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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-130Temp. Reso. # 11263 August 7, 2007 Page 1 Revision #1 — August 16, 2007 Revision #2 — August 16, 2007 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007_/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING AWARD OF A PROFESSIONAL SERVICES CONTRACT FOR AN AMOUNT OF $37,500, PLUS APPLICABLE COSTS FOR STATUTORILY REQUIRED FIRST CLASS NOTICES, TO A JOINT VENTURE OF GOVERNMENT SERVICES GROUP, INC. AND NABORS, GIBLIN AND NICKERSON, P.A. (NG&N) FOR PHASE TWO OF THE MAIN STREET ASSESSMENT PROGRAM; AUTHORIZING BUDGET AMENDMENTS FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac desires to develop a mixed -use main street, and intends on performing significant capital improvements to be funded by non -ad valorem assessments on property; and WHEREAS, the City has enjoyed a successful relationship with the joint venture of Government Services Group, Inc.(GSG) and Nabors, Giblin and Nickerson, P.A. (NG&N), for the previous Land Section Seven Infrastructure Assessments and the current ongoing Fire Assessment Program; and WHEREAS, GSG and NG&N have successfully completed work on Phase I recommendations related to the Main Street Project, a copy of such Agreement is attached hereto as Exhibit 1; and WHEREAS, the next steps in pursuing a non -ad valorem assessment to fund capital improvements in the Main Street Project require certain technical and legal actions; and WHEREAS, professional service contracts in excess of $30,000 require approval of the Mayor and City Commission; and Temp. Reso. # 11263 August 7, 2007 Page 2 Revision #1 — August 16, 2007 Revision #2 — August 16, 2007 WHEREAS, to provide continuity of service and technical expertise with GSG and NG&N who performed Phase One tasks of the Main Street Assessment Program, City staff recommends that Phase Two of the Main Street Assessment Program be performed as well with Government Services Group, Inc. and Nabors, Giblin & Nickerson, P.A. ; and WHEREAS, efficiencies of time and cost are best served with a continuance of Phase Two Services with Government Services Group, Inc. and Nabors, Giblin & Nickerson, P.A. ; and WHEREAS, Article V, Section 6-151(2) provides that professional services of this type are exempt from the requirements for competition; and WHEREAS, the Director of Financial Services and Purchasing/Contracts Manager recommend that the City utilize the services of Government Services Group, Inc. and Nabors, Giblin & Nickerson, P.A.; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to utilize the services of Government Services Group, Inc. and Nabors, Giblin & Nickerson, P.A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to execute an agreement, hereto attached as Exhibit 2, with Government Services Group, Inc. and Nabors, Giblin & Nickerson, P.A. in an amount not to exceed $37,500 for professional Temp. Reso. # 11263 August 7, 2007 Page 3 Revision #1 — August 16, 2007 Revision #2 — August 16, 2007 services rendered, plus incidental costs for production and mailing of statutorily required first class notices for Phase Two of the Main Street Assessment Program; and SECTION 3: All budget amendments for proper accounting purposes are hereby authorized. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of A2007. ATTEST: r MARION SWENSON, CMC City Clerk 1L' RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM—`:t'ALABISCO DIST 1: COMM. PORTNER _ DIST 2: COMM. ATKINS—GRAD DIST 3: V/.M: SUL`FANOF -- DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have ap roved this RESOLUTION as to form. SAMUEL S. GOREN City Attorney EXHIBIT 2 City of T ainara F'urx h asiny and Cootr'rac:ts Division AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made and entered into this day of , 20_, by and between the City of Tamarac, a municipal corporation of the State of Florida, hereinafter referred to as "City", and Government Services Group, Inc., a Florida Corporation, with principal offices located at 1500 Mahan Drive, Suite 250, Tallahassee, Florida 32308, and Nabors, Giblin and Nickerson, P.A. (NG&N), with principal offices located at 1500 Mahan Drive, Suite 200, Tallahassee, Florida 32308, hereinafter collectively known as "Consultant". WHEREAS, the City intends to provide for the development of the Main Street Corridor; and, WHEREAS, it is necessary to provide for infrastructure in the area of the Main Street Corridor; and WHEREAS, the City requires certain professional services in connection with the development of Assessment Programs for the Main Street Improvements; and, WHEREAS, the Consultant recently successfully completed work on Phase I of the Main Street Assessment Program; and WHEREAS, it is in the best interest of the City to maintain continuity by utilizing Consultant to perform