BAKER COUNTY BOARD OF COMMISSION AGENDA September 19, 2017 5:00 P.M. REGULAR AGENDA I. Invocation and Pledge of Allegiance II. Approval of Agenda III. Approval of Consent Agenda Items 1. Expense Report 2. Approval of Minutes – September 5, 2017 Regular Session 3. Approval of Minutes – September 5, 2017 Public Hearing IV. Public Comments V. Constitutional Officers VI. Committee Reports VII. New Business 1. Resolution 2017-28 State of Emergency & Hurricane Irma Update; Chris Volz 2. Contract Renewal- Building Official and Inspection Services; Kennie Downing 3. FY17/18 Legislative Priorities; Kennie Downing VIII. Old Business 1. Pending Business; Kennie Downing IX. County Manager X. County Attorney XI. Commissioner Comments XII. Adjourn Action Item Action Item Action Item Information Only 6:00 P.M. PUBLIC HEARING 1. Resolution 2017-30 – Final Budget 2. Resolution 2017-26 – Final Millage 3. Inducement & Development Agreement – KD Walls Systems, LLC. Action Item Action Item Action Item If any member of the public desires to appeal a decision made at these hearings, he or she will need a record of the proceedings and for that purpose he or she may need to ensure that a verbatim record of the proceedings is transcribed, which record would include the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing a special accommodation of an interpreter to participate in these proceedings should contact the County Commissioners Office at (904) 259-3613, at least 48 hours prior to the time of the hearing.
59
Embed
BAKER COUNTY BOARD OF COMMISSION AGENDA …104000 81035 08/31/17 1657 bio−cycle llc 27 55210 medical wast 8.17 e 0.00 135.00 104000 81036 08/31/17 2028 BOUND TREE MEDICAL 26 55210
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
BAKER COUNTY BOARD OF COMMISSION
AGENDA
September 19, 2017
5:00 P.M. REGULAR AGENDA
I. Invocation and Pledge of Allegiance
II. Approval of Agenda
III. Approval of Consent Agenda Items
1. Expense Report
2. Approval of Minutes – September 5, 2017 Regular Session
3. Approval of Minutes – September 5, 2017 Public Hearing
IV. Public Comments
V. Constitutional Officers
VI. Committee Reports
VII. New Business
1. Resolution 2017-28 State of Emergency & Hurricane Irma Update; Chris Volz
2. Contract Renewal- Building Official and Inspection Services; Kennie Downing
3. FY17/18 Legislative Priorities; Kennie Downing
VIII. Old Business
1. Pending Business; Kennie Downing
IX. County Manager
X. County Attorney
XI. Commissioner Comments
XII. Adjourn
Action Item
Action Item
Action Item
Information Only
6:00 P.M. PUBLIC HEARING
1. Resolution 2017-30 – Final Budget
2. Resolution 2017-26 – Final Millage
3. Inducement & Development Agreement – KD Walls Systems, LLC.
Action Item
Action Item
Action Item
If any member of the public desires to appeal a decision made at these hearings, he or she will need a record of the proceedings and for that purpose he or she may needto ensure that a verbatim record of the proceedings is transcribed, which record would include the testimony and evidence upon which the appeal is to be based. Inaccordance with the American with Disabilities Act, persons needing a special accommodation of an interpreter to participate in these proceedings should contact theCounty Commissioners Office at (904) 259-3613, at least 48 hours prior to the time of the hearing.
SUNGARD PENTAMATION PAGE NUMBER: 1DATE: 09/14/2017 BAKER CO BOARD OF COUNTY COMMISSIONERS ACCTPA21TIME: 16:03:06 CHECK REGISTER − BY FUND
CASH ACCT CHECK NO ISSUE DT VENDOR NAME DEPT/FUND ACCNT −−−−DESCRIPTION−−−− SALES TAX AMOUNT
104000 81025 08/31/17 481 AMBULANCE MEDICAL B 26 53400 JULY MD PYMNT TRANS 0.00 −96.34104000 81025 08/31/17 481 AMBULANCE MEDICAL B 27 53400 JULY MD PAYMNT EMS 0.00 −96.34104000 81025 08/31/17 481 AMBULANCE MEDICAL B 27 53400 JULY PAYMENT EMS 0.00 1,823.80104000 81025 08/31/17 481 AMBULANCE MEDICAL B 27 53400 JULY MD CLAIM EMS 0.00 66.00104000 81025 08/31/17 481 AMBULANCE MEDICAL B 26 53400 JULY PAYMENT TRANSP 0.00 1,044.26104000 81025 08/31/17 481 AMBULANCE MEDICAL B 26 53400 JULY MD CLAIM TRANS 0.00 60.00104000 81025 08/31/17 481 AMBULANCE MEDICAL B 26 53400 JULY LEGACY TRANSPO 0.00 36.46TOTAL CHECK 0.00 2,837.84
104000 81026 08/31/17 1252 AMERICAN ENTERPRISE 001 218500 FIDELITY EMS UNION 0.00 150.00
104000 81027 08/31/17 22 AMERICAN FIDELITY A 001 218100 AM FIDELITY SEPT17 0.00 1,559.42
104000 81029 08/31/17 33 AUS CENTRAL LOCKBOX 33 55210 UNIFORM 8/28 EXTRAS 0.00 7.65104000 81029 08/31/17 33 AUS CENTRAL LOCKBOX 21 55210 UNIFORM 8/28 ANDERS 0.00 11.21104000 81029 08/31/17 33 AUS CENTRAL LOCKBOX 33 55210 UNIFORM 8/28 BARTON 0.00 9.83104000 81029 08/31/17 33 AUS CENTRAL LOCKBOX 21 55210 UNIFORM 8/28 WHITFI 0.00 11.80TOTAL CHECK 0.00 40.49
The Baker County Board of Commissioners met in a scheduled meeting with the following memberspresent:
Chairman, Jimmy AndersonCommissioner, James CroftCommissioner, Cathy RhodenCommissioner, James G. BennettCommissioner, Bobby Steele
Also Present:Clerk, Stacie D. HarveyCounty Manager, Kennie DowningCounty Attorney, Rich Komando
Note: These meeting minutes are a summarized version of the actual discussions at the meeting. These are notverbatim transcripts. For a complete audio recording of the discussion please visit www.bakercountyfl.org/board orcontact Sara Little at [email protected]
REGULAR SESSION
Chairman Anderson welcomed everyone in attendance and called the meeting to order.Commissioner James Croft led in the invocation and pledge.
Chairman Anderson informed the Board that Commissioner James Bennett would be a fewminutes late for the meeting and had requested that the Fire/EMS Report and Courthouse HVACdiscussions be held until he arrived. Chairman Anderson stated the Board would work through theagenda with Commissioner Bennett’s requests in mind. Kennie Downing recommended theremoval of item three, Nursery Boulevard Design Proposal. Commissioner Bobby Steele movedto approve the regular agenda with the suggested changes. Commissioner James Croft secondedthe motion. The motion carried unanimous.
Chairman Anderson requested approval of the consent agenda which consisted of:
1. Expense Report2. Minutes - August 15, 2017 – Regular Session3. Minutes – August 15, 2017 – Public Hearing
Commissioner Cathy Rhoden moved to approve the consent agenda. Commissioner Bobby Steeleseconded the motion. The motion carried unanimous.
Clerk Harvey requested two volunteers to serve on the value adjustment board. The meetings willbe held on September 7th and October 10th, both at 9:00 a.m. Commissioners Rhoden and Steelevolunteered to serve.
Emergency Management Director, Chris Volz, informed the Board of Hurricane Irma that wasprojected to hit Florida in the next few days. Mr. Volz recommended that citizens take the warningsand evacuation orders seriously, as Irma was expected to be a record breaking hurricane. TheBoard agreed with Mr. Volz and recommended a local state of emergency be in effect.
Page 2Minutes – Regular SessionSeptember 5, 2017
Commissioner James Croft moved to approve Resolution 2017-28 declaring a local state ofemergency and read by title. Commissioner Bobby Steele seconded the motion.Rich Komando read Resolution 2017-28 by title, which states:
A RESOLUTION OF THE BOARD OF COUNTYCOMMISSIONERS OF BAKER COUNTY, FLORIDADECLARING A STATE OF LOCAL EMERGENCY;ADOPTING EXECUTIVE ORDER 17-235, ISSUED BYTHE GOVERNOR OF FLORIDA; PROVIDING DIRECTION TOTHE CLERK; AND PROVIDING AN EFFECTIVE DATE.
Chairman Anderson called for any additional comments. Hearing none, the motion carriedunanimous.
Kennie Downing presented the State Aid to Libraries Agreement for FY17/18. Mrs. Downingexplained this agreement was the same agreement that is presented each year and did not includeany changes. Commissioner James Croft moved to approve the agreement. Commissioner BobbySteele seconded the motion. The motion carried unanimous.
Kennie Downing presented a contract with Baker Correctional Institution work program for thePublic Works Department. Mrs. Downing explained this contract provided staff with access toinmate trustees to assist in the daily operation of the County. Commissioner Bobby Steele movedto approve the contract. Commissioner Cathy Rhoden seconded the motion. The motion carriedunanimous.
Kennie Downing presented a separate contract with Baker Correctional Institution work programfor the Board of County Commissioners. Mrs. Downing explained that this contract provided allother County Departments with inmate trustees to assist in the daily operation of the County.Commissioner James Croft moved to approve the contract as presented. Commissioner BobbySteele seconded the motion. The motion carried unanimous.
