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09-15-09 Special Workshop MeetingMEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 11, 2009 SUBJECT: AGENDA ITEM SP.1 - SPECIAL/WORKSHOP MEETING OF SEPTEMBER 15, 2009 SWEARING-IN CEREMONY OF NEW COMMISSIONER ITEM BEFORE COMMISSION Oath of Office administered to Newly-Appointed City Commission Member: Angeleta Gray (Swearing-In Ceremony will be held in the Commission Chambers) MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 11, 2009 SUBJECT: AGENDA ITEM WS.1 - SPECIAL/WORKSHOP MEETING OF SEPTEMBER 15, 2009 DIRECTION REGARDING THE OLD SCHOOL SQUARE GARAGE RETAIL SPACE ITEM BEFORE COMMISSION This item before the Commission is a discussion regarding the options for the Old School Square garage retail space. BACKGROUND At your August 11th workshop, Commission gave direction to bring this item back to Commission with further clarification regarding the proposal from Mr. Kinsloe, as well as further clarification from the CRA regarding proposed uses of the space. I have attached drafts of the proposed lease agreement and purchase and sale agreement. While these documents are drafts and most of the terms and conditions are acceptable, I did want to point out certain ones that are of a concern: during the lease term buyer may have any permitted use (it would be preferable where the City could exercise more control over the use until the closing) irrevocable letter of credit during build out should be increased above the $100,000.00 the security deposit should be increased from the $10,000.00 that is offered the agreements provide that we pay the doc stamps, we would like for the buyer to pay the doc stamps the agreements provide that we would pay the broker's commission, we would want the buyer to pay the broker's commission buyer should only receive a revocable license for the 5 parking spaces I have also attached a report from PMG Associates, Inc. where they have evaluated the proposal from Mr. Kinsloe. PMG recommends that the City reject the proposal from Mr. Kinsloe and that we complete the space and lease it out for a period of time until the market conditions improve. RECOMMENDATION Commission discretion Artists of Palm Beach County Proposal for City of Delray Beach Parking Garage Art Gallery, Exhibition, and Performance Space September, 2009 Proposal for City of Delray Beach Parking Garage Art Gallery, Exhibition, and Performance Space EXECUTIVE OVERVIEW • Artists of Palm Beach County -Who are we? • How we would utilize the space • Possible spatial configuration • Benefits to the City of Delray Beach • Similar "Working Art Environments" • Lease Terms QUALIFICATIONS: WHO ARE WE? • Artists of Palm Beach County (APBC) is a grassroots coalition created and managed by artists, for artists of all disciplines. It began as an initiative by three county artists who held listening sessions with groups of artists all over the county to find out what artists most wanted in an organization for artists. The listening sessions took place in 2005, and the first Board of Directors was formed in January, 2006. • APBC is dedicated to empowering individuals in the arts by reaching out to our diverse community, cultivating professional and social resources and opportunities for our members, and developing collaborative relationships. • APBC is a 501 c3 non-for-profit corporation. • Our 100+ multi-discipline membership includes visual, performance, literary and media artists. Membership is open to any person living or working in Palm Beach County who defines him or herself as an artist, performer or writer. We do not screen people orjury them into the organization. • APBC is the connection between Palm Beach County artists and the County arts community. Through our networking efforts and web presence, we are a conduit for information on arts events in the County. • APBC has partnered with Palm Beach County Cultural Council as a sponsor of Artavox since its inception, through planning, participation, and honorariums. Artavox is an annual celebration of artists that is held in a different location in the county each year, and several other arts organizations work with us in planning for this event. A slide show of work by artists throughout the county is presented at each annual event. This slide show can be seen on the APBC website, under the Events heading. APBC has held three juried exhibitions of the work of its members in locations around the county. Two of these were juried by curators of the Norton Museum of Art, and one, which is currently on view at the Boynton Beach City Library, was juried by Boynton Beach Art in Public Places. Meetings are held monthly in locations around the county. In the last year, two of these meetings have been planned to highlight the needs of charitable organizations, and money has been raised