tasks associated with the implementation of the recommendations provided under the Phase I Agreement; and WHEREAS, the Consultant represents that it is capable and prepared to provide such services: NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1 - EFFECTIVE DATE The effective date of this Agreement shall be the date of final execution of this Agreement, with a completion of the Phase II requirements within the Delivery Schedule as contained in Appendix A of Consultant's Proposal dated August 2, 2007. ARTICLE 2 - SERVICE TO BE PERFORMED BY CONSULTANT The Consultant shall perform the services in accordance with the provisions contained in the Consultant's Proposal dated August 2, 2007, as specifically stated in Appendix A of the Proposal, "Scope of Services", a copy of said proposal attached hereto as Exhibit A and incorporated herein as if set forth in full. Additional scope of work may be specifically designated and additionally authorized by the City. Such additional authorizations will be in the form of a Purchase Order or written Change Order. Each Purchase Order or written Change Order shall set forth a specific scope of services, the amount of compensation and the required completion date. ARTICLE 3 - COMPENSATION The City shall pay Consultant a fee not to exceed Thirty Seven Thousand Five Hundred Dollars and No Cents, ($37,500.00), including all expenses, in accordance with of %arnarac F't. mhosing and Contracts Division __1._...__.­ .. ............... . ...... ....... . . . ...... ...... . ....... — e__ ........ . .. . ........... the provisions contained in the Appendix A of the Consultant's proposal dated August 2, 2007, which is attached hereto as Exhibit A and incorporated herein as if set forth in full. ARTICLE 4 - STANDARD OF CARE Consultant shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional under similar circumstances and Consultant shall, at no additional cost to the City, re -perform services which fail to satisfy the foregoing standard of care. ARTICLE 5 - INDEMNIFICATION 5.1. Consultant shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, its agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Consultant, any sub -consultant, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b), violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Consultant in the performance of the Work; or c). liens, claims or actions made by the Consultant or any sub -consultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Consultant. 5.2. Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 5.3. The Consultant shall. pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 5.4. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. 5.5. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. of TGarn anx Putdi asirag and Contracts Division ARTICLE 6 -- NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Contract, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. The Consultant will take affirmative action to ensure that employees are treated during employment, without regard to their race, color, sex, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; 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 Consultant shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Consultant further agrees that he/she will ensure that Sub -consultants, if any, will be made aware of and will comply with this nondiscrimination clause. ARTICLE 7 - INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Consultant is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Consultant shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Consultant's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Consultant, which policies of Consultant shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Consultant's funds provided for herein. The Consultant agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Consultant and the City and the City will not be liable for any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or overtime premiums. ARTICLE 8 - PAYMENTS 8.1 The City shall pay in full the Contract Sum to the Consultant upon completion of the work listed in Article 2 of this Agreement unless the parties agree otherwise. The City shall pay the Consultant for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. 3 of Trarnarac, Putuhasing and Coniracis Division e- 8.2 Payments shall be processed in accordance with The Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the services, Consultant will comply with applicable regulatory requirements including federal, state, and local laws, rules regulations, orders, codes, criteria and standards. ARTICLE 10 — INSURANCE 10.1 During the performance of the services under this Agreement, Consultant shall maintain the following insurance polices, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The Consultant shall procure ad maintain for the life of this Agreement, Workers' Compensation. Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -consultant that does not have their own Workers' Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Tamarac, executed by the insurance company. Sixty-(60) days notice of cancellation is required and must be provided to the City of Tamarac via Certified Mail. 10.1.2 Comprehensive General Liability: The Consultant shall procure and maintain, for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability with specific reference of Article 5 of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. 10.1.3 Business Automobile Liability: The Consultant shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. 10.1.4 Professional Liability (Errors and Omissions) Insurance: $1,000,000. 10.2 The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. of Tarnarac, F'c.rrx h acing and Gcantfiids Division 10.3 The City must be named as an additional insured unless Owners and Consultants' Protective Coverage is also provided, or required. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. 10.4 The minimum limits of coverage shall be $1,000,000 per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. The City must be listed as an Additional Insured under the Policy. Sixty (60) days written notice must be provided to the City via Certified Mail in the event of cancellation. 10.5 In the event that sub -consultants used by the Consultant do not have insurance, or do not meet the insurance limits, Consultant shall indemnify and hold harmless the City for any claim in excess of the sub -consultants' insurance coverage, arising out of negligent acts, errors or omissions of the sub -consultants. 10.6 Consultant shall not commence work under this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. ARTICLE 11 - CITY'S RESPONSIBILITIES The City shall be responsible for providing access to all project sites, and for providing project -specific information. ARTICLE 12 - TERMINATION OF AGREEMENT 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Consultant for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Consultant abandons this Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. 12.2 Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Consultant of written notice of such neglect or failure. ARTICLE 13 - NONDISCLOSURE OF PROPRIETARY INFORMATION Consultant shall consider all information provided by City and all reports, studies, calculations, and other documentation resulting from the Consultant's performance of the Services to be proprietary unless such information is available from public sources. 5 of Tamarac Purr hashig and Contra(Js Division Consultant shall not publish or disclose proprietary information for any purpose other than the performance of the services without the prior written authorization of City or in response to legal process. ARTICLE 14 - UNCONTROLLABLE FORCES 14.1 Neither the City nor Consultant shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 16 - GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Broward County. ARTICLE 16 - MISCELLANEOUS 16.1 Nonwaiver: A waiver by either City or Consultant of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 16.2 Severability: Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19 City of Tainatac Putr. hasinrg and Contracts Division 16.3 The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. 16.4 Merger; Amendment: This Agreement constitutes the entire Agreement between the Consultant and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Consultant and the City. 16.5 No Construction Against Drafting Party: Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. ARTICLE 17 - SUCCESSORS AND ASSIGNS The City and Consultant each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives. ARTICLE 18 - CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 19 - TRUTH -IN -NEGOTIATION CERTIFICATE 19.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. 19.2 The said rates and cost shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate, incomplete or non -current wage rates or due to inaccurate representations of fees paid to outside consultants. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ii City of Tarnarac f'umhrasing and Contracts Division ARTICLE 20 - OWNERSHIP OF DOCUMENTS Consultant shall be required to work in harmony with other consultants relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information provided to the City shall become the property of the City upon completion for its use and distribution as may be deemed appropriate by the City. ARTICLE 21 - FUNDING This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 22 - NOTICE 22.1 Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: MY- 1 City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321-2401 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONSULTANT: Government Services Group, Inc. (GSG) 1500 Mahan Drive, Suite 250 Tallahassee, FL 32308 Attn: Camille Tharpe, Senior Vice President AND Nabors, Giblin and Nickerson, P.A. (NG&N) 1500 Mahan Drive, Suite 250 Tallahassee, FL 32308 Attn: Thomas L. Giblin, President 22.2 Notices shall be effective when received at the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any party by written notice to the other 8 City of Tamarac F'r.trrh acing and Contracts Division party. Facsimile is acceptable notice effective when received, however, facsimiles received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. 22.3 Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Consultant and City. 9 of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its City Manager, GOVERNMENT SERVICES GROUP, (GSG) signing by and through its Senior Vice President, and NABORS, GIBLIN & NICKERSON (NG&N), signing through its President, each duly authorized to execute same. CITY OF TAMARAC Beth Flansbaum-Talabisco, May r DateCS d r7 . ATTEST: I.Lt JeffrdYL. Miller, City Manager "? WIrr? Marion Swenson, CMC Date City Clerk Approved as to form and legal sufficiency: Date S ue . G ren, City Attorney Z t b-7 Date ATTEST: Government Services Group, Inc. (GSG Co pany Name Signature of Corporate S cretary Signature of Senior Vice President Camille Tharpe Corporate Secy. Camille Thar e Senior Vice President Date 10 of T arnarac " Purrhasing and Contawls Division Gregory T. Stewart Corporate Secy. 1C.e kate (CORPORATE SEAL) Nabors, Giblin & Nickerson, P.A., NG&N Compa me Sig ature of A' -Ws - -.President Fia � Z 2 D e 11 City of Tarrrarac, F'r.rlch asing and Contract's Divh�."icarr CORPORATE ACKNOWLEDGEMENT STATE OF q I 0V i 8 a :SS COUNTY OF Lc O rl I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Camille P. Tharpe, Senior Vice President, of Government Services Group, Inc. a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this, day of � , 200 n. C>�� A �(O� A Joc)&� Signature of Notary Public Karol S. Mao�e tate of `Mari at Large s�•• •��, -• ':+ Commission # DD528549 Expires March 14, 2010 Bonded Troy Fain -Insurance, Inc. 600.385.7019 Print, Type or Stamp Name of Notary Public ersonally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. M City of Ttarnarac, F'umhrasina and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE O SS COUNTY HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State resaid a i he Cou"tyaloresaid,p ttaknowle gments, personally appeared of -Nabors, iblin and Nickerson, P.A., a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that heexecuted the same. 07� WITNESS my hand and official seal this^ day of , 2012 y Public at Large Commission # DD5 0635 =N �= Expires May 9, 2010 " ,`ROntled Yroy F�m �InS��?n[e. lnc 3�b'�'ti� Print, Type or Stamp ame of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced [DID take an oath, or DID NOT take an oath. 13 EXHIBIT A G S G t GOVERNMENT SeRVICEs GROUP. INC. August 2, 2007 VIA ELECTRONIC TRANSMISSION Mr. Steven Chapman Director of Financial Services City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321-2401 pub i+c sector k s6"'r I('-r, 0solutions Re: Proposed Phase Two Scope of Services for the Main Street Improvements Dear Steve: This correspondence is written to present a proposal for Government Services Group, Inc. (GSG) and Nabors, Giblin and Nickerson, P.A. (NG&N) to the City of Tamarac (City) and its staff for the Phase Two scope of services for the assessment program for the proposed improvements in the Main Street area including but not limited to roads, water and sewer, drainage and underground utilities. Accordingly, enclosed as Appendix A is a proposed scope of services, fees, deliverables and payment schedule to assist the City in the implementation of the assessment program for the proposed Main Street improvements. The firms will work under a lump sum professional fee arrangement as described in the attached scope of services and will expect payment pursuant to the schedule in the appendix. The appendix also provides a list of project deliverables, delivery schedule and payment schedule. The professional fees required to assist the City in developing and implementing the contemplated assessment program does not include litigation defense services. However, we do all of our work with an eye on potential legal challenges in an attempt to maximize both the efficiency and the effectiveness of any defense, In the event there is a challenge, we would be available, on an hourly basis, to assist the City in its defense. Upon review and satisfactory determination, please execute this correspondence by signing below to indicate acceptance of the attached proposal and to serve as proper Notice to Proceed. Upon execution, please provide our office with a signed copy