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HomeMy WebLinkAboutReso 2007-1129 RESOLUTION NO. 2007---1l.1:....9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A CONSULTANT AGREEMENT WITH AMERICAN APPRAISAL ASSOCIATES, INC., IN THE AMOUNT NOT TO EXCEED " THIRTEEN THOUSAND TWO HUNDRED SEVENTY-FIVE DOLLARS ($13,275.00), ATTACHED HERETO AS EXHIBIT "A", TO DEVELOP A COMPREHENSIVE REPORT COVERING THE CAPITAL ASSETS OF THE CITY AND TO ASSIST IN MEETING THE REPORTING REQUIREMENTS OF THE , GOVERNMENTAL ACCOUNTING STANDARDS BOARD'S (GASB) STATEMENT NO. 34 AND INSURANCE PLACEMENT; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO \ ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach is in need of a professional valuation consultant to develop a comprehensive report covering the capital assets of the City and to assist the City in meeting the reporting requirements of the Governmental Accounting Standards Boards' (GASB) Statement No. 34 and insurance placement; and WHEREAS, in conjunction with that effort the City wishes to retain American Appraisal Associates, Inc., in an amount not to exceed Thirteen Thousand Two Hundred Seventy-Five Dollars ($13,275.00), attached hereto as Exhibit "A", to perform these services; and WHEREAS, American Appraisal Associates, Inc. has expressed that it has expertise to perform these services, subject to the terms and conditions contained in the Consultant Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Consultant Agreement. The Consultant Agreement with American Appraisal Associates, Inc., to develop a comprehensive report covering the capital assets of the City and to assist the City in meeting the reporting requirements of the Governmental Accounting Standards Boards' (GASB) Statement No. 34 and insurance placement, in an amount not to exceed $13,275.00, attached hereto as Exhibit "A", be and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. R2007 - American Appraisal Associates, Inc. I r Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 19th day of July 2007. , ,~. / , . . l>ATTE~T:/i 1'(' ~'. -'~\ ~l'L t. ~.... . Jane A.,Hm<?s~.GMC, CIty Clerk Moved by: Seconded by: Vote: 5-0 Mayor Ede1cup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias ~(Yes) V1Yes) ~Yes) ~Yes) ~(Yes) R2007- American Appraisal Associates, Inc. '-flee. iY\~Oy lHA1-tJc Co~,ot\Q.y GCD~WvIt1J _(No) _(No) _(No) _(No) _(No) 2 CITY OF SUNNY ISLES BEACH AMERICAN APPRAISAL ASSOCIATES, INC. CONSULTANT AGREEMENT CONTRACT NO: C0607-084 THIS CONTRACTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in triplicate, this ,q~ay of TlJ\~ ' 200.:1, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereina er referred to as "City"), and AMERICAN APPRAISAL ASSOCIATES, INC., (hereinafter referred to as "Consultant") whose Federal I.D. # is RECIT ALS WHEREAS, the City is in need of a professional valuation consultant to develop a comprehensive report covering the capital assets of the City and to assist the City in meeting the reporting requirements of the Governmental Accounting Standards Board's (GASB) Statement No. 34 and insurance placement, ("Services"), as more fully described in Attachment "A"; and WHEREAS, the Consultant represents that it has expertise to perform these Services; and WHEREAS, the City desires to retain Consultant to perform these Services in a total amount not to exceed Thirteen Thousand Two Hundred and Seventy-Five Dollars ($13, 275.00). NOW THEREFORE, in consideration of the foregoing and for the mutual covenants, representations and warranties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: I. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. 2. CONSULTING SERVICES. Consultant shall provide to the City a detailed capital asset record, develop a project work plan, conduct an inventory of assets, and prepare final and status reports, as more particularly described in Attachment "A" attached hereto and made a part hereof. 3. TERM. Subject to the provisions relating to the termination of this Agreement as set forth in Paragraph 8 hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end upon the completion of Services described in Attachment "A", and may be extended as necessary, in writing by the parties hereto. 4. COMPENSATION. Payment to Consultant for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges reflected in Attachment "A" in a total amount not to exceed Thirteen Thousand Two Hundred and Seventy-Five Dollars ($13,275.00). Thirty percent (30%) of this total amount, Three Thousand Nine Hundred and I C0607 -084 American Appraisal Associates, Inc. Consultant Agreement 1"';1." ~ ," 0'''' '.) City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Eighty- Two Dollars and Fifty Cents ($3,982.50) is payable to Consultant upon commencement of Consultant's field investigation. The remaining Seventy percent (70%) of the total amount incurred shall be submitted as incurred by the Consultant as invoices on a monthly basis within ten (10) days following the end of each calendar month. City shall pay Consultant only for Services actually performed. The Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. 5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Consultant is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the parties shall be construed to constitute or to render the Consultant an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City, Consultant shall be responsible for any and all of its own expenses in btCtf-t dA... performing its duties as contemplated under this Agreementt The City shall not be ~ r w\t.e.- responsible for any expense incurred by the Consultant. The City shall have no duty to proIJitl.J J l\A.. withhold any Federal income taxes or pay Social Security services and that such obligations a.\to.chlMtw\- A. shall be that of the Consultant, other than those set forth in this Agreement. Consultant shall Irs furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 6. r(.~W'-ts 0 r c>+zu" WCN'l::.- OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documcftt~ prepared by ~r~.duc~101t the Consultant pursuant to this Agreement and related Services to this Agreement are ;d\Jtvo.. ~. intended and represented for the ownership of the City only. Any other use by Consultant or other parties shall be approved in writing by the City. If requested, Consultant shall deliver the documents to the City within fifteen (15) calendar days. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its officers, agents, and employees from, and against, any and all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, economic or h-tJ...e.L)<kt bodily injury, wrongful death, loss of or damage to property, at law or in equity,j'Which may co..u.'i.ed ~ frfis@ or may be allcgcd to havc riscn from the negligent acts, errors, omissions or other ItS. wrongful conduct of the Consultant, agents or other personal entity acting under Consultant's control in connection with the Consultant's performance of Services pursuant to that Agreement and to that extent the Consultant shall pay such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses including wrongful termination or allegations of discrimination or harassment, and shall]3ay- all costs and attorneys' fees expended by the City in defense of such claims and ~ ro Q'("h.CM.A.