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02/12/1999 Workplan MEMORANDUM TO: Danny Kolhage Clerk of the Court FROM: Debbie Frederick Aide to the County Administrator DATE: February 12, 1999 SUBJECT: Mosquito Control Workplan AAAAAAAAAAAAAAAAAAAAAAAA A A AAAA A AAAA A A AAA A A AAA A A A AAAAAAAA A A A AAAAAAAAA A A AAAA A AAAAA Enclosed please find an original copy of the Florida Keys Mosquito Control District Operations Review Workplan. The County Administrator, James L. Roberts has signed this original document which allows the Government Services Group, Inc. (GSG) to proceed with the Workplan. This original copy is for your records. Debbie Frederick Enc. CC ,72c/tr¢ Clyne GSG Government Services Group, Inc. Dedicated to solving funding and service delivery issues in the public sector °O4e`nm`nt Ser..''"Grimm Inc. 315 So.Calhoun.Suite 860•Tallahassee.FL 32301 •Phone(850)681-3717•Fax(850)224-7206•Email:gsg+agovserv.con February 8, 1999 VIA FACSIMILE TRANSMISSION AND FEDERAL EXPRESS Mr. James L. Roberts Monroe County Administrator 5100 College Road Public Service Building, Wing II Key West, Florida 33040 Re: Florida Keys Mosquito Control District Operations Review: Revised Workplan Dear Mr. Roberts: Government Services Group, Inc. (GSG) and Nabors, Giblin & Nickerson, P.A. (NG&N) are pleased to provide Monroe County (County) with this workplan to assist the County in conducting a "Special District Oversight Review Process" in accordance with Florida Statute 189.428. The scope of work outlined in Appendix A is based on our discussions with County staff, our understanding of Section 189.428, Florida Statutes, and our experience of conducting similar reviews under this statute. The scope of work and professional fee of $23,600 is predicated on the assumption that all information and records necessary to conduct this review will be made available by both the County and the Florida Keys Mosquito Control District (District). It also anticipates the assistance of County staff regarding data collection. All travel related expenses and production costs associated with this engagement will be billed according to Section 112.061, Florida Statutes. The amount of which will be determined by the number of trips required in the course of this analysis and the number of presentations made before the County Commission or the District itself. GSG's and NG&N's qualifications are attached as Appendix D. If all terms and conditions of the attached scope of work and hours and fees matrix are agreeable to the County, please have the Chairman of the County Commission sign the attached page as notice to proceed on this very important project. Mr. James L. Roberts February 8, 1999 Page 2 In addition, only senior personnel will be assigned to this project because of the timeframe and sensitivity of the engagement. Should you have any questions or require additional information, please do not hesitate to contact me. Sincerely, Robert E. Sheets CEO RES/ilm Attachment NOTICE TO PROCEED The attached scope of work and hours and fees matrix are agreed upon by the County Commission of Monroe County, Florida, to conduct a "Special District Oversight Review Process"of the Florida Keys Mosquito Control District operations for the County. Notice to proceed is hereby given to Government Services Group, Inc. and Nabors, Giblin & Nickerson, P.A. Monroe County Administrator ifed 4/ Jblestegle#, Ohary 4414eu,, ?0 d cnn. oN 9I : TI 66. 60 933 : DI APPENDIX A SCOPE OF WORK OPERATIONS REVIEW FOR FLORIDA KEYS MOSQUITO CONTROL DISTRICT SCOPE OF WORK The scope of work outlined in this section represents the minimum level of effort necessary for Government Services Group, Inc. (GSG) and Nabors, Giblin & Nickerson, P.A. (NG&N) to conduct an oversight review, on behalf of Monroe County, of the Florida Keys Mosquito Control District (District) consistent with Section 189.428, Florida Statutes, the "Special Districts Oversight Review Process." This scope of work is intended to accomplish the following objectives: • Evaluation of less costly alternative methods for the District to deliver services; • Evaluation of governance alternatives that will not hamper or impede the services currently being provided; and • Identification of any other recommendations that would lead to a more efficient and effective delivery of the critical services. It is the Consulting Team's understanding that the County Commission intends to conduct the oversight review process so that a fair and objective evaluation can be conducted as to the District's operation and delivery of services. Because of the County's timeframe and budget constraints, the workplan outlined below represents the minimum level of effort necessary to provide the County with a initial document from which future decisions would be based. It is also important to note that in order to meet these constraints within the timeframe, the Consulting Team will rely on County staff