to help in the work they do. "http://www.artistsofpal mbeachcounty.org/ Artists of Palm Beach County September, 2009 Page 2 Proposal for City of Delray Beach Parking Garage Art Gallery, Exhibition, and Performance Space HOW WE WOULD USE THE SPACE • Working artist studios of various sizes. Studio artists would be juried to ensure high quality and variety. Artists would have a required number of hours to be working in their studios, so that visitors will see a vibrant working art community. • Co-op art gallery. Artists could participate in displaying their art for sale. This would be separate from the Studios, so an artist could participate in one or both activities. • Exhibition space would be available for local or national organizations for 4-6 week exhibits. • Performance and meeting space for lectures, musical performances, poetry readings, etc. would be available to APBC members and community organizations • Educational and experiential workshops would be available to the public or private organizations in the Performance area. These would include multicultural and multi-generational programming Artists of Palm Beach County September, 2009 Page 3 Proposal for City of Delray Beach Parking Garage Art Gallery, Exhibition, and Performance Space POSSIBLE SPATIAL CONFIGURATION Artists of Palm Beach County September, 2009 Page 4 Proposal for City of Delray Beach Parking Garage Art Gallery, Exhibition, and Performance Space BENEFITS TO THE CITY OF DELRAY BEACH • Create a dynamic cultural destination and attraction for all of Palm Beach County • Develop links between Old School Square, Atlantic Avenue, and Pineapple Grove by encouraging pedestrian traffic • Provide an illuminated focal point for both the street and neighborhood • Complement and enhance existing City cultural activities (First Night, Delray Affair, Art & Jazz on the Ave., etc.) • Increase national/international cultural tourism within historic Delray Beach • Support and expand local business activity SIMILAR SUCCESSFUL "WORKING ART ENVIRONMENTS" • Clay Glass Metal Stone, Lake Worth, FL -Gallery • Torpedo Factory, Alexandria VA -Studios and Co-op Galleries http://www.torped ofactory.org/ • Banana Factory, Bethlehem, PA -Studios, workshops, exhibition space http://www. bananafactory.org/ • Village Art Studios,Tequesta, FL -Studios • Button Factory, Portsmouth, NH -Studios http://www. buttonfactorystudios.com/ • Santa Monica Art Studios, Santa Monica, CA -Studios, exhibitions htto://www.santamonicaartstudios.com/ • Soma Artist Studios, San Francisco CA -Studios, exhibitions http://www.somaartiststudios.com/ • Golden Belt Artist Co-op, Durham, NC -Studios, live/work lofts, restaurants, http://www.goldenbeltarts.com/space_artistStudios.shtml • MASS MoCA, North Adams, MA -Exhibitions, restaurant, theater, performance space, studios, commercial center • City of Hollywood -Glass Blowing Facilities and Gallery in Young Circle Park • Artcenter/South Florida on Lincoln Road Mall • City of Lake Worth Artist League Gallery • Boca Museum of Art -Artist Guild Gallery • Arts Office Lauderhill -Art Incubator Artists of Palm Beach County September, 2009 Page 5 Artists of Palm Beach County September, 2009 Proposal for City of Delray Beach Parking Garage Art Gallery, Exhibition, and Performance Space Page 6 Proposal for City of Delray Beach Parking Garage Art Gallery, Exhibition, and Performance Space LEASE TERMS City Obligations • Air conditioning installed and operational • Electrical installed; outlets in floor and walls according to code • Fluorescent lighting operational throughout space • Sprinkler system operational throughout space • Rough in electrical for exterior signage outside each exterior door • Rough in plumbing for 2 unisex bathrooms and 3 sinks • Polished concrete floor • Convenient location of stairs and/or ramp to resolve slope issue, location to be determined after consultation with architect • Maintain exterior space and infrastructure APBC Obligations • 5 year lease, $1 per year • Build out interior space to code, including 1-2 bathrooms, interior walls • Carry liability insurance for interior space • Install security system for interior space • Option to buy unit at the market price at the time the option is exercised during lease term Contact information: Beverly Snow President, Artists of Palm Beach County 561-346-1143 (cell) Snow-bee@att.net Artists of Palm Beach County September, 2009 Page 7 1 V ~ ~1~~~°~ ~IS~ ~"+M ~~~ f . .., ~~~'s"f~'~`~I{ a:~ ~ ~'h ~_, ~ ~s -:r ill ~~_ ~k' ~ a v v n ~. 