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Item N4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4/18/12 Division: . Public Works/Engineering_ Bulk Item: Yes ® No X Department: Wastewater Staff Contact Person/Phone#: Elizabeth Wood/453-8795 AGENDA ITEM WORDING: Approval f0wf'Goulilly�A Aninistfatof to exeeate of`Second Amendment to Contract for Consulting Services with Goverm-nent Services Group, Inc. for the development and implementation of the Non-Ad Valorem Assessment Programs for the Cudjoe Regional Central and Supplemental Big Coppitt and Duck Key Programs based on contract scenario selected by the Board of County Commissioners (BOCC). ITEM BACKGROUND: The State of Florida FY13 General Appropriation Act if approved requires construction contract(s) for unincorporated Monroe County wastewater projects by March 1, 2013. The preliminary cash flow analysis for the associated Cudjoe Regional Central System construction schedule requires the availability of local System Development Fee (SF) Revenue in FY13. Revenue for a 2012 tax roll to collect SI)Fs as special assessments will be available for project construction beginning in FY13. Statutory hearing and notice requirements to deliver a non-ad valorem tax roll to the tax collector for the 2012 tax year requires that the Cudjoe Non-ad Valorem Assessment Program be started now. An amendment for these consulting services is necessary to meet this proposed construction schedule. Reducing the scope to annual services and development of the Supplemental Big Coppitt and Duck Key tax rolls was planned prior to the potential State of Florida FY13 Appropriation. PREVIOUS RELEVANT BOCC ACTION: On December 14, 2011 the BOCC adopted Resolution No. 440b-2011 establishing the BOCC's intent to use the uniforin method of collecting non-ad valorem special assessments on the 2012 tax bill for the provision of wastewater utility services. The BOCC previously adopted the following notice of intent resolutions: 568-2007, 515-2008, 463-2009 and 469-2010. The BOCC entered into the Agreement and First Amendment for Consulting Services for Development and Administration of Non-Ad Valorem Assessment Program in 2009 and 2011 respectively, The non-ad valorem tax rolls were developed both years but were not implemented due to lack of funding. CONTRACT/AGREEMENT CHANGES: Contracts for four scenarios and associated costs are described in the cover memo. Scenarios A, B, and C include: Tasks 1-5 for the development and implementation of the Cudjoe Regional Central Non-ad Valorem Assessment Program; Task 6 for the Stock Island, Big Coppitt, and Duck Key annual roll certification and database management; and Task 7 for development and implementation of the Supplemental Big Coppitt and Duck Key tax roll. Scenario D includes Task 6 and 7 only. STAFF RECOMMENDATIONS: Approval as stated. 'M Engineering Division MEMORANDUM / To: Kevin Wilsonw .M From: Eli - Sr. Administrator, Sewer Projects Date: 4/10/2012 Re: IDRAF'�I"' Direction on GSG SecondAmendment for Development and Administration of Non-Ad Valorem Wastewater Assessment Program for the u Regional Central Service Area Three versions of the GSG Secondn v n prepared for discussion and selection based on the Cudjoe Regional Central Service Areass ss nt Program Scenarios described in the table below. Cudjoe Regional(Lower Sugarloaf North to Big Pine Key)on 2012 Tax A Bill, Supplemental Big Coppitt and Duck Key on 2012 Tax Bill and 2012- $118,585 2013 Annual Services Cudjoe Inner Islands(Upper Sugarloaf North to Summerland Key)on B 2012 Tax Bill,Supplemental Big Coppitt and Duck Key on 2012 Tax BIII $107,502 and 2012-2013 Annual Services Cudjoe, Inner Islands(Upper Sugarloaf North to Surnmerland Key)and C Supplemental Big Coppitt and Duck Key on 2012 Tax Bill, Cudjoe Outer $120,335 Islands(Lower Sugarloaf plus Ramrod, Middle Torch and Big Pine )on 2013 tax bill and 2012-2013 Annual Services Supplemental Big Coppitt and Duck Key on 2012 Tax Bill and 2012-2013 D 50 Annual Services ,7 Each scenario also includes development andimplementation oft the Supplemental Big Coppitt and Duck Keytax roll on the 2012 tax bill and annual delivery of the existing Stock Island® Big Coppitt, and Duck Keytax rolls to the Tax Collector for the 2012and 2013 tax years. Scenario D is limited to the consulting services necessary for implementation of the Supplemental i o f and Ducka ro a and continuance of the 2012-2013 annual services, MONROE COUNTY BOARD OF(,'OIJN'l"Y COMMISSIONERS CONTRAcT SUMMARY Contract with: GSG Contract# Second Aniendin.ent .............. .... .....- .............................................................. Efibctive Date: April 18 2012 Expiration Date: Se tSmben I L),2013 (.7ontract Puqiose/Description: This Contract Sumniary is for the Second Amendment to GSG Agreement and First Amendment for Consulting Services for Development and Administration of Non-Ad Valorem.Assessment Program adopted April 15, 2009 and.January 19, 2011, respectively. Specifically,this is for Scenario A—Assess Cudjoe Regional Central (Lower Sugarloaf North to Big Pine Key) and Suppleniental Big Coppitt and Duck Key on 2012 Tax Bill and 2012 - 2013 Annual Services. Breakout of contract value provided. in AIS cover memo. Contract Manager: Elizabeth Wood 8795 Wastewater/#26 .............................................................................. (Name) (Ext,.) (Department/Stop#) for BOC(7 n)eet i iig on .1361 18, 2012 Agenda Deadline: AL)ril 3, 2012 CONTRAC7,cosrs Total,Dollar Value of Contract: $ $!1.82585 Current Year Portion: $ �-717�,85311-11�,�-�...".,- -'I Budgeted? Yes No 0 Account Codes: 172 55006 530340 Gyrant: $ County 3j-1 ADDITIONAL COSTS Estirriated Ongoing Costs� $40,750/yj For: Annual services (Not included in dollar value above) _--------------— mahue�uance,urfilifies,jwi ,tonal,salar-es,etc, CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes[-] NoEl ........... ....................................................... RiskManagement Yes[ I NoLl ................ .......................................................................................................... O,M.B)Purchasing Yes[ -1 NoEl County Attorney Yes[]NoO Co,rn1n.e1.1tS: OMB Form Revised 2/27/01 MCP#2 SECOND AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non-Ad Valorem Assessment Program This Amendment is made and entered into this 18th day of April, 2012, by and between Monroe County and Government Services Group, Inc. (GSG), in order to amend the Agreement between the parties dated April 15, 2009 and the First Amendment between the parties dated January 19, 2011 for non-ad valorem assessment services. WITNESSETH: WHEREAS, on January 19, 2011 the parties entered into the FIRST AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program herein referred to as GSG First Amendment; and WHEREAS, the GSG First Amendment is included as Attachment A/GSG Second Amendment—GSG First Amendment executed January 19, 2011 and GSG Agreement executed April 15, 2009; and WHEREAS, on April 15, 2009 the parties entered into the AGREEMENT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program herein referred to as GSG Agreement; and WHEREAS, the GSG Agreement was included as Attachment A to the First Amendment; and WHEREAS, the GSG Agreement included Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area for a fixed fee of a fixed fee of$55,080 plus $1.28/ first class notice mailed and Task 6 for the annual maintenance and certification of the non-ad valorem special assessment programs for a fixed fee of$23,500/year prior to implementation of the Cudjoe program and $40,000/year once annual services are required for the Cudjoe program; and WHEREAS, the funding plan for the Cudjoe Regional Central Wastewater System was incomplete in 2009 and partial payments for Tasks 1-5 totaling $35,802 were paid to under the GSG Agreement; and WHEREAS, Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area continued under the GSG First Amendment for a revised total fixed fee of$35,000 which included the remaining $19,278 from the GSG Agreement and the additional fixed fee of 1 of 4 GSG Second Amendment Scenario A $15,722 added by the GSG First Amendment to update the 2009 preliminary tax roll and provide additional services; and WHEREAS, the funding plan fort e Cudjoe Regional Central Wastewater System was incomplete in 2011 and partial payments for Tasks 1-5 totaling $26,250 were paid to under the GSG First Amendment daring FY 2011; and WHEREAS, the Monroe County Board of County Commissioners intends to implement, the Cudjoe Regional Central Non-Ad Valorem Assessment Program fort e 2012 tax year following approval of the State of Florida proposed Fiscal Year 012-1 appropriation for unincorporated Monroe County Wastewater projects; an Whereas, of the $70,802 Initial Contract and First Amendment revised fixed fee o develop and implement the Cudjoe Regional Assessment Program for Tasks 1-5, $62„052 was paid to GG, and WHEREAS, Tasks 1-5 necessary for the development and implementation oft e non-ad valorem special assessment program for the Cudjoe Regional Central Service Area from Lower Sugadoaf north to Big Pine Key requiires updating the 2011 preliminary tax roll of over'7,000 parcels with current property appraiser parcel data including Real Estate Identification Numbers and Parcel Codes; and WHEREAS, the Equivalent Dwelling Unit allocations for commercial properties are based on 2009 water consumption; an WHEREAS, the Non-Ad Valorem Assessment Program requires:adequate lea time to update the preliminary tax roll, hold/'advertise the statutory hearings, and collect prepayments; and WHEREAS, development of non-ad valorem special assessment programs usually begins in the beginning of the calendar year; and WHEREAS, GSGs fee for Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Central Service Area from o er Sugarloaf north to Big Pine Key for the 2012 tax bill is 42,000; and WHEREAS, Task is for the annual maintenance and certification oft e non ad- valorem special assessment rolls; an WHEREAS, the fixed fee for Task 6 annual services for the StockIsland® Big oppitt and Duck KeyService Areas for the 2012 tax bill is$2 „500; and WHEREAS,, the fixed fee for Task 6 annual services including the CudJoe Regional Central Program and the Supplementali i Coppitt and DuckKey Programs for the 2013 tax bill is 0,750; and WHEREAS, annual services for the Cudjoe Regional Service Area are not needed until adoption of the Final Assessment Resolution(s) for Cudjoe Regional and Supplemental Big Goppitt and Duck Key Programs; and 2 of 4 G G Second Amendment Scenario A MONROE COI.N`f"Y BOARD OF COIJNTY COMMISSIONERS CSC N17 RACT SUMMARY Contract with: GSG Contract# Second Aniendment ................ ............. ................................. Effective Date: April 18, 2012 Expiration Date: §,epieinber 16,2013 Contract Purpose/Description: This Conti-act Sununary is for the Second Amendment to GSG Agreement and First Amendment for Consulting Services for Developnient and Administration of Non-Ad Valorem Assessment Program adopted April 15, 2009 and January 19, 2011, respectively. Specifically, this is for Seen ario B Assess Cu4joe Regional Central Inner Islands(I Jpper Sugarloaf'North to Suiru-nerlan.d.) and Supplementall Big Coppitt and Duck'Key on 2012 Tax Bill and 2012 -2013 Annual Services. Breakout of contract value pr()vrided in AIS cover memo. Contract Manager: , Elizabeth Wood 8795 Wante water/#26 (Name) (Fxi.7.. .............................�5 epartnient/Sto][,) #)............................................ for BOCC ineefin� on Aptil 18, 2012 Agenda Deadline: April 3; 2012�... CONTRACT COSTS 'I"otal Dollar Value of Contract: $ $96,502 Current Year Portion: $ $66,002 ..........................................Budgeted? Ye!s[,�] No Account Codes: I"72 55006 530340 Grp it: $ ............... .................... Count", Match: $ ........................................................................... 11,11 2 ADDITIONAL COSTS Estimated Ongoing Costs: $ 42,250/yr For: Annual services ... ............................. LNot includcd in dollar vakie ahove2 (eg.maintenance,utififics,janitorial,salairies,etc.2 CONTRAcr REVIEW (7hanges Date Out Date In Needed Reviewer Division Director, YesD No[] ............ Risk Management ............... Yes[-] No ................................................. 0,M.B./Purchasing .................. Yes F NoD .......... County Attorney 'Yes[:] No[:] .......... Comments: ................ 11 Oil OMB Fom Revised 2/27/01 MCP 112 SECOND AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non-Ad Valorem Assessment Program This Amendment is made and entered into this 18th day of April, 2012, by and between Monroe County and Government Services Group, Inc. (GSG), in order to amend the Agreement between the parties dated April 15, 2009 and the First Amendment between the parties dated January 19, 2011 for non-ad valorem assessment services. WITNESSETH: WHEREAS, on January 19, 2011 the parties entered into the FIRST AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program herein referred to as GSG First Amendment; and WHEREAS, the GSG First Amendment is included as Attachment A/GSG Second Amendment— GSG First Amendment executed ,January 19, 2011 and GSG Agreement executed April 15, 00 ; and WHEREAS, on April 15, 2009 the parties entered into the AGREEMENT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program herein referred to as GSG Agreement; and WHEREAS, the GSG Agreement was included as Attachment A to the First Amendment; and WHEREAS, the GSG Agreement included Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area for a fixed fee of a fixed fee of$55,080 plus $1.28/ first class notice mailed and Task 6 for the annual maintenance and certification of the non-ad valorem special assessment programs for a fixed fee of$23,500/year prior to implementation of the Cudjoe program and $40,000/year once annual services are required for the Cudjoe program; and WHEREAS, the funding plan for the Cudjoe Regional Central Wastewater System was incomplete in 2009 and partial payments for Tasks 1-5 totaling $35,802 were paid to under the GSG Agreement; and WHEREAS, Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area continued under the GSG First Amendment for a revised total fixed fee of$35,000 which included the remaining $19,278 from the GSG Agreement and the additional fixed fee of $15,722 added by the GSG First Amendment to update the 2009 preliminary tax roll and provide additional services; and 1 of 4 GSG Second Amendment Scenario B MONROE COINTY BOARD OF COUNTY COMMISSIONERS CON]I RACT SUMMARY Contract with: GSG Contract# Second Amendment ................................................. ............ ................................................................................... ................. . Effective Date: Apt it 18,2012 ...... .................................. Expiration Date: Contract Puipose/Description: This Contract Summary is for the Second .Arnendinent to GSG Agreenient and First Amendment for Consulting Services for Developtrient and Administration of Non-Ad Valorem Assessment Program adopted April 15, 2009 and Januaray 19, 2011, respectively. Specifically, this is for Scenario C Assess (7tidjoe Inner Islands (Llpper� Sugarloaf North.to Surnmerland Key) and Supplemental Big Coppitt and Duck Key on 2012 Tax Bill, Cudjoe Outer Islands(Lower Sugarloaf'plus Ramrod No to Big Pine Key) on 2013 Tax Bill and 2012 -2013 Annual Services,, Breakout of contract value provided in AIS cover merno. Contract Manager: Elizabeth Wood 8795 Wastewater/#26 ............_.................................... ................................ ......................................................................... (Name) (Ext.) (Department/Stop#) for BOCC meeting on Azil 18, 2012 Aauji,da Deadline- A2H[ 3, 2012 CON TRAC"I'COS'I'S Total Dollar Value of Contract: $ $1120,,�35 (."un-ent Year Portion 70,502 ------ ................................................................... Budgeted? Y'esZ No Account Codes: 17'2 5'5006 530340 Grant: $ County Match: $ .................. ................ ADDITIONAL COSTS Estimated Ongoing Costs: $ 42,250/yr For: Annual services (Not included in dollar value:atwel ( .maiiiicii.a.De! utiliti�es, °aiiitoriat,salaries,etc.�.... .......... CONTRACT RF VIEW Clianges Date Out Date In Needed Revie)ver Division Director Yes j..,..I NoE] Risk Management Yes' I NO........... ....... M ....................................... ........................................... O.M.B.A.)urchasing Yes[,-.l No[ I ....... ...... ...................................................................................__................ CountyAttorney ....................................... Yes[:] No[:] . ................................................................. onmients: .................... ....... GM.13 Form Revised 2/27/01 MCP#2 SECOND AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non-Ad Valorem Assessment Program This Amendment is made and entered into this 18th day of April, 2012, by and between Monroe County and Government Services Group, Inc. (GSG), in order to amend the Agreement between the parties dated April 15, 2009 and the First Amendment between the parties dated January 19, 2011 for non-ad valorem assessment services. WITNESSETH: WHEREAS, on January 19, 2011 the parties entered into the FIRST AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program herein referred to as GSG First Amendment; and WHEREAS, the GSG First Amendment is included as Attachment A/GSG Second Amendment— GSG First Amendment executed January 19, 2011 and GSG Agreement executed April 1 , 2009, and WHEREAS, on April 15, 2009 the parties entered into the AGREEMENT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program herein referred to as GSG Agreement; and WHEREAS, the GSG Agreement was included as Attachment A to the First Amendment; and WHEREAS, the GSG Agreement included Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area for a fixed fee of a fixed fee of$55,080 plus $1.28/ first class notice mailed and Task 6 for the annual maintenance and certification of the non-ad valorem special assessment programs for a fixed fee of$23,500/year prior to implementation of the Cudjoe program and $40,000/year once annual services are required for the Cudjoe program; and WHEREAS, the funding plan for the Cudjoe Regional Central Wastewater System was incomplete in 2009 and partial payments for Tasks 1-5 totaling $35,802 were paid to under the GSG Agreement; and WHEREAS, Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area continued under the GSG First Amendment for a revised total fixed fee of$35,000 which included the remaining $19,278 from the GSG Agreement and the additional fixed fee of $15,722 added by the GSG First Amendment to update the 2009 preliminary tax roll and provide additional services; and 1 of 4 GSG Second Amendment Scenario C GSG Second Amendment Scenario D MONROE COI..JN"FY BOARD OF COUN17Y COMMISSIONERS CONTRACTSUMMARY Contract with: GSG Contract# Second Aniendrnent .............................................. ............................... ..................I...................... .................................... Effective Date: April 18, 2012 Expiration Date: �S_ Tber 16,_2()1.3.,.