Kennie Downing presented an update contract with the University of Florida for medical examinerservices. Mrs. Downing explained that Baker County does not have its own medical examiner andhad contracted that service to the University of Florida for many years. The total for this contractwas $35,134.56 and was included in the upcoming budget. Commissioner Cathy Rhoden movedto approve the contract as presented. Commissioner Bobby Steele seconded the motion. Themotion carried unanimous.
Kennie Downing presented an updated contract for FY17/18 with the Florida Department ofHealth. Mrs. Downing explained that this contract was the same agreement that is presented eachyear and did not include any changes. Commissioner Cathy Rhoden moved to approve the contractas presented. Commissioner Bobby Steele seconded the motion. The motion carried unanimous.
Cheryl Rewis presented a staff request for open an additional bank account with First FederalBank. Mrs. Rewis explained this account would be for the processing of credit card payments in
Page 3Minutes – Regular SessionSeptember 5, 2017
county offices. Commissioner Cathy Rhoden moved to approve the request. Commissioner BobbySteele seconded the motion. The motion carried unanimous.
Mrs. Downing informed the Board that staff is currently working to revive the TouristDevelopment Council. Mrs. Downing explained that any county that collects the tourist tax musthave a Tourist Development Council. Due to the requirements by Florida Statutes on who thosemembers can be, membership has been difficult to locate. Mrs. Downing stated that staff wouldcontinue to work with legal counsel to ensure than members qualified for the board and wouldhave a meeting as soon as possible.
Trevor Nelson presented the Board with the final Fire/EMS Vision Study Committee report. Mr.Nelson explained that the committee had identified five service goals Fire/EMS should strive toachieve at all times:
1. Working, up-to-date equipment and vehicles2. Replacement schedule for vehicles and funding source identified3. Trained personnel (full-time, part-time, volunteers), retain by- Training and continuing
education, competitive pay and benefits, improve facilities, dayroom and living quarters4. Good response times5. Develop feedback communication methods to hear from the community
Mr. Nelson also stated the recommended changes to the department were as follows:1. Include the Town of Glen in the Fire Assessment2. Fire Assessment should be reviewed and updated to include vacant land classified asnon- agricultural3. EMS Department should be funded by the EMS Special Assessment
Mr. Nelson further explained that merging both Fire and EMS departments was the most efficientmodel by allowing one employee to do two jobs and pay them accordingly. (Please refer to theaudio recording of this meeting for a complete version of this report). The Board thanked Mr.Nelson and the committee for their hard work in preparing the report.
Kennie Downing presented the Board with three options for HVAC and roofing projects at theCourthouse. The first option was from Johnson Control, the second from Trane and the thirdoption allowed staff to issue bid solicitation for a new roof. A very lengthy discussion was heldregarding all three options. (Can be heard on audio file). Commissioner Bobby Steele moved toapprove the proposal from Trane for the Courthouse HVAC project in the amount of $302,547.Commissioner James Croft seconded the motion. The motion carried unanimous. Based on thisdecision the Board directed staff to prepare a bid solicitation for the roof replacement at theCourthouse.
Meeting adjourned.
__________________________________ ___________________________________Stacie D. Harvey, Clerk Oliver J. Anderson, Chairman
BAKER COUNTY BOARD OF COMMISSIONERS
MINUTES SEPTEMBER 5, 2017
The Baker County Board of Commissioners met in a scheduled meeting with the following memberspresent:
Chairman, Jimmy AndersonCommissioner, Bobby SteeleCommissioner, James CroftCommissioner, Cathy RhodenCommissioner, James G. Bennett
Also Present: Clerk, Stacie D. HarveyCounty Manager, Kennie DowningCounty Attorney, Rich Komando
Note: These meeting minutes are a summarized version of the actual discussions at the meeting. These are notverbatim transcripts. For a complete audio recording of the discussion please visit www.bakercountyfl.org/board orcontact Sara Little at [email protected]
PUBLIC HEARING
Chairman Anderson welcomed everyone in attendance and opened the public hearing.
Chairman Anderson stated “that this public hearing is to present the proposed budget of BakerCounty to the public for comment, questions and review, to make changes if desired by the County.The process for budget adoption is detailed precisely in Florida Statutes and we must comply withthose directives. The very first order of business is to discuss the proposed millage, the rolled-backmillage rate, reasons for the increase in ad valorem tax revenues. I will turn this discussion over toour County Manager to make certain we meet all required communications.”
Mrs. Kennie Downing stated “the name of the taxing authority is Baker County, Florida. TheCounty Commission’s proposed budget for FY 2017/2018 reflects a millage rate of 7.2916. Thatmillage can be compared to the current millage rate which is the same at 7.2916, and to the rolled-back millage rate which is 7.1985. The rolled-back rate is a calculation which brings in the sametax dollars next year as for this year excluding new construction. I am required by Statutes to statethe percent increase of the proposed millage compared to the roll-back. This is a positive number,because it is an increase. The proposed rate is a 1.29% increase over the rolled-back rate, or inother terms, a 1.29% increase. The County’s overall proposed budget is $31,428,554 and breaksdown as follows: General Fund - $9,654,920. Fine and Forfeiture - $4,466,531. Road and Bridge- $2,421,385. Road Paving - $6,373,600. Corrections - $2,900,000. Other Expenses - $5,612,118.This does not represent a millage increase. Property values increased this year by 2.43%. TheCommission voted 5-0 to set the max millage rate at 7.2916. This increase would allow the Countyto better fund the provision of essential services to our citizens. The budget reflects the draft budgetreviewed by the Commission throughout numerous budget workshops conducted over the past few
Page 2MINUTES- Public HearingSeptember 5, 2017
months, which is being presented this evening, September 5, 2017 at a public hearing and isscheduled for a second hearing and adoption on September 19, 2017.”
Chairman Anderson called for any public comments regarding Resolution 2017-29, proposedmillage. There were no public comments. Chairman Anderson closed the public hearing andreopened the regular session.
Commissioner James Bennett moved to approve Resolution 2017-29 and read by title.Commissioner Cathy Rhoden seconded the motion.
Rich Komando read Resolution 2017-29 by title, which states:
A RESOLUTION OF THE BOARD OF COUNTYCOMMISSIONERS OF BAKER COUNTY, FLORIDA ADOPTINGTHE TENTATIVE LEVYING OF AD VALOREM TAXES FORBAKER COUNTY FOR FISCAL YEAR 2017/2018; PROVIDINGFOR AN EFFECTIVEDATE.
Chairman Anderson called for any additional comments. There were no additional comments. Themotion carried unanimous.
Chairman Anderson closed the regular meeting and opened the public hearing regardingResolution 2017-25. There were no public comments. Chairman Anderson closed the publichearing and reopened the regular session.
Commissioner James Bennett moved to approve Resolution 2017-25 and read by title.Commissioner Bobby Steele seconded the motion.
Rich Komando read Resolution 2017-25 by title, which states:
A RESOLUTION OF THE BOARD OF COUNTYCOMMISSIONERS OF BAKER COUNTY, FLORIDA,ADOPTING THE TENTATIVE BUDGET FOR FISCAL YEAR2017/2018; PROVIDING FOR AN EFFECTIVE DATE.
Chairman Anderson called for any additional comments. There were no additional comments.The motion carried unanimous.
Page 3MINUTES- Public HearingSeptember 5, 2017
Darryl Register presented Resolution 2017-27 regarding KD Walls Systems, LCC ruraleconomic development initiative financial support for consideration. Mr. Register stated that KDWalls Systems, LLC is a modular stud wall manufacturer that will be located in Sanderson in theformer Hanson Tile building. Mr. Register gave a presentation consisting of the followinginformation:
Capital Investment$2,600,000 Facility & Equipment at Startup$600,000 Additional Equipment in 2nd Year
Employment20 Employees at Startup20 Additional Employees in 2nd Year20 Additional Employees in 3rd Year
Wages$40,000 Average Annual Wages(17.7% higher than county manufacturing sector; 38% higher than county average)
Economic Impact Over the First 5 YearsTotal number of new permanentdirect jobs created (2017- 2021)
Total number of new permanentindirect jobs created (2017 - 2021)
Total number of new permanentjobs c reated
(direct & indirect2017 - 2021)
Direct and Indirect JobsTop 3 Industry Sectors
Cumulative Gross County Product(2017-2021)
Cumulative Disposable PersonalIncome
(20 17 -2021)
60
23
83
ManufacturingConstructionRetail Trade
$24.5 Million($4.9 million each year thereaffer)
$10 million($2 million each year thereafter)
Local Incentives* REV Grant* Annual cash grant equal to 50% of the County portion of ad valorem taxes paid for the
first 5 years of operations* Annual cash grant equal to 25% of the County portion of ad valorem taxes paid in years
6-19 of operations
Page 4MINUTES- Public HearingSeptember 5, 2017
* Annual cash grant equal to 90% of the County portion of tangible personal property taxespaid for 10 years
* Company must maintain a minimum of 30 full-time employees* Average wage paid to all employees must be at least 25% higher than the County current
average (current - $28,953 / 25% higher - $36,191)* Company must pay all taxes due each year before applying for the grant
(For detailed information regarding this presentation please refer to the audio file)
Chairman Anderson called for public comment regarding Resolution 2017-27 and theaccompanying Inducement and Development Agreement. There were no public comments.
Chairman Anderson closed the public hearing and reopened the regular session.