to help collect and analyze certain data required to complete this engagement. WORKPLAN Task 1: Project Initiation The Consulting Team will meet with appropriate County staff to insure a clear understanding of the goals and objectives of this engagement, the anticipated role of all parties involved, the timeframe, and the method by which the engagement will be conducted. This task may included interviews of elected officials and a workshop so that a clear articulation of observations and concerns can be ascertained and documented. Task 2: Data Collection The Consulting Team, working with County staff, will collect all necessary data which will include, but not be limited to, organizational charts, budgets, salary and wages schedules, job descriptions, interlocal agreements for shared services and facilities ------ -- -- ------------------- Monroe County A-1 Florida Keys Mosquito Control District Operations Review 2-8-99 between the District and the County, and other ordinances or resolutions necessary for this evaluation. Task 3: Personnel Interviews The Consulting Team will conduct a number of interviews with District and County personnel so a thorough familiarization with the operations and process of the District and the County can be clearly defined. These interviews may include both appointed and elected officials of each entity. Task 4: Process and Procedure Examination Concurrent with Task 3, the Consulting Team, with the assistance of County staff, will conduct the necessary review of the District's procedures and methods by which it delivers the services defined in its enabling legislation. This review will be limited to the business process of the District and in no way will address the engineering and scientific methods of mosquito control and abatement. Task 5: Draft Report Preparation Based on the information collected from the analysis conducted in Tasks 2, 3 and 4, the Consulting Team will prepare a draft report which will articulate the findings and recommendations of the review process. Care will be taken to ensure to the County that Section 189.428, Florida Statutes, has been considered by the reviewer for those criteria pertinent to this evaluation. This draft report will be presented to County staff for its review and comments as it pertains to the factual presentation of the findings. Task 6: Report Finalization Once final comments have been received from the County, the Consulting Team will finalize the report to include all findings and recommendations. Task 7: Final Report Presentation At the conclusion of this engagement, the Consulting Team will make a presentation to the County Commission. It is our understanding that an additional presentation in a public hearing setting may be required in order to comply with Section 189.428, Florida Statutes. Monroe County A-2 Florida Keys Mosquito Control Olstrct Operations Review 2-8-99 APPENDIX B HOURS AND FEES MATRIX OPERATIONS REVIEW FOR FLORIDA KEYS MOSQUITO CONTROL BOARD HOURS AND FEES MATRIX Tasks Total Hours Total Fees Task 1: Project Initiation NG&N 4 $600 GSG 16 $2,000 Total Task 1 20 2600 Task 2: Data Collection NG&N 8 $1,200 GSG 16 $2,000 Total Task 2 24 3200 Task 3: Personnel Interviews NG&N 8 $1,200 GSG 24 $3,000 Total Task 3 32 4200 Task 4: Process and Procedure Examination NG&N 8 $1,200 GSG 24 $3.000 Total Task 4 32 4200 Task 5: Draft Report Preparation NG&N 8 $1,200 GSG 24 $3,000 Total Task 5 32 4200 Task 6: Report Finalization NG&N 4 $600 GSG 16 $2,000 Total Task 6 20 2600 Task 7: Final Report Presentation NG&N 4 $600 GSG 16 $2,000 Total Task 7 20 2600 Total NG&N Hours and Fees 44 $6,600 Total GSG Hours and Fees 136 $17,000 Total Hours and Fees* 180 $23,600 Monroe County Florida Keys Mosquito Control Board Operations Review 2-1-99 B-1 Special Note: (1) The total fees does not include travel or production expenses. Travel expenses will be billed according to Florida Statues 112.061. (2) Lump sum professional fees are based upon the following standard hourly rates: NG&N - $150; GSG-$125 • Monroe County Florida Keys Mosquito Control Board Operations Review 2-1-99 B-2 APPENDIX C DELIVERABLES AND PAYMENT SCHEDULE OPERATIONS REVIEW FOR FLORIDA KEYS MOSQUITO CONTROL DISTRICT DELIVERABLES AND PAYMENT SCHEDULE Deliverable Timeframe Payment Schedule Project Initiation 10 days from Notice to Proceed 0% of fee Complete Field Work 30 days from Project Initiation 50% of fee Submit Draft Report 60 days from Project Initiation 30% of fee Submit Final Report 10 days from final comments 10% of fee from County Project Closeout Presentation 10% of fee to County Commission Monroe County C_1 Florida Keys Mosquito Control District Operations Review 2-8-99 APPENDIX D QUALIFICATIONS AND BACKGROUND OF GSG AND NG&N OPERATIONS REVIEW FOR FLORIDA KEYS MOSQUITO CONTROL DISTRICT QUALIFICATIONS AND BACKGROUND OF GSG AND NG&N GSG is the pre-eminent firm in the State in Government Services Group, Inc. working with cities, counties