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Item C09County off Monroe ELj »moo � i G�, � BOARD OF COUNTY COMMISSIONERS /� ri � �� Mayor George Neugent, District 2 The Florida. Ke Sew', y i Mayor Pro Tem David Rice, District 4 ; -== :'„ j y Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting July 19, 2017 Agenda Item Number: C.9 Agenda Item Summary #3137 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Christine Limbert (305) 292-3470 N/A AGENDA ITEM WORDING: Approval of Amendment to Agreement with Government Services Group, Inc. for professional consulting services for the Duck Key Security District Special Assessment Program for Fiscal Year 2017-2018 ITEM BACKGROUND: Government Services Group, Inc. (GSG) has been providing professional consulting services to Monroe County as it relates to various non -ad valorem special assessment programs, including the Duck Key Security District and County staff would like to amend the agreement to revise Appendix A to outline the scope of service and compensation for FY 17/18 for professional consulting services for the Duck Key Security District Special Assessment Program. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the Agreement with GSG for the Duck Key Security District Special Assessment Program services on 9/21/16. The BOCC approved other professional consulting services agreements with GSG for: The Solid Waste Assessment Program and Support on September 20, 2006; The Fire Services Assessment Program on November 14, 2007; and The Development and Administration of non -ad valorem Wastewater Assessment Program on April 15, 2009. CONTRACT/AGREEMENT CHANGES: Amendment to Agreement for Special Non Ad -valorem Assessment Consulting Services for FY 17- 18 STAFF RECOMMENDATION: Approval DOCUMENTATION: Amendment to GSG Agreement GSG consulting Services Agreement dated 9 21 16 FINANCIAL IMPACT: Effective Date: July 19, 2017 Expiration Date: Upon completion of services Total Dollar Value of Contract: $1,000.00 Total Cost to County: $1,000.00 Current Year Portion: $1,000.00 Budgeted: Yes Source of Funds: 152-04501-530310 CPI: No Indirect Costs: Mailing and publication cost for Notices Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: REVIEWED BY: Christina Brickell Completed 06/26/2017 5:13 PM Bob Shillinger Completed 06/28/2017 3:09 PM Christine Limbert Completed 06/28/2017 5:42 PM Budget and Finance Completed 06/28/2017 5:46 PM Maria Slavik Completed 06/29/2017 7:26 AM Kathy Peters Completed 06/29/2017 12:57 PM Board of County Commissioners Pending 07/19/2017 9:00 AM AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY AND GOVERNMENT SERVICES GROUP, INC. THIS AMENDMENT to the Agreement dated September 21, 2016, between Monroe County Board of County Commissioners ("County") and Government Services Group, Inc. ("Consultant" or "GSG") is made and entered into this 19th day of July 2017; WHEREAS, the parties entered into an Agreement for the Consultant to provide professional services for the Duck Key Security Services Assessment Program; and WHEREAS, the Duck Key Security District (DKSD) has requested for the assessment to be increased by 10% as allowed per the enabling ordinance and it is anticipated that continued increases to the assessment may be requested until the cap of $300 per improved lot and $30 per unimproved lot is reach; and WHEREAS, the Consultant's services continue to be needed for Fiscal Year H`Y) 2017- 2018 and therefore the Appendix A setting forth the scope of services and fee structure for FY 17/18 are being revised as per this Amendment; NOW THEREFORE IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows-, I. Amend and replace Appendix A as referenced in Paragraph 2.1 SCOPE OF BASIC SERVICES and Paragraph 7.1 COMPENSATION for Fiscal year 2017-2018 2, In all other respects, the remaining terms of the Agreement entered into on September 2 1, 2016, and not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused these presents to be executed in the respective names, (SEAL) Attest: KEVIN MADOK, CLERK By: Deputy Clerk (seal) Attest: By: Title: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA M Mayor/Chairman Government Group Services, Inc. B ....... ..... Appendix A DUCK KEY SECURITY SERVICES ASSESSMENT PROGRAM (WORK PERFORMED DURING FISCAL YEAR 2016-17 FOR FISCAL YEAR 2017-18) Scope of Services Task 1: Update the preliminary assessment roll Using the tax roll files and the assessment database, GSG will update the preliminary assessment roll. • Determine the total number of billing units based on the apportionment methodology and determine revenue requirements. • Develop and apply the schedule of rates using the apportionment methodology and revenue requirements for the assessment program. Task 2: Review of legal documents Review of the implementing resolutions and documentation associated with the creation of the indicated assessment programs. Task 3: Assist with Rate Adoption Assist the County with the final rate adoption process for the assessment program including (a) the legal requirements for any public hearings and (b) the development of appropriate published notice and/or printing, stuffing and mailing of any notices or bills. Task 4: 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. FEES AND COSTS FOR WORK PERFORMED DURING FISCAL YEAR 2016-17 FOR FISCAL YEAR 2017-18 The fees for GSG to provide the professional services described in the proposed Scope of Services are $1,000.00 for the Duck Key Security Services Assessment Program. These fees include reimbursement for all out-of-pocket expenses, except as noted below. In addition, GSG will charge $850.00 for the costs of producing and mailing the statutorily required first class notices. Mailing and production costs are $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. The professional services fee does not include any on -site visits to the County. Any requested on -site meetings by GSG staff may be arranged at our standard hourly rates provided below. All expenses related to these requested meetings will be billed in accordance with section 112.061, Florida Statutes. If necessary, in lieu of on -site visits, periodic telephone conference calls may be scheduled to discuss project status. The standard hourly rates for GSG are as follows: GOVERNMENT SERVICES GROUP, INC. Chief Executive Officer..................................................................................$225 Senior Vice President....................................................................................$175 VicePresident.................................................................................................$160 Senior Project Manager/Consultant/Project Coordinator ......................