 Tampa, FL 33609
P: 850.386.3191 1 Email: traviesa@mgtconsulting.com
Carla Luke I Chief Financial Officer
4320 West Kennedy Boulevard, Suite 200 1 Tampa, FL 33609
P: 850.386.3191 1 Email: cluke@mgtconsulting.com
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. MGT RFP #23-15 1 PARK IMPACT FEE STUDY
PAGE 5
Experience, Ability, and References
MGT Advantages
MGT consultants are experts in government cost of service studies. We know that the City will look at
many factors in making their decision on this important project and we believe that the following factors
make the difference:
• LOCAL EXPERIENCE — MGT is currently engaged in a cost allocation plan and user fee study with
the City of Fayetteville.
• TRACK RECORD— MGT has a track record around the country of delivering high quality,
innovative, on -time projects.
• STABILITY — MGT has two basic management tenets: (1) retain experienced, high -character
consultants; and (2) assign these consultants to engagements to develop long-term professional
relationships.
• SENIOR LEVEL MANAGEMENT INVOLVEMENT— MGT assigns an executive level consultant to
work directly on all projects; Mr. Schlyer will be directly assigned to this project.
dtaMGT is proud to partner with DTA for this engagement. DTA is a public finance
consulting firm with offices in Dallas and Houston, Texas, Tampa, Florida, Newport
Beach, San Jose, San Francisco, and Riverside, California, and Raleigh, North
Carolina. Since its establishment in 1985, DTA has completed consulting assignments
for more than 3,000 clients in 22 states. During this period, the firm has been involved in the formation
of more than 2,000 public finance districts, with total bond authorizations exceeding $75 billion. DTA is
licensed and registered with the U.S. Securities and Exchange Commission (SEC) and Municipal Securities
Rulemaking Board (MSRB) as a Municipal Advisor (No. 867-01160) and follows all the fiduciary
requirements associated with this designation.
Notably, DTA has worked in the parkland fee space for municipalities nationwide. DTA is also currently
working in both the City and County of El Paso, Texas, as a fiscal and economic consultant for two
separate development projects of 180 homes and a much larger 4,300 homes. This is the County of El
Paso's first district improvement approach to guiding development and receiving community benefits, in
the process establishing support for parkland infrastructure costs and various public improvements,
including a community and recreation center, a splash pad, parks and walking trails, biking paths, and
hiking trails. DTA is working closely with the County of El Paso's Parks and Recreation Division, Public
Works Department, Engineering Department, Financial Advisor, and County residents for this project. In
addition, DTA was just recently hired by Pickens County, South Carolina, to conduct a comprehensive
Countywide impact fee study that shall assess Transportation, Fire, Stormwater, Roads and Bridges,
County Facilities, and Parks and Recreation Fees.
MGT Qualifications
CITY OF FAYETTEVILLE I AUGUST 9, 2023 PAGE 6
... MGT RFP #23-15 1 PARK IMPACT FEE STUDY
EXPERIENCE, ABILITY, AND REFERENCES
User fee studies are one of MGT's core services. Lead staff on our proposed team have over 30 years'
experience performing planning, building, and engineering fee studies — both on the revenue side and
the process improvement/management side.
Expertise and Experience
MGT is thoroughly familiar with all relevant
federal and state of Arkansas Park Impact
Fee requirements. Our expert consulting
team is proficient at managing Park Impact
Fee projects precisely like the one requested
by the City.
MGT also has an outstanding record of past
performance. Our teams are composed of
proven professionals with the goal of providing
the best quality of service while meeting
project schedules and budgets. To review completed projects like the study requested by the City,
please see the References section of our proposal.
Project Management and Communication
Our project management process includes a project schedule with deadlines and a project team with
the availability to meet deadlines. MGT will onboard additional consultants if needed and perform
quality assurance activities throughout the project. To ensure satisfaction for the City, our
communication plan includes:
• Frequent formal and informal correspondence
• Meetings (on -site or teleconference)
• Built-in checks to keep your project on track
Past and Current Related Experience
Impact Fee Experience
DTA, our partnering public finance consulting firm, will be providing impact fee expertise for this
engagement. Each of DTA's impact fee studies includes a cost -benefit analysis and the determination of
nexus between the facilities financed and financing mechanism. DTA has prepared approximately 500
fee justification studies to date for a variety of public improvements, including transportation, water,
sewer and flood control facilities, fire and police stations, parkland, libraries, and other types of
infrastructure. DTA has been performing public facilities fee consulting services for 36 years, since 1987.
DTA has extensive experience preparing Park Impact Fee studies that have withstood legal scrutiny to
the extent that none of our prior studies have been subject to any type of litigation. In addition, DTA
staff has extensive experience working with various stakeholder groups, including public agencies, public
agency municipal staff, residents, local Chambers of Commerce, and other interested parties.
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 7
EXPERIENCE, ABILITY, AND REFERENCES
DTA has a staff of approximately 50 employees, all of whom are directly involved solely in public finance.
Staff members come from backgrounds in several fields, including land development, public
administration, civil engineering, investment banking, economic consulting, redevelopment, law, and
land use planning.
This diversity of experience and expertise allows DTA to meet a wide variety of challenges related to
both the actual work product and client management. DTA's staff members have considerable
experience in computer -based financial analyses and modeling, which is a key component of the firm's
consulting services. This ensures that the development of computer models utilized in the potential Fee
Study will be in experienced hands.
A partial list of the municipal clients for whom we have completed impact fee studies in California in
recent years is provided below. DTA is also currently involved in impact fee engagements in the Town of
Queen Creek, Arizona, Hillsborough County and the City of Riviera Beach, Florida, numerous
municipalities in North Carolina, and Pickens County, South Carolina.
• City of Anaheim
•
City of San Jacinto
• City of Blythe
•
City of San Jose
• City of Brawley
•
City of San Luis Obispo
• City of Calexico
•
City of Santa Ana
• City of Campbell
•
City of Soledad
• City of Cathedral City
•
City of South San Francisco
• City of Cerritos
•
City of Torrance
• City of Chino
•
City of Tustin
• City of Chino Hills
•
City of Upland
• City of Colton
•
City of Victorville
• City of Costa Mesa
•
County of Colusa
• City of Cypress
•
County of Fresno
• City of Desert Hot Springs
•
County of Kings
• City of Escalon
•
County of Pasadena
• City of Firebaugh
•
County of Riverside
• City of Fontana
•
County of San Bernardino
• City of Fowler
•
County of San Francisco
• City of Glendale
•
County of San Luis Obispo
• City of Hesperia
•
County of Santa Barbara
• City of lone
•
County of Santa Clara Fire Department
• City of Kingsburg
•
County of Shasta
• City of Lakeview
•
County of South Santa Clara Fire District
• City of Live Oa
•
County of Yub
CITY OF FAYETTEVILLE I AUGUST 9, 2023
�� MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 8
EXPERIENCE, ABILITY, AND REFERENCES
• City of Los Banos
• City of Manteca
• City of Napa
• City of Palo Alto
• City of Pasadena
• City of Paso Robles
• City of Perris
• City of Red Bluff
• City of Redlands
• City of San Bernardino
• City of San Francisco
• Town of Loomis
• Town of Mammoth Lakes
• Beaumont Cherry Valley Recreation and Parks District
• Denair Community Services District
• El Dorado Hills Community Services District
• El Dorado Hills Fire Department
• Jurupa Area Recreation and Park District
• San Gorgonio Memorial Hospital
• San Gorgonio Pass Water Agency
• South Yuba Transportation Improvement Authority
Management and Cost of Service Experience
MGT annually prepares over 300 cost of service projects each year for local and state governments.
Our clients range from small cities, counties, and districts to the largest urban areas in the nation, as
well as multiple state and U.S. territories.
MGT is thoroughly familiar with all relevant requirements for this project, and the legal issues
surrounding impact fees. With over 50 years of experience in governmental cost determination, the
expert consulting team proposed for your project is proficient at managing projects exactly like the one
being requested by the City. The following table shows a small selection of current MGT cost of service
clients.
