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RESOLUTION NO. 2002 - 131
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE AGREEMENT WITH GOVERNMENT
SERVICES GROUP, INC. AND THE CITY OF DANIA BEACH
FOR PROFESSIONAL SERVICES RELATING TO
ADMINISTRATION OF FIRE RESCUE, SOLID WASTE AND
STORMWATER ASSESSMENT PROGRAMS FOR FY 2002-
03; AUTHORIZING A COST OF $32,500.00 FOR THE SCOPE
OF SERVICES OUTLINED IN EXHIBIT "A" TO THE
AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA;
Section 1. That certain Agreement between Government Services Group, Inc.
and the City of Dania Beach for professional services relating to the administration of
Fire Rescue, Solid Waste and Stormwater Assessment Programs for FY 2002-03, in
substantial form as attached, is approved and the appropriate city officials are
® authorized to execute it.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper for the best interests
of the City. Such Agreement shall not be deemed accepted by the City unless and until
the City has completed its execution of the Agreement.
Section 3. That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED on the 27T" day of AUGUST, 2002.
1 RESOLUTION NO. 2002-131
• ROBERT H. CHUNN
MAYOR-COMMISSIONER
ATT ST: ROLL CALL:
CCOMMISSIONER BERTINO - YES
�uk U-�� COMMISSIONER MCELYEA - YES
CH RLENE JO ON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN -YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
T O AS J. ANSBRO
CITY ATTORNEY
2 RESOLUTION NO. 2002-131
i
� 1
y,A4��TfC
FLORIDA
September 12, 2002
Ms. Camille P. Tharpe
Government Services Group Inc.,
1500 Mahan Drive, Suite 250
Tallahassee, FL 32308
Dear Ms. Tharpe:
RE: PROFESSIONAL SERVICES AGREEMENT FOR THE FIRE RESCUE,
SOLID WASTE AND STORMWATER ASSESSMENT PROGRAMS
On August 27, 2002, the Dania Beach City Commission adopted
® Resolution No. 2002-131 approving the above agreement, a copy of which is
attached.
We are returning three originals of the agreement for execution by Mr.
Robert Sheets. Please complete the date on the first page of these agreements,
retain one original agreement and return the other two originals to me for our
records.
If you have any questions regarding this agreement, please contact
Patricia Varney, Finance Director, at (954) 924-3620.
Sincerely,
4lene4n �q
City Clerk
CJ/mn
Enclosures
"Broward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us
AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND GOVERNMENT
SERVICES GROUP, INC. FOR PROFESSIONAL SERVICES
This Agreement for professional services (the "Agreement") is entered into this/6 day of
`j6t ,2002, by and between the City of Dania Beach, a municipal corporation of the State
of Florida, (the "City"), and Government Services Group, Inc. ("GSG"), a Florida
corporation.
WITNESSETH
WHEREAS, the City of Dania Beach, desires to fund fire rescue services, solid
waste services and stormwater services through assessment programs for FY 2002-03 and
GSG provides professional services assisting in the administration of such programs; and
WHEREAS, GSG is well qualified and experienced in administering fire rescue
services, solid waste services and stormwater services assessment programs; and
WHEREAS, GSG shall furnish specialized professional services that are not
otherwise available to the City directly from City staff and the City Attorney.
NOW, THEREFORE, it is agreed as follows:
TERMS
1. Recitals. The recitals and all statements contained herein are hereby incorporated
into and made a part of this Agreement.
2. Services to be performed by GSG. GSG shall, in conjunction with the general
direction of the City Manager, provide the professional services described in the Scope of
Services, attached as Appendix A in order to assist the City in providing annual fire rescue
services, solid waste services and stormwater services assessment programs. Any
additional services that the City may request of GSG and that are beyond those articulated
in the Scope of Services shall be provided at the standard hourly rates for GSG then in
effect for the services. GSG can either bill the City periodically or negotiate a lump sum fee
to include in a change order as agreed to by the parties for such additional services.
