Item I2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 15, 2009 Division: County Administrator
Bulk Item: Yes _ No X Department: Wastewater
Staff ConW Person/Phone #Elizabeth Wood 305-2924525
AGENDA ITEM WORDING: Approval to award contract to Government Services Group, Inc. for
the Development and Administration of the Non Ad -valorem Assessment for Wastewater Service
Areas.
ITEM BACKGROUND: This agreement provides for the development of the assessment roll for the
Cudj oe Regional Service Area and the annual services for the Cudj oe Regional, Big Coppitt, Stock
Island, and Duck Key programs. The selection committee ranked the proposals from two respondents.
Approval was granted at the March 18, 2009 BOCC meeting to negotiate a price with the highest
ranked respondent. Initial fees to set up the Cudj oe Regional assessment roll will be paid with revenue
collected from the Municipal Service Taxing Unit (MSTU). Revenue to reimburse the MSTU Fund
will be collected on the non -ad valorem tax bill.
PREVIOUS RELEVANT BOCC ACTION: September 6, 2005 Interlocal Agreement between
County and FKAA which states that County will levy non -ad valorem assessments. The County
previously adopted Final Assessment resolutions for the Big Coppitt, Duck Key and Stock Island
Service Areas and requires annual reconciliation and certification of these tax rolls.
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:_$84,440 Year 1 BUDGETED: Yes X No
$40,000 Year 2
COST TO COUNTY: $0 SOURCE OF FUNDS: MSTU
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 11/06
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: GSG Contract #
Effective Date: April 15, 2009
Expiration Date: October 1, 2014
Contract Purpose/Description:
This agreement is for the development of the Cudjoe Regional non -ad valorem wastewater
assessment program and the annual services/administration required for the Cudioe Regional
and existing Big Coppitt, Stock Island and Duck Key assessment programs.
Contract Manager: Elizabeth Wood 4525 Wastewater/#1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on Aril 18, 2009 Agenda Deadline: March 31, 2009
CONTRACT COSTS
Total Dollar Value of Contract: $ 244,440.00. Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: 172-55006-560630-
Grant: $ N/A 169-55003-560630-
County Match: $
N/A
($18,690.54)
171-55005-560630-
176-55010-560630-
ADDITIONAL COSTS
87,940.00
-530340 ($64,440)
-530340
,-530340 ($912.14)
-530340 ($3,897.32)
Estimated Ongoing Costs: $40,000/yr For: annual certification of tax roll and
database management
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes❑ No❑
Risk Management Yes[:] No�
O.M.B./Purchasing Yes[-] No� L�
County Attorney Yes[-]No� (�
Comments:
I
OMB Form Revised 2/27/01 MCP #2
AGREEMENT FOR
CONSULTING SERVICES
for
Development and Administration of Non Ad -valorem Assessment Program
This Agreement ("Agreement") made and entered into this day of
, 200 by and between Monroe County, a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its
successors and assigns, hereinafter referred to as "COUNTY," through the Monroe
County Board of County Commissioners ("BOCC"),
0►e
Government Services Group, Inc., a corporation of the State of Florida, whose
address is 1500 Mahan Drive, Ste 250, Tallahassee, FL 32308 its successors and
assigns, hereinafter referred to as "CONSULTANT",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of
CONSULTANT for Assessment Program Services; and
WHEREAS, CONSULTANT has agreed to provide professional services which
shall include but not be limited to providing Tasks 1 through 6 of the Cudjoe Regional
Non -ad Valorem Wastewater Assessment Program and Annual Assessment Services,
which services shall collectively be referred to as the "the Project";
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency
of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows:
ARTICLE 1
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONSULTANT makes the following express
representations and warranties to the COUNTY:
1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONSULTANT for the Project until the
CONSULTANT'S duties hereunder have been fully satisfied;
1.1.2 The CONSULTANT has become familiar with the Scope of Work and information
sources available to complete the work.
Page 1 of 14
1.1.3 The CONSULTANT shall prepare all documentation required by this Agreement
in such a manner that they shall be accurate, coordinated and adequate for use
in collecting non -ad valorem special assessments by the uniform method and
shall be in conformity and comply with all applicable law, codes and regulations.
The CONSULTANT warrants that the non -ad assessment roll prepared as a part
of this Agreement will be in a format that is acceptable to the Monroe County Tax
Collector.
