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HomeMy Public PortalAboutGovernement Services Group- Fire AssessmentProfessional Services Agreement This Professional Services Agreement (the "Agreement") is entered into this day of May 2014, by and between the City of Crestview (the "City"), and Government Services Group, Inc. ("GSG"), a Florida corporation. WITNESSETH WHEREAS, the City desires to conduct a study to examine the possibility of developing a non -ad valorem assessment program to fund fire services within the City ("Fire Services Assessment Study"); and WHEREAS, the City is interested in developing a non -ad valorem assessment program to fund the City's portion of costs associated with providing a benefit to parcels within the City through the rendering of fire services; and WHEREAS, GSG is well qualified and experienced in assisting local governments with the development and implementation of non -ad valorem assessments and has agreed to make themselves available to provide professional services and specialized assistance to assist the City; and 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 GSG. GSG shall, in conjunction with the general direction of the Mayor and City Attorney, or their representative designees, provide the professional services and specialized assistance described in the Scope of Services attached hereto as Appendix A in order to assist the City in the development of the Fire Services Assessment Study. 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 GSG for the Fire Services Assessment Study, and shall remain in effect for one (1) year, or until completion of the objective of this Agreement which is to conduct a study to examine the possibility of developing an assessment program to fund fire services within the City. GSG shall promptly begin and diligently provide the professional services and specialized assistance contemplated in the Scope of Services attached hereto as Appendix A. The rendering of such professional services and specialized assistance shall be in accordance with the deliverables schedule described in the Scope of Services attached hereto as Appendix A. So that the City may achieve its objectives, it is hereby acknowledged and recognized that, for purposes of this agreement and all appendices attached hereto, time is of the essence. In the event of termination prior to the completion of the Fire Services Assessment Study provided for by and through this Agreement, such termination shall in no way prejudice the payments due to GSG for services rendered, provided that the termination is not due to a default on the part of GSG. The City, at its sole option, may decide not to move forward at any time, with only the expended professional fees, costs and expenses actually incurred through the date GSG is notified of termination then being due and payable. In the event the City terminates this Agreement prior to completion of the Fire Services Assessment Study, for any reason other than default by GSG, and the City continues to proceed with a Fire services assessment program, the City shall provide a written general release to GSG, which is unqualified and absolute, concerning all advice, work product, responsibility and liability arising under this Agreement. 4. Schedule of Fees. For services to be provided hereunder by GSG, GSG shall work under a lump sum professional fee arrangement described in the Scope of Services in Appendix A. The lump sum fee for professional services includes only the designated on -site visits by GSG staff to the City. If necessary, in lieu of on -site visits, periodic telephone conference calls may be scheduled to discuss project status. 5. Cooperation of the City. It shall be the obligation of the City to timely provide GSG with all reasonably requested and required information, data and records necessary and/or required to develop the Fire Services Assessment Study. The Scope of Services attached hereto as Appendix A contemplates that the City will timely provide the necessary budgetary information, call data information, service delivery information and other reasonably requested and required information, data and records necessary and/or required to develop the Fire Services Assessment Study. The Scope of Services attached hereto as Appendix A contemplates that the City will timely provide necessary and/or required staff to conduct any field research (e.g., activities necessary to supplement incomplete data on the ad valorem tax roll, etc.) and provide swift policy direction regarding various components of the methodology necessary and/or required for continued progression of the Fire Services Assessment Study. 6. Documents. All documents, electronic media, and other data developed by GSG in connection with the Fire Services Assessment Study shall be reproduced and made available to the City by GSG at any time upon request of the City. When any work contemplated under this Agreement is completed, or for any reason is 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 the event of such termination, GSG shall be entitled to the professional fees on an hourly basis from the last percentage of the project completed, as well as any costs and/or expenses for actual expended services incurred for work performed hereunder through the date GSG is notified of termination. 