• Wichita, Kansas
• Oklahoma City, Oklahoma
• Tulsa, Oklahoma
• Oklahoma County, Oklahoma
• Hillsborough County, Florida
• Fulton County, Georgia
• Mobile County, Alabama
• Muskegon County, Michigan
• Jefferson County, Colorado
• Jefferson Parish, Louisiana
• Johnson County, Kansas
• City of Flint, Michigan
• Orange County, California
• Pasco County, Florida
• Nasau County, Florida
• City of Melbourne, Florida
• Collier County, Florida
• Riverside County, California
• Spokane County, Washington
• Coconino County, Arizona
• New Orleans, Louisiana
• City of Atlanta, Georgia
• Tulsa, Oklahoma
• Colorado Springs, Colorado
• Fulton County, Georgia
CITY OF FAYETTEVILLE I AUGUST 9, 2023
MGT RFP #23-15 1 PARK IMPACT FEE STUDY
PAGE 9
EXPERIENCE, ABILITY, AND REFERENCES
The map below in Exhibit 1 highlights the states where MGT is preparing related cost of service studies.
Our projects are staffed and scheduled to allow for multiple meetings and interviews with department
personnel, to present formal or informal training sessions to project stakeholders or personnel new to
the project, and to provide multiple revisions and reviews of draft plans with designated personnel.
]ft COUNTIES STATES
US VIRGIN ISLANDS
Exhibit 1. MGT's National Cost of Service Experience
Similar Past & Ongoing Projects
City of Palo Alto
Palo Alto, CA
DIF Update
2012-Ongoing
Cost Allocation & Federal
Broward County
Fort Lauderdale, FL
Transportation
2014-Ongoing
Administration
Submission
City of Riviera Beach
Riviera Beach, FL
DIF Update
2021
County of Yuba
Yuba County, CA
DIF Report
2014
Road Infrastructure Surtax
Walton County
Crestview, FL
Performance Review &
2022
Audit
DIF Update; Special Tax
City of Anaheim
Anaheim, CA
Consultant/Assessment
1990 - present
Engineer Services
.❖. M G T
CITY OF FAYETTEVILLE I AUGUST 9, 2023
RFP #23-15 1 PARK IMPACT FEE STUDY
PAGE 10
EXPERIENCE, ABILITY, AND REFERENCES
El Dorado Hills Fee Study; District
Community Services El Dorado Hills, CA November 2016-Ongoing
Administration Services
District
City of Kingsburg I Kingsburg, CA
Proposed Project Team
We believe MGT has designated a project team
for the City's project with exceptional
qualifications for completing the scope of work
and assisting the City of Fayetteville. We intend to
only assign senior consultants with extensive
experience in preparing impact fee studies and
providing high level management and financial
analysis.
This project team has the availability and
bandwidth to successfully complete this project.
The personnel described in our proposal are the
professionals who will provide the services for this
project. The key staff will all be available and
actively engaged in this project for the duration.
The project management team/key team
members assigned to the City of Fayetteville
contract shall not be substituted without the
expressed permission of the City.
Roles and Responsibilities
City of Fayetteville Project Director
DIF Update; Special Tax
CJune 2015-June 2017
Consultant Services
CITY OF
FAYETTEVILLEI
ARKANSAS J
Exhibit 2. Project Team Org Chart
MGT suggests the City appoint a single point of contact to serve as the Project Officer. The Project
Officer will have primary responsibility and final authority over all activities, and he/she will provide
project guidance and direction to the MGT team. The Project Officer will approve the contract, work
plan, and final report. All project correspondence, progress reports, and final reports will be delivered
to the Project Officer.
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 11
EXPERIENCE, ABILITY, AND REFERENCES
MGT Project Executive Patrick Dyer, Vice President, Financial Solutions
The Project Executive will be the primary person responsible for ensuring the resources to conduct
the study are available from start to finish and that the team fulfills all contractual requirements,
produces a quality report, and meets all project deadlines. The MGT Project Executive is the main
point of quality control, has final authority for the project and deliverables, and helps resolve
conflicts over any project issues. Mr. Dyer will address any questions or concerns throughout the
project and will be available to attend on -site interviews, necessary meetings and present the final
report findings to City staff. Mr. Dyer will ensure that the City is unconditionally satisfied with the
services received from MGT consultants.
MGT Project Director Bret Schlyer, Vice President, Performance Solutions
The MGT Project Director will manage the engagement, which includes assigning tasks to project team
members, monitoring all activities, and maintaining frequent contact with the City Project Officer
throughout the lifecycle of the project. Mr. Schlyer will participate in key meetings and presentations.
He will also closely monitor the project timeline against milestones and deadlines.
Ricardo Cepin, CPA, MGT Project Consultant
Consultant Team Richard Ruiz Jr, DTA Project Manager
Steve Runk, PE, DTA Engineer
Hector Perez, DTA Project Consultant
These individuals will work in close contact with MGT's Project Executive, Project Director and key
City officials, as appropriate, to customize and execute each work task and fulfill the City's stated
expectations. This team will be actively involved in data gathering, data analysis, report writing,
follow up phone calls and e-mails. Under the supervision of the Project Director, they will review,
document, evaluate, and generate recommendations in accordance with each component of the
work plan.
Resumes
Resumes of proposed personnel are provided in the Appendix, page 30.
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 12
EXPERIENCE, ABILITY, AND REFERENCES
References
MGT is the pre-eminent firm in analyzing department operations and fees. We have worked with local
governments around the country for decades. We offer the following examples of similar projects.
Projects listed below took place within the last five years:
CITY OF LEANDER
of Leander, TX
iert Powers, Finance Director
West Willis Street, Leander, TX 78646
2)-528-2734
ewers@LeanderTX.gov
5-Present
DTA currently administers three PIDs for the City of Leander, specifically the Oak Creek,
Deerbrooke, and Crystal Springs PIDs. Oak Creek is a 151-acre, 446-residential unit master -planned
community located in the City (Williamson County). Bonds in the amount of $5,200,000 were
issued in 2014.
DTA's implementation responsibilities for the Oak Creek PID include the preparation of annual SAP
updates; parcel database development, maintenance, and updates; the determination of the
annual budget, including detailed financial reconciliation of prior year revenues and expenditures
and assessment installment calculations; payoff calculations and coordination with the trustee
regarding the redemption of bonds from prepayment proceeds; trustee compliance monitoring;
the management of the billing and collection of assessment installments, including the mailing of
collection/reminder letters and assistance to foreclosure counsel; the preparation and
dissemination of Rule 15c2-12 Reports; arbitrage/rebate computation and reporting; and the
preparation of responses to questions from property owners and other interested parties.
Cost: $42,000/FY
TOWN OF TROPHY CLUB
Town of Trophy Club, TX
Mike Erwin, Director of Finance
1 Trophy Wood Drive, Trophy Club, TX 76262
(682) 237-2912
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. M G T RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 13
EXPERIENCE, ABILITY, AND REFERENCES
MErwin@TrophyClub.org
2008-Present
The Town of Trophy Club PID No. 1 encompasses The Highlands, a 697-acre, 1,474 residential unit
master -planned development in the Town of Trophy Club. Bonds for $27,500,000 were issued in
2007.
DTA handles a full range of PID administration services, including the preparation of annual SAP
updates; budget preparation and reconciliation; trust account administration, compliance, and
audit; the review and approval of Improvement Fund disbursement requests; parcel and
ownership change research; the development and update of the parcel database; assessment
apportionment and assessment installment calculations; coordination with Denton County on the
billing and collection of assessment installments; the mailing of collection/reminder letters and
assistance to foreclosure counsel; payoff calculations and assistance to property owners; the
preparation and dissemination of Rule 15c2-12 Continuing Disclosure Reports; and
arbitrage/rebate computation and reporting.
Cost: $20,000/FY
CITY OF RIVIERA BEACH
City of Riviera Beach, FL
Randy Sherman, Director of Finance and Administrative Services
600 W. Blue Heron Blvd., Riviera Beach, FL 33404
RSherman@RivieraBeach.org
(561) 845-4045
April 2021-Present
MGT and DTA are currently updating the City of Riviera Beach impact fee schedule for parks,
recreation, police, fire, library, and transportation services pursuant to the Florida Impact Fees Act.
In addition, DTA has reviewed Florida's 2021 impact fee legislation, HB 337, to provide and
recommend best outcomes and practices for the City. To determine these updated costs, DTA, in
partnership with MGT, has conducted a detailed review of the City's budgets, Comprehensive
Plans, Capital Improvements Plans, Facilities Master Plans, strategic goals, and any additional
expansion of services to the community.
