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HomeMy WebLinkAboutR-01-0723J-01-1092 7/19/01 RESOLUTION NO. 01- 723 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO CONTRACT FOR CONSULTING SERVICES FOR THE DEPARTMENT OF FINANCE WITH AMERICAN APPRAISAL ASSOCIATES, TO CONDUCT A REVIEW AND EVALUATION OF PROCEDURES TO PROTECT THE CITY'S INFRASTRUCTURE ASSETS FOR COMPLIANCE WITH A NEW ACCOUNTING STANDARD BOARD STATEMENT (GASB STATEMENT NO. 34), UNDER EXISTING BROWARD COUNTY, FLORIDA RLI NO. 801400, EFFECTIVE UNTIL SEPTEMBER 30, 2001, PROVIDED THAT THE CONTINUATION OF THIS AGREEMENT BEYOND THE END OF ANY FISCAL YEAR SHALL BE SUBJECT TO THE AVAILABILITY OF FUNDS; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 001000.260201.6.280, IN AN AMOUNT NOT TO EXCEED $75,000. WHEREAS, the City of Miami Department of Finance seeks assistance from American Appraisal Associates (the "Consultant") to conduct a review and evaluation of procedures to protect the City's infrastructure assets for compliance with a new accounting standard board statement (GASB Statement No. 34); and WHEREAS, in conducting the review and evaluation the Consultant- will review the City's property management records and procedures, recommend classes of assets that can be CITY C01M1'b A�tEBTJ>90 .rl�r 1 U 2001 haaaudan X^ 01- 723. 391ME • • • considered networks, advise if the modified approach can be used for any networks, and assist in determining asset values; and WHEREAS, pursuant to the contract established by Broward County, Florida, RLI No. 801400, the City can procure these services from the Consultant, if needed, under the same prices, terms and conditions; NOW, THEREFORE, BE. 1T RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as it fully set forth in this Section. Section 2. The City Manager is authorizedl' to contract for consulting services for the Department of Finance with American Appraisal Associates to conduct a review and evaluation of procedures to protect the City's infrastructure assets for compliance with a new accounting standard board statement (GABS Statement No. 34), under existing Broward County, Florida RLI No. 601400, effective until September 30, 2001, is approved provided the continuation of the agreement beyond the end of any fiscal year shall be subject to the availability of funds, with funds allocated from Account Code No. 001000.260201.6.280, in an i The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Pages 2 of 3 Oi _ 723 0' amount not to exceed $75,000. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor Y PASSED AND ADOPTED this 19th day of July , 2001. JOE CAROLLO, MAYOR In r—nrdrnoa with Miami Coale Sc---. 2-30, since the Mayor did not lndica'e mpprovrl of 1•r:� t. ;:r:!c�tit+n by rii,tnirr{l it In tht� r.0aci� t�ra••;4tt, calci 1433:,!�.tiot+ lvuw '4!i�iliS ul.Cctive With Y1i',:' da «^.° of li'm (If)) d^;rs from tiro daia of Corivrt;uslon a. -tion rogaiding sarno, without 0a Mayor oxercitring a volo. ATTEST: W r J. �oaman, City Clark WALTER J. FOEMAN, CITY CLERK APPROVED AND CORRECTNESS :/000�r ILARELLO 57:ELF:BSS It the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 01- 723 • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 33A TO: Honorable Mayor and DATE: JUN 2 6 ^' me Members of the City Commission SUMACT : procurement of Consulting Services ime z FROM City AManager REFERENCES. ENCLOBURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution approving a professional service agreement with American Appraisal Associates ('Von- Local/Non-Minority vendor) located at 3120 Thornridge Trail, Douglasville, Georgia 30135, using Broward County RLI# 801400, in the amount of 575,000. Funding for this agreement is available from Account Code 001000.260201.6.280. BACKGROUND The City of Miami Finance Department seeks assistance from a consulting firm to assist with fixed asset issues required to comfotm with new accounting standard board (GASB Statement No. 34). The consultant will assist in determining steps necessary to comply with GASB 34, review the City's property management records and procedures, recommend classes of assets that can be considered networks, advise if the modified approach can be used for any networks, and assist in determining asset values. CAG/RJN/S'rS/is 01- 723 • CtTY OF MIAMI, FLORIDA • INTER -OFFICE MEMORANDUM TO. Judy S. Carter, Director DATE, June 23, 2001 FILE Department of Purchasing sUMcr: Procurement of Consulting Services Scott Simpson�o�j FROM: Director of Findwe REFERENCES: ENCLOSURES: The Department of Finance has verified that funding is available to procure the services of American Appraisal Associates for $75,000 from Account Code 001000.260201.6.280. The procurement of the consulting services will be for American Appraisal Associates (Non-Local/Non-Minority vendor) using Broward County RLI# 081400. 01- 723 0// f * June 22, 2001 Mr. Robert J. Watkins District Manager American Appraisal Associates 3120 Thoraridge Trail Douglasville, GA 30135 Dear Mr. Watkins: It is understood that the City of Miami has a desire to "Piggyback" the Agreement for Consultant Services for fixed asset issues required compliance with GASB 34 between American Appraisal Associates and Broward County, Florida. Pursuant to the City of Miami's request, American Appraisal Associates hereby agrees to offer the City of Miami Consultant Services for fixed assets required for compliance with GASB 34 under the same price(s), terms and conditions as RLI# 081400, Consultant Services for fixed asset issues required for compliance with GASB 34, awarded to American Appraisal Associates on December 21, 2000 by Broward County, Florida. All references to RLI# 081400, Consultant Services for fixed asset required for Compliance with GASB 34, shall be assumed to pertain to the City of Miami, Florida. Please return a signed copy of this memo if American Appraisal agrees in theory to allow the City of Miami to "Piggyback" RFL# 081400 pending the execution of a professional service agreement between the City of Miami and American Appraisal. If you have any questions, please contact me at 305-416-1377. Sincerely, 10.0 Scott Simpson Director of Finance 01- 723 • June 15, 2001 Ms. Pamela Bums, CPPB City of Miami Purchasing 444 3W 21 Avenue, 616 Floor Miami, FL 33130 Dear Ms. Bums: i A000aMing Division 116 S. Andrews Avenue. Room 221 Pursuant to our telephone conversation, enclosed pies" find information regarding American Appraisal Associates and the potential piggybacking by the City of Miami. If i can be of further assistance, please do not hesitate to contact me. W WAW COUNTY BOARD Of COUNTY COMMO ONEI16 — An EOual OppWWlly Employer and Provider of 6endaes JOWCh.n Eagoleum it Hen Grober Swann* N. Gunrixupa K+4w D Jacobs Ilene ustoerman Lai Nonce Pomsh John E. koastrom. 1. James A. Scon D,ono Wmatincu-RL.U2 VIW us on fho We": www&mordoWc=ouWg tai— '723 Ruialww'- Jun 28 01 01202P RAR Emp l o aaee 41225 -2002 P.1 • Untied Sures ]nternstJsa� .rvP9, :'"" •,'ialti•.r`.d'' Amerfan, Apprslael ASSMietet titlli4tt :.119 A►1' 1i1 • Zvi! 411 East Wisconsin Avenue #1900 �:c�l" wr+rrti Milwaukee, Wisconsin 53202 llL't:J.N' I'll::;..';Il,hl.' .'i;a]•4 Sr,lll !1.��I.l 1�.-, I.11•�la:l••h r•„�.,•:. •relephone (600) 558-8650 li:ryll.11'• ,,,..,'.;11.•nl:l,w! �I:,1i\:1,1 ri, ni, !1avo.• C: t nlroh/,r �:.: ,na, w W_&iI't�C,�� 9QpiHIS$1.00111 (IM11` {.et :1:1; •`,all: �.•.��,'• Ms. Judy Carter Director City of Miami Depamnent of Purchasing 444 S.W. 2w Avenue, 6d' Floor Miami, FL 33130 June 27, 200I Thar MU. Carter: It is understood that the City of Miami has a desire to "piggyback" the Agreement for Consultant Services for Fixcd Asset Issues Reenired to C oMply with GASB M between American Appraisal Associates and Broward County. Florida. Pursuant to the City of Miami's request, American Appraisal Associates hereby agrees to offer the City of Miami consultant services for fixed assets required for compliance with GASB 34 under the same price(s), terms and conditions as RLltl 081400, ('onmAwt Sen9ces fox wed Aswi Issues Rcupirral to Cw,W4_"A0i—QA9B 34, awarded to Asnei-icMi Appraisal As&reiatts, ou Deceiidie, 21, 2000 by Browatd County, Florida. Subsequent to this document, and approval by all required parties of the City of Miami, the parties to this letter shat execute a formal Contract for Services subet+uttially identical to the Contract for Services executed between American Appra -al ssociates and Broward County, Floridu• All references to RLI# 081400, Consultant Services fQr Fixed Asset &S gegttil .Lo •S91TlplX v G&SH 34, shall be assumed to pertain to the City o!'Miarni, Florida. Should you have any questions regarding this matter pleayte do not hesitate to contact me at ('305) 416-1910. AMERICAN APPRAISAL. ASSOCIATES, INC. Dale J. Egan oOor General Counsel CITY OF MIAMI 01- 723 °131ROWARD COUNTY{ and ERICAN APPRAISAL. ASSOCIATES, INC. fbr PNSULTANT SERVICES FOR FIXED ASSET ISSUE$� REQUIRED TO COMPLY WITH 4Ass 34 1e n � r ) a 'xiFJ%.. 3 • '�l� `081:Tl� `'I, i �i•�` �i,4"3 r: y� ,.fit r 4� K �nl�� t � ' .''��v� c�f'k"'r' :F #+r ~• b„ � Gi tF pkv 2.q � _ kr, �+ tai i iX�t 'h Kitw�t 1b 4„r, gJfi+ �x'r? r.,.�"y� 5 '' '� `�'� �c S,�••- ,UY i 9�p R>;,,r. t 1 � SX L � 4i �' k.,i',� xG b •_r �. 01- 723 1 "bc y� �•: r i' i �,�§ryrXfl t V iV' y yx' l f 4 =t a A ro � r7 Sx Jk ;9 yyyy "i Sena qjf k� F ham+ ? R t k ��R ,,, b. f W r a � �`3pr ty�9* °131ROWARD COUNTY{ and ERICAN APPRAISAL. ASSOCIATES, INC. fbr PNSULTANT SERVICES FOR FIXED ASSET ISSUE$� REQUIRED TO COMPLY WITH 4Ass 34 1e n � r ) a 'xiFJ%.. 3 • '�l� `081:Tl� `'I, i �i•�` �i,4"3 r: y� ,.fit r 4� K �nl�� t � ' .''��v� c�f'k"'r' :F #+r ~• b„ � Gi tF pkv 2.q � _ kr, �+ tai i iX�t 'h Kitw�t 1b 4„r, gJfi+ �x'r? r.,.�"y� 5 '' '� `�'� �c S,�••- ,UY i 9�p R>;,,r. t 1 � SX L � 4i �' k.,i',� xG b •_r �. 01- 723 y� �•: r i' °131ROWARD COUNTY{ and ERICAN APPRAISAL. ASSOCIATES, INC. fbr PNSULTANT SERVICES FOR FIXED ASSET ISSUE$� REQUIRED TO COMPLY WITH 4Ass 34 1e n � r ) a 'xiFJ%.. 3 • '�l� `081:Tl� `'I, i �i•�` �i,4"3 r: y� ,.fit r 4� K �nl�� t � ' .''��v� c�f'k"'r' :F #+r ~• b„ � Gi tF pkv 2.q � _ kr, �+ tai i iX�t 'h Kitw�t 1b 4„r, gJfi+ �x'r? r.,.�"y� 5 '' '� `�'� �c S,�••- ,UY i 9�p R>;,,r. t 1 � SX L � 4i �' k.,i',� xG b •_r �. 01- 723 AGREEMENT between BROWARD COUNTY and AMERICAN APPRAISAL ASSOCIATES, INC. • for WNSULTANT SERVICES FOR FIXED ASSET ISSUES REQUIRED TO COMPLY WITH GASB 34 RLI # 081400 This is an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND AMERICAN APPRAISAL ASSOCIATES, INC., hereinafter referred to as "CONSULTANT." IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CONSULTANT agree as follows: walm 0 loll I C-12111 9I1;1[@q1;NW9 60M, 1.1 Agreement - means this document, Articles 1 through 9, inclusive. Otherterms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 1.2 Board - The Broward County Board of County Commissioners. 1.3 Contract Administrator - The Broward County Administrator, the Director of the Broward County Accounting Division, or designee of such Director. The primary -1- 01-- 723 responsibilities of the Contract Administrator are to coordinate and communicate with CONSULTANT and to manage and supervise execution and completion of the Scope of Services and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all parties may rely on the instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the Scope of Services, and provided further that changes by the Contract Administrator which are expressly authorized by the Procurement Code (Chapter 21 of the Broward County Administrative Code) may be relied upon by the parties. 