~ losses including appeals), The parties agree that ten percent (10%) of the total compensation ~~U Alrlc~ is a specific consideration from the City to the COI1sultant for this indemnity. {h-ikW{ to ~Ikti v-.u.t.:~ ex- 0,UbJ wUs~r ~ A. Mta.1 ~~j~t:M.,:t I~. tl ~r+- o+- ('l.e.~ . {1 J - -0. 'c.rtS olicttCAA.. C0607-084 American Appraisal Associates, Inc. Consultant Agreement f6 . fL\~IM.\fS.G 7. ; ,\ I, I .... City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 8. TERMINATION. A. If, through any cause within reasonable control, the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the Agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub consultant(s)) shall be delivered to the City and the City shall compensate the Consultant for all Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Nothwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Consultant and the City may reasonably withhold payment to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Consultant ten (10) days written notice. The terms of Paragraphs A(i) and A(ii) shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 9. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion 3 C0607-084 American Appraisal Associates, Inc. Consultant Agreement City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. I O. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. II. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the tenn of this Agreement or any time for a period of TEN (10) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose .to any person or ~ntity, ot?er tha.n in the ?ischa:ge of t?e d~t~es of the Consul.tant # t- ~ under thIS Agreement, any mformatIOn whIch the CIty deSIgnates m wntmg as "confidentlalf n1~<,d I.H... As a violation by the Consultant of the provisions of this Section could cause irreparable \~ . (j injury to the City and there is no adequate remedy at law for such violation, the City shall ~ '''or have the right, in addition to any other remedies available to it at law or in equity, to enjoin oW the Consultant in a court of equity for violating such provisions. 12. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by registered or certified mail, return receipt requested and, if intended for City to A. John Szerlag, City Manager with a copy to Hans Ottinot, City Attorney, at City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, and if intended for the Consultant, shall be addressed to Lori Flemming, Director, American Appraisal Associates, Inc., 8833 Westmoreland Lake Drive, Cornelius, North Carolina, 33780, Telephone (704) 439-2515. Mobile (704) 953-9780. 13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida. 14. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of THREE (3) years. 15. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other 4 C0607-084 American Appraisal Associates, Inc. Consultant Agreement City of Sunny Isles Beach ] 8070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax handicap, age, marital/familial status, or status with regard to public assistance. The Consultant will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 16. CONFLICT OF INTEREST: The Consultant agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirectly which should conflict in any manner or degree with the perfonnance of the Services. The Consultant further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Consultant. No member of, or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising therefrom. 17. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document. 18. ENTIRE AGREEMENT. This Agreement and Attachment "A", which is expressly incorporated herein by reference, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by a writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. (The remainder of this page has been intentionally left blank.) 5 C0607 -084 American Appraisal Associates, Inc. Consultant Agreement . 1 "! City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in triplicate on the day and year first written above, WITNESSES: AMERICAN APPRAISAL ASSOCIA ' , IN BY: (JJ ~ Chm QJ~~ouill1 . , l~ ,,/,;. I. (..'__ /\:F:E~~,,:: .,. ryBY;~': A: ~ '-: ;,:J'.lne A,'fIihes, C~&C, City Clerk . . '! T , . \ ;' " I " FORM AND (" ., ~ .'''' Q~' .' BY: 6 C0607-084 American Appraisal Associates, Inc. Consultant Agreement t,'D n f(5) J) U 1,',\ , . J American Appraisal Associates(~) IMPLEMENTATION OF GASB 34 CAPITAL ASSET REpORTING FOR: CITY OF SUNNY ISLES BEACH May 18, 2007 Submitted by: Lori Flemming Director American Appraisal Associates, Inc. 8833 Westmoreland Lake Drive Cornelius, North Carolina 33780 Phone: (704) 439-2515 Fax: (704) 439-0384 Mobile: (704) 953-9780 Email address:lflemming@american-appraisal.com , '\ Attachment" A" American Appraisal Associates United StMes Intern<1tiotli11 American Appraisal Associates:!'; 8833 Westmoreland Lake Drive Cornelius. Nortn Carolina ;>13031 Teiepllone (704) 439.251~, Mobile (704) 953.9780 Fax (704) 439.0384 www.arnencan-appralsal.com Founded in 1896 May 18, 2007 Mr, Doug Haag Assistant City Manager - Finance City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Re: Comprehensive Proposal for Implementing GASB 34 Capital Asset Reporting and Insurance Placement Dear Mr. Haag: American Appraisal Associates, Inc. ("American Appraisal") is pleased to provide this proposal for professional valuation consulting services, The purpose of our work will be to develop a comprehensive report covering the capital assets of the City of Sunny Isles Beach (the "City") to assist you in meeting the reporting requirements of the Governmental Accounting Standards Board's (GASB) Statement No, 34 and insurance placement. . BACKGROUND AND PURPOSE On June 30, 1999, the Governmental Accounting Standards Board (GASB) issued Statement No, 34, Basict''''inamial Statement.r - and Management'.r DiJm.r.rion and /lna!ysz:r - for State and LL}(al Govemments, 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 will develop a detailed capital asset record to assist the City's need to: (a) achieve property accountability and stewardship of assets, (b) obtain a valuation of assets in compliance with the requirements of GAAP, GASB 34, and GAAFR, (c) provide data to assist you in monitOrIng assets, and (d) insurance placement. City of Sunny Isles Beach 2 May 18,2007 25115-iJ7.1127 ) American Appraisal Associates THE CITY'S RESPONSIBILITIES 1, Provide a list of all property to be included in the assignment, along with physical location/street address, on-site property contact/ department liaison, and telephone number. 2, Identify a representative of the City to serve as the primary on-site contact and liaison between the city and American Appraisal. 3, Provide copies of any prior fixed asset listings, including schedules of infrastructure assets, in hard copy and electronic media, 4, Provide complete and open access to all designated areas including security escorts for security-sensitive areas, AMERICAN ApPRAISAL'S RESPONSIBILITIES 1, Develop a project work plan for approval by the City prior to commencement of our field investigations. 2, Conduct an inventory of the assets, 3, Prepare final reports. 