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Item E20 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 19,2008 Division: Public Works Bulk Item: Yes X No - Department: Solid Waste Management Staff Contact: Rosa W ashington/2 92-44 3 2 AGENDA ITEM WORDING: Approval of an Amendment to the Agreement for Consulting Services with Government Services Group, Inc., to continue providing Online Assessment Data Management Service, and updates to the annual Solid Waste Assessment roll. ITEM BACKGROUND: Since 2003 the Government Services Group, Inc. (GSG), has assisted the Monroe County Solid Waste Department with the creation of the annual Solid Waste Assessment roll and website. GSG's creation and hosting of said website has made the data accessible to staff online, and the timely updates to the roll have made the billing process efficient and accurate. PREVIOUS RELEVANT BOCC ACTION: Approval to accept Government Services Group, Inc.'s proposals on 5/21/03, 11/16/05 and 9/20106. CONTRACT/AGREEMENT CHANGES: Article VII of the contract has been amended to update the lump sum fees and payments to Government Services Group, Inc., for upcoming fiscal years at the current rate of $30,000 per fiscal year, and Appendix B has been amended to reflect an increase in mailing and production costs of 1 st Class notices from $1.25 to $1.28 per assessable parcel. STAFF RECOMMENDATIONS: Approval TOTAL COST: $30,000 per fiscal year BUDGETED: Yes X No - (Approx. $36,000 for 1 st Class notices) COST TO COUNTY: - SAME - SOURCE OF FUNDS: Account 40000-530310 REVENUE PRODUCING: Yes X No - AMOUNT PER YEAR; $9,000,000.00 (approximately) APPROVED BY: County Atty. _ OMB/Purchasing _ Risk Management _ DOCUMENTA TION: Included - Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Govemment Services Group, Inc, Contract # Effective Date: 10/112008 Expiration Date: 913012011 Contract PurpoSelOescMption: Amendment to Agreement with Government Services Group, Inc.. to provide the Monroe County Solid Waste Department with updated annual Solid Assessment roll and website, which makes the data accessible to staff online. Contract Manager. Rosa Washington 4432 Public Works - #1 (Name) (Ext) (Department/Stop #) for soce meeting on November 19, 2008 Aaenda Deadline: November 4, 2008 CONTRACT COSTS Total Dollar Value of Contract: $ 90,000 Current Year Portion: $ 30,000 Budgeted? Yes[8] No 0 Account Codes: 414-40000-530310 Grant $ -0- County Match: $ -0- ADDITIONAL COSTS Estimated Ongoing Costs: $ nla Iyr. For: (Not included in dollar value above) (e.g., maintenance, utilities. janitorial, salaries, etc.) CONTRACT REVIEW Date Out Comments: OMB Fonn Revised 2/27/01 MCP #2 - AMENDMENT TO AGREEMENT (Consulting Services for Monroe County Solid Waste Assessment Support) This Amendment to Agreement is made and entered into this 19th day of November, 2008 between MONROE COUNTY, a political subdivision of the State of Florida, hereafter "COUNTY," and GOVERNMENT SERVICES GROUP, INC., a corporation of the State of Florida, hereafter "CONSULTANT' in order to amend the agreement between the parties dated September 20,2006 (a copy of which is incorporated hereto by reference). as follows: 1. Section 7.1 of Article VII COMPENSATION, is hereby amended to read as follows: "7.1 CONTRACT SUM The COUNTY shall pay to the CONSULTANT in current funds for the CONSULTANT'S perfonnance of this Agreement the sum of $30,000 per fiscal year for fiscal years 2009, 2010 and 2011, to be paid in quarterly payment of $7,500, in accordance with Section 7.2." 2. Section 7.2 of Article VII COMPENSATION is hereby amended to read as follows: "7.2 PAYMENTS $7,500.00 January 2009 $7,500.00 March 2009 $7,500.00 April,2009 $7,500.00 September, 2009 $7,500.00 January 2010 $7,500.00 March 2010 $7,500.00 April, 2010 $7,500.00 September, 2010 $7,500.00 January 201] $7,500.00 March 2011 $7,500.00 April, 2011 $7,500.00 September, 201]" 3. The fees and costs section of Appendix B is hereby amended to read as follows: "FEES AND COSTS For the services provided by the CONSULTANT, the lump sum fee for professional services for the proposed scope of services is $30,000 per fiscal year for fiscal years 2009. 20] 0 and 20] 1. The lump sum fees are due and payable on a quarterly basis, as follows: Payment Schedule 25% oflump sum fee January, 2009.2010 and 2011 25% of lump sum fee March, 2009, 2010 and 2011 25% of lump sum fee June, 2009, 2010 and 2011 25% oflump sum fee September, 2009, 2010 and 2011 The lump sum fee does not include the costs of producing and mailing the statutorily required first class notices for residential rate increases. These costs depend on the number of assessable parcels of property within the County. However, mailing and production costs are $1.28 per parcel, due and payable at the time of the adoption of the preliminary ~sessment resolution. For non-domestic notices, mailing charges will include the actual amount of postage beyond the domestic rate and if U.S. postage rates increase subsequent to the execution of this agreement, the increase in rate will be added to the cost per parcel. Th~ lump sum fee for professional services does not include anyon-site visits by representatives of CONSULTANT. On-site meetings (togetlwr with any actual costs associated therewith) may be arranged at our standard hourly rates. Proje(:t statu.., meetings may be arranged through scheduled telephone conferences in lieu of on-site visits." 