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Item #05 Approval of Increase to Public Resources Management Group Budget for Revenue Sufficiency Model Study • Cen ter of Good Ltv e Q AGENDA ITEM COVER SHEET Meeting Date: November 2, 2010 Item # 5 Reviewed By: Contact Name: Charles K. Smith, P.E _ Department Director: Charles K. Smi Contact Number: 407 - 905 -3159 City Manager: Robert Frank ' ",�J7' Subject: Increase to Public Resources Management Group Budget for Revenue Sufficiency Model Study Background Summary: On January 16, 2007, Commission approved the awarding of RFQ # 0702 to Public Resources Management Group (PRMG) for the Utilities Revenue and Expenditure Sufficiency Study. The original approval included a study funding authorization of $50,000. The study developed a revenue /expense model that includes but is not limited to: past expenditures, present and future volumetric usages, historical and planned maintenance, existing and future debt encumbrances, and impacts resulting from the Capital Improvement Plan. When completed, the study will provide a timeline for predicted revenues /anticipated expenses and annual funding levels for the department's R &R (repair and replacement) program and provides future bonding support. Since the original development of the study, staff has compiled the Utilities Department budget in more detail, which includes ten (10) year schedules for: maintenance programs for lift stations, wastewater, reclaim and water facilities, staffing levels, and vehicle /equipment replacement schedules. The economy has also had significant changes since the development of the original study which have affected population projections, and this has caused a revenue shortfall due to the reduction in the number of connection fees collected and the reduction in potable water consumption. In addition, the success of the City's reclaim systemexpansion has decreased potable water and sanitary sewer revenues but has been slightly mitigated by an increase reclaim revenues. The update of the study will take the above into account and shall address the current Capital Improvement Plan and provide discussion of funding opportunities. Issue: Should Commission increase the original approved project budget and also authorize the City Manger to execute a work order for the Revenue Sufficiency Model Study Update with Public Resources Management Group? Recommendations Motion to authorize City Manager to execute a work order with Public Resource Management Group to complete the Revenue Sufficiency Model Update in the amount of $30,000; and increase the original Commission - approved (January 16, 2007) contractual project budget from $50,000 to $65,000. Attachments: Public Resources Management Group, Inc's Revenue Sufficiency Model Update Scope of Services. Financial Impact: The original authorization for PRMG in Fiscal Year 2006/2007 was for $35,000 with approval for up to $50,000. $1,046.07 is remaining from the initial $35,000 purchase order and in Fiscal Year 2009/2010 $15,000 was approved but went unspent. This request will utilize the unspent 2009/2010 funds which were carried forward and also include $15,000 from "Miscellaneous Professional Services" (401- 531 -00 -3128) included within the 2010/2011 Fiscal Year budget for a total work order amount of $30,000. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading ✓ Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction ✓ Original Document/Contract Attached for Execution by City Clerk v Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. did¢}' N/A Reviewed by ( ) N/A Ill 1 ' Public Resources Management Group, Inc. AI Utility, Rate, Financial and Management Consultants October 8, 2010 Mr. Charles Smith Director of Utilities City of Ocoee — Utility Division 1800 A.D. Mims Road Ocoee, FL 34761 Subject: Revenue Sufficiency Model Update Dear Mr. Smith: On behalf of the City of Ocoee (the "City ") you have recently requested that Public Resources Management Group, Inc. (PRMG) provide a proposal to the City for a revenue sufficiency model update. PRMG has previously been retained to provide a Utility Revenue Sufficiency Analysis pursuant to a professional services agreement dated February 2, 2007 (the "February 2007 Agreement "). PRMG has completed the development of the initial Utility Revenue Sufficiency Analysis and presented these initial results to City staff on September 29, 2009. Recently, PRMG personnel met with the City and its consultants on September 28, 2010 to discuss the refunding of outstanding City utility debt and the funding of future capital improvements. During this meeting and subsequent conversations, PRMG proposes the following: Phase 1: Update the previous projections and alternatives completed from the prior year with a presentation to City staff. Phase 2: Provide minor revisions to Phase 1 based on the results of the staff presentation, and prepare briefing documentation and presentation to the City Commission regarding utility capital financing options. Depending on the Commission direction at the conclusion of Phase 2, the City may require a utility rate study to design rates to fund the capital plan and ongoing utility needs. The proposed not -to- exceed budget is $30,000 based on the following breakdown: Phase 1 $20,000 Phase 2 $10,000 Total $30,000 K: \ \1202\Agmt Ltr_Util Revenue Sufficiency 2011 341 NORTH MAITLAND AVENUE - SUITE 300 - MAITLAND, FL 32751 TELEPHONE: (407) 628 -2600 • FAX: (407) 628 -2610 • EMAIL: PRMG@PRMGinc.com Mr. Charles Smith City of Ocoee — Utility Division October 8, 2010 Page 2 PROJECT TEAM AND BILLING RATES With respect to the performance of this engagement, Tony Hairston will be the project manager and primary contact with the City, and will be assisted by Felipe Salcedo. Other analysts and administrative personnel will be utilized during the course of the engagement as needed. Attachment A summarizes the direct labor hourly billing rates relative to this engagement. SCOPE OF SERVICES A detailed scope of services relative to this project is included herein as Attachment B. COMPENSATION AND BILLING Based on the direct hourly labor billing rates as identified in Attachment A, the Scope of Services summarized in Attachment B (both of which are consistent with the February 2007 Agreement), the not -to- exceed budget is $30,000 for the project, based on the two phases outlined at the beginning of this letter. The project budget amount includes the direct cost of personnel anticipated to be assigned to the project as well as any other direct costs such as travel, telephone, and copying, printing, and shipping charges based on the Standard Costs or reimbursement schedule as reflected on Attachment A. It is proposed that PRMG will bill monthly for services relative to this engagement based on the hourly amount of time spent by the project team members, the other direct costs incurred, and the pass- through of any subconsulting costs that may be required for the engagement. No additional services above the cost estimate will be performed without the prior written authorization of the City. K: \ \1202\Agmt Ltr_Util Revenue Sufficiency 2011 Mr. Charles Smith City of Ocoee — Utility Division October 8, 2010 Page 3 TERMS AND CONDITIONS Standard terms and conditions, that are made part of this Agreement, are set forth in Attachment C. We are providing two copies of this agreement for your approval. If this agreement is acceptable to you, please execute both copies and return one to us. The other copy is for your records. We appreciate the opportunity to continue providing utility rate consulting services to the City of Ocoee. Very truly yours, ACCEPTED BY: Public Resources Management Group, Inc. City of Ocoee, Florida Henry L. Thomas Name Vice President and Principal Title Date Attachments ATTEST: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY ON this day of , 2010. Beth Eikenberry, City Clerk FOLEY & LARDNER LLP (SEAL) By: City Attorney K: \ \1202\Agmt Ltr_Util Revenue Sufficiency 2011 ATTACHMENT A CITY OF OCOEE, FLORIDA UTILITY REVENUE MODEL UPDATE SCHEDULE OF DIRECT LABOR HOURLY RATES AND STANDARD COSTS • DIRECT HOURLY RATES Direct Labor Project Team Title Hourly Rates [ *] Principal $150.00 Associate $125.00 Managing Consultant $110.00 Supervising Consultant $100.00 Senior Consultant $ 90.00 Rate Consultant $ 80.00 Consultant $ 70.00 Rate Analyst $ 60.00 Analyst $ 45.00 Assistant Analyst $ 35.00 Administrative $ 45.00 [ *] Direct labor hourly rates effective to December 31, 2010; rates will be adjusted by not more than five percent (5 %) per annum (rounded to the nearest dollar) or as mutually agreed between parties for invoices rendered after October 1 of each year thereafter until project completion or termination of the agreement. STANDARD COST RATES Expense Description Standard Rates [ *] Mileage Allowance — Personal Car Use Only $0.420 per mile Reproduction (black and white) (in house) $0.05 per page Reproduction (color) (in house) $0.25 per page Reproduction (contracted) Actual Cost Computer Time $0.00 per hour Telephone Charges Actual Cost Delivery Charges Actual Cost Lodging/Other Travel Costs Actual Cost Meals Not to exceed per PRMG Employee $8.00 — Breakfast $12.00 — Lunch $25.00 — Dinner Subconsultant Services Actual Cost plus 5.0% Other Costs for Services Rendered Actual Cost [ *] Standard cost rates effective to December 31, 2010; rates will be adjusted by not more than five percent (5 %) per annum (rounded to the nearest dollar) or as mutually agreed between parties for invoices rendered after October 1 of each year thereafter until project completion or termination of the agreement. K: \1202\Agmt Ltr_Util Revenue Sufficiency 2011 A -1 ATTACHMENT B CITY OF OCOEE, FLORIDA UTILITY REVENUE MODEL UPDATE SCOPE OF SERVICES The following represents the scope of services to be performed by Public Resources Management Group, Inc. (PRMG) as it relates to the performance of a utility revenue sufficiency analysis update for the City of Ocoee, Florida (the "City "). The tasks included in the scope of services are described below: Phase 1, Task 1 — Kick -off Meeting /Data Acquisition: This task includes a kick -off meeting or teleconference in order to coordinate the project update, recent events, scheduling, and data collection. This task includes the preparation of a data request for updated data and information. Phase 1, Task 2 — Update of Customer and Sales Forecast: This phase includes the update of the water, wastewater, and reclaimed water customers and sales projections. Phase 1, Task 3 — Review of Capital Improvement Program and Capital Funding Analysis: This phase involves an update of the City's capital improvement program and an analysis to identify all sources of funds applicable to the capital improvement program. Phase 1, Task 4 — Revenue Requirements Analysis (Financial Forecast Model): This phase estimates the amount of revenues