4. Provide status reports as to our progress, or challenges, incurred throughout the study from start to delivery, QUALIFICATIONS AND EXPERIENCE American Appraisal, founded in 1896, is the world's largest valuation consulting firm with one of the largest dedicated full-time professional staff dedicated to serving the Public Services community within the valuation industry, Valuation consulting is our only business, Neither American Appraisal, nor any of its subsidiaries, performs accounting or bookkeeping related services, It is our commitment to maintain total independence and protect our clients from any concerns of a "conflict of in teres t" with their auditors, Upon completion of the project you will be asked for your opinion on the services provided because quality service is, and will continue to be, the primary focus of American Appraisal Associates, We regard our clients as the best judges of quality service, In support of our commitment to the public sector we have committed significant staff resources in- house to service our clients, in the establishment of industry-wide standards, and in educational forums including presentations, publications, and continuing education seminars. City of Sunny Isles Beach 3 May 18,2007 25115.117.1127 " " \\ \ "\ \~. -- . , American Appraisal Associates PROJECT TEAM Professionals assigned to this project will involve several levels of management: executive review, project manager, contract manager, and the appraisal staff: The project staff will include: Executive Review: Gary M, Soucek Assistant Vice President/Managing Principal Contract Manager: Lori Flemming Director, Property j\ppraisal Services Group The above professional staff members will have overall responsibility and are key personnel to the successful completion of the assignment. Specific appraisal staff assignments may vary depending upon current availability at the time of the authorization to proceed with this project. TECHNICAL APPROACH The capital assets to be included in this engagement are located in three (3) City-owned facility sites and structures, as reported by the City. The property includes the City Hall, Public Works Building and the Library, The facilities include Capital Assets, which comprise typical municipal occupancies, General assets included in the development of the comprehensive fixed asset model include: ~ Land ~ Land Improvements ~ Buildings and Building Improvements ~ Moveable Equipment ~ Infrastructure Excluded from the services provided by this proposal are: ~ Assets Below the $1000 Capitalization Threshold ~ Leased Equipment - Operating ~ Assets in or at locations that are considered as not easily accessible or identified locations within the proposal ~ Personal Property of Employees or Others ~ Vehicles ~ Supplies/Expendable Inventories ~ Historical Treasures When equipment is not easily accessible, we will consult with you to gather the information, or the assistance, needed to perform American Appraisal's inventory, City of Sunny Isles Beach 4 May 18, 2007 2505-07 .027 Amencan Appraisal Associates If desired, library books, radios, computer software, fine arts and historical treasures, and licensed vehicles ("Special Assets") can also be incorporated into the record, based on information supplied by the City, This information must be provided to A.merican Appraisal during the initial field inspection to be included in the reports, We will not inspect, tag or value any of the Special Assets identified by the City, ENGAGEMENT METHODOLOGY Land Land will be included based on the data provided to us by the City, As a part of this engagement, we will conduct a cursory review of the data. If the data is not available or sufficient, for an additional fee of $125 per parcel, American Appraisal will research City records to identify the City's owned land assets. In gathering this data, we will: . Research the County Assessor's databases and files to identify land owned by the City; . Utilize data gathered from the County Assessor's office to research deed information; . Compile a data report indicating, as available, the following items: · Parcel Number · Date of Sale · Parcel Size · Estimated Acquisition Price · Street Address when available · Other pertinent data such as: o Any reference to existing improvements o Any reference to other official records referred to 10 the deed, which may provide additional information, Upon completion of the identification process we will meet with you and your external auditors to discuss American Appraisal's findings, At that time, we will be prepared to discuss the materiality of developing the historical costs for parcels for which acquisition costs were unavailable, Land Improvements 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. City of Sunny Isles Beach 5 May 18, 2007 25115.117 .1127 American Appraisal AssocIates Buildings The appraisal will include an inspection of all City-owned buildings that are included on the supplied Schedule of Properties to be appraised, The inspection will include a tour of the premises, the recognition and recording of various components of construction, measuring and photographing the buildings, preparing an inventory of the fixed eguipment, and preparing a map of the site, Site maps will be reguested to assist the appraisal team in determining the identification and location of buildings. Upon the completion of the building inspection, the buildings will be compared to your current property records to assure the consistency in data elements such as date and cost of original construction, as well as any significant renovations and additions or improvements to the designated buildings, Individual buildings where this information is not provided \vill be estimated utilizing accepted appraisal procedures, The methodologies to be utilized to assign a cost and depreciation for each building will be Direct and Normal Costing, as defined within the costing methodology section of this proposal. Moveable Equipment A detailed inventory of moveable eguipment will include a physical inspection of all owned eguipment with a unit cost in excess of the $1000 capitalization policy, Floor plans will be reguired to assist the inventory team in assuring that no areas are missed, Location and department will group assets less than $1000 for insurance purposes, American Appraisal can provide plastic bar coded asset tags or utilize tags that you supply, Our tags will be Plastic (polyester) labels, Code 39, and the approximate size will be 1" x 2", We will plan to apply these tags to each capital asset and record the tag number as part of the asset's data record, Should you decide that American Appraisal will provide the tags, you will be responsible for the extra cost. It is important to note that we will not be performing a detailed reconciliation to the City's existing fixed asset ledger. Infras tructure American Appraisal will reguire access to certain information currently maintained by the City regarding infrastructure assets to be appraised. This information will include: Asset Classes (roads, bridges, lighting, ete.) Quantitative (lane miles, sguare feet, etc,) Description of the Asset Location Information Historical Cost Date of Acguisition The designated infrastructure assets that will be included are as follows: . . . Roads or Highways Alleys Drainage systems Parking Meters Canals/Waterways City of Sunny Isles Beach . 