1.4 County Attorney - The chief legal counsel for COUNTY who directs and supervises the Office of the County Attorney pursuant to Section 4.03 of the Broward County Charter 1.5 Project - The Project consists of the services described in Article 2. ARTICLE 2 SCOPE OF SERVICES 2.1 CONSULTANT shall perform all work identified in this Agreement and Exhibit "A." The parties agree that the Scope of Services is a description of CONSULTANT's obligations and responsibilities and is deemed to include preliminary considerations and prerequisites, and all labor, materials, equipment, and tasks which are such an inseparable part of the work described that exclusion would render performance by CONSULTANT impractical, illogical, or unconscionable. 2.2 CONSULTANT acknowledges and agrees that the Contract Administrator has no authority to make changes that would increase, decrease, or otherwise modify the Scope of Services to be provided under this Agreement except as expressly authorized by the Broward County Procurement Code (Chapter 21 of the Broward County Administrative Code). 2.3 The terms of this Agreement shall be made available to all units of local government who desire to use CONSULTANT's services to assist with fixed asset Issues related to compliance -with the new GASB Statement No. 34. CONSULTANT agrees to accept this Agreement, Broward County's Standard Agreement, for these government entities, including the rates and services provided for herein. ARTICLE 3 TERM ANDD ZIME QF -PERFORMANCE 3.1 The term of this Agreement shall begin on the date it is fully executed by both parties and shall end on September 30, 2001; provided, however, if the term of this -2- ©i- 723 Agreement extends beyond a single fiscal year of COUNTY, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from COUNTY in accordance with Chapter 129, Florida Statutes. 3.2 All duties, obligations, and responsibilities of CONSULTANT required by this Agreement shall be completed no later than September 30, 2001. Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities required by this Agreement. ARTICLE 4 COMPENSATION 4.1 COUNTY agrees to pay CONSULTANT, in the manner specified in Section 4.2 and in accordance with the rate schedule set forth in Exhibit "B," the maximum amount of Seventy Two Thousand Five Hundred Dollars ($72,500.00) for work actually performed and completed pursuant to this Agreement, which amount shall be accepted by CONSULTANT as full compensation for all such work. It is acknowledged and agreed by CONSULTANT that this amount, is the maximum payable and constitutes a limitation upon COUNTY's obligation to compensate CONSULTANT for its services related to this Agreement. This maximum amount, however, does not constitute a limitation, of any sort, upon CONSULTANTs obligation to perform all items of work required by or which can be reasonably inferred from the Scope of Services. No amount shall be paid to CONSULTANT to reimburse its expenses. 4.2 METHOD OF BILLING AND PAYMENT 4.2.1 CONSULTANT may submit invoices for compensation no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen (15) days of the end of the month except the final invoice which must be received no later than sixty (60) days after this Agreement expires. Invoices shall designate the nature of the services performed and/or the expenses incurred. 4.2.2 COUNTY shall pay CONSULTANT within thirty (30) calendar days of receipt of CONSULTANTs proper statement, as required by the "Broward County Prompt Payment Ordinance" (Broward County Ordinance No. 89-49, as may be amended from time to time). To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to instructions prescribed by Contract Administrator. Payment may be withheld for failure of CONSULTANT to comply with a term, condition, or requirement of this Agreement. -3- O 1- 723 4.3 Notwithstanding any provision of this Agreement to the contrary, COUNTY may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to Contract Administrator. The amount withheld shall not be subject to payment of interest by COUNTY. 4.4 Payment shall be made to CONSULTANT at: American Appraisal Associates, Inc. Bid 391 Milwaukee, Wisconsin 53288-0391 5.1 Any change to the Scope of Services must be accomplished by a written amendment, executed by the parties in accordance with Section 9.18 below. ARTICLE 6 INDEMNIFICATIQN 6.1 CONSULTANT shall at all times hereafter indemnify, hold harmless and, at County Attomey's option, defend or pay for an attorney selected by County Attorney to defend COUNTY, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney's fees, court costs, and expenses, caused by negligent act or omission of CONSULTANT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from Injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by Contract Administrator and County Attorney, any sums due CONSULTANT under this Agreement may be retained by COUNTY until all of COUNTY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by COUNTY. ARTICLE 7 INSURANCE 7.1 In order to insure the indemnification obligation contained above, CONSULTANT shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement (unless otherwise provided), the insurance coverages set -4- i . : 0i- 723 9 • forth in Sections 7.3, 7.4, and 7.5, In accordance with the terms and conditions required by this Article. Each insurance policy shall clearly identify the foregoing indemnification as insured. 7.2 Such policy or policies shall be without any deductible amount and shall be issued by approved companies authorized to do business in the state of Florida, and having agents upon whom service of process may be made in Broward County, Florida. CONSULTANT shall specifically protect COUNTY and the Broward County Board of County Commissioners by naming COUNTY and the Broward County Board of County Commissioners as additional insureds under the Comprehensive General Liability Policy only. 7.3 ComorAensive General Liabilify Insurance. A Comprehensive General Liability Insurance Policy shall be provided which shall contain minimum limits of Three Hundred Thousand Dollars ($300,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Premises and/or operations. Independent contractors. 7.4 Wo grs' Comaensation Insurance. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the state of Florida and all applicable federal laws. In addition, the policy(ies) must include: Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) each accident. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. 7.5 Professional Liability Insurance. Professional Liability Insurance shall be provided which shall contain minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence with a maximum deductible of Two Thousand Five Hundred Dollars ($2,500.00). 7.6 CONSULTANT shall furnish to the Contract Administrator Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. --5- 01- '723 7.7 Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of CONSULTANT is completed. All policies must be endorsed to provide COUNTY with at least thirty (30) days' notice of cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. ARTICLE a TEMAINATION 8.1 This Agreement may be terminated for cause by action of the Board or by CONSULTANT if the party in breach has not corrected the breach within fourteen (14) dais after written notice from the aggrieved party identifying the breach, or for convenience by action of Board upon not less than fourteen (14) days' written notice by Contract Administrator. This Agreement may also be terminated by Contract Administrator upon such notice as Contract Administrator deems appropriate under the circumstances in the event Contract Administrator determines that termination is necessary to protect the public health, safety, or welfare. 8.2 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of COUNTY as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. 8.3 Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by Contract Administrator which Contract Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 8.4 In the event this Agreement is terminated for convenience, CONSULTANT shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified of COUNTY's election to terminate, CONSULTANT shall refrain from performing further services or incurring additional expenses under the terms of this Agreement. CONSULTANT acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by COUNTY, the adequacy of which is hereby acknowledged by CONSULTANT, is given as specific consideration to CONSULTANT for COUNTY's right to terminate this Agreement for convenience. 8.5 In the event this Agreement is terminated, any compensation payable by COUNTY shall be withheld until all documents are provided to COUNTY pursuant to Section 9.1 of Article 9. 01- 723 ARTICLE 9. MISCELLANEOUS 9.1 OWNERSHIP OF DOCUMENTS Any and all reports, surveys, and other data and documents provided in connection with this Agreement are and shall remain the property of COUNTY. All supporting documentation for the reports provided to COUNTY shall be retained in strict confidence for a period of five (5) years in accordance with the Uniform Standards of Professional Appraisal Practices and in full compliance with Section 9.2 below. In the event bf termination of this Agreement, any reports, surveys, and other data and. documents prepared by CONSULTANT, whether finished or unfinished, shall become the property of COUNTY and shall be delivered by CONSULTANT to the Contract Administrator within seven (7) days of termination of this Agreement by either party. Any compensation due to CONSULTANT shall be withheld until all documents are received as provided herein. 9.2 AUDIT RIGHT AND RETENTION OF REt; Q„ R_D_S- COUNTY shall have the right to audit the books, records, and accounts of CONSULTANT that are related to this Project. CONSULTANT shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to the Project. CONSULTANT shall preserve and make available, at reasonable times for examination and audit by COUNTY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been Initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by COUNTY to be applicable to CONSULTANTs records, CONSULTANT shall comply with all requirements thereof, however, no confidentiality or non -disclosure requirement of either federal or state law shall be violated by CONSULTANT. Any incomplete or incorrect entry in such books, rebords, and accounts shall be a basis for COUNTY's disallowance and recovery of any payment upon such entry. _?