to be recovered from utility system rates. Specifically, this component of the study will include an estimate of net revenue requirements of each utility system. A five -year financial forecast will be the basis for the development of the net revenue requirements from rates, capital improvement funding, and cost recovery strategies. The following are the major subtasks anticipated within this task: • Projection of Utility Operating Expenditures • Projection of Miscellaneous Utility Revenue • Identification of Other Utility Funding Requirements — Funding of Reserves — General Fund Transfers — Reclaimed Water Cost Allocation — Other Costs • Projection of Water Revenue Sufficiency • Projection of Wastewater Revenue Sufficiency • Debt Service Coverage Analysis Phase 1, Task 5 — Preparation of the Revenue Sufficiency Analysis: The results of the various study phases will be summarized in a staff level final revenue sufficiency analysis, and such analysis will be presented to staff during a scheduled meeting. K: \1202- 01\Agmt Ltr_UtiI Revenue Sufficiency 2011 B-1 Phase 2, Task 1 — Minor Forecast Adjustments: Based on the results of the staff presentation, minor adjustments to the financial forecast may be required. This task provides for minor adjustment such as adjustments to escalation factors, minor changes in the capital costs or timing, or clarification of certain data inputs. This task does not include the inclusion of additional options or scenarios. Phase 2, Task 2 — Development of Draft Report and Presentation Materials: The analytical results will be summarized in a draft letter report and briefing document to be submitted to City staff. A final report and briefing document will be provided prior to the first Commission workshop. Phase 2, Task 3 — Presentation to City Commission: The results will be presented to the Commission for up to two (2) workshops. The purpose of the workshops is to present the financial forecast results and options to the Commission and to obtain policy direction. The workshops are not intended as rate hearings or to justify rate adjustments. MEETINGS A number of informal presentations will be made to City staff throughout the course of the study. The meetings anticipated in this scope of services are summarized below: Number of Meetings Working Group /Staff Presentation (Phase 1) 1 Presentation of Updated Analysis with Staff (Phase 1) 1 Two Council Workshops (Phase 2) 2 Total Number of Meetings 4 ADDITIONAL SERVICES During the course of this study, the City may request that PRMG perform additional services relative to this engagement. The following is an example of additional services that PRMG considers being in addition to what was described in the above Scope of Services: 1. Additional presentation of results to the City Commission beyond the two (2) outlined above. 2. An update to historical information or projections after completion of Phase 1. 3. Design of potable water, wastewater, or reclaimed water rates to meet projected revenue requirements. While the analysis will indicate overall rate levels on a system -wide basis and average rate adjustments needed, the scope does not contemplate any proposals to change the actual rate structure or level; K: \1202\Agmt Ltr_Util Revenue Sufficiency 2011 B -2 4. Development of detailed capital financial scenarios above what is contemplated in the scope of services, including the performance of detailed research (e.g., meeting with regulatory agencies, preparation of filing applications, etc.) for the securing funds; 5. Development of a feasibility report required by the issuance of a loan or debt on behalf of the utility; 6. Development of miscellaneous charges (turn-on fees, deposits, etc.); 7. Costs incurred due to substantial delays in the duration of the project by the utility or major changes in policy as directed by the utility which is different from what is implied in the scope of services; and 8. Review and design of impact fees or similar capital recovery fees. DELIVERY SCHEDULE PRMG will complete the Phase 1 by January 31, 2011 contingent on the City providing substantially complete data by November 15, 2010. PRMG will complete Phase 2 based on the City's schedule, but no more than 90 calendar days after the completion of Phase 1. K: \1202\Agmt Ltr_UtiI Revenue Sufficiency 2011 B-3 PUBLIC RESOURCES MANAGEMENT GROUP, INC. ATTACHMENT C STANDARD TERMS AND CONDITIONS I. SCOPE 1. Comprehensive general liability insurance, Public Resources Management Group, Inc. (PRMG) including personal injury liability, blanket agrees to perform the utility consulting services contractual liability, and broad form property described in the agreement that incorporates these damage liability. The combined single limit for standard terms and conditions. Unless modified in bodily injury and property damage shall be not writing by the parties hereto, the duties of PRMG shall less than $1,000,000. not be construed to exceed those services specifically 2. Automobile bodily injury and property damage set forth in the agreement. liability insurance covering owned, non - owned, rented, and hired cars. The combined single limit II. COMPENSATION for bodily injury and property damage shall be not The Client, as defined in the agreement, agrees to pay less than $1,000,000. for the services as billed within thirty (30) days of receiving the invoice. Amounts paid after thirty (30) 3. Statutory worker's compensation and employers' days may