Item K1 K.1
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
May 22, 2019
Agenda Item Number: K.1
Agenda Item Summary #5456
BULK ITEM: Yes DEPARTMENT: Waste Water
TIME APPROXIMATE: STAFF CONTACT: Tina Losacco (305) 289-6051
n/a
AGENDA ITEM WORDING: Approval to execute a 5 year contract with Government Services
Group, Inc. (GSG) to provide professional services which include but are not limited to
development, implementation, and administration of the non-ad valorem special assessments for the
County's wastewater program.
ITEM BACKGROUND:
Since the inception of the County's wastewater program, Government Services Group has provided
advice regarding development and implementation of special assessment programs for wastewater
projects, and administration of the programs once implemented. Most recently, GSG provided
advice, and now provides annual administration for the collection of the non-ad valorem
assessments, with respect to the Stock Island 2 wastewater assessment program, which was approved
by the BOCC in August 2017.
Ordinance 561A-2003, approved by the BOCC in The County's earliest special assessment
programs for wastewater began in December 2003, authorized the County to collect non-ad valorem
assessments for wastewater. Most wastewater special assessment programs since that time have had
a 20-year time period. The first special assessment program put in place was in 2004, for Stock
Island, and the most recent program was Stock Island 2, which began to be collected in November
2017.
GSG can be selected as a vendor without the need for public procurement under the sole source
provisions within Chapter 7 of the County's Purchasing Policy, for the reasons stated in the memo
from Assistant County Administrator attached to this agenda item. Additionally, GSG falls within
the professional services exemption in Chapter 4 of the County's Purchasing Policy.
All of the funds to pay for these services come exclusively from the special assessments collected.
The contract, if approved, runs for a term of five (5)years at $47,000 per year, with the possibility of
renewal for an additional five(5) years at a price to be negotiated.
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K.1
PREVIOUS RELEVANT BOCC ACTION:
The BOCC has approved contracts with GSG for: Development and administration of non-ad
valorem assessment program; April 15 2009, revising fee and adding additional annual services for
the delayed Cudjoe Regional Service area; January 19, 2011 revising fee schedule and adding
additional services for supplemental tax rolls; April 18, 2012,processing appeals; August 15, 2012,
extending annual services to certify and deliver the tax roll for an additional 5 years; May 15, 2013,
additional services to assist the County Clerk's Office for CAFR; April 15, 2015, additional annual
services for Long Key, No Name Key and expanded parcels; July 15, 2015 develop, implement and
administer the non-ad valorem assessment program for Stock Island 11 project(postponed);
December 9, 2015 re-instate Stock Island II annual assessment.
CONTRACT/AGREEMENT CHANGES:
new five year contract
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
FY 2019-2023 GSG contract- 03-2019 w atty stamp
GSG memo -signed
FINANCIAL IMPACT:
Effective Date: October 1, 2019
Expiration Date: September 30, 2024
Total Dollar Value of Contract: $235,000
Total Cost to County: 235,000
Current Year Portion: 0.00
Budgeted: yes
Source of Funds: special assessments
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Cynthia Hall Completed 04/11/2019 9:34 AM
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K.1
Kevin Wilson Completed 04/11/2019 12:17 PM
Budget and Finance Completed 04/29/2019 1:50 PM
Maria Slavik Completed 04/30/2019 4:47 PM
Kathy Peters Completed 04/30/2019 5:16 PM
Board of County Commissioners Pending 05/22/2019 9:00 AM
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K.1.b
�� BOARD OF COUNTY COMMISSIONERS
County of Monroe ?'t ,� Mayor Sylvia J.Murphy,District 5
The Florida Keys Mayor Pro TernDanny L.Kolhage,District 1
Michelle Coldiron,District 2
°� Heather Carruthers,District 3
David Rice,District 4
Memorandum
DATE: 1 April 2019
TO: BOCC CC: Administrator
FROM: Kevin G. Wilson, P. A "
SUBJECT: Sole Source Justification for Renewal of Contract with
Government Services Group (GSG)
0
Action Requested: Approval of a renewal of the GSG contract for managing non ad valorem
special assessments for wastewater system development fees.
e
Basis of Recommendation:
1. GSG has prepared and managed the non ad valorem assessments for all wastewater SDFs
since the County started these in the early 2000s.
2. GSG has developed some proprietary tracking systems used by the Wastewater staff that
would be difficult and costly to replicate with another firm.