By entering into this Agreement, the City shall be deemed to have given notice for
GSG to proceed with only the Scope of Services described in Appendix A. No further
undertaking by GSG shall occur unless and until GSG is subsequently directed and
authorized in writing to further proceed by the City.
3. Additional Consultants. In addition, GSG, in providing consulting services or in an
authorized project direction role, shall have the authority to subcontract with additional
consultants to provide professional services as may be required to complete the tasks
identified in the proposed Scope of Services.
1
GSG is expressly authorized to include Nabors, Giblin & Nickerson, P.A. ("NG&N")
as additional consultants in accomplishing the Scope of Services described in Appendix
A.
The professional fees to assist the City in annual fire rescue services, solid waste
services and stormwater services assessment programs specifically do not include
litigation defense services. However, NG&N can be available to the City, on an hourly basis
at NG&N's standard hourly rates for litigation services, to assist the City in any defense.
4. Schedule of Fees. For services to be provided hereunder and through GSG, GSG
shall work for a fee of$15,000 for the fire rescue services assessment program, $5,000 for
solid waste services assessment program and $12,500 for stormwater services
assessment program as reflected in Appendix A.
All compensation paid under this Scope of Services shall be paid directly to GSG
including any compensation due to additional consultants.
5. Term of the Agreement and Time Requirements. This Agreement shall become
effective upon the signature of the City Clerk, City Manager and GSG, and will remain in
effect until terminated by the City pursuant to written notice, or completion of the primary
objective of this Agreement. GSG shall promptly begin and diligently provide the
® professional services contemplated herein in accordance with the Project Schedule,
attached as Appendix B so that the City may timely achieve its objective; accordingly, time
is of the essence of this Agreement.
6. Cooperation of the City. It shall be the obligation of the City to provide GSG with
all reasonably required information, data and records necessary to execute the project. .
The Scope of Services contemplates that the City will timely provide the necessary
background information and data required to complete the annual assessment programs;
timely provide staff to conduct any field research (e.g. activities necessary to supplement
incomplete data); provide timely access to relevant staff and provide timely policy direction
regarding any issues that may arise.
7. Termination. The City reserves the right to terminate this Agreement at any time,
by written notice. In the event the City terminates the Agreement, GSG shall be entitled to
the professional fees on an hourly basis from the last percentage of the project completed
and expenses for actual costs incurred for work performed hereunder through the date
GSG is notified of such termination.
8. Default Provision. In the event .that GSG fails to comply with the terms and
conditions of this Agreement or fails to perform any of the terms and conditions contained
herein, then the City, in addition to all other remedies available by law, at its sole option
and upon written notice to GSG, may cancel and terminate this Agreement.
2
9. Award of Agreement. GSG warrants that it has not employed or retained any
• company or person to solicit or secure this Agreement and that it has not paid or agreed to
pay any company or person any fee, commission, percentage, brokerage fee, or gifts or
any other consideration contingent upon or resulting from the award or making of this
Agreement.
GSG also warrants that to the best of its knowledge and belief no elected official or
other officer or employee of the City is interested directly or indirectly in the profits or
emoluments of this Agreement.
10. Entire Agreement. This Agreement represents the entire and integrated
agreement between the City and GSG and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument executed by the City and GSG. The parties hereto agree that
this Agreement shall be construed and enforced according to the law of the State of
Florida.
11. Successors and Assigns. This Agreement shall be binding upon the parties
hereto and their respective successors and assigns.
12. Insurance. GSG shall, at its sole expense, maintain professional liability insurance
in an amount not less than $1,000,000.00 per occurrence. GSG shall maintain this
professional liability insurance for a minimum of two (2) years from the date of termination
of this Agreement.