and special ("GSG") districts to develop alternative funding for capital and service needs and in the improvement of service delivery for these same governmental entities. (GSG is partially owned by and affiliated with NG&N). While GSG has considerable experience in virtually all aspects of revenue enhancement and administration, we specialize in the development and implementation of funding, governance, and service enhancement alternatives. We possess the capacity and capability to develop and put in place all revenue and governance alternatives identified in this study effort. We have the capability to create sophisticated, uniquely focused and individually structured solutions that are carefully integrated with the specific needs of our clients. GSG and NG&N have had in the past, and continue to have, professional relationships with the majority of all counties within the State of Florida. In addition, we have had an opportunity to work with the majority of all the major cities within the State in providing governance alternatives for service delivery and alternative revenue enhancement programs. GSG and NG&N have had the opportunity in the past to work on other reviews of special districts under Section 189.428, Florida Statues, the most recent and largest project has been completed for Lee County. Lee County provides fire rescue services via 17 independent districts, 3 municipalities, and the County. GSG and NG&N, working as part of a consulting group, conducted an evaluation of all service delivery options, legal impact, legislative initiatives required and funding alternatives for a more efficient and effective delivery of such critical services in a rapidly growing county. This project was the largest of its kind, that we are aware of, in the State of Florida. It outlined numerous recommendations that address both true economies of scale and false assumptions made in prior discussions that had occurred between the County and various independent districts providing service. (Please contact Bruce Loucks, Assistant County Manger at (941) 335-2221.) Mr. Robert Sheets, the Project Director, and most of the team have been involved in various operation reviews for numerous cities and counties within the State of Florida. Mr. Sheets was project director for performance evaluations for seven major departments in Hillsborough County that included the Environmental Protection Commission, Countywide Planning Commission, Growth Management, Building and Monroe County D-1 Florida Keys Mosquito Control District Operations Review 2-8-99 Zoning, and Civil Service Board. (Please contact Ms. Pat Bean, Assistant County Manager at (813) 272-5750.) In addition, GSG and NG&N are currently involved in assisting the City of Clearwater in the development of funding alternatives for Gulf-To-Bay Boulevard. This road which represents the major east west corridor of the City is to undergo a major capital revitalization. We are currently assisting the City in the evaluation of all funding alternatives. (Please contact Mr. Mike Roberto, City Manager at (727) 563-4045). Because of the organizational skills of our Consulting Team, we were able to facilitate the coordination of 11 communities in Broward County so that they could proceed to solve a revenue shortfall problem as a result of the resolution of a dual taxation issue. All of these communities utilized the same approach in a very ambitious timeframe to resolve this issue by choosing to develop alternative funding programs to fund a portion of their fire rescue services budgets. Consequently, of the 11 communities that entered into this engagement with GSG and NG&N, 9 implemented their program in the first year, the 10 h implemented its program the second year and the 11t (Miramar) decided to use existing ad valorem taxes to fund the shortfall. Also in the past year, GSG & NG&N have been retained by the City of St. Petersburg to evaluate funding alternatives for the City's Fire Rescue Program. This analysis was initially conducted in anticipation of a major revenue shortfall by the City. This project has been completed and provided the City with the opportunity of relieving the impact of ad valorem taxes should the City move forward with implementation. (Please contact Chief Jim Callahan, 813/893-7694). The following references should be contacted to ascertain the quality and reputation of GSG. They are as follows: Location Contact Telephone # City of Clearwater Mr. Mike Roberto 757/562-4045 City Manager West Coast Regional Mr. Jerry Maxwell 813/796-2355 Water Supply Authority Executive Director _ Hillsborough County Ms. Patricia Bean 813/272-5750 Deputy County Administrator City of Margate Mr. Leonard B. Golub 954/972-6454 City Manager Town of Davie Mr. Chris Wallace 954/797-1000 Director of Finance South Florida Water Ms. Jane Bucca 561/687-6791 Management District Senior Economist Monroe County D-2 Florida Keys Mosquito Control District