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HomeMy WebLinkAboutReso 2013-2136 1 RESOLUTION NO. 2013- 2,j1 31c.�v A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND RAFTELIS FINANCIAL CONSULTANTS, INC. FOR SERVICES RELATING TO SPECIAL ASSESSMENT FOR UTILITY UNDERGROUNDING FOR COLLINS AVENUE IN THE AMOUNT NOT TO EXCEED THIRTY THOUSAND DOLLARS ($30,000), INCLUSIVE OF TEN THOUSAND DOLLARS ($10,000.00) FOR CONTINGENCIES ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isle Beach is embarking on the process of placing overhead utilities underground on Collins Avenue; and WHEREAS, part of the cost of placing the utilities underground shall be defrayed by Special Assessment on properties located on Collins Avenue; and WHEREAS, the City must conduct an Assessment Methodology Study for the proposed undergrounding of Collins Avenue prior to the imposition of a Special Assessment; and WHEREAS, the firm of Raftelis Financial Consultants. Inc. is well qualified and has agreed to perform the study and related services; and WHEREAS, Raftelis Financial Consultants, Inc. has agreed to perform certain services to assist in determining the costs relating to the Special Assessment in the amount not to exceed Thirty Thousand ($30,000), attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Agreement. The Consultant Agreement with Raftelis Financial PP g g Consultants for professional services to prepare an Assessment Methodology Report and related services for a Special Assessment for Collins Avenue, attached hereto as Exhibit "A" , in an amount not to exceed Thirty Thousand Dollars ($30,000.00), inclusive of Ten Thousand Dollars ($10,000.00) for contingencies, be the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is authorized to execute said Agreement. R2013-Agmt W-Raftelis Financial re Special Assessment CollinsPage I of 2 • Section 3. Authorization of City Manager and City Attorney. The City Manager and City Attorney are hereby authorized to do all things necessary to effectuate the terms of this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this I 1+ti day of October 2013. 3 -i ,, . , ,,/,e, Zt•Iii14./t// c., ij Norman S. Edelcup, Mayor ATTEST: •. 1 -4,,....„ Jane A. Hines, City Clerk, MMC APPROVED AS TO FORM AND L .UFFICIENCY: iiiii "4,1.- 'ans •mot, C7 y Attorney Moved by: 4;c.e. Y ' !c 1_1 bP3 Seconded by: & bLI- Vote: S-t Mayor Edelcup t/(Yes) (No) Vice Mayor Aelion V (Yes) (No) Commissioner Gatto V (Yes) (No) Commissioner Levin V (Yes) (No) Commissioner Scholl V(Yes) (No) R2013-Agmt W-Raftelis Financial re Special Assessment CollinsPage 2 of 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY SUNNY ISLES BEACH and RAFTELIS FINANCIAL CONSULTANTS, INC. CONTRACT NO. C1213-072 /,� This Consulting Agreement ("Agreement") is entered into this (T day of (�Cl� , 2013 (hereinafter referred to as the effective date of the agreement) by and between the City of Sunny Isles Beach, Florida (the "City") and Raftelis Financial Consultants, Inc., 950 S. Winter Park Drive, Suite 240, Casselberry, Florida 32707 ("RFC" or the "Consultant"). Witnesseth WHEREAS, RFC has substantial skill and experience in community infrastructure cost apportionment, finance, and pricing, and WHEREAS, The City desires to hire RFC and RFC desires to provide services to the City, NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree to the terms and conditions set forth herein. Article 1. Statement of Work RFC shall provide professional consulting services to prepare: (i)a draft preliminary assessment roll for review by the City and; and (ii) preparation of final preliminary assessment roll and adoption assistance. RFC together with Susan Schoettle-Gumm, Attorney, will perform the services as set forth in more detail in Tasks 1 and 2 of Attachment A. Article 2. Time for Completion This agreement will commence upon approval by the City and remain in effect for a period of one year. Further renewals of this Agreement are at the option of the Parties and shall be in writing. Article 3. Compensation City shall pay to RFC for Task 1 a lump sum of Ten Thousand Dollars ($10,000.00) including reimbursable expenses and for Task 2 a lump sum fee of Ten Thousand Dollars ($10,000.00) including reimbursable expenses. The parties understand that these sums are based upon the scope of work contained herein at RFC's current Standard Billing Rates included in Attachment B. Any expansion of the scope of work or Additional Services requested by or resulting from the City shall involve the discussion of additional fees by both parties. RFC shall submit invoices to the City on a monthly basis for services rendered to the date thereof. Such invoices shall be supported by appropriate documentation: if a lump sum fee the percent complete; otherwise at a minimum, the task performed, the individuals working on such task, the level of each such individual, and expenses incurred. Upon receipt of monthly invoice, the City shall pay RFC in accordance with the Florida Prompt Payment Act. Page 1 of 8 ll J Article 4. Additional Services At the City's request, RFC may submit proposals for additional professional services. Each proposal submitted shall detail: (1) scope of work for the additional services, (2) period of services to be performed, and (3) method and amount of compensation. The City shall provide written acceptance and authorization to RFC prior to the commencement of work on any proposed additional services. Each proposal for additional services accepted and approved by the City shall become part of this Agreement and shall be governed by the terms and conditions contained herein. Article 5. Place of Performance