HomeMy WebLinkAboutCity of Tamarac Resolution R-98-152Temp. Reso. # 8197
May 11, 1998
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-98-_L15�
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A THREE-
YEAR AGREEMENT BETWEEN THE CITY OF TAMARAC
AND NABORS, GIBLIN & NICKERSON, P.A., AND
GOVERNMENT SERVICES GROUP, INC. IN AN ANNUAL
AMOUNT NOT TO EXCEED $17,500 FOR
PROFESSIONAL SERVICES AND $2,500 FOR EXPENSES
TO ASSIST THE CITY IN THE ANNUAL UPDATE AND
IMPLEMENTATION 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;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Tamarac imposed special
assessments for fire/rescue services and facilities for Fiscal Year 1997; and
WHEREAS, the City continued the annual imposition of special
assessments in Fiscal Year 1998; and
WHEREAS, the City intends to continue the annual imposition of special
assessments which will be collected on the tax bill in November each year for
fire/rescue services and facilities (referred to as the "Fire Rescue Assessment
Project"); and
Temp. Reso. # 8197
May 11, 1998
Page 2
WHEREAS, the City Manager and Assistant City Manager/Director of
Finance recommend retaining the professional services of Nabors, Giblin &
Nickerson, P.A.(NG&N) and Government Services Group, Inc. (GSG) (referred to
collectively as the Assessment Professionals); and
WHEREAS, the Assessment Professionals are well qualified and
experienced in assisting local governments with the development,
implementation and annual update of non -ad valorem special assessments and
have agreed to assist the City in accomplishing the Fire Rescue Assessment
Project for Fiscal Year 1999 implementation; and
WHEREAS, the Assessment Professionals shall furnish specialized
professional services for the implementation and annual update of non -ad
valorem special assessments for fire/rescue services and facilities; and
WHEREAS, a three year agreement will result in the complete
assessment update of methodology recommended to be performed every three
years, and is therefore due to be done in Fiscal Year 00, at no additional charge
saving the City $5,000; and
WHEREAS, available funds exist in the Fire/Rescue Fund budget for said
purpose; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interests of the citizens and residents of the City of Tamarac to
authorize
the
appropriate City
Officials to execute
a
three-year
agreement
between
the
City of Tamarac
and Nabors, Giblin
&
Nickerson,
P.A. and
Temp. Reso. # 8197
May 11, 1998
Page 3
Government Services Group, Inc. in an annual amount not to exceed $17,500 for
professional services and $2,500 in expenses to assist the City in the annual
update and implementation 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.
SECTION 2: The appropriate City Officials are hereby authorized to
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 an annual amount not to exceed $17,500 for professional services
and $2,500 for expenses to assist the City in the annual update and
implementation 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 authorized in Section 197.3632, Florida Statutes, as amended.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
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Temp. Reso. # 8197
May 11, 1998
Page 4
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of ,1998.
ATTEST:
A-C�4�
CAROL GOCA CMC/AAE
CITY CLERK
I REBY CERTIFY that I have
p rov d this RESOLUTI N as to form.
CITY ATTORNEY
E CHREIBER_
MAYOR
RECORD OF COMMIS;
MAYOR SCHREIBER
DIST 1. COMM. MIKAYE
DIST 2: V/M MISHKIN Y____
DIST 3: COMM. SULTANOF
DIST 4; ....C�1,M• ROB T
VOTE
0 PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (the "Agreement") is entered into this Z�day of
1998, 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
1997 and 1998; 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 1999 through 2001; and
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WHEREAS, the Assessment Professionals shall furnish specialized professional
services directly to City staff.
NOW, THEREFORE, it is agreed as follows:
TERMS
7. Recitals. The recitals and all statements contained therein are hereby
incorporated into and made a part of this Agreement.
2. Services to be Performed by the Assessment Professionals. The
Assessment Professionals shall, in conjunction with the general direction of the office of
the City Manager, City Attorney or their representative designees, provide the
professional services described in the Scope of Services attached hereto as Appendix
A in order to assist the City in the continuing imposition of the Fire Rescue Assessment
Project.