3. GSG also manages the County's solid waste non ad valorem assessments and has done so for E
many years
Background: E
GSG staff has been an extension of County staff managing these special assessments for many
years. They have expertise that augments wastewater staff and County Attorney staff with
specialized expertise in the field of non ad valorem assessments. They (GSG) has developed
some proprietary tracking systems used routinely by the wastewater staff to support collection of
system development fees as part of the issuance of new building permits. These would have to
be replicated by other firms at a significant effort on the part of County staff and with significant
risk of errors. The individual tasks supported under this contract are small but the potential
impact of errors is great and the cost of doing a solicitation plus the effort to bring a potential
new vendor is far greater than the cost of the GSG contract.
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CONSULTING SERVICES
for
Development and Administration of Non Ad-valorem Assessment Program
This Agreement ("Agreement") made and entered into this day of
. 20_____ by and between Monroe County, a political subdivision of the
State of Florida, whose address is 1100 Simonton StrBet, Key West, Florida, 33040' its
auoCeSSUnS and @G8ignS, hereinafter referred to as "COUNTY," through the Monroe
County Board Vf County Commissioners (^BDCC").
AND
Government Services Group' Inc., a corporation of the State of Florida, whose
address is 1500 K4ohon Drive, Ste 250, Te||Qh8S8e8' FL 92308 its successors and
assigns, hereinafter referred toae "CON8ULTANT".
VV|TNE88ETH:
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 Annual Assessment Services, which services
Sh3U collectively be referred to @s the "the Project";
NOW, THEREFORE' in consideration of the mutual pnnnnineG' 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 ofl4
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.
Page 2 of 14
2.3 NOTICE REQUIREMENT
All written correspondence tothe COUNTY shall be dated and signed bv8Oauthorized
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:
F<omonGaoteoi
Monroe County Administrator
11OU Simonton Street, Room 2-2O5
Key West, Florida 33U4U
And: TinaLo8a000
Senior Engineering Technician, Wastewater
1100 Simonton Street, Room 2-210
Key West, F|orido33O4O
For the Consultant:
DevidJahoSkv
Government Services Group, Inc.
15OO Mahan Drive, Suite 25O
Tallahassee, FL 32308
ARTICLE III
ADDITIONAL SERVICES 3.1 If Additional Services not otherwise included in this Agreement, are required,
such oe those listed above, the COUNTY shall issue 8 letter requesting and
describing the requested services t0 the CONSULTANT. A notice toproceed
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 ie hereby waived.
An amendment to the contract will be required if the proposal requires Board nf
County Commissioners approval.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall designate o representative to act onthe COUNTY's behalf
with respect to the Project. The COUNTY or its representative Sh8|| render
decisions in o Unne|y manner pertaining to documents submitted by the
Page 3of]4
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 ornon-
oonfor08nCevviththeAoreement Documents. Written notice shall be deemed to
have been duly served if sent pursuant to paragraph 2.3.
4.3 The COUNTY eh8|| furnish the required information and services and aho||
render approvals and decisions on expeditiously as necessary for the orderly
progress 0f the CONSULTANT'S services and work of the contractors.
4.4 The CC)UNTY's review of any documents prepared by the CONSULTANT or its
subnonsu|t8ntS Sh8|/ be S0|e|y for the purpose of determining whether such
documents one generally consistent with the CC}UNTY's criteria, as, and if.
modified. No review of such dOCuno8ntS shall relieve the CONSULTANT of
responsibility for the eoounacy, 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 beof assistance to the CONSULTANT that the
COUNTY has immediate access to will be provided 8nrequested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The CONSULTANT covenants and 8gr88S to indemnify, hold harnn|Sna 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 ettorney'ofeeo. court costs and expeneeo, which arise
out Of, in connection vvith, or by reason of services provided by CONSULTANT or its
Subcontractor(s) in any tier, OCC8SiOned by the negligence, errors, or other wrongful act
or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers,
emp|0yeeS. 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 ooaart8d against COUNTY
by virtue of any deficiency or ambiguity in the plans and epeCiMC8UOnS provided by the
CONSULTANT, the CONSULTANT agrees and warrants that CONSULTANT hold the
County harmless and eho|| indemnify it from all losses occurring thereby and shall
further defend any claim or action nO the COUNTY's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is
consideration for the indemnification provided for above.
Page 4ofl4
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
Xavier Rodriguez Management/Data
Jonny Cromwell Analysis/Programming
David Jahosky Project Oversight
Margaret Hart
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 A.