Operations Review 2-8-99 Village of Wellington Mr. Charlie Lynn 561/791-4000 Village Manager 140000 Greenbriar Blvd. Wellington, FL 33414 GSG and NG&N were engaged by the Village of Wellington to develop a series of alternative funding and budget scenarios for this newly incorporated community within Palm Beach County. This report outlined a detailed alternative funding scenario for the Village's attempt to address neighborhood improvement needs ranging from flood control to neighborhood parks improvements. GSG and NG&N are currently negotiating a final Professional Services Agreement with the Village to provide on-going support in the creation, implementation and maintenance of these alternative funding programs. City of Tallahassee Thomas Quillin 850/891-6606 Fire Chief 300 South Adams Street Tallahassee, FL 32301 GSG and NG&N have been retained by the City of Tallahassee to develop an alternative funding program for the City's Fire Rescue Services. These services are currently being provided on a county-wide basis and have been funded primarily by transfer from the City's electric utility to the general fund. Because of pending utility deregulation and the City's desire to become more competitive with its utility rates, they have made a policy decision to reduce the utility's contribution to the general fund next year by $15 million dollars. GSG and NG&N have developed an alternative funding source that will allow the City to provide a special assessment for fire rescue services on the City's utility bill. This will enable the City to assess the cost for fire rescue services to all properties receiving utility services within the service area, which includes both incorporated and unincorporated areas of the community. The program will also enable the City to assess and collect for these public services from institutional and tax-exempt properties. Monroe County D-3 Florida Keys Mosquito Control District Operations Review 2-6-99 • Miami- Mr. George Burgess 305/275-5143 Dade County Director, Office of Mgmt. and Budget Metropolitan Dade County Stephen P. Clarke Center 111 N. W. 1st Street Suite 2710 Miami, FL 33128 GSG and NG&N were brought under contract with Metro-Dade County in April of 1997 to fast track a funding program for its fire rescue special district. The fire rescue district's $155 million budget is at or near a voter approved 3 mill tax capacity. The Consulting Team was able to develop the assessment report and database for submission to the special district within 75 days. The County has not, at this point, implemented the program; but it anticipates implementation by 1999. During the development of the project, GSG developed a database with more than 500,000 parcels. International Drive Master Ms. Luann Brooks 407/248-9590 Transit and Improvement Executive Director District 7081 Grand National Drive Suite 103 Orlando, Florida GSG and NG&N have been engaged by the International Drive Master Transit and Improvement District ("the District") to assist in the development of an alternative funding source to fund transportation improvements in the District. The District has historically funded improvements using ad valorem taxes within municipal service taxing units; however, the District's authority to use ad valorem taxes was provided by Orange County and the City of Orlando subject to a sunset provision effective Fiscal Year 1999-2000. Therefore, the District must transition its existing revenue sources to an alternative funding mechanism. Monroe County D-4 Florida Keys Mosquito Control District Operations Review 2-8-99 Nabors, Giblin & Nickerson, Nabors, Giblin & Nickerson, P.A. ("NG&N") is the P.A. ("NG&N") leader in the Florida legal community in providing innovative, sound and practical solutions to a variety of revenue and governance challenges facing Florida's local governments. NG&N is at the forefront of providing unique revenue alternatives because of the wide variety of services that its members can provide. Because of the leadership role NG&N maintains in this area, its clients have called upon the law firm to provide guidance in addressing regional, community-wide and neighborhood-specific issues to fund both service and capital programs. These programs, created by NG&N, have allowed its clients to marshal creative, flexible solutions that are responsive to the communities' demands. Through diversity of services and focus of mission, NG&N has solved problems for local governments that other law firms would not even attempt to engage. NG&N is a Florida law firm with offices in Tampa, Tallahassee and Orlando. The firm was established in 1984 so that the firm's principals could limit their legal practices to State and local government law. The firm still operates on this premise and today has 21 members with extensive experience in and primary dedication to representing governmental clients in the areas of special revenue initiatives, governance structure, public