The professional fees to assist the City in developing and implementing the
contemplated Fire Rescue Assessment project specifically do not include litigation
defense services; however, NG&N shall be available, on an hourly basis at NG&N's
standard hourly rates for litigation services, to assist the City in any defense.
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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 1999 Fire Rescue
Assessment, and shall remain in effect for 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
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,
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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.
In addition to any lump sum or hourly fees, the City shall periodically reimburse
the Assessment Professionals for all actual costs incurred, including by way of example
and not limitation, photocopies, long distance telephone charges, overnight delivery
services, and travel expenses. Any travel expenses shall be in accordance with
Section 112. 061, Florida Statutes. Exrli,civa of -F.... aV _ _ _ _,
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, such costs are not estimated to annually exceed
$2,500. The Assessment Professionals shall seek prior approval from the City for any
costs exceeding such estimate. For ease of administration, any request for
reimbursement will come via a single invoice, together with copies of appropriate back-
up documentation, for both firms for a concurrent period.
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
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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.
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
0 through the date the Assessment Professionals is notified of termination.
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8. Default Provision. In the event that the Assessment Professionals shall fail to
comply with each and every term and condition of this Agreement or fails to perform
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 City. Also, the Assessment Professionals are aware of the
conflict of interest laws of the State of Florida, and agree that they shall fully comply in
all respects with the terms of said laws.
10. Award of Agreement. The Assessment Professionals warrant that they have
not employed or retained any company or person to solicit or secure this Agreement,
that they have not paid or agreed to pay any company or person any fee, commission,
percentage, brokerage fee, or gifts or any other consideration contingent upon or
resulting from the award or making of this Agreement.
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0 The Assessment Professionals also warrant that to the best of their knowledge
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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.
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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,
including apprenticeship. The Assessment Professionals agree to post in conspicuous
places, available to employees and applicants for employment, notices to be provided
isby 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.
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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. The direct costs
of any administrative error or omission by the Assessment Professionals shall be
corrected by and at the expense of the Assessment Professionals.
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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:
Robert S. Noe
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:
Robert E. Sheets
Chief Executive Officer
Government Services Group, Inc.
Suite 860, 315 S. Calhoun Street
Tallahassee, Florida 32301
(904)224-7206/fax
Mark G. Lawson
Nabors, Giblin & Nickerson, P.A.
Suite 800, 315 S. Calhoun Street
Tallahassee, Florida 32301
(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.
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B. In the event of conflict between the terms of this Agreement and any
terms or conditions contained in any other documents, the terms in this Agreement shall
rule.
C. This Agreement shall be governed by the laws of the State of Florida as
are now and hereinafter in force. The venue for actions arising out of this Agreement is
fixed in Broward County, Florida.
D. 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.
E. 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.
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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.
ATTEST:
—�!City Clerk — C I Gold, CMC/AAE
APPR V D S F
i
All
Mitchell S. Kraft, City
GOVERNMENT SERVICES GROUP, INC.
By:
�OBEiRT. SHEETS
Chief Executive Officer
NABORS, GIBLIN & NICKERSON, P.A.
am
CITY OF TAMARAC, a municipal
corporation of the State of Florida
By:
sep Schreiber
Mayor
Robert S. Noe, City Manager
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APPENDIX A
ANNUAL FIRE RESCUE ASSESSMENT PROGRAM
SCOPE OF SERVICES
1) Develop/update the fire rescue assessment roll each fiscal year for use in the
recurring annual assessment program including the correlation of newly improved
properties to the assessment roll.
2) Advise the City in determining the fire rescue assessment revenue requirements for
the assessment program for each fiscal year.
3) Calculate/confirm the proforma schedule of rates based on the apportionment
methodology and revenue requirements for the assessment program foreach fiscal
year.
4) Draft implementing resolutions that conform to the fire rescue assessment
ordinance.
5) Specifically in Fiscal Year 2000, GSG and NG&N will perform the following tasks
necessary to update the City's existing non -ad valorem assessments to evaluate
continued legal sufficiency:
5a)Re-evaluate, and revise if necessary, the City's existing legal documents, ad
valorem tax roll information, fire call data, agreements, reports and other data
pertaining to the provision of fire rescue services.