_ 11� 723 9.3 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT CONSULTANT shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. CONSULTANT shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by COUNTY, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONSULTANT shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. CONSULTANT's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation (Broward County Code, Chapter 16%), national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. CONSULTANT shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 16%2) in performing any services pursuant to this Agreement. CONSULTANT shall submit an acceptable Business EmploymentAffirmativeAction Plan to the COUNTY's Division of Equal Employment and Small Business Opportunity (DEESSO) prior to beginning work under this contract. Approval of the plan by DEESBO is required prior to the start of work. 9.4 PUBLIC ENTITY CRIME ACT CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crime Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a contractor, consultant or other provider and who has been placed on the convicted vendor list following a conviction for a Public Entity Crime may not submit a bid on a contract to provide any goods or services to COUNTY, may not submit a bid on a contract with COUNTY for the construction or repair of a public building or public work, may.not submit bids on leases of real property to COUNTY, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with COUNTY, 01- 723 IZ�PZLI:�f 01 • and may not transact any business with COUNTY in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. 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 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 CONSULTANT has been placed on the convicted'vendor list. 9.5 INDEPENDENT CONTRACTOR CONSULTANT is an independent contractor under this Agreement. Services provided by CONSULTANT pursuant to this Agreement shall be subject to the supervision of CONSULTANT. In providing such services, neither CONSULTANT nor Its agents shall act as officers, employees, or agents of the COUNTY. This Agreement shall not constitute or make the parties a partnership or joint venture. .: 1 4MM It is a requirement of COUNTY that it enter into contracts only with firms that certify the establishment of a drug free workplace in accordance with Chapter 21.31(a) of the Broward County Procurement Code. Execution of this Agreement by CONSULTANT shall serve as CONSULTANT's required certification that it either has or that it will establish a drug free work place in accordance with Chapter 21.31(a) of the Broward County Procurement Code. 9.7 THIRD PARTY BENEFICIARIES Neither CONSULTANT nor COUNTY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either of them based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 9.8 NOTICES Whenever either party desires to give notice to the other, such notice must be in -9- IIIPZ0I. ot- '723 writing, sent by certified United States Mail, postage prepaid, return receipt requested, or by hand -delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR FROWARD COUNTY: Director, Accounting Division Governmental Center, Room 221 115 South Andrews Avenue Fbrt Lauderdale, Florida 33301 FOR CONSULTANT: American Appraisal Associates, Inc. Attn: Robert J. Watkins, District Manager 3120 Thornridge Trail Douglasville, GA 30135 9.9 ASSIGNMENT ALD PERFORMANCE Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONSULTANT shall only subcontract with KPMG LLP for technical assistance for any accounting issues that arise during the performance of the services required by this Agreement. CONSULTANT represents that all persons delivering the services required by this Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Services and to provide and perform such services to COUNTY's satisfaction for the agreed compensation. CONSULTANT shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of CONSULTANT's performance and all interim and final product(s) provided to or on behalf of COUNTY shall be comparable to the best local and national standards. 9.10 CQNFI-ACTS Neither CONSULTANT nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially -lo- 01 - 723 antagonistic or incompatible with CONSULTANT's loyal and conscientious exercise of judgment related to its performance under this Agreement. CONSULTANT agrees that none of its officers or employees shall, during the term of this Agreement, serve as an expert witness against COUNTY in any legal or administrative proceeding in which he or she is not a party, unless compelled by court process. Further, CONSULTANT agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of COUNTY in connection with any such pending or threatened legal or administrative proceeding. The limitations of this section shall not preclude CONSULTANT or any other persons from representing themselves in any action or in any administrative or legal proceeding. In the event CONSULTANT is permitted to utilize subcontractors to perform any services required by this Agreement, CONSULTANT .agrees to prohibit such subcontractors, by written contract, from having any conflicts within the meaning of this section. 9.11 CONTINOENCY FEE CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, 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 CONSULTANT, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For a breach or violation of this provision, COUNTY shall have the right to terminate this Agreement without liability at its discretion, or to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 9.12 MIE131Aj_ITY AND WAIVER OF BREACH COUNTY and.CONSULTANT agree that each requirement, duty, and obligation set forth herein is substantial and Important to the formation of this Agreement and, therefore, is a material term hereof. COUNTY's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. -�1- 01- 723 MM -1-316 •�e`_ ■ G 1 CONSULTANT shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Agreement. 9.14 SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or CONSULTANT elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 9.15 JOINT PREPARATION The parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 9.16 PRIORITY OF PROVISIONS If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 of this Agreement shall prevail and be given effect. 9.17 APPLICABLE LAW AND VENUE This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the state courts of the Seventeenth Judicial Circuit of Broward County, Florida. By entering into this Agreement, CONSULTANT and COUNTY hereby expresslywaive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. —12- 01- 723 \J No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and CONSULTANT. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicableto the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 9.18 above. 9.20 CERTIFICATION FF YEAR 2000 COMPLIANCE The Year 2000 (Y2K) issue primarily concerns (but is not limited to) the ability of data processing systems to process year -date dependent data accurately beyond the year 1999 without any decrease in functionality. By signing this Agreement, CONSULTANT certifies: 9.20.1 That all of CONSULTANT's resources which will be utilized or recommended in connection with this Agreement and which may have an adverse impact on County or this Agreement due to the passage of time from December 31, 1999, to January 1, 2000, and beyond are Y2K compliant, including without limitation any hardware, software, firmware, microcode, or imbedded technology; or 9.20.2 If any of CONSULTANTs resources which will be utilized or recommended in connection with this Agreement and which may have an adverse impact on County or this Agreement due to the passage of time from December 31, 1999, to January 1, 2000, and beyond are not Y2K compliant, CONSULTANT agrees to and shall change, upgrade, improve or otherwise modify such resources so that such resources are Y2K compliant on or before January 1, 2000. CONSULTANT shall include the requirements of this Section in all subcontracts and other agreements CONSULTANT enters into for goods or services provided for or -13- 01- 723 IN [s n provided in connection with this Agreement. 9,21 INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A" through "B" are incorporated into and made a part of this Agreement. 9.22 MULTIPLE ORIGINALS This Agreement ma be full executed i fd4 i y y n ur (j copes by all parties, each of which, bearing original signatures, shelf have the force and effect of an original documeht. [Intentionally Left Blank] r t 5 r k yr �a1 ^tzx r^ f 7 ,.-° - 'ky, t ?17 4✓' :Fs.$ ' l`S" r~4y' >rE :-i '✓ $i? s *?«�' � r'" t Y' fr„i+-�,.'r� A *M "$,r x e„ ,a a✓ Sir °k f a*5. a akR aSt#�ichr�w�xt4e#hr is 5 k' �'�.°`l • >t d�.� ':°a + sa}j +'",'i2Jt' r y,C" 6 "s le.e' ' " �a'�4 at.'". 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'i `�'� .�}a r,S .+' � + °' .td�' r � „ire s,-t'4�.#,.b id�,�i �,� � r. �. � �x at F� + h` e � s .�3 . is : �;? % � fit' �,.,1� n, : �E��' '�' £'�'�` •gz x` air ` x"S rr tsSe o , *9rs �, yy,,}i-Y- x`. `5f tk s s. 46•'4' m 3j '' �` �:6t +: +t .yam,�' rc$,k- r ,�r�� xrs A� st,t,,r�,fi*t>r �2 7 � �� rt t ✓� C4 Sz � r e- ,, it � + a'g `r�.. `"ai a ''tr 'fir �'}r �� . NOW c' ttt �. +,ua itR�.7yr` M }_ '�p�,^'+a,N��i��Wo x v�9u*.�'Ra ,(^y`yip, s��a. .,#- t s7.iY}b t r$ Y Mt Ceii�b P qa ++•r• {c�tf #� S.�i'. Y.I xp�bt"t Czit^h�1»t7�C' liS Y lrt�ily �S d �t*x Kk.""` 1,2E'Srtbts Y• 3±-X 5. h i3 �a,t * f- rP x t x tis r sux� �F4 z(4 1 Pti 1 A.,i 4 ,7 F ✓ t _ sk r'+T Jq-, 01— '723 E • IN WITNESS WHEREOF, the parties hereto have made and executed this Agree- ment on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by an4through its Chair or Vice Chair, authorized to execute same by Board action on the 23 i. ay of : L - 20_Q7_, and AMERICAN APPRAISAL ASSOCIATES, INC., sigtimg by and tfirough its 4eX&jdd=ye_ V, La , duly authorized to execute same. A courWAdministrator arKq-&-Offick Cle f the Board of County Commissioners of Broward County, Florida 0010 7AEATED � �y0firCs 2 p • OCT. 1 ST Iw�.vsrndr:1►onirom�MYr�' M - approved by Broward County Risk Management Division Offiffelfm COUNTY -15- BROWARD COUNTY, through its BOARD OF COUNTYCOMMISSIONERS By Chair Z34 eay of ,20 di V Approved as to form by EDWARD A. DION, County Attorney for Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 ,— CarolS.Wolff VU Assistant County Attorney 01— 733 • E AGREEMENT BETWEEN BROWARD COUNTY AND AMERICAN APPRAISAL ASSOCIATES, INC. FOR CONSULTANT SERVICES FOR FIXED ASSET ISSUES REQUIRED TO COMPLY WITH GASB 34 CONSULTANT AMERICAN APPRAISAL ASSOCIATES, INC. ES: / � -• ' ' - ,Vice President Printe Name:! Printed Name: klmWFUNATUMFErd Printed Name:-, (SEAT.) 01- 723 - 4✓ ?y M s f 1 !v� ✓ 3 ,t r � wol %�� /� 1 f Cry t t M i x r C X t l�0/00 � 12/11/00 1117/00 10/31/00 ` a (SEAT.) 01- 723 • EXHIBIT A E�3•I:1��7���i`1I��-� • CONSULTANT will provide services to and assist COUNTY and, more specifically, its Accounting Division in complying with the provisions of Governmental Accounting Standards Board (GASB) Statement Number 34 related to infrastructure assets. These services shall consist of the following. Assess the COUNTY's compliance plan, accounting controls and procedures over capital assets, and adequacy of the COUNTY's capital asset records. 2. Prepare a detailed project plan for delivery and review to the Contract Administrator. Completion date of steps 1 and 2 above : January 26, 2001 Maximum amount due upon delivery of steps 1 & 2: $21,750 3. Compile data in order to determine the nature of the COUNTY's infrastructure assets, and provide written recommendations regarding the classification of such infrastructure assets Into infrastructure networks to the Contract Administrator. 