Commissioner James Bennett moved to approve Resolution 2017-27 and read by title.Commissioner Cathy Rhoden seconded the motion.
Rich Komando read Resolution 2017-27 by title, which states:
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OFBAKER COUNTY, FLORIDA, FINDING THAT KD Walls, Inc., INC. BEAPPROVED AS A QUALIFED APPLICANT PURSUANT TO F.S.288.106,REQUESTING A WAIVER OF LOCAL FINANCIAL SUPPORTREQUIREMENT WITHIN THE QUALIFIED TARGET INDUSTRY TAXREFUND PROGRAM, AND PROVIDING FOR AN EFFECTIVE DATE.
Chairman Anderson called for any additional comments. There were no additional comments. Themotion carried unanimous.
Mr. Register explained that the Inducement and Development Agreement will be brought back fora second hearing and adoption on September 19, 2017, however, the Board may also make a motionfor the hearing being held tonight.
Commissioner James Bennett moved to approve the first hearing and reading of the Inducementand Development Agreement for KD Walls Systems, LLC. Commissioner Cathy Rhoden secondedthe motion. The motion carried unanimous.
Chairman Anderson closed the regular session and opened the public hearing regarding thecommunity input for the CDBG grant process.
Kennie Downing stated County staff has met with our grant writers, North FloridaProfessional Services, to begin a dialogue regarding CDBG funding. The CDBG programis grant funding offered through the U.S. Department of Housing and Urban Development
Page 5MINUTES- Public HearingSeptember 5, 2017
(HUD). CDBG is a flexible program that provides communities with resources to addressa wide range of unique community development needs. Project funding varies with amaximum award amount of $750,000 and does not require a County match. Types ofapplicable projects include (listed in alphabetical order):
Community Centers Downtown Revitalization Drainage/Stormwater improvements Economic Development that creates job for low or moderate income people Fire Stations Park Facilities Rehabilitation of substandard housing Street or sidewalk improvements Water/Sewer system improvements
Part of the process in applying for CDBG funding requires two public hearings and a citizenadvisory committee to be formed. The first public hearing would allow citizens from BakerCounty to voice their opinion on projects they feel are needed in our community. Based onresponses from the first hearing, the Board of County Commissioners can make aninformed decision on what project is most needed in our community. Which is the publichearing being held tonight. The next step is to appoint a Citizen Advisory Committeetasked with discussing the selected project and developing details and cost estimates. TheCitizen advisory committee must consist of 51% citizens that meet the category of “low-income” or “moderate-income” per CDBG guidelines. The CDBG grant application isthen drafted. The second public hearing will provide citizens an opportunity to commenton the grant application and understand the costs and impacts.
Chairman Anderson called for public comment. Citizens in favor of applying for fundingfor a new Council on Aging facility to house congregant meals, a new kitchen and daycenter on the current transportation center property were:
Barbara YarboroughMaria AllenChristina HarveyElijah DanielsDennis Ferguson
Citizens in favor of applying for funding for a new fire station citing concerns overfailing infrastructure and dilapidated buildings were:
Ed BarberTrevor Nelson
Page 6MINUTES- Public HearingSeptember 5, 2017
Kelsey AndersonJeremy PooleDavid RichardsonTanya Anderson
The Board thanked everyone for their input regarding the grant process. Mrs. Downingstated the County had quite a bit of time to consider all the options, form a citizen advisorycommittee and make a decision on what option the Board would apply for by January 2018.
Meeting adjourned.
________________________________ _______________________________Stacie D. Harvey, Clerk Oliver J. Anderson, Chairman
RESOLUTION 2017-28
A RESOLUTION OF THE BOARD OF COUNTYCOMMISSIONERS OF BAKER COUNTY, FLORIDADECLARING A STATE OF LOCAL EMERGENCY;ADOPTING EXECUTIVE ORDER 17-235, ISSUED BYTHE GOVERNOR OF FLORIDA; PROVIDINGDIRECTION TO THE CLERK; AND PROVIDING ANEFFECTIVE DATE.
WHEREAS, the State of Florida and Baker County are experiencing an imminent threat ofpersonal injury and property damage due to Hurricane Irma approaching Florida and the BakerCounty area; and
WHEREAS, Hurricane Irma poses a potentially serious and imminent threat to the Baker Countyarea, based upon the potential to create excessive rainfall which may pose a serious threat to publichealth and safety, and cause serious flooding, and property damage within Baker County; and
WHEREAS, the Governor of State of Florida has issued Executive Order Number 17-235,declaring that a State ofEmergency exists throughout the State of Florida, including Baker Countyas a result of the imminent threat of injury and damage from Hurricane Irma; and
WHEREAS, Baker County must take timely emergency measures because of the heightenedpotential for injury or damage to life and property within the County, and the length of timerequired to evacuate residents from the hazards of a hurricane; and
WHEREAS, the margin of error of the National Hurricane Center's meteorological forecast doesnot allow for confident prediction of the location of Hurricane Irma relative to the time periodrequired to complete an evacuation of Baker County; and
WHEREAS, certain additional specialized equipment and personnel may be required to assist inevacuation and to take protective action with regard to life and property; and
WHEREAS, other measures may have to be taken in order to mitigate the potential for causingfurther threatening conditions as well as extensive damage to public utilities, public buildings,public communication systems, public streets and roads, public drainage systems, commercial andresidential buildings and areas; and
WHERAS, Chapter 252, Florida Statutes, authorizes a political subdivision such as Baker Countyto declare a state oflocal emergency.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTYCOMMISSIONERS OF BAKER COUNTY, FLORIDA:
INSTR# 201700005129RECORDED9f7/2017 11 :05 AMStacie D. Harwy CLERK OF COURTSBAKER COUNTY FLORIDAPage 1 of 14
DEPUTY CLERK TINA
Section 1. Declaration of State of Local Emergency.
1. The imminent approach of Hurricane Irma, along with anticipated heavyrainfall and flooding, poses a serious threat to the health, safety, and welfare ofpeople and property of Baker County, Florida, and that a state of local emergencyis hereby declared, effective immediately, for the incorporated and unincorporatedareas of Baker County.
2. The evacuation of areas or zones so determined by the County Manager as anevacuation area or zone may be ordered by the County Manager.
3. A. The County Manager is hereby given authority to:
i. Determine whether any specific areas or zones of the County are to be evacuated;
ii. Order the evacuation ofall persons from all areas of Baker County designated asevacuation zones;
iii. Direct the sequence in which such evacuations shall be carried out, includingthe time any evacuations are to begin, as well as the time such evacuations are tobe completed; and
iv. Regulate the movement ofpersons and traffic to, from, or within any location inBaker County to the extent needed to cope with this emergency.
B. Any evacuation order issued by the County Manager shall be in writing;immediately disseminated by all practical means so as to inform the public in theeffective area; filed with the Clerk to the Board of County Commissioners; andattached to and become part of this Resolution. An Order of Evacuation shallbecome effective upon execution by the County Manager. The County Managershall have the authority to amend, rescind, or terminate any evacuation order.
4. The County Manager is hereby empowered and authorized to waive the proceduresand formalities otherwise required of the County by law or Ordinance pertaining toany action designated in Section 252.38, F.S.
5. The County Manager is further empowered to carry out all emergencyresponsibilities delegated by the Governor to the political subdivisions of the State.
6. All State and/or local business licenses, vendors, merchants, and any other personoperating a retain business in Baker County, are hereby prohibited from chargingmore than the normal average retail price, for any goods, materials, or services soldduring the duration or any extension of the declaration of emergency.
7. State of Florida Executive Order Number 17-235, attached hereto, is herebyadopted and incorporated herein.
Section 2. Direction to Clerk.
The Clerk shall record this Resolution in the Public Records of Baker County, Florida andshall transmit a certified copy to the Baker County Property Appraiser.
Section 3. Effective Date.
This Resolution shall take effect immediately upon adoption, and shall remain in effect forthirty days unless extended or rescinded by the Board of County Commissioners.
DULY RESOLVED with a quorum present and voting, by the Board of CountyCommissioners of Baker County, Florida in emergency session, this 5th day of September 201 7.
BAKER COUNTY BOARD OF COMMISSIONERS
Oliver J. Anderson, Chairman
ATTEST:
STATE OF FLORIDAOFFICE OF THE GOVERNOR
EXECUTIVE ORDER NUMBER 17-235(Emergency Management - Hurricane Irma)
WHEREAS, as of 11 :00 a.m. on Monday, September 4, 2017, Hurricane Irma is a major
hurricane located approximately 560 miles east of the Leeward Islands with maximum sustained
winds of I20 mph;
WHEREAS, the five-day forecast from the National Hurricane Center predicts that, on
Saturday, September 9, 2017, Hurricane Irma will be a major hurricane located somewhere north
ofCuba and south of Andros Island in the Bahamas;
WHEREAS, current forecast models predict that Hurricane Irma will head into the Straits
ofFlorida as a major hurricane;
WHEREAS, current forecast models predict that Hurricane Irma will make landfall
somewhere in South Florida or Sou~hwestern Florida as a major hurricane;
WHEREAS, current forecast models predict that Hurricane Irma will travel up the entire
spine of Florida;
WHEREAS, Hurricane Irma poses a severe threat to the entire State of Florida and
requires that timely precautions are taken to protect the communities, critical infrastructure, and
general welfare of this State;
WHEREAS, as Governor, I am responsible to meet the dangers presented to this state and
its people by this emergency;
NOW, THEREFORE, I, RICK SCOTT, as Governor of Florida, by virtue of the
authority vested in me by Article IV, Section l(a) of the Florida Constitution and by the Florida
Emergency Management Act, as amended, and all other applicable laws, promulgate the following
Executive Order, to take immediate effect:
Section I. Because of the foregoing conditions, I declare that a state of emergency exists
in every county in the State of Florida.