5b)The City will identify the full cost of the fire rescue service delivery using the City's
most current financial information including direct and indirect costs and identify
service delivery issues which may affect the apportionment methodology. Identify
the alternative sources of revenue to fund the service delivery costs and determine
the net service delivery revenue requirements.
5c)The City will determine the total fire rescue assessment revenue requirements to
ensure the City recovers the costs of: (a) net fire rescue service delivery revenue
requirements, (b) implementing the program and (c) collecting the assessments.
5d)Using the most current files from the ad valorem roll and the City's existing
assessment roll database, test the sufficiency of the database by developing reports
to access property use information.
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5e)Using the ad valorem roll and existing assessment roll, apply apportionment
methodology to assessment roll database to test the data validity and legal
sufficiency. Revise the apportionment methodology, as necessary.
50Calculate final schedule of rates based on the apportionment methodology and
revenue requirements for the Fiscal Year 1999 assessment program.
5g)Draft all legal documents to conform to the service assessment ordinance to impose
the updated fire rescue assessment to implement the City's policy decisions and
proposed methodology.
6) Advise and assist with the legal requirements for the adoption of the final
assessment rate resolution and certification of the assessment roll in accordance
with Section 197.3632, Florida Statutes including: a) the development of the first
class notice and its distribution to any affected property owners, if required, b)
publication of the public hearing, c) development of a public information sheets, d)
attendance at the public hearing, and e) the certification of the assessment roll to
the Broward County Department of Revenue Collection.
7) Where practical, assist the City in working with the Broward County Property
Appraiser to use the Truth-In-Millage ("TRIM") notice as the vehicle to provide first
class notice to property owners of fire rescue assessment rates.
Fee and Costs
For services provided by GSG and NG&N, the annual lump sum fee for professional
services for the proposed scope of services will be $17,500. The lump sum will be due
and payable under the following schedule under a percent complete basis. The annual
lump sum fee for professional services includes a total of four on -site visits by
representatives of GSG and NG&N. Meetings in excess of those contemplated
(together with any actual costs associated therewith) may be arranged at our standing
hourly rates.
The professional fees to assist the City in developing and implementing the
contemplated Fire Rescue Assessment project specifically do not include litigation
defense services; however, NG&N shall be available, on an hourly basis at NG&N's
standard hourly rates for litigation services, to assist the City in any defense.
In addition to the above lump sum fee for professional services, GSG and NG&N will
seek periodic reimbursement for actual costs incurred, such as photocopies, long
40 distance telephone charges, and overnight delivery services. Any travel expenses
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would be in accordance with Section 112.061, Florida Statutes. Requests for such
reimbursement shall be limited to $2,500 in any one year.
The estimate of costs does not include the costs of producing and mailing of the
statutorily required first class notices, if required, which is based upon the number of
assessable parcels of property within the City. Such costs would be payable prior to
the mailing of the first class notices.
Additional Services
GSG and NG&N are dedicated to governmental problem solving. Our practices and
business are purposely limited to assisting governments in a myriad of ways. GSG and
NG&N possess the ability to work effectively with local government staff and officials to
provide specialized assistance in developing innovative and efficient solutions for
government. Accordingly, on an hourly or negotiated fee basis, either or both GSG and
NG&N shall be available to provide additional services to the City on finance, revenue
or other local governmental matters.
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APPENDIX B
ANNUAL FIRE RESCUE ASSESSMENT PROGRAM
CRITICAL EVENTS SCHEDULE
EVENT
Update prior Fiscal Year
Assessment Roll
City Determines Net Revenue
Requirements
Calculate/Confirm Annual
Assessment Rates
Preliminary Rate Resolution
First Class Notices
Published Notice
Annual Rate Resolution
Certify upcoming Fiscal Year
Assessment Roll
SCHEDULE PAYMENT
June -July
July
July
July 75% of total
lump sum fee
July -August
June -August
July -August 15% of total
lump sum fee
by September 15 10% of total
lump sum fee
iry