4. Analyze the nature of the recommended infrastructure networks and the available data for such networks and provide written recommendations to the Contract Administrator regarding the use of the modified approach as an alternative to depreciation of the recommended infrastructure networks. Completion of steps 3 and 4 above. March 16, 2001 Maximum amount due upon delivery of steps 3 & 4: $21,750 5. Identify, along with COUNTY staff, all capital assets that are not valued and reflected in the COUNTY's financial records. COUNTY staff will provide information regarding records and contact persons for such assets to CONSULTANT. CONSULTANT shall provide the Contract Administrator a written report with such identified capital assets 6. Assist COUNTY staff in valuing capital assets (expected to be infrastructure assets) that are not valued by obtaining cost information, capital expenditure records, replacement cost standards, or other accepted methodologies. 7. Provide, to the Contract Administrator a written assessment of the resulting complete capital asset valuation records and assist COUNTY staff in determining -17- 01- 723 • Exhibit A. continued • appropriate life and depreciation methods for those assets the COUNTY elects to depredate. S. Review the capital assets, life information, and calculated depreciation that the COUNTY's financial system reflects following the recording of the capital asset valuation data compiled above and provide a written report to be reviewed with the Contract Administrator. Completion of steps 6, 6, 7,8 above: April 13, 2001 Maximum amount due upon delivery of steps 5 through 8: $21,750 9. Discuss the results of this Project with COUNTY managers (including the Contract Administrator and the Broward County Administrator) and with the COUNTY's Independent auditors to the extent requested by COUNTY while on site, or via telephone. Provide a written report to the Contract Administrator summarizing the results and/or conclusions of the Project and discussions. Completion of step 8 above: Maximum amount due upon delivery of step 9: May 11, 2001 $7,250 The estimated maximum amounts due are based on the rate schedule set forth in Exhibit "B," attached hereto and incorporated herein. -18- ffffWJW 01- '723 � Fir � � r as' wF � G t+` � '.h 3 s� t 7.... Fero •� "`�-� S .tx a� a "skli�a'e,�rs ,t '�..�, "y`d#^#r". ";'�W, y�, �+'p'r�W laf�E3„�t�,+a:.ht3,.wr w" ,� xy&z��Rr Y'*e'i�,i",1 ky. :j �, -cpm. !'` S E,.•-> i +5 : s t-+�sk9 fiF �r` ta4,•��r J, �' "-�-�i"` �' ��v f is ,�, d`.""„e 's � tP.e :; ,� e sy0,f� j,w # �r ..� i ,« t -le � ��' L S*i -+�' �Fe , I'-y'L *i � i�D� � T�� 14 ' •�. -��. a � '" W�-'w �4� ,� ..�fy�4,} {.�` F4? Y'h1 u�� ,y tl'Pkx- s�tgzjj ��`1�•��n 't�}.t�+yc� .s. t.. .� N ��� `t`�Pi�,M�Y%t,) NAA 811 `7 y:4i�fi 4.� 7 tatr"'Y h`c L+ �i eek•"S+ r Jr i S'�^ � e b 8 *� r, "d- ;tt P a ` r 'max,. ><krt"' r 5 i .2 l x ..; �Y ' .3xs s r4 ",r �'✓ , k� fij sw n e6'Igg' rv.R•„�»* t sPk1 n r'S.,a 7;'ts �i�if A "9w�»+�' ?at "i:�'"^ Y ., s "%fie xfr ai,fi{5"rtr't`r''xa'P°'�•'�'t �$„rn r .A ^+s�. � � H..' t3 w"'✓sP �:#. 1'� v.i '` �' n7 s'S-. r� c a.. n \ �, - %, eye +� V "", . T r� i *n� -i, < L S .+� } :. •f -V. ,eu:9�. z ✓ e. e r ` 17 k 4r't: •aRy,� i37..rratr Z` V.a.:. 01- 723 RXHIBIT B TE SCHEDULE Y F' Per psis. . Per HOU "scant Appraiser S 640 80 Appraiser $ 800 $100 Senior Appraiser $ 960 $ 120 - Engagement Manager $1,200 $160 Senior Manager $1,400 $175 CONSULTANT shall provide Invoices pursuant to Section 4.2, of the Agreement, and Shall not exceed the maximum amounts due set forth in Exhibit "A." � Fir � � r as' wF � G t+` � '.h 3 s� t 7.... Fero •� "`�-� S .tx a� a "skli�a'e,�rs ,t '�..�, "y`d#^#r". ";'�W, y�, �+'p'r�W laf�E3„�t�,+a:.ht3,.wr w" ,� xy&z��Rr Y'*e'i�,i",1 ky. :j �, -cpm. !'` S E,.•-> i +5 : s t-+�sk9 fiF �r` ta4,•��r J, �' "-�-�i"` �' ��v f is ,�, d`.""„e 's � tP.e :; ,� e sy0,f� j,w # �r ..� i ,« t -le � ��' L S*i -+�' �Fe , I'-y'L *i � i�D� � T�� 14 ' •�. -��. a � '" W�-'w �4� ,� ..�fy�4,} {.�` F4? Y'h1 u�� ,y tl'Pkx- s�tgzjj ��`1�•��n 't�}.t�+yc� .s. t.. .� N ��� `t`�Pi�,M�Y%t,) NAA 811 `7 y:4i�fi 4.� 7 tatr"'Y h`c L+ �i eek•"S+ r Jr i S'�^ � e b 8 *� r, "d- ;tt P a ` r 'max,. ><krt"' r 5 i .2 l x ..; �Y ' .3xs s r4 ",r �'✓ , k� fij sw n e6'Igg' rv.R•„�»* t sPk1 n r'S.,a 7;'ts �i�if A "9w�»+�' ?at "i:�'"^ Y ., s "%fie xfr ai,fi{5"rtr't`r''xa'P°'�•'�'t �$„rn r .A ^+s�. � � H..' t3 w"'✓sP �:#. 1'� v.i '` �' n7 s'S-. r� c a.. n \ �, - %, eye +� V "", . T r� i *n� -i, < L S .+� } :. •f -V. ,eu:9�. z ✓ e. e r ` 17 k 4r't: •aRy,� i37..rratr Z` V.a.:. 01- 723 BOARD OF COUNTY COMMISSIONERS, BROWARD COUNTY, FL County Administrator's Office REQUEST FOR SUNSMNE ADVERTISEMENT From No. 001.7 01- '723 Agency Requesting Sunshine Advertisement Date 12/21/00 ACCOUNTING (John Pryor) Address ROOM 324 GOVERNMENTAL CENTER Contact Person/Contract Aciministratar Telephone JOHN PRYOR, ACCOUNTING D1ViSION 357-7140 Title of Committee/Board FUND ASSET ISSUES ' RLI#f0$1400-RB Date(s) Time(s) Location(s) Purpose 12/21!00 1:00 P.M. Room 324, GOVERNMENTAL RATIFY CONTRACT CENTER PRYOR ATWOOD DAMSON WOLFF THBl' AT MEISTER TOOICES ADMIN (SUNSHINE All) DOCUMENT CONTROL formsAll Requests for Sunshine Advertisement forms must be submitted to County Administrator's Office, 409 Governmental Center, at least ten days in advance of the meeting, or no later than Wednesday, 12:00 noon the week before the meeting. MINUTES OF THE MEETING OF THE SELECTION/NEGOTIATION COMMITTEE FOR FIXED ASSET ISSUES RLWO81400-RB Room 324 December 21, 2000, 1:00 P.M. The meeting was called to order at 1:05 p.m. by John Pryor. Committee members present were: John Pryorp Director, Accounting Division Barry Atwood, Aviation Finance Director Gary Davison, Assistant to the Director of Public Works Department Also presentwere Carol Wolff, County Attorney's Office, Thorsten Ackerson, Commission Auditor's Office, Mary Meister, Risk Management Division, Robin Upshaw, OEO, and Mary Male Accounting Division. Mr. Pryor stated that a quorum was present, and that the purpose of the meeting was to ratify the agreement for RLI #061400-RB. On motion by John Pryor, and unanimously carried by the Committee, the Committee approved the minutes of the October 24, 2000 Selection/Negotiation Committee Meeting. Mr. Pryor referred to the proposed agreement between American Appraisal Associates and Broward County. After discussion, a Motion was made by Mr. Pryor to approve the Agreement The Motion was seconded by Mr. Atwood and unanimously approved. There being no further business before the Committee, a Motion was made by Mr. Pryor to adjourn the meeting. Committee members seconded the Motion, and the meeting adjourned at 1:20 P.M. 01- 723 AGENDA FOR SELECTION/NEGOTiiATION COMWME MEETING FOR CONTRACT NEGOTIATIONS FOR RLI # 0814WRB - FIXED ASSET ISSUES December 21, 2000 1. CALL MEETING TO ORDER: A. Date, time and location. B. Purpose. C. Determine a quorum. D. Circulate sip in sheet. 2. MOTION TO APPROVE MINUTES OF LAST MEETING. 3. REVIEW AGREEMENT NEGOTIATED BY STAFF WITH VENDOR TO INCLUDE SCOPE OF SERVICES, FEES, AND TIME OF PERFORMANCE. 4. VOTE TO APPROVE THE AGREEMENT AND MAKE THE FIRM AN OFFER. A. Formal offier to the firm. B. Acceptance by the firm. S. THE AOREEMENT WILL BE PRESENTED TO THE DIRECTOR OF PURCHASING AND COUNTY ATTORNEY'S OFFICE FOR EXECUTION. 6. ADJOURN MEETING. ©1- 723 BOARD OF COUNTY CONMSSIONERS, BROWARD COUNTY, FL County Administrator's Office REQUEST FOR SUNSHINE ADVERTISEMENT Agency Requesting Sunshine Advertisement Date ACCOIJNTTNG (John Pryor) 11/27!00 Address ROOM 302A -GOVERNMENTAL CENTER Contact Person/Contract Administrator Telephone JOHN PRYOR, ACCOUNTING DIVISION 357-7140 B Title o[Committeeoard FIXED ASSET ISSUES RLI # 081400.RI3 Date(s) Time(s) Location(s) Purpose 11/30/00 1:00 P.M. ROOM 302A, GOVERNMENTAL NEGOTIATIONS CENTER PRYOR AT WOOD DAMSON THABIT MEIST>JR TOOKES WOLFF ADMIN (SUNSHINE AD) DOCUMENT CONTROL All Requests for Sunshine Advertisement forms must be submitted to County Administrator's Office, 409 Governmental Center, at least ten days in advance of the meeting, or no later than Wednesday, 12:00 noon the week before the meeting. 723 �J MEETING MINUTES SELECTION/NEGOTIATION COMMITTEE FOR FIXED ASSET ISSUES RLI#0131400-RB Room 302a, Government Center October 24, 2000 1:00 p.m. The meeting was called to order at 1:00 p.m. by John Pryor Committee members present were: John Pryor, Director, Accounting Division Barry Atwood, Aviation Finance Director Gary Davison, Assistant to the Director of Public Works Department Also present were Carol Wolff, County Attorney's Office, Thorsten Ackerson, Commission Auditor's Office, and Robin Upshaw, OEO. The following firms were represented during their presentations: Allied Appraisal Services, Inc. Pompano Beach, FL American Appraisal Associates Milwaukee, WI (headquarters) Grau & Company, P.A Boca Raton, FL Infrastructure Management Group, Inc.: Bethesda, MD KPMG (with American Appraisal): Ft. Lauderdale, FL Gary Maehl, ASA, President David Greenwalt, Managing Principal (Atlanta) Paul T. Hartnett, Vice President (Milwaukee) Robert J. Watkins, District Manager (Douglasville) Antonio J. Grau, CPA Daniel L. Dornan, PE, Vice President Jeff Climans, Valuation Specialist Eric Ospina, Senior Manager Mr. Pryor stated that a quorum was present, and that the purpose of the meeting was to hear presentations from each of the three short-listed bidders for RLI#0131400-RB, present questions and rank the 3 finalists (best = lowest score). Each bidder was allotted 15 minutes for their presentation, followed by a 10 minute question and answer session. After all presentations were completed, the Committee voted to rank the firms. The rankings are as follows: #1 American Appraisal Associates #2 Infrastructure Management Group, Inc. #3 Grau & Company, P.A. There being no further business before the Committee, a Motion was made by Barry Atwood to approve acceptance of the rankings, negotiation of a contract between American Appraisal Associates and Broward County, and adjourn the meeting. The meeting adjourned at 2:45 p.m. 01- 723 MINUM OF THE NEGOnATION MEETING FOR RLI S N14WRB - ASSET ISSUES A negotiation meeting was hold on November 30, 2000 in Room 302A of the Goverattal Coder to'oomider a draft contract prowiously prepared by the County Attorney's Office. The meeting began at l, p.m Present were: John Pryor, Accounting Division and Chair of the S/NC Cwol WolM County Attorney's Office Thorsten Ackerson, Commission Auditor's Office Robert Watkins, American. Appraisal Associates The draft Movement was discussed, and certain changes were agreed to by both patties. Ms. Wolff agreed to prepare a final draft for presentation to the SeleationwegodWon committed for consideration at a future meeting. The meeting was adjourned at approximatel}►1:45 pm. 01- 723 w 01- 723 11 MEMORANDUM TO: Roger De*rlais County mor THRU. 1 t r Phillip C40o-Aces Finance Department FROM: John Pryor, Director Accounting Division DATE: October 25, 2000 Aaoountlno Div%lon 115 S. Andrews Avenue, Room 221 (954) 357-7140 • FAX SUBJECT: Selection/Negotiation Committee for Fixed Asset Issues - RLI # 081400 -RB A SelectionlNegotiation Committee met on October 24, 2000 in meeting room 302A of the Government Center to hear presentations from previously shortlisted firms regarding the subject project. The SINC voted to rank the three firms (in order) as follows: 1. American Appraisal Associates 2. Infrastructure Management Group, Inc. 3. Grau & Company, PA If them are no objections within five (5) consecutive working days of this date, staff will begin negotiations with the Brat ranked firm. C v '- /ROWARV COUNTY wAW OF COUNTY COMMISSIONERS — An @qua OMftnity !T"r and PWVk1W at Sentoes Norman Abramowm Scott 1. Cowan Sutonne N. Guntbur9er W sten D. Jacobs Yens Lieberman Lori Nonce Parrish John E. Rodstrom. Jr. VIM us on the Internet: www.00Awo"m1J1.uNaacounBnp 01— 723 TIIIZ 010 i 1. CALL TO ORDER: A. Date, place and time of meeting. B. Purpose of meeting. C. Determination of a Quorum.. D. Circulate sign -in sheet. x Z. DETERMINE NUMBER OF FIRMS TO BE SHORIUSTED. Nomad County procedure is three, determined by having each member vote for their top Sve, than taking the top throe vote - getters. 