13. Nondiscrimination in Employment. GSG shall not discriminate against any
employee or applicant for employment because of race, color, religion, sex, age, national
origin, handicap or marital status. GSG shall take affirmative action to ensure that
applicants are employed, without regard to their race, color, religion, sex, age, national
origin, handicap or marital status. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. GSG agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by their
personnel officer setting forth the provisions of this equal opportunity clause.
14. Independent Contractor. GSG and its employees and agents and any sub-
consultants and its employees and agents, shall be deemed to be independent contractors
and not agents or employees of the City; and shall not attain any rights or benefits
generally afforded employees;further they shall not be deemed entitled to Florida Workers'
Compensation benefits as employees of the City.
15. Non-Delegability. It is understood and agreed that the obligations undertaken by
GSG pursuant to this Agreement shall not be delegated or assigned to any other person or
firm without the City's prior written consent, which may be withheld at the City's sole
discretion.
3
16. Best Efforts. GSG covenants and agrees to use its best efforts to assist in
accomplishing the City's objectives. The use of special assessments and user fees is often
emotionally and politically contentious and can be subject to challenge. Neither GSG nor
NG&N can or will provide any indemnification or guarantee relative to any challenge to the
validity, fairness, or reasonableness of the fire rescue services assessment. GSG's and
NG&N's sole and exclusive obligation is to share their experience and provide their best
efforts providing a reasoned analysis and approach to the development of a non-ad
valorem assessment program; GSG and NG&N cannot and will not act as a guarantor of
results.
Errors or omissions in the development of any assessment roll or fee-based listing
of accounts shall be primarily addressed by developing remedies and procedures for the
City within any implementation documentation developed for or adopted by the City.
17. Ownership of Documents/Deliverables. Copies of all documents and data
prepared for the City or furnished by GSG, and /or their subconsultant(s), pursuant to this
Agreement, shall be delivered by GSG to the City within ten (10) calendar days after
receipt of written notice requesting delivery of said documents. Any and all documents
delivered to the City pursuant to this Agreement shall be deemed to be owned by the City.
18. Notices. All notices or other communications which shall or may be given pursuant
® to this Agreement shall be in writing and shall be delivered by personal service, or by
registered mail addressed to the other party at the address indicated herein or as the same
may be changed from time-to-time. Such notice shall be deemed given on the day on
which personally served; or, if by mail, on the fifth day after being posted (return receipt
requested) or the date of actual receipt, whichever is earlier.
19. Amendments. No amendments to this Agreement shall be binding on either party
unless in writing and signed by both parties.
20. Miscellaneous Provisions.
A. Title and paragraph headings are for convenient reference and are not a part
of this Agreement.
B. In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any other documents, the terms in this Agreement shall rule.
C. No waiver or breach of any provision of this Agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
D. If either the City or GSG are required to enforce the terms of this Agreement
by court proceedings or otherwise, whether formal or not formal legal action is required, the
prevailing party shall be entitled to recover from the other party all such costs and
expenses, including but not limited to costs and reasonable attorney's fees.
4
IN WITNESS WHEREOF, the parties hereto have, through their proper and duly
authorized officials, executed this Agreement, the day and year first above set forth.
GOVERNMENT SERVICES GROUP, INC.
By: �
Robert E. Sheets
Chief Executive Officer
itnes
it ess
CITY OF DANIA BEAC ("City"),
a municipal corpor o
R B RT H. CHUN , J �V , TO
MA OR-COMMISSIONER `�C MANAGER
ATTEST:
C ARLENE JOHN N
CITY CLERK
APPROVED AS TO FORM AND
CORRECTNES
THOMAS SANSBRO
CITY ATTORNEY
•
5
APPENDIX A
SCOPE OF SERVICES
• ANNUALF/RE RESCUE"'SOLIQ WASTE
AND STORMWATER
3 �4SSESSMENT`PROGRAMS
, F .5c0pe ofServices
1) Develop/update the fiscal year 2002-03 fire rescue, solid waste and stormwater
assessment rolls for use in the recurring annual assessment program.
