HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-047•
Temp. Reso. #9306
March 5, 2001
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-47
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF TAMARAC
AND NABORS, GIBLIN & NICKERSON, P.A. AND
GOVERNMENT SERVICES GROUP, INC. FOR
PROFESSIONAL SERVICES IN THE ANNUAL UPDATE
OF NON -AD VALOREM SPECIAL ASSESSMENTS
LEVIED WITHIN THE INCORPORATED AREA OF THE
CITY OF TAMARAC FOR THE FUNDING OF FIRE
RESCUE SERVICES AND FACILITIES, FOR A THREE
YEAR TERM, IN THE AMOUNT OF $18,500 FOR EACH
FISCAL YEAR; GRANTING AUTHORITY FOR THE
TRANSFER OF FUNDS FROM FIRE RESCUE FUND
ACCOUNT ENTITLED "CONTINGENCY" TO
APPROPRIATE OPERATING ACCOUNTS FOR FEES
AND COSTS FOR CORRECT ACCOUNTING
PURPOSES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, in 1997 the City of Tamarac contracted with Nabors, Giblin
and Nickerson, P.A. and Government Services Group, Inc. for the
implementation and annual update of the non -ad valorem special assessment for
fire rescue services and facilities (R-97-105); and
WHEREAS, the City intends to continue the annual imposition of a fire
rescue assessment which will be collected on the tax bill in November each year;
0 and
Temp. Reso. #9306
March 5, 2001
Page 2
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WHEREAS, Nabors, Giblin & Nickerson and Government Services Group,
Inc. shall furnish specialized professional services for the annual update of the
non -ad valorem special assessment for three (3) years in the amount of $18,500
for each fiscal year; and
WHEREAS, available funds exist in the Fire Rescue Fund budget for said
purpose; and
WHEREAS, the City Manager and Director of Finance recommend
retaining the professional services of Nabors, Giblin & Nickerson, P.A. and
Government Services Group, Inc. for the annual update of the non -ad valorem
special assessment; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it 0
to be in the best interest of the citizens and residents of the City of Tamarac to
approve and execute the agreement with Nabors, Giblin & Nickerson, P.A. and
Government Services Group, Inc. to assist the City with the annual update of
non -ad valorem special assessments levied within the incorporated area of the
City of Tamarac for the funding of fire rescue services and facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
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. 0
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Temp. Reso. #9306
March 5, 2001
Page 3
SECTION 2: The appropriate City Officials are hereby authorized
to approve and execute the agreement attached hereto as "Exhibit A" between
the City of Tamarac and Nabors, Giblin & Nickerson, P.A. and Government
Services Group, Inc. for professional services relating to the uniform method of
collecting non -ad valorem special assessments authorized in Section 197.3632,
Florida Statutes, as amended, for the cost of providing fire rescue services and
facilities per contracted costs identified in Appendix A, Scope of Services and
Fees and Costs.
SECTION 3: Authority for transfer of funds from Fire Rescue Fund
account entitled "Contingency" to appropriate operating accounts for Fees and
Costs is hereby granted for, correct accounting purposes.
SECTION 4: Alf; resolutions or parts of resolutions in conflict
herewith are hereby repealed'to the extent of such conflict.
SECTION 5: If any clause, section, other park or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
Temp. Reso. #9306
March 5, 2001
Page 4
SECTION 6: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this 14t" day of March, 2001.
ATTEST:
MARION SWE SON, CMC
CITY CLERK
ERTdthiAESOLUTVN
Y CERTIFY that I ve
pras to form.
I&IIIIII.ICL
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST t: COMM. PORTNER
DIST 2: COMM, MISHKIN —
DIST 3: COMM. SULTANOF
DIST 4: VIM ROBERTS
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I-e__r-"P Or -so 1:11, 93U0
PROFESSIONAL SERVICES AGREEMENT
ThisProfessionalServices Agreement (the "Agreement") is entered into this /�
/r/i day of ylly-L , 2001, by and between the City of Tamarac, 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. ("NG&N"), a
Florida corporation. (GSG and NG&N are also collectively referred to herein as the
"Assessment Professionals").