Section 2. I designate the Director of the Division of Emergency Management as the State
Coordinating Officer for the duration of this emergency and direct him to execute the State's
Comprehensive Emergency Management Plan and other response, recovery, and mitigation plans
necessary to cope with the emergency. Pursuant to section 252.36(l)(a), Florida Statutes, I
delegate to the State Coordinating Officer the authority to exercise those powers delineated in
sections 252.36(5)-(10), Florida Statutes, which he shall exercise as needed to meet this
emergency, subject to the limitations of section 252.33, Florida Statutes. In exercising the powers
delegated by this Order, the State Coordinating Officer shall confer with the Governor to the fullest
extent practicable. The State Coordinating Officer shall also have the authority to:
A. Invoke and administer the Emergency Management Assistance Compact
("EMAC") (sections 252.921-.933, Florida Statutes) and other compacts and agreements existing
between the State ofFlorida and other states, and the further authority to coordinate the allocation
of resources from such other states that are made available to Florida under such compacts and
agreements so as best to meet this emergency.
B. Seek direct assistance and enter into agreements with any and all agencies of
the United States Government as may be needed to meet the emergency.
C. Direct all state, regional and local governmental agencies, including law
enforcement agencies, to identify personnel needed from those agencies to assist in meeting the
2
needs created by this emergency, and to place all such personnel under the direct command and
coordination of the State Coordinating Officer to meet this emergency.
D. Designate Deputy State Coordinating Officers.
E. Suspend the effect of any statute, rule, or order that would in any way prevent,
hinder, or delay any mitigation, response, or recovery action necessary to cope with this
emergency.
F. Enter orders as may be needed to implement any of the foregoing powers;
however, the requirements of sections 252.46 and I20.54(4), Florida Statutes, do not apply to any
such orders issued by the State Coordinating Officer.
Section 3. I order the Adjutant General to activate the Florida National Guard, as needed,
to deal with this emergency.
Section 4. I find that the special duties and responsibilities resting upon some State,
regional, and local agencies and other governmental bodies in responding to the emergency may
require them to waive or deviate from the statutes, rules, ordinances, and orders they administer.
Therefore, I issue the following authorizations:
A. Pursuant to section 252.36(1)(a), Florida Statutes, the Executive Office of the
Governor may waive all statutes and rules affecting budgeting to the extent necessary to provide
budget authority for state agencies to cope with this emergency. The requirements of sections
252.46 and 120.54(4), Florida Statutes, do not apply to any such waiver issued by the Executive
Office of the Governor.
B. Each State agency may suspend the provisions of any regulatory statute
prescribing the procedures for conduct of state business or the orders or rules of that agency, if
strict compliance with the provisions of any such statute, order, or rule would in any way prevent,
3
hinder, or delay necessary action in coping with the emergency. This includes, but is not limited
to, the authority to suspend any and alJ statutes, rules, ordinances, or orders which affect leasing,
printing, purchasing, travel, and the condition ofemployment and the compensation ofemployees.
For the purposes of this Executive Order, ''necessary action in coping with the emergency" means
any emergency mitigation, response, or recovery action: (1) prescribed m the State
Comprehensive Emergency Management Plan ("CEMP"); or, (2) directed by the State
Coordinating Officer. Any waiver of statutes, rules, ordinances, or orders shall be by emergency
rule or order in accordance with sections 120.54(4) and 252.46, Florida Statutes, and shall expire
thirty days from the date of this Executive Order, unless extended in increments of no more than
thirty days by the agency, and in no event shall remain in effect beyond the earlier of the date of
expiration of this Order, as extended, or ninety (90) days from the date of issuance of this Order.
C. In accordance with section 252.38, Florida Statutes, each political subdivision
within the State of Florida may waive the procedures and formalities otherwise required of the
political subdivision by law pertaining to:
1) Performance of public work and taking whatever prudent action ts
necessary to ensure the health, safety, and welfare of the community;
2) Entering into contracts;
3) Incurring obligations;
4) Employment of permanent and temporary workers;
5) Utilization of volunteer workers;
6) Rental of equipment;
7) Acquisition and distribution, with or without compensation, of supplies,
materials, and facilities; and,
4
8) Appropriation and expenditure of public funds.
D. All agencies whose employees are certified by the American Red Cross as
disaster service volunteers within the meaning of Section 110.120(3), Florida Statutes, may release
any such employees for such service as requested by the Red Cross to meet this emergency.
E. The Secretary of the Florida Department of Transportation (DOT) may:
1) Waive the collection of tolls and other fees and charges for the use of the
Turnpike and other public highways, to the extent such waiver may be needed to provide
emergency assistance or facilitate the evacuation of the affected counties;
2) Reverse the flow of traffic or close any and all roads, highways, and portions
ofhighways as may be needed for the safe and efficient transportation ofevacuees to those counties
that the State Coordinating Officer may designate as destination counties for evacuees in this
emergency;
3) Suspend enforcement of the registration requirements pursuant to sections
316.545(4) and 320.0715, Florida Statutes, for commercial motor vehicles that enter Florida to
provide emergency services or supplies, to transport emergency equipment, supplies or personnel,
or to transport FEMA mobile homes or office style mobile homes into or from Florida;
4) Waive the hours of service requirements for such vehicles;
5) Waive by special permit the warning signal requirements in the Utility
Accommodations Manual to accommodate public utility companies from other jurisdictions which
render assistance in restoring vital services; and,
6) Waive the size and weight restrictions for divisible loads on any vehicles
transporting emergency equipment, services, supplies, and agricultural commodities and citrus as
recommended by the Commissioner of Agriculture, allowing the establishment of alternate size
5
and weight restrictions for all such vehicles for the duration of the emergency. The DOT shall
issue permits and such vehicles sha1l be subject to such special conditions as the DOT may endorse
on any such permits.
Nothing in this Executive Order shall be construed to allow any vehicle to exceed weight
limits posted for bridges and like structures, or relieve any vehicle or the carrier, owner, or driver
of any vehicle from compliance with any restrictions other than those specified in this Executive
Order, or from any statute, rule, order. or other legal requirement not specifically waived herein or
by supplemental order by the State Coordinating Officer;
F. The Executive Director of the Department of Highway Safety and Motor
Vehicles (DHSMV) may:
I) Suspend enforcement of the registration requirements pursuant to sections
316.545(4) and 320.0715, Florida Statutes, for commercial motor vehicles that enter Florida to
provide emergency services or supplies, to transport emergency equipment, supplies or personnel,
or to transport FEMA mobile homes or office style mobile homes into or from Florida;
2) Waive the hours of service requirements for such vehicles;
3) Suspend the enforcement of the licensing and registration requirements
under the International Fuel Tax Agreement (IFTA) pursuant to Chapter 207 Florida Statutes, and
the International Registration Plan (IRP) pursuant to section 320.0715, Florida Statutes, for motor
carriers or drivers operating commercial motor vehicles that are properly registered in other
jurisdictions and that are participating in emergency relief efforts through the transportation of
equipment and supplies or providing other assistance in the form of emergency services;
4) Waive fees for duplicate or replacement vessel registration certificates,
vessel title certificates, vehicle license plates, vehicle registration certificates, vehicle tag
6
certificates, vehicle title certificates, handicapped parking permits, replacement drivers' licenses,
and replacement identification cards and to waive the additional fees for the late renewal of or
application for such licenses, certificates, and documents due to the effects of adverse weather
conditions; and,
5) Defer administrative actions and waive fees imposed by law for the late
renewal or application for the above licenses, certificates, and documents, which were delayed due
to the effects ofadverse weather conditions, including in counties wherein the DHSMV has closed
offices, or any office of the County Tax Collector that acts on behalf of the DHSMV to process
renewals has closed offices due to adverse weather conditions.
Recordkeeping and other applicable requirements for existing IFTA and IRP licensees and
registrants are not affected by this order. The DHSMV shall promptly notify the State
Coordinating Officer when the waiver is no longer necessary.
G. In accordance with section 465.0275, Florida Statutes, pharmacists may
dispense up to a 30-day emergency prescription refill of maintenance medication to persons who
reside in an area or county covered under this Executive Order and to emergency personnel who
have been activated by their state and local agency but who do not reside in an area or county
covered by this Executive Order.
H. All State agencies responsible for the use of State buildings and facilities may
close such buildings and facilities in those portions of the State affected by this emergency, to the
extent to meet this emergency. I direct each State agency to report the closure ofany State building
or facility to the Secretary of the Department of Management Services. Under the authority
contained in section 252.36, Florida Statutes, I direct each County to report the closure of any
building or facility operated or maintained by the County or any political subdivision therein to
7
the Secretary of the Department of Management Services. Furthermore, I direct the Secretary of
the Department of Management Services to:
I) Maintain an accurate and up-to-date list of all such closures; and,
2) Provide that list daily to the State Coordinating Officer.
I. All State agencies may abrogate the time requirements, notice requirements,
and deadlines for final action on applications for permits, licenses, rates, and other approvals under
any statutes or rules under which such application are deemed to be approved unless disapproved
in writing by specified deadlines, and all such time requirements that have not yet expired as of
the date of this Executive Order are suspended and tolled to the extent needed to meet this
emergency.