Cost: $$49,000
CITY OF FAYETTEVILLE I AUGUST 9, 2023
MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 14
EXPERIENCE, ABILITY, AND REFERENCES
CITY OF TULSA, OK
City of Tulsa, OK
Jarrod Moore, Interim Budget & Planning Division Manager
175 East 2"d Street, Tulsa, OK 74103
JLMoore@cityoftulsa.org
(918) 526-7809
2010-Present
MGT annually prepares a city-wide cost allocation plan for the City of Tulsa. The plan identifies the
cost of administrative services provided by General Fund departments in support of the City's
Enterprise Funds. The City relies upon MGT's calculations to determine the amount of the transfer
from the Enterprise Funds back to the City's General Fund as reimbursement for the cost of the
services provided.
Cost: $10,000
OKLAHOMA COUNTY, OK
Oklahoma County, OK
Aaron Etherington, Assistant District Attorney
320 Robert S. Kerr, Suite 501, Oklahoma City, OK 73102
Aaron.etherington@oklahomacounty.org
(405) 713-1666
2017-Present
MGT annually prepares a cost of incarceration study for the Oklahoma County Detention Facility.
The study was prepared at the request of the County, until control of the jail changed to the Jail
Trust — MGT's contract is now directly with the Jail Trust.
The study involves identifying all the operating costs of the jail facility, and breaking them down
into components to establish a cost per day for housing adult inmates. MGT then provides
testimony in a hearing with the District Court to present, explain and defend the calculations.
The project concludes with the issuance of an Administrative Order by the District Court to
establish the daily cost of incarceration at the facility.
Cost: $10,000
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 15
Technical Approach
With respect to the Fee Study, the project team would provide all-inclusive professional and technical
support to the City in conducting a comprehensive review of required impact fee levels documented in
the formal Nexus Study. The Final Report would present a fee methodology that satisfies the "rational
nexus" tests used by the courts to determine the legality of development exactions.
General Approach to Development Impact Fees Reviews and
Nexus Studies
In determining a reasonable nexus for each specific type of public facility, the project team will utilize
one or more of the methodologies discussed below depending upon the data and other information
available from the City and its current infrastructure policies. All the fee methodologies employ the
concept of an Equivalent Dwelling Unit (EDU) to allocate benefit among various land use classes. EDUs
are a means of quantifying different land uses in terms of their equivalence to a residential dwelling
unit, where equivalence is measured in terms of potential infrastructure use or benefit from each type
of public facility. For many types of facilities, EDUs are calculated based on the number of residents or
employees generated by each land use class. For other facilities, different measures, such as the number
of service calls, quantity of trip miles, or amount of storm water run-off, more accurately represent the
benefit provided to each land use class. Transportation facilities typically demand EDU calculations
predicated on a per unit or per trip basis.
The three types of fee methodologies used by the project team are based on either an existing
infrastructure plan, a predetermined capacity amount, or a generic standard.
PLAN -BASED FEES
The first method of apportioning fees is based on a "Plan," such as a Master Plan of Facilities, which
identifies a finite set of improvements. These Facilities Plans generally identify a finite set of facilities
needed by the public agency and are developed according to assessments of facilities needs prepared by
staff and/or outside consultants and adopted by the public agency's legislative body. With this
plan -based approach, specific costs can be projected and assigned to all land uses planned in the future,
often with a specific time period in mind that reflects new development projections. In preparing an
impact fee analysis, facilities costs can be allocated in proportion to the amount of demand caused by
each type of future development. It works well when it is difficult to measure the actual service needed
by a land use type or where capacity cannot be directly related to demand. Roads and flood control
improvements are examples where plan -based fees are often used. These fees are typically per unit
assessments.
CAPACITY -BASED FEES
A second method of fee assessment is based on the "capacity" of a service or system, such as a water
tank or a sewer plant. This kind of fee is not dependent on a particular Land Use Plan (i.e., amount or
intensity), but rather it is based on a rate or cost per unit of capacity that can be applied to any type of
development as long as the system has adequate capacity. This type of fee is useful when the costs of
MGT CITY OF FAYETTEVILLE I AUGUST9, 2023 PAGE 16
RFP #23-15 1 PARK IMPACT FEE STUDY
TECHNICAL APPROACH
the facility or system are unknown at the outset, but it requires that the amount of capacity used by a
particular land use type be measurable or estimable. Capacity -based impact fees are assessed based on
the demand rate per unit. This type of fee would most typically be assessed for water or wastewater
systems.
STANDARD -BASED FEES
A third method of assessing fees is based on "standards" where costs are based on units of demand.
This method establishes a generic unit cost for capacity, which is then applied to each land use per unit
of demand. This methodology provides several advantages, including not needing to know the cost of a
specific facility and/or how much capacity or service is provided by the current system or having to
commit to a specific size of facility.
In preparing its analysis, the project team will apply one or more of these three methodologies to each
facility type to generate applicable fee levels. However, the results of our quantitative analysis will be
tempered by real -world factors to be at least considered by the City prior to the adoption of revised fee
levels.
For example:
• How do the proposed fee levels compare with those imposed in neighboring jurisdictions? Do
any of the fee components need to be substantially modified or eliminated?
• Will the calculated fee levels be so high they discourage future development? If so, the list of
needed facilities could be shortened, with more facilities being assigned to individual
development projects through conditions of approval, so they are not funded through the City's
fee program and, therefore, fee levels can be decreased.
• Should a "fee credit" program be established for developers who build or oversize facilities on
the City's facilities needs list?
• Should the automatic fee escalator be reviewed to possibly further mitigate the impacts of
inflation on the fee program prior to the preparation and adoption of the next fee program by
the City?
These questions and related issues will be discussed during the kickoff meeting and affect the
implementation of the scope of work.
Staffing Commitments and Capacity
MGT is committed to providing responsive service and understands that time is money. Our current
workload will not hinder our ability or commitment to provide the City with the same quality and timely
service as received by all of our clients. Each proposed team member is available to begin your project
upon receipt of a signed contract.
Should additional resources become required throughout the course of providing services, or should the
project schedule become accelerated, MGT can draw from the expertise and resources of our entire
firm of 100+ employees to help meet your needs. We will commit the resources necessary to get the job
done.
CITY OF FAYETTEVILLE I AUGUST 9, 2023
�� MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 17
TECHNICAL APPROACH
We have thoughtfully brought together a team to provide outstanding services in a responsive, cost-
effective, innovative and creative manner to the City. This high-powered team provides the City with the
local knowledge and experience needed and covers the range of projects that may arise under this
contract.
MGT and DTA have several projects similar to this scope/RFP concurrently being completed. MGT has
40+ experts and DTA has 45+ public finance professionals that are capable and have the capacity to
assist on the City project. Most project consultants have 2 to 3 active projects that they are assigned to
that are in various stages of completion. The proposed team is available to start the project immediately
and has the capacity to meet the timelines requested by the City.
Cost Control
Our most effective form of cost control is our commitment to continuous communication and adhering
to sound project management principles.
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 18
TECHNICAL APPROACH
Effective and Continuous Communication
Effective and continuous communication between the MGT Project Director, the City Project Officer,
MGT team members, and stakeholders is one of the most critical aspects of project management. The
MGT Project Director will actively seek input and feedback from the City Project Officer and key
stakeholders at each stage of this study. MGT's Project Director will regularly communicate information
about the study's progress and problems which may arise before becoming a larger issue. A sample of
the communications report we use frequently is shown in Exhibit 3.
Project Management
Each of our proposed senior level consultants is
an expert in applying various project
management methods and techniques to our
projects. This expertise is rooted in completing
hundreds of fee studies, many for jurisdictions
similar in size to the City. Additionally, all MGT
consultants attend regular peer group reviews
and training sessions to continuously refine
project management and client service
knowledge and skills.
Our approach is to jointly establish a framework
of firm timelines and milestones with each client
based on that client's unique circumstances and
needs. Aside from fixed deadlines and
milestones, however, the framework is flexible
to accommodate each client and even each
annual project for recurring clients.
