Okaloosa County BOCC — November 4, 2014

Agenda Okaloosa County Board of Commissioners Tuesday, November 4, 2014– 6:00 PM Crestview Courthouse I. County Administrator's Update II. Commissioner's Minute III. Public Comments Related to Current Agenda IV. Visitor 1. Mark E. Davis to present to the Board a World Diabetes Day lapel pin. District: All. –Pg. 5 2. Bernard Johnson of Gulf Power Corporation and Mike Kent of the Okaloosa Community Development Corporation to Update the Board on Implementation of the Community Energy Saver Program –Pg. 7 V. Consent Agenda 1. [AP] Request approval of Amendment One to Michael Baker Jr. Inc. Lease in the Baldwin Building, at Northwest Florida Regional Airport –Pg. 24 2. [AP] Request approval of Ray and Shelley Netherwood Hangar Lease Amendment (DTS) –Pg. 31 3. [AP] Request approval of the ERMC IV, LP Contract Final Payment for services at Northwest Florida Regional Airport (VPS) –Pg. 38 4. [CAO] Per Florida Statute 136.06, a link to warrants is provided for Board information and review –Pg. 47 5. [CAO] Approval of Budget Resolutions & Transfers FY 14 –Pg. 49 6. [CAO] Request Board approve and authorize the Chairman to sign and transmit letter of support for the Northwest Florida Estuaries Restoration Program Proposal –Pg. 59 7. [CAO] Request approval of a Public Event Permit for the Jingle Bell Jog 10K/5K Run/Walk race, to be held December 13, 2014, 7:00 a.m. - 1:00 p.m., along US 98 roadway on Okaloosa Island, sponsored by Special Forces Association, Chapter 7. –Pg. 64 Revised: 10/31/2014 9:41 AM Page 1 of 5 Regular Meeting (North) Agenda November 4, 2014 8. [CAO] Request approval of a Public Event Permit for The Round the Bay Relay / Ultra Race, to be held Saturday, December 27, 2014, from 6:00 a.m. - 1:00 p.m. along major Roadways in Okaloosa County - Multiple relay stops. –Pg. 67 9. [CAO] Request approval of a Resolution submitted by Surety Land Title of Florida, LLC for an Okaloosa Island Leasehold Conversion –Pg. 72 10. [CAO] Request approval of minutes for the September 15th Budget meeting, September 16th Regular Meeting, and September 30th Special Meeting –Pg. 75 11. [CAO] Approval of Budget Resolutions & Transfers FY 15 –Pg. 109 12. [GM] Request approval of the Appointment of Patsy Bland to the Code Enforcement Board –Pg. 114 13. [HR] Request approval to add Express Employment as an approved temporary staffing agency and authorize the Chairman to execute the contract. –Pg. 116 14. [IS] Request approval of Second Amendment to World Fiber Technologies, Inc. Contract C10-1838-IS and Task Order 17. –Pg. 122 15. [Non BCC] Request approval and authorization for Chairman to sign Equitable Sharing Agreement for Okaloosa County Sheriff's Office. –Pg. 129 16. [Non-BCC] Request approval of Sheriff Law Enforcement Trust Fund disbursement for Dr. Martin Luther King, Jr. Celebration Committee. –Pg. 197 17. [PUR] Seeking Approval of Final Payment to Executive Cleaning, Inc. and to Close- Out Contract C12-2000-HD. –Pg. 211 18. [PUR] Requesting approval and authorization for the Chairman to sign Southern Link Contract Amendment (C07-1549-PUR). –Pg. 219 19. [PUR] Seeking approval of contract with Technology Integration Group (TIG) for software license renewal and maintenance and authorize Chairman to sign the agreement. –Pg. 222 20. [PUR] Seeking Board Approval of A Direct Pay to Cartegraph –Pg. 249 21. [PUR] Seeking Approval to Award Bid for Access Control System Replacement to Security 101, LLC. –Pg. 252 22. [PW] Request authorization to advertise the RFB for the Okaloosa County Department of Corrections Parking Lot Repair –Pg. 290 23. [TDD] Request approval of payment in the amount of $18,895.30 for 2013 Destin Seafood Festival marketing and advertising. –Pg. 292 24. [TDD] Request approval of payment in the amount of $8,216.09 for 2014 HOG Rally marketing and advertising. –Pg. 365 Okaloosa County Board of Commissioners Page 2 Printed 10/31/2014 Regular Meeting (North) Agenda November 4, 2014 25. [TDD] Request approval of payment in the amount of $11,219.90 for printing and mailing of the registration letter, as well as website impressions, for the 2014 Emerald Coast Fall Volleyball Classic –Pg. 409 26. [TDD] Request approval of payment in the amount of $20,000.00 for 2014 Destin Fishing Rodeo marketing and advertising –Pg. 487 27. [TDD] Request approval for payment to Peter Mayer for Woobox social media contest platform in the amount of $498.00 –Pg. 530 28. [TDD] Monthly reconciliation of the use of promotional reserve funds –Pg. 540 VI. Department Business A. Elliot Kampert/Growth Management 1. Request approval of after-the-fact extension of Florida Department of Transportation (FDOT) Grant AQD91 and the associated Task Orders –Pg. 541 2. Request approval of after-the-fact authorization to extend the expiration of Grant AQH66 until 1/30/2015 –Pg. 545 B. Jason Autrey/Public Works 1. Request approval of reallocation of funds to advance the overlay of a larger portion of PJ Adams Road in the Crestview area –Pg. 548 2. Request approval of the Scope and Fee for HDR, Inc. To Perform the Phase I Engineering Design and Right of Way Acquisition Services for PJ Adams Parkway –Pg. 550 3. Request approval for payment of invoices related to services rendered following the expiration of Contract# C05-1115-PW for waste tire removal. –Pg. 605 C. Jeff Littrell/Water & Sewer 1. Request approval of the purchase of land for the Shoal River Buffer and authorize the Chairman to execute a Resolution, Purchase & Sale Agreement, Restrictive Use Easement, and Closing Documents. District: 1. –Pg. 607 2. Request to execute a Grant Agreement with the Florida Department of Environmental Protection for the Okaloosa Island Water Supply Project. District: 1. –Pg. 660 Okaloosa County Board of Commissioners Page 3 Printed 10/31/2014 Regular Meeting (North) Agenda November 4, 2014 3. Request approval of and authorize the Chairman to execute a contract modification with Eglin Air Force Base for delivery date extensions for the Eglin Wastewater Treatment Re-configuration contract. District: 3. –Pg. 689 D. Ed Schroeder/Tourist Development 1. Request approval of Resolution 2014-__ adopting the Okaloosa County Tourist Development Department Consolidated Strategic Marketing Plan – Revised for Fiscal Year 2013-2014. –Pg. 695 2. Request approval of updated marketing co-op program –Pg. 720 3. Request approval to cancel deployment of the Tenneco vessel as an artificial reef –Pg. 723 4. Request approval to make Amendment 1 to Waste Management contract C03- 0898-TDC retroactive to July 1, 2014 –Pg. 726 E. Don Turner/Facility Maintenance 1. Requests BCC approval of a contract renewal for the Systems Specialists HVAC Monitoring and Controls contract for the Crestview Courthouse. Dist: all –Pg. 761 2. Requests BCC approval of a contract renewal for the Systems Specialists HVAC Monitoring and Controls contract for the Jail. Dist: all –Pg. 772 3. Requests BCC approval of a contract renewal for the Systems