-... Contract Purpose/Description: This Contract Summary is for the Second Amendment to GSG Agreemerit and First Amendment for Consulting Services for Development and Administration of Non Ad Valorem.Assessment Program adopted April. 15, 2009 and January 19, 2011, respectively. Specifically,this is for Scenario D - Supplemental Big Cop pill and Duck Key on 2012 Tax Bill and 2012 -2013 Annual Services, Breakout of contract value provi(' led in AIS cover memo. Contract Manager: Elizabeth Wood 8795 Wastewater/#26 .............. (Name) (Ext.) (Department/Stop#) for BOCC rneetii�ii on zkpril 18, 2012 Agen(la Deadline: ALird 3, 2012 CONTRACT COSTS Total Dollar Value of Contract: $ $ 50,750 Current Year,Portion: $ .,-.$261- 00 Budgeted? Yes H No 0 Account Codes: Grant: $ Cowity Matcl�i. $ ADDITIONAL,COSTS Estimated Ongoing Costs: $ 42,250/yr For: Annual services ....................... �Not included iti dollar value above .naahiteymice,utilifies, aiiitorial,salaries, etc), CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes F1 No[. ......... ....I Risk Management Yes[-] NoF] ........ ......... O.M.B./Purchasing ........... Yes D NoEj Count Attortley Yeas NoL-.j Comments: ONM Fonn Revised 2/27/01 MCP#2 SECOND AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non-Ad Valorem Assessment Program This Amendment is made and entered into this 18th day of April, 2012, by and between Monroe County and Government Services Group, Inc. (GSG), in order to amend the Agreement between the parties dated April 15, 2009 and the First Amendment between the parties dated January 19, 2011 for non-ad valorem assessment services. WITNESSETH: WHEREAS, on January 19, 2011 the parties entered into the FIRST AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program herein referred to as GSG First Amendment; and WHEREAS, the GSG First Amendment is included as Attachment A/GSG Second Amendment—GSG First Amendment executed January 19, 2011 and GSG Agreement executed April 15, 29;and WHEREAS, on April 15, 2009 the parties entered into the AGREEMENT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program herein referred to as GSG Agreement; and WHEREAS, the GSG Agreement was included as Attachment A to the First Amendment; and WHEREAS, the GSG Agreement included Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area for a fixed fee of a fixed fee of$55,080 plus $1.28/ first class notice mailed and Task 6 for the annual maintenance and certification of the non-ad valorem special assessment programs for a fixed fee of$23,500/year prior to implementation of the Cudjoe program and $40,000/year once annual services are required for the Cudjoe program; and WHEREAS, the funding plan for the Cudjoe Regional Central Wastewater System was incomplete in 2009 and partial payments for Tasks 1-5 totaling $35,802 were paid to under the GSG Agreement; and WHEREAS, Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area continued under the GSG First Amendment for a revised total fixed fee of$35,000 which included the remaining $19,278 from the GSG Agreement and the additional fixed fee of $15,722 added by the GSG First Amendment to update the 2009 supplemental tax roll and provide additional services; and 1 of 3 GSG Second Amendment Scenario D Attachment A/GSG Second Amendment GSG First Amendment Executed January 19, 2011 and GSG Agreement Executed April 15, 200 "Tv- :-- ... '� mo ..p".�� � u r i t p a---...eo ne n—t—uT .._ ..................... .......... document _: .__..._. ....._ ,ca ..........._ . ........ ___� _o._........ , ....__................................................................. mm....... ...._........... ATTACHMENT A Attechmmt A—Amendment 1 to April 15.2009 Agreement with GSG for Non Ad Program AGREEMENT FOR CONSULTING SERVICES for Development and Administration of Non Ad-valorem Assessment Program Is Agreement ('Agreement) made and entered Into this /S'-day of 200 9 by and between Monroe County, a political subdivision of the Stele 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("BOCCI, AND 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", W I TNESSETH: 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 B 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 fellows: 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 CONSULTANTS 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 to submit appeals forms to FKAA if the EDU allocation requires review for accuracy. Adoption of the Final Assessment Resolution is scheduled for July 18, 2012 BOCC meeting in Key West with July 3, 2012 agenda deadline. Advertisement of the July 18, 2012 hearing is scheduled to begin on June 25, 2012. Target date: May 27, 2012 [25% of fixed fee: $10,500] • Milestone 3 - Delivery of prepayment list to Monroe County and mailing of prepayment notices. Target Date: July 23, 2012 [25% of fixed fee: $10,500] • Milestone 4—Certification and delivery of Cudjoe Regional Central final Non-Ad Valorem Assessment Tax Roll to Monroe County Tax Collector in compatible format. Upload certified roll into prepayment database. Target Date: September 10, 2012 [25% of fixed fee: $10,500] Task 6: Annual services to certify Stock Island, Big Coppitt, and Duck Key Non-ad Valorem Special Assessment Tax Rolls and update online database for 2012 tax year and annual services to additionally certify the Cud]oe Regional Inner and Cuter Island, as well as Supplemental Big Coppitt and Duck Key Non-ad Valorem Special Assessment Tex Rolls for 2013 tax year. The fixed fee for annual certification and maintenance of the Stock Island, Big Coppitt, and Duck Key Non-ad Valorem Special Assessment Tax Rolls and online database established in the April 15, 2009 GSG Agreement is $23,500 per year. Monroe County will continue to make payments in FY2012 according the following schedule established in the GSG First Amendment: ATTACHMENT B/GSG Second Amendment Scenario A Payment Schedule Page 2 of 5 January 2012 25% of fixed fee ($5,875) April 2012 25% of fixed fee ($5,875) July 2012 25% of fixed fee ($5,875) September 2012 25% of fixed fee ($5,875) Following adoption of the Final Assessment Resolution and certified delivery of the Cudjoe Regional Central and Supplemental Big Coppitt and Duck Key final Non-Ad Valorem Assessment Tax Rolls in 2012, annual services will also be required for the Cudjoe Regional Central Inner and !cuter Islands and Supplemental Big Coppitt and Duck Key Assessment Programs. The fixed fee for annual certification and maintenance of the Stock Island, Big Coppitt, Duck Key, and Cudjoe Regional Central Inner and Outer Island Non-ad Valorem Special Assessment Tax Rolls and online database is $40,000 per year. The supplemental Big Coppitt and Duck Key tax roll will be delivered annually to the tax collector as a separate tax roll. Although the parcels are located in the Big Coppitt and Duck Key service Areas, the tasks associated with certification of the tax roll including creating the tax roll based on the prior year roll, removing prepayments updated in the online database, allocating EDUs for split or joined parcels, and certification/delivery of the tax roll have to be replicated. The additional fixed fee for the annual certification and maintenance of the Supplemental Big Coppitt and Duck Key Special Assessment Tax Rolls and online database established is $750 per year for a total fixed fee of$40,750 for the Stock Island, Big Coppitt and Duck Key, Supplemental Big Coppitt and Duck Key, and Cudjoe Regional Central Inner and Outer Island Programs. Once GSG certifies delivery of the Cudjoe Regional Central Inner and Outer Islands final Non-ad Valorem Assessment Tax Roll and the Supplemental Big Coppitt and Duck Key Tax Roll to the Tax Collector, Monroe County will make payments for the additional annual services in FY 2013 according to the following schedule: ATTACHMENT B/GSG Second Amendment Scenario A Payment Schedule Page 3 of 5 GSG Second Amendment Payment Schedule Scenario B Tasks 1-5: Development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Central Inner Island Service Area on the 2012 tax bill. Cudjoe Regional Central Inner Island Program The fixed fee to develop and implement the Cudjoe Regional Central Inner Islands Assessment Program with the current parcels and EDU allocations based on PC Code changes and the most recent 3 year water consumption data is $36,000. Certification of the Cudjoe Central Non-ad Valorem Special Assessment tax roll is required by September 15, 2012 for collection of the system development fees (SDFs)to begin on the 2012 tax bill. Monroe County will make partial payments equaling 25% of the $36,000 fixed fee of $9,000 to GSG upon completion of the following milestones: • Milestone 1: Delivery of Cudjoe Regional Inner Islands Draft Non-Ad Valorem Assessment Tax Roll to Monroe County for field verification. Target date: May 7, 2012 [25% of fixed fee: $9,000] • Milestone 2 - Delivery of Cudjoe Regional Central Inner Islands preliminary Non- Ad Valorem Assessment Tax Roll to Monroe County for possible inclusion on Initial Assessment Resolution. Adoption of Initial Assessment Resolution (IAR) is scheduled for June 20, 2012 BOCC meeting in Marathon with June 5, 2012 agenda deadline. Adoption of the IAR triggers mailing of the First Class Notices which advise owners of the Equivalent Dwelling Unit(EDU) allocation and system development fee amount. The First Class Notices direct property owners to submit appeals forms to FKAA if the EDU allocation requires review for ATTACHMENT B/GSG Second Amendment Scenario B Payment Schedule Page 1 of 5 Following adoption of the Final Assessment Resolution and certified delivery of the Cudjoe Regional Central Inner Islands and Supplemental Big Coppitt and Duck Key final Non-Ad Valorem Assessment Tax Rolls in 2012, annual services will also be required for the Cudjoe Regional Central Inner Islands and Supplemental Big Coppitt and Duck Key Assessment Programs. The fixed fee for annual certification and maintenance of the Stock Island, Big Coppitt, Duck Key, and Cudjoe Regional Central Inner Islands Non-ad Valorem Special Assessment Tax Rolls and online database is $29,750 per year. The supplemental Big Coppitt and Duck Key tax roll will be delivered annually to the tax collector as a separate tax roll. Although the parcels are located in the Big Coppitt and Duck Key service Areas, the tasks associated with certification of the tax roll including creating the tax roll based on the prior year roll, removing prepayments updated in the online database, allocating EDUs for split or joined parcels, and certification/delivery of the tax roll have to be replicated. The additional fixed fee for the annual certification and maintenance of the Supplemental Big Coppitt and Duck Key Special Assessment Tax Rolls and online database established is $750 per year for a total fixed fee of$30,500 for the Stock Island, Big Coppitt and Duck Key, Supplemental Big Coppitt and Duck Key, and Cudjoe Regional Central Inner Island Programs. Once GSG certifies delivery of the Cudjoe Regional Central Inner Islands final Non-ad Valorem Assessment Tax Roll and the Supplemental Big Coppitt and Duck Key Tax Roll to the Tax Collector, Monroe County will make payments for the additional annual services in FY 2013 according to the following schedule: January 2013 25% of fixed fee ($7,625) April 2013 25% of fixed fee ($7,625) July 2013 25% of fixed fee ($7,625) September 2013 25% of fixed fee ($7,625) ATTACHMENT B/GSG Second Amendment Scenario B Payment Schedule Page 3 of 5 GSG Second Amendment Payment Schedule Scenario C Tasks 1-5: Development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Central Inner Islands Service Area on the 2012 tax bill and Outer Islands on the 2013 tax bill. Cudjoe Regional Central Inner Islands Program The fixed fee to develop and implement the Cudjoe Regional Central Inner Islands Assessment Program with the current parcels and EDU allocations based on PC Code changes and the most recent 3 year water consumption data is $36,000. Certification of the Cudjoe Central Non-ad Valorem Special Assessment tax roll is required by September 15, 2012 for collection of the system development fees (SDFs)to begin on the 2012 tax bill. Monroe County will make partial payments equaling 25% of the $36,000 fixed fee of $9,000 to GSG upon completion of the following milestones: • Milestone 1: Delivery of Cudjoe Regional Inner Islands Draft Non-Ad Valorem Assessment Tax Roll to Monroe County for field verification. Target date: May 7, 2012 [25% of fixed fee: $9,OOO] • Milestone 2 - Delivery of Cudjoe Regional Central Inner Island preliminary Non- Ad Valorem Assessment Tax Roll to Monroe County for possible inclusion on Initial Assessment Resolution. Adoption of Initial Assessment Resolution (IAR) is scheduled for June 20, 2012 BOCC meeting in Marathon with June 5, 2012 agenda deadline. Adoption of the IAR triggers mailing of the First Class Notices which advise owners of the Equivalent Dwelling Unit (EDU)allocation and system development fee amount. The First Class Notices direct property owners to submit appeals forms to FKAA if the EDU allocation requires review for ATTACHMENT C/GSG Second Amendment Scenario C Payment Schedule Page 1 of 6 accuracy. Adoption of the Final Assessment Resolution is scheduled for July 18, 2012 BOCC meeting in Key West with July 3, 2012 agenda deadline. Advertisement of the July 18, 2012 hearing is scheduled to begin on June 25, 2012. Target date: May 27, 2012 [25% of fixed fee: $9,000] • Milestone 3 - Delivery of prepayment list to Monroe County and mailing of prepayment notices. Target Date:July 23, 2012 [25% of fixed fee: $9,000] • Milestone 4—Certification and delivery of Cudjoe Regional Central Inner Islands final Non-Ad Valorem Assessment Tax Roll to Monroe County Tax Collector in compatible format. Upload certified roll into prepayment database. Target Date: September 10, 2012 [25% of fixed fee: $9,000] Cudjoe Regional Outer Islands Program The fixed fee to develop and implement the Cudjoe Regional Outer Island Assessment Program with the current parcels and EDU allocations based on PC Code changes and the most recent 3 year water consumption data is $18,000. Certification of the Cudjoe Central Non-ad Valorem Special Assessment tax roll is required by September 15, 2013 for collection of the system development fees (SDFs)to begin on the 2013 tax bill. Monroe County will make partial payments equaling 25% of the $18,000 fixed fee of $4,500 to GSG upon completion of the following milestones: ATTACHMENT C/GSG Second Amendment Scenario C Payment Schedule Page 2 of 6 • Milestone 1: Delivery of Cudjoe Regional Central Outer Island Draft Non-Ad Valorem Assessment Tax Roll to Monroe County for field verification. Target date: May 7, 2012 [25% of fixed fee: $4,500] • Milestone 2 - Delivery of Cudjoe Regional Central Outer Island Central preliminary Non-Ad Valorem Assessment Tax Roll to Monroe County for possible inclusion on Initial Assessment Resolution. Adoption of Initial Assessment Resolution (IAR) is scheduled for December 12, 2012 BOCC meeting in Marathon with November 27, 2012 agenda deadline. Adoption of the IAR triggers mailing of the First Class Notices which advise owners of the Equivalent Dwelling Unit (EDU) allocation and system development fee amount. The First Class Notices direct property owners to submit appeals forms to FKAA if the EDU allocation requires review for accuracy. Adoption of the Final Assessment Resolution is scheduled for January 16, 2013 BOCC meeting in Key West with January 1, 2013 agenda deadline. Advertisement of the January 1 , 2012 hearing is scheduled to begin on December 24, 2012. Target date: November 13, 2012 [25% of fixed fee: $4,500] • Milestone 3 - Delivery of prepayment list to Monroe County and mailing of prepayment notices. Target Date: January 21, 2012 [25% of fixed fee: $4,500] • Milestone 4—Certification and delivery of Cudjoe Regional Central Outer Island final Non-Ad Valorem Assessment Tax Roll to Monroe County Tax Collector in compatible format. Upload certified roll into prepayment database. Target Date: February 14, 2013 [25% of fixed fee: $4,500] ATTACHMENT C/GSG Second Amendment Scenario C Payment Schedule Page 3 of 6 The additional fixed fee for the annual certification and maintenance of the Supplemental Big Coppitt and Duck Key Special Assessment Tax Rolls and online database established is $750 per year for a total fixed fee of$30,500 for the Stock Island, Big Coppitt and Duck Key, Supplemental Big Coppitt and Duck Key, and Cudjoe Regional Central Inner Island Programs. Once GSG certifies delivery of the Cudjoe Regional Central Inner Islands final Non-ad Valorem Assessment Tax Roll and the Supplemental Big Coppitt and Duck Key Tax Roll to the Tax Collector, Monroe County will make payments for the additional annual services inFY2O13 according to the following schedule: January2O13 25% of fixed fee ($7.625) Apri| 2O13 25Y6of fixed fee ($7.625) Ju/y2O13 2596of fixed fee ($7.625) Gephommber2O13 25% of fixed fee ($7.625) The option to extend the annual services for an additional five year period is reserved. An amendment should be adopted prior to April 2013 to establish responsibility for annual services and database maintenance in2O14 through 2O18. The fixed fee for annual service and database management following implementation of the Cudjoe Regional Outer Island Program is $42.250. The Stock Island Aooeoonnen1 Program began in 2004 and had 5. 