MGT's project management process and client
satisfaction components are graphically
represented below in Exhibit 4. We have found
that focusing on these six components of client
satisfaction ensures that the work is properly
performed and that milestones are met on
**i*i MGT
CONSULTING GROUP
March 23.2018
Mary Ann Fotnos, Deputy Dnector
c sty of Ph—
Ptannnng S Development Department
Manaaenent Sernces
200 W. Washnyton Street. 3� Floor
Ph—, AZ 85003
Dear Mary Ann
The tol o—g table n a wtus report for the plannn; and de.elopnnent depuunent ucer fee atudy
project. It n intended to pre you up to date nlormatson about the status of the protect dentdy
m le%tones ach—d and those it,11 to be met. and M6hkght any nsues that nay need wnnwd ate
Atennon.
Sta" Report s:
2
Protect
Plameve n` S Development Dept. U— Fee Study
Protect start date:
December 2017
Proposed —Viet— date:
March 2019
Eumated Wr pkaan date:
March 2019
Estmate of conpktan:
20%
Exhibit 3. Sample Communications Report
schedule and within budget. The primary tool for delivering each of the components is communication.
Our project teams are in regular contact with the project executive, providing project status updates and
explaining any variances from the planned schedule. Additionally, MGT is committed to regular client
contact through client meetings and formal status updates at regular intervals.
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. MGT RFP #23-15 1 PARK IMPACT FEE STUDY
PAGE 19
TECHNICAL APPROACH
MGT Client Satisfaction Components
Initial Project Responsiveness
and Flexible to
Planning Client Concerns
Assignment
of Quality
Staff
i,�1
Satisfied
Client With
Quality
Product
Timely
Performance
Quality Review
Communication through
Throughout the ......... Comparative
Project Lifecycle Variance Analysis
Exhibit 4. MG7 s Components to Client Satisfaction
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. M G T RFP #23-15 1 PARK IMPACT FEE STUDY
PAGE 20
TECHNICAL APPROACH
Project Schedule
Shown below is MGT's proposed schedule for the engagement. We will work with the City to develop
clear internal deadlines at the beginning of the project and combine that with intentional and structured
communications. MGT concurs with the City's requirement that the initial term for this project will start
after City Council approval of the contract, with completion in 6 months.
The project team will review available documents (Parks Master Plan, CIP, U.S. Census data,
development/permits history, budget/community surveys, etc.) prior to contract award so we can
understand the issues of growth and service. Notably, we shall provide ongoing communication,
education, and outreach throughout the duration of the project. The project team is able to begin
work with minimal notice. After the kickoff meeting, the City and project team may agree to expediate
this project within the 180-day timeframe.
Development ofrFM9"TFFMy and Project
`1.
1 Initiation
2. Develop Population and Dwelling Unit Projections
3. Review Facility/Capital Needs and Levels of Service
4. Develop Methodology for Calculating New Fee
Amounts
5. Determine Fee Levels
6. Prepare Draft and Final Reports
7. Outline Tasks Required forthe Implementation and
Administration of the Fee Program
8. Attend Meeting and Public Outreach
Work Plan
Work products stemming from the work plan described in this section will include a memorandum
(memo) summarizing the fee methodology options and Draft and Final Administrative Reports.
The project team has an enviable reputation for producing high -quality work in a quick and efficient
manner to correspond with even the most aggressive project schedule. Our clients also receive high
levels of personal attention from senior staff, with senior management always available to meet with
public agency staff and other groups.
Task 1.0: DEVELOPMENT OF PROJECT STRATEGY AND KICKOFF MEETING
Project team staff will meet with City staff in a project kickoff meeting to finalize the details of the project,
deliverables, timetables, and tasks, discuss the fee methodologies and best practices, identify needed
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. M G T RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 21
TECHNICAL APPROACH
information (i.e., reports, project/needs lists, stakeholder groups, data, etc.), prepare the final schedule,
discuss the public process, and resolve other concerns, as appropriate.
Task 2.0: DEVELOP POPULATION AND DWELLING UNIT PROJECTIONS
The project team will compile and document existing and future population and development estimates
for the City. The projections resulting from this task will ultimately calculate fee levels. At this stage, the
team will evaluate City resources, influences, all factors affecting the existing Fee Study, and pertinent
impact fees as outlined by the City.
This task comprises four subtasks.
SUBTASK 2A — POPULATION PROJECTIONS
The project team will gather existing information on present and future population for the City from
various sources, including City staff, the General Plan, existing Master Plans, the Park Land
Dedication (PLD) Ordinance, the State Department of Finance and Administration, the U.S. Census,
and other data sources, including the City's Capital Improvement Program (CIP).
SUBTASK 2B — CONDUCT ENTITLEMENT RESEARCH AND PROJECTIONS
The team will coordinate with the City Development Services Department to determine existing and
future residential and non-residential development within the City over the planning horizon (5
years, or otherwise). To complete this subtask, we will:
Review the General Plan/CIP and related plans to determine expected development
land use patterns in the City;
■ Review City records to identify existing entitlements for dwelling units and
commercial/industrial development; and
■ Project the number of new dwelling units and commercial/industrial development
based on existing entitlements and population projections through 2035, or such other
target year as selected by City staff.
SUBTASK 2C — REVIEW CURRENT CITY FEE STRUCTURE
The project team shall review and summarize the City's current development fee structures, City
policies and procedures, and other regulatory requirements affecting potential fee structures and
revenue program requirements.
SUBTASK 2D — REVIEW PRIOR CITY FEE JUSTIFICATION STUDIES
The project team shall review the approach and methodology utilized in prior City fee justification
studies so they can be evaluated in light of the City's current needs.
Task3.0: REVIEW FACILITY/CAPITAL NEEDS AND LEVELS OF SERVICE
This task entails the review of the facilities and capital needs required to serve new development in the
study area projected in Task 2. The team will use existing City materials (and any relevant Developer's
Facilities Reports) as base documents and focus our effort on updating this information.
CITY OF FAYETTEVILLE I AUGUST 9, 2023
�� MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 22
TECHNICAL APPROACH
For any fee program to be comprehensive in its scope, it is necessary to complete a thorough
identification and review of all the facilities that will be impacted by additional growth, including those
already discussed in the General Plan or CIP. This task will require close coordination with all appropriate
City departments.
SUBTASK 3A — SURVEY/INTERVIEW CITY STAFF
We shall survey/interview City staff to review projected facilities in the City, along with major
equipment needs, the timing at which improvements will be needed, and any physical data that
would assist in developing the costs estimated below in Subtask 3C. Based upon the results of the
surveys and interviews, we will verify and, if appropriate, expand the list of new facilities found in
the General Plan/CIP to be included within the fee program for the City.
SUBTASK 313 — FACILITIES LIST
Based on the information collected in Subtask 3A, we shall prepare a facilities needs list that details
the new facilities and equipment to serve new development in the City.
SUBTASK 3C — REVIEW COST ESTIMATES
The project team's engineering and technical staff will, as necessary, consult with City department
heads and/or engineering staff or equivalent to ascertain and understand in-house cost data for
existing and projected facilities and equipment, apply inflation and cost -of -living escalators to the
list of projected public facilities to determine future costs, review and/or refine existing cost data,
examine major sources of revenue to fund the construction of new public facilities, and provide a
proportional estimate between projected costs for new facilities and projected revenue from
mitigation fees and other sources.
Task4.0: DEVELOP METHODOLOGY FOR CALCULATING NEW FEE AMOUNTS
This task entails developing the methodology used to establish the fee amount for each fee component
to the extent appropriate. There are two critical issues that must be considered in developing a fee
program. The fee program must generate revenues in a timely manner and the methodology must meet
the nexus or benefit requirements. Since fees of any sort are controversial, it is critical that any fee
established be legally defensible.
The project team's Fee Study methodology must meet nexus or benefit requirements, which necessitate
that there be a nexus between the fees imposed, use of the fees, and development projects on which
the fees are imposed. Furthermore, there must be a relationship between the amount of the fee and
the cost of the improvements. In order to impose a fee as a condition for a development project, the
methodology must:
■ Identify the purpose of the fee;
■ Ascertain the use to which the fee is to be put (if the use is financing public facilities, the
facilities must be identified);
■ Determine if there is a reasonable relationship between the fee's use and type of
development project on which the fee is imposed; and
■ Identify if there is a reasonable relationship between the need for the public facility and
the type of development project on which the fee is being imposed.
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. M G T RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 23
TECHNICAL APPROACH
Implicit in these requirements is a stipulation that a public agency cannot impose a fee to cure existing
deficiencies in public facilities or improve public facilities beyond what is required based on the specific
impacts of new development. The benefit methodology established in this task will be documented in
the Final Report.