6 May 18, 2007 25115.117.1127 Amencan Appraisal Associates . Seawalls Traffic Lights . American Appraisal will value the City's infrastructure, as identified above, American Appraisal will require data from the City which may include maps, CADs, pavement management systems, highway bid specifications and GIS system, as appropriate, American Appraisal will assign dates of construction, depreciable lives and original cost estimates consistent with the methodology promulgated in the Statement. American Appraisal will assign current replacement values and apply reverse inflation indices to these values, The application of "reverse inflation indices" adjusts the current Cost of Replacement estimates to price levels that would have prevailed at the time of original construction or purchase, The sources of the indices to be used will combine published research price trends for the various classes of infrastructure property and data maintained in our files for the same purpose, American Appraisal will exclude interest costs, cost overruns, overhead/profit charged by contractors, and premiums paid for services performed, unless the city provides evidence of such historical cost, SPECIFIC DATA ELEMENTS/DEFINITIONS In preparing the comprehensive fixed asset record of the City's assets, we will provide the following items of data on each asset, as appropriate, The specific data elements to be captured are: 1. Asset Location - A system to identify the physical location of the appraised property (site, floor, room, ete.), 2, Building Identification - Where used, existing numerical identifications will remain; unidentified space will be numbered sequentially following the last assigned number, 3. Department Number - Existing numbers will be utilized, When not available, American Appraisal will identify those particular areas, Generally, only one unit number will be applied to a particular space, The largest department representation will be utilized, 4. Asset Number - A sequentially assigned asset number placed on controlled property by the Fixed Asset System, This can be a bar coded tag that is affixed to each controllable asset or a computer-generated number for group- controlled, or untaggable assets, 5, Asset Account Code - A major classification of property to identify major grouping of assets, i,e, buildings, land improvements, equipment, vehicles, ete. 6, Asset Classification Code - A subdivision of property to further identify assets, i,e. outdoor equipment, business machines, data processing equipment, furniture, audiovisual equipment, books, food service equipment, ete. This field may be used to include the City's commodity code. City of Sunny Isles Beach 7 May 18, 2007 2505-117 .027 American Apprais.al AssoCIates. 7, Function Code - As provided, and applicable by the City, 8, Quantity - Unit-controlled (tagged) property will be recorded as one, 9. Asset Description - Manufacturer's name, model, generic nomenclature, and serial number will be utilized for unit-controlled assets, For buildings, we will describe the type of structure, size, square footage, and building materials used as well as the fire, safety, and security apparatus/ systems in place, COSTING METHODOLOGy/DEFINITIONS 1. Historical Cost - The actual cost of a property to the present owner - the cost as of the date the property was first constructed or originally installed, When historical cost is provided in a usable format, it will be included, When this information is not readily available, American Appraisal will estimate the original cost by applying reverse inflation indices to the cost of reproduction new, 2. Estimated Original Cost - The estimated original cost of the property in accordance with costs as of the actual or estimated date the property was first constructed, originally installed, or purchased, 3. Direct Costing - Additional research into the historical cost documented as provided by the City in a readily available and useable property records for the original construction, betterments, format, in the City's improvements and 4. Normal Costing - Estimated cost based on the cost of reproduction new indexed by a reciprocal factor of the price increase from the appraisal date to the actual or estimated acquisition date, 5. Acquisition Date - When readily available, we will use the actual acquisition date of the property, In the absence of readily available information, the acquisition date will be estimated based upon American Appraisal's knowledge of the property type and its condition, 6. Estimated Life - An estimate will be made of the useful life of each unit- controlled asset and each group-controlled asset. The matter of historical lifing practice versus estimated actual lives will be discussed during the planning meeting and an acceptable approach will be developed, 7, Accumulated Depreciation - \X!ill be based on the asset's cost, acquisition date and the estimated useful life utilizing the straight-line basis of depreciation, Useful lives will be based on information provided by the City or industry standards, 8, Insurable Value - Cost of reproduction new (replacement cost) as of the appraisal date will be used as a basis for insurable values for all controlled property, City of Sunny Isles Beach 8 " '\ .','" May 18, 2007 25115-117.1127 American Appraisal Associates 9, Cost of Reproduction New - The amount required to reproduce a duplicate or a replica of the entire property at one time in like kind and materials in accordance with current market prices for materials, labor, and manufactured equipment, contractors' overhead and profit, and fees, but without provision for overtime, bonuses for labor, or premiums for material or equipment, In insurance industry terminology, cost of reproduction new, as defined above, is synonymous with the insurance industry phrase, "replacement cost." DELIVERABLES The City will receive a full complement of reports, one hard copy and a ,PDF file reflecting the results of American Appraisal's investigation, to include: 1. A narrative for use by management a"1d outside auditors to assist the City's efforts in meeting GASB 34 capital asset reporting requirements, 2, Certificate of Values, 3, Glossary of accounts and descriptive abbreviations used, 4, Customized appraisal reports (available at a nominal charge, upon request), A. Report - American Appraisal will provide the City with a Summary Appraisal Report, in accordance with the reporting requirements set forth by the Uniform Standards of Professional Appraisal Practice ("USP AP"). 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 the work papers. American Appraisal is not responsible for unauthorized use of its report. B, (Optional) Statement on Auditing Standards (SAS) No, 70 - The American Institute of Certified Public Accountants (AICPA) Statement on Auditing Standards (S1\S) No, 70, Service Organizations addresses audit procedures and reports for service organizations that provide services to a user organization that are part of the user organization's financial information system, In that context, SAS 70 is applied to organizations that provide financial information system functions for processing transactions such as bank trust departments, application service providers, and service bureaus, PricewaterhouseCoopers, LLP (P\V'C) has been retained to perform an annual audit of American [\ppraisal's Electronic Property Record Asset Information System (ePRAIS), PWC has completed their audit of our ePRAIS system and issued their report on policies and procedures placed in operation and tests of operating effectiveness for ePRAIS in accordance with SAS 70. In particular, the SAS 70 report addresses our appraisal report production system calculations for back trending, depreciation, accumulated