3. VOTE. 4. AGREE ON PRESENTATION FORMAT: A. Date and time. B. Order of presentation. Alphabetioel? C. Length of presentation (standard pnu:dce is 15 minutes plus 10 minutes for quesdom). S. ADJOURN. 01- 723 • • MINUTES OF THE MEETING OF THE SELECTION/NEGOTIATION COMMITTEE FOR FIXED ASSET ISSUES RLI#081400-RB Room 514 October 11, 2000, 11:00 A.M. The meeting was called to order at 11:10 a.m. by John Pryor, Director of the Accounting Division. Committee members present were John Pryor, Bary Atwood, Aviation Department, and Gary Davison, Public Works Department, which constituted a quorum. Also present were Carol Wolff, County Attorney's Office, Thorsten Ackerson. Commission Auditor's Offioe, Tony Grau, Sr. Aled Hughes, Gary Mashl, David Greenwalt, Pamella Watson, Rod Harvey and Robin Upshaw, OEO.. Mr. Pryor stated that the purpose of the meeting was to shortlist responses to RLI #081400 -RB. Nine responses were being evaluated by the Committee. The Committee voted, and the following firms were shortlisted: American Appraisal Associates, Graus & Company PA, and Infrastructure Management Group, Inc. It was agreed that presentations by the above firms will be in alphabetical order on October 24, 2000, starting at 1:00 p.m. Each firm will be allotted a half hour. There being no further business before the Committee, a motion was made by Mr. Pryor to adjoum the meeting. 01- 723 • RESPONSE TO RLIODS1400-RB FIXED ASSET ISSUES LJ 8. 9. VRMAXIMUS 2875 PACES FERRY ROAD SUITE 215 ATLANTA GA 30339 WATSON 6 COMPANY P A 20401 NW 2ND AVE SUITE 300 MIAMI FL 33109 01— 7'23 r JOHN PRYOR - acassets.rli.wpd _ County Pun#lasiM Division _ REQUEST FOR LETTERS OF INTEREST RLI N 081400-RB i• Pursuant to the Broward County Procurement Code, the Broward Board of County Commis -stoners Invites qualified firms to submit Letters of Interest and Statements of Qualification and Experience for consideration to provide services on the following project FIXED ASSET ISSUES The supe of services shall Include, but not be limited to the following: Broward County seeks a consulting firm M assist the Accounting Division with fixed asset issues required to comply with a new accounting standard (GASB Statement No. 34). Consuttent will assist in determining steps necessary to comply with GASB 34, review the County's property management records and procedures, recommend classes of assets that can be considered networks, advise if the use of the modified approach may be used for any networks, identify assets that need to be valued and depreciated, and assist In determining asset values. SELECTION/NEGOTIATION PROCESS A Selection/Negotiation Committee (SING) has been appointed by the Broward County Administrator, and will be responsible for recommending the most qualified firm with whom to begin negotiation of an agreement for this project. It is anticipated, but not required, that the process for this procurement proceed in the following manner: REVIEW OF WRITTEN SUBMITTALS. Each firm should submit documents that provide evidence of capability to provide the services required for this project. Attached to this RLI is a list of evaluation factors that will be used by the agency staff to prepare an analysis of capability of each firm. This analysis is a tool that will be used by the S/NC in making its decision for short listing. Each short listed firm will be contacted via telephone and follow-up letter to advise of date and time for presentationslnterviews. THE COUNTY WILL NOT CONSIDER ORAL/WRITTEN COMMUNICATIONS, PRIOR TO THE CONCLUSION OF SHORT LISTING FIRMS, WHICH VARY THE TERMS OF THE SUBMITTALS. PRESENTATIONS17NTERVIEWS: The SMC will provide a list of subject matter for discussion. Each short listed firm will be given equal time to make presentations, but the question -and -answer time may vary. Recommendation to begin negotiations with the selected firm will be made by the S/NC and approved by the appointing authority. TECHNICAL STAFF PARTICIPATION: Technical staff will have only such authority as may be i tai— 723 JOHN I RYOR-.acassets.rli.wpd Broward Coun ► Purchasing Division _ 115 So. An*W* Aw.. Room 212 w , a delegated by the SMC. Without such delegated authority, technical staff serves purely in an information gathering capacity. The SMC may delegate authority to the staff to negotiate contractual terms and conditions with the selected vendor, and those negotiations are subject to Florida's Sunshine Law. SDBE GQ/)6S: Broward County hat; established a policy relating to Small Disadvantaged Business participation in all County contracts over $75,000.00, and other selected activities. Goals for this project are: NONE. [For additional information contact Madleen Tookes 19541 357-7800). INSURANCE REOUREMEML A sample Certificate of Insurance is attached and reflects the insurance requirements deemed necessary for this project by the Risk Manager. It is not necessary to have this level of insurance in effect at the time of submittal, but certificates indicating that the insurance is currently carried, or a letter from the Carrier indicating upgrade availability will speed the review process for the short listing. [For additional information contact Mary Meister [9541357-72101. CONF[DENIIAL a PROPRIETARY: Broward County Is subject to Chapter 119, Florida Statutes, the "Public Records Law." No claim of confidentiality or proprietary information in all or any portion of a response to the RLI will be honored unless a specific exemption from the Public Records Law exists and it Is cited in the response to the RLI. Any claimed exemption must be specifically identified by page and paragraph number(s). An incorrectly claimed exemption does not disqualify the vendor, only the exemption claim. GOVERNING LAW: Interested vendon; will agree that agreements shall be govemed by the laws of the State of Florida, and the venue for any legal action will be Broward County, Florida. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an offer to perform work as a consultant or contract with a public entity, and may not transact business with Broward County for a period of 36 months from the date of being placed on the convicted vendor list. DOMESTIC PARINERSWP PREFERENCE: The Broward County Board of County Commis-sioners reserves the right to apply a preference in the award of a contract to those firms providing for benefits to employeas' domestic partners and domestic partner:' dependents, and who certify to same on a form prescribed by the Purchasing Division. To be eligible for this preference, the firm must submit the certification form within 5 days after written request by the County, and in any case, prior to award. FUNDING: Funding for this project has been included in the recommended budget for the County's Fiscal Year 2000-2001. The budget is under consideration by the County Commission and is expected to be adopted prior to September 30, 2000. Funding is subject to the adoption of the budget by the Broward County Board of County Commissioners, and the appropriation of OJ- 723 M. I aeaseAt�e-di_wntf Pane Brovaird Cou Purchasing DNWston _ ns 90. �naewe aeon, sts the r000mmended funds. j i i FOR ADDITIONAL PROJECT INFORMATION CONTACT: John Pryor Accounting Division 954-357-7140 Interested firms should submit five (5) total copies of materials which indicate interest and qualifications to: Broward County Purchasing Division Room 212 Governmental Center 115 South Andrews Avenue Fort Lauderdale, FL 33301 ATTN: Bob Butler RLI# 081400 -RB F; All firms must submit their proposed engagement fees and billing rates along with their letter of I; Interest. The SMC will take into consideration the costs for the engagement prior to the final ranking. This RLI will be advertised in local newspapers on Aug 28, 2000. i Submittals MUST BE RECEIVED by the Purchasing Division no later than 5:00 pm on Sep 27, 2000. ELECTRONICALLY TRANSMITTED, AND LATE OR MISDIRECTED SUBMITTALS WILL NOT BE ACCEPTED. BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS i Attachments: 1. Evaluation Factors 2. Insurance Certificate (Sample) I i lmffl� 01- 723 Bmmrd County Punchasing Division (EVALUATION CRITERIA FOR REWJEST FOR LETTERS OF INTEREST 1t 051400-R8 The Latter of Interest (LOI) should address the following: Office location responsible for this project. List the responsible office's current and prior government clients, and briefly Indicate the type of services provided to them. Project manager and key personnel to be assigned to the project, including their experience and educational background and any certifications held. Evidence of satisfactory knowledge and experience of fixed asset record assessments and asset valuation determinations to encompass the scope of the County's assets. Knowledge and experience in working with local governments, and with the pronouncements of the Governmental Accounting Standards Board. Explain how your personnel that would be assigned to this engagement have been trained in the requirements of GASB 34. Briefly outline your approach and workplan for this engagement, including a proposed timetable. Three (3) year daimsftgation history and status. Any material received that Is not requested will be discarded. Bindery (except removable fasteners) in any form is not acceptable, nor are specially prepared covers, dividers, tables of content, organizational charts, reference letters, etc. The evaluations made as a result of reviewing the above information from each firm will be the basis for developing a shortlist of firms who will be scheduled to make presentations before the Oi- 723 OHN PRYOR soeasel&dl.wpd Selection/Negobadon Committee. ... . _ - Page CERTIFICATE OF INSURANCE FOR RU 0 0814004RB THE FOLLOWWNG COVERAGES ARE DEEMED APPROPRIATE FOR THIS PROJECT AND WILL BE REQUIRED OF THE SELECTED FIRM AND IDENTIFIED IN THE NEGOTIATED AGREEMENT. Co.Ltr. Type insurance Limits M Thousands Occur. Aggregate xGENERAL LIABILITYEa. x Comprehensive Bodily injury $ i x Premises -Operations Explosion/Collapse Property Damage $ $ Underground Hazard Products/Completad Operations Hazard Contractual Insurance Bodily injury a 11M $300 Broad Form Property Property Combined x Independent Contractors Personal injury Personal Injury = AUTO LIABILITY Bodily Injury $ Comprehensive Foran (Be Person) Owned Bodily Injury $ Hired (Ea Accident) Non Owned Property Damage $ Bodily Injury & $ Prop. Damage Combined EXCESS LIABILITY Umbrella Form Bodily Injury 3 1 ! i 01- 723 Browad C Nrchaiiina Division i Other than Un*mlla Properly Damage : Combined xwORKER'S COMP 3 EMPLOYER'S LIABIUTY $100 Ea. Accident i OTHER x Professional Liability Max. Deduct $26 Es. Claim $600, Certiticate gUd show (on general Nobility onlyi Additional insured: Brow ord County Board of County- rrarissloners, Browoard County, Florida. Should any of the above poNaiss ba aanceiad before expiration date, the Issuing company will mall S0 days written notioe to Sroward County Pow E 01- 723 • • BOARD OF COUNTY COMMISSIONERS. BROWARD COUNTY. FL County Administrator's Office KEVUK5T rum 5U145111NIK "VERT15EMEXI, Agency Requesting