The project team shall prepare a memo to City staff summarizing available methodologies and their
respective pros and cons and providing detailed examples of other cities' or agencies' impact fee
programs. Methodologies to review will include programs based on auto vehicle trips, all mode trips
(e.g., auto, transit, bike, walk), square footage, household units, etc. The memo will also discuss, as
applicable, context -sensitive and transportation demand management adjustments and "credits" for
capital improvements required as part of a project application. The project team will recommend a Fee
Expenditure Plan to ensure that projects can be fully funded and implemented within any required time
limits for expenditures of such funds and possible flexibility to allow collected fees to be used to provide
the City with a match for grant applications. Finally, the memo will include recommendations for
methodology and next steps. Upon review and discussion by City staff, a methodology will be selected.
Deliverable: Memo Summarizing the Fee Methodology Options
Task5.0: DETERMINE FEE LEVELS
This task entails calculating the fee amounts based upon the dwelling unit and commercial/industrial
development projections completed in Task 2, facilities needs and costs determined in Task 3, and
methodology selected in Task 4.
SUBTASK 5A — CALCULATE RECOMMENDED FEE AMOUNTS
We shall calculate fees for the City by inputting the data compiled under the preceding tasks and
computing each fee to be levied. This work will be done in a spreadsheet format that can be
updated annually.
We will also evaluate this data in comparison to surrounding jurisdictions so as to arrive at
comparable and acceptable fee levels.
SUBTASK 513 — DOCUMENT FEE DERIVATION
We shall document the methodology utilized for the fee calculation model that can be understood
by the City and public. We shall prepare written statements documenting the validity of the
methodology for deriving each of the fees for the City. These statements will be made to meet the
requirements of the Arkansas Impact Fee Law and documented in the Final Report discussed below.
Task 6.0: PREPARE DRAFT AND FINAL REPORTS
This task entails the preparation of the Draft and Final Reports for consideration by the City Council and
City staff.
SUBTASK 6A — PREPARE DRAFT REPORT FOR COMMENTS
Based on the work completed in Tasks 1-5, DTA will prepare the Draft Report for review and
consideration by City staff. The Draft Report will be prepared under the standards of State statutes
CITY OF FAYETTEVILLE I AUGUST 9, 2023
�� MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 24
TECHNICAL APPROACH
and is expected to include an executive summary, population projections, a facilities and
improvements list, areas of benefit (if applicable), fee calculations, recommended fee levels, and the
suggested process for keeping fees current. The report shall also contain full fee schedule tables
showing input data and interim calculation results, as well as abbreviated fee schedule tables.
SUBTASK 6B — PREPARE FINAL REPORT
Based on the incorporation of City staff comments and concerns on the Draft Report, we will
prepare the Final Report for presentation to the City Council and City staff.
Deliverables: Workshop with the City Council; Draft and Final Reports
Task 7.0: OUTLINE TASKS REQUIRED FOR THE IMPLEMENTATION AND
ADMINISTRATION OF THE FEE PROGRAM
The project team will prepare a list of tasks required of the City once they have adopted their new fee
program. These tasks include the determination of actual fee levels if the City decides not to impose the
maximum fee levels allowed under the Fee Study, the implementation of the fee credit program, and
other issues the City may face when implementing the fee program. In addition, we shall prepare a Draft
Ordinance to adopt the fee program, subject to review and approval by the City's legal counsel.
Task 8.0: ATTEND MEETINGS AND PUBLIC OUTREACH
This task entails attendance at meetings/workshops, including the kickoff meeting with staff (virtual or
on -site), progress meetings as needed (virtual or on -site), up to two City Commission workshops (on -
site), and up to two City Council meetings/public hearings.
Deliverable: Final Presentation
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. M G T RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 25
Cost Proposal
._Title
Hourly Rate Est.
Hours
Total Cost
President/MD
$290
1
$290
Task#1: Development of Project
Vice President
$250
7
$1,750
Strategy and Kickoff Meeting
Senior Manager
$210
5
$1,050
Senior Associate
$200
7
$1,400
Associate II
$165
1
$165
21
$4,655
President/MD
$290
0
$0
Task#2: Data
Vice President
$250
2
$500
Collection/Background Review
Senior Manager
$210
4
$840
Senior Associate
$200
7
$1,400
Associate II
$165
3
$495
16
$3,235
President/MD
$290
1
$290
Vice President
$250
4
$1,000
Task #3: Additional Review
Senior Manager
$210
4
$840
Senior Associate
$200
8
$1,600
Associate II
$165
1
$165
18
$3,895
President/MD
$290
0
$0
Vice President
$250
7
$1,750
Task #4: Growth Analysis
Senior Manager
$210
7
$1,470
Senior Associate
$200
8
$1,600
Associate II
$165
2
$330
15
$5,150
President/MD
$290
1
$290
Vice President
$250
3
$750
Task #5: Impact Fee Methodologies
Senior Manager
$210
5
$1,050
Senior Associate
$200
7
$1,400
Associate II
$165
5
$825
21
$4,325
President/MD
$290
0
$0
Task#6: Review Findings with City
Vice President
$250
2
$500
Staff
Senior Manager
$210
8
$1,680
Senior Associate
$200
10
$2,000
Associate II
$165
4
$660
24
$4,840
President/MD
$290
0
$0
Task#7: Prepare Draft and Final
Vice President
$250
4
$1,000
Summary Technical Report
Senior Manager
$210
8
$1,680
Senior Associate
$200
12
$2,400
Associate II
$165
4
$660
28
$5,740
President/MD
$290
0
$0
Task #8: Attend Four (4) Additional
Vice President
$250
4
$1,000
In -Person and Virtual Meetings and
Senior Manager
$210
4
$840
Public Outreach
Senior Associate
$200
4
$800
Associate II
$165
0
$0
12
$2,640
President/MD
$290
3
$870
Vice President
$250
33
$8,250
Total Not to Exceed
Senior Manager
$210
45
$9,450
Senior Associate
$200
63
$12,600
Associate II
$165
20
$3,300
Subtotal
164
$34,470
Out -of -Pocket Ex•-$1o034
Total•
to Exceed
$35,504
CITY OF FAYETTEVILLE I AUGUST 9, 2023
�� MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 26
COST PROPOSAL
Hourly Billing Rates
Additional services requested that fall outside the scope of this project shall be provided on a time -and -
materials basis using the combined blended rate of $225/ hr., with all expenses billed at cost subject to
pre -approval. The hourly rate schedule is part of MGT's quote for use in invoicing for progress payments
and for extra work incurred that is not part of this RFP.
Method of Payment
MGT will provide monthly invoices to the City based on the number of hours and travel costs incurred
each month.
Project Assumptions
Our work plan and proposed fee for this project were developed with several key assumptions about the
project. Changes to these assumptions may impact either or both our methodology and proposed fee.
We welcome the opportunity to meet with the City to review these assumptions, validate or adjust
these assumptions based on more complete information, and adjust the work plan and/or budget
accordingly.
Below, we present our assumptions:
• The City will designate a Project Officer for this project. This person will function as the primary
point of contact for the project, and coordinate and facilitate the flow of information and
communication between the City, key stakeholders, and MGT.
• The City Project Officer will ensure that comments on draft documents are consolidated into a
single document and any conflicting comments are reconciled before delivering the comments
to MGT.
• MGT will have access to and cooperation and participation by staff and management. MGT
expects to have reasonable, timely access to City personnel and data. If the City stops the
project for any reason, MGT will be due all fees for services performed to date.
• If necessary, meeting facilities will be arranged for and used at the expense of the City. The City
will provide all requested documents at its own expense.