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CITY OF DELRAY BEACH REVIEW OF LEASE/PURCHASE PROPOSAL OLD SCHOOL SQUARE PARKING GARAGE SEPTEMBER 2009 PMG Associates, Inc. 4171 West Hillsboro Boulevard Suite 8 Coconut Creek, Florida 33073 (9S4) 427-5010 CITY OF DELRAY BEACH REVIEW OF LEASE/PURCHASE PROPOSAL OLD SCHOOL SQUARE PARKING GARAGE PMG Associates, Inc. {PMGA) has been retained by the City of Delray Beach to conduct an .analysis of the financial issues related to the potential lease or sale of a portion of the condominium parking garage located at the Old School Square site. This analysis will consider several items that will lead to an overall recommendation regarding the best course of action for the City Commission that will generate the most return far the City. 'The issue has advanced due to an offer to LeaselPurchase the Parking Garage Retail Condominium. The City Commission should examine several issues prior to making any decision. In addition, the Commission should consider all long-range issues as well as the short- term conditions. This analysis will address several issues: i . The value of the proposal received for the garage space 2. The Historic Cost of the garage to evaluate the capital and financing costs 3. Estimate the Fair Market Value of the property 4. Evaluate Open Market Lease Terms 5. Analyze the Sales Value of the Space 6. Prepare a Net Present Value .Analysis 1. CURRENT PROPOSAL The City has received a proposal for alease/purchase agreement for the 10,289 square feet of retail space located within the Old School Square Parking Garage. The proposer plans to complete the space for restaurant and. market purposes serving the population working in or visiting the general area. The terms of the offer are: • Purchase Price $1,44x,000 • Lease at $14 per square foot + CAM • No rent for the first. six months • All rent payments to be credited at closing • Tenant will complete build-out • Financing privately obtained The first step in the analysis is to determine the actual payment schedule for the property. It is clear that the proposer will have an absolute limit of $1,440,040 in payments spread over 48 months. The CAM is not included in this analysis since it is not rent payments, but rather payment for the renter/owner's share of operating and maintenance costs. Additionally, the estimates of CAM are not available, at this time. We can assume that CAM will be similar to the existing Operation and Maintenance Expenses for the facility which is $169,000 annually. Based on these figures, the CAM may be estimated at $640.46 per month for the space. -1- Based on the exemption of rent for the fast six months, a total of $504,161 will be paid in rent to the City {not including CAM). At the end of the 48 month rental period, a total of $935,$39 will be paid to complete the transaction. To evaluate these terms in current dollars, a Net Present Value Analysis was conducted for the revenue stream. The discount rate that is used to reevaluate the future revenues to current terms was chosen to be 4.87%, which corresponds with the City°s financing. rate for the bonds used to acquire the property and construct the .garage. The annual rent payments axe $144,046 based on 10,289 square feet at $14 per square foot. For the first year, six months of the rent will be waived based on the terms, resulting in a payment. the fast year of $72,023. The Net Present Value of the revenue stream is illustrated in the following table. TABLE 1 NET PRESENT VALUE OF PROPOSED LEASE/PURCHASE AGREEMENT 1 $ 72 423. 1.0000 $ 72,023 2 $ i44,Q46 0.9513 $ 137,031 3 $ 144,046 0.9026 $ 130,016 4 $ 144,046 0.8539 $ 123,001 Lum Sum $ 935,$39 0.8052 $ 753,538 Total $1,440,000 $1,215,608 The total cost of the offer is $1,440,000 far the 10,289 square feet. This results in a value of $139.96 per square foot. 2. HISTORIC COST OF TAE STRUCTURE The parking garage was completed as part of an overall project that included the parking facilities, a park and other improvements. The Bond Proceeds were examined to determine the value of the garage. Based on this review, it vc+as determined that the capital cost of the garage was $22,367,842, which included $6,000,004 for the land. Financing of the project must also be added to the final project cost. Using the interest rate of 4.87%, the total bond payments equal $37,346,338 over the 25 years of the bond issue. Considering the total Project Cost of $37,346,3.38 for the 226,250 square feet in the project, the cost per square foot is $165,07. 