Section 5. All public facilities, including elementary and secondary schools, community
colleges, state universities, and other facilities owned or leased by the state, regional or local
governments that are suitable for use as public shelters shall be made available at the request of
the local emergency management agencies to ensure the proper reception and care of all evacuees.
Under the authority contained in section 252.36, Florida Statutes, I direct the Superintendent of
each public school district in the State of Florida to report the closure of any school within its
district to the Commissioner of the Florida Department of Education. Furthermore, I direct the
Commissioner of the Department of Education to:
A. Maintain an accurate and up-to-date list of all such closures; and,
B. Provide that list daily to the State Coordinating Officer.
Section 6. I find that the demands placed upon the funds appropriated to the agencies of
the State of Florida and to local agencies are unreasonably great and may be inadequate to pay the
costs of coping with this disaster. In accordance with section 252.37(2), Florida Statutes, I direct
8
that sufficient funds be made available, as needed, by transferring and expending moneys
appropriated for other purposes, moneys from unappropriated surplus funds, or from the Budget
Stabilization Fund.
Section 7. All State agencies entering emergency final orders or other final actions in
response to this emergency shall advise the State Coordinating Officer contemporaneously or as
soon as practicable.
Section 8. Medical professionals and workers, social workers, and counselors with good
and valid professional licenses issued by states other than the State of Florida may render such
services in Florida during this emergency for persons affected by this emergency with the
condition that such services be rendered to such persons free of charge, and with the further
condition that such services be rendered under the auspices of the American Red Cross or the
Florida Department of Health.
Section 9. Pursuant to section 50 I. I60, Florida Statutes, it is unlawful and a violation of
section 501 .204 for a person to rent or sell or offer to rent or sell at an unconscionable price within
the area for which the state of emergency is declared, any essential commodity including, but not
limited to, supplies, services, provisions, or equipment that is necessary for consumption or use as
a direct result of the emergency.
Section 10. Under the authority contained in sections 252.36(5)(a), (g), and (m), Florida
Statutes, I direct that, for the purposes of this emergency, the term "essentials", as defined by
section 252.359(2), Florida Statutes, shall be the same as and no more expansive than the term
"commodity", as defined by section 501.160(])(a), Florida Statutes (hereinafter referred to
collectively or alternatively as "essential commodities"). Accordingly, any person who delivers
essential commodities to a location in the area(s) declared to be under a state ofemergency by this
9
Executive Order, and when necessary to ensure that those commodities are made available to the
public, may travel within evacuated areas and exceed curfews, provided the State Coordinating
Officer determines, after consultation with the appropriate Emergency Support Function(s), that:
A. Law enforcement officials in the declared area(s) can provide adequate security
to protect the essential commodities from theft;
B. The weight of a delivery vehicle will not jeopardize the structural integrity of
any roadway or bridge located within the declared area;
C. Delivery vehicles will not negatively impact evacuation activities m the
declared area(s); and,
D. Delivery vehicles will not negatively impact any response or recovery activities
occurring within the declared area(s).
After consulting with the appropriate Emergency Support Function(s), and after consulting
with local officials, the State Coordinating Officer may dictate the routes of ingress, egress, and
movement within the declared area(s) that drivers must follow when delivering essential
commodities.
Provided he or she is actually delivering medications, any person authorized to deliver
medications under chapter 893, Florida Statutes, qualifies as a person delivering essential
commodities.
In order to qualify as a person delivering essential commodities under this section, a person
must be in the process of delivering essential commodities only. If an individual is transporting
both essential and non-essential commodities, then this section shall not provide any authorization
for that individual to enter into or move within the declared area(s).
IO
Section 11. Consistent with Executive Order 80-29, nothing in this Order shall prevent
local jurisdictions in any area not declared to be under a state of emergency by this Executive
Order from taking prompt and necessary action to save lives and protect the property of their
citizens, including the authority to compel and direct timely evacuation when necessary.
Section 12. I authorize the Florida Housing Finance Corporation to distribute funds
pursuant to section 420.9073, Florida Statutes, to any county, municipality, or other political
subdivision located within the area(s) declared to be under a state of emergency by this executive
order. The authority of the Florida Housing Finance Corporation to distribute funds under this
state ofemergency shall expire six months from the date of this Order.
Section 13. All actions taken by the Director of the Division of Emergency Management
with respect to this emergency before the issuance of this Executive Order are ratified. This
Executive Order shall expire sixty days from this date unless extended.
IN TESTIMONY WHEREOF, I have hereunto setmy hand and caused the Great Seal of the State ofFlorida to be affixed, at Tallahassee, this 4th day ofSeptember, 2017.
ATTEST:
s~Ji®;~~
~,r ' __,.....~· c:a:,o
r :J>t.: . en ,,,..:,
__ ,_ .._._ -<
rr,-,:, -;p
Cf) •(./) rn,.,, ...• I
.:- rr,,-.
,
·-O rnC-ri-·. ,
0
:JC
.. CJr r.,1 .r:::-:::o ~----1 uJor..,)> +
I1
BAKER COUNTYAGREEMENT FOR BUILDING OFFICIAL, BUILDING INSPECTION,
AND PLAN REVIEW SERVICES
This Professional Services Agreement (hereinafter "Agreement") is made and executedon this 19th day of September 2017, by and between the Board of County Commissioners ofBaker County, Florida (hereinafter referred to as "Baker"), and Higginbotham BrothersConstruction, Inc. (hereinafter referred to as "Contractor").
RECITALS
WHEREAS, Contractor is a Florida corporation engaged in the business of offeringbuilding code administration, building inspection and plan review services to municipalities,counties and other governmental bodies, and
WHEREAS, Baker is in need of professional services of consulting for the purpose ofproviding building code administration, building inspections and plan review services as definedin Baker County RFP #2015-04 and Section 468.604, Florida Statutes, and
WHEREAS, the parties wish to enter into this Agreement, to establish a contractualrelationship, expectations and fees for the services rendered and to establish the guidelines for theprofessional consulting work to be performed.
NOW THEREFORE, in consideration of these premises, the terms and conditionshereinafter set forth, and the mutual benefits to be received, the Parties agree the above recitals aretrue and correct and as follows:
1. Contractor agrees to provide professional building code administration, building inspectionsand plan review services to Baker for the term of October 1, 2017 to September 30, 2018,effective on the date this Agreement is signed by all parties. This Agreement may be extendedon an annual basis upon a majority vote of the Board of County Commissioners of BakerCounty, Florida.
2. Baker agrees to retain Contractor to serve as the Building Official for Baker County,Florida. Further, the parties agree that all services will be performed by BryanHigginbotham and Bobby Griffin, and shall not be assigned to any other person withoutexpress written permission from Baker.
3. In payment for the Contractor performing the services described in this Agreement,Baker agrees to pay Contractor professional fees at a rate of $89,420.00, which includesup to forty (40) hours per week for the services described in this Agreement, includingbut not limited to, work as the Building Official, unlimited plan review services, andup to 1,600 inspections for the term period. Inspection in excess of 1,600 will be invoiced toBaker at a rate of $30.00 per inspection. Professional fees shall not be subject to a specific
daily minimum number of hours. Contractor agrees to submit to Baker monthly invoices forservices rendered, for which Baker agrees to pay Contractor within thirty (30) days. If this
AGREEMENT FOR BUILDING OFFICIAL, BUILDING INSPECTION, AND PLAN REVIEW SERVICES FY 17-18
Page 1
Agreement is initiated or terminated outside of a monthly billing time period, Baker shallpro rate payment according to the number of days services were actually provided andreceived.
4. Contractor agrees to work as an independent contractor for all professional services performedunder this Agreement. Additionally, Contractor understands there is no provision oftransportation, health insurance, personal or fringe benefits relating to this Agreement forContractor or any of its employees.
5. Contractor agrees to use his expertise and best efforts in performing the responsibilitiesof: Building Official; building inspection services; plan review; building codeenforcement; issuing certificates of occupancy; inspecting building construction, erection,repair, additions, remodeling, demolition or alterations which require permits; andindicating compliance with building, plumbing, mechanical, electrical, gas, fireprevention, energy, accessibility rules, regulations and other codes as required by Floridalaw or Baker County ordinances and regulations.
6. Contractor agrees to provide Building Official, building inspection and plan reviewservices. Contractor will be available in person to discuss issues with other employees ofBaker County Administration, the Building Department and the Planning and ZoningDepartment. Contractor will be available Monday through Friday during normal businesshours for the customary issues and at any time of emergency requiring the BuildingOfficial. If Contractor is out of town and unable to appear in person, Contractor will beavailable by telephone to answer questions related to plan review, inspections, permitting,building codes, and discuss issues with staff, customers, contractors, homeowners, or thegeneral public.
7. The parties hereby incorporate by reference into this Agreement Baker's needs andrequirements detailed in Request For Proposal (RFP) #2015-04, as well as Contractor'sresponse to the RFP, considered by the Board of County Commission of Baker County,Florida on August 4th, 2015, October 6th, 2015 and October 20th, 2015. Further,Contractor agrees to perform any and all services pursuant to this Agreement in a professionalmanner consistent with and as presented in Contractor's response to RFP #2015-04.Contractor agrees to maintain in good standing and keep current the following professionallicenses: Building Code Administrator, License Numbers BU1851 and PBC334;Building Contractor License Number RB29003515; Standard Inspector LicenseNumber BN4797; HVAC Contractor, License Number RA13067194; and ElectricalContractor, License Number ET11000707.