finance, pubic/private partnerships, litigation and public utilities and tax practice. NG&N's unique combination of providing trial, appellate, legislative and financial legal services almost exclusively to State and local governments provides NG&N, as a firm, with the ability to assist its clients in identifying and implementing solutions for local governance and revenue needs. In 1994 at the request of the Governor's office, NG&N was engaged by the South Florida Water Management District to work with the parties involved with federal litigation over the pollution of the Everglades and structure a funding strategy for the Everglades restoration project. Negotiations among various governmental entities and private agricultural interests had identified specific projects to reduce the phosphorous level of surface water entering the Everglades and established relative funding obligations for the various parties. Although the general terms of private agriculture's share of the project cost had been determined, no enforceable method of generating funds from this source had been identified. To provide a secure funding vehicle, NG&N developed State statutory provisions imposing an agricultural privilege tax that was specifically tailored to meet the District's policy objectives and implement the agreement previously reached with agricultural interests. During the course of this engagement, NG&N negotiated specific terms of the tax provisions with agricultural interests, drafted the State legislation and successfully lobbied the Florida Legislature for its enactment without violating the statutory prohibition against the District paying outside consultants to lobby the Florida Legislature. Further, after this tax was challenged by several landowners in Hendry County in 1995 and 1996, NG&N represented the District and were able to negotiate a favorable settlement. See Williams v. South Florida Water Management District, No. 94-991 (Fla. 20th Cir. Ct.) (order dismissing case with prejudice). Monroe County D-5 Florida Keys Mosquito Control District Operations Review 2-8-99 NG&N is the leading public finance firm in Florida and serves on a continuing basis as Bond Counsel or Disclosure Counsel to 26 Florida Counties and numerous Cities. Since the Firm was founded in 1984, NG&N and its members have provided bond counsel services to well over 100 cities, counties, and other governmental entities in Florida. NG&N is a public finance firm dedicated to governmental problem solving. In addition to the significant public finance practice which involves the financing of traditional capital infrastructure, NG&N is on the cutting edge of representing government in public-private partnerships that are identified and sanctioned by local government. A representative financing utility project of the Capital Finance Group is the public/private partnership assessment program completed for the City of Miramar. The City of Miramar project comprised a major utility assessment program to finance a water treatment plant to be located in the undeveloped western portion of the City. The cost to construct the basic utility infrastructure was assessed against a wide area to be served by the plant at buildout. The assessments imposed were pledged for the issuance of the debt necessary to construct the required capital improvements resulting in no need to raise monthly service charges on existing customers. As utility connections occurred, the amount of the prior assessment installments paid were credited against the impact or connection fees otherwise due. The assessments were authorized by a home rule ordinance enacted by the City. Such an assessment program for a water treatment plant was developed by NG&N and was the first of its kind within Florida. Most recently, NG&N was engaged by the West Coast Regional Water Supply Authority ("Authority") to assist with reorganizing the Authority's governance structure. The Authority was operating under an interlocal agreement among Hillsborough County, Pasco County, Pinellas County, the City of St. Petersburg and the City of Tampa. Water was developed and distributed under a subscription system, i.e., the individual members subscribed and paid for specific projects (many located within the jurisdiction of other members), from which they had priority rights to purchase water. The individual members' obligations for each Authority facility, including the water rates, were established in a separate agreement with one or more members. In addition, most members owned and operated their own competing water supply facilities. The divergent interests fostered by this system resulted in constant litigation and functionally precluded the Authority from developing the new water supply facilities necessary to reduce environmental stress near existing sources. NG&N was primarily responsible for mediating and drafting a new interlocal agreement, which fundamentally changed the