10. and 20 year terms. The Stock Island Program has final years of collection in2OO8. 2O13. and 2O23. The Big [|oppitt and Duck Key Program began in2OO7 and had a2O year term with the final collection year in2O26. The [|udioe Regional Central and Supplemental Big [|oppittand Duck Key Program if started in 2012 with a 20 year term will have a final year collection in2O31. Task 7: Development and implementation of the non-ad valorem special assessment program for the Supplemental Big Coppitt and Duck Key Program on the 2012tax bill. ATTACHMENT C/QSG Second Amendment Scenario C Payment Schedule Page 5ofS GSG Second Amendment Payment Schedule Scenario D Task 6: Annual services to certify Stock Island, Big Coppitt, and Duck Key Non-ad Valorem Special Assessment Tax Rolls for 2012 tax year and annual services to additionally certify the Supplemental Big Coppitt and Duck Key Non-ad Valorem Special Assessment Tax Rolls for 2013 tax year. The fixed fee for annual certification and maintenance of the Stock Island, Big Coppitt, and Duck Key Non-ad Valorem Special Assessment Tax Rolls and online database established in the April 15, 2009 GSG Agreement is $23,500 per year. Monroe County will continue to make payments in FY2012 according the following schedule established in the GSG First Amendment: January 2012 25% of fixed fee ($5,875) April 2012 25% of fixed fee ($5,875) July 2012 25% of fixed fee ($5,875) September 2012 25% of fixed fee ($5,875) The supplemental Big Coppitt and Duck Key tax roll will be delivered annually to the tax collector as a separate tax roll. Although the parcels are located in the Big Coppitt and Duck Key service Areas, the tasks associated with certification of the tax roll including creating the tax roll based on the prior year roll, removing prepayments updated in the online database, allocating EDUs for split or joined parcels, and certification/delivery of the tax roll have to be replicated. The additional fixed fee for the annual certification and maintenance of the Supplemental Big Coppitt and Duck Key Special Assessment Tax Rolls and online database established is $750 per year for a total fixed fee of$2 ,2 0 for the Stock Island, Big Coppitt and Duck Key, Supplemental Big Coppitt and Duck Key, and Cudjoe Regional Central Inner Island Programs. ATTACHMENT B/GSG Second Amendment Scenario D Payment Schedule Page 1 of 3 Once GSG certifies delivery of the CudVe Regional Central Inner Islands final Non-ad Valorem Assessment Tax Roll and the Supplemental Big Coppitt and Duck Key Tax Roll to the Tax Collector, Monroe County will make payments for the additional annual services inFY2O13 according to the following schedule: Januory2O13 25% of fixed fee ($6,062.50) Apri| 2U13 25% of fixed fee /$6.062.50\ Ju|y2U13 25% of fixed fee /$6^062.50\ Septomnber2U13 25% of fixed fee /$m,062.50\ The option to extend the annual services for an additional five year period is reserved. An amendment should be adopted prior to April 2013 to establish responsibility for annual services and database maintenance in2O14 through 2O18. The Stock Island Assessment Program began in 2004 and had 5. 10. and 20 year terms. The Stock Island Program has final years of collection in2OO8. 2U13, and 2U23. The Big Coppitt and Duck Key Program began in2OO7 and had o2O year term with the final collection year in2U2G. The Cudioe Regional Central and Supplemental Big Coppiftand Duck Key Program if started in 2012 with a 20 year term will have a final year collection in2O31. Task 7: Development and implementation o9 the non-ad valorem special assessment program for the Supplemental Big Coppitt and Duck Key Program on the 2012tax bill. Monroe County provided data by parcel id for the Big CoppiU/L]uck Key Service Areas and permits issued between October 1. 2006 through July 26. 2011 for Big Coppitt, Shark Key and Duck Key to GSG. The list of permits likely to require wastewater service, titled Engineering "WASTE" Review Stop Permit Types was also provided. The fixed fee to develop and certify the supplemental Big Coppift and Duck Key Non-ad Valorem Special Assessment Tax Rolls is $3.000. ATTACHMENT B/GS@ Second Amendment Scenario O Payment Schedule Page 2of3 BOARDOF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4/18/12 Division: Public Works/En ing eerin Bulk Item: Yes __-- No X Department: Wastewater Staff Contact Person/Phone#: Elizabeth Wood/453-8795 AGENDA ITEM WORDING: Approval of Second Amendment to Contract for Consulting Services with Government Services Group, Inc. for the development and implementation of the Non-Ad Valorem Assessment Programs for the Cudjoe Regional Central and Supplemental Big Coppitt and Duck Key Programs based on contract scenario selected by the Board of County Commissioners (BOCC). ITEM BACKGROUND: The State of Florida FYI General Appropriation Act if approved requires construction contract(s) for unincorporated Monroe County wastewater projects by March 1, 2013. The preliminary cash flow analysis for the associated Cudjoe Regional Central System construction schedule requires the availability of local System Development Fee (SDF) Revenue in FYI 3. Revenue for a 2012 tax roll to collect SDFs as special assessments will be available for project construction beginning in FY 13. Statutory hearing and notice requirements to deliver a non-ad valorem tax roll to the tax collector for the 2012 tax year requires that the Cudjoe Non-ad Valorem Assessment Program be started now. An amendment for these consulting services is necessary to meet this proposed construction schedule. Reducing the scope to annual services and development of the Supplemental Big Coppitt and Duck Key tax rolls was planned prior to the potential State of Florida FY13 Appropriation. PREVIOUS RELEVANT BOCC ACTION: On December 14, 2011 the BOCC adopted Resolution No. 440b-2011 establishing the BOCC's intent to use the uniform method of collecting non-ad valorem special assessments on the 2012 tax bill for the provision of wastewater utility services. The BOCC previously adopted the following notice of intent resolutions: 568-2007, 515-2008, 463-2009 and 469-2010. The BOCC entered into the Agreement and First Amendment for Consulting Services for Development and Administration of Non-Ad Valorem Assessment Program in 2009 and 2011 respectively. The non-ad valorem tax rolls were developed both years but were not implemented due to lack of funding. CONTRACT/AGREEMENT CHANGES: Contracts for four scenarios and associated costs are described in the cover memo. Scenarios A, B, and C include: Tasks 1-5 for the development and implementation of the Cudjoe Regional Central Non-ad Valorem Assessment Program; Task 6 for the Stock Island, Big Coppitt, and Duck Key annual roll certification and database management; and Task 7 for development and implementation of the Supplemental Big Coppitt and Duck Key tax roll. Scenario D includes Task 6 and 7 only. STAFF RECOMMENDATIONS: Approval as stated. TOTAL COST: up to $77 835 FY12 INDIRECT COST: BUDGETED: Yes X No (up to $49,833 in FYI 3 and up to $42,250 per year in FY 14 through FY 18) DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: see note SOURCE OF FUNDS: initial MSTU note -the administrative consulting fees are paid by parcel owner as part of the annual assessment 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 7/09 Engineering Divisions;,, MEMORANDUM / To: Kevin Wilson w From: Elizabeth Wood - Sr. Administrator, Sewer Projects Date: 4/10/2012 Re: Direction on GSG Second Amendmentv l nt and Administration of - I r Wastewater Assessment Program for the CudjoeRegional Central Service Area Three versions of the GSG Secondn have been prepared for discussion an selection based on the Cudjoe Regional Central Service AreaAssessment ro a Scenarios described in the tableto 1 fo / f / Cudjoe Regional(Lower Sugarloaf North to Big Pine Key)on 2012 Tax A Bill,Supplemental Big Coppitt and Duck Key on 2012 Tax Bill and 2012- $118,585 2013 Annual Services Cudjoe Inner Islands(Upper Sugarloaf North to Summerland Key)on B 2012 Tax Bill,Supplemental Big Coppitt and Duck Key on 2012 Tax Bill $107,502 and 2012-2013 Annual Services Cudjoe Inner Islands(Upper Sugarloaf North to Summerland Key)and C Supplemental Big Coppitt and Duck Key on 2012 Tax Bill,Cudjoe Outer $1 5 Islands(Lower Sugarloaf plus Ramrod, Middle Torch and Big Pine Key)on s 2013 tax bill and 2012-2013 Annual Services Supplemental Big Coppitt and Duck Key on 2012 Tax Bill and 2012-2013 D 50 Annual Services $5 ,7 Each scenario also includes development and implementation of the Supplemental Big Coppitt nDuck Key tax roll on the 2012 tax bill and annual delivery of the existing Stock Island, i o i , and Duckrolls to the Tax Collector for the 2012 nd 2013 tax arse Scenario D is limited the consulting services necessary for implementation of the Supplemental i o itt and Duck Key Program and continuance of the 212_2013 annual services. April 10, 2012 Direction from the BOCC is necessary to develop and deliver the Cudjoe Regional Non-Ad Valorem Tax Roll by the September 15, 2012 deadline. It is anticipated that the Initial Assessment Resolution authorizing the first class notice mailing will be adopted in June and the Final Assessment Resolution hearing will be held in July with prepayment collection through August 24. A detailed description of each scenario and FY1 2-13 projected expenditures are provided for reference. Scenario A—Assess Cudjoe Regional (Lower Sugarloaf North to Big Pine Key) on 2012 Tax Bill, Supplemental Big Coppitt and Duck Key on 2012 Tax Bill and 2012- 2013 Annual Services Scenario A is for the development and implementation of the Non-Ad Valorem Wastewater Special Assessment Program for the Cudjoe Regional Central Service Area. The Cudjoe Regional Central Service Area extends from Lower Sugarloaf north to Big Pine Key and includes approximately 7,126 parcels. The Cudjoe Regional Central Service Area boundaries were updated by BOCC on January 28, 2009 to include the Master Plan hot spots and those colds s for which it was more cost effective at the time to include in the central sewer service area. The fixed fee for Task 1-5 necessary for the development and implementation of the Non-Ad Valorem Tax Roll for the Cudjoe Regional Central Service Area (Lower Sugarloaf North to Big Pine Key) on 2012 tax bill is $42,000. The FY1 2 fixed fee for Task 6 annual services for roll certification and database management for the Stock Island, Big Coppitt, and Duck Key Service Areas is$23,500. This is the same fee contracted in the Agreement approved April 15, 2009 and the it Amendment approved January 19, 2011. The fixed fee for Task 7 necessary for the development and implementation of the Non-Ad Valorem Tax Roll for the Supplemental Big Coppitt and Duck Key Tax Roll is$3,000. The FY13 fixed fee for Task 6 annuals is s once the Non-Ad Valorem Tax Rolls for the Cudjoe Regional Central and the Supplemental Big Coppitt and Duck Key are certified to the tax collector is $40,750. The FY1 2 projected expenditure is$77,835. The FY1 3 projected expenditure is $40,750. FY12 Tasks 1-5 Development and Implementation Assessment Program $42,000 FY12 First Class Notice Mailing($1.31 x 7,126)* $9,335 FY12 Tasks 1-5 and MaIlhon 1. $51,335 FY12 Task 6 Annual Services Stock island, Big Coppitt, and Duck Key $23,500 FY12 Task 7 Development 22d Im lamentation of Sueelemental Big Cogpitt and Duck Key Program $3,000 FY12 Total Tasks 1-7 Anticipated Ex encliture $77,835 FY13 Task 6 Annual Svcs Stock Island, Big Coppitt, Duck Key,Supplemental and Cudjoe Regional $40,750 ,FY12-13 Total Expenditure Tasks 1-7 $118.5851 Mailing requires$1.31/first class notice;estimated$9,335 in addition to fee of$42,000 for Tasks 1-5 Page 2 of 5 April 10, 2012 Scenario B—Assess Cudjoe Inner Islands (Upper Sugarloaf North to Summerland Key) on 2012 Tax Bill, Supplemental Big Coppitt and Duck Key on 2012 Tax Bill and 2012- 2013 Annual Services Scenario is for the development and implementation of the Non-Ad Valorem Wastewater Special Assessment Program for the Cudjoe Regional Central Inner Islands(Upper Sugarloaf north to Summedand Key). The fixed fee for Task 1-5 necessary for the development andimplementation theNon-Ad Valorem oll for the Cudjoe Regional Central Inner Islands (Upper Sugarloaf north to Summerland )on the 2012 tax bill is $36,000. The FY1 2 fixed fee for Task 6 annual services for roll certification and database management for the Stock Island, ! Coppitt, and Duckis r is $23,500. The fixed fee for Task 7 necessaryfor the development and implementation the Non-Ad Valorem Tax Roll for the Supplemental Big Coppitt uck Key Tax Roll is $3,000. The FY1 3 fixed fee for Task 6 annual services once the Non-Ad Valorem Tax Rolls for the sub-service area from r Sugarloaf north to Summerland Key and the Supplemental Big Coppittand Duck Key tax rolls are certified o the tax collector is $30,500. The FY12 projecteda it r is $66,002. The FY13 projected it is $30,500. gg FY12 Tasks 1-5 Development and Implementation of the Cudjoe Inner Islands Assessment Program $36,000 FY12 First Class Notice Mailing($1.31 x 2,673)* $3,502 FY12 Tasks 1-5 and $39,502 FY12 Task 6 Annual Services Stock Island, Big Coppitt, and Duck Key $23,500 FY12 Task 7 Development and Implementation of the Supplemental Big Coppitt and Duck Key Program $3,000 FY12 Total Tasks 1-7 Antici ate d Ex end iture $66,002 110 FY13 Task 6 Annual Svcs Stock Island, Big Coppitt&Supplemental, Duck Key and Cudjoe Inner Islands $30,500 FY12-13 Total Expenditure Tasks 1-7 $96,502 * Mailing requires$1.31ffirst class notice®estimated$3,502 in addition to fee of$36,000 for Tasks 1-5 Scenario C—Assess Cudjoe Inner Islands (Upper Sugarloaf North to Summerland Key) and Supplemental Big Coppitt and Duck Key on 2012 Tax Bill, Cudjoe Outer Islands (Lower Sugarloaf plus Ramrod North to Big Pine Key) on 2013 Tax Bill and 2012-2013 Annual Services Scenario C is for the development and implementation of theNon-Adlore Wastewater Special Assessment Program for the CudjoeRegional Central Service Areain two phases. Under Scenario C, the Cudjoe Inner Islands (Upper Sugarloaf North to Summeriande ) tax roll delivery is scheduled for the 2012tax bill and the CudjoeOuter Islands (Lower Page 3 of 5 April 10, 2012 Sugarloaf plus Ramrod North to Big Pine Key)tax roll delivery is scheduled for the 2013 tax bill. The fixed fee for Task 1-5 necessary for the development and implementation of the Non-Ad Valorem Tax Roll for the Cudjoe Regional Central Inner Islands (Upper Sugarloaf north to Surnmerland Key) is $369000. The FY1 2 fixed fee for Task 6 annual services for roll certification and database management fort Stock Island, Big Coppitt, and Duck Key Service Areas is$23,500. The fixed fee for Task 7 necessary for the development and implementation of the Non-Ad Valorem Tax Roll for the Supplemental Big Coppitt and Duck Key Tax Roll is$3,000. The FY1 3 fixed fee for as 6 annual services one the Non-Ad Valorem Tax Rolls for the Cudjoe Inner Islands the Supplemental Big Coppitt and Duck Key tax rolls are certified tot tax collector is $30,500. The fixed fee for Task 1-5 necessary for the development and implementation of the Non-Ad Valorem Tax Roll fort Cudjoe Regional Central Outer Islands (Lower Sugarloaf plus Ramrod North to Big in Key) is $18,000. The FY14 fixed fee for Task 6 annual services once the Non-Ad Valorem Tax Rolls fort Cudjoe Outer Islands are certified to the tax collector is $42,250. The FY12 projected expenditure is$70,502. The FY13 projected expenditure is $49,833. FY12 Tasks 1.-5 Development and Implementation e Cudjoe Inner Islands Assessment Program $36,000: ..............