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.
(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;
Page 5 of 14
(B) As8 condition precedent for any payment due under this Agreement, the
CONSULTANT shall submit, unless otherwise agreed in writing by the
COUNTY, o proper invoice to COUNTY requesting payment for services
properly rendered and reimbursable expenses due hereunder. The
CONSULTANT'S invoice Sho|| describe with reasonable particularity the
service rendered. The CONSULTANT'S invoice shall ba 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 ba entitled to receive, and the COUNTY isnot
obligated to pay, any fees or expenses in excess of the amount budgeted for this
contract in each fiscal year (October 1 - 8aptembar3O) byCC)UNTY'n Board of
County Commissioners. The budgeted amount may only be modified byon
affirmative act of the COUNTY's Board of County Commissioners.
7.4.2 The CC)UNTY'a 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 noembane at the time ofcontract initiation and its
duration.
ARTICLE Vill
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 8o include the work of others) in delayed or suspended as o result
of the CONSULTANT'S failure to purchase or maintain the required insurance,
the CONSULTANT eho|| indemnify the COUNTY from any and all increased
expenses resulting from such delay.
8.3 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 (OO} days notice tothe COUNTY
prior to any cancellation of said coverage. Said coverage shall be written by an
insurer acceptable to the COUNTY and shall be in e 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.
B. Employers Liability Insurance with limits of $100'000 per Accident' G500,000
Disease, policy limits, $100'000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
o|oinne for injuries to members of the public and/or dennogee to property Of
Page 6ofl4
others arising from use Of nnOtOr vehicles, including oneito and offsite
operations, and OvvD8d' hired or non-owned vehicles, with One Hundred
Thousand ($1UO,OU0) per occurrence and combined single limit.
O. Cnnnnnernio| general liability, including P8rS0n8| Injury Liability, covering
n|oinns for injuries to members of the public or damage to property of others
arising out 0f any covered act Or omission of the CONSULTANT 0r any ofits
employees, agents or subcontractors orsubooneu|t8nts' including Premises
and/or Operations, Products and Completed Operations, Independent
Contractors; Broad Form Pn}p8dv 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 8 C|8innS Made po|iCy, its provisions should include COven]Qe for
o|ainom filed on or after the effective date of this contract. In addition' the
period for which o|ainne may be reported must extend for a nnininnunn Of 48
months following the termination or expiration of this contract.
E. Professional liability insurance of Two Hundred and Fifty Thousand
($25U,00U.00) per occurrence and Five Hundred Thousand Dollars
($500.000.00) 8nDu8| aggregate. If the policy is a '`C|aiDlS Ol8de" policy,
CONSULTANT shall maintain coverage or purchase a ''tai|" to cover claims
made after completion of the project to cover the statutory time limits in
Chapter 95ofthe Florida Statutes.
F. COUNTY shall be named oaon additional insured with respect to
CONSULTANT'S liabilities hereunder in insurance coverages identified in
Paragraphs Cond D.
G. CONSULTANT Sh8|| require its suboonau|tanteto be adequately insured at
least to the limits prescribed above, and to any increased limits of
CONSULTANT ifeo 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
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.
|. If the CONSULTANT participates in 8 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.
ARTICLE IX
MISCELLANEOUS
9.1 SECTION HEADINGS
Page 7ofl4
Section headings have been inserted in this Agreement as 8 matter of
convenience of reference only, and it is agreed that such SeCd0n headings are
not @ 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 eanteno8, 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 Sh8|| 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 [|C}UyJTY oho|| 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 /00\ days written notice ofits intention to do so.
8.0 CONTRACT DOCUMENTS
This contract consists of the Request for Ppnpoeo|e, any addenda, the Form of
Agreement (Adio|oa |-|>(). the CONSULTANT'S response to the RFP, the
documents referred to in the Form of Agreement ae a part Of this Agreement, and
Attachment Aand modifications made after execution by written amendment. 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
Page 8 ofl4
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 o public entity, may not submit 8 bid on 8 contract with o
public entity for the construction or repair of@ public building or public work, may
not submit bids on |eaeae of real property to public entity, may not be awarded Or
perform work as e contractor, supplier, subcontractor, Or CODsu|t8Ot under o
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 of30 months from the date of
being placed on the convicted vendor list.
By signing this Aong8nnent. 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 hereAo, and may result in debarment from
C[)UNTY'S competitive procurement activities.