relationship among the Authority's members. Under the new agreement, the member governments agreed to relinquish their individual rights to develop water supply facilities, and the Authority became the sole and exclusive water supplier for the members with an unequivocal obligation to meet the members' water needs. All members will purchase water from the Authority at a uniform rate. Monroe County D-6 Florida Keys Mosquito Control District Operations Review 2-8-99 Pursuant to this agreement, the Authority acquired all regionally significant wholesale water supply facilities owned by the members. Alternative dispute resolution provisions were established to limit litigation, and deadlines were established for developing new water sources and reducing pumpage from current facilities, that are consistent with the environmental recovery plan established by the Southwest Florida Water Management District. Several corollary documents are appended to the interlocal agreement. NG&N prepared a master water supply contract governing the specific terms under which water is sold to the member governments. In addition, separate property transfer agreements were prepared for conveyance of regionally significant supply facilities from the members to the Authority. Negotiating a solution to the Tampa Bay "water wars" required dozens of workshops with all of the members' representatives and an equal number of meetings with individual members to formulate acceptable solutions for local issues. The interlocal agreement has been approved by all of the Authority's members and is considered to be the model of intergovernmental cooperation for the Tampa Bay region. NG&N has also assisted more than 40 Florida local governments by designing and implementing special assessment programs for capital projects and governmental services. By their very nature, no two assessment programs are the same; however, throughout its many years of practice, NG&N has become well-versed in the development and implementation of special assessment programs that are politically patatauie, administratively implementable, financially feasible and legally sufficient. In addition to assisting several local governments in the development and implementation of special assessment programs, NG&N has also successfully defended such programs from legal challenge. For example, in 1997, NG&N served as appellate counsel for Sarasota County in the case of State v. Sarasota County, 693 So. 2d 546 (Fla. 1997), where the Supreme Court of Florida upheld the County's special assessments for its stormwater management program. Further, NG&N successfully defended a solid waste special assessment program for Clay County in Harris v. Wilson, 693 So. 2d 945 (Fla. 1997). In this case, the Supreme Court found for the County, holding that the solid waste special assessments provided a special benefit to property and that the assessments were fairly and reasonably apportioned. Additionally, NG&N represented Lake County in the recent case of Lake County v. Water Oak Management Corp., 695 So. 2d 667 (Fla. 1997). This case confirmed what NNG&N-had long advocated -- that fire rescue services provide the requisite special benefit to property for special assessments. Furthermore, at least one member of NG&N has served as trial or appellate counsel or counsel for a "friend of the court" in almost all of the major local government revenue and home rule judicial decisions during the past 25 years. NG&N has also helped local governments develop and implement other alternative revenue sources. Through NG&N's public finance practice, it has initiated the development and implementation of many finance innovations in Florida, including Monroe County D-7 Florida Keys Mosquito Control District Operations Review 2-8-99 • • • insurable lease-purchase financing structures, the Florida Association of Counties Commercial Paper Program, the Affordable Housing Guarantee Program of the Florida Housing Finance Corporation, and the structure of bonds payable from special assessments collected on the ad valorem tax bill. Additionally, NG&N has been an innovator in securing for Florida local governments the authority to impose user fees for the use and rental of public rights-of-way and other public property by utilities of all types. Specifically, NG&N has assisted numerous local governments in designing and negotiating franchise fees for gas, electric and cable television, and within the past few years, NG&N has developed a concept of the unilateral home rule imposition by ordinance of a privilege fee as an alternative to the functionally equivalent franchise fee. NG&N has also worked with at least 11 Florida local governments on impact fee projects for transportation, schools, libraries, parks, and fire. In this capacity, NG&N was instrumental in structuring impact fee programs that use an improvement-driven approach, as opposed to the traditional standards approach. An