WITNESSETH
WHEREAS, the City Commission of the City of Tamarac has imposed special
assessments to fund fire rescue services and facilities within the City for Fiscal Years
1996-97 through 2000-01; and
WHEREAS, the City intends to continue the annual imposition of a fire rescue
assessment which will be collected on the tax bill in November each year (the "Fire
Rescue 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 make themselves available to
provide professional services to assist the City in accomplishing the Fire Rescue
Assessment Project for Fiscal Years 2001-02 through 2003-04; and
WHEREAS, the Assessment Professionals shall furnish specialized professional
services directly to City staff.
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NOW, THEREFORE, it is agreed as follows:
TERMS
1. Recitals. The recitals and all statements contained herein are hereby
incorporated into and made a part of this Agreement.
2. Services to be Performed by 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 continuing imposition of the Fire Rescue 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 for imposing the Fiscal Year 2001-02 Fire Rescue
Assessment, and shall remain in effect for three (3) years, or until completion of the
objective of this Agreement which is to annually impose a recurring annual fire rescue
assessment to be collected using the tax bill in November of each year. The
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 the annual completion of the Fire Rescue
Assessment Project provided for by this Agreement, such termination shall in no way
prejudice the payments due to the Assessment 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
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Assessment Professionals prior to certification of the annual assessment roll and the
City continues to proceed with a fire rescue 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 under this
Agreement relating to such assessment roll.
4. Schedule of Fees. For services to be provided hereunder by the Assessment
Professionals, the Assessment Professionals shall work 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.
The lump sum fee includes reimbursement for all actual costs incurred, including
by way of example and not limitation, photocopies, long distance telephone charges,
overnight delivery services, and travel expenses except for the reimbursement for the
costs of producing, stuffing and mailing the statutorily required first class notices or
information obtained from the Property Appraiser, or like public official, which shall be
considered a Fire Rescue Assessment Project cost and will depend on the number of
assessable parcels each fiscal year. Such costs will be due and payable upon the
adoption of the preliminary assessment resolution each fiscal year.
S. 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 Fire Rescue 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 Fire Rescue 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.
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6. Documents. All documents, computer, media, and other data developed by the
Assessment Professionals in connection with the Fire Rescue 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 fail to perform any
of the terms and conditions contained herein, then the City, in addition to all other
remedies available by law, at its sole option and upon written notice to the Assessment
Professionals, may cancel and terminate this Agreement.
9. Conflict of Interest. The Assessment Professionals covenant that no person
under their employ who presently exercises any functions or responsibilities in
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 the 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
neither employed nor retained any company or person to solicit or secure this
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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
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
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,
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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.
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
employees of the City.
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.
17. Best Efforts. The Assessment Professionals covenant and agree. to use their
best efforts to assist in accomplishing the City's objectives. The use of special
assessments are often emotionally and politically contentious and can be subject to
challenge. The Assessment Professionals cannot provide any indemnification or
guarantee relative to any challenge to the validity, fairness, or reasonableness of the
fire rescue assessment. The Assessment Professionals' sole and exclusive obligation
is to share their experience and provide their best efforts providing a reasonable
analysis and approach to the development of a non -ad valorem assessment program;
the Assessment Professionals cannot and will not act as a guarantor of results.
Errors or omissions in the development of any assessment roll will be addressed
exclusively by developing remedies and procedures for the City within any
implementation documentation developed for or adopted by the City. Reassessment or
the development and reassessment of any remedy or cure resulting from an
administrative error or omission by the Assessment Professionals and the direct costs
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related thereto shall be provided by the Assessment Professionals at no additional
charge to the City.