1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ.
1.1.5 The CONSULTANT'S services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Project.
In providing all services pursuant to this agreement, the CONSULTANT shall
abide by all statutes, ordinances, rules and regulations pertaining to, or
regulating the provisions of such services, including those now in effect and
hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle
the Board to terminate this contract immediately upon delivery of written notice of
termination to the CONSULTANT.
1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an
independent contractor and not an employee of the Board of County
Commissioners for Monroe County. No statement contained in this agreement
shall be construed so as to find the CONSULTANT or any of his/her employees,
contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
1.1.7 The CONSULTANT shall not discriminate against any person on the basis of
race, creed, color, national origin, sex, age, or any other characteristic or aspect
which is not job related, in its recruiting, hiring, promoting, terminating, or any
other area affecting employment under this agreement or with the provision of
services or goods under this agreement.
ARTICLE II
SCOPE OF BASIC SERVICES
2.1 DEFINITION
CONSULTANT'S Scope of Basic Services consists of those described in Attachment A.
The CONSULTANT shall commence work on the services provided for in Attachment A
promptly upon receipt of an executed agreement from the COUNTY.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The CONSULTANT shall, without additional compensation, promptly correct any errors,
omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its
subconsultants, or both.
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2.3 NOTICE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONSULTANT. Any notice required or permitted under this
agreement shall be in writing and hand delivered or mailed, postage pre -paid, to the
COUNTY by certified mail, return receipt requested, to the following:
Roman Gastesi
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
And: Elizabeth A. Wood
Monroe County Senior Administrator, Sewer Projects
1100 Simonton Street, Room 2-216
Key West, Florida 33040
For the Consultant:
Mark Brown & Camille Tharpe
Government Services Group, Inc.
1500 Mahan Drive, Suite 250
Tallahassee, FL 32308
ARTICLE III
ADDITIONAL SERVICES
3.1 The services described in this Article III are not included in the Basic Scope of
Services. They shall be paid for by the COUNTY as an addition to the
compensation paid for the Basic Scope of Services and are as follows:
A. Providing any other services not otherwise included in this Agreement
3.2 If Additional Services not otherwise included in this Agreement, are required,
such as those listed above, the COUNTY shall issue a letter requesting and
describing the requested services to the CONSULTANT. A notice to proceed
from the COUNTY will be issued in the form of subsequent Task Orders within
the level of authority specified in the Monroe Board of County Commissioners
Purchase Policy. The requirement for more than one price quote for additional
assessment services is hereby waived.
An amendment to the contract will be required if the proposal requires Board of
County Commissioners approval.
Page 3 of 14
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall designate a representative to act on the COUNTY's behalf
with respect to the Project. The COUNTY or its representative shall render
decisions in a timely manner pertaining to documents submitted by the
CONSULTANT in order to avoid unreasonable delay in the orderly and
sequential progress of the CONSULTANT'S services.
4.2 Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to
have been duly served if sent pursuant to paragraph 2.3.
4.3 The COUNTY shall furnish the required information and services and shall
render approvals and decisions as expeditiously as necessary for the orderly
progress of the CONSULTANT'S services and work of the contractors.
4.4 The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such
documents are generally consistent with the COUNTY's criteria, as, and if,
modified. No review of such documents shall relieve the CONSULTANT of
responsibility for the accuracy, adequacy, fitness, suitability or coordination of its
work product.
4.5 The COUNTY shall provide copies of necessary documents required to complete
the work.
4.6 Any information that may be of assistance to the CONSULTANT that the
COUNTY has immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The CONSULTANT covenants and agrees to indemnify, hold harmless and defend
COUNTY, its commissioners, officers, employees, agents and servants from any and all
claims for bodily injury, including death, personal injury, and property damage, including
damage to property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise
out of, in connection with, or by reason of services provided by CONSULTANT or its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act
or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers,
employees, servants and agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Consultant's failure to purchase or maintain the required
insurance, the CONSULTANT shall indemnify COUNTY from any and all increased
expenses resulting from such delay. Should any claims be asserted against COUNTY
by virtue of any deficiency or ambiguity in the plans and specifications provided by the
Page 4 of 14
CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the
County harmless and shall indemnify it from all losses occurring thereby and shall
further defend any claim or action on the COUNTY's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is
consideration for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 PERSONNEL
The CONSULTANT shall assign only qualified personnel to perform any service
concerning the project. At the time of execution of this Agreement, the parties anticipate
that the following named individuals will perform those functions as indicated:
NAME FUNCTION
Mark Brown Management/Data
Analysis/Programming
Camille Tharpe Project Oversight
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they
are replaced the CONSULTANT shall notify the COUNTY of the change immediately.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the
CONSULTANT'S performance of this Agreement based on rates and schedule
negotiated and agreed upon and shown in Attachment B.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and
responsibilities set forth herein, the CONSULTANT shall be paid pursuant to the
Florida Prompt Payment Act.
