HomeMy WebLinkAboutR-2001-053 RESOLUTION NO. 2001-053
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 2001-02; AUTHORIZING A
COST OF $45,000.00 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 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 2001-02, in
substantial form as Exhibit "A" 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are repealed to the extent of such conflict.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 10T" day of APRIL, 2001.
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1 RESOLUTION NO. 2001-053
4:r .
• MAYOR - COMMISS ONER
ATTEST: ROLL CALL:
COMMISSIONER BERTINO-ABSENT
COMMISSIONER MC.ELYEA - YES
COMMISSIONER MIKES- YES
SHERYL C APMAN VICE-MAYOR CHUNN - YES
ACTING CITY CLERK MAYOR FLURY-YES
APPROVED AS TO F/ RM AND CORRECTNESS:
THO AS J. N BRO
CITY ATTORNEY
2 RESOLUTION NO. 2001-053
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 day of
April 2001, 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 2001-02 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 in writing 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
1 EXHIBIT "All
consultants to provide professional services as may be required to complete the tasks
identified in the proposed Scope of Services.
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 City acknowledges that GSG is affiliated with NG&N and that NG&N owns an
interest in GSG.
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
(including any and all of its consultants) shall work for a fee of$20,000 for the fire rescue
services assessment program, $10,000 for solid waste services assessment program and
$15,000 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, whichever shall first occur. 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.
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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.
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 additional
consultants and their 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
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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.
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 their consultant(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.
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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.
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
Witness
Witness
CITY OF DANIA BEACH ("City"),
a municipal co o
BY:
Patr' is A ry, M
Sheryl L. hapman Jas n un maker
Acting City Clerk Acting City Manager
APPROVED AS TO FORM AND
CORRECTNE S:
Thom J: Ansbro
City Attorney
100 West Dania Beach Boulevard
Dania Beach FL 33004
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APPENDIX A
SCOPE OF SERVICES
mANi�lUAL. FIRE RESCUE SOLID �fl1ASTL
a
y �NL� S�77ORl�lln%�TER
x
ASSESSMENT PROGRA1�'S
.., 0
Sc®pe fertces'
..��. ��Y o �S
1) Meet with City staff to obtain data regarding newly annexed areas. Determine
impact of annexed properties on assessment programs. Coordinate the coding
of the parcels within the annexed areas with the Property Appraiser's office.
2) Develop/update the fiscal year 2001-02 fire rescue, solid waste and stormwater
assessment rolls for use in the recurring annual assessment program; add the
newly annexed area parcels.
3) Advise the City in determining the fire rescue, solid waste and stormwater
revenue requirements for the fiscal year 2001-02 assessment program.
4) Calculate/confirm the proforma schedule of rates based on the apportionment
methodology and revenue requirements for the fiscal year 2001-02 assessment
program.
5) Draft implementing resolutions that conform to the fire rescue, solid waste and
stormwater assessment ordinance.
® 6) 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
TRIM notice or 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.
FeesE°and Costs ` h
For services provided by GSG and NG&N, the lump sum fee for professional services
for the proposed scope of services will be $20,000 for the fire rescue assessment
program, $10,000 for the solid waste assessment program and $15,000 for the
stormwater assessment program. Payment will be 1/6 of the lump sum fee each month
beginning May 1, 2001, assuming that notice to proceed is received in April 2001. If
notice to proceed occurs after April 2001, payment will be pro-rated on the basis of the
anticipated number of months included in the project.
The lump sum fee for professional services includes two on-site visits by
representatives of GSG and NG&N. Additional on-site meetings may be arranged at
our standard hourly rates. Project status meetings may be arranged through scheduled
is telephone conferences in lieu of additional on-site visits.
® The lump sum fee does not include the costs of producing and mailing the statutorily
required first class notices for FY 2001-02. These costs depend on the number of
assessable parcels of property within the City. However, mailing and production costs
are 80 cents per parcel, due and payable at the time of adoption of the initial
assessment resolution.
APPENDIX B
PROJECT SCHEDULE
(E Olt�cal Events
E14ht '"
.,,
Ef Schedule
Notice to Proceed Apri12Q01 r '
04
'
City Determines Net,Revenue May - June 2001
y,
R' uirerr ents�
UpdateF sc Year 2Q�0�1 OZ� MayJune
Assessment Roll i
Calculate%Confirm Ann'"ual 'June 2001
Assessment Rates
vdh
E:
�Prermmary Rate Resolution �`June20Q /
TRIM or Fi"rst Class, Notices" July, August 2001
• Published Notice July August 20MAM
01 ;
Annual Rate Resolution July - August 2001
;
Certify FiscalYear 200�1f02 by�Septernber 9'5, 2001 , , �� ��
aAssessment Roll ��
,,. .,,, �...,.a�• �,,.,..,. ,%tea....,,, ,� ,,,, A„ .. ,,�,. .,,
•
AGENDA REQUEST FORM
. CITY OF DANIA BEACH
To Administratiye Services,Department.
Prepared By: David E. Keller Date: 4/5/01
---------------------------------------------------------------------------------------------------------------------------------
Please complete the following items related to your agenda request.
1. Date of Commission meeting: 4/10/01
2. Title: GSG Agreement
3. Commission action requested:
Adopt Resolution or OrdinanceK Expenditure ® Award Bid/RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting ❑
Other(please explain) ❑
4. Summary explanation & background:
The City desires to have accurate and updated information in order to use assessment programs
to fund certain fire-rescue, solid waste, and sanitation services. Government Services Group,
Inc. (GSG) has performed such work for the City in the past and has the ability to provide these
specialized professional services. In addition to developing and updating the assessment rolls,
GSG will determine the impact of the newly annexed areas of the City on the assessment
programs and coordinate the coding of those parcels with the Property Appraiser's Office.
5. Attached Exhibits (please list):
1. Agreement between Dania Beach and GSG
2. Scope of Services
3. Project Schedule
6. List Additional Backup Materials Provided:
7. For purchasing requests only: Funds: General and Stormwater Funds Dept. Finance
Account name: Various accounts in the two funds Account#: Various
Finance Director Approval1,
8. Reviewed and approved:
Department Director Date
C� t
A-
L,-,(:5ty Manager Dat