HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-196Temp. Reso. # 11327
November 15, 2007
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2007 /q, -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING AWARD OF A
PROFESSIONAL SERVICES CONTRACT FOR AN AMOUNT
OF $40,270 TO GOVERNMENT SERVICES GROUP, INC.
FOR AN UPDATE TO THE CITY'S FIRE ASSESSMENT
METHODOLOGY; 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 continue with the annual levy of a non -
ad valorem assessment on property; and
WHEREAS, the City has enjoyed a successful relationship with Government
Services Group, Inc. (GSG), for the current ongoing Fire Assessment Program; and
WHEREAS, a periodic update of the assessment program is recommended every
three to five years, and the last update was performed in 2004; and
WHEREAS, professional service contracts in excess of $30,000 require approval of
the Mayor and City Commission; and
WHEREAS, to provide continuity of service and technical expertise with GSG who
performs the annual fire assessment program, City staff recommends that the update of
the City's fire assessment methodology be performed as well with Government Services
Group, Inc.; and
WHEREAS, efficiencies of time and cost are best served with an update of the City's
fire assessment methodology with Government Services Group, Inc.; and
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Temp. Reso. # 11327
November 15, 2007
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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
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.
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 1, with Government Services Group, Inc. in an
amount not to exceed $40,270 for professional services rendered; 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.
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C
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Temp. Reso. # 11327
November 15, 2007
Page 3
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 2007.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
K-d3AMUEL S. GOREN
CITY ATTORNEY
i
1114YOT
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCO
DIST 1: COMM. PORTNER
DIST 2: COMM. ATKINS-GFLOb
DIST 3: V/M SULTANOF
DIST 4: COMM. DRESSLER
a
City of Tamarac � F''crrr,h asinrt and Contracts Division
AGREEMENT FOR PROFESSIONAL SERVICES
TH S AGREEMENT made and entered into this .L-2
day of - ,2 , 200�; 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, hereinafter collectively known
as "Consultant".
WHEREAS, the City is responsible for generation of revenues specifically ear-
marked for use in the operation of the City's Fire Rescue program; and
WHEREAS, it is necessary to provide for accurate assessments in line with current
cost and market conditions; and
WHEREAS, the City requires certain professional services in connection with
the development of an effective Fire Assessment Program; and,
WHEREAS, the Consultant has successfully provided the City with professional
assistance in the development and updating of its Fire Assessment requirements; 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 an ongoing Fire
Assessment program; 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 AND SCHEDULE
The effective date of this Agreement shall be the date of final execution of this
Agreement, with a completion of the requirements within the Delivery Schedule as
contained in Appendix B of Consultant's Proposal dated November 8, 2007, which is
incorporated herein as Contract Exhibit "A".
Tasks enumerated herein shall be completed in accordance with the respective
schedules provided in Appendix B of Exhibit "A" herein, and shall be completed no later
than September 15, 2008.
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 November 8, 2007, as specifically stated in
Appendix B 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.
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of Tamarac 0 Purrtrasing and Contracts Division
ARTICLE 3 - COMPENSATION
The City shall pay Consultant a fee not to exceed Forty Thousand Two Hundred
Seventy Dollars and No Cents, ($40,270.00), provide professional services relating to the
Update of the Fire Rescue Assessment Methodology for Fiscal Year 2008/2009 as
detailed in Appendix B of the Consultant's proposal dated November 8, 2007.
The lump sum fees include the cost of two on -site visits by representatives of
Consultant. Additional on -site visits, if needed, will be billable at Consultant's standard
hourly rate, in place on the date of final execution of this Agreement. Furthermore, the
costs of producing and mailing the statutorily required first class notices is not included,
however, production and mailing costs shall be fixed at $1.27 per parcel. Direct mailing
costs, however, may be subject to change as a result of changes to U.S. Postage rates.
In such cases, Consultant will be allowed to pass -on direct costs to the City, however,
there shall be no increase in Consultant's profit as a result of changes to any direct costs.
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.
City of Tamarac
and Contacts Division
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.
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,
City of Tamarac Purchasing and Contracts Division
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 make partial payments in accordance with the dates and
contract percentages provided in Appendix B of Exhibit "A". The City shall
pay the Consultant for work performed subject to successful completion of
project milestones as identified in the specifications of the job and subject
to any additions and deductions by subsequent change order provided in
the contract documents, upon receipt of properly prepared invoices.
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
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of Tamarac
Purchasing and Contracts Division
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.
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,
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City of Tamarac V1 Purchasing and Cnn M&S Divisioft
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.
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.
►_1:49Le3 �ib�K�1�L.:f�1l�LH _Vi�l_1i1911VL=li111.4
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
City of Tamarac
and Contracts Division
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.
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
City of Tamarac 0 Purrhasing and Contacts Division
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.
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:
CITY
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321-2401
of Tamarac
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
Piorhasing and Contracts Division
CONSULTANT:
Government Services Group, Inc. (GSG)
1500 Mahan Drive, Suite 250
Tallahassee, FL 32308
Attn: Camille Tharpe, Senior Vice 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
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.
Remainder of Page Intentionally Blank
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 Mayor and City Manager, and GOVERNMENT SERVICES GROUP, (GSG)
signing by and through its Senior Vice President, duly authorized to execute same.
ATTEST:
Marion Swen on, CMC
City Clerk
CTY =AR
Beth Flansbaum-Talabisco, Mayor GCS
ulvo
Date
Jeffr L. Willer, City Manager
iwj/ 7
Date
A ved as to form and legal sufficiency:
Date
1,r S uel S. Goren, City Attorney
D7
Date
ATTEST:
ml'hwl��om�11141 110
m
Camille Tharpe
Corporate Secy.
(CORPORATE SEAL)
Government Services Group, Inc. (GSG)
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21!�
Signature of Senior Vice President
Camille Tharpe
Senior Vice President
Date
10
City of Tamarac,
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OF
0 Pulchasinq and Contracts Division
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 bl'V�m , 206�
SANDRA G. MELGAREJO
Notary Public - State of Florida
-:MVC=n1WWbPkesNov 14, 2008
Commission # DD341569
rrrE OF F���
Bonded By National NotaryAssn.
91
ignature�of Notary Public
State of at Large
Print, Type or Stamp
Name 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.