Page 5 of 14
(A) If the CONSULTANT'S duties, obligations and responsibilities are
materially changed by amendment to this Agreement after execution of
this Agreement, compensation due to the CONSULTANT shall be
equitably adjusted, either upward or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services
properly rendered and reimbursable expenses due hereunder. The
CONSULTANT'S invoice shall describe with reasonable particularity the
service rendered. The CONSULTANT'S invoice shall be accompanied by
such documentation or data in support of expenses for which payment is
sought at the COUNTY may require.
7.4 BUDGET
7.4.1 The CONSULTANT may not be entitled to receive, and the COUNTY is not
obligated to pay, any fees or expenses in excess of the amount budgeted for this
contract in each fiscal year (October 1 - September 30) by COUNTY's Board of
County Commissioners. The budgeted amount may only be modified by an
affirmative act of the COUNTY's Board of County Commissioners.
7.4.2 The COUNTY's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Board of County Commissioners
and the approval of the Board members at the time of contract initiation and its
duration.
ARTICLE VIII
INSURANCE
8.1 The CONSULTANT shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion
of the project (to include the work of others) is delayed or suspended as a result
of the CONSULTANT'S failure to purchase or maintain the required insurance,
the CONSULTANT shall indemnify the COUNTY from any and all increased
expenses resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best
rating of VI or better, that is licensed to business in the State of Florida and that
has an agent for service of process within the State of Florida. The coverage
shall contain an endorsement providing sixty (60) days notice to the COUNTY
prior to any cancellation of said coverage. Said coverage shall be written by an
insurer acceptable to the COUNTY and shall be in a form acceptable to the
COUNTY.
8.3 CONSULTANT shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida,
sufficient to respond to Florida Statute 440.
Page 6 of 14
B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000
Disease, policy limits, $100,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including onsite and offsite
operations, and owned, hired or non -owned vehicles, with One Hundred
Thousand ($100,000) per occurrence and combined single limit.
D. Commercial general liability, including Personal Injury Liability, covering
claims for injuries to members of the public or damage to property of others
arising out of any covered act or omission of the CONSULTANT or any of its
employees, agents or subcontractors or subconsultants, including Premises
and/or Operations, Products and Completed Operations, Independent
Contractors; Broad Form Property Damage and a Blanket Contractual
Liability Endorsement with Three Hundred Thousand ($300,000.00) per
occurrence and combined single limit.
An Occurrence Form policy is preferred. If coverage is changed to or
provided on a Claims Made policy, its provisions should include coverage for
claims filed on or after the effective date of this contract. In addition, the
period for which claims may be reported must extend for a minimum of 48
months following the termination or expiration of this contract.
E. Professional liability insurance of Two Hundred and Fifty Thousand
($250,000.00) per occurrence and Five Hundred Thousand Dollars
($500,000.00) annual aggregate. If the policy is a "claims made" policy,
CONSULTANT shall maintain coverage or purchase a "tail" to cover claims
made after completion of the project to cover the statutory time limits in
Chapter 95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to
CONSULTANT'S liabilities hereunder in insurance coverages identified in
Paragraphs C and D.
G. CONSULTANT shall require its subconsultants to be adequately insured at
least to the limits prescribed above, and to any increased limits of
CONSULTANT if so required by COUNTY during the term of this Agreement.
COUNTY will not pay for increased limits of insurance for subconsultants.
H. CONSULTANT shall provide to the COUNTY certificates of insurance or a
copy of all insurance policies including those naming the COUNTY as an
additional insured. The COUNTY reserves the right to require a certified copy
of such policies upon request.
