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Home My WebLink About2006 11 27 Consent 401 Contractual Services with Nabors, Giblin & Nickerson, P.A. COMMISSION AGENDA ITEM 401 Consent X Informational Public Hearing Regular November 27. 2006 Regular Meeting f/ Kb Mgr. / Dept. Authorization REQUEST: The City Manager requests authorization to enter into contractual services with Nabors, Giblin & Nickerson, P.A. (NG&N) for the Tuscawilla Phase I & II Revisions and Public Hearings. Additionally, a supplemental appropriation is requested from the TLBD Phase I Maintenance Fund #184 in the amount of $5,000 to cover these additional services. PURPOSE: The City Manager requests authorization to enter into contractual services with Nabors, Giblin & Nickerson, P.A. (NG&N) for the Tuscawilla Phase I & II Revisions and Public Hearings. Additionally, a supplemental appropriation is requested from the TLBD Phase I Maintenance Fund #184 in the amount of $5,000 to cover these additional services. CONSIDERATIONS: On October 19,2006, Staff met with GSG and NG&N to discuss the need for are-forecasting and streamlining of the TLBD assessment district. During these discussions, it was determined by GSG that an increased scope of services would be required to accomplish this task, defined by the following factors: re-forecasting of the debt service infunds #182 (TLBD Debt Service Phase I) and #213 (TLBD Debt Service Phase II), development of the revenue structure for five years of Operating and Maintenance Budgets (O&M), forecasting necessary increases in the maximum assessments, and the merging of TLBD Phase I & II maintenance funds. On August 28, 2006, the City Commission was presented with Regular Agenda Items 303 and 304; which spoke to the upcoming need for an increase in the assessments and/or the legal maximums for the TLBD Assessment Districts. As a result of this increased scope of services, NG&N has submitted an engagement letter (attached) for the additional services required to implement the program changes. Please note that this is a single isolated engagement as a result of supplemental work anticipated for the TLBD revisions. FUNDING: A supplemental appropriation from fund balance is needed in the amount of $5,000 to be allocated to 184-53211 (Administration Fees). RECOMMENDATIONS: Staff recommends that the Commission authorize the execution of the contract with Nabors, Giblin & Nickerson, P.A. in the amount of $5,000; as well as authorize a supplemental appropriation of$5,000 as set forth in this agenda item. ATTACHMENTS: Engagement letter from Nabors, Giblin & Nickerson, P.A. dated October 25,2006- Tuscawilla Phase I and II Revisions/Public Hearings COMMISSION ACTION: 112706_COMM_Consent_ 401_NGN_Contract TAMPA Nabors Giblin & Nickersonp.A. TALLAHASSEE The Pointe. Suite 1060 2502 Rocky Point Drive Tampa. Florida 33607 (813) 281-2222 Tel (813) 281-0129 Fax Suite 200 1500 Mahan Drive Tallahassee. Florida 32308 (850) 224-4070 Tel (850) 224-4073 Fax ATTORNEYS AT LAW October 25,2006 VIA ELECTRONIC AND U.S. MAIL Michelle Greco, Finance Director City of Winter Springs 1126 East S.R. 434 Winter Springs, Florida 32708 Re: Tuscawilla Phase I and Phase II Revisions/Public Hearings Dear Michelle: Pursuant to our conversation this week, we are providing this letter outlining our proposed role and responsibilities in connection with the above-referenced assessment program. The City is planning to make these revisions during the course of the regular hearing process next year. As special assessment counsel we will perform all legal services necessary to implement the changes to the special assessment program. Such services include, but are not limited to: review of existing assessment program resolutions and other data provided by the City; assistance with reviewing a proforma schedule of revised rates and financing requirements related to the proposed changes; drafting the amending resolution for the Tuscawilla Phase I Assessments; drafting the amending resolution for the Tuscawilla Phase II Assessments; and attending the public hearing for the adoption of the amending resolutions. Based upon: (i) our current understanding of the structure, size, complexity and schedule of the revised assessment program, (ii) the duties we will undertake pursuant to this letter, (iii) the time we anticipate devoting to the assessment program, and (iv) the responsibilities we assume, our fee as special assessment counsel for the project will be $5,000. Please note that this fee represents compensation for the additional work required to implement the program changes. Our normal annual fee of $3,500 for each assessment area included in the annual proposal by Government Services Group remains Michelle Greco, Finance Director October 25,2006 Page 2 the same as prior years. Please note that the fee of $5,000 may vary: (i) if material changes in the structure or complexity of the changes to the assessment program occur, or (ii) if unusual or unforeseen circumstances arise which require a significant increase in our time or responsibility. If, at any time, we believe the circumstances require an adjustment of our original fee estimate, we will consult with you and will not charge the increased fee unless agreed upon by both parties. In addition, we will expect to be reimbursed for all actual out-of-pocket expenses, including travel costs, photocopying at $0.25 per page, deliveries, long distance telephone charges, filing fees, and other necessary office disbursements. We look forward to working with the City again. If this engagement letter is acceptable to you, please have it approved in accordance with normal City procedures. If you or any other officials have any questions, please feel free to contact me at any time. cc: Camille Tharpe, Government Services Group, Inc.