Sunshine Advcrtiscment Date ACCOLNMNO (John Pryor) 10/2/00 Address ROOM 514 GOVERNMENTAL CENTER Contact Person/Contract Administrator Telephone JOHN PRYOR, ACCOUNTING DIVISION 357-7140 Title of Committee/Board FIXED ASSET ISSUES RL#081400-RB Date(s) I Time(s) I Location(s) I Purpose 10/11/00 111:00a.m. I CREOOTMEF5t14, GOVERNMENTAL I SHORTLISIING PRYOR ATWOOD DAVISON THADIT MEISTER TOOKES ADMIN (SUNSW NE AD) DOCUMENT CONTROL AD Requests for Sunshine Advertisement forms most be submitted to County Administrator's Office, 409 Governmental Center, at least ten days in advance of the meeting, or no later than Wednesday, 12:00 noon the week before the meeting. Of- 723 0Purchasing Division 115 Andrews Avenue, Room 212 ', ;a' Fort Lauderdale, FL 33301 B D COUNTY (954) 357-8085 - FAX (954) 357-8535 MEMORANDUM DATE: August 17, 2000 TO: ROGER DESJARLAIS, County Administrator THRU: PHILLIP C. ALLEN, Director, Finance & Admin Svcs THRU: GLENN R. CUMMINGS, Director, Purchasing Division FROM: BOB BUTLER, SNC Coordinator SUBJ: SelectionINTegotiation Committee (S/NC) Appointment for Fixed Asset Issues, and approval of RLI # 081400 -RB The Accounting Division seeks assistance from a consulting firm to assist with fixed asset issues required to comply with a new accounting standard (GASB Statement No. 34). The consultant will assist in determing steps necessary to comply with GASB 34, review the County's property management records and procedures, recommend classes of assets that can be considered networks, advise if the modified approach can be used for any networks , and assist in determining asset values. This project is estimated to cost no more than $75,000.00, and the Procurement Code allows the County Administrator to appoint Selection/Negotiation Committees for such projects, and approve the RLI which eliminates the need for the S/NC briefing meeting. Recommend the committee consist of Director, Accounting Division Director, Aviation Finance Assistant to the Director, Public Works Department Plus, administrative support staff from the offices of the County Attorney, Commission Auditor, Equal Opportunity, Risk Management, Purchasing and the using agency. APPROVED DATE Atch - RLI # 081400 -RB BROWARD COUNTY BOARD OF COUNTY COMMISSIQNERa -An equal Opportun ft Empbyer and ProVWer of Qery1m Norman Abronowdz Soo4I. Cowan Susanna N GynOureer Ilona Lobe man Wil Nance PamM Vilubm D Jacobs John E Mglft a Jr WOW WWe Web: h&p://www.ce.6t9wwdAudpumhnkV 01-- 723 rZ1IiT:�7rr. United shales • • InNerNtlOnM AlfMia LOf Angtilts ''- Nglntra M?s tC Wtft Allant.M.n,A;ee ©•atil Rlowa:n BCf:en Mrneapol s Can&W Fhiq.o r44 Doak, K"w Orleans American Appraisal � C,lna ncn�gal C, vvie Kewvalk pp Sal Associates Crecf Rer war Hs:a cap Yvarlelahla OA' of Eng*,c �Soar C'""""" 3120 ornntiga Trail ofafte aroan Phic!Oni Douglasvile. Georgia 30135 hoft; xonq . haYnC Ce�VcRol-na W000eim H-, g Tu,kay peu7; ST :cis Office (8001266-0247 my vaoeruea Hxs; r sv 1"B".. . Fax (7705 920-1557 JAW. i vrr. Ansnnglan OC A ksnnvfe June 14, 2001 Mr. Scott Simpson Finance Director City of Miami Miami River Center, 6th Floor 444 SW 2nd Avenue Miami, FL 33233 Dear Mr. Simpson: American Appraisal Associates, Inc. ("AAA") is pleased to submit our recommendations and proposal relative to providing professional services to City of Miami (the "City") pertaining to GASB Statement 34 compliance and the management of City-owned property. Selection of a consulting firm to provide such a comprehensive and complex service requires careful consideration of a firm's size, capability, utility, expertise, reputation, financial responsibility and, most importantly; an understanding of GASB Statement 34 requirements and of the City's needs. AAA believes we meet the test of these considerations. AAA offers 104 years of experience in providing federal, state and local government clients with counsel on property value and property control. Taken together, AAA provides a unique combination of capabilities and experience particularly suited to this project. We are confident of our ability not only to provide the high level of quality services to the City, but to provide these services economically and expeditiously. AAA PROFILE We founded the appraisal profession in the United States in 1896. Today, American Appraisal Associates is the oldest and largest independent professional valuation firm in the world with global capabilities. Our staff includes over 1,000 employees in 65 offices throughout the world. American Appraisal Associates has only one business - valuation consulting - and we are committed to being the best in the industry. We are tenacious in maintaining the leadership in the profession we founded. The services provided by American Appraisal include appraisals of tangible and intangible assets, valuations of businesses and closely held stock, real estate appraisals, physical inventories and appraisals of machinery and equipment, and financial advisory and property management consulting services. Rc wthty w�ur V+u+irtc�w."' 1" 723 • • American Appraisal Associates Mr. Scott Simpson June 14, 2001 City of Miami Page Z PUBLIC SECTOR LEADERSHIP AND EXPERIENCE Throughout the Firm's history, American Appraisal Associates has had a continuing commitment to serving the public sector. For more than 30 years Public Services has been a leading specialized industry practice for American Appraisal. Our public services practice includes a professional staff that is dedicated to serving the public sector including federal, state and local governments, school districts, colleges and universities, and special purpose governmental entities. In support of our commitment to the public sector we have committed significant resources in staff to service our clients, in the establishment of industry -wide standards, and in educational forums including presentations, publications, and continuing education seminars. American Appraisal's national presence in the public sector is unsurpassed. No other appraisal firm can claim the depth of experience that is present at American Appraisal. The commitment of American Appraisal to the public sector is evidenced by our client list included in Appendix A. In addition. highlights of our involvement in the development of standards include the following: • Kevin McHugh, National Director for Governmental and Higher Education Services for American Appraisal Associates, serves on the GASB Capital Asset Task Force. Mr. McHugh is also a member of the GASB Statement No. 34 Implementation Guide Review Committee. • Various members of American Appraisal's management have spoken with numerous groups to discuss the impact of the development of accurate property management procedures. • American Appraisal has worked in partnership with accounting firsts and governmental entities to develop and implement industry -wide standards for the proper recognition of fixed assets. GASB STATEMENT NO, 34 On June 30, 1999, the Governmental Accounting Standards Board (GASB) issued Statement No. 34, Basic Financial Statements — and Management's Discussion and Analysis —,for State and Local Governments. The statement establishes new financial reporting standards for state and local governments including states, counties, cities, towns, villages and special purpose governments such as school districts and public utilities. American Appraisal has been a leader in the communication of the capital asset reporting requirements of GASB 34 to. governments. We have prepared the following outline of selected provisions of the Statement to assist Broward City relative to the proposed project. 01— '723 slflffwff • American Appraisal Associates Mr. Scott Simpson City of Miami 0 Overview Statement No. 34 established the following requirements for financial reporting: Management's Discussions and Analysis (MD&A) Basic Financial Statements - Government Wide Financial Statements - Fund Financial Statements - Notes to Financial Statements Required Supplementary Information (RSI) June 14, 2001 Page 3 GASB 34 also requires the utilization of the economic resources measurement focus and the accrual basis of accounting for financial reporting purposes. In addition, reporting for governmental and business -type activities should be based on GASB pronouncements as well as all pronouncements issued by November 30, 1989 by the following organizations: Financial Accounting Standards Board (FASB statements) Accounting Principles Board (APB opinions) Committee of Accounting Research (Accounting Research Bulletins) Effective Date The requirements of the statement are effective in three phases based on the government's total annual revenues as follows. Phase 1 (govenunents with total annual revenues of at least $100 million) — financial statements for periods beginning after June 15, 2001 (i.e. 6/30/02, 9/30/02, or 12i3l/02) Phase 2 (governments with total annual revenues of at least $10 million but less than $100 million) — financial statements for periods beginning after June 15, 2002 (i.e. 6/30/03, 9/30/03, or 12131/03) Phasc 3 (governments with total annual revenues less than $10 million) — financial statements for periods beginning after June 15, 2003 (i.e. 6/30/04, 9/30/04, or 12/31/04) NEW CAPITAL ASSET REPORTING REQUIREMENTS Overview GASB 34 is based on the premise that governmental entities have recorded the historical cost of all assets, other than infrastructure, in previous financial statements. Therefore, GASB 34 requires that the entity begin depreciating these assets in accordance with each asset's historical cost, age and remaining life. 01- 723 11011 "Gill, American Appraisal Associates Mr. Scott Simpson June 14, 2001 City of Miami Page 4 One of the most significant changes in an entity's financial statements, and certainly the most controversial, involves that infrastructure be reported at historical cost, net of accumulated depreciation. Infrastructure assets are long-lived capital assets that normally are stationary in nature and normally can be preserved for a significantly greater number of years than most capital assets. Capital assets should be depreciated over their estimated useful lives unless they are either inexhaustible (land and land improvements) or are infrastructure assets reported using the modified approach. Determining Major Infrastructure Assets At the infrastructure transition date, governments are required to capitalize and report major infrastructure assets that %vere acquired in fiscal years ending after June 30, 1980, or that received major renovations, restorations, or improvements during that period. In determining reporting responsibility, the governmental entity with the primary responsibility for managing an infrastructure asset should report the asset. A government should report the asset even if it has contracted with a third party to maintain the asset. Major infrastructure assets are those networks or subsystems with an estimated cost of at least 5% of the total cost of all capital assets reported in the first fiscal year ending after June 15, 1999. Reporting of non -major infrastructure assets is encouraged but not required. Establishing Capitalization at Transition The initial capitalization amount should be based on historical cost or estimated historical cost if the determination of historical cost is not practical. Estimated Historical Cost A government may estimate the historical cost of major infrastructure assets by