18. Notices. All notices or other communications which shall or may be given
pursuant to this Agreement shall be in writing and shall be delivered by personal
service, or by registered mail addressed to the other party at the address indicated
herein or as the same may be changed from time to time. Such notice. shall be deemed
given on the day on which personally served; or, if by mail, on the fifth day after being
posted (return receipt requested) or the date of actual receipt, whichever is earlier..
CITY OF TAMARAC:
Jeffrey L. Miller
City Manager
7525 N.W. 88th Avenue
Tamarac, Florida 33321
(954)724-1321 /fax
With copy to:
Mr. Mitchell S. Kraft
City Attorney
7525 N.W. 88th Avenue
Tamarac, Florida 33321
(954)724-2454/fax
ASSESSMENT PROFESSIONALS:
Camille S. Gianatasio
Vice President
Government Services Group, Inc.
1500 Mahan Drive, Suite 250
Tallahassee, Florida 32308
(904)224-7206/fax
Virginia S. Delegal
Nabors, Giblin & Nickerson, P.A.
1500 Mahan Drive, Suite 200
Tallahassee, Florida 32308
(904)224-4073/fax
19. Amendments. No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
20. Miscellaneous Provisions.
A. Title and paragraph headings are for convenient reference and are not a
part of this Agreement.
B. In the event of conflict between the terms of this Agreement and any
terms or conditions contained in any other documents, the terms in this Agreement shall
rule.
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C. No waiver or breach of any provision of this Agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and no
waiver shall be effective unless made in writing.
D. 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
Tamarac, 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.
E. This agreement shall be governed by the laws of the State of Florida as
now and hereafter in force. The venue for actions arising out of this Agreement is fixed
in Broward County, Florida.
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.
GOVE NMENT SERVICES GROUP, INC.
By:
l(&Sqk9lf�-
CAMILLE S. GIA ATASIO
CITY OF TAMARAC, a municipal
corporat' n of the Stat of F lorida
By:
(/&sepA Schreiber, Mayor
M
UVJO wJ 4 N FBI M..-
ANnIUA1� FIRE,, RESCUE ASSESSMENT PROGRAM
Scope of Services
1) Develop/update the prior fiscal year fire rescue assessment roll for use in the
recurring annual assessment program.
2) Advise the City in determining the fire rescue assessment revenue requirements
for each fiscal year assessment program.
3) Calculate/confirm the proforma schedule of rates based on the apportionment
methodology and revenue requirements for each fiscal year assessment
program.
4) Draft implementing resolutions that conform to the fire rescue assessment
ordinance.
5) Advise and assist with the legal requirements for the adoption of the final
assessment rate resolution and certification of the assessment roll in accordance
with Section 197.3632, Florida Statutes including: (a) the development of the
TRIM notice or the first class notice and its distribution to any affected property
owners, (b) publication of the public hearing, and (c) the certification of the
assessment roll to the Broward County Department of Revenue Collection.
Fees and tbsts 9 24 �,w :.'
For services provided by GSG and NG&N, the lump sum fee for professional services
for the proposed scope of services will be $18,500 for each Fiscal Year. The lump sum
would be due and payable under the following schedule on a percent complete basis.
The lump sum fee for professional services includes one on -site visit by representatives
of GSG and NG&N. Additional on -site meetings may be arranged at our standard
hourly rates. Project status meetings may be arranged through scheduled telephone
conferences in lieu of additional on -site visits.
The lump sum fee does not include the costs of producing and mailing the
statutorily required first class notices for each Fiscal Year These costs
depend on the number of assessable parcels of property within the City.
However, mailing and production costs are 80 cents per parcel, due and
payable at the time of adoption of the preliminary assessment resolution.
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EvajimakTol W"-.,
MEN ,'P
-Schedule,,:,,, Critical Events
z,
AT
Calculate/Confirm Annual June 30% of lump sum fee
Assessment Rates
TRIM or First Class Notices July - August
"Ph,,kib A",
Annual Rate Resolution July -August 10% of lump sum fee
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