— FY12 First Class Notice Mailing($1.31 x 2,673)* $3,502 FY12 Milestone I Cud'oe Re lonall tJuter Islands $4,500 FY12 Tasks 1-5 and Mailin s $44,002 —B CL�dioe Inner Island FY12 Task 6 Annual Services Stock Island, Big Coppitt, and Duck Key $23,500 FY12,Task-7Devel,o2ment and.11=Iementation of the Su lemental l31 Co 6tt an, Duck Kev Pro ram FY12 Total Tasks 1-6 Antici ated Ex enditure under GSG Agreement Al,pril 15,2009 $70,502 ggig l:11 M FY13 Task 1-5 Development and implementation of the Cudjoe Outer Islands Assessment Pro ram $13,500 FY13 First Class Notice Mailing $5,833 FY13 Task 6 Annual Svcs Stock Island, Big Coegitt& Supelemental, Duck Key and Cudloe Inner Islands $30,500 FY12-13 Total Expenditure Tasks 1-7 $120,335 FY14 Task 6 Annual Svcs Stock Island, Big Coppitt, Duck Key,Supplemental and Cudjoe Regional $42,250 *Mailing requires$1.31/first class notice;estimated$9,335 in addition to fee of$54,OW for Tasks 1-5 for inner Islands on 2012 tax bill and Outer Islands on 2013 tax bill Scenario D®Assess Supplemental Big Coppitt and Duck Key on 2012 Tax Bill and Annual Services Scenario D is anticipated if Cudjoe Regional Central System construction contracts are not required by March 1, 2013. System Development Fee collection is required for those parcels on Big Coppitt and Duck Key that developed after the adoption of the Final Assessment Resolution in September 2007 and before the adoption oft e Capacity Fee Page 4 of 5 April 10, 2012 Resolution in June 2010. This collection is proposed as a Supplemental Roll tot Big Co tt and Duck Key Programs. Task 7 is for the development and implementation of the Supplemental Big Coppitt and Duck Key Tax Roll in 2012. The FY12 fixed fee for Task 7 Supplemental Big Coppitt and Duck Key Tax Roll in 2012 is $3,000. The FY12 fixed fee for Task 6 annual services for roll certification and database management for the Stock Island, Big Coppitt, and Duck Key Service Areas is$23,500. The FY1 3 fixed fee for Task 6 annual services one the Non-Ad Valorem Tax Rolls for the Supplemental Big Coppitt and Duck Key programs are certified to the tax collector is $24,250. The FY1 2 projected expenditure is $26,500, The IFY1 3 projected expenditure is $24,250. FY12 Task 6 Annual Services Bi I Cop it,_buck_Key_and Stock Island $23,500 FY12 Task 7 Development and implementation of the SuEplementalal Big Coppitt Program $3,000 FY12 Total Tasks 1-6 Ant'd ated Ex enditure under GSG Agreement April 15,2009 $26,500 ,FY13 Task 6AnnuM Svcs Stock island,13,1117 Co itt upplemental,and Duck Key $24,250 FF 7Y1Z-14 Total Expenditure Tasks 6-7 $50,7501 Page 5 of 5 GSG Second Amendment Scenario A MONROE C(')I.NTY BOARI) OF COUNTY COMMISSIONERS CONTRACTSUMMARY Contract with: GSG Contract# Second Amendment ...................................................... ...........I I.......... Effective Date: Apri 118,2012 Expiration Date: �e. e!Eber 116,2013 Contract]"'Urpose/Description: This Contract Summary is for the Second Amendment to GSG Agreement and First Amendment for Consulting Services for Development and Administration of Non-Ad Valorem Assessment Program,adopted April 15, 2009 and Januasy 19, 2011, respectively. Specifically, this is for Scenario A Assess Cudjoe Regional Central (L,ower Sugarloaf North to Big Pine Key) and Supplemental Big Coppitt and Duck Key on 2012 Tax Bill and 2012 - 2013 Annual Services. Breakout of contract value provided in AI S cover memo. Contract Manager: Elizabeth Wood 8795 Wastewaler/06 (Marne) (Ext.) (Depart.inent/Stop#) for BOCC n i eet i ri; on April 18�, 2012 Ajetub Deadline: ACrfl 3, 2012 ........................—.— CONTRACT COSTS Total Dollar Value ot'Contract: $ $118,585 Current Year Portion: $ 77,853 Budgeted? YesE] NoE] Acco"i ji'—itC`od-e-s"-: - 172 55006 530340 - .................. Grant: $ 171-55005-530340- - County Nl7ich: $——------------------ 310-550111-530340-, ............................................... ................... ...................................... I............. I............................... 311-55012-530340-—--—------------------ ADDITIONAL COSTS Estimated Ongoing Costs: $ 401,750/pr For: Atuival ser°vices Not included in diolhu value above), ........... maintenance, CONTRAFT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes[:]No[-"j .................................................................. ............................ RiskManagement Yes Ej NoLi ..................................................................................................................... O.M.B./Purchasing YesD Non..... ........ County Attomey YesID NoL] --- -—--- ------------ Comments: ................................ .............. OMB Form Revised 2/27/01 MCP#2 SECOND AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non-Ad Valorem Assessment Program This Amendment is made and entered into this 18th day of April, 2012, by and between Monroe County and Government Services Group, Inc. (GSG), in order to amend the Agreement between the parties dated April 15, 2009 and the First Amendment between the parties dated January 19, 2011 for non-ad valorem assessment services. WITNESSETH: WHEREAS, on January 19, 2011 the parties entered into the FIRST AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program herein referred to as GSG First Amendment; and WHEREAS, the GSG First Amendment is included as Attachment A/GSG Second Amendment— GSG First Amendment executed January 19, 2011 and GSG Agreement executed April 15, 2009; and WHEREAS, on April 15, 2009 the parties entered into the AGREEMENT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program herein referred to as GSG Agreement; and WHEREAS, the GSG Agreement was included as Attachment A to the First Amendment; and WHEREAS, the GSG Agreement included Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area for a fixed fee of a fixed fee of$55,080 plus $1.28/ first class notice mailed and Task 6 for the annual maintenance and certification of the non-ad valorem special assessment programs for a fixed fee of$23,500/year prior to implementation of the Cudjoe program and $40,000/year once annual services are required for the Cudjoe program; and WHEREAS, the funding plan for the Cudjoe Regional Central Wastewater System was incomplete in 2009 and partial payments for Tasks 1-5 totaling $35,802 were paid to under the GSG Agreement; and WHEREAS, Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area continued under the GSG First Amendment for a revised total fixed fee of$35,000 which included the remaining $19,278 from the GSG Agreement and the additional fixed fee of 1 of 4 GSG Second Amendment Scenario A $15,722 added by the GSG First Amendment to update the 2009 preliminary tax roll and provide additional services; and WHEREAS, the funding plan for the Cudjoe Regional Central Wastewater System was incomplete in 2011 and partial payments for Tasks 1-5 totaling $26,250 were paid to under the GSG First Amendment during FY 2011; and WHEREAS, the Monroe County Board of County Commissioners intends to implement, the Cudjoe Regional Central Non-Ad Valorem Assessment Program for the 2012 tax year following approval of the State of Florida proposed Fiscal Year 2012-13 appropriation for unincorporated Monroe County Wastewater projects; and Whereas, of the $70,802 Initial Contract and First Amendment revised fixed fee to develop and implement the Cudjoe Regional Assessment Program for Tasks 1-5, $62,052 was paid to GSG; and WHEREAS, Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Central Service Area from Lower Sugarloaf north to Big Pine Key requires updating the 2011 preliminary tax roll of over 7,000 parcels with current property appraiser parcel data including Real Estate Identification Numbers and Parcel Codes; and WHEREAS, the Equivalent Dwelling Unit allocations for commercial properties are based on 2009 water consumption; and WHEREAS, the Non-Ad Valorem Assessment Program requires adequate lead time to update the preliminary tax roll, hold/advertise the statutory hearings, and collect prepayments; and WHEREAS, development of non-ad valorem special assessment programs usually begins in the beginning of the calendar year; and WHEREAS, GSGs fee for Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Central Service Area from Lower Sugarloaf north to Big Pine Key for the 2012 tax bill is $42,000; and WHEREAS, Task 6 is for the annual maintenance and certification of the non ad- valorem special assessment rolls; and WHEREAS, the fixed fee for Task 6 annual services for the Stock Island, Big Coppitt and Duck Key Service Areas for the 2012 tax bill is $23,500; and WHEREAS, the fixed fee for Task 6 annual services including the Cudjoe Regional Central Program and the Supplemental Big Coppitt and Duck Key Programs for the 2013 tax bill is $40,750; and WHEREAS, annual services for the Cudjoe Regional Service Area are not needed until adoption of the Final Assessment Resolution(s) for Cudjoe Regional and Supplemental Big Coppitt and Duck Key Programs; and 2 of 4 GSG Second Amendment Scenario A WHEREAS, Task 0 of GSG Agreement includes an option to extend for an additional five year period following the inUUm| five year period for the annual services; and VVHEREAS. Resolution 108-2011 establishes the Capacity Fee for the Big Coppitt and Duck Key service areas; and VVHEREAS, a supplemental non-ad valorem special aoaeoornant tax nn|| is necessary to collect Capacity Fees for those properties that received building permits requiring initial or additional wastewater service between adoption of the Final Assessment Resolution on September 10. 2007 for the Big Coppitt & Duck Key Service Areas and adoption nf the Capacity Fee Resolution on June 15. 2011; and VVHEREAS, the development and implementation of the supplemental non-ad va|onorn assessment roll for the Big Coppitt and Duck Key for the 2012 tax year is referred boae Task 7; and VVHEREAS. GSGefee for Task 7 is $3.000; and VVHEREAS, the fixed fee for Task G includes $750 for the Supplemental Big CoppiM and Duck Key annual services; and IN CONSIDERATION of the mutual promises contained henein, the parties hereby agree aefollows: 1. Monroe County and G8G agree that no further payment for GGGFirst Amendment Tasks 1-5 specified at $35,000 is authorized as of the date of this Second Amendment. 2. Monroe County agrees bo pay $42.000 for Second Amendment Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Central Service Area from Lower Sugarloaf north to Big Pine Key and $1.31/per notice on the 2012 tax bill. 3. Monroe County agrees to continue to pay $23.50O/yearin quarterly installments for Task 6 annual services for the 2012 tax year, as set forth in the Agreement and First Amendment. 4. Following the delivery of the Cudioe Regional Central Service Area and Supplemental Big CoppiMand Duck Key Tax Ro||e. Monroe County agrees to pay an additional $16,500/year for Task 6 Cudjoe Regional Central annual services and $750/vear for Task 0 Supplemental Big Coppitt and Duck Key annual services for the 2013 tax year, which, when added to the amount in paragraph 4 above, is a total of$40.750/year. 5. Monroe County and G8G acknowledge the option to amend this Agreement when it becomes necessary to extend Task 8 annual services for the Stock Island, Big Coppitt. and Duck Key, and Supplemental Big Coppitt and Duck Key Programs for the 2O14 tax year. 3of4 GSG Second Amendment Scenario A 6. Monroe County agrees to pay $3,000 for Task 7 development and implementation of the Supplemental Big Coppitt and Duck Key tax rolls for the 2012 tax bill. 7. Monroe County agrees to pay for Task 1-5, 6, and 7 in accordance with the GSG Second Amendment Payment Schedule provided in GSG Second Amendment/Attachment B. 8. All other provisions of the contract entered April 15, 2009 as amended by the First Amendment between the parties dated January 19, 2011 for non-ad valorem assessment services which are not inconsistent herewith shall remain in full force and effect. 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 By: By: Deputy Clerk Mayor/Chairman Date: (Seal) CONSULTANT Attest: BY: By: Title: Title: END OF AGREEMENT 4 of 4 GSG Second Amendment Scenario A GSG Second Amendment Scenario B MONROE CSC: tTNTY BOARD OF("1OIJNTY COMMISSIONERS CONTRACT SUMMARY Contract with: GSG Contract# Second Amendment .................................... .............................................................................................. ........................................... ----—---- Efiective Date: April 18,2012 ........ ..... ,Expiratio D n ate: ..S�p� er 16,2013 Contract Purpose/Descriptio,tv This Contract Summary is for the Second Amendment to GSG Agreement,and First Amendment for ConSUltifIg Services for Development and Administration of Non.-Ad Valorem Assessment Program adopted April 15,2009 and.lanually 19, 2011, respectively. Specifically,this is for Scenario B Assess Cudjoe Regional Central Inner Islands(Upper-Sugarloaf North to Surnmerland)and Supplemental Big Coppitt and Duck Key on 2012 "Tay Bill and 2012 - 2013 Annual Services. Breakout of contract value provided in AIS cover memo. Contract Managec Elizabetb Wood 8795 Wastewater/#26 (Name) (Ext.) D c p a r ft n nt/S I op# for BOCC ntec-,firi4,on jLirii18,2012 Agulld,!i,Deadline: AL'J 3, 2012 CONTRACT COSTS Total Dollar Value ofContract: $ $96,502 ("wrent Year Porlion: S $66,002 .................................................... Bud geted?'YesM No E] Accoujat'"Co'des:' 172 - 55006 530340 - ... ............... ...... ........................................ Grant: $ 171-55005-530340- County Match: $ 310-55011-530340- ................................. 311-55012-530340- ADDITIONAL COST'S Estimated OngsAng Costs: $42,250/yr For: Annual services I ....................... ........................... 2.!ot inchided in dollar valueabov�j . ................................. maintenance,utifities,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes[]NoEl ............. Risk anagement YesO NoEl -------- ............................... O.M.B./Purchasing YesE-"I N(.)E' _ .._- '.l -..................... ............... Coti,nty Attomey Yes[-.] No[ .omrrients� ......... ........-......................................................... OMB Form Revised 2/27/01 MCP#2 SECOND AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non-Ad Valorem Assessment Program This Amendment is made and entered into this 18th day of April, 2012, by and between Monroe County and Government Services Group, Inc. (GSG), in order to amend the Agreement between the parties dated April 15, 2009 and the First Amendment between the parties dated January 19, 2011 for non-ad valorem assessment services. WITNESSETH: WHEREAS, on January 19, 2011 the parties entered into the FIRST AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program herein referred to as GSG First Amendment; and WHEREAS, the GSG First Amendment is included as Attachment A/GSG Second Amendment— GSG First Amendment executed January 19, 2011 and GSG Agreement executed April 15, 2009; and WHEREAS, on April 15, 2009 the parties entered into the AGREEMENT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program herein referred to as GSG Agreement; and WHEREAS, the GSG Agreement was included as Attachment A to the First Amendment; and WHEREAS, the GSG Agreement included Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area for a fixed fee of a fixed fee of$55,080 plus $1.28/ first class notice mailed and Task 6 for the annual maintenance and certification of the non-ad valorem special assessment programs for a fixed fee of$23,500/year prior to implementation of the Cudjoe program and $40,000/year once annual services are required for the Cudjoe program; and WHEREAS, the funding plan for the Cudjoe Regional Central Wastewater System was incomplete in 2009 and partial payments for Tasks 1-5 totaling $35,802 were paid to under the GSG Agreement; and WHEREAS, Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area continued under the GSG First Amendment for a revised total fixed fee of$35,000 which included the remaining $19,278 from the GSG Agreement and the additional fixed fee of $15,722 added by the GSG First Amendment to update the 2009 preliminary tax roll and provide additional services; and 1 of 4 GSG Second Amendment Scenario B WHEREAS, the funding plan for the Cudkoa Regional Central Wastewater System was incomplete in2O11 and partial payments for Tasks 1-5 totaling $28.250 were paid ho under the GSG First Amendment during FY2O11; and WHEREAS, the Monroe County Board of County Commissioners intends ho implement, the Cudjoe Regional Inner Islands Non-Ad Valorem Assessment Program for the 2012 tax year following approval of the State of Florida proposed Fiscal Year 2012- 13 appropriation for unincorporated Monroe County Wastewater projects; and Whereas, of the $70,802 1 nitial Contract and First Amendment revised fixed fee to develop and implement the Cudjoe Regional Assessment Program for Tasks 1-5, $62.052 was paid toGSG; and WHEREAS, Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Inner Islands Service Area requires updating the 2011 preliminary tax roll of over 2.000 parcels with current property appraiser parcel data including Real Estate Identification Numbers and Parcel Codes; and WHEREAS, the Equivalent Dwelling Unit allocations for commercial properties are based on2O09 water consumption; and WHEREAS, the Non-Ad Valorem Assessment Program requires adequate lead time to update the preliminary tax no||, hold/advertise the statutory hearings, and collect prepayments; and WHEREAS, development of non-ad valorem special assessment programs usually begins in the beginning of the calendar year; and WHEREAS, GSGufee for Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Inner Islands Service Area for the 2O12 tax bill is $36.000; and WHEREAS, Task 6 is for the annual maintenance and certification of the non ad- valorem special assessment rolls; and VVHEREAS, the fixed fee for Task O annual services for the Stook Island, Big Coppitt and Duck Key Service Areas for the 2012 tax bill is $23.500; and VVHEREAS, the fixed fee for Task 0 annual services for the Cudjoe Regional Inner Islands Program is $0.250 for the 2013tax bill and the Supplemental Big Coppitt and Duck Key Programs is $75O for the 2O13 tax bill for a total of$30.500; and VVHEREAS, annual services for the Cudioe Regional Central Service Area are not needed until adoption of the Final Assessment Resolution(s) for the Cudjoe Regional Central Program; and WHEREAS, Task O of GSG Agreement includes an option to extend for an additional five year period following the initial five year period for the annual services; and VVHEREAS. Resolution 168-2011 establishes the Capacity Fee for the Big Coppitt and Duck Key service areas; and 2 of GSG Second Amendment Scenario B WHEREAS, a supplemental non-ad valorem special assessment tax roll is necessary to collect Capacity Fees for those properties that received building permits requiring initial or additional wastewater service between adoption of the Final Assessment Resolution on September 10, 2007 for the Big Coppitt & Duck Key Service Areas and adoption of the Capacity Fee Resolution on June 15, 2011; and WHEREAS, the development and implementation of the supplemental non-ad valorem assessment roll for the Big Coppitt and Duck Key for the 2012 tax year is referred to as Task 7; and WHEREAS, GSGs fee for Task 7 is $3,000; and WHEREAS, annual services for the Supplemental Big Coppitt and Duck Key tax rolls are not needed until adoption of the Final Assessment Resolution for the Supplemental Big Coppitt and Duck Key Program; and IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Monroe County and GSG agree that no further payment for GSG First Amendment Tasks 1-5 specified at $35,000 is authorized as of the date of this Second Amendment. 