RFC shall be responsible for maintaining its own office facilities and will not be provided with either office facilities or support by the City. Article 6. Indemnification RFC hereby agrees to indemnify the City and to hold the City harmless against any and all claims, action, or demands against the City and against any and all damages for injury to or death of any person and for loss of or damage to any and all property arising out of the negligent acts, errors or omissions of RFC under this Agreement. RFC shall not be held responsible for any claims caused by the negligence of the City. Article 7. Insurance RFC shall maintain the types and levels of insurance during the life of this Agreement as specified below. The City will be named as additional insured on the RFC's Certificates of Insurance and the RFC will provide the City with these Certificates of Insurance. Commercial general liability insurance - $1,000,000 for each occurrence and $2,000,000 in the aggregate Comprehensive automobile liability insurance - $1,000,000 combined single limit each occurrence Workers Compensation insurance— Statutory limits Professional liability insurance - $1,000,000 in the aggregate Excess or Umbrella Liability - $3,000,000 in the aggregate Article 8. Confidential Information RFC acknowledges and agrees that in the course of the performance of the services pursuant to this Agreement RFC may be given access to, or come into possession of, or may prepare documents that qualify as public records subject to inspection and copying in accordance with §119, Florida Statutes. RFC shall allow public access to such documents and materials in accordance with the provisions of §119, Florida Statutes. Any public record request received by RFC shall be immediately delivered to the Town Clerk for processing and RFC will submit any documents responsive to such public records request to the Town Clerk directly and not to the requesting party. Page 2of8 Article 9. Independent Contractor Status RFC acknowledges and agrees that in the course of the performance of the services pursuant to this Agreement RFC may be given access to, or come into possession of, or may prepare documents that qualify as public records subject to inspection and copying in accordance with §119, Florida Statutes. RFC shall allow public access to such documents and materials in accordance with the provisions of §119, Florida Statutes. Any public record request received by RFC shall be immediately delivered to the Town Clerk for processing and RFC will submit any documents responsive to such public records request to the Town Clerk direc'ly and not to the requesting party. Article 10. Reliance on Data In performance of the services, it is understood that the City and/or others may supply RFC with certain information and/or data, and that RFC will rely on such information. It is agreed that the accuracy of such information is not within RFC's control and RFC shall not be liable for its accuracy, nor for its verification, except to the extent that such verification is expressly a part of RFC's scope of services. Article 11. Opinions and Estimates RFC's opinions, estimates, projections, and forecasts of current and future costs, revenues, other levels of any sort, and events shall be made on the basis of available information and RFC's expertise and qualifications as a professional. RFC does not warrant or guarantee that its opinions, estimates, projections or forecasts of current and future levels and events will not vary from the City's estimates or forecasts or from actual outcomes. RFC identifies costs, allocates costs to customer classes and provides rate models. It does not establish rates, which is the legislative responsibility of the City. Article 12. No Consequential Damages To the fullest extent permitted by law, neither party shall be liable to the other for any special, indirect, consequential, punitive or exemplary damages resulting from the performance or non- performance of this Agreement notwithstanding the fault, tort (including negligence), strict liability or other basis of legal liability of the party so released or whose liability is so limited and shall extend to the officers, directors, employees, licensors, agents, subcontractors, vendors and related entities of such party. Article 13. Termination of Work This Agreement may be terminated as follows: 1. By City (a) for its convenience on 30 days' notice to RFC, or (b) for cause, if RFC materially breaches this Agreement through no fault of City and RFC neither cures such material breach nor makes reasonable progress toward cure within 15 days after City has given written notice of the alleged breach to RFC. 2. By RFC (a) for cause, if City materially breaches this Agreement through no fault of RFC and City neither cures such material breach nor makes reasonable progress toward cure within 15 days after RFC has given written notice of the alleged breach to City, or (b) upon five days' Page 3 of 8 �. r notice if Work under this Agreement has been suspended by either City or RFC in the aggregate for more than 30 days. 3. Payment upon Termination. In the event of termination, RFC shall be compensated for all work performed prior to the effective date of termination. Except for termination of RFC by City for cause, RFC shall also receive a termination fee equal to 15 percent of the total compensation yet to be earned under existing authorizations at the time of termination. Article 14. Notices All notices required or permitted under this Agreement shall be in writing and shall be deemed deliverable when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: If