8. Default Provision. In the event that GSG 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, upon written notice to GSG, may cancel and terminate this Agreement. 9. Conflict of Interest. GSG covenants 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. GSG covenants that, in the performance of this Agreement, no person having such conflicting interests shall be employed. Any such interests on the part of GSG, or its employees, subcontractors, or employees of its subcontractors must be disclosed in writing to the City. Also, GSG is aware of the Conflict of Interest laws for the State of Florida, and agree that they shall fully comply in all respects with the terms of said laws. 10. Award of Agreement. GSG warrants 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 GSG, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument executed by the City and GSG. 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. GSG shall maintain during the terms of this Agreement professional liability insurance in a minimum amount of $1,000,000 covering all liability arising out of the terms of this Agreement. 14. Nondiscrimination In Employment. GSG shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, handicap or marital status. GSG 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. GSG agrees 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. GSG and its 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 to be entitled to Florida Workers' Compensation benefits as employees of the City. 16. Non-Delegability. It is understood and agreed that the obligations undertaken by GSG 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 the City's sole discretion. 17. Best Efforts. GSG covenants and agrees to use their best efforts to assist in accomplishing the City's objectives. The use of special assessments is often politically contentious and can be subject to challenge. Because the state of the law is always subject to change, GSG cannot provide any indemnification or guarantee relative to any challenge to the validity of the assessment. GSG's 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. Errors or omissions in the development of any assessment roll will be addressed, with the permission of the City, by developing remedies and procedures for the City within any implementation documents that are 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 GSG, and the direct costs related thereto, shall be provided by GSG 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. C TY�OF CRESTVIEW ity of Crestview GOVERNMENT SERVICES GROUP, INC.: Camille P. Tharpe, Senior Vice President Government Services Group, Inc. 1500 Mahan Drive, Suite 250 Tallahassee, Florida 32308 (850) 681-3717 (850) 224-7206/fax 19. Public Records. Contractor shall comply with Florida Public Records Laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Crestview in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the City of Crestview would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Crestview all public records in possession of the contractor upon termination or the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City of Crestview in a format that is compatible with the information technology systems of the City of Crestview. 20. Sovereign Immunity. Nothing in this Agreement is intended to nor shall be construed to waive the City's rights and immunities under the Florida Constitution, Common law, or Florida Statutes s,768.28, as amended from time to time. 21. Venue and Waiver of Jury Trial. The location for settlement of any and all claims, controversies, disputes, arising out of or relating to any part of this Agreement, or any breach hereof, shall be exclusively in Okaloosa County, Florida and nowhere else. THE PARTIES FURTHER AGREE THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT WOULD INVOLVE COMPLICATED AND DIFFICULT FACTUAL AND LEGAL ISSUES. THEREFORE, ANY ACTION BROUGHT BY ONE PARTY AGAINST THE OTHER PARTY, BROUGHT BY ONE PARTY, ALONE OR IN COMBINATION WITH OTHERS AGAINST THE OTHER PARTY, WHETHER ARISING OUT OF THIS AGREEMENT OR OTHERWISE, SHALL BE DETERMINED BY A JUDGE SITTING WITHOUT A JURY. 22. Amendments. No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 23. 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. 