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HomeMy WebLinkAboutR-2000-083 RESOLUTION NO. 2000-083 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 2000- 01; 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 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 2000-01, 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 That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 13T" day of JUNE, 2000. MAYOR - COMMIS NER 1 RESOLUTION NO. 2000-083 ATTEST: ROLL CALL: MAYOR McELYEA - YES X4" m - VICE-MAYOR BERTINO- YES SHERYL HAPMAN COMMISSIONER CALI - YES ACTING CITY CLERK COMMISSIONER MIKES- YES APPROVED AS TO F RM AND CORRECTNESS: BY: Wk THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION NO. 2000-083 • 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 July, 2000, 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 2000-01 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 TH EREFORE, 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. EXHIBIT ®® 1 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. 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 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. Ali'compensation paid under this Scope of Services shall be including any compensation due to additional consultants. Paid directly to GSG 5. Term of the Agreement and Time Requirements. This Agreement shall become effective upon the signature of the City Cleric, 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 backgrou,d 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 completedland expenses for actual costs incurred for work performed hereunder through the date GSG is notified of such termination. 2 ® 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 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 3 generally afforded employees; further they shall not be deemed entitled to Florida Workers' ® Compensation benefits as employees of the City. 15. Non-gelegability. 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 can be subject to challenge. GSG and NG&N cannot provide any indemnification or guarantee relative to any challenge to the validity, fairness, or reasonableness of the City's assessments or fees. GSG's and NG&N's sole and exclusive obligation is to share their experience and provide their best efforts providing a reasonable analysis and approach to the development of non-ad valorem funding programs; 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 will be addressed initially by developing remedies and procedures agreeable to the City within any implementation documentation developed for or adopted by the City. Reassessment or the development and reassessment of any remedy or cure resulting from an administrative error or omission by GSG or NG&N and the direct costs related thereto shall be provided by GSG and NG&N at no additional charge to 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. 4 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 n s, 3ii Witness CITY OF DANIA BEACH ("City"), a municipal corp ration B Y: • 1 Mayor BY LZ Acting ity Clerk -Sheryl Chapman City -Michael Smith APPROVED AS T FORM AND CORRECTNESS- Thomas nsbro City Attorney 5 APPENDIX A SCOPE OF SERVICES APPENDIX A ANNUAL FIRE RESCUE, STORMWATER AND SOLID WASTE ASSESSMENT PROGRAMS SCOPE OF SERVICES Task 1: Update assessment roll. Develop/update the assessment rolls for Fiscal Year 2000-01 for use in the recurring annual assessment programs. Task 2: Determine revenue requirements. Advise the City in determining the assessment revenue requirements for the assessment programs for Fiscal Year 2000-01. Task 3: Calculate rates. Calculate/confirm the proforma schedule of rates based on the apportionment methodology and revenue requirements for the assessment programs for Fiscal Year 2000-01. Task 4: Prepare legal documents. Draft implementing resolutions that conform to the fire rescue, stormwater and solid waste assessment ordinances. Task 5: Assist in implementation procedure. 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, (c) development of a public information sheet (d) attendance at the public hearing, and (e) the certification of the assessment roll to the Broward County Department of Revenue Collection. Fees and Costs For services provided by GSG and NG&N, the lump sum fee for professional services for the proposed scope of services will be $32,500 as follows: Fire Rescue $15,000, Stormwater $12,500 and Solid Waste $5,000. These fees have been discounted to recognize the economy of maintaining three assessment rolls for the City. The scope of services does not include any necessary engineering consulting services. The lump sum fee for professional services includes reimbursements for actual costs incurred, such as photocopies, long distance telephone charges, and overnight delivery services. The lump sum would be due and payable under the following schedule under a percents complete basis. The lump sum fee for professional services includes a total of four on-site visits by representatives of GSG and NG&N. Meetings in excess of those contemplated may be arranged at our standard hourly rates. • A - 1 Special Note: The lump sum fee does not include the costs of producing and mailing the statutorily required first class notices, which will depend on the number of assessable parcels of property within the City. Mailing and production costs for all three programs average approximately $.80 per parcel, with 50% of that amount due and payable at the time of the adoption of the initial assessment resolution, with the remainder being due upon issuance of the notices. Additional Services GSG and NGN are dedicated to governmental problem solving. Our practices and business are purposely limited to assisting governments in a myriad of ways. GSG and NG&N posses the ability to work effectively with local government staff and officials to provide specialized assistance in developing innovative and efficient solutions for government. Accordingly, on an hourly or negotiated fee basis, either on both GSG and NG&N shall be available to provide additional services to the City on finance, revenue or other local governmental matters. • A - 2 APPENDIX B HOURS AND FEES MATRIX APPENDIX B FIRE RESCUE, SOLID WASTE AND STORMWATER ASSESSMENT PROGRAMS FOR FISCAL YEAR 2000-01 Critical Events Schedule Event Schedule Payment Schedule Update Fiscal Year Assessment Roll June — July 2000 City Determines Net Revenue Requirements June — July 2000 Calculate/Confirm Annual Assessment Rates June — July 2000 Preliminary Rate Resolution July 2000 70% of total lump sum fee ® First Class Notices July—August Published Notice July—August Annual Rate Resolution August 20% of lump sum fee Certify Fiscal Year Assessment Roll by September 15 10% of lump sum fee B - 1