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HomeMy WebLinkAboutR-1997-077 II RESOLUTION NO. 77-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE PROFESSIONAL SERVICES AGREEMENT j BETWEEN GOVERNMENT SERVICES GROUP, INC. (GSG), NABORS, GIBLIN & NICKERSON, P.A. (NG&N) AND THE CITY OF DANIA TO ASSIST THE CITY IN THE IMPLEMENTATION OF THE STORMWATER MANAGEMENT ASSESSMENT PROJECT AT AN ANNUAL FEE NOT TO EXCEED $17,500.00; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission, City Manager and City Attorney of the City of Dania, Florida, have reviewed the Professional Services Agreement, between Government Services Group, Inc. (GSG), Nabors, Giblin & Nickerson, P.A. (NG&N) and the City of Dania, to assist the City in the implementation of the Stormwater Management Assessment Project at an annual fee not to exceed $17,500.00, and find it to be appropriate to the needs of the City of Dania. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That the City Commission of the City of Dania, Florida does hereby approve the "Professional Services Agreement between Government Services Group, Inc. (GSG), Nabors, Giblin & Nickerson, P.A. (NG&N) and the City of Dania to assist the City in the implementation of the Stormwater Management Assessment Project at an annual fee not to exceed $17,500.00 for a period of three years'; a copy of which is attached hereto and made a part hereof as Exhibit "A". i Section 2. That the Mayor-Commissioner, City Manager and City Clerk-Auditor are hereby authorized and directed to forthwith execute said Agreement on behalf of the City of Dania, Florida. Section 3. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict.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. 1 Resolution No. 77-97 PASSED and ADOPTED on this 27 day of May 1997. ATTEST: POBERTMIKES dd MAYOR - COMMISSIONER MARIE JABALEE CITY CLERK-AUDITOR APPROVED AS TO FORM AND CORRECTNESS By: �., FRANK C. ADLER, CITY ATTORNEY l i I J 2 Resolution No. 77-97 I PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (the "Agreement") is entered into this _ day of 1997, by and between the.City of Dania, a municipal corporation of the State of Florida (the "City"), and Government Services Group, Inc. ("GSG"), a Florida corporation; and Nabors, Giblin & Nickerson, P.A. ("NGWN), a Florida corporation. (GSG and NG&N are also collectively referred to herein as the I "Assessment Professionals"). WITNESSETH WHEREAS, the City Commission of the City of Dania has imposed special assessments to fund stormwater management services within the City for Fiscal Year 1996-97; and WHEREAS, the City intends to continue the annual imposition of a stormwater management assessment which will be collected on the tax bill in November each year (the "Stormwater Management Assessment Project"); and WHEREAS, the Assessment Professionals are well qualified and experienced in assisting local government with the development, implementation and annual update of non-ad valorem assessments and have agreed to freeze the annual professional fees to assist the City is accomplishing the Stormwater Management Assessment Project for a period of three years; and EXHIBIT °`A" �lilor .. -.1 WHEREAS, the Assessment Professionals shall furnish specialized professional services directly to City staff which are not otherwise available to the City. NOW, THEREFORE, it is agreed as follows: TERMS 1. Recitals. The recitals and all statements contained therein are hereby incorporated into and made a part of this Agreement. 2. Services to be Performed by the Assessment Professionals. The Assessment Professionals shall, in conjunction with the general direction of the office of the City Manager, City Attorney or their representative designees, provide the professional services described in the Scope of Services attached hereto as Appendix A in order to assist the City in the implementation of the Stormwater Management Assessment Project. 3. Term of the Agreement and Time Requirements. This Agreement shall become effective upon the signature by the duly authorized representative of the City and the Assessment Professionals, and will remain in effect for 3 years or until terminated by the City pursuant to written notice, or completion of the objective of this Agreement which is-to annually impose a recurring annual stormwater management _J z s • assessment to be collected using the tax bill in November of each year. The 1 Assessment Professionals shall promptly begin and diligently provide the professional • services contemplated herein generally in accordance with the Project Schedule attached hereto as Appendix B so that the City may annually achieve its objective: Accordingly, time is of the essence of this Agreement. In the event of termination prior to completion of the objective of this Agreement, such termination shall in no way prejudice the payments due to the Assessment r Professionals for Services rendered, provided that the termination is not due to a default on the part of the Assessment Professionals. The City, at its sole option, may decide not to move forward at any time, with only the professional fees and expenses actually incurred through the date the Assessment Professionals are notified of termination then being due and payable. In the event the City terminates this Agreement for any reason other than default by the Assessment Professionals and the City continues to proceed with a stormwater management assessment, the City shall provide a written general release to the Assessment Professionals, which is unqualified and absolute, concerning all advice, work product, responsibility and liability arising from this Agreement. 