Okaloosa County BOCC — March 18, 2014 — Minutes — reading text

questions about giving staff direction to move forward pending the potential of a settlement agreement being filed with the Courts. Mr. Dowd advised the Board it is in an awkward position. He said the county did advertise for bids pursuant to the Purchasing Policy, rejected one bid and ultimately rejected all bids. Mr. Dowd stated if the Board does settle with Mr. Ward and award him a contract, there is a potential for the other party to file a lawsuit. Mr. Boyles responded he is willing to take that risk. Mr. Parisot stated the Board awarded the contract to the other party and then a protest was filed by Sandman. He said perhaps the other party has been silent until he hears Judge Stone’s ruling. Mr. Parisot pointed out a discussion on the litigation was not on the agenda. Mr. Windes said there is something more important here than Saving money, emphasizing the beaches are the county’s lifeblood. He stated he is interested in fashioning a motion with a contingency for the Court’s approval. Mr. Dowd replied the county could contract with Sandman on an emergency basis while this works through the court system which could be a month or more. February 18, 2014 -~19- Minute Book 70, Page 257 Okaloosa County Board of County Commissioners Mr. Harris stated he has gone from one side to the other on this but he is more concerned about the beaches, saying it could be bleak if we don’t do something. He said he is not certain the county 1S prepared to do this effectively. Mr. Harris pointed out Spring Break begins in two weeks, he knows our people are capable and that savings could be realized in out years but it is the commissioners’ job to do what is right with the taxpayers’ dollars. He said it is bed tax dollars but it is Still tax dollars. Mr. Harris noted this is very difficult for him and said he does like what Mr. Dowd and Mr. Boyles have Said. Mr. Boyles made motion, seconded by Mr. Harris, to instruct staff and legal counsel to work toward a settlement agreement of the lawsuit with deliberate haste; for the Board to issue a contract based on the original bid figures tendered by Sandman; to direct staff and legal counsel to proceed with negotiations for emergency beach cleaning services, pending settlement by the Court allowing for the original proposal; and in the interim staff will continue services with existing equipment and staff. Mr. Amunds stated he takes Judge Stone’s order very seriously and he is not comfortable going forward. Mr. Parisot stated the attorney of record is Greg Stewart. Mr. Harris stated the Board has a County Attorney on the dais. Mr. Dowd said he does not believe Mr. Stewart will have a problem with the motion. Mr. Windes recommended a term of 60 days on the emergency contract. Mr. Boyles clarified that his motion will include a provision for approval of an emergency contract with Sandman for no more than 60 days at the amount tendered on the bid. Mr. Dowd stated the judge will not rule to re-bid and the question is whether or not to award to Sandman. He added that if the county prevails, the Board can do whatever it wants. Mr. Boyles stated the plaintiff (Mr. Ward/Sandman) can dismiss without a court action and it becomes a non-issue. 3 yeas, 2 nays. (Mr. Parisot and Mr. Amunds voted no.) Mr. Boyles clarified the motion does include a not-to-exceed 60-day term pending dismissal of the lawsuit and entering into the original agreement. Mr. Harris thanked Mr. Hofstad and staff for all their efforts. Mr. Boyles was asked once again to clarify the points of his motion. He said: (1) issue a contract on an emergency basis to Sandman for a term not to exceed 60 days (2) direct staff and legal counsel to proceed with a settlement agreement and dismissal of the lawsuit February 18, 2014 -20- Minute Book 70, Page 258 Okaloosa County Board of County Commissioners (3) award the contract for beach cleaning services to Sandman as originally recommended after administrative review by the Interim County Administrator Mr. Harris confirmed his understanding of the motion and his second. FACILITIES MAINTENANCE - RENEWAL OF LEASE WITH ELDER SERVICES FOR OLD FORT WALTON BEACH HOSPITAL SPACE Mr. Don Turner, Facilities Maintenance Director, stated the current lease with Elder Services for space in the old Fort Walton Beach Hospital will expire on March 20, 2014. Elder Services has requested an extension of the term to ten years. He said the current lease is for a two-year term. Mr. Turner noted the draft lease he has prepared has a five-year term inserted. The reason Elder Services is requesting a longer term is because it must invest several thousand dollars to repair kitchen equipment. The equipment is necessary to support the Meals-on-Wheels program. Mr. Turner stated Elder Services is nervous about these expenditures if the next lease is terminated after only two years. He told the Board that Elder Services would prefer a ten-year lease. Mr. Parisot stated there has been discussion about demolition of this building. He pointed out Elder Services has not cleaned out the rooms where it has stored many items. Mr. Turner answered Elder Services is not located in the portion of the old hospital which is to be demolished. He said the Medical Examiner, IS, and Elder Services will remain in the building and they are getting good use of the facility. Upon inquiry by Mr. Amunds, Mr. Padgett stated IS has attempted to assist Elder Services with the telephone system but the infrastructure is not yet in place. Mr. Padgett noted that Elder Services has made headway in cleaning out rooms, saying the rooms were filled with donated items. Mr. Boyles made motion to approve a lease renewal with a ten- year term at a lease rate of $2.00 per year with a stipulation that the tenant will retain any equipment/furniture placed in the lease space during the term of the lease. Mr. Turner stated it will be kitchen equipment, such as a freezer, and not junk. Mr. Amunds stated he will second the motion if Mr. Boyles will cut the annual lease rate back to $1.00. Mr. Boyles accepted the amendment. Mr. Amunds seconded the motion. 