Specialists HVAC Monitoring and Controls contract for the EOC. Dist: all –Pg. 786 4. Requests BCC approval of a contract renewal for the Systems Specialists HVAC Monitoring and Controls contract for the No. & So. Fiber Hubs. Dist: all –Pg. 797 5. Requests BCC approval of a contract renewal for the Systems Specialists HVAC Monitoring and Controls contract for the South Courthouse. Dist: all –Pg. 808 VII. Old Business 1. Request approval of bond resolutions and authorize Chairman to execute appropriate documents to complete issuance and award sale of bonds for construction projects. –Pg. 820 2. Request direction from Board of County Commissioners regarding whether to initiate amendments to Land Development Code to allow keeping of chickens in residential areas –Pg. 938 Okaloosa County Board of Commissioners Page 4 Printed 10/31/2014 Regular Meeting (North) Agenda November 4, 2014 VIII. Public Comments Okaloosa County adheres to the Americans with Disabilities Act and will make reasonable accommodations for access to this meeting upon request. Please call the County Administrator’s Office at (850) 651-7515 to make a request. For Hearing Impaired, Dial 1-800-955-8771 (TDD), and 1-800-955-8770 (Voice). Requests must be received at least 48 hours in advance of the meeting in order for Okaloosa County to provide the requested service. Okaloosa County Board of Commissioners Page 5 Printed 10/31/2014  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Mark E. Davis: SUBJECT: Visitor - World Diabetes Day lapel pin Presentation Documents are attached related to Mark E. Davis to Present the Board a World Diabetes Day lapel pin. Packet Pg. 6 November is National Diabetes Month and November 14 is World Diabetes Day. To advocate for better diabetes awareness and education, the International Diabetes Federation (IDF) encourages those suffering with the disease to meet with community leaders and present them with a World Diabetes Day lapel pin. We would like to meet with the Board of Okaloosa County Commissioners, so that our daughter Abigail can present them with a World Diabetes Day lapel pin in hopes that they will wear it for the month of November to bring awareness to this important cause. The World Diabetes Day campaign is led by the International Diabetes Federation (IDF) and its member associations. It engages millions of people worldwide in diabetes advocacy and awareness. World Diabetes Day was created in 1991 by the International Diabetes Federation and the World Health Organization in response to growing concerns about the escalating health threat that diabetes now poses. As of this year, over 382 million people are living with diabetes and more than 497,000 children under age 15 years has type 1 diabetes. Of the 382 million people living with diabetes, 29.1 million reside in the US. 8.1 million people have this disease and haven’t been diagnosed. Diabetes is the sixth leading cause of death in the US and has a direct and indirect cost of diabetes total $174 billion a year. The most common forms of diabetes are Type 1 diabetes and Type 2 diabetes. Type 1 diabetes accounts for about 5% of all diagnosed cases of diabetes. • Type 1 diabetes is usually first diagnosed in children and young adults, although it can occur at any time. To survive, people with type 1 diabetes use insulin from an injection or a pump. Risk factors for type 1 can be autoimmune, genetic or environmental. At this time, there are no known ways to prevent type 1 diabetes. • Type 2 diabetes accounts for about 95% of diagnosed diabetes in adults. Several studies have shown that healthy eating and regular physical activity, used with medication, can help control health complications from type 2 diabetes or can prevent or delay the onset of type 2 diabetes Abby was diagnosed with type 1 diabetes when she was 18 months old. Now age 12, Abby has been an advocate for a cure from day one. She participated in her first Walk for a Cure 2 weeks after she was diagnosed and hasn’t missed a year since. She has actively engaged local, state, and national leaders to lobby for increased funding and awareness of the differences between type 1 and type 2 diabetes and the challenges associated with each. In 2011, she was one of two children selected to represent the State of Alabama at the biannual Juvenile Diabetes Research Foundation’s (JDRF) Children’s Congress in Washington DC. She met with Congressman Roby and Bachus as well as Senators Shelby and Sessions. Because of her advocacy as well as many others passionate about finding a cure for diabetes, Congress renewed the $150 million dollar Special Diabetes Program, which will continue to fund promising research for a cure. We hope you will wear the pin proudly to support the diabetes community and our fight for a cure. Regards, Mark & Kimberly Davis Packet Pg. 7  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Visitor - Gulf Power Community Energy Saver Program DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Gulf Power and the Okaloosa Community Development Corporation will update the Board of County Commissioners regarding implementation of Gulf Power's Community Energy Saver program. BACKGROUND: Gulf Power Corporation's Community Energy Saver program was established to: • Assist families living in income eligible neighborhoods by performing a free Energy Checkup and installing energy conservation measures at no cost to the customer. • Educate families on energy efficiency techniques and best practices. • Help save money by changing and controlling energy use behaviors. • Provide information on additional energy saving programs offered by Gulf Power Unlike many energy audit programs which typically focus on individual households and rely on the households to initiate the process, the Community Energy Saver program is intended to work at the community level with direct, proactive outreach by Gulf Power. For this effort, neighborhoods in the Fort Walton Beach, Niceville, and Crestview areas were identified using Census data. Due to Gulf Power's service area, neighborhoods in DeFuniak Springs were also included. Gulf Power also worked closely with the CDC which, as the County's SHIP Administrator and NSP contractor, provided an opportunity to cost-effectively reach concentrations of income qualified households. The update will include a Powerpoint presentation. No County funds were expended for this program. RECOMMENDATIONS: Staff recommends that the Board receive the presentation and ask questions as may seem appropriate to the Gulf Power and CDC representatives. RECOMMENDED BY: Packet Pg. 8 APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 9 Packet Pg. 10 Packet Pg. 11 Packet Pg. 12 Packet Pg. 13 Packet Pg. 14 Packet Pg. 15 Packet Pg. 16 Packet Pg. 17 Packet Pg. 18 Packet Pg. 19 Packet Pg. 20 Packet Pg. 21 Packet Pg. 22 Packet Pg. 23 Packet Pg. 24  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Amendment One to Michael Baker Lease DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: A proposed Amendment Number One to the Michael Baker Jr. lease in the Baldwin Building at Northwest Florida Regional Airport, is being presented to the Board of County Commissioners for approval. BACKGROUND: On June 23, 2014 the Board approved a lease for office space in the Baldwin Building for Michael Baker Jr., Inc. This Amendment will delete Section 11 from the lease because Northwest Florida Regional Airport tenants and concessionaires do not pay utilities. The cost for utilities comes out of their rent/lease payment. A current certificate of insurance is attached along with the contract and lease internal coordination sheet. OPTIONS: Approve, Reject or Table. RECOMMENDATIONS: It is Staff's recommendation that the Board approve the Lease Amendment as described above. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 25 Packet Pg. 26 Packet Pg. 27 Packet Pg. 28 Packet Pg. 29 Packet Pg. 30 Packet Pg. 31  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Amendment to Ray and Shelley Netherwood Hangar Lease DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: A proposed Amendment to the Ray & Shelley Netherwood hangar lease, Block 8 Lot 1 at the Destin/Ft. Walton Beach Airport, is being presented to the Board of County Commissioners for approval. BACKGROUND: On June 11, 2007 the Board approved a hangar lease for Mr. & Mrs. Netherwood for Block 8 Lot 1 at the Destin/Ft. Walton Beach Airport. During the FY 2014 internal audit of leases it was noticed that the lease had a typographical error. The text describing the square footage as "ONE THOUSAND THREE HUNDRED AND FIFTY, did not match the actual amount of 1,250, resulting in an error of 100 square feet. This Amendment will correct the error. Also attached is a current certificate of insurance along with the contract and lease internal coordination sheet. OPTIONS: Approve, Reject or Table. RECOMMENDATIONS: It is Staff's recommendation that the Board approve the Amendment as described above. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 32 Packet Pg. 33 Packet Pg. 34 Packet Pg. 35 Packet Pg. 36 Packet Pg. 37 Packet Pg. 38  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: ERMC Contract Final Payment DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: A proposed final payment in the amount of $14,774.00 for the ERMC IV, LP contract at the Northwest Florida Regional Airport (VPS), is being presented to the Board of County Commissioners for approval. BACKGROUND: On May 20, 2008 the Board approved the ERMC IV, LP contract for preventive maintenance and repairs to the passenger loading bridges, ground power units, preconditioned air units, potable water, cabinets, ticket counter conveyor, baggage make up units, walkways, stairs, and security doors. ERMC IV, LP has been notified that the contract will be terminated on its expiration date of September 30, 2014, and that the County is going out for competitive bidding for these services in conjunction with a contract for aircraft maintenance services. The final payment for quarterly preventive maintenance inspections for the passenger loading bridges for quarters ending in May and August is attached. The invoice for the quarterly period from February to May was incorrect and required revisions by ERMC IV, LP. The Finance Department has requested that both the invoices be paid at the same time as the contract's final payment. OPTIONS: Approve, Reject or Table. RECOMMENDATIONS: It is Staff's recommendation that the Board approve this final payment as described above. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 39 Packet Pg. 40 Packet Pg. 41 Packet Pg. 42 Packet Pg. 43 Packet Pg. 44 Packet Pg. 45 Packet Pg. 46 Packet Pg. 47  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Link to Warrants DEPARTMENT: County Administrator BCC DISTRICT: All Per Florida Statute 136.06(1), "All money drawn from any depository qualified under the provisions of this chapter shall be upon a check or warrant issued by the board or officer drawing the same, said check or warrant, both as to number and amount, person to whom drawn and purpose for which drawn shall be recorded in the minutes of the board having ordered the same drawn, and each check or warrant so drawn shall be signed by the chair of said board, attested by the clerk or secretary of said board with the corporate seal thereof affixed; however, money under the control of any school board may be withdrawn as may be otherwise provided by law." Warrants are defined as checks or money drawn from any of the Board’s depositories. The following link is provided to review all warrants by the Okaloosa County Board of County Commissioners: <http://www.clerkofcourts.cc/bccfinance/>. If using iPad to view or if link is unusable, please reference link in attachment to this agenda item. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 48  The following reference(s) is (are) provided as links for the following: Agenda Item Title: Link to Warrants Reference Background: Per Florida Statute 136.06(1), "All money drawn from any depository qualified under the provisions of this chapter shall be upon a check or warrant issued by the board or officer drawing the same, said check or warrant, both as to number and amount, person to whom drawn and purpose for which drawn shall be recorded in the minutes of the board having ordered the same drawn, and each check or warrant so drawn shall be signed by the chair of said board, attested by the clerk or secretary of said board with the corporate seal thereof affixed; however, money under the control of any school board may be withdrawn as may be otherwise provided by law." Warrants are defined as checks or money drawn from any of the Board’s depositories. The following link is provided to review all warrants by the Okaloosa County Board of County Commissioners: http://www.clerkofcourts.cc/bccfinance/ Packet Pg. 49  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: David Skarzynski, Budget Manager SUBJECT: Budget Resolutions & Transfers FY 14 Resolution amending the Fiscal Year 2014 Budget, General Fund, which did not reflect adequate appropriations for budget transfer from Tourist Development Fund, in the amount of $200,361. Resolution amending the Fiscal Year 2014 Budget, County Transportation Trust Fund, which received surplus funds from State Revenue Sharing and the Board of County Commissioners desire to transfer from Debt Service Fund to the County Transportation Trust Fund, in the amount of $175,000. Resolution amending the Fiscal Year 2014 Budget, Natural Disaster Special Revenue Fund, which did not reflect adequate appropriations for 2014 flood event, in the amount of $1,179,265. Resolution amending the Fiscal Year 2014 Budget, Okaloosa Debt Service Fund, which did not reflect adequate appropriations for additional state revenue sharing proceeds, in the amount of $394,800. Resolution amending the Fiscal Year 2014 Budget, Solid Waste Enterprise Fund, which did not reflect adequate