8. Contractor agrees to perform inspections during normal business hours, excluding holidays.All inspection requests received before 4:00p.m. each day shall be completed before theclose of business on the next business day. Inspections will be completed in an orderdetermined by the Contractor.
AGREEMENT FOR BUILDING OFFICIAL, BUILDING INSPECTION, AND PLAN REVIEW SERVICES FY 17-18
Page 2
9. Contractor agrees a licensed Building Code Administrator will work a minimum oftwenty (20) hours per week, during normal business hours. Normal business hours areMonday thru Friday 7:30a.m. through 5:00p.m., excluding holidays.
10. Baker agrees Bryan Higginbotham and Bobby Griffin are charged with the enforcementof the Florida Building Code and Baker County Code of Ordinances, while performingservices pursuant to this Agreement as required by the Florida Statutes, Florida BuildingCode and any other federal, state or local laws, rules and regulations, Contractor may notbe held personally liable. Contractor agrees to obtain professional liability insurance with apolicy limit of $1,000,000, of which Baker shall be named as an insured. A validcertificate of insurance coverage shall be provided to Baker prior to any work performedpursuant to this Agreement. Contractor agrees to maintain the aforementioned insurancecoverage for the entire term and any extension of this Agreement.
11. This Agreement may only be changed by written amendment, after approval by the Boardof County Commissioners of Baker County, Florida, and signed by both parties.
12. This Agreement may be terminated, with or without cause and for convenience, by eitherparty by giving thirty (30) days written notice to the other party.
13. This Agreement is non assignable by either party.
14. Notice pursuant to this Agreement shall be given to the addresses as follows:
Baker:County ManagerBaker County, Florida55 North 3rd StreetMacclenny, Florida 32063
Alternatively, notice required pursuant to this Agreement may be personally served inthe same manner as is applicable to civil judicial practice. Notice shall be deemed given asof the date of personal service or as the date of deposit of such written notice in the courseof transmission in the United States Postal Service.
15. The invalidity of any portion of this Agreement by a court of competent jurisdiction willnot affect the validity of any other provision. In the event that any provision of this Agreementis held invalid, the remaining provisions shall be deemed to be in full force and effect asif they have been executed by both parties subsequent to the expungement or judicialmodification of the invalid provision.
AGREEMENT FOR BUILDING OFFICIAL, BUILDING INSPECTION, AND PLAN REVIEW SERVICES FY 17-18
Page 3
16. In the event of any conflict between the terms, conditions and provisions of thisAgreement and the provisions of Baker's policies, ordinances, rules, regulations, or anypermissive state or federal law, then, unless otherwise prohibited by law, the terms of thisAgreement shall take precedence over contrary provisions during the term of this Agreement.
17. Contractor agrees to provide Baker all documentation, whether in paper or electronicformat, relating to the work performed pursuant to this Agreement. Additionally,Contractor agrees to comply with all aspects of Florida's sunshine and open governmentlaws, Florida's public records laws as described in Chapter 119, Florida Statutes, andrelated record retention requirements.
18. Contractor acknowledges the education, training and professional certification related towork as a Building Code Administrator was paid for by Baker. If for any reason, thisAgreement is terminated within three (3) years of the initial Agreement dated November15, 2015, Contractor agrees to reimburse in full the costs related to the education, trainingand certification as a Building Official.
19. The “Standard Addendum to All Contracts and Agreements” is hereforth attached andincorporated into this agreement.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to beexecuted on its behalf as of the date and year first above written.
Baker County:
_____________________________________Oliver J. AndersonChairmanBaker County Board of County Commissioners
____________________________________Stacie D. Harvey, Clerk of the Court
AGREEMENT FOR BUILDING OFFICIAL, BUILDING INSPECTION, AND PLAN REVIEW SERVICES FY 17-18
Page 4
STANDARD ADDENDUM TO ALL CONTRACTS AND AGREEMENTS
Any other provisions of the contract or agreement (the Agreement) to which this document is attachedto the contrary notwithstanding, the provisions hereof take precedence over the provisions of the Agreementregardless of whether the matters addressed herein are also addressed in the Agreement, and shall be deemedan integral part of the Agreement as if set forth therein, having a force and effect of equal or superior dignity,as applicable, with the provisions thereof; provided, if provisions of the Agreement address a matter in a mannerwhich results in a lower cost to the County than would prevail hereunder, then such provisions shall controland supersede the applicable provisions hereof. As used herein, the term “Contractor” means the vendor orother party to the Agreement providing construction, labor, materials, professional services, and/or equipmentto the County thereunder; the term “County” means Baker County, a political subdivision of the State ofFlorida, its Board of County Commissioners, or any other name or label set forth in the Agreement identifyingsuch entity; and the term “Parties” means the County and the Contractor together.
1. As used in this paragraph, the term “Act” means the Local Government Prompt Payment Act set forthin Part VII of Chapter 218, Florida Statutes; the term “Invoice” means a statement, invoice, bill, draw requestor payment request submitted by the Contractor under the Agreement; the term “Manager” means the CountyManager of the County; the term “Paying Agent” means the agent of the County to whom Invoices must besubmitted if identified in the Agreement, or, if not so identified, the County’s Finance Director; the term“Submittal Date” means, with respect to an Invoice, the submittal date thereof to the Paying Agent; and theterm “Work” means the services rendered, or supplies, materials, equipment and the like constructed, deliveredor installed under the Agreement. All payments for the Work shall be made by the County in accordance withthe Act. Upon receipt of a proper Invoice, the County shall have the number of days provided in the Act inwhich to make payment.
(a) Promptly upon receipt of an Invoice submitted under this paragraph, the County shall date stamp thesame as received. Thereafter, the County shall review the Invoice and may also review the Work asdelivered, installed or performed to determine whether the quantity and quality of the Work is asrepresented in the Invoice and is as required by this Agreement. If the Paying Agent determines that theInvoice does not conform with the applicable requirements of the Agreement or this paragraph or that theWork within the scope of the Invoice has not been properly delivered, installed or performed in fullaccordance with the Agreement, the Paying Agent shall notify the Contractor in writing within ten (10) daysafter the improper Invoice is received that the Invoice is improper and indicate what corrective action onthe part of the Contractor is needed to make the Invoice proper. The County shall pay each proper Invoicein accordance with the applicable provisions of the Act.(b) By the submittal of an Invoice hereunder, the Contractor shall have been deemed to have warranted tothe County that all Work for which payments have been previously received from the County shall be freeand clear of liens, claims, security interests or other encumbrances in favor of the Contractor or any otherperson or entity for failure to make payment.(c) The Parties will attempt to settle any payment dispute arising under this paragraph through consultationand a spirit of mutual cooperation. The dispute will be escalated to appropriate higher-level managers ofthe Parties, if necessary. If the dispute remains unresolved within thirty (30) calendar days following theSubmittal Date, then the County shall schedule a meeting with the Manager and the Contractor’srepresentative, to be held no later forty-five (45) calendar days following the Submittal Date, and shallprovide written notice to the Contractor regarding the date, time and place of the meeting no less thanseven (7) calendar days prior thereto. At the meeting, the Parties shall submit to the Manager theirrespective positions regarding the dispute, including any testimony and documents in support thereof. TheManager shall issue a written decision resolving the dispute within sixty (60) calendar days following theSubmittal Date, and serve copies thereof on the Contractor’s representative and the Paying Agent.
PAGE 1
2. To the extent not otherwise expressly provided in the Agreement, any work or professional servicessubcontracted for by the Contractor for which the County has agreed to reimburse the Contractor shall not bemarked-up, but shall be payable by the County only in the exact amount reasonably incurred by the Contractor.No other such subcontracted services shall be reimbursed.
3. To the extent not otherwise expressly provided in the Agreement, in the event the Agreement is forprofessional services, charged on a time basis, the County shall not be billed or invoiced for time spent travelingto and from the Contractor’s offices or other points of dispatch of its subcontractors, employees, officers oragents in connection with the services being rendered.
4. To the extent not otherwise expressly provided in the Agreement, the County shall not be liable toreimburse the Contractor for any courier service, telephone, facsimile or postage charges incurred by theContractor.
5. To the extent not otherwise expressly provided in the Agreement, the County shall not be liable toreimburse the Contractor for any copying expenses incurred by the Contractor.
6. If and only if travel and per diem expenses are addressed in the Agreement in a manner which expresslyprovides for the County to reimburse the Contractor for the same, then the County shall reimburse theContractor only for those travel and per diem expenses reasonably incurred and only in accordance with theprovisions of Section 112.061, Florida Statutes. In the event the Contractor has need to utilize hotelaccommodations or common carrier services, the County shall reimburse the Contractor for his, her or itsreasonable expense incurred thereby provided prior, written approval of the County Manager or his or herdesignee is obtained.
7. With respect to drawings and/or plans prepared on behalf of the County by the Contractor under theAgreement, unless specifically provided otherwise therein, complete sets of such drawings and/or plans shallbe reproduced by the Contractor without cost to the County for all bidders requesting the same, and fivecomplete sets of such drawings and/or plans shall be reproduced and delivered to the County without cost.
8. With respect to any indemnification by the County provided under the Agreement, any suchindemnification shall be subject to and within the limitations set forth in Section 768.28, Florida Statutes, andto any other limitations, restrictions and prohibitions that may be provided by law, and shall not be deemed tooperate as a waiver of the County’s sovereign immunity.