calculating the current replacement cost of a similar asset and indexing the cost through the use of price -level indexes to the year of acquisition or estimated year of acquisition. Supporting Information for Estimated Historical Cost The following information may provide sufficient support for establishing initial capitalization. • bond documents used to obtain financing for construction or acquisition of infrastructure • expenditures reported in capital project funds • capital outlays in governmental funds • construction contracts • purchasing records • current replacement cost, indexed to date of acquisition O1- 723 American Appraisal Associates Mr. Scott Simpson June 14, 2001 City of Miami Page S Calculation of Accumulated Depreciation Accumulated depreciation should be based on historical cost (or estimated historical cost), salvage value (if applicable), acquisition date (or estimated acquisition date), useful life and years of service. Useful Lives In determining the estimated useful lives of capital assets including infrastructure, a government should consider an asset's present condition and how long the asset is expected to meet service demands, along with the following information: • general guidelines obtained from professional or industry organizations • information for comparable assets of other governments • other internal information Composite Depreciation Methods Governments may use composite methods to calculate depreciation. Composite methods represent the depreciation of a group of similar assets using the same depreciation rate. Initially, a depreciation rate is calculated based on an assessment of the useful lives of the group of assets. On an annual basis, the predetermined rate is multiplied by the aggregate cost of the group of assets in order to calculate the depreciation expense. As a result, there is no detailed record for accumulated depreciation by asset. However, total accumulated depreciation for the group of assets should not exceed the aggregate capitalized cost for the group. Modified Approach As an alternative to reporting depreciation expense, a government may elect not to depreciate infrastructure assets that are pan of a network or a subsystem of a network if the following two requirements are met: • The government utilizes an asset management system to manage the eligible infrastructure assets. • The government documents that the eligible infrastructure assets are being preserved at or above a condition level established by the government. To qualify for the modified approach, an asset management system must meet the following requirements: • Maintain an up-to-date inventory of assets in the infrastructure network or subsystem • Perform condition assessments of the network or subsystem assets at least once every 3 years and report the results of the last three complete condition assessments • Prepare an annual estimate of the amount required to maintain and preserve the network or subsystem assets at the established condition level 01- 723 GUTITNIONE • • American Appraisal Associates Mr. Scott Simpson June 14, 2001 City of Miami Page 6 If a government elects the modified approach, all infrastructure expenditures to preserve the useful life of the assets should be expensed. In addition, all infrastructure expenditures that extend the useful life or improve the efficiency of the assets should be capitalized. Effective Date Prospective reporting of general infrastructure asgets is required beginning at the effective dates of the Statement. Retroactive reporting of major infrastructure assets is encouraged beginning at the effective dates of the Statement. Retroactive reporting of major infrastructure assets is required effective in phases based on the government's total annual revenues as follows: Phase 1 (governments with total annual revenues of at least $100 million) — financial statements for periods beginning after June 15, 2005 (6/30/06 or 12/31/06) Phase 2 (governments with total annual revenues of at least $10 million but less than $100 million) — financial statements for periods beginning after June 15, 2006 (6/30/07 or 12/31/07) Phase 3 (governments with total annual revenues less than $10 million) — are encouraged but not required to retroactively report major infrastructure assets Conclusion The implementation of GASB 34 presents many challenges to governmental entities as financial statements are reconfigured to meet the new reporting requirements of GASB 34. American Appraisal has a significant amount of experience in assisting governments in the development of property records to comply with the capital asset reporting requirements of GASB 34. We are anxious to share our observations and expertise with the City of Miami. PROJECT APPROACH Our project approach, based on the scope of services as previously discussed are summarized as follows: (1) Prepare a detailed project plan in conjunction with the City's management and its auditors to outline the activities that are necessary to comply with the capital asset reporting provisions of GASB Statement No. 34. (2) Perform a diagnostic review of the City's accounting controls and procedures governing the management of capital assets including buildings and infrastructure. This will involve interviews of management, the use of questionnaires, and a data system review in order to access the adequacy of the City's capital asset records. oi- 723 • • American Appraisal Associates Mr. Scott Simpson June 14, 2001 City of Miami Page 7 (3) Compile data in order to determine the nature of the City's infrastructure assets and provide recommendations regarding the classification of infrastructure assets into infrastructure networks. (4) Analyze the nature of the recommended infrastructure networks and the available data and provide recommendations regarding the use of the modified approach as an alternative to depreciation of the recommended infrastructure networks. (5) Based on the diagnostic review and assessment performed in step (2), identify capital assets that need to be valued and depreciated. (6) Assist in the determination of capital asset values based on the availability of cost information, capital expenditure patterns, and general accepted appraisal methodologies. We anticipate that any assistance in the determinant of values will be limited to infrastructure. (7) Perform an inspection and appraisal of all City -owned buildings to determine historical value, depreciation and estimated useful life. VALUATION Infrastructure The fixed assets to be included in this proposed engagement are located throughout the City of Miami, and may include to the extent present, the following: Roads, Streets, Highways, Sidewalks, Curbs, Fire Hydrants Electrical, Gas, Irrigation, Drainage Distribution Systems Tunnels, Bridges, Guard Rails, Culverts, Monorails, Piers Parking Meters, Street Lighting, Traffic Lights/Signals, Signage All other assets including machinery, equipment, landscaping, and water/sewer enterprise assets will be excluded. Maintenance costs and fees will also be excluded. As stated on pages 11, 14 of the GASB 34 Implementation Guide, "a recurring cost that does not extend the assets original useful I{re or expand it's capacity -the cost of the project should be expensed in the period incurred. " Furthermore, as noted on the above pages of the Implementation guide 'filling and grading costs that ready land for the erection of structures and landscaping are not depreciable. " Buildings and Land Improvements For buildings, American Appraisal will perform a detailed appraisal with a physical inspection of each structure. Digital photographs of each structure will be taken. A data collection form will 01- 723 • American Appraisal Associates Mr. Scott Simpson June 14, 2001 City of Miami Page S also be prepared for each. The following components will be analyzed and valued as applicable for each building at each location: Occupancy/Usage Class of Construction Elevators Quality of Construction Floor Area/Cubic Area Perimeter Number of Stories HVAC Sprinklers Story Height Interior Construction Basement Construction Materials Plumbing Electrical Security Apparatus While inspecting site structures, we will also conduct an inventory of site ! land improvements and miscellaneous structures. Pertinent data regarding assets in these categories, i.e. paving, lighting, fencing, park improvements, below grade data communication systems, etc, will be recorded to permit assignment of value, scope and approach of this effort with the City's external auditors to ensure acceptability of results. Land American Appraisal will also research County and City records to identify land parcels owned by the Government Name, that serve specific governmental sites. In gathering the data we will: • Research the county Assessor's databases, and files to identify property owned by the City. • Utilize data gathered from our search to research deed information. Compile a data report indicating, as available, the following items: Parcel number Parcel address Date of sale Parcel size Estimated acquisition price • Any reference to other official records referred to in the deed, which may provide additional information. VALUES ASSIGNMENT Once our inventory is complete, we enter our costing and pricing phase. Utilizing the results of our inventory, the records you furnish and our own records and computer capabilities, we will assign an estimated original cost, year of acquisition, depreciable life and insurable value to each ©1- 723 American Appraisal Associates Mr. Scott Simpson June 14, 2001 City of Miami Page 9 controllable unit. -We will use the direct cost method only to the extent that auditable data is provided by the City of Miami for significant assets. In the absence of such data, and for all less than significant items. we will assign value using the normal costing method. Direct Costing - Inventoried assets will match a historical cost record and will be recorded at that amount, if possible. Normal Costing - When direct costing cannot be emploved to apply historical cost, the cost is estimated based on a current Cost of Reproduction New indexed by a reciprocal factor of the price increase from the estimated date acquired to the appraisal date. GAAP states "... it may be impossible or time-consuming to reconstruct the actual cost of the property. GAAP states "... fixed assets should be accounted for at cost or, if the cost is not practicably determinable at estimated cost..." (Section 2.12 of HBJ MILLER Governmental GAAP Guide 1999). Standard Costing - Inventoried property units/groups not reconciled to an existing furnished historical record will receive an estimated cost based on a Standard Cost; which is a known average installed cost for a like unit estimating acquisition date. The unit's age is estimated based on factors such as observed condition, manufacturer's name, model, serial number and age of the subject asset. Standard costs for many equipment items are available from our files and records. Appraisal Reporting - We will provide a Summary Appraisal Report, intended to comply with the reporting requirements set forth by the Uniform Standards of Professional Appraisal Practice ("USPAP") for a Summary Appraisal Report. As such, the report will present only summary discussions of the data, reasoning, and analyses used in the appraisal process to develop American Appraisal's opinion of value. Supporting