appropriations for budget transfer from Tourist Development Fund, in the amount of $7,993 Resolution amending the Fiscal Year 2014 Budget, Inspections Enterprise Fund, which did not reflect adequate appropriations for building permits, in the amount of $198,967. Resolution amending the Fiscal Year 2014 Budget, Emergency Medical Services Enterprise Fund, which did not reflect adequate appropriations for ambulance fees and other revenue sources, in the amount of $25,500. BT-14-58. Tourist Development Fund in the amount of $263,998. Transfer to County Parks for beach cleaning. BT-14-59. Natural Disaster Special Revenue Fund in the amount of $165,162. Provide local match for 2014 flood event. Packet Pg. 50  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Tourist Development Fund for budget transfer, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the General Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Budget Transfer-Tourist Development Fund 0170R-381104 $200,361 EXPENDITURES DEPT-ACCOUNT AMOUNT Salaries/Wages – Full-time 0170-512010 $75,535 Contract Services - Personnel 0170-534500 $308 Rent/Lease - Equipment 0170-544640 $10,546 Repair/Maintenance – Vehicles – Fleet 0170-546644 $7,238 Repair/Maintenance – Other (usage) 0170-546990 $76,829 Miscellaneous Charges 0170-549900 $2,955 Fleet Fuel 0170-552010 $13,468 Janitorial Supplies 0170-552700 $9,492 Equipment 0170-564702 $3,990 Adopted this regular session the 4th day of November 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 51  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET COUNTY TRANSPORTATION TRUST FUND WHEREAS, the Board of County Commissioners received surplus funds from State Revenue Sharing and the Board of County Commissioners desires to transfer from Debt Service Fund to the County Transportation Trust Fund, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the County Transportation Trust Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Budget Transfer – Debt Service Fund 1000R-381201 $175,000 EXPENDITURES DEPT-ACCOUNT AMOUNT Reserve/Cash Carryforward 1049-599010 $175,000 Adopted this regular session the 4th day of November 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 52  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET NATURAL DISASTER SPECIAL REVENUE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for 2014 flood event, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Natural Disaster Special Revenue Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Economic Environment - Federal 711401R-331500 $990,974 Economic Environment - State 711401R-334500 $165,162 Economic Environment - Federal 711491R-331500 $19,825 Economic Environment - State 711491R-334500 $3,304 EXPENDITURES DEPT-ACCOUNT AMOUNT Overtime 711401-514010 $154,758 FICA Taxes 711401-521000 $20,741 Retirement Contributions 711401-522000 $11,839 Contract Services – Other 711401-534900 $12,411 Rent/Lease – Equipment 711401-544640 $37,194 Repair/Maintenance – Facilities 711401-546620 $12,946 Material – Emergency 711401-553991 $233,014 Jail Parking Lot 711401-563310 $24,930 Shoal River Drive Dam 711401-563312 $23,740 Other Improvements 711401-563490 $619,838 Computer Equipment 711401-564203 $4,725 Budget Transfer-Sheriff-Law Enforcement 711491-591086 $23,129 Adopted this regular session the 4th day of November 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 53  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET OKALOOSA DEBT SERVICE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for additional state revenue sharing proceeds, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Okaloosa Debt Service Fund be increased, as follows: RECEIPTS DEPT-ACCOUNT AMOUNT State Revenue Sharing Proceeds 2100R-335120 $284,800 State Revenue Sharing Proceeds 2105R-335120 $110,000 EXPENDITURES DEPT-ACCOUNT AMOUNT Other Interest 2108-572900 $500 Other Debt Service 2108-573900 $12,800 Budget Transfer – C.T.T.F. 2198-591101 $175,000 Reserves – Debt Service 2199-599200 $206,500 Adopted this regular session the 4th day of November 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 54  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET SOLID WASTE ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Tourist Development Fund for budget transfer, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Solid Waste Enterprise Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Budget Transfer–Tourist Development Fund 4300R-381104 $7,993 EXPENDITURES DEPT-ACCOUNT AMOUNT Billing Charges 4301-549911 $7,993 Adopted this regular session the 4th day of November 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 55  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET INSPECTIONS ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for building permits, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Inspections Enterprise Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Building Permits 4400R-322100 $198,967 EXPENDITURES DEPT-ACCOUNT AMOUNT Contract Services – General Fund Admin 4400-534001 $50,000 Reserves/Cash Carryforward 4400-599010 $148,967 Adopted this regular session the 4th day of November 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 56  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET EMERGENCY MEDICAL SERVICES ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for ambulance fees and other revenue sources, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Emergency Medical Services Enterprise Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Ambulance Fees 4500R-342601 $6,500,000 Bad Debt Allowance 4500R-342604 ($6,500,000) Ad Valorem Taxes 4500R-311100 $4,100 Ad Valorem Taxes 4500R-311200 $2,590 Copying Fees 4500R-342909 $7,595 Charges for Services 4500R-342910 $440 Interest 4500R-361101 $7,025 Insurance Proceeds 4500R-369310 $3,750 EXPENDITURES DEPT-ACCOUNT AMOUNT Overtime 4500-514010 $25,500 Adopted this regular session the 4th day of November 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __ __ Packet Pg. 57 Packet Pg. 58 Packet Pg. 59  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Letter of Support - Northwest Florida Estuaries Restoration Program Proposal DEPARTMENT: County Administrator BCC DISTRICT: ALL STATEMENT OF ISSUE: Staff requests the Board approve and authorize the Chairman to sign the letter of support for the Northwest Florida Estuaries Restoration Program Proposal and transmit the letter to Governor Rick Scott. BACKGROUND: The Gulf Coast Ecosystem Restoration Council (GCERC) has asked for water quality and habitat restoration projects to be funded from Pot 2 of the RESTORE Act. Pot 2 funding is controlled by the Council. The GCERC has asked each of the 5 Gulf of Mexico coastal States to submit 5 project ideas to the Council for funding consideration. After consultation among the 8 "disproportionately affected counties" (Escambia, Santa Rosa, Okaloosa, Walton, Bay, Franklin, Gulf, and Wakulla Counties) staff suggests that a regional application would have the highest chance of success and the most positive environmental benefits for the region. Both the Florida Department of Environmental Protection (FDEP) and the Council itself have indicated a preference for these types of large area or regional projects. The following are the goals (taken from the application) of this approach: 1. Develop a watershed-based plan founded on a unified, holistic vision for a healthy watershed and that identifies the most pressing environmental issues affecting the watershed and solutions that address the issues, regardless of political jurisdiction and funding source. 