for our files. Mr. Steven Chapman August 2, 2007 Page 2 We look forward to working with the City of Tamarac to complete this project. If you have any questions, Please do not hesitate to contact Chris Traber of NG&N or me. Sincerely, Camille P. Tharpe Senior Vice President Opt/jw Enclosures cc: Chris Traber, NG&N Appendix A SCOPE OF SERVICES Scope of Services Phase Two Task 1. Draft Initial assessment resolution for first assessment area; attend meeting. Draft the initial assessment resolution(s) to conform to the capital assessment ordinance to implement the City's policy decision of proposed methodology for the first assessment area. Draft forms of the published and mailed notice will also be prepared at this time and attached to the initial assessment resolution. Attend public meeting for adoption of the initial assessment resolution. Task 2. Prepare final assessment resolution for first assessment area; attend meeting. Prepare the final assessment resolution(s) that conform to the capital assessment ordinance to impose capital assessments and adopt final assessment rates within the first assessment area. Attend public meeting for adoption of the final assessment resolution. Task 3. Prepare final assessment roll(s). GSG will prepare the final assessment roll(s) for the assessment area that will implement the assessment programs and will interface with the Broward County Department of Revenue Collection. Task 4. Advise and assist with Implementation requirements. Advise and assist with the legal requirements for adoption of the final rates and certification of the assessment roll(s) in accordance with the Uniform Method including: a) the development of the first class notice and its distribution, b) publication of the public hearing, and c) the certification of the assessment roll(s) to the Broward County Department of Revenue Collection. FEES AND COSTS For services provided by NG&N and GSG, the lump sum fee for the proposed scope of services for Phase Two will be $37,500. The lump sum fee for professional services includes two on -site visits to the City by GSG and/or NG&N staff. While the purpose of these trips is negotiable, the intent of these meetings is to assist in the initial and final resolution adoption process. Meetings in excess of these on -site visits may be arranged at our standard hourly rates. Expenses related to additional meetings will be billed in accordance with Section 112.061, Florida Statute. If necessary, in lieu of on -site visits, periodic telephone conference calls may be scheduled to discuss project status. Please note that both GSG and NG&N work with the premise of developing and implementing assessment programs with an eye on potential legal challenges in an attempt to maximize both the efficiency and the effectiveness of any defense. Nonetheless, the fees outlined above for professional services do not include any provision for litigation defense. Accordingly, in the event there is a legal challenge, both firms would be available, on an hourly basis, to assist the City in its defense. Government Services Group, Inc & Nabors, GIbIIn & Nickerson, P.A. I 1 Please note that the lump sum fee does not Include the costs of producing and mailing the statutorily required first class notices. Mailing and production costs depend on the number of assessable parcels of property within the City, but average approximately $1.27 per parcel. Payment of mailing and production costs Is due at the time of adoption of the Initial assessment resolution. In the event that the U.S. postage rates Increase during the course of this engagement, the mailing and production costs will Increase by the exact amount of the U.S. postage rate Increase. PAYMENT SCHEDULE The lump sum fee for professional services and specialized assistance will be due and payable in installments on the following basis. Payment will be based on the following schedule, assuming that notice to proceed is received by August 15, 2007. If notice to proceed occurs after this date, payment will be adjusted on the basis of a condensing of the anticipated number of months remaining to complete the project. Schedule August 22, 2007 September 13, 2007 DELIVERABLE SCHEDULE Deliverable Initial Assessment Resolution First Class Notices Published Notice Final Assessment Resolution Final Assessment Rates Assessment Roll Certified Payment 50% of lump sum fee 50% of lump sum fee Schedule August 22, 2007 August 21, 2007 August 23, 2007 September 13, 2007 September 13, 2007 September 15, 2007 Government Services Group, Inc & Nabors, Giblin & Nickerson, P.A. 1 2 X/ v, r v F OP ID DATE (MMroD/YYNn ACORD CERTIFICATE OF LIABILITY INSURANCE GovER-4 12/05/06 PROD ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION E 1 Bacon Agency, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 31 F