depreciation, and report totals that are integral to the preparation of our appraisal reports, It should be noted that the SAS 70 report is applicable to processing transactions not to the performance of our appraisal procedures, The SAS 70 report is available to our Clients and their independent auditors upon the receipt of their written request, City of Sunny Isles Beach 9 May 18, 2007 25115.117.1127 '-.j American Appraisal Associates C. Property Accounting Summary - The standard Property Accounting Summary Report displays description of fields being summarized, original cost, accumulated depreciation, net book value, annual depreciation, projected provision, by account. D, Property Accounting Ledger Report - The Property Control Report will include all capital assets with a unit cost in excess of the City's capitalization threshold of $1000 and the related historical cost/estimated original cost, accumulated depreciation, and current depreciation data for financial reporting purposes, This information will be sorted and reported upon by account, E, Insurance Summary - The standard Insurance Summary Report displays description of fields being summarized, cost of reproduction new, and original cost values, F. Insurance/Property Record Report - The standard Insurance/Property Record Report displays asset tag number, class code, quantity, description, manufacturer's name, model number, serial number, and cost of reproduction new, This information will be sorted and reported by location, TIMING Upon receipt of your signed authorization, American Appraisal \vill work closely with the city establish project start, fieldwork and report delivery schedules to meet your reporting requirements, OPTIONAL SERVICES DATA DISKETTE If the City does not have a fixed asset accounting system, the capital asset data We can be reformatted for a spreadsheet or database application (Excel, Lotus 123, Access, dR-\SE, FoxPro, Paradox, etc.), ANNUAL UPDATE SERVICE - PROPERTY RECORD OUTSOURCING The City will provide American Appraisal with capital asset additions, retirements, and transfers using hard-copy forms (with instructions), spreadsheet or database formats sent either through mail on a diskette or by utilizing e-mail. American Appraisal will provide the City with historical cost, current period depreciation and accumulated depreciation of assets, by account for accounting purposes, American Appraisal will provide an updated fixed asset sub ledger for the City's accounting and financial reporting requirements, American Appraisal will provide the following reports: Property Accounting Reports Property Accounting Summary Capital Assets Detail Retirements Report Additions Report Adjustments Report Transfers Report Insurance Reports Insurance Summary Report Insurance/Property Record Report City of Sunny Isles Beach 10 May 18, 2007 2505.07 .027 American Appraisal Associates Cost Roll-Forward Depreciation Roll-Forward FEE TERMS AND CONDITIONS A. Fee - American Appraisal's fee takes into consideration, the scope of the project, the technical expertise required by American Appraisal's staff and the time required to complete the assignment. Based on American Appraisal's understanding of the project, fees are as follows including expenses: Primary Service Capital Asset Appraisal of Buildings,Land, Land Improvements, Infrastructure, Moveable Equipment and Bar Code Tagging At the $1000 Capitalization threshold $8,100.00 Optional Services Bar Code Tags (3,000 tags) Copy of Data on Diskette (Access, ASCII flat me, dBASE, Excel, Lotus) Land Consulting/Valuation for GASB 34 Compliance Property Record Outsourcing (Fiscal year 2007/2008) $300 $500 $125 per parcel $1 ,000 Fees include professional time for planning and executing the work through, and including, American Appraisal's 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 American Appraisal staff while executing the work. B, Change in Scope / Additional Square Footage and or Building Count - American Appraisal's fee is based upon the understanding that the City's assets are located in the buildings set forth in City's Schedule of Properties to be Appraised, American Appraisal has been provided with the gross square footage of the structures from City, which is the primary basis of estimate for project fees. If the actual square footage area andlor building count vary from the City-reported data, American Appraisal will notify the City immediately upon discovery. Upon written authorization from the City to continue its appraisal of the additional square footage andlor building count, American Appraisal will continue with its appraisal at a rate agreed to by both parties in writing, If you or your representatives or advisors request material assistance from us beyond that outlined herein and subsequent to the issuance of our final report, we will provide you with an estimate of the fees related to that assistance and secure your written authorization to proceed prior to initiating any services, C. Statement of Independence - American Appraisal's fee is based upon its estimate of professional time to complete the work according to American Appraisal's understanding of the City's requirements and in no way is contingent upon the outcome of its conclusions of value, D, Invoicing Schedule - American Appraisal will invoice you for professional services rendered including expenses, Invoices are payable by the City upon receipt and will be issued as the engagement progresses as follows: · 30% · Balance Upon commencement of field investigation Progress billings as time is incurred City of Sunny Isles Beach 11 May 18, 2007 25(15.(17.1127 American Appraisal Associates For your convenience, we are providing our remittance address and wire transfer instructions: Remittance Address American Appraisal Associates, Inc, Bin 88391 Milwaukee, WI 53288-0391 Wire Transfer Instructions Bank Name/Address: M&I Bank 770 North Water Street Milwaukee, WI 53202 Routing Number: For the Credit to the Account of: 075000051 American Appraisal Associates, Inc. Account Number - 0024274888 E, Unpaid Invoices - We reserve the right to withhold delivery of preliminary conclusions or final report(s) if, when either of these are ready for delivery, any previously issued invoice remains unpaid, Further, we reserve the right to issue the final invoice if preliminary conclusions or a draft report have been outstanding for more than 30 days, F. Complete Agreement - This Agreement, and any attachments or documents incorporated herein, constitute the complete and total agreement between the two parties, and shall supersede any preexisting or contemporaneously drafted agreements for services, 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, Should American Appraisal incur additional costs as a result of the City's failure to pay invoices in accordance with the terms stated herein, the City will be responsible for all costs (including, but not limited to attorney's and collection agency's fees) associated with the collection of any and all unpaid amounts to which American Appraisal is legally entitled, Further, American Appraisal reserves the right to charge interest for the City's failure to pay on a timely basis, ENVIRONMENTAL POLICY American Appraisal \vill make no investigation of, nor assume any responsibility for, the existence or impact of any hazardous substance, which mayor may not be present on the property, in the development of American Appraisal's conclusion, GENERAL SERVICE CONDITIONS Agreement - The Contract governing this engagement including these General Service Conditions represents the entire agreement between American Appraisal and the Client. It supersedes any prior oral or written agreement and may not be altered except by the mutual written agreement of all parties thereto, Assignment - Neither party may assign, transfer, or delegate any of the rights or obligations hereunder without the prior written consent of the other party; unless such assignment is based upon the lawful transfer to a successor in interest of all or substantially all of the party's assets or business interests. City of Sunny Isles Beach 12 May 18,2007 25()5.