In addition to the foragning. CONSULTANT further represents that there has
been no determination, based on on audit, that it or any SubCOnSu|tant has
committed an act defined by Section 287.133. Florida Gtatutes, aga "public entity
' nrinne" and that it has not been formally charged with committing an act defined
as a "public entity crime" regardless 0fthe amount Of money involved mrwhether
CC)NUGULTANT has been placed on the convicted vendor list.
CONSULTANT will promptly notify the COUNTY if it or any subcontractor or
aubconSu|t8OtiS formally charged with an act defined as a "pub|ic entity crime" or
has been placed on the convicted vendor list.
9.8 MAINTENANCE 0FRECORDS
CONSULTANT shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in 8CCDnd3nCe with generally
accepted accounting principles consistently applied. Records eho|| be retained
for o period of five years from the termination of this agreement. Each party to
this Agreement or its authorized representatives oh8|\ have reasonable and
timely 8oCe8S to such records of each other party tothis Agreement for public
nonnrdn 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 Agre8nnent. or were wrongfully
retained by the CONSULTANT, the CONSULTANT aho|| repay the monies
together with interest calculated pursuant to Gao. 55.03' of the Florida Statutes,
running from the date the monies were paid by the COUNTY.
9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the |8vvs
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
Page 9 nfl4
is instituted for the enforcement or interpretation of this Agreement, COUNTY
and CONSULTANT agree that venue shall lie in the 16t" 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.
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
Page 10 of 14
Agreement; provided that all applications, requ9StS, grant proposals, and funding
solicitations shall bo approved hv each party prior tosubmission.
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 nopnaaeni8Uv8S
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 eho|| be discussed at
public meeting of the Board of County Commissioners. |f the issue or issues are
still not resolved to the satisfaction of the podiea, than 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 orcancellation.
9.16 COOPERATION
In the event any administrative or legal proceeding is instituted against either
party relating to the formation, ex8Cutinn, perfornnonce, or breach of this
Aoneement. COUNTY and CONSULTANT agree to podioipate, to the extent
required by the other pohx, in all proceedings, hearings, processes, nneatinge,
and other activities ra|obad to the substance of this Agreement or provision of the
98rvioaa 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 8 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 ondin8nCen, an
applicable, relating to nondiscrimination. These include but are not limited to: 1\
Title V| of the Civil Rights Act of 1964 /PL 88-352> which prohibits discrimination
on the basis of race, color or national origin; 2\ Title |>( of the Education
Amendment of 1972. as emended (20 USC oe. 1081-1083' and 1685-1080)'
which prohibits discrimination on the basis of sex; 3> Section 504 of the
Rehabilitation Act of 1973' as amended /20 UG{} o. 794>, which prohibits
discrimination on the basis of handicaps; 4\ The Age Discrimination Act of 1975,
as amended /42 USC os. 6101-0107\ which prohibits discrimination on the basis
of age; 5) The Drug Abuse [)Mice and Treatment Act of 1972 (PL 92-255)' as
amended, relating to nondiscrimination on the basis of drug abuse; 8\ The
Comprehensive Alcohol Abuse and Alcoholism Prevention' Treatment and
Rehabilitation Act of 1970 (PL 91-010), as amended, relating to
nondiscrimination On the basis of alcohol abuse or alcoholism; 7\ The Public
'
Health Service Act of 1912' ee. 523 and 527 /42 U8C as. 690dd-3 and 290aa-3\,
as onnended, relating to confidentiality of alcohol and drug abuse patient records;
8\ Title V||| of the Civil Rights Act of 1968 /42 USC s. 8t aeq.\, as amended,
relating to nondiscrimination in the eo|a, rental or financing of housing; S\ The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note)' as may be
8nn8ndSd from time to time, n8|8tiOg to nondiscrimination On the basis of
disability; 10\ yWOnr08 County Code Chapter 19, Article V|, which prohibits
discrimination on the basis Of race, color, sex, religion, national origin, onoastry,
sexual ohant8ti0n, gender identity orexpression, f30i|im| 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 Sh3|| not acquire any interast, which would conflict in any manner ordegree
with its padbrnn8noe under this Agreement, and that only interest of each is to
perform and receive benefits 8s recited in this Agreement.