improvements approach allows local government to provide necessary funding for capital improvements in order to fulfill the capital improvement element of their comprehensive plans. Thus, NG&N has provided creative and effective solutions to various local government funding problems. NG&N's ability to effectively respond to these needs in identifying revenue and governance solutions has been partially due to the fact that NG&N or its members have participated in drafting and securing passage by the Florida Legislature of many significant local government tax initiatives during the past 20 years. For example, during the 1985 Legislative Session, Robert L. Nabors, drafted the amendment to Chapter 373, Florida Statutes, which authorized the pledge by water management districts of funds deposited in the Water Management Lands Trust Fund for land acquisition under the "Save Our Rivers" land acquisition program. Other representative examples include the following: • the municipal service taxing and benefit unit concept (§ 125.01(1)(q) and (r), Florida Statutes); • the revision of Uniform Collection Method to allow local governments more flexibility in collecting capital special assessments on the tax bill (§ 197.3632, Florida Statutes); • -the Local Government Infrastructure Surtax, which provides a one cent local option sales tax option for each of Florida's 67 counties; and • revisions to the Tourist Development Tax. Furthermore, NG&N's collective knowledge of the applicable laws and regulations affecting tax and finance issues is unsurpassed. For example, several members of the firm participate at least twice a year in a one-and-a-half-day seminar, sponsored by the firm and GSG, to educate local government officials and staff on Florida law as it relates Monroe County D-8 Florida Keys Mosquito Control Distnct Operations Review 2-8-99 • • • to local government finance and tax issues. Included with this proposal are the seminar materials that are prepared by NG&N. In 1992 and 1994, NG&N assisted the Florida Counties Foundation, Small Counties Technical Assistance Project by developing an analysis of revenue options available under existing laws and Florida case law for each of the 32 small counties in Florida. NG&N identified and offered practical advice regarding additional revenue options. The analysis of revenue options included a general reference guide and summary of the authorized small county optional tax sources and home rule revenues, as well as a summary of each county's current revenue and expenditures, including ad valorem tax data. Finally, NG&N, along with members of GSG, was recently asked by the Florida Department of Community Affairs to provide educational sessions to its staff on the home rule powers of Florida's local governments and how those powers can be creatively used to fund elements of a local comprehensive plan capital improvement element. Lee County Mr. Bruce Loucks 941/335-2221 Director, Budget Services P.O. Box 398 Ft. Myers, FL 33902 In 1985 NG&N was approached by Lee County to help the County undertake bridge financings for which an enterprise fund would be established. In other words, rather than finance each bridge individually, Lee County wanted to finance up to three different bridges as part of one enterprise fund. Prior to 1985, most bridge financings were done pursuant to Chapter 159, Florida Statutes, which is generally construed as not permitting toll facilities such as bridges to be financed as part of an enterprise fund. We advised the County that in lieu of utilizing Chapter 159, it should undertake its bridge financings pursuant to its home rule powers. In that vein, we drafted a home rule ordinance for the County to undertake financing of the bridges pursuant to an enterprise fund. This issue was ultimately taken up through a validation proceeding to the Florida Supreme Court. The Court found in favor of Lee County in the case styled Taylor v. Lee County, 498 So. 2d 424 (Fla. 1986). This case is typically recognized as one of the keynote cases in defining home rule powers of II counties:- Monroe County D-9 Florida Keys Mosquito Control District Operations Review 2-8-99 • • Osceola County Ms. Jo O. Thacker 407/847-1212 County Attorney 17 S. Vernon Avenue Room 112 Kissimmee, FL 34741 NG&N was engaged by Osceola County to assist in funding a proposed toll road to link Florida's Turnpike with World Drive. The capital cost of financing the toll road was approximately $150,000,000. NG&N negotiated and prepared an extensive Development Agreement among Osceola County, the Reedy Creek Improvement District ("RCID") and several private developers, including Disney Development Company. Pursuant to the Development Agreement, RCID and the private developers provide a portion of the funds to construct the project and will make annual payments to augment the toll revenues pledged to secure the bonds issued to finance the toll road. The Development Agreement