CITY OF FAYETTEVILLE I AUGUST 9, 2023
MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 27
M
Appendix
Sample Data Needs Request
The project team, comprised of two national consulting firm, has been retained by the City to review its
Park Impact Fee program. This memorandum ("memo") serves as the data request for the information
that the project team requires in order to complete this review. Please return the following information
to the project team via email to hector@financedta.com:
1. Any existing fee studies or analyses related to Park Impact Fees that have been implemented
within the last 5 years;
2. Copies of any fee ordinances and/or resolutions (enabling legislation) related to the
implementation of Park Impact Fees;
3. Staff Reports that contain any information related to proposed, approved, and/or implemented
Park Impact Fees;
4. Documentation related to the City's Park Impact Fee collection guidelines and schedules;
5. The most recent Annual and/or Five -Year Park Impact Fee Report for the City;
6. An inventory of existing park facilities (and equipment) by park type (open space, regional,
neighborhood, pocket, etc.);
7. A list of all proposed improvements to existing park facilities and/or planned facilities intended to
serve projected future development, including the following:
a. Expected land acquisition and construction costs for any future park development
projects;
b. Documentation of the location (street origination/points of connection), size
(acreage/square footage/length/lane miles/diameter for piping), and unit cost for any
proposed park facility improvements;
c. Site plans, maps, schematics, Geographic Information System ("GIS") information, etc.,
related to any proposed park facilities; and
d. Estimated timeline for expected build -out of any projected future park facility
development;
8. Information on the City's existing standard of service per 1,000 City persons (or the relevant open
space ratio requirement, such as acres per 1,000 persons);
9. List of any offsetting revenues that can be applied to the planned park development costs (such
as existing fund balances, grants, etc.);
10. Documentation of the use of funds that the City has collected through any Park Impact Fee
program, including fund balances and documentation of any transfer of Park Impact Fees to other
funds;
11. A copy of the City's current General Plan or relevant Master Plan, such as a Parks Master Plan;
MGT CITY OF FAYETTEVILLE I AUGUST 9, 2023 PAGE 28
RFP #23-15 1 PARK IMPACT FEE STUDY
APPENDIX
12. Current information on present and future population and employment data for the City;
13. Building permit data;
14. Comprehensive Annual Financial Reports ("CAFRs") for 5 years;
15. Financial Audit Reports (including management letters) for years 5 years;
16. Bond documentation related to Revenue/General Obligation Bonds or any other financing
mechanism to support existing and future parks.
Please note that following an initial review of the information provided, DTA may need to request
additional information.
Resumes
Detailed project team resumes including experiences and expertise are included on the following pages.
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. M G T RFP #23-15 1 PARK IMPACT FEE STUDY
PAGE 29
APPENDIX
PATRICK J. DYER
Vice President I Performance Solutions
Mr. Dyer has over 20 years of professional experience in government operations. He
has worked with city, county, state, special district, joint powers authority government
agencies on cost accounting and state mandated cost claiming projects during his
twelve-year consulting tenure. Mr. Dyer's most recent consulting projects focus on the
following areas: development user fee calculations, Federal Emergency Management
Agency (FEMA) guidance and claiming, regulated cannabis/marijuana studies, city and
transit agency cost allocation plans and state mandated cost consulting (specific to CA).
Areas of Expertise
• California State Mandate Reimbursement (SB 90)
• Cost Allocation Plans, Software & Training
• Indirect Cost Rate Proposals
• Cost of Service / User Fee Studies
• Daily Jail Rate, Booking Fee Analyses
• Animal Care, Shelter, Enforcement Operations
Costs, and Fees
• Elections Program Operations and Cost Accounting
• Transit Agency Cost Allocation and Indirect Costs • Expert Witness on Cost/Fee Lawsuits
• Federal Negotiations and Audit Defense (FTA, FAA, • Clerk, Recorder and Elections Fees/Operations
HSA) • FEMA Claiming & CARES Act Funding
• Mental Health Funding Sources (AB 3632) • State Agency Fee Studies & Outreach
• Development Impact Fee (DIF) Calculations • Education Funding & Fiscal Sustainability
Education
Bachelor of Science, Business Administration (Finance), California State University Sacramento
Professional Experience
MGT of America Consulting, LLC, Vice President, August 2007-Present
Public Resource Management Group, LLC, Senior Consulting Manager
MAXIMUS, Inc., Project Manager
City of Davis, Finance Department, Revenue Collections Customer Service Coordinator
Leadership Expertise
Mr. Dyer is a senior member of MGT's leadership team. His duties as Vice President include direct project
work in addition to a variety of management and administrative items. Mr. Dyer's business development and
administrative duties include the following:
• Sales, marketing, and budget oversight for a practice of $4.0 million of consulting engagements
• Administer contracts, agreements and insurance requirements
• Staff reviews, supervision and workload analysis for 15 consulting professionals
• Coordinate, write, review, respond to complex government RFPs
Professional History
Prior to beginning his consulting career, Mr. Dyer spent over ten years with the City of Davis, most recently
holding the position supervising the Finance Department staff handling all City revenue collection, loans,
parking citation billing, 15,000 utility billing accounts and the City's 5,000 business licenses. Mr. Dyer also
completed a successful pilot data capture program between the City of Davis and the State of California
Department of Motor Vehicles to develop a virtual private network to exchange vehicle owner information
and streamline parking collection processes for local government.
While at the City of Davis, Mr. Dyer held the position of President with the Davis City Employees Association,
a labor union for approximately 300 of the City's miscellaneous employees. While holding that position, Mr.
Dyer gained valuable experience related to employer -employee contracts (MOUs), labor relations law,
collective bargaining, class/comp studies and compensation analysis.
CITY OF FAYETTEVILLE I AUGUST 9, 2023
�� MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 30
APPENDIX
BRET SCHLYER
Vice President I Performance Solutions
Mr. Schlyer has more than 25 years of experience assisting state and local government
clients. His work and consulting project experiences have provided him with both
theoretical and practical experience in the analysis and costing of governmental
operations. He has extensive experience with federal cost determination standards;
generally accepted accounting principles and procedures; and governmental
budgeting, finance, accounting, and operations.
Mr. Schlyer is nationally recognized as an authority on federal cost principles and its
impact on state and local governments. He has made numerous presentations to and
published articles for governmental organizations on the development and application
of federal cost allocation plans, indirect cost rates, charge -back rates, and compliance with federal cost
principles. He has provided training at several state Association of Governmental Accountants and
Governmental Finance Officer Association professional development conferences. In addition, he has given
presentations on federal costing principles, cost analysis, and cost recovery subjects to state agencies and
local entities in more than a dozen states.
Areas of Expertise
• Cost Allocation Plans (CAPS) in accordance with
federal cost principles (2 CFR Part 200) and
generally accepted accounting principles (GAAP)
• Statewide Cost Allocation Plans (SWCAPs).
• Indirect Cost Rate Proposals (ICRPs).
• Development and negotiation of charge -back rate
methodologies and rates for Internal Service Funds.
• Daily Jail Rate, Booking Fee Analyses
• Indirect cost policies, procedures, and models for
sub -grantees.
• Activity based cost of services and user fee studies
• Assisting agencies in maximizing general fund cost
recoveries from federally funded programs,
enterprise and special revenue funds, and other
non -general fund sources
• Development and implementation of personnel
activity reporting systems
Education
Bachelor of Science, Business Accounting, University of Kansas
Professional Experience
MGT of America Consulting, LLC, Vice President, Financial Solutions, 2008-Present
Maximus, Inc., Director, Financial Services Division
David M. Griffith & Associates, LTD. (DMG), Consultant
Kansas Corporation Commission, Administrative Officer
State Government Expertise
Mr. Schlyer has extensive experience and knowledge of 2 CFR Part 200 and its application and relevance to
state governments in a variety of settings including the development and negotiation of cost allocation plans
(CAP), statewide cost allocation plans (SWCAPs) and indirect cost rate proposals (ICRP). He also has
experience with implementing and administering random moment sampling systems, and rate setting and
administrative claiming for the Medicaid program.
Local Government and Not -For -Profit Expertise
Mr. Schlyer has significant experience with local government and not -for -profit cost recovery operations. His
experiences have included managing and preparation of indirect cost rate proposals (ICRP), cost allocation
plans (CAP) in accordance with 2 CFR Part 200 and GAAP for the identification of general fund costs provided
to non -general fund entities, charge -back rates for billed services, and user fee studies. He has successfully
negotiated CAPS and ICRPs with the over a dozen federal cognizant agencies including the U.S. Department of
Health and Human Services, Department of Interior, Department of Labor, Housing and Urban Development,
Department of Education, Department of Agriculture, and the Department of Justice.
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. M G T RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 31
APPENDIX
RICARDO CEPIN, CPA, CFE
Manager, Principal Auditor I Performance Solutions
Mr. Cepin, a Manager for MGT, is a skilled audit and accounting professional with over
eight years of experience conducting financial, operational, compliance, and
performance audits. He is a detail -oriented team member and has proven success in
conducting accurate appraisals of state and local agencies with conditions and financialii
controls.