9.18 CODE OFETHICS
COUNTY agrees that officers and employees ofthe 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, reg8nding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; rnieuea of public p0S)Uon, conflicting employment or
contractual relationship; and disclosure or use ofcertain 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 o bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any p8nson, company, oorpnnytion, individuo|, or firm, other than 8
bona fide employee working o0|e|y for it, any fee, commission, perCentage, gift,
or other consideration contingent upon or resulting from the award or making of
this Aor8onoenL 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.
8.21 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
pOSSeS8i0n Or under its control subject t0the provisions of Chapter 119. Florida
Statutes, and made or received by the CONSULTANT and COUNTY in
connection with this Agreement; and the COUNTY nho|| have the right to
unilaterally cancel this Agreement upon violation Of this provision by
CONSULTANT.
9.22 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28' Florida Gtotutee, the participation
of the CONSULTANT and the COUNTY in this Agreement and the acquisition of
Page 12 ofl4
any oonnnxerCia| |i]bi|hv insurance coverage, self-insurance coverage, or local
government Uobi|hv insurance pU0| coverage Sh8U not be deemed o waiver of
immunity tothe extent of liability oovenage, 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 \8vvs'
ordinancas, 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 Aor88nn8nt within the territorial |inni[e of the
COUNTY eh8|| apply to the same degree and extent to the performance of such
functions and duties of such Offioern, 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 |8vv except to the
extent of actual and timely performance thereof by any participating entity, in
which case the performance may beoffered 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, counse|, or otherwise indicate that any particular individual or group of
individua|S, 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.
9.28 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONSULTANT agrees to execute such documents as COUNTY may reasonably
require, including 8 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 o truth in negotiation certificate stating that wage
rates and other factual unit costs supporting the compensation pursuant tothe
Agreement are ancunate, oomp|eta, and current at the time of contracting. The
original contract price and any additions thereto shall be adjusted tn exclude any
significant sums by which the agency determines the contract price was
increased due to inaccurate, incomplete, or concurrent wage rates and other
Page l3of]4
factual unit costs. All such adjustments must be made within one year following
the end 0f the Agreement.
9.27 NO PERSONAL LIABILITY
N0 covenant Or agreement contained herein shall be deemed t0be3 covenant or
agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no nlambar. 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 nf this Agreement.
8.28 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 eonoe 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 OFCOUNTY
COMMISSIONERS
Attest: KEV|N MADOK, Clerk OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk Mayor/Chairman
Date:
(8aa|) CONSULTANT
*oesc�
�
By: By
Secretary ecretar Title
END OF AGREEMENT
APPROVED AS TO FORM:
K8C}NROE COUNTY ATTC}RNEY8 OFFICE
Digitally signed by Cynthia L.Hall
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ATTACHMENT A
SCOPE OF SERVICES
SCOPE OF SERVICES
Provide services for the annual maintenance and certification of the non-ad
valorem special assessment rolls for Cud|oe Inner Islands, Cud|me Inner Islands
Supplemental, Cud0oe and Long Kew Expansion, Cudloe Outer Islands, Stock
Island, Stook |a|ond 2, Big Coppitt'0Duck Key. and Big Cmppitt/Duck Key
Supplemental 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 otatutorytinnefnarn8S and develop an end-of-year report for
County staff.
The scope also includes the maintenance 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.
Annual eorviooe are for an initial five-year period and include on option to extend for an
additional five-year period. Monroe County agrees to pay $47'000 each year for work
performed during Fiscal Years 2019-2O through 2023-24.
Payment Schedule
Januery2O1S-2O23 2596of fixed fee ($11.750.OU)
April 2018'2023 2596of fixed fee /$11.75U.00\
Ju|y2019-2023 25% of fixed fee ($11,75O.0U)
Geptembar2O1S-2O23 2596of fixed fee /$11.75O.0O\
The fee for professional services does not include any on-site visits by G8G. Any
requested on-site meetings by GSG staff may be arranged at our standard hourly rates
provided below. All axp8ne8S 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 stotus.
The standard hourly rates for GSG are aafollows:
GOVERNMENT SERVICES GROUP, INC.
Chief Executive Officer $250
Vice President/Managing Director $225
Senior Project Manager/Consultant/Project Coordinator $175
Consu|tont/Oatabase Analyst/Technical Services $150
Administrative Support $ 50
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 3 zero balance are required for airfare, hotel and oar arrangements. Boarding
passes must be submitted for air travel. The Monroe County per dienn for breakfast,
lunch, and dinner are $0.00. $11.00. and $19.00, respectively. Monroe County does not
reimburse for parking 8tor travel to the destination airport.
Attachment