2. Develop a list of projects in each watershed that specifically addresses solutions to the identified issues and the root causes of the issues. The project list can be used to pursue project funding for RESTORE Act and non-RESTORE Act related funding programs (e.g., grants and Public Private Partnerships) by clearly documenting the need for the projects in the context of how they will address solutions to the identified watershed issues. 3. Provide a screening tool for the communities, FDEP, Florida Fish and Wildlife Conservation Commission (FWC), National Fish and Wildlife Foundation’s Gulf Environmental Benefit Fund (NFWF GEBF) and the GCERC to use as they evaluate project priorities for potential funding. Packet Pg. 60  4. Focus stakeholder efforts in each of the watersheds and across the regions to increase long-term coordination and maximize effectiveness of funding and efforts. If the Northwest Florida Estuaries Restoration Program Proposal is approved by the State of Florida as one of the 5 allowed applications, it will be forwarded to the GCERC for consideration. OPTIONS: Approve/Disapprove letter of support. RECOMMENDATIONS: Staff recommends the Board approve the letter of support for the Northwest Florida Estuaries Restoration Program Proposal and authorize the Chairman to sign and transmit the letter to Governor Rick Scott. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 61 November 4, 2014 The Honorable Rick Scott State of Florida, The Capitol 400 South Monroe Street Tallahassee, FL 32399-0001 Dear Governor Scott, Okaloosa County supports The Nature Conservancy’s grant application to the Gulf Coast Ecosystem Restoration Council, for the Northwest Florida Estuaries Restoration Project. This project is the unique and perfect partnership of the Eight Disproportionately Affected Counties in Florida to restore the estuaries of the northern Florida gulf coast while still tailored to local impacts and priorities. This project includes restoration activities in the eight primary watersheds of northwest Florida: Perdido Bay, Pensacola Bay, Choctawhatchee Bay, St. Andrews Bay, St. Joseph Bay, Apalachicola Bay, Ocklockonee Bay, and St. Marks Bay. As a result of the watershed strategic planning sessions facilitated by the Nature Conservancy, Northwest Florida coastal communities have mobilized to identify the critical issues that must be addressed in their watersheds. The uniquely positive characteristic of this process and these projects is that jurisdictional boundaries are erased and the partnership focuses on the best interest of the entire watershed. These projects are tailored to each watershed with the purpose of identifying the root causes of degradation and how to most effectively address the problems. All eight counties and the northern gulf coast will benefit from application of these focused solutions. We thank you for your consideration of this application and look forward to working with the Gulf Coast Ecosystem Restoration Council. Sincerely, Charles K. Windes, Jr. Chairman Packet Pg. 62  Northwest Florida Estuaries Restoration Program Proposal $160M Pot 2 Funding Opportuntity $17.6M Panhandle Estuary Program Proposal 8 estuaries DEP receives Funds and distributes using CBIR model (~ $2M per estuary) Priorities Identified via TNC watershed planning process $ Key Points of the Proposal: • Money distributed via a CBIR type process • Priority projects identified using a TNC facilitated science-based stakeholder decision process using the watershed groups currently in place. • State receives grant and funds TNC to continue watershed planning to develop a science-based projct prioritization prcoess. • Projects identified in each estuary (approx. $2M per estuary). Goal 1: DEP recommends and the Governor submits the TNC propsal to the Gulf Coast Restoration Council for funding from the budget 2 RESTORE Act funds. Success strategy: • Letter of support to the Governor from each of the eight counties for the TNC to develop and submit the Proposal to DEP and for the Governor to include as one of FL’s five proposals to the Gulf Coast Restoration Council. • Educate and inform state and local officials and organizations of the proposal’s importance to improving the economic and environmental quality of Panhandle ecosystems. Goal 2: Gulf Coast Restoration Council selects TNC proposal for funding. Success strategy: • Educate and inform all members of the Council, key Senators and Representatives and other interested parties about the importance of funding this program proposal in Florida. • Eight County Resolution supporting the proposal Key Messages: • Panhandle counties have organized around five watersheds to identify priority issues, root causes and major actions to improve the economic and enivronmental health of their communities. • Watershed groups include representatives from Federal, State and local agencies (including AL representatives), NGOs, universities, business groups, and local stakeholders • This proposal continues that work by funding the science-based prioritization of projects and providing ~ $2M for each estuary to begin project implementation Packet Pg. 63  • Ultimate goal is to identify the an initial suite of projects necessary to help improve the environmental and economic health of each watershed, regardless of funding source, then pursue funding including RESTORE, Grants, Public Private Partnerships and any other available relevant funding opportunty. Key Targets to Brief: County Commissioners, State and Federal Legislators and staff, DEP, NWFWMD, EPA, ACOE, USDA, USFWS Process Overview: DEP reviews and makes TNC Makes Application to recommendations to DEP on Behalf of 8 Govenor for Florida's 5 Counties for Block Grant Projects Federal Council Reviews all Projects submitted DEP Submits Florida's 5 from all Council Project to Federal Council Members and Selects Projects for Funding Federal Council Reviews all Projects submitted IF TNC Proposal is Selcted from all Council for Funding Members and Selects Projects for Funding 1. Funds would flow to DEP via grant 2. TNC would select project based on terms of Agreement. 