I. If the CONSULTANT participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the CONSULTANT may be required to
submit updated financial statements from the fund upon request from the
COUNTY.
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ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are
not a part of this Agreement and will not be used in the interpretation of any
provision of this Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents and deliverables prepared by the CONSULTANT for this Project
belong to the COUNTY and may be reproduced and copied without
acknowledgement or permission of the CONSULTANT.
9.3 SUCCESSORS AND ASSIGNS
The CONSULTANT shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the Board of
County Commissioners for Monroe County and the CONSULTANT, which
approval shall be subject to such conditions and provisions as the Board may
deem necessary. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall comply with
all of the provisions of this agreement. Subject to the provisions of the
immediately preceding sentence, each party hereto binds itself, its successors,
assigns and legal representatives to the other and to the successors, assigns
and legal representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise,
with or any rights in favor of, any third party.
9.5 TERMINATION
A. In the event that the CONSULTANT shall be found to be negligent in any
aspect of service, the COUNTY shall have the right to terminate this
agreement after five days written notification to the CONSULTANT.
B. Either of the parties hereto may cancel this Agreement without cause by
giving the other party sixty (60) days written notice of its intention to do so.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Proposals, any addenda, the Form of
Agreement (Articles I -IX), the CONSULTANT'S response to the RFP, the
documents referred to in the Form of Agreement as a part of this Agreement, and
attachments A/B and modifications made after execution by written amendment.
Page 8 of 14
In the event of any conflict between any of the Contract documents, the one
imposing the greater burden on the CONSULTANT will control.
9.7 PUBLIC ENTITIES CRIMES
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 on contracts to provide any
goods or services to a public entity, may not submit a bid 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 real 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 of the
Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
By signing this Agreement, CONSULTANT represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement
and recovery of all monies paid hereto, and may result in debarment from
COUNTY's competitive procurement activities.
In addition to the foregoing, CONSULTANT further represents that there has
been no determination, based on an audit, that it or any subconsultant has
committed an act defined by Section 287.133, Florida Statutes, as a "public entity
crime" and that it has not been formally charged with committing an act defined
as a "public entity crime" regardless of the amount of money involved or whether
CONUSULTANT has been placed on the convicted vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
subconsultant is formally charged with an act defined as a "public entity crime" or
has been placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained
for a period of five years from the termination of this agreement. Each party to
this Agreement or its authorized representatives shall have reasonable and
timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following
the termination of this Agreement. If an auditor employed by the COUNTY or
Clerk determines that monies paid to CONSULTANT pursuant to this Agreement
were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the CONSULTANT, the CONSULTANT shall repay the monies
together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes,
running from the date the monies were paid by the COUNTY.
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9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida applicable to contracts made and to be performed entirely
in the State. In the event that any cause of action or administrative proceeding
is instituted for the enforcement or interpretation of this Agreement, COUNTY
and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe
County, Florida, in the appropriate court or before the appropriate administrative
body. This agreement shall not be subject to arbitration. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with
the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
9.10 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The COUNTY and CONSULTANT agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
9.11 ATTORNEY'S FEES AND COSTS
The COUNTY and CONSULTANT agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-
pocket expenses, as an award against the non -prevailing party, and shall include
attorney's fees, courts costs, investigative, and out-of-pocket expenses in
appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind
and inure to the benefit of the COUNTY and CONSULTANT and their respective
legal representatives, successors, and assigns.
9.13 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law.
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9.14 CLAIMS FOR FEDERAL OR STATE AID
CONSULTANT and COUNTY agree that each shall be, and is, empowered to
apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONSULTANT agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives
of each of the parties. If no resolution can be agreed upon within 30 days after
the first meet and confer session, the issue or issues shall be discussed at a
public meeting of the Board of County Commissioners. If the issue or issues are
still not resolved to the satisfaction of the parties, then any party shall have the
right to seek such relief or remedy as may be provided by this Agreement or by
Florida law. This provision does not negate or waive the provisions of paragraph
9.5 concerning termination or cancellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, performance, or breach of this
Agreement, COUNTY and CONSULTANT agree to participate, to the extent
required by the other party, in all proceedings, hearings, processes, meetings,
and other activities related to the substance of this Agreement or provision of the
services under this Agreement. COUNTY and CONSULTANT specifically agree
that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
9.17 NONDISCRIMINATION
CONSULTANT and COUNTY agree that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court
of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party,
effective the date of the court order. CONSULTANT or COUNTY agrees to
comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination
on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975,
as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis
of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Page 11 of 14
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3),
as amended, relating to confidentiality of alcohol and drug abuse patient records;
8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age; 11) Any
other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
CONSULTANT and COUNTY covenant that neither presently has any interest,
and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
9.19 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will
be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
9.20 NO SOLICITATION/PAYMENT
The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift,
or other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of the provision, the CONSULTANT
agrees that the COUNTY shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover,
the full amount of such fee, commission, percentage, gift, or consideration.