includes seven layers of debt service security, the last of which is a general obligation guaranty from RCID. The combination of tolls and private payments will result in construction of this road without the necessity to pledge gas taxes or other governmental revenues. Monroe County D-10 Florida Keys Mosquito Control District Operations Review 2-8-99 • City of Miramar Eric M. Soroka 305/466-8900 Water Treatment Plant (Former City Manager; now Manager of the City of Aventura) As mentioned earlier, NG&N has recently completed a major utility assessment project for the City of Miramar to finance a water treatment plant to be located in the undeveloped western portion of the City. The special assessments which secured a series of bonds to fund construction of the plant, were imposed on a "two-tier basis. The cost to construct the plants basic infrastructure was assessed, on an involuntary basis, against a wide area to be served by the plant at buildout. Developers desiring immediate capacity from the plant were also assessed for capacity improvements to serve all or a portion of their ultimate capacity needs. This latter group, which numbered approximately 25 ownerships and included approximately 80 percent of the landowners, entered into Water Treatment Plant Assessment and Capacity Agreements with the City. The specific terms of these agreements and the method of sharing the project cost among the various parties were negotiated and drafted by NG&N. The assessments were authorized by a home rule ordinance enacted by the City. Subsequently, NG&N was also engaged in the development of additional assessment programs to finance other infrastructure in the western undeveloped portion of the City of Miramar. These programs financed a wastewater treatment plant and water and wastewater transmission facilities. Monroe County D-11 Florida Keys Mosquito Control District Operations Review 2-8-99 • Sarasota County Dave E. Cook 941/378-6009 Acquisition Program Finance Division Manager Sarasota County Utilities Department Stephen E. DeMarsh 941/316-7272 Assistant County Attorney P.O. Box 8 Sarasota, FL 34230 NG&N serves as legal advisor to Sarasota County in water and wastewater utility matters. Sarasota County has more than 40 significant investor-owned utilities and NG&N has been engaged to develop a rational approach to the evaluation and acquisition of five major utilities with the objective of furthering the creation of a regional utility system. As mentioned previously, NG&N has negotiated and closed the $37.5 million acquisition by Sarasota County of Southern States Utilities, Inc.'s Venice Gardens Utility System. In 1996, NG&N completed successful negotiations with the Hugh F. Culverhouse Trust for the acquisition of Central County Utilities, Inc.; Taywood Homes (Inc.) Ltd. for the acquisition of the Meadwood Utility System; and developed and closed a stipulated settlement agreement with Atlantic Utilities of Sarasota, Inc. for acquisition of the Atlantic Utilities of Sarasota, Inc. utility system. In all of these transactions, NG&N took the lead in orchestrating the transactional elements of the closings and issuance of title insurance commitments and policies which facilitated the closing process. NG&N is currently working on acquisition programs in three other counties where initial title search work has been ordered to facilitate the negotiation and acquisition analysis by NG&N's government clients. Monroe County D-12 Florida Keys Mosquito Control District Operations Review 2-8-99 • West Coast Regional Jerry Maxwell, Executive 813/796-2355 Water Supply Authority Director Don Conn, General Council 2535 Landmark Dr. Suite 211 Clearwater, FL 34621 NG&N was responsible for mediating and drafting a new interlocal agreement, which fundamentally changed the relationship among the Authority's members. Under the new agreement the member governments agreed to relinquish their individual rights to develop water supply facilities, and the Authority became the sole and exclusive water supplier for the members with an unequivocal obligation to meet the members water needs. Alternative dispute resolution provisions were established to limit litigation, and deadlines were established for developing new water sources and reducing pumpage from current facilities, that are consistent with the environmental recovery plan established by the Southwest Florida Water Management District. Additionally, NG&N prepared several corollary documents involved in the restructuring of the Authority, including a master water supply contract governing the specific terms under which water is sold to the member governments and separate property transfer agreements. The interlocal agreement has been approved by all of the Authority's members and is considered to be the model of intergovernmental cooperation for the Tampa Bay region. Monroe County D-13 Florida Keys Mosquito Control District Operations Review 2-8-99