for the City: Hans Ottinot, City Attorney City of Sunny Isles Beach Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, FL 33160 If for RFC: Marco H. Rocca Director of Florida Operations Raftelis Financial Consultants, Inc. 950 S. Winter Park Drive, Suite 240 Casselberry, FL 32707 Article 15. Compliance with Applicable Laws RFC agrees not to discriminate in its employment practices, and will render services under this Agreement without regard to race, color, religion, sex, national origin, veteran status, political affiliation or disabilities. Any act of discrimination committed by RFC, or failure to comply with these statutory obligations when applicable, shall be grounds for termination of this Agreement. Article 16. General Provisions A. Entire This Agreement represents the entire and sole agreement between the Parties Agreement: with respect to the subject matter hereof. B. Waiver: The failure of either Party to require performance by the other of any provision hereof shall in no way affect the right to require performance at any time thereafter, nor shall the waiver of a breach of any provision hereof be taken to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. All remedies afforded in this Agreement shall be taken and construed as cumulative; that is, in addition to every other remedy available at law or in equity. Page 4 of 8 C. Relationship: Nothing herein contained shall be construed to imply a joint venture, partnership, or principal-agent relationship between RFC and the City; and neither Party shall have the right, power, or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. D. Assignment Neither Party shall assign or delegate this Agreement or any rights, duties, or and obligations hereunder without the express written consent of the other. Delegation: Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the successors, legal representatives, and assignees of the Parties hereto. E. Severability: If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be. F. Governing This Agreement shall be governed by, and construed in accordance with, the Law: laws of the State of Florida. Venue and jurisdiction shall be in Miami-Dade County, Florida, Circuit Court. G. Paragraph The paragraph headings set forth in this Agreement are for the convenience Headings: of the Parties, and in no way define, limit, or describe the scope or intent of this Agreement and are to be given no legal effect. H. Third Party Nothing in this Agreement shall be construed to create or confer any rights Rights or interest to any third party or third party beneficiary. It is the intent of the parties that no other outside, non-party claimant shall have any legal right to enforce the terms of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives. RAFTELIS FINANCIAL CONSULTANTS,INC. CITY OF SUNNY ISLES BEACH By: By: Me ' I p. 1 1)4?!-(01' ((,GW Marco H. Rocca, CMC Print Name: IJoQmA►J Director of Florida Operations Title: YYIAY012 Date: October 8,2013 Date: b-1pgv2 ISM ZO 13 APP' •' biAS4► FORM ' An M►_ NCY N4L4I '' e NO °CITY ATTORNEY Page 5 of 8 ATTACHMENT A—STATEMENT OF WORK Preparation of Undergrounding Assessment Roll Project Understanding -- The City of Sunny Isles Beach, Florida (the "City") desires that costs associated with undergrounding electrical services (the "Project") to certain properties within the City's incorporated limits be recovered pursuant to provisions in F.S. §170 for special assessments. The following Scope of Services is divided into three primary Tasks to facilitate the assessment process and provide flexibility in the event the City or unknown circumstance require a change in the requested assessment methodology and/or additional services relevant to the Project are requested. Scope of Services Pursuant to the above understanding RFC will perform the following: Task 1 —Preparation of Draft Preliminary Assessment Roll a. Data Acquisition -- RFC will prepare a letter to the City requesting necessary data to conduct apportionment of appropriate Project Costs on a parcel linear front-foot basis. Such data will include, but not be limited to: parcel ID numbers; parcel location, owners name and billing address; individual Front Footage of parcels to be assessed; list of parcels within the project area by ID number that are exempt from assessments, all Project Costs including engineering, construction, administrative services, traffic control and any other costs necessary for undergrounding electrical service, (collectively "Construction Costs"); funding source(s) together with interest rate, term of debt, reserve requirement and/or any other financing provision, assessment costs and any other cost applicable to the Project; and non-assessable costs. b. Data Review — RFC will review the data for completeness and to identify any salient issues that may appear to be inconsistent. c. Apportionment Process — RFC will develop a computer spreadsheet to manage and apportion the Project pursuant to the front footage basis being requested by the City. The apportionment process will consist of dividing all Project Costs, including Construction Costs (less any non-assessable costs), financing, administrative, county assessment fees, early discount provisions and any other applicable costs to the Project by the aggregate front linear footage of all parcels to be assessed. A listing by individual parcel ID, parcel address, owner, owner's mailing address, front footage and preliminary assessment will be prepared and provided for the City's review and use in discussions with affected property owners. Task 2 —Preparation of Final Preliminary Assessment Roll and Adoption Assistance