5 yeas. February 18, 2014 -21- Minute Book 70, Page 259 Okaloosa County Board of County Commissioners FACILITIES MAINTENANCE - SELECTION OF DESIGN FIRM FOR SHERIFF’S NEW SHALIMAR BUILDING Responses to a Request for Qualifications (RFQ) to design the Sheriff’s new Shalimar building were reviewed and ranked by the selection committee. The top-ranked firm was DAG. Mr. Turner requested authorization to begin negotiations with DAG pursuant to policy. If negotiations fail with the top-ranked firm, he Stated negotiations will begin with the #2 firm (CRA Architects) and, if necessary, with the #3 firm (JDF). Mr. Amunds made motion, seconded by Mr. Harris, to approve the department’s recommendation. Mr. Parisot asked the status of the RFQ for the construction manager for this project. Mr. Turner replied this RFQ was for design and the RFQ for construction has not yet been issued. It was Mr. Parisot’s contention the advertisement was already on the street for the Sheriff’s building. Mr. Turner reiterated the advertisement for the construction phase has not been advertised. 5 yeas. HUMAN RESOURCES - UPDATE ON COUNTY ATTORNEY RECRUITMENT Mrs. Kay Godwin, Human Resources (HR) Director, reported the screening committee has reviewed applications from individuals and proposals from firms to provide legal services for the county when current County Attorney John Dowd retires on July 1, 2014. She said the Board requested the committee narrow the applicants to a field of ten individuals for telephone interviews, noting that was accomplished in early February. Mrs. Godwin stated the committee members have identified two candidates with which they are comfortable recommending for personal interviews. Continuing, she stated proposals were received from three firms: (1) Primary designee Greg Stewart of Nabors, Giblin, & Nickerson, P.A. (2) Primary designee Mike Chesser of Chesser & Barr, P.A. (3) Primary designee Dawn E. Stuntz of Matthews & Jones, LLP Mrs. Godwin requested direction from the Board on how to proceed. Mr. Boyles stated he participated on this selection committee. He said telephone interviews were conducted and the committee felt there were two candidates it could recommend for personal interviews. Mr. Boyles advised that no candidate stood head and shoulders above the rest and did not feel there was a strong February 18, 2014 -22- Minute Book 70, Page 260 Okaloosa County Board of County Commissioners group of candidates. He said some consideration was given to the proposals from firms, saying these were good proposals. Mr. Boyles stated given the nature of the individual applications and the proposals, he felt the proposal from Nabors, Giblin & Nickerson stood out as being cost effective and one the Board could use as a bridge through the Shalimar (Annex) project where an office will be established for the County Attorney. He pointed out the firm has in-depth familiarity with the county’s issues. Mr. Boyles stated the Board may want to consider entering into contract with that firm for a short term, perhaps one year, and then go through the selection process again. Mr. Amunds said if the Board did agree to a_e six-month arrangement with Nabors, Giblin & Nickerson, would it then begin the process all over again or retain the existing applications/proposals and extend the time for submissions. Mrs. Godwin stated it could be done either way but she believes the position should then be re-advertised. Mr. Harris commented that Nabors, Giblin & Nickerson has done a phenomenal job and he is of the mind “don’t mess with a good thing.” He added that he is not saying the Chesser & Barr firm would not be good but he believes there could be conflicts of interest because it is a local firm. Mr. Parisot stated litigation costs will be in addition to the basic fee structure with Nabors, Giblin & Nickerson. He said if the Board goes forward with a contract with this firm, he believes it should be for at least one year with the possibility of extending for one additional year. Mr. Parisot stated he believes the county eventually needs a County Attorney on site, in a county office. He also said the selection of a County Attorney should be an individual who will be in it for the long haul. Upon inquiry by Mr. Amunds about the current contract with Nabors, Giblin & Nickerson, Mr. Dowd replied if the Board chooses to take advantage of their proposal, then it should let the firm propose the contract. Mr. Windes said the Board should look at a timeframe for this arrangement. Mr. Boyles did not feel it was necessary to rush into a decision tonight. Mr. Amunds responded he is prepared to go forward tonight, saying Mr. Dowd may want to use some of the annual leave he has accumulated. February 18, 2014 -23- Minute Book 70, Page 261 Okaloosa County Board of County Commissioners Mr. Boyles made motion, seconded by Mr. Harris, to direct staff to enter into negotiations with the Nabors, Giblin & Nickerson firm based on the proposal submitted. Mr. Windes remarked that ne fails to see how an out-of-town firm can do it cheaper. 4 yeas, 1 nay. (Mr. Windes voted no.) Mrs. Godwin stated she would like to bring closure to the process once a contract is negotiated and recommended all candidates and firms be notified of the Board’s action. The commissioners had no objections to Mrs. Godwin’s recommendation. PUBLIC COMMENTS Mr. Taylor Ward, Sandman, said he would like to take this opportunity to thank the Board. He believed the Board made the right decision with regard to the beach cleaning services and stated he will not let them down. Mr. Ward also thanked Mr. Hofstad and his staff for everything they have done. Mr. Jerry Melvin said on behalf of Ruth Lovejoy and Elder Services, he would like to thank the commissioners for their actions to extend the lease at