2) Advise the City in determining the fire rescue, solid waste and stormwater revenue
requirements for the fiscal year 2002-03 assessment program.
3) Calculate/confirm the proforma schedule of rates based on the apportionment
methodology and revenue requirements for the fiscal year 2002-03 assessment
program.
4) Draft implementing resolutions that conform to the fire rescue, solid waste and
stormwater assessment ordinance.
5) Advise and assist with the legal requirements for the adoption of the final
assessment rate resolution and certification of the assessment roll in accordance
with Section 197.3632, Florida Statutes including: (a) the development of the first
class notice and its distribution to any affected property owners, (b) publication of
the public hearing, and (c) the certification of the assessment roll to the Broward
County Department of Revenue Collection.
FeesA andI {�
For services to be provided hereunder and through GSG, GSG shall work for a fee of
$15,000 for the fire rescue services assessment program, $5,000 for solid waste services
assessment program and $12,500 for stormwater services assessment program. Payment
will be 1/4 of the lump sum fee each month beginning July 2002.
Project status meetings may be arranged through scheduled telephone conferences in lieu
of on-site visits.
The lump sum fee does not include the costs of producing and mailing the statutorily
required first class notices for FY 2002-03. These costs depend on the number of
assessable parcels of property within the City. However, mailing and production costs are
$1.00 per parcel, due and payable at the time of adoption of the preliminary assessment
resolution.
•
APPENDIX B
PROJECT SCHEDULE
Critical Events Schedule
•
Event Date
City Determines Net Revenue July 2002
Requirements
Update Fiscal Year 2002-03 July 2002
Assessment Roll
Calculate/Confirm Annual July 2002
Assessment Rates
Preliminary Rate Resolution August 2002
First Class Notices August 2002
Published Notice August 2002
• Annual Rate Resolution September 2002
Certify Fiscal Year 2002-03 by September 15, 2002
Assessment Roll
AGENDA REQUEST FORM
CITY OF DANIA BEACH �
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: 08/27/02
2. DESCRIPTION OF AGENDA ITEM: TO APPROVE AGREEMENT WITH
GOVERNMENT SERVICES GROUP, INC. FOR SERVICES RELATED TO ASSESSMENT
PROGRAMS FOR FY03.
3. COMMISSION ACTION BEING REQUESTED:
Adopt Resolution or Ordinance ® Expenditure ® Award Bid/RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting ❑
Other(please explain) ❑
4. SUMMARY EXPLANATION & BACKGROUND:
TO APPROVE AGREEMENT WITH GOVERNMENT SERVICES GROUP, INC. FOR SERVICES
RELATED TO ASSESSMENT PROGRAMS FOR FY03.
S. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
MEMO TO CITY MANAGER
6. FOR PURCHASING REQUESTS ONLY: Dept: City Manager/Administration Division,
Fire Rescue Department, and Stormwater Management Division
7. Amount: $32,500.00
Fund: GENERAL: ® WATER: ❑ SEWER: ❑ STORMWATER:
Account name: Professional Services Account#: 001-12-0210-53-310, 105-38-
1130-53-310, 001-22-0800-53-310
Finance Director Approval: Date:
8. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by: Date
Administrative Services/Risk Management Date
Department Director Date
City Manager Date
® = CITY OF DANIA BEACH
DEPARTMENT OF FINANCE
MEMORANDUM
TO: Ivan Pato, Memo: DFA-02-034A
City Manager
FROM: Patricia Varney,
Finance Director
DATE: August 20, 2002
SUBJECT: Professional Services: Assessment Programs
ISSUE:
The issue is the hire of professional services related to the administration of Fire Rescue, Solid
Waste and Stormwater Assessment Programs.