9. In that the County is a governmental agency exempt from sales and use taxes, the County shall pay nosuch taxes, any other provisions of the Agreement to the contrary notwithstanding. The County shall provideproof of its exempt status upon reasonable request.
10. Any pre-printed provisions of the Agreement to the contrary notwithstanding, the same shall notautomatically renew but shall be renewed only upon subsequent agreement of the Parties.
11. The Contractor acknowledges that in the budget for each fiscal year of the County during which theterm of the Agreement is in effect a limited amount of funds are appropriated which are available to makepayments arising under the Agreement. Any other provisions of the Agreement to the contrarynotwithstanding, and pursuant to the provisions of Section 129.07, Florida Statutes, the maximum paymentthat the County is obligated to make under the Agreement from the budget of any fiscal year shall not exceedthe appropriation for said fiscal year.
PAGE 2
12. PUBLIC RECORDS LAW: The Contractor acknowledges the County’s obligation under Art. 1,Section 24, Florida Constitution, and Chapter 119, Florida Statutes, as from time to time amended (together,the Public Records Laws), to release public records to members of the public upon request. The Contractoracknowledges that the County is required to comply with the Public Records Laws in the handling of thematerials created under the Agreement and that the Public Records Laws control over any contrary terms inthe Agreement. In accordance with the requirements of Section 119.0701, Florida Statutes, the Contractorcovenants to comply with the Public Records Laws, and in particular to:
(a) Keep and maintain public records required by the County to perform the services required under theAgreement;(b) Upon request from the County’s custodian of public records, provide the County with a copy of therequested records or allow the records to be inspected or copied within a reasonable time at a cost that doesnot exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;(c) Ensure that public records that are exempt or confidential and exempt from public records disclosurerequirements are not disclosed except as authorized by law for the duration of the Agreement term andfollowing completion of the Agreement if the Contractor does not transfer the records to the County; and,(d) Upon completion of the Agreement, transfer, at no cost, to the County all public records in possessionof the Contractor or keep and maintain public records required by the County to perform the services. Ifthe Contractor transfers all public records to the County upon completion of the Agreement, the Contractorshall destroy any duplicate public records that are exempt or confidential and exempt from public recordsdisclosure requirements. If the Contractor keeps and maintains public records upon completion of theAgreement, the Contractor shall meet all applicable requirements for retaining public records. All recordsstored electronically must be provided to the County, upon request from the County’s custodian of publicrecords, in a format that is compatible with the information technology systems of the County.
13. The Contractor’s failure to comply with the requirements of paragraph 12 shall be deemed a materialbreach of the Agreement, for which the County may terminate the Agreement immediately upon written noticeto the Contractor.
14. The Contractor acknowledges the provisions of Section 119.0701(3)(a), Florida Statutes, which, asapplicable to the County and the Contractor, require as follows:
(a) A request to inspect or copy public records relating to the Agreement must be made directly to theCounty. If the County does not possess the requested records, the County shall immediately notify theContractor of the request, and the Contractor must provide the records to the County or allow the recordsto be inspected or copied within a reasonable time.(b) If the Contractor does not comply with the County’s request for records, the County shall enforce thecontract provisions in accordance with the Agreement.(c) If the Contractor fails to provide the public records to the County within a reasonable time, theContractor may be subject to penalties under Section 119.10, Florida Statutes.
15. IF THE CONTRACTOR HAS QUESTIONS REGARDING THEAPPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THECONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THEAGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (904)259-3613, Kennie Downing [email protected], 55 NORTH 3RD
STREET, MACCLENY, FLORIDA 32063.
PAGE 3
16. As used in this paragraph, the term “Statute” means Section 287.135, Florida Statutes; the term“Certification” means a certification submitted by the Contractor under subsection (5) of the Statute inconnection with submitting a bid or proposal for the Agreement or entering into or renewing the Agreement;and the term “Qualified Contract” means a contract with the County for goods or services of $1 million ormore.
(a) If the Agreement is a Qualified Contract entered into or renewed on or before September 30, 2016,then the County shall have the option of terminating the Agreement if the Contractor:
(i) is found to have submitted a false Certification;(ii) has been placed on the Scrutinized Companies with Activities in Sudan List or the ScrutinizedCompanies with Activities in the Iran Petroleum Energy Sector List as referred to in subsection (2) ofthe Statute; or,(iii) has been engaged in business operations in Cuba or Syria as defined in subsection (1) of theStatute.
(b) If the Agreement is a Qualified Contract entered into or renewed on or after October 1, 2016, then theCounty shall have the option of terminating the Agreement if the Contractor:
(i) is found to have submitted a false Certification;(ii) has been placed on the Scrutinized Companies that Boycott Israel List as referred to insubsection (2) of the Statute, or is engaged in a boycott of Israel as defined in subsection (1) of theStatute;(iii) has been placed on the Scrutinized Companies with Activities in Sudan List or the ScrutinizedCompanies with Activities in the Iran Petroleum Energy Sector List as referred to in subsection (2) ofthe Statute; or,(iv) has been engaged in business operations in Cuba or Syria as defined in subsection (1) of theStatute.
County:
Baker County, Florida,by its Board of County Commissioners
____________________________________Oliver J. Anderson, Chairman
Total $ 78,242.53 $ 7,500.0011/15/2016 NEW YEAR Oct‐2017
9/1/2017
11
1
1650 Actual Count
157.14 Av. Monthly
1964 Projected YE
564
Count Over
1,400 Overage Results $ 16,928.57
BUDGET INC ACTUAL YTD Av.Mthly Inc AS OFREVENUEBUILDING
BUILDING
BUILDING
PERMITS 001‐322000
PERMITS 001‐322000
PERMITS 001‐322000
65,000.00
81,320.00
85,090.00
$ 59,214.46 $ 4,934.54 9/30/2015
93,316.86 7,776.41 9/30/2016
7,222.04 7,222.04 10/28/2016
11,472.16 5,736.08 11/30/2016
16,192.04 5,397.35 12/30/2016
25,996.64 6,499.16 1/30/2017
34,150.37 6,830.07 2/28/2017
42,895.52 7,149.25 3/30/2017
53,599.69 7,657.10 4/30/2017
62,964.11 7,870.51 5/30/2017
75,169.75 8,352.19 6/30/2017
83,920.75 8,392.08 7/30/2017
90,536.59 8,230.60 8/30/2017
‐ 9/30/2017
12 mths
1 MTH
2 MTH
3 MTH
4 MTH
5 MTH
6 MTH
7 MTH
8 MTH
9 MTH
10 MTH
11 MTH
12 MTH
10
Mth
2018 Legislative Priorities
SMALL COUNTY ROAD PROGRAMSBackground: The Small County Road Programs are critical to meeting Baker County’s Transportation needs.The Small County Road Assistance Program (SCRAP), Small County Outreach Program (SCOP), CommunityIncentive Grant Program (CIGP) and the Transportation Regional Incentive Program (TRIP) provide necessarytransportation funding for road Improvements.
Requested Action: Support continuation and increase monies generated by statewide gas tax collections to the StateTransportation Trust Fund to provide essential transportation programs such as the Small County Road AssistanceProgram (SCRAP), the Small County Outreach Program (SCOP), Community Incentive Grant Program (CIGP) andthe Transportation Regional Incentive Program (TRIP). Prohibit the creation of any legislation that would restrictthese types of funds due to comprehensive plan amendments adopted by small counties.
Effect: Continuation of these vital programs will enable counties to make much needed road improvements, createjobs, correct environmental problems created by runoff, and stimulate the local economy.
HURRICANE PREPAREDNESS/SENIOR CITIZENSCENTERBackground: Baker County has two hurricane shelters and a population of 27,000. The County is a "recipient county"for urban Duval and other nearby coastal communities. The County has daily needs for facilities to serve seniorcitizens. Property has been acquired and plans prepared for a building that can meet both needs. Matching fundsassistance from the State would allow the construction of a facility that will meet local and regional needs.
Requested Action: Support funding for a dual purpose facility.
Effect: Will provide a multi-purpose building for our senior citizens and also provide a shelter for evacuees andtheir pets for local and regional residents in the event of a major hurricane.
AD VALOREM PROPERTY TAXESBackground: Legislation requires local governments to roll back property millage rates regardless of publicsupported local needs and priorities. As a result, local governments must raise taxes in other areas to balance thebudget. A "one size fits all" approach punishes conservative, fiscally responsible communities and causes publicdissention . The State objective of fewer taxes at the local level is diminished.
Requested Action: Review all sources of State Revenue and eliminate exemptions.
Effect: Make available fair and equitable revenue sources for State and Local governments to meet needs.
OPPOSE EFFORTS TO PRIVATIZE THE NORTHEAST FLORIDA STATE HOSPITAL(NEFSH) AND DEPARTMENT OF CORRECTIONS (DOC) FACILITIESBackground: NEFSH and DOC are important employers in Baker County. Baker County's economy is heavilydependent on the jobs generated by these facilities.
Requested Action: Oppose legislation mandating privatization and contracting procedures without giving the affectedfacilities an opportunity to achieve similar savings internally.
Effect: A factually motivated decision should be made regarding the effectiveness of outsourcing NEFSH or DOCservices. The current public provider of service should have an equal opportunity to continue to providing the levelof service.
PUBLIC LIBRARIES: STATE AID TO LIBRARIES & MULTI-LIBRARYCOOPERATIVESBackground: The State Aid to Libraries grant program benefits all libraries in our State.