3. FAIR MARKET VALUE FOR THE GARAGE The most reasonable mechanism for determining the Fair Market Value of the parking garage and the space under consideration for lease/purchase is through an appraisal. The City of Delray Beach did receive an appraisal on the retail space in the- parking. garage. This recent analysis -2- (dated August 2009} considers all of the factors that impact the valuation of property including use, Iocation and comparable properties. The value of the subject property is determined to be $1,350,000 as of the date of the appraisal. Noted in the analysis is that the current values of property, including the one under consideration, has experienced a reduction due to a decrease in valuations from the Palm Beach County Property Appraiser and current market conditions. The sales prices of commercial space have seen a significant reduction over the past several years. It is not possible to determine, at this time., the previous value of this property since no appraisal was completed prior to this engagement. Nor is it possible to determine. how much recovery of value will occur in the near term or during a longer time frame. It is a reasonable assumption that the property will increase in value after the current economic conditions improve. However, the timing and magnitude are not reasonably projected. Recent analyses by Economists throughout the State predict an overall reduction in property values of another 8% for the coming year {2010). There also may be a slight reduction for the fallowing year (2011}. It is our professional opinion that the value will not begin to show evidence of an increase in value until approximately 2013. 4. OPEN MARKET LEASE TERMS The Proposer has offered terms with rent at $14 per square foot for the space in the parking garage. We have reviewed. other lease terms with municipal parking garages that Iease out space for retail purposes. We have also examined a privately owned garage that leases space; The highest rental rate is $22.50 per square foot for a location near the beach. The $14 per square foot. is oat unreasonable based on the current unfinished condition of the space and the lack of business operation in the garage. However, the annual lease amount is insignificant in the total offer since it will be subtracted from the negotiated sales price. The lease amount only serves as some term payments wYth a balloon payment at the end of the four years. It is true that the Proposer would lose all of the lease payments unless he closes on the sale at the end of the 48 months. This should be considered unlikely since the value of the offer is less than Fair Market Value of the property. 5. SALES VALUE The current value of the property is the Fair Market Value as established by the appraisal $1,350,000. However, the full project cost of the space based on historic cast is $1,698,405. Ta sell the property far the suggested purchase price will result in a loss on the space based on histories cost and the Net Present Value will be less than the current Fair Market Value. A significant concern .regarding the issue of potential sales prices are the bond covenants that govern this issue. Based on the terms of the bonds issued to complete the. structure, the City may only obtain a total return on this parking space of $3 million. This limitation is a summation of the lease payments and sales price of the property. If lease payments are collected by the City, -3- this total amount must be subtracted from the $3 million to arrive at a proper sales price. Failure to maintain this restriction. will place the tax free status of the bonds in j eopardy. Current economic conditions make this $3 million limitation anon-factor, at present. However, in the future, the issue must be considered, 5. NET PRESENT VALiTE The Net Present Value of the current proposal has been calculated at $'1,2'15,608, which is nearly 10% less than the Fair Market Value of the property and over 28% less than the historic cost of the space. To achieve the Fair Market Value, the price offered must rise to $1,606,400, or have a significant increase in lease payments. To achieve the. Historic Cost, the price offered must rise to $2,040,000, ar have a significant increase in Iease payments. Payment of the significantly higher sales price and lease payments are not realistic, at this time. It may be more reasonable to wait until the- market settles before- attempting to sell the property. 6. RECOMMENDATION The best course of action far the City of Delray Beach is to wait before making any decision to sell the subject property. The current proposal should not be accepted by the City and more reasonable terms could be negotiated. The ability. to obtain the true value of the property (either Fair Market Value of Historic Value) is limited, at this time. Specific actions are: + Reject the Proposal for leaselpurchase at the Old School Square Parking Garage • Complete the space and lease out the space far a period of five to six years • Sell the property after .that time based on the total value of the lease payments and the potential sales price of the property., at that time. ~ Have the property appraised within the next three to four years to serve as a benchmark. Based on the results,. the lease or sell decisions would have to be retimed. -4- MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 11, 2009 SUBJECT: AGENDA ITEM WS.2 - SPECIAL/WORKSHOP MEETING OF SEPTEMBER 15, 2009 FIRE