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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 11 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 1 • • 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. 'r� r� 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, K 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 _►, 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. 5 0 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. 0 0 The Assessment Professionals also warrant that to the best of their knowledge 0 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. M 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. I* 0 r� • lie 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. C` r� 0 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. 10 • 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. 11 r� u 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 12 • 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. 13 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 14 !� J 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. 15 rI 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