05/16/2007 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 8, 2007
TO:
Dave Koppel, County Engineer
Engineering Division
Pamela G. Hanc~
Deputy Clerk U
FROM:
At the May 16, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Professional Services Agreement between Monroe County
and Government Services Group (GSG) to collect the connection fees for Big Coppitt and Duck
Key by the tax bill method.
Enclosed is a copy of the above-mentioned for your handling. Should you have any
questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File/
Professional SelVices Agreement
J /.iI:!--
This Professional Services Agreement (the "Agreement") is entered into this ~ day of May, 2007, by and
between Monroe County (the "County"), and Government Services Group, Inc. ("GSG"). a Florida corporation.
WITNESSETH
WHEREAS, Monroe County has imposed special assessments to fund a comprehensive wastewater utility
program for Fiscal Year 2007-08; and
WHEREAS, the County now intends to continue the imposition of the wastewater assessment in Monroe
County which will be collected on the tax bill in November each year (the "Wastewater Assessment Project");
and
WHEREAS, GSG is well qualified and experienced in assisting local government with the development and
implementation of non-ad valorem assessments and have agreed to make themselves availabie to provide
professional services to assist the County in accomplishing the Wastewater Assessment Project for Fiscal
Year 2007-08; and
WHEREAS, GSG shall furnish specialized professional services directly to County staff.
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 office
of the County Administrator, County 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 County in the development of the Wastewater 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 County and GSG Wastewater Assessment
Project for Fiscai Year 2007-08, and shall remain in effect for one (1) year, or until completion of the
objective of this Agreement which is to maintain the annual wastewater assessment to be collected
using the tax bill collection method for Fiscal Year 2007-08. GSG shall promptly begin and diligently
provide the professional services contemplated herein generally in accordance with the Project
Schedule attached hereto as Appendix A so that the County may annually achieve its objective.
Accordingly, time is of the essence of this Agreement.
In the event of termination prior to the completion of the Wastewater Assessment Project provided
for by 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
County, 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 GSG is notified of termination then being due
and payable. In the event the County terminates this Agreement for any reason other than default by
GSG prior to completion of the Fiscal Year 2007-08 assessment roll and the County continues to
proceed with a wastewater assessment, the County 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 relating to such assessment roll.
4. Schedule of Fees. For services to be provided hereunder by GSG and its subcontractors, GSG shall
work under a lump sum professional fee arrangement described in the Scope of Services in
Appendix A on the payment basis described in the Critical Events Schedule.
The lump sum fee includes reimbursement for all actual costs incurred, including by way of example
and not limitation, photocopies, long distance telephone charges, overnight delivery services, and
travel expenses except for the reimbursement for the costs of producing, stuffing and mailing the
required first class notices or information obtained from the Property Appraiser, or like public official,
which shall be considered a Wastewater Assessment Project cost and will depend on the number of
assessable parcels for Fiscal Year 2007-08. Such costs will be due and payable upon the adoption
of the preliminary assessment resolution.
In the event that additional services are required to complete the Wastewater Assessment Program,
GSG will provide a proposal for the additional services at the standard hourly rates of GSG, provided
below. Additional services up to $5000.00 may be performed under this Professional Services
Agreement.
GSG
CEO
$225.00
$175.00
$160.00
$150.00
$140.00
$130.00
$130.00
$130.00
$130.00
$ 50.00
Sr. Vice President
Vice President
Project Manager
Sr. Consultant
Data Base Developer
Technical Services
Consultant
Communications Services
Administrative Support
Expenses related to additional meetings will be billed in conformance with section 112.061, Florida
Statutes.
5. Cooperation of the County. It shall be the obligation of the County to timely provide GSG with all
reasonably required information, data and records necessary to complete the Wastewater
Assessment.
The scope of services contemplated herein contemplates that the County will timely provide the
necessary budget background and apportionment information and the EDU allocation impervious
area data required to develop the Wastewater Assessment Project, timely provide staff to conduct
any field research (e.g., activities necessary to supplement incomplete data on the ad valorem tax
roll) and provide swift policy direction regarding various components of the methodology.
Government Services Group. Inc.
6. Documents. All documents. electronic media, and other data developed by GSG in connection with
the Wastewater Assessment Project shall be reproduced and made available to the County by GSG
at any time upon request of the County. 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 County upon written request.
7. Termination. The County 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 and expenses for actual costs incurred for
work performed hereunder through the date GSG is notified of termination.
S. 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
County, in addition to all other remedies available by law, at its sole option and 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 County. GSG covenant 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
County. Also, GSG is aware of the conflict of interest laws of the State of Florida, and agrees that it
shall fully comply in all respects with the terms of said laws.
10. Award of Agreement. GSG warrants that it has neither employed nor retained any company or
person to solicit or secure this Agreement, that it has 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.
GSG also warrants that to the best of its knowledge and belief no office holder or employee of the
County is interested directly or indirectly in the profits or emoluments of this Agreement.