4. In all other respects, the original agreement between the parties dated September 20, 2006, remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written abow. (Seal) BOARD OF COUNTY COMMISIONERS Ane~t: DANNY I.. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/ChainTlan GOVERNMENT SERVICES GROUP, lNC. Witness By: Witness President or person with Authority 10 sign Title; . . AGREEMENT FOR CONSULTING SERVICES for Monroe County Solid Waste Assessment Support This Agreement ("Agreement") made and entered into this ~day of ~~~, 200~ by and between Monroe County, a political subdivision of the /State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND Government Services Group, Inc., a corporation of the State of Florida, whose address is 1500 Mahan Dr, Ste 250, Tallahassee, FL 32308 its successors and assigns, hereinafter referred to as "CONSULTANT", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONSUL T ANT for Solid Waste Assessment Program data support; and WHEREAS, CONSUL T ANT has agreed to provide professional services which shall include, but not be limited to, assessment roll maintenance and submission to Tax Collector, TRIM notice generation and submission to Tax Collector, implementation of Online Assessment Data Management Service and roll certification, which shall be called 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 CONSUL T ANT agree as follows: ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSUL T ANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT is professionally qualified to act as the CONSUL T ANT for the Project and is licensed to provide the designated services by all public entities having jurisdiction over the CONSULTANT and the Project. 1.1.2 The CONSUL T ANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSUL T ANT for the Project until the CONSUL T ANT'S duties hereunder have been fully satisfied. 1.1.3 The CONSULTANT has become familiar with the Project sites and the local conditions under which the Work is to be completed. 1.1.4 The CONSULTANT shall prepare all documents required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in the subsequent implementation phases and shall be in conformity and comply with all applicable law, codes and regulations. The CONSUL T ANT warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional cost due to missing or incorrect information. 1.1.5 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his perlormance and those directly under his employ. 1.1.6 The CONSULTANT'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The CONSULTANT shall submit, for the COUNTY's and its representative's information, a schedule for the perlormance of the CONSUL T ANT'S services which may be adjusted as the Project proceeds if approved by the COUNTY, and shall include allowances for periods of time required for the COUNTY's review, and for approval of submission by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the COUNTY may not be exceeded by the CONSUL T ANT except for delay caused by events not within the control of the CONSULTANT or foreseeable by him. I n the event the CONSULTANT does not conform to the schedule, then the CONSUL T ANT may be assessed a charge up to one percent (1 %) of the fee per week until the work product is produced in an acceptable manner. The COUNTY shall assess the charge only after it is determined that the work delay is solely the fault of the CONSUL T ANT and his subconsultants and is not the fault of the COUNTY or other parties not under the control of the CONSUL T ANT. 1.1.7 CONSUL T ANT is an independent contractor under this Agreement. Services provided by CONSULTANT shall be subject to the supervision of CONSULTANT. In providing the services, CONSULTANT and its agents shall not be acting and shall not be deemed as acting as officers, employees, or agents of the COUNTY, nor shall they accrue any of the rights or benefits of a COUNTY employee. ARTICLE II SCOPE OF CONSUL T ANTIS BASIC SERVICE 2.1 DEFINITION CONSUL T ANT'S Basic Services consist of those described in Paragraphs 2.2 and 2.3, and other services identified as part of Basic Services, and include normal consulting services to certify the annual Solid Waste assessment roll and complete the Project. The CONSULTANT shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed must contain a description of the services to be petformed, and the time within which services must be petformed. 