9.21 PUBLIC ACCESS
The CONSULTANT and COUNTY shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the CONSULTANT and COUNTY in
connection with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by
CONSULTANT.
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9.22 NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation
of the CONSULTANT and the COUNTY in this Agreement and the acquisition of
any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by
the COUNTY be required to contain any provision for waiver.
9.23 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, disability, workers' compensation,
and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the COUNTY, when performing their
respective functions under this Agreement within the territorial limits of the
COUNTY shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside
the territorial limits of the COUNTY.
9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of
the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law.
9.25 NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to
or benefit of any service or program contemplated hereunder, and the
CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the
COUNTY or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a
Drug -Free Workplace Statement. Signature of this Agreement by CONSULTANT
shall act as the execution of a truth in negotiation certificate stating that wage
rates and other factual unit costs supporting the compensation pursuant to the
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Agreement are accurate, complete, and current at the time of contracting. The
original contract price and any additions thereto shall be adjusted to exclude any
significant sums by which the agency determines the contract price was
increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following
the end of the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
9.28 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which
shall be regarded as an original, all of which taken together shall constitute one
and the same instrument and any of the parties hereto may execute this
Agreement by signing any such counterpart.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative on the day and year first above written.
(SEAL) BOARD OF COUNTY
COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
Deputy Clerk
• Da,�e:
(Seal) ;
Attest:
Title: �ru'e �� CCOCS A /ta+r
By:
Mayor/Chairman
CONSULTANT
By.
Title: �,�� C-E� ��2, l'fI>t�
END OF AGREEMENT
a
m
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ATTACHMENT A
This agreement is for the development and implementation of the non -ad valorem
special assessment program for collection of wastewater connection fees from property
owners in the Cudjoe Regional Wastewater Service Area, which includes parcels in
Upper and Lower Sugarloaf Keys, Cudjoe Key, Summerland Key, Ramrod Key, Torch
Keys, Big Pine Key, and No Name Key in Monroe County. The development of the non -
ad valorem tax roll for the Cudjoe Regional Service Area is described in Tasks 1 — 5.
Ongoing services for annual maintenance of Monroe County wastewater assessment
rolls are described in Task 6.
Task 1 - Evaluate existing data sources and identify methodologies for developing
the preliminary assessment roll.
The Consultant will obtain and review existing data sources such as project area maps,
the Monroe County GIS database and Tier data, Monroe County Property Appraisers
data, ad valorem tax rolls, existing FKAA customer lists, and FKAA equivalent dwelling
unit (EDU) assignments for existing customers and future development. It is estimated
that there are 6,650 EDUS in the Cudjoe Regional Service Area. The Respondent will
develop alternative methodologies for development of the preliminary assessment roll
and recommend the preferred methodology. Alternative methodologies for development
of the preliminary assessment role should include, but not be limited to, the following
approaches:
• Merge ad valorem tax roll with FKAA customers.
• Merge existing FKAA customers with Tier III properties.
Under the proposed Monroe County Tier System, properties are designated Tier I, II, or
III based on their importance to habitat conservation. Tier III parcels are considered least
critical to habitat preservation.
The methodology should include identification of undeveloped properties likely to require
future wastewater service. An opt -in program and a different capacity reservation fee
have been contemplated.
Task 2 — Develop Preliminary Assessment Roll upon approval of methodology by
County.
The Consultant will develop the preliminary assessment roll and print, stuff, and mail first
class notices to property owners. An electronic summary spreadsheet that includes
property owner name, address, EDU allocation, and property Tier designation will be
provided to Monroe County and FKAA. The spreadsheet will be used by FKAA during
the EDU allocation appeal process.