ASSESSMENT FEE CONSULTING PROPOSAL FROM GOVERNMENT SERVICES GROUP, INC. ITEM BEFORE COMMISSION The item before Commission is consideration of a proposal from Government Services Group, Inc. to assist with development of a Fire Services Assessment Program. BACKGROUND The City received a proposal from Government Services Group, Inc for development of a Fire Services Assessment Program. Government Services Group has performed Fire Assessment work for other area cities. Their approach is divided into two phases with a projected implementation of the program in FY 2010-2011. Phase One includes tasks for development of the preliminary proforma rates. An Assessment Report will be provided at the end of this phase. Phase Two includes stesps needed if the City decides to proceed with a Fire Services Assessment. The cost for Phase One is a lump sum fee of $50,000, while the cost of Phase Two is a lump sum fee of $15,000. A copy of the proposal from Government Services Group is attached. The proposal from Government Services Group indicates the they were hired through a competitive bid process by Miami-Dade County to develop a fire and rescue special assessment fee program. The attached Standard Agreement includes a provision that the City is "piggybacking" off of the contract between Government Services Group and Miami-Dade County. FUNDING SOURCE If Commission desires to proceed, funding would need to be included in the FY 2010 budget. RECOMMENDATION City Commission discretion. ~~ ~ ~ .. ~~...... Via Electronic Transmission September 3, 2009 Mr. Joseph M. Safford, Finance Director City of Delray Beach 100 N.W. 1St Avenue Delray Beach, Florida 33444-2612 Re: City of Delray Beach -Fire Services Assessment Program Proposal Dear Mr. Safford, This correspondence is written to present a scope of services for Government Services Group, Inc. (GSG) to provide professional services and specialized assistance to the City of Delray Beach (City) and its staff with the development of a non-ad valorem funding alternative for the City's fire services through the development of a special assessment program. The proposed Scope of Services contemplates a phased approach to the assessment program. Phase One of this proposal includes those tasks necessary to and associated with the development of preliminary proforma assessment rates. An Assessment Report will be prepared and presented at the end of Phase One. It is at the end of Phase One that the City will be able to make an informed decision regarding whether to revise and/or proceed with implementing the assessment program. The remaining tasks outlined in the attached proposal comprise Phase Two of the project. Phase Two of this proposal would include the specific work effort required for the implementation of the program based on the City's policy direction as determined from the findings provided in Phase One. Phase Two is comprised of those steps necessary should the City decide to move forward with any recommended assessment program. The objective of this project is to develop non-ad valorem special assessments based on public policy established by the City within the constraints of readily available data and legal precedent. To fulfill this objective, we will accomplish the following tasks: (1) Provide specialized services that assist the City in developing legally defensible methods of apportioning the assessments; (2) Assist the City's legal counsel with the implementation documents for imposing and collecting the special assessments using the tax bill collection method; and (3) Provide assessment rolls that collect the annual assessments; the rolls will be capable of being efficiently updated in subsequent years. The enclosed work plan is designed to provide the following deliverables during this project: Joseph M. Safford, Finance Director September 3, 2009 Page 2 • An Assessment Report which includes (a) the assessment cost calculations, (b) the description of the apportionment methodology, and (c)an implementation schedule; • Assist the City's legal counsel with the home rule assessment ordinance and all implementing resolutions for the annual assessment program that will allow for a separate bill or for the tax bill collection method; • Billing algorithms necessary to calculate the fire protection assessments pursuant to the proposed methodology; • The final fire protection assessment rates; • An assessment roll in an electronic format capable of merging with the City's real property tax roll in conformity with the requirements of the uniform method of collection for Fiscal Year 2010-11; and, • The statutorily required notice and billing documentation that is required for using the tax bill collection method for the annual assessment program in subsequent years. Attached as Appendix A is the work plan under which GSG will assist the