2. Monroe County agrees to pay $36,000 for Second Amendment Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Inner Island Service Area and $1.31/notice on the 2012 tax bill. 3. Monroe County agrees to continue to pay $23,500/year in quarterly installments for Task 6 annual services for the 2012 tax year for the Stock Island, Big Coppitt, and Duck Key Service Areas, as set forth in the Agreement and First Amendment. 4. Following the delivery of the Cudjoe Regional Inner Islands and Supplemental Big Coppitt and Duck Key Tax Rolls, Monroe County agrees to pay an additional $6,250/year for Cudjoe Regional Inner Islands Task 6 annual services and $750/year for Supplemental Big Coppitt and Duck Key Task 6 annual services in 2013, which, when added to the amount in paragraph 4 above, is a total of $30,500/year. 5. Monroe County and GSG acknowledge the option to amend this Agreement when it becomes necessary to extend Task 6 annual services for the Stock Island, Big Coppitt, and Duck Key, and Supplemental Big Coppitt and Duck Key Programs for the 2014 tax year. 6. Monroe County agrees to pay $3,000 for Task 7 development and implementation of the Supplemental Big Coppitt and Duck Key tax rolls for the 2012 tax bill. 7. Monroe County agrees to pay for Task 1-5, 6, and 7 in accordance with the GSG Second Amendment Payment Schedule provided in GSG Second Amendment/Attachment B. 3 of 4 GSG Second Amendment Scenario B 8. All other provisions of the contract entered April 15, 2009 as amended by the First Amendment between the parties dated January 19, 2011 for non-ad valorem assessment services which are not inconsistent herewith shall remain in full force and effect. 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 By: By: Deputy Clerk Mayor/Chairman Date: (Seal) CONSULTANT Attest: BY: By: Title: Title: END OF AGREEMENT 4 of 4 GSG Second Amendment Scenario B GSG Second Amendment Scenario C MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: GSG Contract # Second Amendment Effective Date: April 18, 2012 Expiration Date: September 16, 2013 Contract Purpose/Description: This Contract Summary is for the Second Amendment to GSG Agreement and First Amendment for Consulting Services for Development and Administration of Non-Ad Valorem Assessment Program adopted April 15, 2009 and January 19, 2011, respectively. Specifically, this is for Scenario C —Assess Cudjoe Inner Islands (Upper Sugarloaf North to Summerland Key) and Supplemental Big Coppitt and Duck Key on 2012 Tax Bill, Cudjoe Outer Islands (Lower Sugarloaf plus Ramrod North to Big Pine Key) on 2013 Tax Bill and 2012 - 2013 Annual Services. Breakout of contract value provided in AIS cover memo. Contract Manager: Elizabeth Wood 8795 Wastewater/#26 (Name) (Ext.) (Department/Stop #) for BOCC meetina on Aril 18, 2012 A ends Deadline: A ril 3, 2012 CONTRACT COSTS Total Dollar Value of Contract: $ $120,335 Current Year Portion: $ 70,502 Budgeted? Yes® No ❑ Account Codes: _172 -_55006 -_530340_- - Grant: $ 171-55005-530340_ _ County Match: $ 310-55011-530340- - 31.1-55012-530340_ _ ADDITIONAL COSTS Estimated Ongoing Costs: $ 42,250/yr For: Annual services Not included in dollar value above e . 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 YesFj No❑ County Attorney Yes❑ No❑ Comments: OMB Form Revised 2/27/01 MCP#2 SECOND AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non-Ad Valorem Assessment Program This Amendment is made and entered into this 18th day of April, 2012, by and between Monroe County and Government Services Group, Inc. (GSG), in order to amend the Agreement between the parties dated April 15, 2009 and the First Amendment between the parties dated January 19, 2011 for non-ad valorem assessment services. WITNESSETH: WHEREAS, on January 19, 2011 the parties entered into the FIRST AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program herein referred to as GSG First Amendment; and WHEREAS, the GSG First Amendment is included as Attachment A/GSG Second Amendment—GSG First Amendment executed January 19, 2011 and GSG Agreement executed April 15, 2009; and WHEREAS, on April 15, 2009 the parties entered into the AGREEMENT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program herein referred to as GSG Agreement; and WHEREAS, the GSG Agreement was included as Attachment A to the First Amendment; and WHEREAS, the GSG Agreement included Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area for a fixed fee of a fixed fee of$55,080 plus $1.28/ first class notice mailed and Task 6 for the annual maintenance and certification of the non-ad valorem special assessment programs for a fixed fee of$23,500/year prior to implementation of the Cudjoe program and $40,000/year once annual services are required for the Cudjoe program; and WHEREAS, the funding plan for the Cudjoe Regional Central Wastewater System was incomplete in 2009 and partial payments for Tasks 1-5 totaling $35,802 were paid to under the GSG Agreement; and WHEREAS, Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area continued under the GSG First Amendment for a revised total fixed fee of$35,000 which included the remaining $19,278 from the GSG Agreement and the additional fixed fee of $15,722 added by the GSG First Amendment to update the 2009 preliminary tax roll and provide additional services; and 1 of 4 GSG Second Amendment Scenario C WHEREAS, the funding plan for the Cudjoe Regional Central Wastewater System was incomplete in 2011 and partial payments for Tasks 1-5 totaling $26,250 were paid to under the GSG First Amendment during FY 2011; and WHEREAS, the Monroe County Board of County Commissioners intends to implement, in phases, the Non-Ad Valorem Cudjoe Regional Central Inner and Outer Islands Assessment Programs for the 2012 and 2013 tax years following approval of the State of Florida proposed Fiscal Year 2012-13 appropriation for unincorporated Monroe County Wastewater projects; and Whereas, of the $70,802 Initial Contract and First Amendment revised fixed fee to develop and implement the Cudjoe Regional Assessment Program for Tasks 1-5, $62,052 was paid to GSG; and WHEREAS, Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area requires updating the 2011 preliminary tax roll of over 7,000 parcels with current property appraiser parcel data including Real Estate Identification Numbers and Parcel Codes; and WHEREAS, the Equivalent Dwelling Unit allocations for commercial properties are based on 2009 water consumption; and WHEREAS, the Non-Ad Valorem Assessment Program requires adequate lead time to update the preliminary tax roll, hold/advertise the statutory hearings, and collect prepayments; and WHEREAS, development of non-ad valorem special assessment programs usually begins in the beginning of the calendar year; and WHEREAS, GSGs fee for Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Inner Islands Service Area for the 2012 tax bill is $36,000; and WHEREAS, GSGs fee for Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Outer Islands Service Area for the 2013 tax bill is $18,000; and WHEREAS, Task 6 is for the annual maintenance and certification of the non ad- valorem special assessment rolls; and WHEREAS, the fixed fee for Task 6 annual services for the Stock Island, Big Coppitt and Duck Key Service Areas for the 2012 tax bill is $23,500; and WHEREAS, the fixed fee for Task 6 annual services for the Cudjoe Regional Inner Islands Program is $6,250 for the 2013 tax bill and the Supplemental Big Coppitt and Duck Key Programs is $750 for the 2013 tax bill for a total of$30,500; and WHEREAS, the fixed fee for Task 6 annual services including the Cudjoe Regional Outer Islands Service Area for the 2014 tax bill is $42,250; and 2 of 4 GSG Second Amendment Scenario C WHEREAS, annual services for the Cudjoe Regional Central Service Area are not needed until adoption of the Final Assessment Resolution(s) for the Cudjoe Regional Central Program; and WHEREAS, Task 6 of GSG Agreement includes an option to extend for an additional five year period following the initial five year period for the annual services; and WHEREAS, Resolution 168-2011 establishes the Capacity Fee for the Big Coppitt and Duck Key service areas; and WHEREAS, a supplemental non-ad valorem special assessment tax roll is necessary to collect Capacity Fees for those properties that received building permits requiring initial or additional wastewater service between adoption of the Final Assessment Resolution on September 10, 2007 for the Big Coppitt & Duck Key Service Areas and adoption of the Capacity Fee Resolution on June 15, 2011; and WHEREAS, the development and implementation of the supplemental non-ad valorem assessment roll for the Big Coppitt and Duck Key for the 2012 tax year is referred to as Task 7; and WHEREAS, GSGs fee for Task 7 is $3,000; and WHEREAS, annual services for the Supplemental Big Coppitt and Duck Key tax rolls are not needed until adoption of the Final Assessment Resolution for the Supplemental Big Coppitt and Duck Key Program; and IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Monroe County and GSG agree that no further payment for GSG First Amendment Tasks 1-5 specified at $35,000 is authorized as of the date of this Second Amendment. 2. Monroe County agrees to pay $36,000 for Second Amendment Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Inner Island Service Area and $1.31 per notice on the 2012 tax bill. 3. Monroe County agrees to pay $18,000 for Second Amendment Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Outer Island Service Area and $1.31 per notice on the 2013 tax bill. 4. Monroe County agrees to continue to pay $23,500/year in quarterly installments for Task 6 annual services for the 2012 tax year for the Stock Island, Big Coppitt, and Duck Key Service Areas, as set forth in the Agreement and First Amendment. 5. Following the delivery of the Cudjoe Regional Inner Islands and Supplemental Big Coppitt and Duck Key Tax Rolls, Monroe County agrees to pay an additional $6,250/year for Cudjoe Regional Inner Islands Task 6 annual services and $750/year for Supplemental Big Coppitt and Duck Key Task 6 annual services in 3 of 4 GSG Second Amendment Scenario C 2013, which, when added to the amount in paragraph 4 above, is a total of $30,500/year. 6. Monroe County agrees to pay an additional $11,750/year in 2014 for Task 6, which, when added to the total amount in paragraph 5 above, is a total of $42,250/year. 7. Monroe County and GSG acknowledge the option to amend this Agreement when it becomes necessary to extend Task 6 annual services for the Stock Island, Big Coppitt, and Duck Key, and Supplemental Big Coppitt and Duck Key Programs for the 2014 tax year. 8. Monroe County agrees to pay $3,000 for Task 7 development and implementation of the Supplemental Big Coppitt and Duck Key tax rolls for the 2012 tax bill. 9. Monroe County agrees to pay for Task 1-5, 6, and 7 in accordance with the GSG Second Amendment Payment Schedule provided in GSG Second Amendment/Attachment B. 10. All other provisions of the contract entered April 15, 2009 as amended by the First Amendment between the parties dated January 19, 2011 for non-ad valorem assessment services which are not inconsistent herewith shall remain in full force and effect. 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 By: By: Deputy Clerk Mayor/Chairman Date: (Seal) CONSULTANT Attest: BY: By: Title: Title: END OF AGREEMENT 4of4 GSG Second Amendment Scenario C GSG Second Amendment Scenario D MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRA(.'.'T StJMIMARY Contract with: GSG Contract# Second Amendment ..................................................................................................................................... ..................­1.... .................................... Effective Date: April 18,2012 Expiration Date: Contract Purpose/Descript ion: This Contract Summary is for the Second Amendment to GSG Agreement and First Amendment for Consulting Services for Development and Administration of Non-Ad Valor-ern Assessment Progyam,adopted April 15, 2009 and January 19, 2011, respectively. Specifically,this is for Scenario D® Supplemental Big Coppitt and Duck Key on 2012 Tax Bill and 2012 - 2013 .Anmeal Services. Breakout of contract value provided in AI S cover memo. Contract Manager: Elizabeth Wood 8795 Wastew at:er/#26 N�mej _FE r�_Q #) for BOCC niecting,on ' )\L)ri1IK, 20I2 Lenda Deadline: Aj�)ril 3, 2012 CONTRAn,cos,rs 'rotal Dollar Value of Contract: $ $ 50 750-.. Current Year Portion: ..... Budgeted? YesH No E A c c o u n,t C;-7)de Grant: 171-55005-530340- - ..................... ........—1 1——�11...................­..., County M;('.1tell: $ 310-55011-53034,0. ...................- ......... .................................... .................................................. 311-55012-530340- ADDITIONAL.COSTS Estimated Ongoing Costs- $ 42,250/yr For: .......A.......n......n......I.,u..al services .... ­ ... ... ............... of included in dollar vahie atmell ................................................... rnai rite nance,utilitie nitoriaf,salari te.1 CONTRAc,r REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes[] No[:] ................. Risk Managernetit Yes Ej NoEl ................................................................................................................................................................... O.Ni,13./Purcliasing Yes[ No County Attorney Yes[:]' No[..-] I Comments: .................. ................... OMB Fonn Revised 2/27/01 MCP#2 SECOND AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non-Ad Valorem Assessment Program This Amendment is made and entered into this 18th day of April, 2012, by and between Monroe County and Government Services Group, Inc. (GSG), in order to amend the Agreement between the parties dated April 15, 2009 and the First Amendment between the parties dated January 19, 2011 for non-ad valorem assessment services. WITNESSETH: WHEREAS, on January 19, 2011 the parties entered into the FIRST AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program herein referred to as GSG First Amendment; and WHEREAS, the GSG First Amendment is included as Attachment A/GSG Second Amendment—GSG First Amendment executed January 19, 2011 and GSG Agreement executed April 15, 2009; and WHEREAS, on April 15, 2009 the parties entered into the AGREEMENT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program herein referred to as GSG Agreement; and WHEREAS, the GSG Agreement was included as Attachment A to the First Amendment; and WHEREAS, the GSG Agreement included Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area for a fixed fee of a fixed fee of$55,080 plus $1.28/ first class notice mailed and Task 6 for the annual maintenance and certification of the non-ad valorem special assessment programs for a fixed fee of$23,500/year prior to implementation of the Cudjoe program and $40,000/year once annual services are required for the Cudjoe program; and WHEREAS, the funding plan for the Cudjoe Regional Central Wastewater System was incomplete in 2009 and partial payments for Tasks 1-5 totaling $35,802 were paid to under the GSG Agreement; and WHEREAS, Tasks 1-5 necessary for the development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Service Area continued under the GSG First Amendment for a revised total fixed fee of$35,000 which included the remaining $19,278 from the GSG Agreement and the additional fixed fee of $15,722 added by the GSG First Amendment to update the 2009 supplemental tax roll and provide additional services; and 1 of 3 GSG Second Amendment Scenario D WHEREAS, the funding plan for the Cudjoe Regional Central Wastewater System was incomplete in 2011 and partial payments for Tasks 1-5 totaling $26,250 were paid to under the GSG First Amendment during FY 2011; and Whereas, of the $70,802 Initial Contract and First Amendment revised fixed fee to develop and implement the Cudjoe Regional Assessment Program for Tasks 1-5, $62,052 was paid to GSG; and WHEREAS, Tasks 1-5 are not required for the 2012 tax roll; and WHEREAS, Task 6 is for the annual maintenance and certification of the non ad- valorem special assessment rolls; and WHEREAS, the fixed fee for Task 6 annual services for the Stock Island, Big Coppitt and Duck Key Service Areas for the 2012 tax bill is $23,500; and WHEREAS, Task 6 of GSG Agreement includes an option to extend for an additional five year period following the initial five year period for the annual services; and WHEREAS, Resolution 168-2011 establishes the Capacity Fee for the Big Coppitt and Duck Key service areas; and WHEREAS, a supplemental non-ad valorem special assessment tax roll is necessary to collect Capacity Fees for those properties that received building permits requiring initial or additional wastewater service between adoption of the Final Assessment Resolution on September 10, 2007 for the Big Coppitt & Duck Key Service Areas and adoption of the Capacity Fee Resolution on June 15, 2011; and WHEREAS, the development and implementation of the supplemental non-ad valorem assessment roll for the Big Coppitt and Duck Key for the 2012 tax year is referred to as Task 7; and WHEREAS, GSGs fee for Task 7 is $3,000; and WHEREAS, annual services for the Supplemental Big Coppitt and Duck Key tax rolls are not needed until adoption of the Final Assessment Resolution for the Supplemental Big Coppitt and Duck Key Program; and IN CONSIDERATION of the mutual promises contained herein, the parties hereby agree as follows: 1. Monroe County and GSG agree that no further payment for GSG First Amendment Tasks 1-5 specified at $35,000 is authorized as of the date of this Second Amendment. 2. Monroe County agrees to continue to pay $23,500/year in quarterly installments for Task 6 annual services for the 2012 tax year for the Stock Island, Big Coppitt, and Duck Key Service Areas, as set forth in the Agreement and First Amendment. 