3. Funds would then be allocated to Counties for projects. Packet Pg. 64  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Chad Reiman - Special Forces Association Chapter 7 SUBJECT: Public Event Permit - Jingle Bell Jog/Run Request approval of a Public Event Permit for the Jingle Bell Jog 10K/5K Run/Walk race, to be held December 13, 2014, 7:00 a.m. - 1:00 p.m., along US 98 roadway on Okaloosa Island, sponsored by Special Forces Association, Chapter 7. Packet Pg. 65 Packet Pg. 66 Okaloosa County Board ot Ccni n-1isslonBrs 1804 Lewis Turner Btvd Suite 1oo. PWB, H Dear Ms. Cardreon, This year marts tile 36m )'ear lhe Specl<'~I ForC(ls Association, Chaptar 7 has hflld Its anm:.1el Jingle Be Jog 101d5k running race. This year also marks ttle 4"' year ttie evenl is hekl n N"Otthw£H>L ~l orida since our o~ani~fion relacaledl frocn Fayettevllle, N.C. 1111lon9 vJtfl Lhe 7111 Special Forces Groop (Al~bomc). 100 p9rcent or the p.-oc~ds from this event are used by our orgi'lllizaliori to support ltle familres of the rt' Special Forces Group (Airborne), wi•tl parlltular emphasis an orovidfr~ s.upport to 1)1,JI' fallen Soldie1s \llfio m1;.1tfe lhe u llimate sacnfJc:o. This YQar's Q\!ent wllJ Laki9 plac9 on December 13, 2014 from a arn 10 12 am in Okaloosa Island. We woukl rke to apply for 1tie applicable pem'ILts rrom the Okaloosa County 6~m or Q)rnrnissioners ro co11duct our race oo tile roll01Mng roads: Beginning a1 The Boardwalk main entrance, nm (eas~) on US S8 using both aastbou11d Je.nss unbl 1he ~:signGtted !umi:irc;11,md fX!int, whicti is jusl under~ mrle 'l\'eSt ofthe Eglin AFB Booch em:tance. Tl-.e runntlrs wJll lhen lurn .amunl'.i and use !he same toote back to tlhe linish pof.nl, v.itild'l fs localecl Jn The Boari:M•aJk pa king lot. Adr:lltiona y, we . I secur~ the requlrfld p(lnmLts rrom 'the Okaloosa Counly Sheriff'!:. Office and the Aorida Department of Transportation. We vlftl apply for Jia'bilify insuraoce with a $1 ,000 ,000.00 aggregate to co·.. er al'ly' Injuries or propBtty damagos. ourYolun1eers !I.ill ·wear red shirts wi•h white letters across the upper back wilh the word M\/OLUNTEER'', We wiJI also h.a~ a madical team on hand dwing U'ie event. We are honored to ba part of th~ community and Uienk you for your consideration. Chad Retman Specla~ Forres Association, Ohapteir 7 EID # 56-6148492 Sngte Bell Jog Race Director Phone; 665-274-8404 Packet Pg. 67  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Brian T McMahon - President, Northwest Florida Track Club, Inc. SUBJECT: Public Event Permit - NWFL Track Club - The Round the Bay Relay / Ultra Race Request approval: A Public Event Permit for The Round the Bay Relay / Ultra Race, to be held Saturday, December 27, 2014, from 6:00 a.m. - 1:00 p.m. along major Roadways in Okaloosa County The run starts at Fudpucker's on Okaloosa Island and head east to and over the Mid-Bay Bridge, along White Point Rd. Continue along Hwy 20 to SR 85 past the airport into Shalimar along Eglin Parkway through Ft Walton Beach over the Brooks Bridge and back to Fudpucker's on Okaloosa Island. Expect 60-75 teams and 15 single runners to participate. There will be staggered start times over 2 hours, so all 90 runners will never be running together. There are usually only one or two runners together. The runners will always face traffic, running on sidewalks or the shoulder of the road. The Northwest Florida Track Club is not requesting any road closures and participants will follow traffic signals where appropriate., sponsored by the Northwest Florida Track Club. Packet Pg. 68 Packet Pg. 69 Packet Pg. 70 Packet Pg. 71 Packet Pg. 72  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Surety Land Title, LLC SUBJECT: Okaloosa Island Leasehold Conversion Request Documents submitted by Surety Land Title of Florida, LLC for an Okaloosa Island Leasehold Conversion are attached. Packet Pg. 73 Surety Land Title of Florida, LLC 4100 S Ferdon Blvd - B3, Crestview, FL 32536 850-423-4613 office 850-423-0542 fax November 4, 2014 John Hofstad Interim County Administrator Okaloosa County, Florida Re: Leasehold/Fee Simple Conversions Surety Land Title of Florida, LLC hereby presents for the Board’s consideration at the November 4, 2014 meeting of the County Commissioners Resolutions directing Surety Land Title of Florida to prepare Quitclaim Deeds for the accepted bidders of particular properties referenced therein. Once approved, Quitclaim Deeds for the accepted bidders for the particular properties will be sent to the Board Chairman’s office for his signature. Please let us know if you have any questions or need further information. Thank you for your consideration. Billie Jene Martin Processor/Receptionist Surety Land Title 4100 South Ferdon Blvd, Suite B3 Crestview, FL 32536 Packet Pg. 74  OKALOOSA ISLAND LEASEHOLD CONVERSION RESOLUTION NO. _____________ WHEREAS, the person(s) named below is/are the leaseholder(s) of record who has/have submitted the successful highest bid for the County’s Resolution Reversionary Interest in the parcel(s) described therein set immediately below such Bidder’s name(s); Joseph Lee Christopher and Debra E. Beazley N/K/A Debra B. Christopher LOT 7 OF THE VILLAS; COMMENCING AT THE NORTHEAST CORNER OF LOT 7, BLOCK 12, SANTA ROSA ISLAND AS RECORDED IN PLAT BOOK 2, PAGE 84-E, PUBLIC RECORDS OF OKALOOSA COUNTY, FLORDIA; GO THENCE S 48 DEGREES 46 MINUTES 00 SECONDS W, 120.00 FEET; THENCE N 41 DEGREEES 14 MINUTES 00 SECONDS W, 97.81 FEET: THENCE S 48 DEGREES 46 MINUTES 00 SECONDS W, 58.73 FEET; THENCE S 51 DEGREES 22 MINUTES 00 SECONDS E, 50.96 FEET; TO THE POINT OF BEGINNING; THENCE S 41 DEGREES 24 MINUTES 20 SECONDS E, 52.32 FEET THENCE S 01 DEGREES 40 MINUTES 42 SECONDS W, 16.42 FEET; THENCE S 73 DEGREES 26 MINUTES 23 SECONDS WEST, 22.85 FEET; THENCE N 25 DEGREES 49 MINUTES 46 SECONDS W, 10.76 FEET; THENCE N 21 DEGREES 44 MINUTES 31 SECONDS E, 20.40 FEET; THENCE N 63 DEGREES 07 MINUTES 08 SECONDS W, 7.32 FEET; THENCE N 28 DEGREES 59 MINUTES 22 SECONDS E, 31.75 FEET TO THE POINT OF BEGINNING. NOW THEREFORE, the County’s Contractor, Surety Land Title of Florida, LLC. Is directed to prepare a quit claim deed, in previously authorized format, conveying the County’s Reversionary Interest to the successful bidder(s) for the signature of the chairman of the Okaloosa County Board of County Commissioners, and; Surety Land Title of Florida, LLC. Is further directed to complete the closing of the conveyance transaction by quitclaim deed to the successful bidder(s). THIS RESOLUTION was unanimously approved by the Okaloosa County Board of County Commissioners on ________________________, 2014. (OFFICIAL SEAL) OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST:____________________ By: ______________________________ Charles K. Windes, Jr., Chairman Clerk or Deputy Clerk Of Circuit Court Packet Pg. 75  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Teresa Ward, BCC Deputy Clerk SUBJECT: Approval of BCC Meetings Minutes The minutes for the September 15th Budget meeting, September 16th Regular Meeting, and September 30th Special Meeting attached for review. Packet Pg. 76 Packet Pg. 77 Packet Pg. 78 Packet Pg. 79 Packet Pg. 80 Packet Pg. 81 Packet Pg. 82 Packet Pg. 83 Packet Pg. 84 Packet