U. Entire Agreement. This Agreement represents the entire and integrated agreement between the
County 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 County 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 $500,000; general liability insurance in a minimum amount of $300,000; and
vehicle liability in a minimum amount of $100,000 covering all liability arising out of the terms of this
Agreement. Upon receipt of original insurance certificates listing the Monroe County Board of County
Commissioners as certificate holders and additionally insured, the executed Professional Services
Agreement will be provided to GSG.
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 payor 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.
Government Services Group, Inc. .s
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 County; and shall not attain any rights or benefits generally afforded classified or unclassified
empioyees; further they shall not be deemed to be entitled to Florida Workers' Compensation
benefits as employees of the County.
16. Non-Delegablllty. It is understood and agreed that the obiigations undertaken by GSG pursuant to
this Agreement shall not be delegated or assigned to any other person or firm without the County's
prior written consent, which may be withheld at County's sole discretion.
17. Best Efforts. GSG covenants and agrees to use its best efforts to assist in accomplishing the
County'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 wastewater
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 deveiopment of any assessment roll will be addressed, with the
permission of the County, by developing remedies and procedures for the County within any
implementation documents that are developed for or adopted by the County. Reassessment or the
development and reassessment of any remedy or cure resulting from an administrative error or
omission by GSG and its subcontractors and the direct costs related thereto shall be provided by
GSG and its subcontractors at no additional charge to the County,
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.
MONROE COUNTY:
Elizabeth A. Wood
Senior Administrator, Sewer Projects
Monroe County
1100 Simonton St., Ste.216
Key West, FL 33040
(305) 292-4525
(305) 295-4321jfax
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) 224-7206jfax
With copy to:
Suzanne A. Hutton
County Attorney
502 Whitehead St., Courthouse
Annex, 3.d Fioor
Key West, FL 33040
(305)292-3470
(305)292-3516jfax
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.
Government Services Group. Inc. i
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. Shouid 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 Monroe County, such provision, paragraph, sentence, word
or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if
not modifiable to conform with such laws, then same shall be deemed severable, and in either event,
the remaining terms and provisions of this Agreement shall remain unmodified and in full force and
effect.
E. A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of
reai property to public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a periOd of 36 months from the date of being placed on the convicted vendor list.
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: (Bfl1W ~
CAMILLE P. THARPE
MONROE COUNTY
By~q~
MAYOR DIGENNARO
L. KOLHAGE, Clerk
APPROVED AS TO FORM
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Appendix A
SCOPE OF SERVICES
Proforma Scope of SelVices
Task 1:
Task 2:
Task 3:
Task 4:
Task 5:
Task 6:
Project initiation GSG will meet with County staff to finalize the goals and objectives of the
project. This may be accomplished by telephone conference.
Evaluate the preliminary electronic database developed by Monroe County Monroe County
has developed a preliminary electronic database in GIS by delineating those properties to
receive wastewater service based on land classification and proposed improvements and
merging with the most recent property appraiser data available.
GSG will evaluate the preliminary electronic database developed by Monroe County and
verify that the location of proposed improvements supports the imposition of the non-ad
valorem connection fee assessment. Maps depicting the location of proposed
improvements, Tier Maps, tax roll information and additional data required from Monroe
County staff will be provided, as necessary, for GSGs evaluation of the wastewater service
database.
Develop assessment database The preliminary electronic database will be used to create
the assessment database. GSG will obtain necessary information from County staff and
other sources related to the methodology and apportionment of costs to be used for the
assessment program. The wastewater connection fee is $4500 per equivalent dwelling unit
(EDU). It is anticipated that the assessed amount will include the costs associated with
development and certification of the final assessment roll, inciuding property appraiser and
tax collector costs, debt service requirements, and annual maintenance.
Vacant parcels are intended to receive an initial EDU allocation of "1". Water consumption
data is available for each parcel by real estate identification number. GSG will use a series
of queries and selection criteria to validate the common characteristics among the
categories and classes and Identify properties or buildings requiring further evaluation and
fieldwork analysis.
Create preliminary assessment roll Using the assessment database, GSG will create the
preliminary assessment roll. GSG will apply the apportionment methodology to the
assessment database to test the data validity and legal sufficiency.
Determine the assessment revenue requirements Determine the assessment revenue
requirements for the proposed projects including program implementation costs and annual
costs.
Review of legal documents Review of the implementing resolutions and documentation
associated with the creation of the indicated assessment programs.
Government Services Group, Inc. I A-1
Task 7:
Task 8:
Task 9:
Task 10:
Task 11:
Preparation of final assessment rates Assist the County with the final rate adoption process
for the assessment program including (a) the iegal requirements for any public hearings, (b)
the development of appropriate published notice and/or printing, stuffing and mailing of any
notices or bills and (c) the development of a public information sheet to be mailed with the
bills or notices (if necessary).
Prepare final assessment roll Based on the prepayments collected by the County and
revised EDU allocations identified through the FKAA appeals process, GSG will prepare the
adjusted final assessment roll that will implement the assessment program and will interface
with the Monroe County Tax Collector.