3. Fallowing the delivery of the Supplemental Big Coppitt and Duck Key Tax Rolls, Monroe County agrees to pay an additional $750/year for Supplemental Big 2 of 3 GSG Second Amendment Scenario D Coppitt and Duck Key Task 6 annual services in 2013, which, when added to the amount in paragraph 4 above, is a total of$24,250/year. 4. Monroe County and GSG acknowledge the option to amend this Agreement when it becomes necessary to extend Task 6 annual services for the Stock Island, Big Coppitt, and Duck Key, and Supplemental Big Coppitt and Duck Key Programs for the 2014 tax year. 5. Monroe County agrees to pay $3,000 for Task 7 development and implementation of the Supplemental Big Coppitt and Duck Key tax rolls for the 2012 tax bill. 6. Monroe County agrees to pay for Task 1-5, 6, and 7 in accordance with the GSG Second Amendment Payment Schedule provided in GSG Second Amendment/Attachment B. 7. All other provisions of the contract entered April 15, 2009 as amended by the First Amendment between the parties dated January 19, 2011 for non-ad valorem assessment services which are not inconsistent herewith shall remain in full force and effect. 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 By: By: Deputy Clerk Mayor/Chairman Date: (Seal) CONSULTANT Attest: BY: By: Title: Title: END OF AGREEMENT 3of3 GSG Second Amendment Scenario D Attachment A/GSG Second Amendment GSG First Amendment Executed January 19, 2011 and GSG Agreement Executed April 15, 2009 e.kQ_ rK FIRST AMENDMENT TO CONTRACT FOR CONSULTING SERVICES for Development and Administration of Non Ad-Valorem Assessment Program This Amendment is made and entered into this 191'day of January, 2011,by and between Monroe County and Government Services Group, Inc. (GSG), in order to amend the Contract-between the parties dated-April 15, 2009 for non ad-valorem assessment services. WITNESSETH: WHEREAS,on April 15,2009,the parties entered into an Agreement for Consulting Services for Development and Administration of Non Ad-Valorem Assessment Program included as Attachment ;and WHEREAS,the fixed fee for Tasks 1 —5 of the Agreement Scope of Basic Services for the development of the non ad valorem tax roN for the Cudjoe Regional Service Area was$55,080;and WHEREAS, on August 3, 2009 the Monroe County Board of County Commissioners voted to delay levy of the non ad-valorem special assessment for the Cudjoe Regional Wastewater System; and WHEREAS,GSG received $35,802 In payments for work completed under Tasks 1 —5 prior to suspension of the CudJoe Regional Assessment Program;and WHEREAS, the Monroe County Board of County Commissioners intends to levy non ad-valorem wastewater assessments for the Cudjoe Regional Service Area on the 2011 tax bill;and WHEREAS, additional services are required to update roll with current property appraiser and adjust EDU allocations where necessary;and WHEREAS, additional services are required to address changes in scope related to service area, level of development,and fee;and WHEREAS, additional services are required to quantify assessable EDUs by sub service areas;and WHEREAS,GSGs fee for additional services is$15,722;and WHEREAS, once the Cudjoe Regional Final Assessment Resolution Is adopted, annual services(Task e)are required; and Page 2 of 3 WHEREAS the Task 6 fee is $23,500 for the Stock Island, Big Coppitt,and Duck Key Assessment Program annual services;and WHEREAS the Task 6 fee increases to $40,000 when annual services for the Cudjoe Regional Assessment Program are Included in the scope;and R7IoN IN CONSID of the mutual promises contained herein, the partles hereby agree as follows: 1. Monroe County agrees to pay the revised fee of$70,802 for the development and Implementation of the Cudoe Key Assessment Program (Task 1-5) in accordance with the schedule provided In Attachment C. ✓ 2. Monroe County agrees to pay$23,500 for annual services required for the Stock Island, Big Coppitt and Duck Key Assessment Programs(Task 6)in accordance with the schedule provided In Attachment C. 3. Monroe County agrees to pay$40,000 for annual services required for the Cudjoe Regional, Stock Island, Big Coppitt and Duck Key Assessment Programs (Task 6)In accordance with the schedule provided in Attachment C. 4. Upon notice to proceed„GSG will resume development of the Cudjoe Regional Service Area preliminary assessment roll and provide the additional services to address changes In scope related to service area,level of development, and fee. 5. GSG will provide additional services to quantify assessable EDUs by sub service areas. 6. The remaining terms of the Agreement,not Inconsistent herewith,shall remain in full force and effect Page 2 of 3 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its ed representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS L KOLHAGE,Clerk OF MONROE COUNTY,FLORIDA C. By: Deputy Clerk Mayor/Chairman Date: 000%I iY ArC?�'=Y AP D AS T S ZA Nc A.H TTGN p,�Ujti °V?Y (Seal) CONSULTANT ~ '""!" Attes� B v� I3y. ` Tice: Title: .7r V (C9 1 teSl(� END OF AGREEMENT r- _ rr7 N O a _ = rTt c7 V O Page 3 of 3 ATTACHMENT A Attachment A-Amendment 1 to April 1 S.2009 Agreement with GSG for Non Ad Program AGREEMENT FOR CONSULTING SERVICES for Development and Administration of Non Ad-valorem Aesesament Program Is Agreement ('Agreement-) made and entered Into this A day of 200 9 by and between Monroe County, a political subdivision of the Stafe 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"), AND 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", W ITNESSETH: 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 8 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 authorizatlona necessary to act as CONSULTANT for the Project until the CONSULTANTS 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 CONSULTANTS 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. 1A.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 Naft r 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. V 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 to the COUNTY shell 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: Elzabeth A.Wood Monroe County Senior Administrator,Sewer Projects 1100 Simonton Street, Room 2-216 Key West. Florida 33040 For the Consultant: Mark Brown&Camille lbarpe Government Services Group,Inc. 1500 Mahan Drive, Suite 250 Tallahassee, FL 32308 ARTICLE Ill ADDITIONAL SERVICES 3.1 The services described In this Amide 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 Additlonal 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 COON YS RESPONSIBILITIES 4.1 The COUNTY shall designate a representative to act on the COUNTY's behalf with reaped 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 CONSULTANTS 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 CONSULTANTS 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 producL 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 INDEMNI,EICATION 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 clams 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 Subcontractors)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 time functions as indicated: NAME FUNCTION Mario Brown Management/Dato Analysis/Programming Camille Thorpe 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 currant funds for the CONSULTANTS performance of this Agreement based on rates aryd 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 shah 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 CONSULTANTS 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 CONSULTANTS 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 offske operations. and owned, hired or non-owned vehicles, with One Hundred Thousand($100,000)per occurrence and combined single KrnIt. 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 ad 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 contracL 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 Fhre Hundred Thousand Dollars ($500,000.00)annual aggregate. If the policy Is a"claims made"policy. CONSULTANT shad 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 CONSULTANTS liabilities hereunder in Insurance coverages Identifled 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 subconsuitants. 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 aelf-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. Page 7 of 14 ART&LE LX (MISCELLANEOUS 9A 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 pert 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 dellverables 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 suomesors, 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-contalned herein shall create any relationship, contractual or otherwise, with or any rights In favor of,any thins 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(80)days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addends, the Form of Agreement (Articles I-IX). the CONSULTANTS response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, arid attachments A/B and modUications 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 fist 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 suboonsultant 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 subconsuttant 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 Cleric 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. Page 9 of 14 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 administradve proceeding is Instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie In the 16'"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 CIA 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 terns, 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. Page 10 of 14 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 as. 1681-1663, and 1685-16851 which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973. as amended (20 USC s. 7941 which prohibits discrimination on the basis of handicaps; 4)The Age Discriminadw Act of 1975, as amended (42 USC as. 6101-0107)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 Ad of 1970 (PL 91-816), 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,ea.523 and 527(42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Tolle Vill of the Civil Rights Act of 1958 (42 USC a. 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 stabAes 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 campy 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 SOLICITATIONIPAYMENT 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 monles 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, a0 documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 1i9, 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. Page 12 of 14 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 omwage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shad 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'compensatln, 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-Delegatlon 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 const kftnal 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 Page 13 of 14 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 coats.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 rapacity, and no member, officer, agent or employee of Monroe County shall be Roble 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 o r rn CD Deputy Clerk MayodChairman 't7f O µ0NFvF CO11�jT`f.. �o AP 4 3 A•/ rn (Sean CONSULTANT an �,.....to. .. � ) y itle; I' Title: u ACE n2 ES 1 aw� l END OF AGREEMENT Pa&o 14 of 14 ATTACHMENT A This agreement Is for the development and Implementation of the non-ad valorem special assessment program for collection of wastewater connection fees frorn property owners in the Cudjoo Regional Wastewater Service Area, which Includes parcels In Upper and Lower Sugarloaf Keys, Cudioe Key, Summadand 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 Copnty wastewater assessment rolls are described In Task S. Task 1 -Evaluate existing data sources and Identify methodologies for developing the preliminary assessment roN. 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 fists, 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 propctt les. 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 crftical 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 Mal 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 flnel assessment roll to the county's tax collector. The Respondent will contact the tax collector at 305-295-5010 to Identify the required layout Pago t of 2 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 implemen*V 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 6—Conduct Progress Meetings Consultant will schedule, plan and conduct meetings, as needed. Up to three meetings which may include a kick-cif 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 treats 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 <ronsukant will manage the database annually by providing the County with a flat 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. Page 2 of 2 ATTACHMENT B The fixed fee price for tasks 1-5 is$55.080. Payment for production and nailing 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$23.600. 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 The($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 fbxed 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 112.081 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 Page I of 1 December 14,2010 Via Electronic Transmission Elizabeth A.Wood,Senior Administrator Monroe County Sewer Projects 1100 Simonton Street,Suite 2-216 Key West,FL 33040 Re: Monroe County Cudjioe Key Wastewater Assessment Program - Fiscal Year 20i11-12 Dear Uz, Based on our telephone discussion last week, this correspondence is written for Government Services Group, Inc. (GSG) to provide a revised scope of services and fees for our continuing assistance In the development and implementation of the wastewater assessment program for Cudjoe Key for Fiscal Year 2011-12 pursuant to the Agreement for Consulting Services(Agreement)between GSG and Monroe County (County)dated April 15,2009 and effective through Fiscal Year 201344. The Agreement contemplated that the development and Implementation of the wastewater assessment program for Cudjoe Key would be completed in 2009 for Fiscal Year 2009-10. Based on that assumption, the original fees for Fiscal Year 2009-10 and Fiscal Year 2010-11 through 2013-14 were as follows: Monroe County tAl ntowater Asaeasraant F oli als Original Faes Floeal Year 2009-10 Flow,Year 201041 Orougan 2013-24 Cudjoe Key $55,080.00 Included In other fens Annual Services Big Copp%Duck Key,Stock Island&web Application $23,500.00 $40,000.00 Although the Cudjoe Key assessment program was deferred just prior to the adoption of the preliminary assessment resolution in 2009,GSG billed and was paid$35,912.00 In 2009, leaving$19,168.00 for the future development and implementation of the Cudjoe Key assessment program. Based on our discussions on February 1, 2010 regarding the potential implementation of the Cudjoe Key assessment program for Fiscal Year 2010-11, GSG billed the County $3,750.00 In March 2010 and $3,750.00 In May 2010; however, the County did not remit payment for these Invoices so the outstanding amount still available for the development and implementation of the Cudjoe Key assessment program is$19,168.00. On our phone call last week, the County requested that GSG provide EDU totals for subareas within the Cudjoe Key assessment area. In addition,the County may want to explore a tiered approach that charges properties based on specific components of the wastewater services (e.g., wastewater treatment costs versus collection and/or connection costs). These modifications to the parameters of the original Cudjoe Key assessment program will require GSG to conduct additional work effort not originally contemplated. Therefore,this revised scope of services and fee for the development and Implementation of the Cudjoe Key assessment program addresses the new program parameters and is also based on the following assumptions: Tallahassee Orlando Miami 1500 Mahan Drive,Suite 250 280 Wsklm Sprur6s Rd Sutra 2000 2655 Leleune Roed.Pent House 13 Tellehamoo,FL 3230e Langwood,FL 32T79 Cond Gables,FL 33134 (850)6613717 Tel•(850)2247206 Fax (407)6294NO Tel•(407)629-S963 Fax (305)374-OBW Tel (865)896.4747 Toll Free (877)55234e2 Tom Free (305)374-4933 Fax Elizabeth A.Wood,Senior Administrator December 14,2010 Page 2 1. County will provide notice to proceed by January 20,2011. 2. The preliminary database will be based on the data prepared for the Fiscal Year 2009-10 assessment program and will not be updated except for any parcels that have Improved since 2009 or parcels that have changed from Single Family Residential(SFR)properties to non-SFR properties or vice versa. 3. The rules for the assessment program are: a) PC Code directs the assessment category. b) SFR- 1 EDU c) Non-SFR properties-average flow In gallons per day(gpd)for highest 3 months/167 gpd. Due to the change to new data format by FKAA effective October 2007,the 18-month time period used for water flow included October 2007 through March 2009 (Inclusive). d) Vacant parcels are not included in the assessment program. e) Cold spot parcels are not included in the assessment program. 4. The County will provide direction to resolve the following outstanding data Issues: a) Meters less than 1.0 EDU b) Possible high meters c) Marines-docks d) Parcels sharing a meter e) No meter match f) Nursery parcels 5. GSG will provide preliminary Information based on the afore-mentioned assumptions by April 15,2011. SCOPE OF SERVICES Based on the scope of services within the Agreement and the aforementioned assumptions,GSG proposes the following tasks for the development and implementation of the Cudjoe Key assessment program for Fiscal Year 2011-12: Task is Re-evaluate existing data sources and Identify methodologies for developing the preliminary assessment roll. Task 2: Develop Preliminary Assessment Roll upon approval of methodology by County. Task 3: Certification of Final Assessment Roil Task 4: Provide direction to Monroe County for compliance with statutory requirements assoclated with collection of special assessment by the uniform method. Task 5: Conduct Progress Meetings Elizabeth A.Wood,Senior Administrator December 14,2010 Page 3 PROPOSED FEES The fee for GSG to provide the professional services described In the proposed scope of services will be $35,000.This fee includes reimbursement for all out-of-pocket expenses,except as noted below. The professional services fee Includes two on-site visits to the County. Any additional 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 cells may be scheduled to discuss project status. The standard hourly rates for GSG are as follows: GOVERNMENT SERVICES GROUP,INC. ChiefExecutive Officer..............................................................................