$160 Consultant/Database Analyst/Technical Services...................................$130 Administrative Support.................................................................................$ 50 Government Services Group, Inc. I A-1 The County is responsible for any and all newspaper publications, including, but not limited to, making arrangements for publications and any costs associated therewith. The County is also responsible for any costs incurred to obtain information from the property appraiser or other public officials that is necessary for the assessment program. PAYMENT SCHEDULE The annual fee for professional services will be due and payable, based on the following schedule: Payment Due Percent of Total Amount Due July 2017 100% of notice costs $ 850.00 September 2017 100% of professional services fee $1,000.00 Government Services Group, Inc. I A-2 CONSULTING SERVICES FOR NON AD -VALOREM ASSESSMENTS 19-974WO(Z) I crams I I I I M711 -RIENW-01 am plus @I �_ f I& -E 1122n, M Government Services Group, Inc. a corporation of the State of Florida, whose address is 1500 Mahan Drive, Suite 250, Tallahassee, Florida 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 Duck Key Secuirty Services Assessment Program;, which services shall collectively be referred to as 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 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. 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 valorem assessment roll prepared as a part of this Agreement will be in a format that is acceptable to Monroe County Tax Collector. 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards tf 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. I CONSULTANT'S Scope of Basic Services consist of those described in Appendix A. T CONSULTANT shall commence work on the services provided for in this Agreement prompt upon his receipt of a written notice to proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES TXP__QQN_VLTANT shall without additional compnensationgmmn ny ,tiv correct a errors omi deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 2.3 NOTICE REOUIREMENT I All written correspondence to the COUNTY shall be dated and signed by an authorizelf representative of the CONSULTANT. Any notice required or permitted under this agreement shal' be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested, to the following: Christine Limbert-Barrows, Esq. Assistant County Attorney Monroe County Attorney's Office 1111 1211 Street, Suite 408 Key West, Florida 33040 And: Roman Gastesi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the Consultant: Camille Tharpe 1500 Mahan Drive, Suite 250 Tallahassee, FL 32308 F-11#1 Pik I Lei i 9DR4� 3.1 The services described in 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: Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the CONSULTANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. A a ;L91 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 renda approvals and decisions as expeditiously as necessary for the orderly progress of t CONSULTANT'S services and work of the contractors. I 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. Lf,. 6 Any information that may be of assistance to the CONSULTANT that the COUNTY ha.m immediate access to will be provided as requested. ARTICLE V 5.1 The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, errors, or any other wrongful act or omission of the CONSULTANT, subcontractor(s) and other persons employed or utilized by the CONSULTANT in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the CON SlVK'TAAT--m-fo",he --------- P 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. 5.3 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 COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the documents provided by the 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 claims or action on the COUNTY'S behalf. 4 ARTICLE VI PERSONNEL 9FINEF,J4;W� �9� 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 Camille Tharpe Prolect Oversigh John Walker Proiect Oversigh Sandi Melgarejo Pro2ect Oversigh Xavier Rodriguez Management/Data Analysis/Programming 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. rXIIIIIIIIIIIIIII11­9YAW 9,4Z, fAR91-11 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the COnS']['LTAnT'S W T- performance of this Agreement based on rates and schedule negotiated and agreed upon and shown in Appendix A. 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (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 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. 0 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project: a. Expenses of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing maps or drawings or other materials used in performing the scope of services; c. Postage and handling of reports; 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 up an annual appropriation by the Board of County Commissioners and the approval of t Board uanbers at fte ti7re of coTtract hritiatioy aird its duratios. 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 V1 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. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 DiseasF, policy limits, $100,000 Disease each employee. I 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 offs1te operations, and owned, hired or non - owned vehicles, with $50,000 per person, $100,000 per Occurrence, $25,000 Property Damage or $100,000 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 $500,000 per Person, $1,00,000 per Ocurrence, $100,000 Property Damage or $1,000,000 Combined Single Limit. L3511—M—s—ff e poifuj, Its the effective date of this contract. In addition, the period for which claims may reported must extend for a minimum of 48 months following the termination expiration of this contract. In 411WEMMMU =-@ MKIIIIIXIII - i i - L2MRNM= = jl� 1111"'N "I, F. COUNTY shall be named as an additional insured with respect to CONSULTANT'S W 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. M9191; I h, I VA r 7 M MINT 111 - IMM W Ilion 11694114 7MOVORe RM 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. The documents prepared by the CONSULTANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSULTANT. 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. �MIIIIIIIIIIIII L r2 W Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 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. 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 beinv- placed ■ the convicted • 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. • 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. 0 CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting (D principles consistently applied. Records shall be retained for a period of five years from the E 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 E 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. 