()7.()27 -:: American Appraisal Associates Client of Record - Only the signed Cliem(s) of Record may rely on the results of American Appraisal's work. No third party shall have the reliance or contractual rights of .l\merican Appraisal's Client(s) of Record without American Appraisal's prior written consent. No party should rely on the results of American i\.ppraisal's work as a substitute for its own due diligence, Communication - Electronic media including voice-mail, e-mail, and faxes are acceptable vehicles to communicate all materials unless such communication forms are expressly prohibited in the Contract. Client shall not assume or deem the Client Service Team assigned by American Appraisal to any work contemplated by the Contract to have knowledge of information provided to others not part of that team. Contingent Fees - American Appraisal's compensation IS not contingent in any way upon Its opinions or conclusions or upon any subsequent event directly related to those opinions or conclusions, Client shall pay American Appraisal's invoices in accordance with their stated terms, Confidentiality - American Appraisal will maintain the confidentiality of the Client's confidential information with the same degree of care that American Appraisal uses to keep its own materials confidential and shall not disclose it to anyone or use it for any purpose whatsoever other than Client's engagement, provided that in the event that American Appraisal is legally compelled to disclose such information, American Appraisal sh;1U provide Client with prompt written notice so that Client may seek a protective remedy, if available, American Appraisal shall have the right to provide access to work files as required to comply with any quality or compliance audits administered by any necessary accreditation or standards organizations with which its employees are associated, Any such access shall continue to be subject to the same confidence by both American Appraisal and the applicable organization, Information shall not be treated as confidential if: (i) it is now or later available to the public, (ii) at the time of disclosure to American Appraisal, the information was already in its possession, or (ill) the information was obtained from a third party under no obligation of confidentiality to Client, Unless mandated by applicable laws or governmental regulations, Client shall not disclose any part of American Appraisal's work product, its confidential materials, or its role in the engagement to anyone not stipulated in the Contract, without the prior written consent of American Appraisal. American Appraisal shall have the right to include Client's name in American Appraisal's client list. Force Majeure - Neither the Client nor American Appraisal shall be liable for delays or for failures to perform according to the terms of the Contract due to circumstances that are beyond their individual control. Governing Law, Jurisdiction and Venue - This Contract shall be governed by the law of the State of Wisconsin within the jurisdiction of any state or federal court located in Milwaukee, Wisconsin, having subject matter jurisdiction, Indemnification - Client shall indemnify and hold harmless American Appraisal against and from any and all losses, claims, actions, damages, expenses or liabilities, including reasonable attorneys' fees, to which American Appraisal may become subject in connection with this engagement, except to the extent finally judicially determined to have resulted from the negligence or intentional misconduct of American .Appraisal. Cliem's obligation for indemnification and reimbursement shall extend to any controlling person of American Appraisal including any director, officer, employee, subcontractor, affiliate, or agent. American Appraisal's liability to Client shall in no event exceed the City of Sunny Isles Beach 13 May 18, 2007 2505.07.027 American Appraisal Associate,s fees it receives as a result of the engagement, except to the extent determined to have resulted from the negligence or intentional misconduct of American i\ppraisal. .l\merican Appraisal shall indemnify and hold harmless Client against and from any and all losses, claims, or expenses for bodily injury or property damage, in proportionate part to that which is caused by American Appraisal personnel or representatives during the performance of the engagement, except to the extent of Client's negligence, \Vhile on Client's premises, the personnel assigned by American Appraisal to any work contemplated by the Contract shall comply with all posted safety instructions or safety procedures requested by Client, Independent Contractor - American Appraisal and Client shall be independent contractors with respect to each other. American Appraisal reserves the right to use subcontractors in executing the engagement. American Appraisal is an equal opportunity employer. Limits on the Use of the Work - American Appraisal's report may be used only for the specific use or uses stated in the Contract, and any other use is invalid, Reliance on Information Provided by Client - American Appraisal is entitled to rely without independent verification on the accuracy and completeness of all of the information provided by Client or its advisors, Retention - Unless stipulated to the contrary in the Contract or in a related written agreement, American Appraisal will retain as its property all ftles, documents, work papers, and other results, developed during the course of the engagement. Such materials will be retained for a period of at least five years, During this retention period, Client shall have access to these documents to assist it in completing the specific use or uses stated in the Contract, subject only to reasonable notification. Scope of the Work - American Appraisal shall be obligated only for services specified in the Contract, and only for changes to the scope of those services that are set forth in any subsequent written agreement, As a result, the scope of the work does not include unrelated services or the responsibility to update any of the work after its completion, Further, American Appraisal reserves the right to decline to perform any additional services, if American Appraisal believes such services would create an actual or perceived conflict of interests, or would be illegal or in violation of applicable regulations or professional standards, Standards of Performance - American i\ppraisal shall perform the engagement in accordance with applicable professional standards, However, professional services usually involve judgments made in an uncertain environment and based on an