$225 SeniorVice President................................................................................$175 VicePresident.......................................................................................$160 Senior Project Manager/Consultant/Project Coordinator......................$160 Consuttant/Database Ana"Vrechnical Services..................................$130 AdministrativeSupport..............................................................................$ 50 The professional services fee does not Include the costs of producing and mailing the statutorily required first class notices. Mailing and production costs depend on the number of assessable parcels of property within the assessment program area,but average approximately;1.30 per parcel. Payment of mailing and production costs Is due at the time of adoptlon 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,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 necessaryfor the assessment program. DELIVERABLES SCHEDULE Ebert Schedule Notice to Proceed By January 20,2011 Prepare Preliminary Assessment Roll April 1,2011 Develop Revenue Requirements April 1,2011 Calculate Assessment Rates April 15,2011 Notice to Proceed with Implementation By May 1,2011 implementation May-September 2011 Elizabeth A.Wood,Senior Administrator December 14,2010 Page 4 PAYMENT SCHEDULE The fee for professional services will be due and payable, based on the following schedule and assuming that notice to proceed is received by January 20, 2011. If notice to proceed occurs after this date, the payment schedule will be condensed over the anticipated number of months remaining to complete the project Payment Due Percent of Total Amount Due February 2011 25%of professional services fee $8,750 March 2011 25%of professional services fee $8,750 April 2011 25%of professional services fee $8,750 September 2011 25%of professional services fee $8,750 Total $35,000 The execution of this letter agreement indicates acceptance of this proposal and notice to proceed. Upon execution of this agreement, please provide us with a signed copy for our files. We look forward to working with you on this project If you have any questions,please feel free to telephone me. Sincerely. %,rLUL 9- Camille P.Tharpe Senior Vice President ACCEPTED AND AGREED TO FOR FISCAL YEAR 2011-12: BY MONROE COUNTY DATE ATTACHMENT C The fixed fee for Tasks 1 —5 to develop and implement the Cudjoe Regional Assessment Program is amended based on scope changes to$70,802. Payment Schedule Tasks 1-5 25%of fixed fee($8,750) Delivery of preliminary assessment roll based on 2011 PA data and estimate of assessable EDU9 for revised scope service areas (estimated Feb 1, 2011) 25%of fixed fee($8,750) Delivery of preliminary assessment roll and list of properties requiring field verification(assumes scope Issues related to vacant,expanded service area, or other are resolved by Feb 18,2011) (estimated March 1,2011) 25%of fixed fee($8,750) Upon notice (estimated April 1,2011) 25%of fixed fee($8,750) Upon certification of Cudjos Regional Assessment Program to tax collector (Estimated mid-September 2011 or earlier) Payment Schedule Task 6(Big Coppltt, Duck Key and Stock Island Annual Services) January 2011 25%of fixed The($5,875.00) April 2011 25%of fixed fee($5,875.00) July 2011 25%of fixed flee($5,875.00) September 2011 25%of fixed fee($5,875.00) Payment Schedule Task 6(Cudjoe Regional, Big Coppltt, Duck Key and Stock Island Annual Services) January 2012-2013 25%of fixed fee($10,000.00 per year) April 2012-2013 25%of fixed fee($10,000.00 per year) July 2012-2013 25%of fixed fee($10,000.00 per year) September 2012-2013 25%of fixed fee($10,000.00 per year) \ Attw4unag C-Amendment l to April 1 S,2009 Agr=mmt with OSG ibr Non Ad Program Attachment B/GSG Second Amendment Scenario A Payment Schedule GSG Second Amendment Payment Schedule Scenario A Tasks 1-5: Development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Central Service Area on the 2012 tax bill. Cudjoe Regional Central Inner and Outer Islands Program The fixed fee to develop and implement the Cudjoe Regional Central Inner and Outer Islands Assessment Program for Lower Sugarloaf north to Big Pine Key with the current parcels and EDU allocations based on PC Code changes and the most recent 3 year water consumption data is $42,000. Certification of the Cudjoe Central Non-ad Valorem Special Assessment tax roll is required by September 15, 2012 for collection of the system development fees (SDFs)to begin on the 2012 tax bill. Monroe County will make partial payments equaling 25% of the $42,000 fixed fee of $10,500 to GSG upon completion of the following milestones: • Milestone 1: Delivery of Cudjoe Regional Central Draft Non-Ad Valorem Assessment Tax Roll to Monroe County for field verification. Target date: May 7, 2012 [25% of fixed fee: $10,500] • Milestone 2 - Delivery of Cudjoe Regional Central preliminary Non-Ad Valorem Assessment Tax Roll to Monroe County for possible inclusion on Initial Assessment Resolution. Adoption of Initial Assessment Resolution (IAR) is scheduled for June 20, 2012 BOCC meeting in Marathon with June 5, 2012 agenda deadline. Adoption of the IAR triggers mailing of the First Class Notices which advise owners of the Equivalent Dwelling Unit (EDU) allocation and system development fee amount. The First Class Notices direct property owners ATTACHMENT B/GSG Second Amendment Scenario A Payment Schedule Page 1 of 5 to submit appeals forms to FKAA if the EDU allocation requires review for accuracy. Adoption of the Final Assessment Resolution is scheduled for July 18, 2012 BOCC meeting in Key West with July 3, 2012 agenda deadline. Advertisement of the July 18, 2012 hearing is scheduled to begin on June 25, 2012. Target date: May 27, 2012 [25% of fixed fee: $10,500] • Milestone 3 - Delivery of prepayment list to Monroe County and mailing of prepayment notices. Target Date: July 23, 2012 [25% of fixed fee: $10,500] • Milestone 4—Certification and delivery of Cudjoe Regional Central final Non-Ad Valorem Assessment Tax Roll to Monroe County Tax Collector in compatible format. Upload certified roll into prepayment database. Target Date: September 10, 2012 [25% of fixed fee: $10,500] Task 6: Annual services to certify Stock Island, Big Coppitt, and Duck Key Non-ad Valorem Special Assessment Tax Rolls and update online database for 2012 tax year and annual services to additionally certify the Cudjoe Regional Inner and Outer Island, as well as Supplemental Big Coppitt and Duck Key Non-ad Valorem Special Assessment Tax Rolls for 2013 tax year. The fixed fee for annual certification and maintenance of the Stock Island, Big Coppitt, and Duck Key Non-ad Valorem Special Assessment Tax Rolls and online database established in the April 15, 2009 GSG Agreement is $23,500 per year. Monroe County will continue to make payments in FY2012 according the following schedule established in the GSG First Amendment: ATTACHMENT B/GSG Second Amendment Scenario A Payment Schedule Page 2 of 5 January2O12 25Y6of fixed fee ($5.875) April 2O12 25% of fixed fee ($5.875) Ju|y2O12 25Y6of fixed fee ($5.875) September2O12 25% of fixed fee ($5.875) Following adoption of the Final Assessment Resolution and certified delivery of the Cudioe Regional Central and Supplemental Big Copph± and Duck Key final Non-Ad Valorem Assessment Tax Rolls in 2012, annual services will also be required for the Cudjoe Regional Central Inner and Outer Islands and Supplemental Big Coppitt and Duck Key Assessment Programs. The fixed fee for annual certification and maintenance of the Stock Island, Big Coppitt, Duck Key, and Cudjoe Regional Central Inner and Outer Island Non-ad Valorem Special Assessment Tax Rolls and online database is $40.000 per year. The supplemental Big Coppitt and Duck Key tax roll will be delivered annually to the tax collector as e separate tax roll. Although the parcels are located in the Big Coppittend Duck Key service Areas, the tasks associated with certification of the tax roll including creating the tax roll based on the prior year roll, removing prepayments updated in the online database, allocating E[)Us for split or joined parcels, and ce rtificehon/de livery of the tax roll have tobe replicated. The additional fixed fee for the annual certification and maintenance of the Supplemental Big Coppitt and Duck Key Special Assessment Tax Rolls and online database established is $75O per year for e total fixed fee of$40.75O for the Stock Island, Big Coppitt and Duck Key, Supplemental Big Coppitt and Duck Key, and CuchoeRegional Central Inner and Outer Island Programs. Once GSG certifies delivery of the Cudjoe Regional Central Inner and Outer Islands final Non-ad Valorem Assessment Tax Roll and the Supplemental Big Coppitt and Duck Key Tex Flo|| to the Tax Co||ector, Monroe County will make payments for the additional annual services inFY2O13 according to the following schedule: ATTACHMENT B/GSG Second Amendment Scenario A Payment Schedule Page 3of5 January 2013 25% of fixed fee ($10,187.50) April 2013 25% of fixed fee ($10,187.50) July 2013 25% of fixed fee ($10,187.50) September 2013 25% of fixed fee ($10,187.50) The option to extend the annual services for an additional five year period is reserved. An amendment should be adopted prior to April 2013 to establish responsibility for annual services and database maintenance in 2014 through 2018. The Stock Island Assessment Program began in 2004 and had 5, 10, and 20 year terms. The Stock Island Program has final years of collection in 2008, 2013, and 2023. The Big Coppitt and Duck Key Program began in 2007 and had a 20 year term with the final collection year in 2026. The Cudjoe Regional Central and Supplemental Big Coppitt and Duck Key Program if started in 2012 with a 20 year term will have a final year collection in 2031. Task 7: Development and implementation of the non-ad valorem special assessment program for the Supplemental Big Coppitt and Duck Key Program on the 2012 tax bill. Monroe County provided data by parcel id for the Big Coppitt/Duck Key Service Areas and permits issued between October 1, 2006 through July 26, 2011 for Big Coppitt, Shark Key and Duck Key to GSG. The list of permits likely to require wastewater service, titled Engineering "WASTE" Review Stop Permit Types was also provided. The fixed fee to develop and certify the supplemental Big Coppitt and Duck Key Non-ad Valorem Special Assessment Tax Rolls is $3,000. Monroe County will make partial payments equaling 50% of the fixed fee of$3,000 to GSG upon completion of the following milestones: ATTACHMENT B/GSG Second Amendment Scenario A Payment Schedule Page 4 of 5 w Milestone Delivery of Supplemental Big Copp#±and Duck Key preliminary Non-Ad Valorem Assessment Tax Roll to Monroe County for possible inclusion on Initial Assessment Resolution. Adoption of Initial Assessment Resolution (IAR) is scheduled for June 20, 2012 BOCC meeting in Marathon with June 5, 2012 agenda deadline. Adoption of the IAR triggers mailing of the First Class Notices which advise owners of the Equivalent Dwelling Unit (EDU)allocation and system development fee amount. The First Class Notices direct property owners to submit appeals forms to FKA\ if the EOU allocation naquinaa review for accuracy. Adoption of the Final Assessment Resolution is scheduled for July 18, 2O12B[)CC meeting in Key West with July 3. 2O12 agenda deadline. Advertisement of the July 18. 2O12 hearing ia scheduled to begin onJune 25, 2012. Target date: May 27, 2012 [5Of6of fixed fee: $1.500] � Milestone 2 - Certification and delivery of Supplemental Big Coppitt and Duck Key final Non-Ad Valorem Assessment Tax Roll to Monroe County Tax Collector in compatible format. Upload certified roll into prepayment database. Target Date: September Y[\ 2012 [5O% of fixed fee: $1.500] ATTACHMENT B/GSG Second Amendment Scenario A Payment Schedule Page 5of5 Attachment B/GSG Second Amendment Scenario B Payment Schedule GSG Second Amendment Payment Schedule Scenario B Tasks 1-5: Development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Central Inner Island Service Area on the 2012 tax bill. Cudjoe Regional Central Inner Island Program The fixed fee to develop and implement the Cudjoe Regional Central Inner Islands Assessment Program with the current parcels and EDU allocations based on PC Code changes and the most recent 3 year water consumption data is $36,000. Certification of the Cudjoe Central Non-ad Valorem Special Assessment tax roll is required by September 15, 2012 for collection of the system development fees (SDFs)to begin on the 2012 tax bill. Monroe County will make partial payments equaling 25% of the $36,000 fixed fee of $9,000 to GSG upon completion of the following milestones: • Milestone 1: Delivery of Cudjoe Regional Inner Islands Draft Non-Ad Valorem Assessment Tax Roll to Monroe County for field verification. Target date: May 7, 2012 [25% of fixed fee: $9,000] • Milestone 2 - Delivery of Cudjoe Regional Central Inner Islands preliminary Non- Ad Valorem Assessment Tax Roll to Monroe County for possible inclusion on Initial Assessment Resolution. Adoption of Initial Assessment Resolution (IAR) is scheduled for June 20, 2012 BOCC meeting in Marathon with June 5, 2012 agenda deadline. Adoption of the IAR triggers mailing of the First Class Notices which advise owners of the Equivalent Dwelling Unit(EDU)allocation and system development fee amount. The First Class Notices direct property owners to submit appeals forms to FKAA if the EDU allocation requires review for ATTACHMENT B/GSG Second Amendment Scenario B Payment Schedule Page 1 of 5 accuracy. Adoption of the Final Assessment Resolution is scheduled for July 18, 2012 BOCC meeting in Key West with July 3, 2012 agenda deadline. Advertisement of the July 18, 2012 hearing is scheduled to begin on June 25, 2012. Target date: May 27, 2012 [25% of fixed fee: $9,000] • Milestone 3 - Delivery of prepayment list to Monroe County and mailing of prepayment notices. Target Date:July 23, 2012 [25% of fixed fee: $9,000] • Milestone 4—Certification and delivery of Cudjoe Regional Central Inner Island final Non-Ad Valorem Assessment Tax Roll to Monroe County Tax Collector in compatible format. Upload certified roll into prepayment database. Target Date: September 10, 2012 [25% of fixed fee: $9,000] Task 6: Annual services to certify Stock Island, Big Coppitt, and Duck Key Non-ad Valorem Special Assessment Tax Rolls for 2012 tax year and annual services to additionally certify the Cudjoe Regional Inner Island and Supplemental Big Coppitt and Duck Key Non-ad Valorem Special Assessment Tax Rolls for 2013 tax year. The fixed fee for annual certification and maintenance of the Stock Island, Big Coppitt, and Duck Key Non-ad Valorem Special Assessment Tax Rolls and online database established in the April 15, 2009 GSG Agreement is $23,500 per year. Monroe County will continue to make payments in FY2012 according the following schedule established in the GSG First Amendment: January 2012 25% of fixed fee ($5,875) April 2012 25% of fixed fee ($5,875) July 2012 25% of fixed fee ($5,875) September 2012 25% of fixed fee ($5,875) ATTACHMENT B/GSG Second Amendment Scenario B Payment Schedule Page 2 of 5 Following adoption of the Final Assessment Resolution and certified delivery of the Cudjoe Regional Central Inner Islands and Supplemental Big Coppitt and Duck Key final Non-Ad Valorem Assessment Tax Rolls in 2012, annual services will also be required for the Cudjoe Regional Central Inner Islands and Supplemental Big Coppitt and Duck Key Assessment Programs. The fixed fee for annual certification and maintenance of the Stock Island, Big Coppitt, Duck Key, and Cudjoe Regional Central Inner Islands Non-ad Valorem Special Assessment Tax Rolls and online database is $29,750 per year. The supplemental Big Coppitt and Duck Key tax roll will be delivered annually to the tax collector aea separate tax roll. Although the parcels are located in the Big Coppittand Duck Key service Areas, the tasks associated with certification of the tax roll including creating the tax roll based on the prior year roll, removing prepayments updated in the online database, allocating EDUa for split or joined parce|a, and cedification/de livery of the tax roll have to be replicated. The additional fixed fee for the annual certification and maintenance of the Supplemental Big Coppitt and Duck Key Special Assessment Tax Rolls and online database established is $750 per year for a total fixed fee of$30,500 for the Stock Island, Big Coppitt and Duck Key, Supplemental Big Coppitt and Duck Key, and CudioeRegional Central Inner Island Programs. Once GSG certifies delivery of the Cudjoe Regional Central Inner Islands final Non-ad Valorem Assessment Tax Roll and the Supplemental Big Coppitt and Duck Key Tax Roll to the Tax Collector, Monroe County will make payments for the additional annual services |nFY2O13 according to the following schedule: January2O13 25% of fixed fee ($7.825) Apri| 2O13 25% of fixed fee ($7.825) Ju|y2O13 25% of fixed fee ($7.625) 8eptennber2O13 25% of fixed fee ($7.825) ATTACHMENT B/OS8 Second Amendment Scenario B Payment Schedule Page 3of5 The option to extend the annual services for an additional five year period is reserved. An amendment should be adopted prior to April 2013 to establish responsibility for annual services