2.2 BASIC SERVICES INCLUDED A. Implementation and hosting of Online Assessment Data Management Service . Current and historic Assessment data will be made available to County Staff for reference and modification via the Internet, hosted by CONSULTANT B. Preparation of Annual Assessment Roll C. Determination of needed fieldwork D. Creation of electronic export of TRIM notice information to Property Appraiser E. Certification and export of annual assessment roll to Tax Collector 2.3 OTHER 2.4 SCHEDULE Project schedule is as follows: After Authorization Event Date Implementation of Online Assessment Data June 1, 2006, then available throughout Management Service contract period GSG obtains updated tax roll information from June 15 annually County GSG provides field work to County for verification June 26 annually County provides field work information to GSG to July 14 annually update roll GSG prepares preliminary assessment roll for July 21 annually entire County and the City of Marathon GSG provides preliminary assessment roll to July 24 or as required annually Monroe County Property Appraiser (TRIM) Test export of Non-Ad Valorem Assessment Roll to September 6 annually Tax Collector GSG certifies Non-Ad Valorem Assessment Roll to By September 15 annually Tax Collector on behalf of the County Note: Activities listed above may occur concurrently. 2.5 COMPLETION DATE This agreement is retro-active to October 1, 200S, and will remain in effect until canceled by either party as stated in section 9.S. The Project must be completed no later than September 1Sth of each year. Time is of the essence in this regard. 2.6 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. 2.7 WRITTEN NOTICE Any notices sent by the parties shall be deemed to have been duly served if delivered in person to the individuals and addresses listed below, or if delivered or sent by first class mail, certified, return receipt, or by courier with proof of delivery. All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. The correspondence shall be directed to: Dent Pierce Public Works Division Director 1100 Simonton Street, Room 2-231 Key West, Florida 33040 Notice to the CONSULTANT shall be delivered to: Mark Brown & Camille Tharpe Government Services Group, Inc. 1S00 Mahan Dr Ste 2S0 Tallahassee, FL 32308 ARTICLE III ADDITONAL SERVICE 3.1 The services described in this Article III are not included in Basic Services. They shall be paid for by the COUNTY as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement, and are as follows: A. Providing services of CONSULTANT for other than the previously listed scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted consulting practice. C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONSUL T ANT. The CONSULTANT shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONSULTANT proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 COUNTY shall provide full information regarding requirements for the Project including objectives, schedule, constraints and criteria. 4.2 COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSUL T ANT'S services. 4.3 Prompt written notice shall be given by COUNTY through its representative to CONSUL T ANT if COUNTY becomes 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 2.7. 4.4 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 CONSUL T ANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. . 4.7 Any information that may be of assistance to the CONSULTANT to which the COUNTY has immediate access will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS The CONSULTANT covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONSULTANT or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONSULTANT, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of Consultant's failure to purchase or maintain the required insurance, CONSUL T ANT 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 CONSULTANT, CONSULTANT agrees and warrants that CONSULTANT shall 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 CONSUL T ANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Mark Brown MgmtJData Analyses/Programming Chance Hendrix Data Analyses/Programming Lisa Daws Data Analyses Camille Tharpe Project Oversight So long as the individuals named above remain actively employed or retained by the CONSULTANT, they shall perform the functions indicated next to their names. If they are replaced CONSUL T ANT shall notify COUNTY of the change immediately. ARTICLE VII COM PENSA TION 7.1 CONTRACT SUM The COUNTY shall pay the CONSULTANT in current funds for the CONSUL T ANT'S performance of this Agreement the sum of $46,500 lump sum fee for 2006, $30,000 lump sum fee for 2007 and $30,000 lump sum fee for 2008, based on a three year contract. 7.2 PAYMENTS $11,625 January 2006 $11,625 March 2006 $11,625 June 2006 $11,625 September 2006 $7,500 January 2007 $7,500 March 2007 $7,500 June 2007 $7,500 September 2007 $7,500 January 2008 $7,500 March 2008 $7,500 June 2008 $7,500 September 2008 7.2.1 Unless otherwise provided for in paragraph 7.1 above, for its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid pursuant to the Florida Prompt Payment Act. (A) If the CONSUL T ANT'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSUL T ANT shall be equitably adjusted, either upward or downward. (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONSULTANT'S invoice shall describe with reasonable particularity . the se rvice rendered. The CONSUL T ANT'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the CONSULTANT in the interest of the project outside of the basic scope of work: a. Expense of transportation submitted by CONSULTANT, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes. b. Reproductions as requested only by the COUNTY (beyond 6 complete reports in electronic and printed format, plus one complete reproducible set if drawings are necessary). 