Pg. 85 Packet Pg. 86 Packet Pg. 87 Packet Pg. 88 Packet Pg. 89 Packet Pg. 90 Packet Pg. 91 Packet Pg. 92 Packet Pg. 93 Packet Pg. 94 Packet Pg. 95 Packet Pg. 96 Packet Pg. 97 Packet Pg. 98 Packet Pg. 99 Packet Pg. 100 Packet Pg. 101 Packet Pg. 102 Packet Pg. 103 Packet Pg. 104 Packet Pg. 105 Packet Pg. 106 Packet Pg. 107 Packet Pg. 108 Packet Pg. 109  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: David Skarzynski, Budget Manager SUBJECT: Budget Resolutions & Transfers FY 15 Resolution amending the Fiscal Year 2015 Budget, General Fund, which did not reflect adequate appropriations from Florida Department of Transportation (FDOT) for Section 5311 rural public transportation grant, in the amount of $321,953. Resolution amending the Fiscal Year 2015 Budget, General Fund, which did not reflect adequate appropriations from Eglin Air Force Base for trash removal on federal property, in the amount of $20,000. BT-15-2. E-911 Operations Fund in the amount of $696,773. Fiscal year 2014 encumbrances carried forward. BT-15-3. Tourist Development in the amount of $17,000. Tourist Development Council approved requests at the October 23, 2014 meeting. . Packet Pg. 110  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Transportation (FDOT) for Section 5311 rural public transportation grant, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the General Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Transportation – Mass Transit 701541R-331420 $321,953 EXPENDITURES DEPT-ACCOUNT AMOUNT Contract Services – O.C.T. 701541-534410 $321,953 Adopted this regular session the 4th day of November 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 111  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Eglin Air Force Base for trash removal on federal property, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the General Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Charges for Services 0170R-347910 $20,000 EXPENDITURES DEPT-ACCOUNT AMOUNT Salaries/Wages – Full-time 0170-512010 $13,756 FICA Taxes 0170-521000 $1,530 Retirement Contributions 0170-522000 $1,460 Life & Health 0170-523000 $726 Worker’s Compensation 0170-524000 $1,028 Supplies 0170-552990 $1,500 Adopted this regular session the 4th day of November 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 112 Packet Pg. 113 Packet Pg. 114  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Appointment of Patsy Bland to the Code Enforcement Board DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Section 11.03.00 of the Okaloosa County Land Development Code, Ordinance 91-1, as amended (inserted below) provides for the appointment of representatives to the code enforcement board which assists the County with enforcing the provisions of the Land Development Code and other related regulations to include possible disciplinary actions. Ms. Patsy Bland, a Realtor, has agreed to serve a three (3) year term on the Code Enforcement Board. 11.03.00. Code Enforcement Board. Pursuant to Chapter 162, Florida Statutes, there is hereby created a Code Enforcement Board of Okaloosa County, Florida, which shall consist of seven (7) members appointed by the Board of County Commissioners. All members shall be residents of Okaloosa County and shall serve without compensation. The Board may also designate a special master to perform the functions of the Code Enforcement Board on a case by case basis. A. The membership of the Code Enforcement Board shall be made on the basis of experience or interest in the subject matters of the ordinances to be enforced and shall, whenever possible, include: 1. An architect; 2. A businessman; 3. An engineer; 4. A general contractor; 5. A subcontractor; 6. A Realtor; and 7. A citizen. Each term shall be for a period of three (3) years and members shall continue to serve until the vacancy is filled. A member may be reappointed by the Board of County Commissioners for successive terms. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the appointment of Patsy Bland to the Code Enforcement Board. RECOMMENDED BY: Packet Pg. 115 APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 116  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Kay Godwin SUBJECT: Temporary Staffing Agency Contract - Express Employment DEPARTMENT: Human Resources BCC DISTRICT: ALL STATEMENT OF ISSUE: Request approval to add Express Employment as an approved temporary staffing agency for the use of temporary personnel, and authorize the Chairman to execute the contract. BACKGROUND: Temporary staffing agencies are used primarily to fill temporary vacancies due to turnover and extended absences, and sometimes to augment current staffing during times of heavy workload. Outsourcing staffing allows for quick assistance, and helps to reduce costs compared to regular budgeted positions with benefits. Funding for these services comes from budgeted funds within the user departments. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve adding Express Employment as an approved temporary staffing agency and authorize the Chairman to execute the contract. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 117 Packet Pg. 118 Packet Pg. 119 Packet Pg. 120 Packet Pg. 121 Packet Pg. 122  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Vanderhoek SUBJECT: Second Amendment and Task Order 17 to World Fiber Technologies, Inc. DEPARTMENT: Information Systems BCC DISTRICT: All STATEMENT OF ISSUE: The Board is requested to approve the Second Amendment to World Fiber Technologies, Inc. Contract C10-1838-IS as well as Task Order 17 in the amount of $100,000.00. BACKGROUND: The Board had approved the World Fiber Technologies, Inc. Maintenance Contract for the Okaloosa County Fiber Optic Network on November 17, 2010. The Second Amendment to this Contract will extend the Contract Expiration from November 17, 2014 to March 17, 2015. This contract extension is necessary as there is fiber optic work that is commencing and will not be complete by the time the contract expires. Although the preparation for a new request for proposal was started well in advance of the contract expiration, the process will not be complete before the current contract expiration date of November 17, 2014. The Board is also requested to approve Task Order 17 in the amount of $100,000.00. This task order is for the on-going maintenance of the Fiber Optic Network which will cover necessary maintenance services until a new contract is in place. Both the Second Amendment and Task Order 17 have been through the Purchasing review process. OPTIONS: Approve/Disapprove. RECOMMENDATIONS: Staff recommends the Board authorize the Chairman to execute the Second Amendment to World Fiber Technologies, Inc. Contract C10-1838-IS as well as Task Order 17. RECOMMENDED BY: Packet Pg. 123 APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 124  Rosemarie Yohannan From: Zan Fedorak Sent: Tuesday, October 07, 2014 11 :29 AM To: Rosemarie Yohannan Cc: Joanne Kublik Subject: FW: WF Task Order 17 