and database maintenance in 2014 through 2018. The Stock Island Assessment Program began in 2004 and had 5, 10, and 20 year terms. The Stock Island Program has final years of collection in 2008, 2013, and 2023. The Big Coppitt and Duck Key Program began in 2007 and had a 20 year term with the final collection year in 2026. The Cudjoe Regional Central and Supplemental Big Coppitt and Duck Key Program if started in 2012 with a 20 year term will have a final year collection in 2031. Task 7: Development and implementation of the non-ad valorem special assessment program for the Supplemental Big Coppitt and Duck Key Program on the 2012 tax bill. Monroe County provided data by parcel id for the Big Coppitt/Duck Key Service Areas and permits issued between October 1, 2006 through July 26, 2011 for Big Coppitt, Shark Key and Duck Key to GSG. The list of permits likely to require wastewater service, titled Engineering "WASTE" Review Stop Permit Types was also provided. The fixed fee to develop and certify the supplemental Big Coppitt and Duck Key Non-ad Valorem Special Assessment Tax Rolls is $3,000. Monroe County will make partial payments equaling 50% of the fixed fee of$3,000 to GSG upon completion of the following milestones: • Milestone 1 - Delivery of Supplemental Big Coppitt and Duck Key preliminary Non-Ad Valorem Assessment Tax Roll to Monroe County for possible inclusion on Initial Assessment Resolution. Adoption of Initial Assessment Resolution (IAR) is scheduled for June 20, 2012 BOCC meeting in Marathon with June 5, 2012 agenda deadline. Adoption of the IAR triggers mailing of the First Class Notices which advise owners of the Equivalent Dwelling Unit(EDU)allocation and system development fee amount. The First Class Notices direct property ATTACHMENT B/GSG Second Amendment Scenario B Payment Schedule Page 4 of 5 owners to submit appeals forms to FKAA if the EDU allocation requires review for accuracy. Adoption of the Final Assessment Resolution is scheduled for July 18, 2012 BOCC meeting in Key West with July 3, 2012 agenda deadline. Advertisement of the July 18, 2012 hearing is scheduled to begin on June 25, 2012. Target date: May 27, 2012 [50%of fixed fee: $1,500] • Milestone 2 -Certification and delivery of Supplemental Big Coppitt and Duck Key final Non-Ad Valorem Assessment Tax Roll to Monroe County Tax Collector in compatible format. Upload certified roll into prepayment database. Target Date: September 10, 2012 [50% of fixed fee: $1,500] ATTACHMENT B/GSG Second Amendment Scenario B Payment Schedule Page 5 of 5 Attachment B/GSG Second Amendment Scenario C Payment Schedule GSG Second Amendment Payment Schedule Scenario C Tasks 1-5: Development and implementation of the non-ad valorem special assessment program for the Cudjoe Regional Central Inner Islands Service Area on the 2012 tax bill and Outer Islands on the 2013 tax bill. Cudjoe Regional Central Inner Islands Program The fixed fee to develop and implement the Cudjoe Regional Central Inner Islands Assessment Program with the current parcels and EDU allocations based on PC Code changes and the most recent 3 year water consumption data is $36,000. Certification of the Cudjoe Central Non-ad Valorem Special Assessment tax roll is required by September 15, 2012 for collection of the system development fees (SDFs)to begin on the 2012 tax bill. Monroe County will make partial payments equaling 25% of the $36,000 fixed fee of $9,000 to GSG upon completion of the following milestones: • Milestone 1: Delivery of Cudjoe Regional Inner Islands Draft Non-Ad Valorem Assessment Tax Roll to Monroe County for field verification. Target date: May 7, 2012 [25% of fixed fee: $9,000] • Milestone 2 - Delivery of Cudjoe Regional Central Inner Island preliminary Non- Ad Valorem Assessment Tax Roll to Monroe County for possible inclusion on Initial Assessment Resolution. Adoption of Initial Assessment Resolution (IAR) is scheduled for June 20, 2012 BOCC meeting in Marathon with June 5, 2012 agenda deadline. Adoption of the IAR triggers mailing of the First Class Notices which advise owners of the Equivalent Dwelling Unit (EDU) allocation and system development fee amount. The First Class Notices direct property owners to submit appeals forms to FKAA if the EDU allocation requires review for ATTACHMENT C/GSG Second Amendment Scenario C Payment Schedule Page 1 of 6 accuracy. Adoption of the Final Assessment Resolution is scheduled for July 18, 2012 BOCC meeting in Key West with July 3, 2012 agenda deadline. Advertisement of the July 18, 2012 hearing is scheduled to begin on June 25, 2012. Target date: May 27, 2012 [25% of fixed fee: $9,000] • Milestone 3 - Delivery of prepayment list to Monroe County and mailing of prepayment notices. Target Date: July 23, 2012 [25% of fixed fee: $9,000] • Milestone 4—Certification and delivery of Cudjoe Regional Central Inner Islands final Non-Ad Valorem Assessment Tax Roll to Monroe County Tax Collector in compatible format. Upload certified roll into prepayment database. Target Date: September 10, 2012 [25% of fixed fee: $9,000] Cudjoe Regional Outer Islands Program The fixed fee to develop and implement the Cudjoe Regional Outer Island Assessment Program with the current parcels and EDU allocations based on PC Code changes and the most recent 3 year water consumption data is $18,000. Certification of the Cudjoe Central Non-ad Valorem Special Assessment tax roll is required by September 15, 2013 for collection of the system development fees (SDFs)to begin on the 2013 tax bill. Monroe County will make partial payments equaling 25% of the $18,000 fixed fee of $4,500 to GSG upon completion of the following milestones: ATTACHMENT C/GSG Second Amendment Scenario C Payment Schedule Page 2 of 6 • Milestone 1: Delivery of Cudjoe Regional Central Outer Island Draft Non-Ad Valorem Assessment Tax Roll to Monroe County for field verification. Target date: May 7, 2012 [25%of fixed fee: $4,500] • Milestone 2 - Delivery of Cudjoe Regional Central Outer Island Central preliminary Non-Ad Valorem Assessment Tax Roll to Monroe County for possible inclusion on Initial Assessment Resolution. Adoption of Initial Assessment Resolution (IAR) is scheduled for December 12, 2012 BOCC meeting in Marathon with November 27, 2012 agenda deadline. Adoption of the IAR triggers mailing of the First Class Notices which advise owners of the Equivalent Dwelling Unit (EDU) allocation and system development fee amount. The First Class Notices direct property owners to submit appeals forms to FKAA if the EDU allocation requires review for accuracy. Adoption of the Final Assessment Resolution is scheduled for January 16, 2013 BOCC meeting in Key West with January 1, 2013 agenda deadline. Advertisement of the January 16, 2012 hearing is scheduled to begin on December 24, 2012. Target date: November 13, 2012 [25%of fixed fee: $4,500] • Milestone 3 - Delivery of prepayment list to Monroe County and mailing of prepayment notices. Target Date: January 21, 2012 [25%of fixed fee: $4,500] • Milestone 4—Certification and delivery of Cudjoe Regional Central Outer Island final Non-Ad Valorem Assessment Tax Roll to Monroe County Tax Collector in compatible format. Upload certified roll into prepayment database. Target Date: February 14, 2013 [25%of fixed fee: $4,5001 ATTACHMENT C/GSG Second Amendment Scenario C Payment Schedule Page 3 of 6 Task 6: Annual services to certify Stock Island, Big Coppitt, and Duck Key Non-ad Valorem Special Assessment Tax Rolls for 2012 tax year and annual services to additionally certify the Cudjoe Regional Inner and Outer Island, as well as Supplemental Big Coppitt and Duck Key Non-ad Valorem Special Assessment Tax Rolls for 2013 tax year. The fixed fee for annual certification and maintenance of the Stock Island, Big Coppitt, and Duck Key Non-ad Valorem Special Assessment Tax Rolls and online database established in the April 15, 2009 GSG Agreement is $23,500 per year. Monroe County will continue to make payments in FY2012 according the following schedule established in the GSG First Amendment: January 2012 25% of fixed fee ($5,875) April 2012 25% of fixed fee ($5,875) July 2012 25% of fixed fee ($5,875) September 2012 25% of fixed fee ($5,875) Following adoption of the Final Assessment Resolution and certified delivery of the Cudjoe Regional Central Inner Islands and Supplemental Big Coppitt and Duck Key final Non-Ad Valorem Assessment Tax Rolls in 2012, annual services will also be required for the Cudjoe Regional Central Inner Islands and Supplemental Big Coppitt and Duck Key Assessment Programs. The fixed fee for annual certification and maintenance of the Stock Island, Big Coppitt, Duck Key, and Cudjoe Regional Central Inner Islands Non-ad Valorem Special Assessment Tax Rolls and online database is $29,750 per year. The supplemental Big Coppitt and Duck Key tax roll will be delivered annually to the tax collector as a separate tax roll. Although the parcels are located in the Big Coppitt and Duck Key service Areas, the tasks associated with certification of the tax roll including creating the tax roll based on the prior year roll, removing prepayments updated in the online database, allocating EDUs for split or joined parcels, and certification/delivery of the tax roll have to be replicated. ATTACHMENT C/GSG Second Amendment Scenario C Payment Schedule Page 4 of 6 The additional fixed fee for the annual certification and maintenance of the Supplemental Big Coppitt and Duck Key Special Assessment Tax Rolls and online database established is $750 per year for a total fixed fee of$30,500 for the Stock Island, Big Coppitt and Duck Key, Supplemental Big Coppitt and Duck Key, and Cudjoe Regional Central Inner Island Programs. Once GSG certifies delivery of the Cudjoe Regional Central Inner Islands final Non-ad Valorem Assessment Tax Roll and the Supplemental Big Coppitt and Duck Key Tax Roll to the Tax Collector, Monroe County will make payments for the additional annual services in FY 2013 according to the following schedule: January 2013 25% of fixed fee ($7,625) April 2013 25% of fixed fee ($7,625) July 2013 25% of fixed fee ($7,625) September 2013 25% of fixed fee ($7,625) The option to extend the annual services for an additional five year period is reserved. An amendment should be adopted prior to April 2013 to establish responsibility for annual services and database maintenance in 2014 through 2018. The fixed fee for annual service and database management following implementation of the Cudjoe Regional Outer Island Program is $42,250. The Stock Island Assessment Program began in 2004 and had 5, 10, and 20 year terms. The Stock Island Program has final years of collection in 2008, 2013, and 2023. The Big Coppitt and Duck Key Program began in 2007 and had a 20 year term with the final collection year in 2026. The Cudjoe Regional Central and Supplemental Big Coppitt and Duck Key Program if started in 2012 with a 20 year term will have a final year collection in 2031. Task 7: Development and implementation of the non-ad valorem special assessment program for the Supplemental Big Coppitt and Duck Key Program on the 2012 tax bill. ATTACHMENT C/GSG Second Amendment Scenario C Payment Schedule Page 5 of 6 Monroe County provided data by parcel id for the Big Coppitt/Duck Key Service Areas and permits issued between October 1, 2OU6 through July 26. 2O11 for Big Coppitt. Shark Key and Duck Key to G8G. The list of permits likely to require wastewater service, titled Engineering "WASTE" Review Stop Permit Types was also provided. The fixed fee to develop and certify the supplemental Big Coppitt and Duck Key Non-ad Valorem Special Assessment Tax Rolls ia $3.00O. Monroe County will make partial payments equaling 5O% ofthe fixed fee of$3.00Oto G8G upon completion of the following milestones: • Milestone 1 - Delivery ofSupplemental Big Coppitt and Duck Key preliminary Non-Ad Valorem Assessment Tax Roll to Monroe County for possible inclusion on Initial Assessment Resolution. Adoption of Initial Assessment Resolution (|AR) ia scheduled for June 2U, 2O12BCJCC meeting in Marathon with June 5. 2012 agenda deadline. Adoption of the IAR triggers mailing of the First Class Notices which advise owners of the Equivalent Dwelling Unit (EDU)allocation and system development fee amount. The First Class Notices direct property owners to submit appeals forms to FK/V\ if the EDU allocation requires review for accuracy. Adoption of the Final Assessment Resolution is scheduled for July 18, 2U12BCJCC meeting in Key West with July 3, 2O12 agenda deadline. Advertisement of the July 18, 2012 hearing is scheduled to begin on June 25, 2012. Target date: May 27, 2012 [50% of fixed fee: $1.500] w Milestone 2 -Certification and delivery of Supplemental Big Coppitt and Duck Key final Non-Ad Valorem Assessment Tax Roll toMonroe County Tax Collector in compatible format. Upload certified roll into prepayment database. Target Date: September /[\ 20/2 [5O% of fixed fee: $1.500] ATTACHMENT C/GSG Second Amendment Scenario C Payment Schedule Page GofG Attachment B/GSG Second Amendment Scenario D Payment Schedule GSG Second Amendment Payment Schedule Scenario D Task 6: Annual services to certify Stock Island, Big Coppitt, and Duck Key Non-ad Valorem Special Assessment Tax Rolls for 2012 tax year and annual services to additionally certify the Supplemental Big Coppitt and Duck Key Non-ad Valorem Special Assessment Tax Rolls for 2013 tax year. The fixed fee for annual certification and maintenance of the Stock Island, Big Coppitt, and Duck Key Non-ad Valorem Special Assessment Tax Rolls and online database established in the April 15, 2009 GSG Agreement is $23,500 per year. Monroe County will continue to make payments in FY2012 according the following schedule established in the GSG First Amendment: January 2012 25% of fixed fee ($5,875) April 2012 25% of fixed fee ($5,875) July 2012 25% of fixed fee ($5,875) September 2012 25% of fixed fee ($5,875) The supplemental Big Coppitt and Duck Key tax roll will be delivered annually to the tax collector as a separate tax roll. Although the parcels are located in the Big Coppitt and Duck Key service Areas, the tasks associated with certification of the tax roll including creating the tax roll based on the prior year roll, removing prepayments updated in the online database, allocating EDUs for split or joined parcels, and certification/delivery of the tax roll have to be replicated. The additional fixed fee for the annual certification and maintenance of the Supplemental Big Coppitt and Duck Key Special Assessment Tax Rolls and online database established is $750 per year for a total fixed fee of$24,250 for the Stock Island, Big Coppitt and Duck Key, Supplemental Big Coppitt and Duck Key, and Cudjoe Regional Central Inner Island Programs. ATTACHMENT B/GSG Second Amendment Scenario D Payment Schedule Page 1 of 3 Once GSG certifies delivery of the Cudjoe Regional Central Inner Islands final Non-ad Valorem Assessment Tax Roll and the Supplemental Big Coppitt and Duck Key Tax Roll to the Tax Collector, Monroe County will make payments for the additional annual services in FY 2013 according to the following schedule: January 2013 25% of fixed fee ($6,062.50) April 2013 25% of fixed fee ($6,062.50) July 2013 25% of fixed fee ($6,062.50) September 2013 25% of fixed fee ($6,062.50) The option to extend the annual services for an additional five year period is reserved. An amendment should be adopted prior to April 2013 to establish responsibility for annual services and database maintenance in 2014 through 2018. The Stock Island Assessment Program began in 2004 and had 5, 10, and 20 year terms. The Stock Island Program has final years of collection in 2008, 2013, and 2023. The Big Coppitt and Duck Key Program began in 2007 and had a 20 year term with the final collection year in 2026. The Cudjoe Regional Central and Supplemental Big Coppitt and Duck Key Program if started in 2012 with a 20 year term will have a final year collection in 2031. Task 7: Development and implementation of the non-ad valorem special assessment program for the Supplemental Big Coppitt and Duck Key Program on the 2012 tax bill. Monroe County provided data by parcel id for the Big Coppitt/Duck Key Service Areas and permits issued between October 1, 2006 through July 26, 2011 for Big Coppitt, Shark Key and Duck Key to GSG. The list of permits likely to require wastewater service, titled Engineering "WASTE" Review Stop Permit Types was also provided. The fixed fee to develop and certify the supplemental Big Coppitt and Duck Key Non-ad Valorem Special Assessment Tax Rolls is $3,000. ATTACHMENT B/GSG Second Amendment Scenario D Payment Schedule Page 2 of 3 Monroe County will make partial payments equaling 50% of the fixed fee of$3,000 to GSG upon completion of the following milestones: • Milestone 1 - Delivery of Supplemental Big Coppitt and Duck Key preliminary Non-Ad Valorem Assessment Tax Roll to Monroe County for possible inclusion on Initial Assessment Resolution. Adoption of Initial Assessment Resolution (IAR) is scheduled for June 20, 2012 BOCC meeting in Marathon with June 5, 2012 agenda deadline. Adoption of the IAR triggers mailing of the First Class Notices which advise owners of the Equivalent Dwelling Unit(EDU)allocation and system development fee amount. The First Class Notices direct property owners to submit appeals forms to FKAA if the EDU allocation requires review for accuracy. Adoption of the Final Assessment Resolution is scheduled for July 18, 2012 BOCC meeting in Key West with July 3, 2012 agenda deadline. Advertisement of the July 18, 2012 hearing is scheduled to begin on June 25, 2012. Target date:May 27, 2012 [50% of fixed fee: $1,500] • Milestone 2 -Certification and delivery of Supplemental Big Coppitt and Duck Key final Non-Ad Valorem Assessment Tax Roll to Monroe County Tax Collector in compatible format. Upload certified roll into prepayment database. Target Date: September 10, 2012 [50% of fixed fee: $1,5001 ATTACHMENT B/GSG Second Amendment Scenario D Payment Schedule Page 3 of 3