HomeMy WebLinkAboutCity of Tamarac Resolution R-97-1051
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Temp. Reso. # 7864
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-97- /O5
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 IMPLEMENTATION AND 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;
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 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
WHEREAS, the City Manager, City Attorney and 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 1998 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
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Temp. Reso. # 7864
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 approve Nabors,
Giblin & Nickerson, P.A. and Government Services Group, Inc. to assist the City with the
development, implementation and 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:
SECTI N 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 professional services
relating to the uniform method of collecting non -ad valorem special assessments
authorized in Section 197.3632, Florida Statutes, as amended, for collecting non -ad
valorem assessments for the cost of providing fire/rescue services and facilities per
contracted costs identified in Appendix A, Scope of Services and Fee and Costs.
SECTION 3: Authority for transfer of funds from Fire/Rescue Fund account
entitled "Contingency" to appropriate operating accounts for Fee and Costs is hereby
granted for correct accounting purposes.
SECTIQ,N 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part 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.
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Temp. Reso. # 7864
SECTIQN 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this Pf day of M A f , 1997.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
OLUTION as to rm.
-MITCHELL S. KRAFT
CITY ATTORNEY
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0 PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (the "Agreement") is entered into this 14 day of
May 1 1997, 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 Year
0 1997; and
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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 Year 1998; 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
1. 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 implementation 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 1998 Fire Rescue
Assessment, and shall be renewable at the option of the City annually for 3 years or
until terminated by the City pursuant to written notice, or completion of the objective of
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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,
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
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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. Exclusive of 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, 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.
5. 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
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0 any field research (e.g. activities necessary to supplement incomplete data or correlate
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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
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 fails to perform
any of the terms and conditions contained herein, then the City, in addition to all other
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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.
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.
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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,
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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
by its personnel officer setting forth the provisions of this equal opportunity clause.
16. 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. Indemnification. The Assessment Professionals covenant and agree to
indemnify and hold harmless the City, its officers, agents and employees from any and
all claims, losses, damages, costs, charges or expenses arising out of or in connection
with the negligent acts, actions, or omissions of the Assessment Professionals'
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performance under this Agreement, or that of any of its officers, agents, employees or
sub -consultants, whether direct or indirect; provided, however, that the Assessment
Professionals shall not be liable under this Section for damages or injury arising out of
or directly caused by or resulting from the negligence of the City or any of its agents,
officers or employees. The indemnity provided herein is not limited by reason of any
particular insurance coverage in this Agreement. The indemnity and hold harmless
provisions hereof relate to the performance of professional services required to annually
impose a fire rescue assessment to be collected on the tax bill in November of each
year, and not the enforceability of any fire rescue assessments that may be ultimately
imposed by the City. It is understood by the City that the enforceability of any fire
rescue assessments is subject to interpretation of future court decisions.
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.
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CITY OF TAMARAC: ASSESSMENT PROFESSIONALS:
Robert S. Noe Robert E. Sheets
City Manager Chief Executive Officer
7525 N.W. 88th Avenue Government Services Group, Inc.
Tamarac, Florida 33321 Suite 860, 315 S. Calhoun Street
(954)724-1321/fax Tallahassee, Florida 32301
(904)224-7206/fax
With copy to: Mark G. Lawson
Nabors, Giblin & Nickerson, P.A.
Mr. Mitchell S. Kraft Suite 800, 315 S. Calhoun Street
City Attorney Tallahassee, Florida 32301
7525 N.W. 88th Avenue (904)224-4073/fax
Tamarac, Florida 33321
(954)724-2454/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.
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.
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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.
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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.
GOVERNMENT SERVICES GROUP, INC.
By:
ROBERT E. SHEETS
Chief Executive Officer
NABORS, GIBLIN & NICKERSON, P.A.
CITY OF TAMARAC, a municipal
corporation of the State of Florida
By: 02 —
(Aosepfi Schreiber
Mayor
ATTEST: I S- . 0 ,
--r� Robert S . Noe, City Manager
City Clerk - Carol A. Evans, CMC
APP V AS TO F
Mitc S. Kraft, City Attorney
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is APPENDIX A
ANNUAL FIRE RESCUE ASSESSMENT PROGRAM
SCOPE OF SERVICES
1) Assist the City in the development of procedures to identify newly improved
properties, analyze and advise the City on the impact of such properties on the Fire
Rescue Assessment Project. Correlate such newly improved properties to the
assessment roll each fiscal year.
2) Develop/update the fire rescue assessment roll each fiscal year for use in the
recurring annual assessment program.
3) Advise the City in determining the fire rescue assessment revenue requirements for
the assessment program for each fiscal year.
4) Calculate/confirm the proforma schedule of rates based on the apportionment
methodology and revenue requirements for the assessment program for each fiscal
year.
5) Draft implementing resolutions that conform to the fire rescue assessment
0 ordinance.
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, 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.
On an hourly or negotiated fee basis, GSG will also be available to advise and assist in
the development of procedures and training for City staff in implementing the annual
assessment.
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
40 (together with any actual costs associated therewith) may be arranged at our standing
hourly rates.
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
distance telephone charges, and overnight delivery services. Any travel expenses
would be in accordance with Section 112.061, Florida Statutes. Exclusive of
reimbursement for the costs of producing, stuffing and mailing of the statutorily required
first class notices or information obtained from the Property Appraiser, or like public
official, requests for reimbursement shall be limited to $2,500 in any one year.
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
W44k,II
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
June -July
July
July
July
July -August
June -August
July -August
by September 15
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PAYMENT
50% of total
lump sum fee
40% of total
lump sum fee
10% of total
lump sum fee