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. Professional Liability Insurance shall also be maintained as specified. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSUL T ANT'S failure to purchase or maintain the required insurance, the CONSUL T ANT 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. B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and/or Operations, Independent Contractors; Broad Form Property Damage and a Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONSULTANT shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to CONSUL T ANT'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSUL T ANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured by Section 12.1.3 including any subsection thereunder. The COUNTY reserves the right to require a certified copy of such policies upon request. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONSUL T ANT for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONSUL T ANT. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign its right hereunder, except its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the COUNTY. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION Either party hereto may terminate this Agreement upon giving seven (7) days written notice to the other in the event that such other party substantially fails to perform its material obligations set forth herein. The COUNTY may terminate this Agreement without cause upon giving seven (7) days written notice to the CONSULTANT. If the COUNTY utilizes this provision, the termination shall supersede any obligation under paragraph 9.15. Termination expenses shall be paid and shall include all expenses until date of termination and any additional services required in order to stop performance of services, subject to audit for verification. 9.6 CONTRACT DOCUMENTS This contract consists of the Agreement (Articles I-IX), the CONSULTANT'S Proposed Scope of Services, Appendix B, documents referred to in the Agreement as a part of this Agreement. In the event of any conflict between any of the contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSUL TANT has been placed on the convicted vendor list. CONSUL T ANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSUL T ANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. 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 County Clerk determines that monies paid to CONSUL T ANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONSUL T ANT 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. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in Monroe County, Florida, in the appropriate court or before the appropriate administrative body. The Parties waive their rights to a trial by jury. . 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 CONSUL T ANT 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. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this 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 15 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. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either. party relating to the formation, execution, pertormance, or breach of this Agreement, COUNTY and CONSUL T ANT 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 use ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 use s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 use ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92~255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd~3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 use s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 use s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. . 9.18 COVENANT OF NO INTEREST CONSUL T ANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSUL T ANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSUL T ANT 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 CONSUL T ANT. 9.22 NON-W AIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, . and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSUL T ANT and the COUNTY agree that neither the CONSU L T ANT 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 CONSUL T ANT 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 CONSUL T ANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or . her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its QyIJ~~9~ized representative on the day and year first above written. . ,. '" '; 2l.j""<:,t ..... ''''\~i:'1 ~" \' '.'~' ,r ,I~,_,'~~~~;_ Ir)~,,;c;;::' \\, ..i. ;..'~j'iE,(t......... !:-f...... {"';~.'i..." . BOARD OF COUNTY ':\""~,"j,;:::-l :,.'",' ::,: COMISSIONERS OF \ ,Yl-:;.,~s\i:D~Nt'I'f L. KOLHAGE, Clerk MONROE COUNTY, FLORIDA "'~:'<~~~~;{i}'" BCh.~ By: ~ Deputy Clerk Mayor/Chairman 1"-0) :I: CJ g ." 0' :Do c:ro r== ~ ;r- 0 rtl n -". c.-> ,'''' 0,""'"' --t ~~ M;':l[:-< '"['1 o. r'- N C) co' .- ;:;0 c:-- ..,;::;).. ~ ::'0 ~, Co' ;" :: 011 CONSULTANT :-(:'-:l~; C5 g ~1 G" .. :;0 ~ ; ,,, ~ b BY: By: ~ M~IL /2..... Jj~ Titl e: V l (...