City in implementing the assessment program. The scope of services is based on the assumption that the City will be an active participant and provide the necessary budget information and other data required to develop the assessment methodologies. GSG will work under a lump sum professional fee arrangement as described in the attached scope of services. The appendix also provides a list of project deliverables and a delivery schedule. The deliverables schedule is based on a projected Fiscal Year 2010-11 implementation using the tax bill collection method. Upon receiving notice to proceed, we will provide a detailed critical events calendar and a schedule for project deliverables that is tailored to the City. Please note that GSG works with the premise of developing and implementing assessment programs with an eye on potential legal challenges in an attempt to maximize both the efficiency and the effectiveness of any defense. Nonetheless, the fees outlined in Appendix A for professional services do not include any provision for litigation defense. Accordingly, in the event there is a legal challenge, GSG would be available, on an hourly basis, to assist the City in its defense. Please review the attached scope of services and upon review and satisfactory determination, please sign where indicated to acknowledge acceptance of the scope of services and to serve as proper notice to proceed. Upon execution, please provide us with a signed copy for our files. We look forward to working with City of Delray Beach on this very important project. If you or any other City officials have any questions, please feel free to contact us. Sincerely, ~~ Camille P. Tharpe Sr. Vice President CPT/sm Attachment Appendix A FIRE SERVICES ASSESSMENT PROPOSAL Scope of Services PHASE ONE: Task 1: Evaluate Reports and Research Issues Evaluate the City's existing documents, ad valorem tax roll information, fire call data, agreements, reports and other data pertaining to the provision of fire services. Task 2: Identify Full Costs of Service Evaluate the full cost of the fire service delivery using the City's most current financial information and identify service delivery issues which may affect the apportionment methodology. Determine the net service delivery revenue requirements. Task 3: Develop the Apportionment Methodologry Using the current ad valorem tax roll and fire incident data reported to the State Fire Marshal, develop the method of apportionment, classification of properties and the use of the data on the assessment roll. Review the assessment methodology for legal sufficiency and compatibility with alternative methods of collection. Task 4: Determine Preliminary Revenue Requirements Advise the City in determining the total fire service assessment revenue requirements to ensure the City recovers the costs of: (a) net fire service delivery revenue requirements, (b) implementing the program, and (c) collecting the assessments. Task 5: Develop Preliminary Assessment Roll Database Using the current ad valorem tax roll, create a preliminary assessment roll database. Test the sufficiency of the database by developing reports to access property information. Task 6: Apply Apportionment Methodologry to Database Apply the apportionment methodology to the preliminary assessment roll database to test the data validity and legal sufficiency. Revise the apportionment methodology as necessary. Task 7: Calculate a Preliminary Proforma Schedule of Rates Using the developed assessment roll, calculate a proforma schedule of rates based on the developed apportionment methodology and revenue requirements for the assessment program. Task 8: Prepare and Present Assessment Report Prepare and present an Assessment Report, which documents proposed apportionment methodologies and proforma assessment rates. PHASE TWO: Task 9: Assist With Fire Services Assessment Ordinance Advise and assist the City's legal counsel in the drafting of a fire services assessment ordinance to establish the procedures for implementation of a fire services assessment program. Task 10: Assist With Initial Assessment Resolution Advise and assist the City's legal counsel in drafting an initial assessment resolution that conforms to the assessment ordinance and that implements the City's policy decisions and proposed methodology. Government Services Group, Inc I A-1 Task 11: Assist With Final Assessment Resolution Advise and assist the City's legal counsel in drafting a final assessment resolution that conforms to the assessment ordinance and adopts final assessment rates. Task 12: Assist with Rate Adoption Process GSG will advise and assist with fulfilling the legal requirements for the adoption of the final assessment rate resolution and certification of the assessment roll in accordance with Section 197.3632, Florida Statutes, including: (a) Produce Notice Roll After verification of final rates for the assessment program, GSG will create the notice roll by applying the rates to the assessment roll. (b) Development and Distribution of First Class/TRIM Notice We will develop the first class notice and its distribution to any affected property owners or produce the data exports needed for the production of TRIM notices by the Property Appraiser. Data exports for TRIM notices will be transmitted as necessary to the Property Appraiser's office, per their specifications. Task 13: Create Final Assessment Roll GSG will update the assessment roll with any corrections and updates received from the City. Final rates will be verified and extended to the updated data in order to create the final assessment roll. The final roll will be provided to the City. Task 14: Certify, Export and Transmit the Final Assessment Roll in Conformance with Uniform Method Using the final assessment roll, GSG will prepare export files on compatible electronic medium capable of merger with the ad valorem tax roll files and will transmit the file to the Tax Collector in the prescribed format. COMPETITIVE BID STATEMENT Miami-Dade County GSG was hired through a competitive bid process by Miami-Dade County (RFP No. 628) to develop a fire and rescue special assessment fee program. GSG received notice to proceed in January 2009. FEE AND COSTS PHASE ONE For the professional services and specialized assistance described in Phase One of the Scope of Services, GSG will work under a "lump sum" fee arrangement of $50,000. Except as noted below, this lump sum fee includes reimbursement for all out-of-pocket expenses. The lump sum fee for professional services for Phase One includes a total of three on-site visits to the City by GSG staff. While the purpose of these trips is negotiable, the intent of these meetings is to obtain initial information, participate in individual briefing sessions with elected officials, and present the assessment memorandum at a City Council Workshop. Government Services Group, Inc I A-2 PHASE TWO For the professional services and specialized assistance described in Phase Two of the Scope of Services, GSG will work under a "lump sum" fee arrangement of $15,000. Except as noted below, this lump sum fee includes reimbursement for all out-of-pocket expenses. The lump sum fee for professional services for Phase Two includes a total of two on-site visits to the City by GSG staff. While the purpose of these trips is negotiable, the intent of these meetings is to assist in the final rate adoption process. Any additional on-site meetings by GSG may be arranged at our standard hourly rates provided below. All expenses related to additional requested meetings will be billed in accordance with section 112.061, Florida Statutes. If necessary, in lieu of on-site visits, periodic telephone conference calls may be scheduled to discuss project status. The standard hourly rates for GSG are as follows: GOVERNMENT SERVICES GROUP, INC. Chief Executive Officer .............................................................................. $225 Senior Vice President ................................................................................ $175 Vice President ............................................................................................ $160 Senior Project Manager/Consultant/Project Coordinator ...................... $160 Consultant/Database Analyst/Technical Services .................................. $130 Administrative Support .............................................................................. $ 50 The lump sum fee does not include the costs of producing and mailing the statutorily required first class notices. Mailing and production costs depend on the number of assessable parcels of property within the assessment program area, but average approximately $1.30 per parcel. Payment of mailing and production costs is due at the time of adoption of the initial assessment resolution or like document. For non-domestic notices, mailing charges will include the actual amount of postage beyond the domestic rate and if U.S. postage rates increase prior to mailing, the additional postage per notice will be charged. A $400 setup fee is charged for mailings to less than 2,000 parcels. The City is responsible for any and all newspaper publications, including, but not limited to, making arrangements for publications and any costs associated therewith. The City is also responsible for any costs incurred to obtain information from the property appraiser or other public official that is necessary for the assessment program. Please note that GSG works with the premise of developing and implementing assessment programs with an eye on potential legal challenges in an attempt to maximize both the efficiency and the effectiveness