a. Final Preliminary Assessment Roll -- Pursuant to material concurrence by the City on the draft preliminary assessment roll, RFC will proceed to make minor adjustments to the assessment roll and prepare the preliminary assessment roll together with a letter of transmittal (Assessment Report) specifying the Project Costs, Method of Assessments, Duration of the Assessments and any other discussion RFC believes necessary for this assignment. Page 6 of 8 b. Assessment Adoption/Implementation -- In order to impose and collect non-ad valorem assessments on the property tax bill, Florida statutes require adoption of resolutions and several published and mailed notices that must strictly comply with statutory requirements and deadlines. Ms. Schoettle-Gumm will guide the City through this process from the drafting and adoption of the ordinances/resolutions needed for imposition and collection of the utility undergrounding assessments on the annual tax bill as well as instructing OWNER on necessary mailings and published notices. Costs related to publishing, printing and mailing of all notices will be the responsibility of the City. The recommended legal process includes a Resolution of Intent pursuant to F.S. §197.3632, a base ordinance and two assessment resolutions. Although an ordinance is not strictly required for assessments for a capital improvement project if the City uses the process in Florida Statutes Chapter 170, this recommended approach has been very successful for adoption of numerous other special assessments in Florida. Because plans and specifications for the project must be available prior to adoption of the first resolution required in F.S. §170.03, relying solely on the Chapter 170 process can lead to reaction from property owners that is rather late in the process of the undergrounding project and also late in the required statutory process for placing assessments on the annual tax bill. By having an advertised public hearing on an assessment ordinance earlier in the project schedule, adequate opportunity for identification of property owner issues is provided. The recommended process provides clear legal authority for all actions related to the assessments as well as providing opportunity for public comment and timely responses by the City and Project Team to issues and new information. Ms. Schoettle-Gumm will attend one public meeting as requested by the City. Task 3 —Additional Services The Project Team will respond to request by the City for additional services relevant to this assignment not specifically identified in Tasks 1 and 2 above. Such services may include, but are not limited to: alternative apportionment methodology; attendance at meetings or other need; verification of data/on-site inspections; assistance after adoption of final assessment resolution to complete implementation of the assessments, including preparation and submittal of the roll to the County for inclusion on the ad valorem property tax bill; and continued support to insure that statutory requirements are fulfilled. PROJECT SCHEDULE Task 1 of the Scope of Services will be completed within thirty (30) days from receipt of Notice to Proceed except for delays beyond the reasonable control of the Consultant. Task 2 of the Scope of Services will be completed within an additional thirty (30) days from receipt of Notice to Proceed except for delays beyond the reasonable control of the Consultant. Task 3 of the Scope of Services will be completed as mutually agreed. Page 7of8 a i ATTACHMENT B—RFC's 2013 STANDARD BILLING RATES Position Hourly Billing Rate Vice President $240 Senior Manager $220 Manager &Director of Fl Operations $200 Senior Consultant $185 Consultant $160 Associate $130 Technician $90 Administration $60 Technology Expense $10 * * Technology/Communications Charge — this is an hourly fee charged monthly for each hour worked on the project to recover telephone, facsimile, computer, postage/overnight delivery, conference calls, electronic/computer(i.e. WebEx, GoToMeetings), photocopies, etc. Page 8 of 8 City Commission ID SoNNY is< City of Sunny Isieffi teach Norman S.Edelcup,Mayor 9 18070 Collins Avenue, Suite 250 IsaacAelion,Vice Mayor T Sunny Isles Beach,Florida 33160 Jeanette Gatto, Commissioner Jennifer Levin,Commissioner ,` (305)947-0606 City Hall George"Bud"Scholl,Commissioner * (305)949-31 13 Fax 4. F o P\ s�: (305)947-2150 Building Department Christopher J.Russo City Manager Hans Ottinot,City Attorney c',. , or sus "`'° (305)947-5107 Fax Jane A.Hines,l:1P.IC,City Clerk. MEMO i"A1V DUM TO: 1 ®n®rabllc Mayor and City� Commission 0 F'"�I%10�o Hans Ottinot, City Attorney � I DATE: October 17, 2013 RE: Approving the Agreement between City of Sunny Isles IL each and 1'afftellis Financial Consultants,Inc. RECOMMENDATION This Resolution is presented for your consideration. REASONS As you know, the City is embarking on the process of placing overhead utilities underground on Collins Avenue. The City Commission is contemplating imposing a Special Assessment to defray part of the cost of placing the utilities underground. Prior to the imposition of a Special Assessment, the City must conduct an analysis as to the benefits of affected properties. As such, the City intends to hire the firm Raftelis Financial Consultants, Inc. ("Consultant") to conduct the analysis. The Consultant is well qualified and has agreed to perform the study and related services to assist in determining the appropriate method to impose the Special Assessment in the amount not to exceed Thirty Thousand ($30,000). This is inclusive of Ten Thousand$10,000 for contingency. Agenda Item V 0, U Date I`: ij - ! '' ;"