(?" - P /Z.l.:' S ( t.:> r=a:s-r END OF AGREEMENT MONROE COUNTY ATTORNEY APPRO 0 AS TO FORM:, SU N M. GRIMSL ASSISTANT CO:rTY ATTORNEY Date ' - ((j - (.I '" , Appendix 8 ANNUAL MAINTENANCE OF ASSESSMENT PROGRAM & IMPLEMENTATION OF WEB-BASED ASSESSMENT DATA MANAGEMENT SERVICE Scope of Services Task 1: Develop and Implement the Online Assessment Data Management Service Using GSG's familiarity with the County's solid waste assessment program, an online service will be created to provide County staff access to and management of the underlying assessment program data. Users will have the ability to access the service via a standard web-browser over an Internet connection. Detail on this service is included following the Critical Events Schedule in this appendix. Task 2: Prepare Fiscal Year 2006-07 Assessment Roll GSG will obtain information from several sources of data to update solid waste assessment roll for Fiscal Year 2006-07 as follows: . Fiscal Year 2005-06 assessment roll certified to the Monroe County Tax Collector for the unincorporated area and the City of Marathon . Most current working files from the ad valorem tax roll from the Monroe County Property Appraiser . Current list of Monroe County taxing authority codes from the Monroe County Property Appraiser GSG will use these files to perform the following tasks: . Import the ad valorem tax roll to develop a preliminary electronic database of properties that fall within the assessment area, based on the taxing authority and categorized by their assignments of use by the Property Appraiser. . Programmatically apply the business rules of the assessment program to the database, assigning billing units and extending charges to the individual tax parcels. Determine the total number of billing units based on the apportionment methodOlogy and determine revenue generation. . Apply corrections and fieldwork overrides to the database and add new residential COs as they are provided to GSG. Task 3: Determine Scope of Additional Fieldwork Following two active hurricane seasons and the merging of the Marathon solid waste assessment into the unincorporated County solid waste program, the possibility of uncertainties in unit counts exists. While performing the data analyses necessary to create the annual roll, GSG will programmatically determine the amount of fieldwork required to improve the accuracy of the assessment. If the County decides to perform fieldwork, GSG can provide assistance, as needed, on a work-order basis. Task 4: Provide Information to Property Appraiser for Use on the TRIM Notice Using the preliminary assessment roll, GSG will prepare a file on compatible electronic medium capable of merger with the ad valorem tax roll files for purposes of the TRIM notice. Government Services Group, Inc. I B-1 Task 5: Certify Final Assessment Rollin Conformance with Uniform Method Using the final assessment roll, after applying any changes or modifications provided by the County, GSG will prepare a file on compatible electronic medium capable of merger with the ad valorem tax roll files. GSG will create test merge files and provide to the Tax Collector's data management provider to ensure an accurate merge. GSG will also provide a CD containing the annual roll to the Monroe County Tax Collector. Task 6: Post-Certlflcation Documentation / Roll Finalization Following the certification of the annual roll, GSG will provide to the County an updated Customer Service database, a report of assessed government parcels for manual billing, as well as detail and summary reports for each hauler district. GSG will work as needed with the Monroe County Tax Collector's office to make roll modifications due to parcel spllts and combinations after the rolls have been submitted. FEES AND COSTS For the services provided by GSG, the lump sum fee for professional services for the proposed scope of services will be $46,500 for the first fiscal year and $30,000 for subsequent years, based on a commitment to a three-year contract. The lump sum would be due and payable on a quarterly basis, assuming notice to proceed occurs by November 1, 2005, as follows: Payment Schedule 25% of lump sum fee January 2006 25% of lump sum fee March 2006 25% of lump sum fee June 2006 25% of lump sum fee September 2006 The lump sum fee does not include the costs of prOducing and mailing the statutorily required first class notices for FY 2006-07. These costs depend on the number of assessable parcels of property within the County. However, mailing and production costs are $1.25 per parcel. due and payable at the time of adoption of the preliminary assessment resolution. The lump sum fee for professional services does not include anyon-site visits by representatives of GSG. On- site meetings (together with any actual costs associated therewith) may be arranged at our standard hourly rates. Project status meetings may be arranged through scheduled telephone conferences in lieu of on-site visits. ... Government ServIces Group, Inc. I B-2 CRITICAL EVENTS SCHEDULE Event Date Preliminary Online Service Development Complete March 1,2006 / Testing and Refinement Begin Implementation of Online Assessment Data June 1, 2006 Management Service GSG obtains updated tax roll information from June 15. 