Requested Action: Fund the State Aid to Libraries program at least at the minimum maintenance of effort level.
Effect: State Aid pays for many activities in our public libraries; State Aid also brings $8 million in federal funds toFlorida through the Library Services and Technology (LSTA) program. LSTA funds keep our State Library open ,pays for the Florida Electronic Library (databases for all residents), and funds our Multi-Library Cooperatives (MLC's).The minimum maintenance of effort (MOE) level will ensure the funding for our local MLC's and ensure that Floridareceives its full share of federal dollars through LSTA.
BUSINESS CLIMATE I ECONOMIC DEVELOPMENTBackground: To help encourage and support the expansion of local businesses and the developmentof new businesses.
Requested Action:*Restructure State QTI Incentive Program to Allow:Allow companies to receive 100% of credits in RAO county's without requiring local matchAllow companies to carry credits forward if they can't be used in any given yearAllow LLCs to take advantage of tax credits* Phase out the sales tax on commercial real estate leases since Florida is the only state that charges it
Effect: The business community pays more taxes and demands fewer services than any other segment ofan economy so growing the business community provides more stability to the local and state economy.
REVENUE DIVERSIFICATIONBackground: Ad valorem taxes have been insufficient and an inequitable source of revenue for small counties.Counties need to have the flexibility to levy additional sales tax at their discretion.
Requested Action: Allow counties the option to levy an additional sales tax.
Effect: The additional sales tax will create additional revenue for local governments that will affect thecommunity as a whole and not limit the burden solely to property owners.
RESOLUTION 2017-30
A RESOLUTION OF THE BOARD OF COUNTYCOMMISSIONERS OF BAKER COUNTY,FLORIDA, ADOPTING THE FINAL LEVYING OFAD VALOREM TAXES FOR BAKER COUNTY FORFISCAL YEAR 2017/2018; PROVIDING FOR ANEFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Baker County, Florida, onSeptember 19, 2017, adopted Fiscal Year 2017/2018 FINAL Millage Rate followinga public hearing as required by Florida Statute 200.065.
WHEREAS, the Board of County Commissioners of Baker County, Florida, held apublic hearing as required by Florida Statute 200.065; and
WHEREAS, the gross taxable value for operating purposes not exempt fromtaxation within Baker County has been certified by the County Property Appraiser tothe Board of County Commissioners as $827,330,971.
NOW, THEREFORE, BE IT RESOLVED by the Board of CountyCommissioners of Baker County, Florida, that:
1. The Fiscal Year 2017/2018 FINAL operating millage rate is 7.2916 mills,which is 1.29% greater than the rolled-back rate of 7.1985 mills.
2. This resolution shall take effect immediately upon its adoption.
DULY ADOPTED at a public hearing this the 19th day of September, 2017.
BOARD OF COUNTY COMMISSIONERSOF BAKER COUNTY, FLORIDA
___________________________________Oliver J. Anderson, Chairman
Attest: _____________________________Stacie D. Harvey, Clerk to the Board
RESOLUTION 2017-26
A RESOLUTION OF THE BOARD OF COUNTYCOMMISSIONERS OF BAKER COUNTY,FLORIDA, ADOPTING THE FINAL BUDGET FORFISCAL YEAR 2017/2018; PROVIDING FOR ANEFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Baker County, Florida, onSeptember 19, 2017, held a public hearing as required by Florida Statute 200.065; and
WHEREAS, the Board of County Commissioners of Baker County, Florida, set forththe appropriations and revenue estimate for the FINAL budget for Fiscal Year2017/2018 in the amount of $31,428,554, of which 0.0659 mills, or $54,528, is sentdirectly to the Baker County Health Department, making the FINAL OperatingBudget for the County to be $31,374,026.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissionersof Baker County, Florida, that:
1. The Fiscal Year 2017/2018 FINAL Budget be adopted.
2. This resolution shall take effect immediately upon its adoption.
DULY ADOPTED at a public hearing held the 19th day of September, 2017.
BOARD OF COUNTY COMMISSIONERSOF BAKER COUNTY, FLORIDA
__________________________________
Oliver J. Anderson, Chairman
Attest: _____________________________
Stacie D. Harvey, Clerk to the Board
INDUCEMENT AND DEVELOPMENT AGREEMENT
THIS AGREEMENT is made as of the 19th day of September, 2017, by and between the
Baker County Board of Commissioners, (the “County”) and KD Wall Systems, LLC, (the
“Company”).
WHEREAS, the County is desirous of the Company purchasing a manufacturing facility
near Sanderson in Baker County, Florida, on the real property containing approximately 15.42
acres; and,
WHEREAS, the Company will be making a significant capital investment in the purchase
of a manufacturing facility and creating high wage jobs in Baker County; and,
WHEREAS, Baker County is authorized to enter into this Agreement with the Company as
attested by Florida State Law;
NOW THEREFORE, the mutual covenants and promises contained herein and other good
valuable consideration hereinafter, specified, the sufficiency of which is hereby acknowledged,
the parties agree as follows:
I. PLAN REVIEWS, PERMITTING, AND FEES
A. Reviews: The County agrees to designate a single local contact to coordinate
applications and implementation of all local incentives related to Project. This
point of contact shall assist in tracking submittal dates, approval dates, and
implementation dates.
B. Zoning: The property under consideration is currently zoned Industrial and has the
appropriate land use classification to allow the operation of a manufacturing
facility.
II. RECAPTURING ENHANCED VALUE GRANT:
In May 2003 the County established the Recapture Enhanced Value Grant (“REV” Grant)
to attract businesses interested in creating high wage jobs and spending significant capital
investments in manufacturing and distribution facilities in Baker County. Through the Rev
Grant program, the County agrees to reimburse to the Company a dollar amount equal
to 50% of the County’s portion of ad valorem taxes paid for the first five (5) years of
operations and a dollar amount equal to 25% of the County’s portion of ad valorem taxes
paid for the second five (5) years of operations.
The County further agrees to pay the Company a dollar amount equal to 90% of the
County’s portion of the tangible personal property taxes paid during the first Ten (10) year
of operations. The Company must maintain a minimum of 30 full time employees and
the average wage paid to all employees must be at least 25% higher than the county’s
average private sector wage at the time this agreement is signed in order to continue
receiving the Grant during the ten (10) year period.
Each year after the Company has paid its ad valorem and tangible personal property taxes,
the Company will invoice the County for the Grant dollars. The Company must include its
tax receipt with the invoice and a copy of its most recent federal or state employer’s
quarterly report or other verification of number of employees and wage scale. The
County will have thirty (30) days to pay the Company the Grant dollars.
III. JOB TRAINING
CareerSource Northeast Florida and the Baker County Chamber of Commerce will work
with the Company to address the job training needs of Company.
IV. STATE TAX REFUND
The County agrees to pass a resolution in support of the Company receiving the Qualified
Targeted Industry (QTI) tax refund. Under F.S.288.0656 Baker County is included in the
Rural Economic Development Initiative (REDI) and as such will exempt its self from
providing the 20% local portion of the QTI tax refund. The Company will receive $4,800
per employee through the QTI program over a five (5) year period.
V. JURISDICTION
This Agreement is governed by and interpreted in accordance with the laws of the State
of Florida.
VI. NOTICES
Any notice hereunder shall be given in writing to the party for whom it is intended, in
person or by certified mail, at the following addresses or such future addresses as may be
designated in writing:
Kevin Donohoe, President
KD Wall Systems, LLC
13907 Arnold Rhoden Rd
Sanderson, FL 32087
Kennie Downing, County Manager
Baker County Board of Commissioners
55 North Third Street
Macclenny, Florida 32063
Notices shall be deemed received upon actual receipt or upon refusal of receipt.
VII. ASSIGNMENT AND SUCCESSION
This Agreement shall be binding upon and inure to the benefit of the heirs, successors,
administrators, executors, and assigns of the respective parties. All rights hereunder may
be assigned by the Company without restriction to any wholly owned subsidiary of the
Company, provided that notice of each assignment shall be given in writing to the County
but no other assignment shall be effective without the County’s written approval and
consent. Such approval shall not be unreasonably withheld.
VIII. TIME OF ESSENCE ACCEPTANCE
Time is expressly declared to be of the essence of this Agreement.
IX. MODIFICATION AGREEMENT EXPRESSED
No modification of this Agreement shall be valid or binding unless such modification is
writing, duly dated, and signed by all parties.
This constitutes the entire agreement between the parties. Neither party shall be bound
by any term, conditions, statements, or representatives, oral or written, not herein
contained.
X. SEVERABILITY
If any term or provision of this Agreement is held to be illegal, invalid, or unenforceable,
the legality, validity, or enforceability of the remaining terms or provisions of this
Agreement shall not be affected thereby; and in lieu of such illegal, invalid, or
unenforceable term or provision, there shall be added automatically to this Agreement,
a legal, valid, or enforceable term or provision, as similar as possible to the term or
provision declared illegal, invalid, or unenforceable.
XI. OPERATIONS
The local incentives addressed in this Development Agreement are provided to the
Company contingent on the Company investing a minimum of $3 million in the purchase
and equipping of the manufacturing facility in Baker County and keeping a minimum of
thirty (30) full time employees operating the facility. The company’s average wage must
be at least 25% higher, $36,191.00, than the county’s average private sector wage of
$28,953.00
IN WITNESS WHEREOF, and as authorized respectively by the County and the Company,
the parties have executed this Agreement the day and year first written above.