Lonnbladh Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 12039 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tallahassee rL 32317 Phone:850-878-2121 Fax:850-878-2128 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A:. Zenith Insurance Co INSURER B: St. Paul Travelers A'c�.c., Government Servi es Group,Inc. INSURERC: Maxum Indemnity Company 1500 Mahan Dr . , 250 INSURER D: Tallahassee rL 3 300 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMSWu LTRINSRC TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE MM/DDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 B }C COMMERCIAL GENERAL LIABILITY 6807521H60206 11/01/06 11/01/07 PREMISES (Ea occurence) $ 300,000 CLAIMS MADE K OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE s2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 00O , OOO POLICY JEc°r LOC Fop Ben. 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 OOO 000 B ANY AUTO 680752IH60206 11/01/06 11/01/07 (Easocldant) , , ALL OWNED AUTOS l r0 BODILY INJURY SCHEDULED AUTOS r �r (Per person) $ X HIRED AUTOS �V`"�v V BODILY INJURY $ }( NON OWNED AUTOS (Per accident) PROPERTY DAMAGE $ {oyt (Per accident) GARAGE LIABILITY n RLin �� AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO 1i �V\ Ot R $ $5,000,000 a\16 AUTO ONLY, AGG EACH OCCURRENCE EXCESSIUMBRELLA LIABILITY P�Ge e� AGGREGATE $5,000,000 g pZ OCCUR ❑CLAIMSMADE CUP2431Y914 11/0 11/01/07 DEDUCTIBLE ;af �� $ j{ RETENTION $ �� M $ WORKERS COMPENSATION AND R TORY LIMITS ER . A EMPLOYERS'LIABIUTY Z836045313 11/01/06 11/01/07 EL EACHACCIDENT $ 100000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL.DISEASE- EAEMPLOYEE $100000 OFFICERIMEMBEREXCLUDED9 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 500000 OTHER C Professional PEP6001839-01 07/13/06 07/13/07 Ea Clam $5,000,000 AM Aggre a 0M000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECULL PROVISIONS ap ""q The Certificate holder is named as additional insured with regard to General •-[�101 C-2 Liability for this project. CDM y 1 c) _rri m 4CR I Ir IbM I C IIVLLJCR l.Hry{.CLLM I IVry � + i - C"'+TATA3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANdMED BEQhE THE*VKPIRATIDN DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL IT DAQWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SMALL City of Tamarac IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 7525 Northwest 88th Ave. REPRESENTATIVES. Tamarac rL 33321-2401 AUT I DAPS n ACORD 25 (2001/08) ®ACORD CORPORATION 1988 AC-0RD CERTIFICATE OF LIABILITY INSURANCE OP ID G DATE(MM/DOIYYYY) NABOR-1 1 01 30 07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Earl Bacon Agency, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3131 Lonnbladh Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O Box 12039 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tallahassee FL 32317 Phone:850-878-2121 Fax:850-878-2128 INSURED Nabors, Giblin & Nickerson P-A. P.O. Box i1008 Tallahassee FL 32302 COVERAGES INSURERS AFFORDING COVERAGE NAIC # INSURER A: Zenith Insurance Co INSURERB: St. Paul Travelers INSURER C: W INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 1N5 LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY _ —_... - - LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , 0 00 , 00 0 X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE '• i OCCUR I680446L4761 01/28/07 01/28/08 _uAmALB PREMISE $ 500,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1 , 000 , 00 0 _ GENERAL AGGREGATE $ 2, 000, 000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY PROECT LOC J m EBen, 1 O00 000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ AGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO I $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 B OCCUR u CLAIMSMADE ISMCUP446L4761 01/28/07 01/28/08 AGGREGATE $ 5,000,000 � $ DEDUCTIBLE $ X RETENTION $10 000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? Z830151617 01/28/07 01/28/08 X TORY LIMITS ER E.L. EACH ACCIDENT $ 100000 ._..�_�..-...- m$ 100 0 00 _. -.. E.L. DISEASE - EA EMPLOYEE If yes, describe under SPECIAL PROVISIONS below "---' E.L. DISEASE - POLICY LIMIT $ 500000 OTHER V5 ..i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Attorney office; *10-day notice of cancellation is required for c,In non-payment of premium; City of Tamarac is named additional insured as N� respects general liability coverage in regards to work performed for them by the insured. m 3.11n ♦.cnrrrr4NlC nvLUCrt {..HIV L.tLL.AIIVIV — Q .►" C I TATA3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL -LID 6E 0 E THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL City of Tamarac IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 7525 Northwest 88th Ave. REPRESENTATIVES. Tamarac FL 33321-2401 AUT RI EDAEP SPWIVE /'I ACORD 25 (2001108) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AGURD 25 (2001/08)