documentation concerning the data, reasoning, and analyses will be retained as a part of our work papers. The depth of discussion contained in the report will be specific to your needs as the client and for the intended use stated below. American Appraisal is not responsible for unauthorized use of its report. You confirm that the purpose, your intended use of the report will be for property accounting and GASB Statement 34 compliance purposes. In addition to the Summary Appraisal Report, we will provide a full compliment of reports (in duplicate) reflecting the results of American Appraisal's investigation including the following: • Property Accounting Ledger • Certificate of Valucs All reports are laser printed on 8-1/2 x 11" paper. ©1- 723 American Appraisal Associates Mr. Scott Simpson June 14, 2001 City of Miami Page 10 TIMING Because of our size, American Appraisal has the resources and flexibility to adjust our schedule to best suit the specific timing requirements of the City of Miami. We will work with you to arrive at a mutually convenient schedule. Completion of projects such as this usually takes approximately 8 to 12 weeks. However, the timetable is dependent on the support of the City and, in particular, the availability of data and accessibility of management. We expect that we will have access to the appropriate City personnel during the conduct of this study and that the City will assign appropriate representatives of the Finance Department for coordination and interface with our team. In addition, it is our practice to commence the engagement with a kick- off meeting to discuss the project plan and to conclude the engagement with an exit conference to summarize our recommendations. To the extent that the City requires special research or additional consulting projects where fees will be charged, we will advise of the nature and extent of our service in advance and be sure we have a written agreement with you on fees. We will clearly define projects and provide price estimates. In this way, we can place boundaries around the project, evaluate its overall cost, judge whether the use of internal resources on the project team could provide sufficient savings to divert them from nom:al daily operations, and judge whether the potential benefits of the project will justify the cost. ENGAGEMENT TEAM Personnel from our Atlanta and Milwaukee offices would be responsible for this engagement. The persons selected have the professional experience and specialized skills necessary to provide the highest possible caliber of engagement service. Vice President Paul Hartnett is the Vice President in charge of our Property Appraisal Services Group. He has over 16 years of public accounting experience in providing auditing and consulting services to government, higher education, and not-for-profit organizations. Mr. Hartnett will be ultimately responsible for the quality and execution of all services provided to Broward City and will be available to management to discuss pertinent issues and concerns. Technical Resource Kevin McHugh, Vice President with AAA and National Director for Governmental and Higher Education Services, will serve as the technical resource and consortium manager for this project. Mr. McHugh is a member of the GASB Capital Asset Task Force and a member of the team that wrote the GASB Statement 34 Implementation Guide. He speaks regularly for national organizations such as GFOA, NASACT and NACUBO. For this engagement, he will assist the team in addressing any technical issues that may arise during the course of the project. Ile has approximately 20 years of experience in the area of providing professional property management and appraisal services to governmental entities. 01- 723 American Appraisal Associates Mr. Scott Simpson June 14, 2001 City or Miami Page, 11 Engagement Manager David Greenwalt, Assistant Nice President, is in charge of AAA's Public Service Practice in our Atlanta office. I le has over 16 years of experience in providing professional appraisal consulting services. Mr. Greenwalt will oversee the day to day activities and will have primary responsibility for administering the engagement including the development of the project plan, supervision and review of all phases of the engagement, and reporting our recommendations. Client Service Manager Robert Watkins, District Manager, is in charge of public services practice development in the southeast region. Mr. Watkins will be responsible for the coordination of all services provided to the City and will be available to discuss the City's interest in any additional services. All of the above members of the engagement team have attended numerous courses on GASB Statement 34 and are trained on its implementation. PROFESSIONAL FEES Based on our understanding of the scope of this project, we estimate that our fees will be S70,000 including expenses. Relative to buildings, we understand the City owns and maintains 225 building consisting of 3.8 million square feet. Should the number of buildings appraised exceed 225, we will notify you immediately concerning the additional work effort and appropriate fees. This fee is based on our estimate of professional services to be furnished according to our understanding of your requirements and are in no way contingent upon the outcome of our conclusions. Fees include professional time for planning and executing the work through, and including, our final report. Expenses include those costs for such items as office and report processing, travel, living, computer charges, postage, and copying which are directly incurred by our staff while executing the work. It is understood that our fees will be net of any applicable remittance or withholding taxes; any such applicable taxes will be the responsibility of the City of Miami. American Appraisal will invoice you for professional services rendered. Invoices are payable by the City of Miami upon receipt and will be issued as the engagement progresses as follows: 40% at authorization 50% at completion of field work 10% at delivery of final report We have not inspected the property, but have based our fee estimate on data you provided. Should our initial inspection reveal that, in our judgement, additional professional effort will be iii.- '723 6r9TOOm- American Appraisal Associates Mr. Scott Simpson June 14, 2001 City of Miami Page 12 needed to complete the work in accordance with our agreed upon specifications, we will notify you immediately. We reserve the right to withhold delivery of our final report if, when ready for delivery, any previously issued invoice remains unpaid. In the event that you issue a purchase order to us covering this engagement, it is agreed that such purchase order is issued for purposes of authorization and your internal use only, and none of its terms and conditions shall modify the terms and conditions of this letter and/or related documentation, or affect either party's responsibility to the other party as defined in this letter. You have the right to terminate this assignment at any time, in which case there will he no further obligation on the part of either party to continue. In such event, you will be billed only for the actual time and charges accumulated through the date of cessation. GENERAL SERVICE CONDITIONS The service(s) provided by American Appraisal Associates, Inc. will be performed in accordance with professional appraisal standards. Our compensation is not contingent in any way upon our conclusions. We assume, without independent verification, the accuracy of all data provided to us. We will act as an independent contractor and reserve the right to use subcontractors. All files, work papers or documents developed by us during the course of the engagement will be our property. We will retain this data for at least five years. Our report is to be used only for the purpose(s) stated herein and any other use is invalid. No reliance may be made by any third party without our prior written consent. You may show our report in its entirety to those third parties who need to review the information contained therein. No one should rely on our report as a substitute for their own due diligence. No reference to our name or our report, in whole or in part, in any document you prepare and/or distribute to third parties may be made without our prior written consent. You agree to indemnify and hold us harmless against and from any and all losses, claims, actions, damages, expenses or liabilities, including reasonable attorneys' fees, to which we may become subject in connection with this engagement. You will not be liable for our negligence. Your obligation for indemnification and reimbursement shall extend to any controlling person of American Appraisal Associates, Inc., including any director, officer, employee, subcontractor, affiliate or agent. We reserve the right to include your company/firm name in our client list, but we will maintain the confidentiality of all conversations, documents provided to us, and the contents of our reports, subject to legal or administrative process or proceedings. These conditions can only be 01- 723 • American Appraisal Associates Mr. Scott Simpson City of Miami E June 14, 2001 Page 13 modified by written documents executed by both patties. American Appraisal Associates is an equal opportunity employer. Environmentgl Policy We will make no investigation of, nor assume any responsibility for, the existence or impact of any hazardous substance, which may or may not be present on the property, in the development of our conclusion. However, if in the course of our investigation, we are informed of or observe any hazardous substance problems with the property, we will note them in our report. MCLUSION Thank you for the opportunity to serve the City of Miami. Should you have questions or would like additional information, please do contact me at (800) 266-0247. We look forward to meeting all your valuation needs. Very truly yours, A(Jm,n�e/�rican App1rais�ra/,l�?AssooLciatfs Robert J. Watkins District Manager R,1 W/rdh ACKNOWLEDGMENT This proposal is provided in duplicate: if it correctly reflects your understanding of our agreement and you wish to proceed, please confirm so by signing and returning one copy. Please note, we will be unable to deliver any conclusions, verbal or written, until we are in receipt of this acknowledgment. To avoid delays in delivery, you may wish to fax the signed acknowledgment to (770) 920-1557. Thereafter, please forward the original to us. Client of Record: CITY OF MIAMI Signature: Name: Title: Date: ummu 01- 723 ITEM: DEPARTMENT: TYPE OF PURCHASE: REASON: Consulting Services Finance Contract The Department of Finance has a need for consulting services to assist with fixed asset issues required to conform with new accounting standard board (GASB Statement No. 34). RECOMMENDATION: Approval is recommended for the procurement of consulting services from American Appraisal Associates under existing Broward County, Florida RLI No. 801400, effective through September 30, 2001, provided, however, if the term of this Agreement extends beyond a single fiscal year of the City, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds, for the Department of Finance, in the amount of $75,000; allocating funds therefore from Account Code No. 001000.260201.6.280. A WARUPALMBEACHCOUNTYCheirs KfIirM= Directcv of • �t 1 Ot- '723