2006 Cou nty GSG provides field work to County for verification June 26, 2006 County provides field work information to GSG to July 14, 2006 update roll GSG prepares preliminary assessment roll for July 21. 2006 entire County and the City of Marathon GSG provides preliminary assessment roll to July 24, 2006 Monroe County Property Appraiser Property Appraiser mails TRIM notices for County August 25, 2006 and City of Marathon properties Test export of Non-Ad Valorem Assessment Roll to September 6, 2006 Tax Collector Public Hearing to adopt Annual Assessment By September 15,2006 Resolution GSG certifies Non-Ad Valorem Assessment Roll to By September 15. 2006 Tax Collector on behalf of the County Government Sel'\llcel Group, Inc. I B-3 Overview: Online Assessment Data Management Service The Online Assessment Data Management Service is a web-based utility, tailored to the County's Solid Waste Assessment, which allows the remote management and viewing of assessment program data. By using this service, County staff can readily access assessment information at the parcel level, without the overhead of dedicated technical staff and data processing hardware, storage and support. Below are key points of the service: . GSG hosts the data on behalf of the County and provides for data storage and archiving on a secure, virus-protected network, behind monitored firewalls . GSG provides the Web and database servers and their associated software and hardware . GSG provides the Internet bandwidth and URL for the Web-based hosting . GSG creates a Web-based interface for users of the service, customized for the County's program . The interface uses secure, SSL encrypted and password-protected access to the data . Users can have varying levels of access to the data, based on group-level security . Only an Internet connection and Internet Explorer 6.0 or higher are necessary to use the service . No proprietary software is needed on the client workstation or network The Web-based interface will provide users the ability to: . Look-up assessment information by parcel 10, alternate key or owner name . View assessment amounts, parcel use codes, corrections and unit-counts per parcel . View assessment and unit history per parcel . Edit parcel-level information and enter corrections or overrides . Flag parcels that require first class notices . Flag parcels that need fieldwork inspection . Enter notes and flag for customer service callback . Generate reports on unit-counts, assessment totals, hauler counts, fieldwork, etc. To provide this client-server service, a combination of back-end database and Web browser front-end will be used. The data will be stored in a database on a multi-processor server with redundant disk, power and network subsystems. The user interface for the application will be a Web site built and hosted by GSG that uses ASP to interact with the back-end database. Benefits of this approach include reduction of development time, transparency to the end-user of upgrades and enhancements, as well as ease of implementation to the client. Only an Internet connection and compatible browser (lE6+) will be needed by the client to operate the application. The following diagram illustrates the basic approach. Government Services Group, Inc. I 8-4 . , . . . . ......................... +...............................................................H....................................................... GSG Database Server GSG Web Server ......... .............. ...... .... Internet Client Web Browser Client Web Browser ..' D ..' .' D ---===- ~. " , .... " ..... ..... I ..... " .... Government Services Group. Inc. I B-5 DATA MANAGEMENT AND SUPPORT Once the interface, programming and database are complete and in use, GSG will maintain the infrastructure, data and code. The client will need nothing but Internet connectivity and a compatible web browser to access the application while GSG is contracted for hosting. The access and use of this service will only be valid under the terms of this scope of services. GSG will be responsible for maintaining the hardware, software and licensing used for the database component of the application. Regularly scheduled archives of the data, database consistency and performance checks will be performed on the back-end database. GSG will also maintain the hardware, software and licensing used for the web-based component of the application. Any code changes will be made on GSG's local servers, eliminating the need for intervention or upgrades at the client level. Nightly archives of the application will be conducted. Web site registration, hosting and bandwidth will be provided by GSG. Application support will be provided by telephone Monday through Friday, between the hours of 9:00 a.m. & 5:00 p.m. Eastern Time, except for major holidays. DEMONSTRATION OF ONLINE SERVICE A demo of a fire-rescue assessment version of the online service is available at: https:jjapphost.govserv.comjonlineDemoj Login: mcsw Password: keys2006 A user guide for the fire-rescue assessment version demo of the online service has been included with this proposal. Government Services Group, Inc. I 8-6