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 1611 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. 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. 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. 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. 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. 1K01'.V1 IEN 140 1 CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, •' obtain federal and state funds to further the purpose • this • provided ihat all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 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 HLI duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of ' any public records unless or otherwise provided in this provision or as otherwise provided by law. Rim 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 13 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. 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. 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. 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. plp-11AMA, 0 9 =63 if -A 0 • Z 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 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 14 factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 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 memberr, 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. 4*4m;C4 :1q1J1 I Is) 0 11 Z rile-1 I I I =11; W-11; 1 P 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) Afte t, B�.►_ T• 191amel 0 1; L61:M9111 0 1 6-H 2 Ill I INN X64n2r.4 �)441-544)�N By: Mayor/Chairman Government Group Services, Inc. By:. Title: Chief Executive Officer -(CEO) 142110141iLld".141514LIk 15 I Government Services Group, Inc. wiew. WeServerlovernments.com Mums Via Electronic Transmission Christine M. Limbert-Barrows Asst. County Attorney reet,Sulte �408 I 12th S 1J- Key West, FL330 0 =-- This correspondence is written to present a scope of services and fees for Government Services Group, Inc. (GSG) to provide specialized assistance to Monroe County (County) and its staff in the implementation of increased assessment rates for the Duck Key Security Services Assessment Program for Fiscal Year 2016- 17. 1 have enclosed the proposed scope of services, fees, deliverables and payment schedule to assist the County in this work effort. Please review the attached and upon review and satisfactory determination, please sign where indicated to acknowledge acceptance of the scope of services and to serve as proper notice to proceed, Upon execution, please provide us with a signed copy for our files. If you have any questions, please do not hesitate to contact me. We look forward to working with the County on this project. Sincerely, fcblt)N%3- k �t-- Camille P. Thorpe ftir Vice FFeelfIcLi-it Attachments CORPORATE HEADQUARTERS: 1500 Malian Drive, Suite 250, Tallahassee, Florida 32308 1 T850-681-3717 I F850-224-7206 LONGWOOD OFFICE. 28OWekiva Springs Road, ProtegrityPlaza, Suite 2070, Longwood, Florida 32779 1 T407-629-6900 1 F407-62"963 I Ir 1.1 lr�;l III I i I � 11 "ITIRE I P-re I W79-11"I 91 IF ��'i III I I Ri'E I Task is Create preliminary assessment roll Using the tax roll files and the assessment database, GSG will create a preliminary assessment roll. • Determine geographic areas to be included within the assessment program and the parcels within each project's geographic area. • Apply apportionment methodology to assessment database to test the data validity and legal sufficiency. • Determine the total number of billing units based on the apportionment methodology and determine revenue requirements. • Develop and apply the schedule of rates using the apportionment methodology and revenue requirements for the assessment program. Task 2: Review of legal documents Review of the implementing resolutions and documentation (0 associated with the creation of the indicated assessment programs. 0 Task 3: Assist with Rate Adoption Assist the County with the final rate adoption process for the assessment program including (a) the legal requirements for any public hearings and (b) the E '0 development of appropriate published notice and/or printing, stuffing and mailing of any notices or bills. E Task 4: 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. 171 The fees for GSG to provide the professional services described in the proposed Scope of Services are $1,000 for the Duck Key Security Services Assessment Program. These fees include reimbursement for all out-of-pocket expenses, except as noted below. The professional services fee does not include any on -site visits to the County. Any requested ❑n-site meetings by GSG staff may be arranged at our standard hourly rates provided below. All expenses related to these requested meetings will be billed in accordance with section 112.061, Florida Statutes. If necessary, in lieu of on -site visits, periodic telephone conference calls may be scheduled to discuss project status. The standard hourly rates for GSG are as follows: GOVERNMENT SERVICES GROUP, INC. Chief Executive Officer .............................................................................. $225 Senior Vice President ................................................................................ $175 VicePresident ............................................................................................ $160 Senior Project Manager/Consultant/Project Coordinator ...................... $160 Consu Ita nVData base Analyst/Technical Services .................................. $130 Administrative Support .............................................................................. $ 50 Government Services Group, me, I A-1 The professional services fee does not include the costs of producing and mailing the statutorily required first class notices or the prepayment notices. 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 and if U.S. postage rates increase prior to mailing (currently $0.49), the additional postage per notice will be charged. The County is responsible for any and all newspaper publications, including, but not limited to, making arrangements for publications and any costs associated therewith. The County Is also responsible for any costs incurred to obtain information from the property appraiser or other public officials that is necessary for the assessment program. The annual fee for professional services will be due and payable, based on the following schedule: Payment Due Percent of Total Amount Due September 2016 100% of professional services fee $1,000.00 DUCK KEY ASSESSMENT PROGRAM - ACCEPTED AND AGREED TO FOR FISCAL YEAR 2016-17: BY. MONROE COUNTY DATE Government Services Group, Inc. I A-2 I