be subject to interest charges. liability insurance as required by state law. Time - related charges will be made in accordance with 4. Professional liability insurance. the billing rate referenced in the agreement. Other indirect expenses and subcontractor services, if any, VI. ASSIGNMENT will be billed in accordance with the standard unit cost These terms and conditions and the agreement to rates as referenced in the agreement or if no reference which they are attached are binding on the heirs, is provided, at cost. successors, and assigns of the parties hereto. This agreement may not be assigned by Client or PRMG III. RESPONSIBILITY without prior, written consent of the other. PRMG is employed to render a professional service only, and any payments made by Client are VII. INTEGRATION compensation solely for such services rendered and These terms and conditions and the agreement to recommendations made in carrying out the work. which they are attached represent the entire PRMG shall perform analyses, provide opinions, make understanding of Client and PRMG as to those matters factual presentations, and provide professional advice contained herein. No prior oral or written and recommendations. understanding shall be of any force or effect with respect to those matters covered herein. The IV. INDEMNIFICATION agreement may not be modified or altered except in PRMG agrees to indemnity, defend, and hold Client writing signed by both parties. harmless from and against any liability arising out of the negligent errors or negligent omissions of PRMG, VIII. JURISDICTION its agents, employees, or representatives, in the This agreement shall be administered and interpreted performance of duties set forth in Article I. under the laws of the State of Florida. Jurisdiction of Client agrees to indemnity, defend, and hold PRMG litigation arising from the agreement shall be in that harmless from and against any liability arising out of state. If any part of the agreement is found to be in the negligent errors or negligent omissions of Client, conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict its agents, employees, or representatives, in the performance of duties set forth in Article I. with said laws, but the remainder of the agreement shall be in full force and effect. V. INSURANCE PRMG shall maintain during the life of the agreement the following minimum insurance: K: \1202\Agmt Ltr_Util Revenue Sufficiency 2011 C-1 PUBLIC RESOURCES MANAGEMENT GROUP, INC. ATTACHMENT C STANDARD TERMS AND CONDITIONS IX. SUSPENSION OF WORK This agreement to arbitrate shall be specifically Client may suspend, in writing, all or a portion of the enforceable under prevailing arbitration law. work under the agreement in the event unforeseen Notice of demand for arbitration shall be filed in circumstances beyond Client's control make normal writing with the other parties to this agreement. The progress of the work impossible. PRMG may request demand shall be made within a reasonable time after that the work be suspended by notifying Client, in the claim, dispute or other matter in question has writing, of circumstances that are interfering with the arisen, but in no event after the date when the normal progress of work. PRMG may suspend work institution of legal or equitable proceedings would be on the project in the event Client does not pay invoices barred by the applicable statute of limitations. The when due. The time for completion of the work shall award rendered by the arbitrators shall be final and be extended by the number of days work is suspended. judgment may be entered in accordance with In the event that the period of suspension exceeds 90 applicable law in any court having jurisdiction. days, the terms of the agreement are subject to renegotiation and both parties are granted the option to terminate work on the suspended portion of the project. X. TERMINATION OF WORK Client may terminate all or a portion of the work covered by the agreement for its convenience. Either party may terminate work if the other party fails to perform in accordance with the provisions of the agreement. Termination of the agreement is accomplished by 15 days prior written notice from the party initiating termination to the other. Notice of termination shall be delivered by certified mail with receipt for delivery returned to the sender. In the event of termination, PRMG shall perform such additional work as is necessary for the orderly filing of documents and closing of the project. The time spent on such additional work shall not exceed 5 percent of the time expended on the terminated portion of the project prior to the effective date of termination. PRMG shall be compensated for work actually performed prior to the effective date of termination plus the work required for filing and closing as described in this Article. XI. ARBITRATION All claims, disputes and other matters in question between the parties to this agreement arising out of or relating to this agreement or the breach thereof, which are not disposed by mutual agreement of the parties, shall be decided by arbitration in accordance with the Florida Arbitration Code. No arbitration arising out of or relating to this agreement shall include any person not a party to this agreement except by written consent containing a specific reference to this agreement and signed by the parties hereto and persons to be joined. K: \1202\Agmt Ltr_Util Revenue Sufficiency 2011 C -2