J.Ai.
Areas of Expertise
• Data Analytics
• Fluent in Spanish
Education
M.B.A., Florida State University, 2019
B.S., Accounting, University of South Florida, 2007
Project Experience
• Alachua County School District (FL) I Performance
Audit
City of Charlottesville (VA) I Disproportionate Minority
Study
City of Dallas (TX) I Availability and Disparity Study
City of Fort Lauderdale (FL) I Disparity Study
• City of New York City (NY) I Local Hiring Study
City of Port St. Lucie (FL) I User Fee Study
City of Safety Harbor (FL) I Building Permit Application
Review Fee Study
City of Scottsdale (AZ) I General IT Controls Audit
City of Tallahassee (FL) I Disparity Study
• City of Winston-Salem (NC) I Disparity Study
County of Broward (FL) I Performance Audit
County of Collier (FL) I Performance Audit
• County of Garfield (CO) I Uniform Guidance Compliance
Review
County of Maui (HI) I Fiscal and Performance Audit
• County of Okaloosa (FL) I Performance Audit
County of Orange (CA) I Capital Project Performance
Audit
• County of Peoria (IL) I Cost Allocation Plan
County of Riverside (CA) I Performance Audit
County of St. Lucie (FL) I Performance Audit
• Experience in FLAIR Accounting software and
AutoAudit
Professional Affiliations
Certified Public Accountant (CPA), licensed in Florida - 2015
Certified Fraud Examiner (CFE) - 2016
• Florida Office of Program Policy Analysis and
Government Accountability I Florida Clerks of Court
Organizational Review
• Franklin County School District I Performance Audit
Gwinnett County Public Schools (GA) I SPLOST Audit
Review (Annual/Ongoing)
• Hendry County School District I Performance Audit
Indiana Department of Administration I Emergency
Management Services: Gary Community School
Corporation
Inter American University of Puerto Rico
Feasibility/Impact Study
• Maricopa County (AZ) I Performance Audit
North Texas Tollway Authority I Disparity Study
Pinellas County (FL) I Cost Allocation Plan
• Prince Georges County and Community College (MD)
Availability and Utilization Studies
The Government of Washington, D.C. I MWSDBE
Program Evaluation and Review
Texas Department of Family and Protective Services I
Performance Audit
• Virginia Mines, Minerals and Energy I Indirect Cost
Recovery Rate
Walton County I Performance Audit
Additional Experience
Audits of State Agencies — Auditor/Senior Auditor. During his time with the Auditor General's Office, Mr. Cepin conducted
financial, operational, and compliance audits of state agencies.
Planned and managed all aspects of the audit process for comprehensive financial, operational, and compliance audits.
Participated in the Statewide Financial Statement Audit (SWFS), including evaluating internal controls.
• Oversaw the cost allocation audit of the Northwest Regional Data Center, including the creation of an audit plan and budget,
coordination of on -site visits, and performing detail testing.
Internal Audits of County Agencies— Senior Internal Auditor. During his time with the Hillsborough County Internal Auditor's
Office, Mr. Cepin evaluated county agencies' and programs' performance and compliance with a wide range of local laws and
regulations:
• Identified and documented weaknesses in internal controls through questionnaires, narratives, and flowcharts.
• Conducted financial and performance audits of local programs, including Safe & Sound Hillsborough and the County's Jan K.
Platt Environmental Lands Acquisition and Protection Program (ELAPP), respectively.
CITY OF FAYETTEVILLE I AUGUST 9, 2023
�� MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 32
APPENDIX
dta
Mr. Ruiz has a background in econometrics and industrial organization. Since
joining DTA, he has been involved in the formation and administration of
numerous CFDs, ADs, and LLDs throughout California and several other states,
including Florida, North Carolina, Texas, and Utah. His responsibilities related to
these projects have included the development of tax spread proforma analyses
and preparation of overlapping debt analyses. In addition, while at DTA, he has
participated in a variety of projects, including fiscal and economic impact studies
for cities and counties throughout California, school district rezoning projects, and city/county annexation
RICHARD RUIZ, JR.
Manager
DTA
projects.
Mr. Ruiz also has extensive experience working on the preparation of DIF justification studies for cities and
counties in California and numerous other states, including Arizona, West Virginia, and Florida. His
responsibilities during the impact fee justification and apportionment analysis process for each respective
project include the preparation of capital improvement and public facilities needs lists, data collection, the
development and modification of the DIF Report model, the production of a written report, and interactions
with city and county staff and key stakeholders. Mr. Ruiz' recent work on DIF studies in California has
included engagements for the Cities of Chino Hills, Colton, Cypress, Desert Hot Springs, Fontana, Fowler,
Inglewood, Norco, Perris, San Jose, Soledad, Temple City, Torrance, and Victorville and the Counties of San
Luis Obispo and Santa Barbara, among others. East Coast clients include the City of Charles Town, West
Virginia, Town of Queen Creek, Arizona, City of Riviera Beach, Florida, and Hillsborough County, Florida.
Prior to joining DTA, Mr. Ruiz spent 14 years with an energy economics consulting firm that focused on
economic and market research studies, mergers and acquisitions analyses, market entry research strategies,
and economic due diligence projects for companies seeking equity funding.
EDUCATION
Mr. Ruiz has a degree in economics from California State University at Long Beach with a concentration in
public finance.
CERTIFICATIONS & ASSOCIATIONS
Mr. Ruiz is a member of the American Water Works Association (AWWA) and has the experience and work
history of understanding and applying the best practices of AWWA and the Water Environment Federation
(WEF) in rate studies. He is also a Professional Member with the Institute of Transportation Engineers (ITE).
SPECIALIZED EXPERTISE
• Fiscal and economic impact studies
• DIF justification studies
• Formation and administration of special districts
• City/county annexation projects
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. M G T RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 33
APPENDIX
dta
Mr. Runk has over 45 years of experience in the design and construction
management of major civil engineering projects, including roadways, bridges, sewer
and water improvements, and flood control facilities, grading for public works
projects, and construction of commercial and industrial buildings. Mr. Runk's
specific responsibilities have included design, quality control, specifications,
estimates, construction bid packages, construction coordination and management,
cost analyses and cost control, scheduling, manpower forecasting, staffing, and
marketing. He has also assisted public agencies and developers in the procurement
of funding from the California Department of Transportation ("Caltrans") and other Federal and state
agencies. This work has been performed for clients located across many states and cities, including the
States of California, Florida, Hawaii, and West Virginia.
STEVE RUNK, P.E.
Vice President, Engineering Services
DTA
Mr. Runk has a proven track record of meeting schedules and adhering to budgets. Since joining DTA in 2000,
he has worked with local agencies to resolve community issues and negotiate scope changes with contractors
to ensure the timely and satisfactory completion of construction projects. He has also acted as the Project
Manager for the establishment of ADs and preparation of numerous AB 1600 DIF justification studies.
Prior to joining DTA, Mr. Runk, as the Senior Construction Manager for Holmes & Narver, Inc., successfully
completed the construction of the SR-41 Freeway in Fresno County, which was the County's first Measure "C"
sales tax -funded freeway. Prior to this project, Mr. Runk successfully completed the construction of the SR-
71 Freeway in Chino/Chino Hills, California. This $98 million project was the first Measure "M" sales tax -
funded project for the San Bernardino Associated Governments ("SANBAG"). Mr. Runk's responsibilities on
both projects included contract management, quality control, public relations, cash flow analyses, project
closeout, and compliance with Federal and State funding requirements.
Previously, Mr. Runk held positions with various public and private engineering entities in which he delivered
projects requiring a wide variety of engineering expertise.
EDUCATION
• B.S. in Engineering from the University of California at Los Angeles
• M.S. in Civil Engineering from California State University at Long Beach
CERTIFICATIONS & ASSOCIATIONS
• Mr. Runk is a registered Civil Engineer in the State of California.
SPECIALIZED EXPERTISE
Mr. Runk specializes in preparing assessment apportionment formulas and fee studies for roads, storm
drains, and water and wastewater facilities.
He has been involved in preparing needs lists and apportioning facilities costs for many of DTA's AB 1600
studies, including those in the Cities of Anaheim, Brawley, Coachella, Chino Hills, Hesperia, Paso Robles, San
Luis Obispo, Tustin, and Victorville, as well as the County of San Bernardino and a number of water districts,
including the San Gorgonio Pass Water Agency.