4. Schedule of Fees. For services to be provided hereunder by the Assessment Professionals, the Assessment Professionals shall work each fiscal year under a lump sum professional fee arrangement described in the Scope of Services in Appendix A on the percent completed basis described in the Project Schedule in Appendix B. 3 1 In addition to any lump sum or hourly fees, the City shall periodically reimburse the Assessment Professionals for all actual costs incurred, including by way of example and not limitation, photocopies, long distance telephone charges, overnight delivery services, and travel expenses. Any travel expenses shall be in accordance with Section 112.061, Florida Statutes. Reimbursement for the costs of producing, stuffing and mailing the statutorily required first class notices shall be considered a Stormwater Management Assessment Project cost. For ease of administration, any request for reimbursement will come via a single invoice, together with copies of appropriate back- up documentation, for both firms for a concurrent period. 5. Cooperation of the City. It shall be the obligation of the City to timely provide the Assessment Professionals with all reasonably required information, data and records necessary to complete the Stormwater Management Assessment Project using the tax bill collection method. The scope of services contemplated herein contemplates that each fiscal year the City will timely provide the necessary budget background information and the data required to update the Stormwater Management Assessment Project, timely provide staff to conduct any field research (e.g. activities necessary to supplement incomplete data or correlate the incident reporting data used by the City with the data contained on the ad valorem tax roll) and provide swift policy direction regarding various components of the methodology. J a 6. Documents. All documents, computer, media, and other data developed by the Assessment Professionals in connection with the Stormwater Management Assessment Project shall be reproduced and made available to the City by the Assessment Professionals at any time upon request of the City. When any work contemplated under this Agreement is completed or for any reason terminated prior to completion, all of the above data shall be timely reproduced and delivered to the City upon written request. 7. Termination. The City reserves the right to terminate this Agreement at any time, by written notice. In which event the Assessment Professionals 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 the Assessment Professionals is notified of termination. 8. Default Provision. In the event that the Assessment Professionals shall fail to comply with each and every term and condition of this Agreement or fails to perform jany 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 the Assessment Professionals, may cancel and terminate this Agreement. i 9. Conflict of Interest The Assessment Professionals covenant that no person I under their employ who presently exercises any functions or responsibilities in i i I I t connection with this Agreement has any personal financial interest, direct or indirect, with the City. The Assessment Professionals further covenant that, in the performance of this Agreement, no person having such conflicting interests shall be employed. Any such interests on the part of Assessment Professionals or their employees, must be disclosed in writing to City. Also, the Assessment Professionals are aware of the conflict of interest laws of the State of Florida, and agree that they shall fully comply in all respects with the terms of said laws. 10. Award of Agreement. The Assessment Professionals warrant that they have not employed or retained any company or person to solicit or secure this Agreement, that they have 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. The Assessment Professionals also warrant that to the best of their knowledge and belief no office, holder or employee of the City is interested directly or indirectly in the profits or emoluments of this Agreement. 11. Entire Agreement. This Agreement represents the entire and integrated agreement between the City and the Assessment Professionals and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument executed by City and the Assessment Professionals. The parties hereto agree that this Agreement shall be J 6 1 construed and enforced according to the laws, statutes and case law of the State of Florida. 12. Successors and Assigns. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, legal representatives, successors and assigns. 13. Insurance. The Assessment Professionals shall maintain during the terms of this Agreement professional liability insurance in a minimum amount of $500,000 covering all liability arising out of the terms of this Agreement. 