Establish collection and payment procedures Coordinate with the Monroe County Tax
Collector's Office and appropriate County staff to establish the system and procedures for
collection of assessment payments.
Certify final assessment roll In conformance with uniform method Using the final
assessment roll and updating any changes or modifications, GSG will prepare a file on
compatible electronic medium capable of merger with the ad valorem tax roll files. GSG will
develop test files and conduct test merger procedures to minimize errors.
Develop a plan to provide ongoing annual maintenance of the assessment program
Provide the County with a plan for ongoing assessment administration services to maintain
the assessment program and database foundations, and annual implementation services to
ensure adherence to statutory timeframes. If requested, the plan will outline the process for
the County to maintain the database.
PROPOSED FEES
The lump sum fee for the proforma scope of services for GSG is as follows:
Project areas with less than 50 parcels $7,500 lump sum fee
Project areas with 50 - 250 parcels $12,500 lump sum fee
Project areas with 250 - 500 parcels $17,500 lump sum fee
Project areas with> 500 parcels $22,500 lump sum fee
Therefore, the fees for the proposed project areas are as follows:
Big Coppit (approximately 1,150 parcels)
Duck Key (approximately 375 parcels)
Total
$22,500 lump sum fee
$17,500 lump sum fee
$40,000 lump sum fee
The lump sum fee includes expenses related to actual costs associated with photocopies, long distance
telephone charges, overnight delivery services and travel-related expenses. A lump sum method of
compensation eliminates any uncertainty in the total fee.
Including one on-site visit by GSG to conduct data collection, the lump sum fee for professional services
includes an aggregate of one additional on-site visit to the County by GSG staff to meet with elected officials
or property owners, if required. Meetings in excess of those contemplated may be arranged at our standard
hou rly rates.
Government Services Group, Inc. I 1\-2
The lump sum fee does not Include the costs of producing and mailing the statutorily required first class
notices for FY 2007-08. If necessary and requested, these costs depend on the number of assessable
parcels of property within the City. However, mailing and production costs are $1.25 per parcel, due and
payable at the time of adoption of the preliminary assessment resolution. In the event that the U.S.
postage rates increase during the course of this engagement, the mailing and production costs ($1.25
per parcel) will Increase by the exact amount of the U.S. postage rate Increase.
The lump sum fee will be due and payable in four installments (assuming notice to proceed occurs by May
15. 2007) as follows:
Payment
25 % of lump sum fee
25 % of lump sum fee
25 % of lump sum fee
25 % of lump sum fee
Schedule
June 2007
July 2007
August 2007
September 2007
ONLINE ASSESSMENT MANAGEMENT SERVICES
GSG's Technical Services Division offers data management tools to facilitate the maintenance and customer
service components of special assessment programs. Our online service allows Internet-based data look-
ups, payoff entry and reports in a user friendly web browser interface. Because, only a web browser and
internet connection are need, implementation overhead is eliminated. GSG handles the databases, archiving
and program code.
For more information please contact Mark Brown at 866-896-4747 or email mbrown@govserv.com.
ADDITIONAL SERVICES
In recognition that GSG is an organization dedicated to providing specialized assistance to locai
governments in developing innovative and efficient solutions to public sector issues, we shall, on an hourly
or negotiated fee basis, also be available to provide additional services to the County on finance, revenue or
other local governmental matters. Such services may be provided under a written change order, extension to
this scope of services, or by separate agreement based on our standard hourly rates.
Government Services Group. Inc. 11\:3
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EMPLOYERS' LIABUTY
ANY PROPRIETORIPARlNERiEXEOJTIVE E,L._ EACH ACCIDENT $
OFFICERlMEIvI3ER EXCLUDED? E.L DISEASE - EA E~OYEE $
~~~~~~~v~~s beloW EL DISEASE - POLICY LIMIT $
""'ER
~A# j~ OF 0PERA1KJN81 LOCATIONS J VEHICLES I EXCLUSIONS ADDED BY ENDOflllB ENT I SPECIAL PROVISIONS
Monz:oe COUDtll' is named adcUtiona1 in.UZ:ed.
CERTIFICATE HOLDER
CANCELLATION
COVERAGES
Monroe county
1100 stDoDton stz:eet
Key West r.L 33040
MOCOD2 SHOULD AN'{ OF 'T1oIE ABOVE IJE8CRIBED POLICIES BE CANCaLED BEFORE THE EXPIRATlON
DATE lliEREOF, nE ISSUING INIURER WLL ENJEAVOR TO MM. ~ DAYS't\'NTT&N
NanCE TO 1lE CERnFJCAlE HOLDER NAMED TO THE LEFT, BlIT FAU.IU! TO DO so SHALL
WOIE NO 08UGATION OR LIABLITY OF ANY KIND I.JtON THE MURER, ITS AGENTS OR
~SENTAT1VES.
.
il>ACORD CORPORATION 1888
ACORD 26 (2001108)