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 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. IN WITNESS WHEREOF, the parties hereto have, through their proper and duly authorized officials, executed this Agreement. GOVERNMENT SERVICES GROUP, INC. By: s-3-1 T CAMILLE P. THARPE, SR. VICE PRESIDENT DATE CITY OF CRESTVIEW By: `.' �(,-;4A 0-4-LLe 1 ATTEST: g-6 )41- DATE ,4/ DATE Appendix A FIRE ASSESSMENT PROGRAM DEVELOPMENT Scope of Services Task 1: Evaluate Reports and Research Issues Evaluate the City's existing documents, ad valorem tax roll information, fire call data, agreements, reports and other data pertaining to the provision of fire services, Task 2: Identify Full Costs of Service Evaluate the full cost of the fire service delivery using the City's most current financial information and identify service delivery issues which may affect the apportionment methodology. Determine the net service delivery revenue requirements. Task 3: Develop the Apportionment Methodology Using the current ad valorem tax roll and fire incident data reported to the State Fire Marshal, develop the method of apportionment, classification of properties and the use of the data on the assessment roll. Review the assessment methodology for legal sufficiency and compatibility with alternative methods of collection. Task 4: Determine Preliminary Revenue Requirements Advise the City in determining the total fire service assessment revenue requirements to ensure the City recovers the costs of: (a) net fire service delivery revenue requirements, (b) implementing the program, and (c) collecting the assessments. Task 5: Develop Preliminary Assessment Roll Database Using the current ad valorem tax roll, create a preliminary assessment roll database. Test the sufficiency of the database by developing reports to access property information. Task 6: Apply Apportionment Methodology to Database Apply the apportionment methodology to the preliminary assessment roll database to test the data validity and legal sufficiency. Revise the apportionment methodology as necessary. Task 7: Calculate a Preliminary Proforma Schedule of Rates Using the developed assessment roll, calculate a proforma schedule of rates based on the developed apportionment methodology and revenue requirements for the assessment program. Task 8: Prepare and Present Assessment Memorandum Prepare and present an Assessment Memorandum which documents proposed apportionment methodology and proforma assessment rates. FEES AND COSTS For the professional services and specialized assistance described in the attached Scope of Services, GSG will work under a "lump sum" fee arrangement of $19,500. The lump sum fee for professional services includes a total of three on -site visits to the City by GSG staff. While the purpose of these trips is negotiable, the intent of these meetings is to obtain initial information, participate in individual briefing sessions with elected officials, and present the assessment memorandum at a City Council Workshop. If necessary, in lieu of additional on -site visits, periodic telephone conference calls may be scheduled to discuss project status. Government Services Group, Inc. I A-i The lump sum fee does not include the costs of producing and mailing any first class notices, if required. Mailing and production costs depend on the number of assessable parcels of property within the assessment program area, but average approximately $1.35 per parcel. Payment of mailing and production costs is due at the time of adoption of the initial assessment resolution or like document. For non -domestic notices, mailing charges will include the actual amount of postage beyond the domestic rate. Should U.S. postage rates increase prior to mailing (currently $0.49), the additional postage per notice will be charged. The lump sum fee also does not include the costs of producing the data exports needed for the production of TRIM notices, if required. Data exports for TRIM notices will be transmitted as necessary to the Property Appraiser's office, per their specifications and be billed at the lump sum fee of $1,000 for the fire assessment program. Payment of these production costs is due at the time of adoption of the initial assessment resolution or like document. The City is responsible for any and all newspaper publications, including, but not limited to, making arrangements for publications and any costs associated therewith. The City is also responsible for any costs incurred to obtain information from the property appraiser or other public official that is necessary for the assessment program. Please note that GSG works with the premise of developing and implementing assessment programs with an eye on potential legal challenges in an attempt to maximize both the efficiency and the effectiveness of any defense. Nonetheless, the fees outlined above for professional services do not include any provision for litigation defense. Accordingly, in the event there is a legal challenge, GSG would be available, on an hourly basis, to assist the City in its defense. DELIVERABLES SCHEDULE Deliverable Schedule Notice to Proceed May 2014 Kick-off Meeting/Data Collection May 2014 Proforma Budget Development May - June 2014 Assessment Methodology May - June 2014 Proforma Assessment Rates July 2014 Assessment Memorandum July 2014 PAYMENT SCHEDULE The lump sum fee for professional services and specialized assistance will be due and payable on the following basis. Payment will be based on the following schedule, assuming that notice to proceed is received by May 9, 2014. If notice to proceed occurs after this date, payment will be adjusted on the basis of a condensing of the anticipated number of months remaining to complete the project. Schedule Percent of Total Amount June 2014 July 2014 50%, of Lump Sum Fees 50% of Lump Sum Fees $9, 750 $9,750 Government Services Group, Inc. I A