14. Nondiscrimination in Employment. The Assessment Professionals shall not 1 discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, handicap or marital status. The Assessment Professionals 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. The Assessment Professionals agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by its personnel officer setting forth the provisions of this equal opportunity clause, J 7 I I 15. Independent Contractor. The Assessment Professionals and their employees and agents and any sub-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 benefits generally afforded classified or unclassified employees; further they shall not be deemed entitled to Florida Workers' Compensation benefits as i employees of the City. I 16. Non-Delegability. It is understood and agreed that the obligations undertaken by the Assessment Professionals 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 City's sole discretion. I 17. Indemnification. The Assessment Professionals covenant and agree to indemnify and hold harmless the City, its officers, agents and employees from any and all claims, losses, damages, costs, charges or expenses arising out of or in connection with the negligent acts, actions, or omissions of the Assessment Professionals's performance under this Agreement, or that of any of its officers, agents, employees or sub-consultants, whether direct or indirect; provided, however, that the Assessment Professionals shall not be liable under this Section for damages or injury arising out of or directly caused by or resulting from the negligence of the City or any of its agents, officers or employees. The indemnity provided herein is not limited by reason of any 8 particular insurance coverage in this Agreement. The indemnity and hold harmless provisions hereof relate to the performance of professional services required to annually impose a stormwater management assessment to be collected on the tax bill in November of each year, and not the enforceability of any stormwater management assessments that may be ultimately imposed by the City. It is understood by the City that the enforceability of any stormwater management assessments is subject to interpretation of future court decisions. 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 l 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. CITY OF DANIA: ASSESSMENT PROFESSIONALS: Marie J. Jabalee Robert E. Sheets City Clerk Chief Executive Officer 100 West Dania Beach Blvd. Government Services Group, Inc. Dania, Florida 33004 Suite 860, 315 S. Calhoun Street (954)921-2604/fax Tallahassee, Florida 32301 (904)224-7206/fax With copy to: Mark G. Lawson Nabors, Giblin & Nickerson, P.A. Frank C. Adler Suite 800, 315 S. Calhoun Street City Attorney Tallahassee, Florida 32301 100 West Dania Beach Blvd. (904)224-4073/fax Dania, Florida 33004 (954)921-2604/fax ;.f 9 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 i waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Dania, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. J 10 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 NABORS, GIBLIN & NICKERSON, P.A. By: MARK G. LAWSON CITY OF DANIA, a municipal corporation of the State of Florida By: Bob Mikes Mayor i ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM AND CORRECTNESS; AND APPROVED AS TO INSURANCE REQUIREMENTS: Frank C. Adler, City Attorney 11 r APPENDIX A ANNUAL STORMWATER MANAGEMENT ASSESSMENT PROGRAM SCOPE OF SERVICES 1) Assist the City in the development of procedures to impose an interim assessment upon the issuance of a certificate of occupancy. Correlate the newly improved properties subject to the interim assessment upon the issuance of a certificate of occupancy to the assessment roll each fiscal year. 2) Develop/update the stormwater management assessment roll each fiscal year for use in the recurring annual assessment program. 3) Advise the City in determining the stormwater management assessment revenue requirements for the assessment program for each fiscal year. 4) Calculate/confirm the proforma schedule of rates based on the apportionment methodology and revenue requirements for the assessment program for each fiscal year. 5) Draft implementing resolutions that conform to the stormwater management 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 first class notice and its distribution to any affected property owners, b) publication of the public hearing, c) development of a public information sheets, d) attendance at the public hearing, and e) the certification of the assessment roll to the Broward County Department of Revenue Collection. Fee and Costs For services provided by GSG and NG&N, the annual lump sum fee for professional services for the proposed scope of services will be $17,500. The scope of services does not include any necessary engineering consulting services. If such engineering consulting services should be required, Berry & Calvin, Inc. are available to provide a supplemental scope of services and proposed fee at the City's request. The lump sum will be due and payable under the following schedule under a percent complete basis. The annual 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 standing hourly rates. I _� 1 tow In addition to the above lump sum fee for professional services, GSG and NG&N will seek periodic reimbursement for actual costs incurred, such as photocopies, long distance telephone charges, and overnight delivery services. Any travel expenses would be in accordance with Section 112,061, Florida Statutes. Reimbursement for the costs of producing, stuffing and mailing of the statutorily required first class notices will also be required. Additional Services GSG and NG&N 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 possess 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 or both GSG and NG&N shall be available to provide additional services to the City on finance, revenue or other local governmental matters. < � 2 APPENDIX B ANNUAL STORMWATER MANAGEMENT ASSESSMENT PROGRAM CRITICAL EVENTS SCHEDULE EVENT SCHEDULE PAYMENT Update prior Fiscal Year June-July Assessment Roll City Determines Net Revenue July Requirements Calculate/Confirm Annual July Assessment Rates Preliminary Rate Resolution July 50% of total lump sum fee First Class Notices July-August Published Notice June-August Annual Rate Resolution July-August 40% of total lump sum fee Certify upcoming Fiscal Year by September 15 10% of total sum fee Assessment Roll J t I 1 . �� I i i i f i i i I i I __ J