EXPLANATION:
Since 1996, the City of Dania Beach has employed the services of Government Services Group,
Inc. (GSG) to provide services related to the administration of Fire Rescue, Solid Waste and
Stormwater Assessment Programs. In preparation for the FY03 budget process, former Finance
Director, David Keller, had planned to have the referenced services provided via in-house staff.
Staff, particularly, Sharon Prentice, Administrative Assistant, was sent to the County for training in
order to familiarize herself with the procedures necessary to complete referenced programs.
However, due to the resignation of the Mr. Keller and Mrs. Prentice's recent surgical procedure, the
provision of this service cannot be performed by in-house staff. Hence, the proposed resolution is
put forth in order to retain the services of GSG. They have exhibited timely and professional
service.
RECOMMENDATION:
Please note that this resolution was not included as part of any earlier agenda as a result of the
preliminary intent to have the referenced service provided via in-house staff. And due to the fact
that GSG has already initiated the provision of this service, in addition to them providing the City a
necessary service, I am requesting that GSG is retained to continue referenced service. As the
Finance Department becomes fully staffed and duties are established accordingly, the idea of
having this service performed in-house will be revisited.
GSC has originally quoted the City a cost of $45,000 to perform the service. After reviewing the
scope of service listed, I realized that GSC did not perform any revenue assessments or rate
recalculation. In reviewing previous years' payments and services provided by GSC, I have
negotiated a fee of$32,500 for the service provided for the FY 2002-2003 assessments.
Government Services Group, Inc.
Dedicated to solving funding and service delivery issues in the public
sector
:5i70 t.1,Itan:give,Su'fe 250 .T,;I!ALaSsee.FL 3230'8.Phone(850)681-3717 �rax,z3::u;7 224-,,{l6« -nias4.
August 20, 2002
VIA E-MAIL
Ms. Patricia Varney
Finance Director
City of Dania Beach
Post Office Box 1708
Dania Beach, FL 33004
Re: Revised Professional Services Agreement for the Fire Rescue, Solid
Waste and Stormwater Assessment Programs
Dear Ms. Varney:
Pursuant to your request, I have revised the professional services agreement between
Government Services Group, Inc. (GSG) and the City for the annual administration of
the assessment programs for fire rescue, solid waste and stormwater services. The
revision reduces the original combined fee for services from $45,000 to $32,500. This
reduction reflects our standard fees with the City over the past seven years for these
services and I apologize that the incorrect version was transmitted to the City last month
in my absence.
I also apologize that we did not attend the August 13, 2002 meeting when the City
Commission discussed this agreement. We were not informed that the agreement had
been placed on the agenda for that meeting and that our attendance was required.
Unfortunately, I am unable to attend the August 27, 2002 meeting of the City
Commission due to my prior commitment to attend a final public hearing in Sumter
County that night. Hopefully, our telephone discussions over the past few days and this
reduction in the proposed fees will address the issues of the City Commission.
Sincerely,
Camiffe P. 2-harpe
Camille P. Tharpe
Enclosures
Cc: Virginia S. Delegal
_ AGENDA REQUEST FORM
44CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: 08/27/02
2. DESCRIPTION OF AGENDA ITEM: TO APPROVE AGREEMENT WITH
GOVERNMENT SERVICES GROUP, INC. FOR SERVICES RELATED TO ASSESSMENT
PROGRAMS FOR FY03.