of any defense. Nonetheless, the fees outlined above for professional services do not include any provision for litigation defense. Accordingly, in the event there is a legal challenge, GSG would be available, on an hourly basis, to assist the City in its defense. PAYMENT SCHEDULE The lump sum fee for professional services and specialized assistance will be due and payable on the following basis. The payment schedule is based on a Fiscal Year 2010-11 implementation and assuming notice to proceed is received in September 2009. If notice to proceed occurs after this date, payment will be adjusted on the basis of a condensing of the anticipated number of months remaining to complete the project. Government Services Group, Inc I A-3 Schedule Payment October 2009 $12,500 -- 25% of Lump Sum Fees for Phase One November 2009 $12,500 -- 25% of Lump Sum Fees for Phase One December 2009 $12,500 -- 25% of Lump Sum Fees for Phase One January 2010 $12,500 -- 25% of Lump Sum Fees for Phase One April 2010 $5,000 -- 33% of Lump Sum Fees for Phase Two June 2010 $5,000 -- 33% of Lump Sum Fees for Phase Two September 2010 $5,000 -- 34% of Lump Sum Fees for Phase Two DELIVERABLES SCHEDULE The following deliverables schedule is based on a September 2009 notice to proceed and implementation of afire assessment program in Fiscal Year 2010-11 using the tax bill collection method. PHASE ONE: Deliverable Notice to Proceed Kick-off Meeting/Data Collection Proforma Budget Development Proforma Assessment Rates Assessment Memorandum PHASE TWO: Deliverable Notice to Proceed Phase Two Initial Assessment Resolution First Class Notices Published Notice Final Assessment Resolution Final Assessment Rates Certify Assessment Roll ACCEPTED AND AGREED TO By: City of Delray Beach Schedule September 2009 October 2009 October -November 2009 November -December 2009 December 2009 -January 2010 Schedule January -February 2010 March -April 2010 April -May 2010 April -May 2010 May -June 2010 May -June 2010 by September 15, 2010 Date Government Services Group, Inc I A-4 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 11, 2009 SUBJECT: AGENDA ITEM WS.3 - SPECIAL/WORKSHOP MEETING OF SEPTEMBER 15, 2009 FY 2010 BUDGET ITEM BEFORE COMMISSION The attached Millage Scenarios spread sheet shows how much would need to be cut form our expense budget or taken from fund balance in order to operate at various millage levels. The attachment entitled 7.30 Mills is the function ranking sheet you have been working with, updated to incorporate all the cuts made up until now. Also attached is an e-mail from Scott Aronson and a schedule showing how the shuttle system could operate if all city funding were cut. We are working to identify additional options for your consideration as well. 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L N O N *k ~ ~ ~ j ~ N ~ ~ C U 3 M 0 n +' ~ ~ ~ ~ 3 '} ~ ~ E • a i ~ C ~ C N ~ U N O L ~ .Q N •~ ~ ~ a"' f 6 ~ ~ 6 N L Q _ ~ Q N ~ ~ 7 N Q N N o ~ LfI LL N 6 ~ L O L O u N ~ N d (6 a-+ L ~ ~n ~ ~ E ~ N h0 ~ ~ qA N ~ O '~ a-+ C ~ d C ~ ~ ~ ~ ~ o \ ~-+ G ~ C~ C ~ ~ L ~ ~ f6 +~ U + + +, U O (L6 C . a-+ N ~ ~ O (~6 N v O N ~ ~ ~ Q N C . ~ Q f6 N C ~ Q i N - ~ ~ 0 N O . ~ ~ ( 6 N ' L7 O Q 0 s ~ ~ ; - ~ N O ~ O L ~ N ~ CJ ~ ' ~ v % Q ~ N a Q N ~ O U ~ a c 6 O to L N . N N ~ ~ Q v i N c -O +~ f6 Q Q ~n L L ~ > C~ ~ J ~ .L W ~ ~ ~ pp c6 U ~ D ~n ~ O ~ Q O > ~ N O N ~ ~ N N C N +~ N O U ~ U Y C d ~ ~ ~ f6 O J ~ v v . ~ ~ N ~ ~ O H ~ ~ ~ C~0 ~' ~ N 'O ~ N 7 ~- > ' ~ ~ O ~ ~- N ~ ~ N ~ N ~ ' '- N L L 'a O a N N O w N L N ;~ a O f6 LL W d Q W' U ~' d ~ U ~' L.L W' J Q d CrJ d N M ~ I.fI l0 I~ 00 Ol O c-I N M ~ LfI l0 I~ 00 Ol O c-I N M ~ From: Aronson, Scott Sent: Friday, September 11, 2009 3:30 PM To: Harden, David Cc: Hasko, Richard Subject: Reduced Shuttle Schedule Mr. Harden: Attached please find a proposed schedule for the shuttle adjusted to provide service without the City's participation. Remaining funding totals $295,325 which at $38.50 per hour, allows us 147 % hours of service per week. The proposed schedule could be modified further to provide later hours on weekends with a later start time on Sundays, for example. Please feel free to contact me if you would like any further modifications. Thank you, s~ 434 S. Swinton Ave. Delray Beach, FL 33444 Ph. 561-243-7196 Fax 561-243-7060 aronson(a~ci.delray-beach.fl.us REDUCED SHUTTLE SCHEDULE Monday Tuesday Wednesda Thursday Friday Saturday Sunday Rte 1A 6:30A - 7P 6:30A - 7P 6:30A - 7P 6:30A - 7P 6:30A - 7P Rte2 7A-8P 7A-8P 7A-8P 7A-8P 7A-8P 7A-8P 7A-8P The schedule above could be maintained with the CRA, FDOT and County funding ($295,325 / yr) Tri Rial's weekend schedule in 09 minutes and 27 minutes after the hour every two hours. Route 2, on weekends, would be scheduled to make trips to Tri Rail as trains arrive. Drivers take 30 minute break Basch shift