analysis of data that may be unverified or subject to change over time, Client and other parties to whom Client provides access to the results of American Appraisal's work shall evaluate the performance of American Appraisal based on the specifications of the Contract as well as on the applicable professional standards, Testimony - American Appraisal's services do not include giving testimony or participating in or attending court or any other legal or regulatory hearing or inquiry unless provided for in the Contract or in a subsequent written agreement. City of Sunny Isles Beach 14 May 18,2007 2505.07.027 American Appraisal Associates AUTHORIZATION OF SERVICES This Agreement is provided in duplicate; if it correctly reflects the City's understanding of American Appraisal's agreement, please confirm such by signing and returning one copy, The City hereby affirms that its stated purpose is to use the report created by American Appraisal for financial reporting and property control purposes only and insurance placement. Note, we will be unable to deliver any conclusions, verbal or written, until we are in receipt of this acknowledgment. To avoid any delays, please fax the signed Agreement in its entirety, to Lori Flemming at (704) 439-0384 after, please forward the original to her at: American Appraisal Associates, Ine., 2839 Paces Ferry Road, Suite 400, Atlanta, Georgia 30339, We look forward to the opportunity of serving the valuation needs of the City of Sunny Isles Beach and assure you, if selected, that the work will receive our careful and continued attention, Respectfully submitted, ~i~ Lori Flemming Director, Property Appraisal Services Group LF / sp Client of Record: Signature: Name (typed/printed) Title: Date: City of Sunny Isles Beach E- Mail: Phone: Please initial below to include the services offered Primary Service Capital Asset Appraisal of Buildings, Land, Land Improvements, Infrastructure, Moveable Equipment and Bar Code Tagging at the $1000 Capitalization Threshold Optional Services Bar Code Tags (3,000 tags) Copy of Data on Diskette (Access, ASCII flat file, dBASE, Excel, Lotus) Land Consulting /Valuation for GASB 34 Compliance Property Record Outsourcing (Fiscal year 2U07/2008) City of Sunny Isles Beach 15 May 18, 2007 2505.07 .027 American Appraisal Associates City of Sunny Isles Beach 16 May 18,2007 2505.07 .027 Am.erican Appraisal Associates, Inc. 8833 Westmoreland Lake Drive, Cornelius, NC 28031 direct 704 439 2515/ mobile 704 953 9780 fax 704 439 0384 Leaclif1fj ! Thinkinq ! Performing American Appraisal October 3, 2007 Mr. Doug Haag Assistant City Manager/Finance City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Dear Mr. Haag: This letter is to confirm your authorization for American Appraisal to appraise twenty (20) additional land parcels plus additional buildings (see Attachment A), as part of the authorized appraisal for GASB 34 compliance and insurance placement. Our fee to perform these services will be $4,000. All other terms and conditions outlined in the original contract agreement dated July 19, 2007, shall remain in force. Please note we will be unable to deliver any conclusions. verbal or written. until we are in receipt of this acknowledgment. Mr. Haag, you will be in invoiced once the additional properties and land parcels appraisal are completed. You may wish to fax the signed Agreement in its entirety, to me at (414) 225-1908. ... Thereafter, please forward the original to my assistant, DeeAnn Rakovich, at American Appraisal, 411 East Wisconsin Avenue, Suite 1900, Milwaukee, Wisconsin 53202. ~, \ U'1~~ i e, 100 4,000 \ '2, too Or',q,\'\((\ Co~-\m.ct A~l)Uh.+ t:..!ct ,tlOV\J <; E'v\iIO .f' . ((.f\jIS~! eo"'1tTArt A~tJl.A~ Lori Flemming Director, Fixed Asset Management and Insurance Solutions LFjdar ;;~;t:~:ord Ci~;:~ Title: ~s; :s\s-to..'^-'\ C'1--) W\. a.V\.ct~eY Phone: ~O:>. ,9~, tl/5 &.~~~ 7 Ii ~~Jo~~-I- E-mail: Date: c.c. P\'.l.rO'\o.s',V\<j c..l (. \-"'- L(.q&-\ Valuation! Transaction Consult;n~l / neat Estate Advisory I Fixed Asset Management ft American Appraisal E'. h' -b" .'1 A r ....., ,{'..' j: ,Jj .' ....'.'......"'.."'.X.. if.".'.. ....l. 1 I..:.:....t."...,... ; 1.1 !.'.' .:". j ...q'/ '.1 J jt,) I lit'" Property/Building Lists Leading / Thinking / Performing Exhibit A ~ American Appraisal Additional Land Parcels PROPERTY ADDRESS FOLIO SALE AMOUNT 18050 Collins Ave 31-2211-005-0011 18070 Collins Ave 31-2211-005-0010 18080 Collins Ave 31-2211-005-0016 2,400,000 Golden Shores Ocean Blvd East 31-2202-009-0180 201191 Terrace 31-2202-009-0170 85,000 17425 Collins Ave 31-2211-004-0210 2,650,000 500 Sunny Isles Blvd 31-2214-007-0210 3,000,000 18115 N. Bay Rd. 31-2211-019-0010 1,000,000 17451 Collins Ave 31-2211-004-0170 2,850,000 19200 Collins Ave I I 31-2202-011-0040 19,645,606 Sunny Isles Tract - Land 31-2211-064-0010 17200 Collins Ave 31-2211-004-0070 Golden Shores Ocean 31-2202-009-0035 Ocean Blvd Ests 31-2202-007 -0060 Ocean Blvd Ests 31-2202-007-0010 Golden Shores Ocean Blvd 31-2202-006-0145 South Shore Ests 31-2211-001-0300 South Shore Ests 31-2211-001-0290 Collins Ave-Vacant Land 31-2214-008-0350 500,000 R K Marina - Land 31-2211-066-0045 Total 32,130,606 3 properties bought together 2 properties bought together no appraisal yet Additional Buildings 1) Tony Roma's 2) Alamo Building 3) Diesel Gas Pump and Tank 4) Unleaded Gas Pump and Tank 5) Public Works site beneath bridge (there's actually no buildings there - they store stuff in shipping containers which cost $3000) 6) Pump Station 7) One more park (in addition to the original six) Leading! Thinking / Performing Exhibit A- Page 1 TO: Via: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3 113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edeleup, Mayor Lewis .J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner Danny Iglesias, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, City Clerk MEMORANDUM The Honorable City Commission A. John Szerlag, City Manager Douglas Haag, Assistant City Manager-Finance \)~ June 19,2007 AGREEMENT TO PERFORM FIXED ASSET INVENTORY SERVICES RECOMMENDATION: Approve the attached agreement and resolution with American Appraisal Associates to conduct a fixed asset inventory for the City in accordance with generally accepted accounting principals. Services and deliverables are to be provided as per the agreement for the not-to-exceed amount of$15,000, which includes a small contingency. In addition, we request a transfer of funds for this amount from General Fund Contingency account 10-519-5990 to Finance Professional Services account 10-513-5315. BACKGROUND: Thanks to the outstanding performance of the Finance Department over the past 10 years, the City of Sunny Isles Beach has received a 'clean' audit opinion from its auditors. The only exception to that has been an accounting change required several years ago that required local governments to establish and maintain a complete inventory of all fixed assets, including infrastructure such as land, land improvements, rights-of-way, vehicles, equipment, drainage systems, lighting systems, signage, streets & roads, utility lines, etc. This requirements were issued by the Government Accounting Standards Board (GAS B) and took effect for Sunny Isles Beach for the fiscal year beginning October 1, 2002. GASB is part of the Financial Accounting Foundation, a not-for-profit organization that establishes