Task 3 — Certification of Final Assessment Roll
Consultant will make necessary revisions to the preliminary assessment roll prior to
providing the certified final assessment roll to the county's tax collector. The
Respondent will contact the tax collector at 305-295-5010 to identify the required layout
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of the final assessment roll and number of copies to be provided on CD and in hard
copy. Necessary revisions may include:
• Addition of vacant parcels or deletion of vacant parcels depending on selected
methodology for collection of connection fees for vacant parcels.
• Adjustments to EDU allocations following appeal to the FKAA Board of
Directors.
Task 4 — Provide direction to Monroe County for compliance with statutory
requirements associated with collection of special assessment by the uniform
method.
Consultant will review County Code and implementing resolutions associated with the
assessment program and provide assistance with the legal requirements for public
hearings and the development of appropriate published notices, as needed.
Task 5 — Conduct Progress Meetings
Consultant will schedule, plan and conduct meetings, as needed. Up to three meetings
which may include a kick-off meeting, progress meeting with County and FKAA staff,
and one presentation to the Board of County Commissioners are included in this basic
scope of services.
Task 6 — Provide proposal for annual maintenance and certification of the non -ad
valorem special assessment rolls for Cudjoe Regional Service Area, Stock Island,
Big Coppitt and Duck Key Service Areas.
Consultant will provide ongoing administrative services for update and maintenance of
the databases necessary to create and certify the final assessment roll on an annual
basis in compliance with statutory timeframes. County contemplates transfer of the
responsibility for annual maintenance to County staff at some future date.
Task 6 also includes the development of an online database for County staff to create
pay off memos and enter payoffs that are received. The Consultant will manage the
database annually by providing the County with a list of payoffs received. It is anticipated
that this online database will streamline the annual maintenance of the roll, which will
result in a reduced cost for annual maintenance services.
Annual services for Task 6 are for an initial five year period and include an option to
extend for an additional five-year period.
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ATTACHMENT B
The fixed fee price for tasks 1-5 is $55,080. Payment for production and mailing of
statutorily required first class notices will be billed on an individual basis not to exceed
$1.28. County agrees to pay a set-up fee of $400.00 for mailing to less than 2,000
parcels. Fees associated with newspaper publications and obtaining data from the
property appraiser will be paid by Monroe County.
Payment Schedule Tasks 1-5
April 2009 25% of fixed fee ($13,770.00)
June 2009 25% of fixed fee ($13,770.00)
August 2009 25% of fixed fee ($13,770.00)
October 2009 25% of fixed fee ($13,770.00)
The fixed price for task 6 first year services is $23,500. This includes the certification of
the 2009 assessment rolls for the Stock Island, Big Coppitt, & Duck Key Assessment
Programs and annual maintenance of the payment database. The fixed fee price for
year 2 — 5 services is $40,000. This includes the certification of the annual assessment
rolls for the Stock Island, Big Coppitt, Duck Key and Cudjoe Regional Assessment
Programs and annual maintenance of the payment database.
Payment Schedule Task 6 (Year 1)
April 2009
25% of fixed fee ($5,875.00)
June 2009
25% of fixed fee ($5,875.00)
August 2009
25% of fixed fee ($5,875.00)
October 2009
25% of fixed fee ($5,875.00)
Payment Schedule Task 6 (Year 2-5)
January 2010-2013 25% of fixed fee ($10,000.00)
April 2010-2013 25% of fixed fee ($10,000.00)
July 2010-2013 25% of fixed fee ($10,000.00)
September 2010-2013 25% of fixed fee ($10,000.00)
The fee for professional services for Tasks 1-6 (Year 1) includes a total of 3 on -site visits
by GSG. Meetings in excess will be billed at an hourly rate of $180.
Reimbursable Expenses
All expenses related to on -site meetings will be billed in accordance with Florida Statute
112.061 and Monroe County Ordinance 004-2004. Travel expenses must be submitted
on a State of Florida Voucher for Reimbursement of Travel Expenses. Receipts
showing a zero balance are required for airfare, hotel and car arrangements. Boarding
passes must be submitted for air travel. The Monroe County per diem for breakfast,
lunch, and dinner are $6.00, $11.00, and $19.00, respectively. Monroe County does not
reimburse for parking at or travel to the destination airport.
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