He was also closely involved in DTA's previous work as the AB 1600 consultant for the County of Riverside.
CITY OF FAYETTEVILLE I AUGUST 9, 2023
�� MGT RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 34
APPENDIX
dta
HECTOR PEREZ
Hector Perez has significant senior mcanagement experience in municipal
government, health care, resource development, and the private and public sectors.
For instance, he has experience with assessing and resolving community
development issues, such as capital projects, water/wastewater capacity, sports
complexes, traffic impacts, and neighborhood expansions. Mr. Perez has directed
strategic planning and financial management responsibilities, budgeting strategy for
facilities, technology, and capital expenditures for medium to larger organizations,
including public agencies with operating budgets of $400 million and 3,000 employees. He has supervised
construction projects that have included architects, construction companies, space planners, scheduling
consultants, and engineers while providing day-to-day budget direction and management.
Senior Manager
DTA
Mr. Perez also has extensive experience working with municipal government staff members and departments
(including countywide parks and recreation operations), volunteers, community activists, regulatory agencies,
and elected officials and is a member of the North Carolina Recreation and Park Association. In fact, he
worked for a large county in Florida supporting the administration and commissioners with growth
management issues, such as roadway expansion,
building permits, and related DIFs. At DTA, Mr. Perez mu Perez has extensive experience working with
municipal government staff members and
is responsible for projects in Florida, North Carolina, departments (including countywide operations),
Texas, West Virginia, and the Southeast consisting of volunteers, community activists, regulatory agencies,
impact fees, PIDs, Special Assessment Districts, and and elected officials.
their administration for developers and
cities/counties.
EDUCATION
Mr. Perez has a bachelor's degree from Florida State University and a graduate certificate in non-profit
management and innovation from the Sykes Graduate Business School at the University of Tampa.
In addition, Mr. Perez completed the Certified Financial Planning Course Program at North Carolina State
University.
CERTIFICATIONS & ASSOCIATIONS
Mr. Perez completed the Certified Financial Planning Course Program at North Carolina State University.
SPECIALIZED EXPERTISE
• Senior mamangement experience
* DIF justification studies
Strategic planning and financial management
responsibilities
Formation and administration of Public
Improvmenet Districts and Special Assessment
Districts
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. M G T RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 35
APPENDIX
Required Forms
Disclosure Information
1. DISCLOSURE INFORMATION
Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to,
any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship
exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of
Fayetteville official.
If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such
a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form
must be completed and returned in order for your bid/proposal to be eligible for consideration.
PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM:
X 1) NO KNOWN RELATIONSHIP EXISTS
2) RELATIONSHIP EXISTS (Please explain):
I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to
certify the information provided herein is accurate and true; and my organization shall comply with all State and
Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment.
Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently
boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract,
with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott
Israel, the contractor must notify the contracted public entity in writing.
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. M G T RFP #23-15 1 PARK IMPACT FEE STUDY
PAGE 36
APPENDIX
Primary Contact Information
2. PRIMARY CONTACT INFORMATION
At the discretion of the City, one or more firms may be asked for more detailed information before final ranking
of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary
contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection
committee can call for clarification or interview via telephone.
Corporate Name of Firm: MGT of America Consulting, LLC
Primary Contact: Bret Schlyer Title of Primary Contact:
Phone#1 (cell preferred): 316,214,3163 Phone#2:
E-Mail Address: bschlyerematconsulting.com
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 17 of 18
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. M G T RFP #23-15 1 PARK IMPACT FEE STUDY
PAGE 37
APPENDIX
Acknowledgement of Addenda
3. ACKNOWLEDGEMENT OF ADDENDA
Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by
signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent
as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the
appropriate blank listed herein. Failure to do so may subject Contractor to disqualification.
ADDENDUM NO.
SIGNATURE AND PRINTED NAME
DATE ACKNOWLEDGED
No Addendum issued
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. M G T RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 38
APPENDIX
Debarment Certification
4. DEBARMENT CERTIFICATION:
As an interested party on this project, you are required to provide debarment/suspension certification indicating
compliance with the below Federal Executive Order. Certification can be done by completing and signing this
form.
Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving
individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are
not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal
department or agency from doing business with the Federal Government.
Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency.
Questions regarding this form should be directed to the City of Fayetteville Purchasing Division.
NAME OF COMPANY: MGT of America Consulting, LLC
PHYSICAL ADDRESS: 4320 West Kennedy Blvd., Ste 200, Tampa, FL 33609
MAILING ADDRESS: Same as above
TAX ID #: 81-0890071 AR. SECRETARY OF STATE FILING #: 811131403
PHONE: 888.302,08` 9 FAX:
E-MAIL:
SIGNATURE:
PRINTED NAME: Patrick J. Dyer
TITLE: Vice President DATE: 08/07/2023
CITY OF FAYETTEVILLE I AUGUST 9, 2023
.❖. M G T RFP #23-15 1 PARK IMPACT FEE STUDY PAGE 39
NATIONAL FIRM LOCAL FOCUS
Alabama
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Arizona
Phoenix
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Sacramento
Riverside
Carlsbad
WA
Florida
Tampa HQ
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Indiana
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Michigan
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NYC
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Raleigh
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Columbia
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MT ND
MN
SD
WY
� W
NE 1A
CO KS
MO
NM �K AR �
�A MI
AK
Texas
Dallas
Austin
San Antonio
Houston
Utah
Salt Lake City
Virginia
Richmond
Washington, D.0
ME
A
NH
MA
CT
PAS "'
V -fir
.'.'. M G T 4320 West Kennedy Boulevard, Tampa, Florida 33609
888.302.0899 1 www.mgtconsulting.com
City of Fayetteville
RFP 23-15, Park Impact Fee Study
SECTION C: Signature Submittal
1. DISCLOSURE INFORMATION
Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to,
any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship
exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of
Fayetteville official.
If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose such
a relationship may result in cancellation of a purchase and/or contract as a result of your response. This form
must be completed and returned in order for your bid/proposal to be eligible for consideration.
PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRIATELY APPLIES TO YOUR FIRM:
X 1) NO KNOWN RELATIONSHIP EXISTS
2) RELATIONSHIP EXISTS (Please explain):
I certify that; as an officer of this organization, or per the attached letter of authorization, am duly authorized to
certify the information provided herein is accurate and true; and my organization shall comply with all State and
Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment.
Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently
boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract,
with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott
Israel, the contractor must notify the contracted public entity in writing.
2. PRIMARY CONTACT INFORMATION
At the discretion of the City, one or more firms may be asked for more detailed information before final ranking
of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit to the City a primary
contact name, e-mail address, and phone number (preferably a cell phone number) where the City selection
committee can call for clarification or interview via telephone.
Corporate Name of Firm: MGT of America Consulting, LLC
Primary Contact: Bret Schlyer Title of Primary Contact: Vice President, Financial Solution
Phone#1 (cell preferred): 316.214.3163 Phone#2:
E-Mail Address: bschlyer emgtconsulting.com
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
Page 17 of 18
3. ACKNOWLEDGEMENT OF ADDENDA
Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by
signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent
as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the
appropriate blank listed herein. Failure to do so may subject Contractor to disqualification.
ADDENDUM NO.
SIGNATURE AND PRINTED NAME
DATE ACKNOWLEDGED
No Addendum issued
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4. DEBARMENT CERTIFICATION:
As an interested party on this project, you are required to provide debarment/suspension certification indicating
compliance with the below Federal Executive Order. Certification can be done by completing and signing this
form.
Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving
individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are
not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal
department or agency from doing business with the Federal Government.
Signature certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency.
Questions regarding this form should be directed to the City of Fayetteville Purchasing Division.
NAME OF COMPANY: MGT of America Consulting, LLC
PHYSICAL ADDRESS: 4320 West Kennedy Blvd., Ste 200, Tampa, FL 33609
MAILING ADDRESS: Same as above
TAX ID #: 81-0890071 AR. SECRETARY OF STATE FILING #: 811131403
PHONE: HRR-302.0899 FAX: NIA
E-MAIL: Prop nsuffing.com
SIGNATURE:
PRINTED NAME: Patrick J. Dyer
TITLE: Vice President DATE: 08/07/2023
City of Fayetteville, AR
RFP 23-15, Park Impact Fee Study
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