accounting rules and an independent organization. In June, 1999, GASB issued Statement 34, the most significant change in the history of government financial reporting. Statement 34 covers the basic financial statements, note disclosures, and the Management Discussion and Analysis (MD & a). Local governments need to report capital assets with consideration of deprecation, Page 2 including infrastructure assets and 'historical treasures'. This means that the City needs to report in a complete, accurate and detailed manner to adequately account for and report their capital asset activity. The proposal from American Appraisal Associates (AAA) will allow the City to come into compliance with GASB 34 as well as further improve our financial accountability through improved accounting procedures. Compliance will be maintained on an ongoing basis by utilizing the City's current financial software's fixed asset module. AAA will work closely with all City departments, insurers and our auditors to assure that all financial records are properly updated and maintained on an ongoing basis. While the amount of our contract does not require formal competitive bids, we are nonetheless proposing to 'piggyback' from a competitive bid award by the City of Cocoa, Florida. In addition, please note that American Appraisal Associates has performed similar work for hundreds of customers throughout the USA and parts of Florida. (see attached) Page 3 Florida Public Entities Client List City of Cocoa City of Cocoa Beach City of Margate City of Miramar City of Sarasota City of Clearwater Sarasota County City of Oldsmar City of Palmetto City of South Miami City of North Miami City of Gulf Breeze City of Miami City of North Lauderdale City of Pinellas Park Hartline Transit Authority City of Casselberry City of Coral Gables City of Hollywood Greater Orlando Airport Authority Florida League of Cities City of Lake City City of Plant City City of Miami Gardens City of Miami Springs City of Rockledge Village of Key Biscayne County of Suwannee City of Belleair Beach City of Coral Springs City of Plantation Town of Davie Florida International University University of Miami University of Florida - Gainesville Rollins College Archdiocese of Miami Diocese of Orlando Diocese of Palm Beach Diocese of Venice Diocese of St. Augustine Diocese of Pensacola-Tallahassee Page 4 National Municipal Client List City of Santa Monica, CA City of Beverly Hills, CA City of Thousand Oaks, CA City of Miami, FL New Castle County, DE San Bemandino County, CA City of Branford, CT City of Stamford, CT City of Danbury, CT City of Waukegan, IL Town of Huntington, NY Town of Islip, NY Metropolitan Transit Authority, NY City of Lenoir, NC City of Lincolnton, NC City of San Antonio, TX City of Newport N ews, VA Prince William County, VA Clayton County, GA Chicago Heights, IL South Carolina Dept of Parks, Recreation and Tourism City of Midlothian, IL City of Norman, OK City of Providence, RI City of Denton, TX City of El Paso, TX City of Humble, TX City of Milwaukee, WI City of Brownsville, TX City of Atlanta, GA State of Hawaii Dept of Transportation City of Puvallup, W A City of Leawood, KS Napa County, CA City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner Danny Iglesias Commissioner A John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk July 23, 2007 Lori Fleming, Director Amer-ican---Appraisal-Asseeiates;-lnc. 8833 Westmoreland Lake Drive Cornelius, North Carolina 33780 Re: Appraisal Consultant Agreement Dear Ms. Fleming: At its regular meeting of July 19, 2007, the Sunny Isles Beach City Commission adopted Resolution No. 2007-1129, which approved a Consultant Agreement with Appraisal Associates, Inc. for the development of a comprehensive report of the City's capital assessments. Attached is a copy of the approving resolution and an original Agreement for your files. Please contact Assistant City Manager/Finance Doug Haag (305) 792-1701 regarding performance of this agreement. Thank you. Sincerely, ~~W~ Priscilla Walker, CMC Deputy City Clerk Attachments cc: Doug Haag, Assistant City Manager/Finance Office of the City Clerk (305) 792-1703 Phone (305) 949-3113 Fax Appraisal Agrmt W-American Appraisal Associates Trans Ltr Al1)erican Appraisal Associates, Inc. 8833 Westmoreland Lake Drive, Cornelius, NC 28031 direct 704 439 2515 / mobile 704 953 9780 fax 704 439 0384 Leadif19 .I Thinkinq ! Pertorminq American Appraisal October 3, 2007 Mr. Doug Haag Assistant City Manager/Finance City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Dear Mr. Haag: This letter is to confirm your authorization for American Appraisal to appraise twenty (20) additional land parcels plus additional buildings (see Attachment A), as part of the authorized appraisal for GASB 34 compliance and insurance placement. Our fee to perform these services will be $4,000. All other terms and conditions outlined in the original contract agreement dated July 19, 2007, shall remain in force. Please note we will be unable to deliver any conclusions. verbal or written. until we are in receipt of this acknowledgment. Mr. Haag, you will be in invoiced once the additional properties and land parcels appraisal are completed. You may wish to fax the signed Agreement in its entirety, to me at (414) 225-1908. Thereafter, please forward the original to my assistant, DeeAnn Rakovich, at American Appraisal, 411 East Wisconsin Avenue, Suite 1900, Milwaukee, Wisconsin 53202. ~~ i B, 100 4,000 \ l2,toO Ot-\q,V\((\ (0",-\ met A ~l)Uht ~ ~ct ,+)oV\J. <; ev\i,a l' QNI Stcl Co"'1~ct A~w~ Lori Flemming Director, Fixed Asset Management and Insurance Solutions LFjdar ;;;~~:~:ord: Ci;?~:~ Title: ~ s ~\S\CA '^'\ C, ~J VV\. a. \/Vt ~eY 1>09.19.~.lI15 ~~~~~ 7 Ii ~~io~~t Phone: E-mail: Date: cc. ?V.r&\CAS'\VVj c..l e. \.-~ L (.9(1).\ Valuation I Transaction Consultln~.l .I Heal Estate Advisory! Fixed Asset Management ~ American Appraisal E(.... hi lib; 11;1; A' :. .....J )(jl ('J II l~, Ii . r' ./' l, ...j/ j J J!,,)! '1/, . Property/Building Lists Leading I Thinking I Performing Exhibit A p. American Appraisal Additional Land Parcels PROPERTY ADDRESS FOLIO SALE AMOUNT 18050 Collins Ave 31-2211-005-0011 18070 Collins Ave 31-2211-005-0010 18080 Collins Ave 31-2211-005-0016 2,400,000 Golden Shores Ocean Blvd East 31-2202-009-0180 201191 Terrace 31-2202-009-0170 85,000 17425 Collins Ave 31-2211-004-0210 2,650,000 500 Sunny Isles Blvd 31-2214-007 -0210 3,000,000 18115 N. Bay Rd. 31-2211-019-0010 1,000,000 17451 Collins Ave 31-2211-004-0170 2,850,000 19200 Collins Ave I I 31-2202-011-0040 19,645,606 Sunny Isles Tract - Land 31-2211-064-0010 17200 Collins Ave 31-2211-004-0070 Golden Shores Ocean 31-2202-009-0035 Ocean Blvd Ests 31-2202-007-0060 Ocean Blvd Ests 31-2202-007-0010 Golden Shores Ocean Blvd 31-2202-006-0145 South Shore Ests 31-2211-001-0300 South Shore Ests 31-2211-001-0290 Collins Ave-Vacant Land 31'2214-008-0350 500,000 R K Marina - Land 31-2211-066-0045 Total 32,130,606 3 properties bought together 2 properties bought together no appraisal yet Additional Buildings 1) Tony Roma's 2) Alamo Building 3) Diesel Gas Pump and Tank 4) Unleaded Gas Pump and Tank 5) Public Works site beneath bridge (there's actually no buildings there - they store stuff in shipping containers which cost $3000) 6) Pump Station 7) One more park (in addition to the original six) Leading! Thinking! Performing Exhibit A- Page 1