3. COMMISSION ACTION BEING REQUESTED:
Adopt Resolution or Ordinance ® Expenditure ® Award Bid/RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting ❑
Other(please explain) ❑
4. SUMMARY EXPLANATION & BACKGROUND:
TO APPROVE AGREEMENT WITH GOVERNMENT SERVICES GROUP, INC. FOR SERVICES
RELATED TO ASSESSMENT PROGRAMS FOR FY03.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
MEMO TO CITY MANAGER
6. FOR PURCHASING REQUESTS ONLY: Dept: City Manager/Administration Division,
Fire Rescue Department, and Stormwater Management Division
7. Amount: $32,500.00
Fund: GENERAL: ® WATER: ❑ SEWER: ❑ STORMWATER:
Account name: Professional Services Account#: 001-12-0210-53-310, 105-38-
1130-53-310, 001-22-0800-53-310
Finance Director Approval: Date: "
8. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by: Date
Administrative Services/Risk Management Date
Department Director Date
City Manager Date
CITY OF DANIA BEACH
DEPARTMENT OF FINANCE
MEMORANDUM
TO: Ivan Pato, Memo: DFA-02-034A
City Manager
FROM: Patricia Varney,
Finance Director )
DATE: August 20, 2002
SUBJECT: Professional Services: Assessment Programs
ISSUE:
The issue is the hire of professional services related to the administration of Fire Rescue, Solid
Waste and Stormwater Assessment Programs.
EXPLANATION:
Since 1996, the City of Dania Beach has employed the services of Government Services Group,
Inc. (GSG) to provide services related to the administration of Fire Rescue, Solid Waste and
Stormwater Assessment Programs. In preparation for the FY03 budget process, former Finance
Director, David Keller, had planned to have the referenced services provided via in-house staff.
Staff, particularly, Sharon Prentice, Administrative Assistant, was sent to the County for training in
order to familiarize herself with the procedures necessary to complete referenced programs.
However, due to the resignation of the Mr. Keller and Mrs. Prentice's recent surgical procedure, the
provision of this service cannot be performed by in-house staff. Hence, the proposed resolution is
put forth in order to retain the services of GSG. They have exhibited timely and professional
service.
RECOMMENDATION:
Please note that this resolution was not included as part of any earlier agenda as a result of the
preliminary intent to have the referenced service provided via in-house staff. And due to the fact
that GSG has already initiated the provision of this service, in addition to them providing the City a
necessary service, I am requesting that GSG is retained to continue referenced service. As the
Finance Department becomes fully staffed and duties are established accordingly, the idea of
having this service performed in-house will be revisited.
GSC has originally quoted the City a cost of $45,000 to perform the service. After reviewing the
scope of service listed, I realized that GSC did not perform any revenue assessments or rate
recalculation. In reviewing previous years' payments and services provided by GSC, I have
negotiated a fee of$32,500 for the service provided for the FY 2002-2003 assessments.
GSG
Government Services Group, Inc.-
Dedicated to solving funding and service delivery issues in the public
sector
1500 k1ahan Drive,Suite 250 •Tallahassee.FL 32308•Phone(850)621-3717,.Fax(850)225-7205•E-mail
nsra�cgovse,.com
August 20, 2002
VIA E-MAIL
Ms. Patricia Varney
Finance Director
City of Dania Beach
Post Office Box 1708
Dania Beach, FL 33004
Re: Revised Professional Services Agreement for the Fire Rescue, Solid
Waste and Stormwater Assessment Programs
Dear Ms. Varney:
Pursuant to your request, I .have revised the professional services agreement between
Government Services Group, Inc. (GSG) and the City for the annual administration of
the assessment programs for fire rescue, solid waste and stormwater services. The
revision reduces the original combined fee for services from $45,000 to $32,500. This
reduction reflects our standard fees with the City over the past seven years for these
services and I apologize that the incorrect version was transmitted to the City last month
in my absence.
I also apologize that we did not attend the August 13, 2002 meeting when the City
Commission discussed this,agreement. We were not informed that the agreement had
been placed on the agenda for that meeting and that our attendance was required.
Unfortunately, I am unable to attend the August 27, 2002 meeting of the City
Commission due to my prior commitment to attend a final public hearing in Sumter
County that night. Hopefully, our telephone discussions over the past few days and this
reduction in the proposed fees will address the issues of the City Commission.
Sincerely,
Camille P. 26iarpe
Camille P. Tharpe
Enclosures
® Cc: Virginia S. Delegal
a