Attachments: Second Amendment to World Fiber Maintenance.docx below Thanks n From: Greg Stewart Sent: Tuesday, October 07, 2014 11:24 AM To: Zan Fedorak Cc: Joanne Kublik Subject: RE: WF Task Order 17 fine, Jo, I olf on Chf:ico Fasernent and in in the for deliver to you From: Zan Fedorak Sent: Tuesday, October 07,2014 11:15 AM To: Greg Stewart Cc: Joanne Kublik Subject: FW: WF Task Order 17 look at this c1n!f'fldmeot? If simple I wouid run it VOlL Thanks From: Dan Sambenedetto Sent: Friday, October 03, 2014 1:19 PM To: Zan Fedorak; Rosemarie Yohannan; Jack Allen Cc: Joanne Kublik Subject: RE: WF Task Order 17 Zan, Want to follow up on this ... Does your language below mean, you as in Purchasing is doing the amendment? st Please advise, as I would like to have the amendment and task order ready to go for the 21 meeting. To expedite this ... would something like attached be ok? We could put more detail in the agenda request. Basically just extending it 4 months... Please advise. Dan 1 - Packet Pg. 125  SECOND AMENDMENT TO WORLD FillER TECHNOLOGlES, INC. CONTRACT CI0-1838-IS THIS AMENDMENT to the Agreement entered into by and between Okaloosa County, the owner, hereinafter referred to as the Party of the First Part, and World Fiber Technologies, Inc. or its successors, executors, administrators and assigns, hereinafter referred to as the Party of the Second Part, signed November 17,2010, is hereby amended as follows: Extend Contract Expiration from November 17,2014 to March 17,2015 ALL OTHER TERMS OF THE ORIGINAL AGREEMENT SHALL REMAIN THE SAME. IN WITNESS WHEREOF, this Second Amendment to the World Fiber Technologies, Inc. Contract has been executed by the County and World Fiber Technologies, Inc. this _ _ __ _ dayof ,2014. ATTEST: J D PEACOCK II BOARD OF COUNTY COMMISSIONERS CLERK AD INTERIM OKALOOSA COUNTY, FL By: ____________________ By: _________________________ Gary J. Stanford Charles K. Windes, Jr. Deputy Clerk Chairman WORLD FIBER TECHNOLOGlES, INC. BY: ~L~~~(J Packet Pg. 126  Okaloosa County Information Systems Fiber Optic Maintenance Contract Number C 1O-1838-IS Task Order 17 CONTRACT #: C10-1838-IS TASK ORDER #: .lZ TASK ORDER AMOUNT: $100,000.00 OFFERED BY CONSULTANT: World Fiber Technologies , Inc. FIRM'S NAME Mark L. Battle REPRESENTATIVE'S PRINTED NAME N:\9<.'-~~ ~ (& SIGNATURE President/CEO TITLE RECOMMENDED FOR APPROVAL APPROVED BY OKALOOSA COUNTY (Department Director) (Per Purchasing Manual) • $25,000 or less approved by Purchasing Director • Between $25,001 and $50,000 approved by Purchasing Director and County Administrator • In excess of $50,000 approved by the Board. SING DIRECTOR ~ Rcfc-rJc DATE DATE~ CHAIRMAN (if applicable) DATE DATE 10 - 17 - 14P12:20 RCVD - Packet Pg. 127  Okaloosa County Information Systems Fiber Optic Maintenance Contract Number C 10-1838-IS Task Order 17 This Task Order is issued pursuant to the Agreement for Maintenance for Okaloosa County Fiber Optic Network dated November 17 th , 2010, Between Okaloosa County, Florida and World Fiber Technologies, Inc., which is incorporated herein by this reference, with respect to Scope of Basic Services for Okaloosa County Information Systems Fiber Optic Maintenance PURPOSE The purpose of this Task Order is to authorize and direct the CONTRACTOR (World Fiber Technologies, Inc.) to proceed with necessary installation, testing or maintenance services for the Okaloosa County Information Systems Department (OWNER). The activ,ilties that are included are described in "Scope of Services." SCOPE OF SERVICES The CONTRACTOR (World Fiber Technologies, Inc.) agrees to perform the technicol and construction related services in accordance with contract C 10­ 1838-IS doted November pth, 2010 as requested and directed by the OWNER. 1. Emergency Response Level I, II, or III as necessary to react quickly to scheduled or unschedu'l ed fiber optic outages. 2. Furnishing and installing 2" conduit, pull boxes, splice enclosures, fiber optic coble, terminations, splices and troubleshooting and any other related materials, equipment or labor to properly maintain or extend the county fiber optic network on an os-needed basis. 2 Packet Pg. 128  Okaloosa County Information Systems Fiber Optic Maintenance Contract Number C 10- 1838-IS Task Order 17 COMPENSATION PROVISIONS As compensation for providing the services under this Task Order, the OWNER shall pay the CONTRACTOR in accordance with the November 17th, 2010 agreement for the actual work completed and accepted by the OWNER. Invoicing must sh ow specific quantities and grouped by each assigned task with sufficient detail to fully report results, conclusions, and recommendations as required. Each invoi~ce will also show tota l to date of all invoices under this task order. The Not to Exceed (NTE) amount for this tosk order is: __$100,000.00_ __ PERIOD OF SERVICE The schedule for the services provided under this task order shall be in accordance with the November 17, 2010 Agreement and will remain in effect until the NTE amount is reached or otherwise terminated by the OWNER. AUTHORIZED REPRESENTATIVES The Authorized Representatives designated below are authorized to act with respect to this Task Order. Communications between the parties shall be through the Authorized Representatives: For OWNER: For CONTRACTOR : Dan Sambenedetto Jerry Neely dsam benedetto@co.okaloosa.fl.us jneely@worldfiber.com 1804 Lewis Turner Blvd Suite 402 5665 Shirlee Industrial Way FWB, F'L 32547 Alpharetta, GA 30004 850-651-7570,850-200-5346 770-619-0118 Mark L. Battle, President/CEO REPRESENTATIVE'S PRINTED NAME ~(1~ tk#(~ SIGNATURE 3 Packet Pg. 129  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Sheriff Larry Ashley SUBJECT: Sheriff - Equitable Sharing Agreement The Okaloosa County Sheriff's Office requests approval of and authorization for the Chairman to sign the Equitable Sharing Agreement for the Sheriff's Office. Packet Pg. 130 Packet Pg. 131 Packet Pg. 132 Packet Pg. 133 Packet Pg. 134 Packet Pg. 135 Packet Pg. 136 Packet Pg. 137 Packet Pg. 138 Packet Pg. 139 Packet Pg. 140 Packet Pg. 141 Packet Pg. 142 Packet Pg. 143 Packet Pg. 144 Packet Pg. 145 Packet Pg. 146 Packet Pg. 147 Packet Pg. 148 Packet Pg. 149 Packet Pg. 150 Packet Pg. 151 Packet Pg. 152 Packet Pg. 153 Packet Pg. 154 Packet Pg. 155 Packet Pg. 156 Packet Pg. 157 Packet Pg. 158 Packet Pg. 159 Packet Pg. 160 Packet Pg. 161 Packet Pg. 162 Packet Pg. 163 Packet Pg. 164 Packet Pg. 165 Packet Pg. 166 Packet Pg. 167 Packet Pg. 168 Packet Pg. 169 Packet Pg. 170 Packet Pg. 171 Packet Pg. 172 Packet Pg. 173 Packet Pg. 174 Packet Pg. 175 Packet Pg. 176 Packet Pg. 177 Packet Pg. 178 Packet Pg. 179 Packet Pg. 180 Packet Pg. 181 Packet Pg. 182 Packet Pg. 183 Packet Pg. 184 Packet Pg. 185 Packet Pg. 186 Packet Pg. 187 Packet Pg. 188 Packet Pg. 189 Packet Pg. 190 Packet Pg. 191 Packet Pg. 192 Packet Pg. 193 Packet Pg. 194 Packet Pg. 195 Packet Pg. 196 Packet Pg. 197  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Sean T. Lynch, Sheriff's Office SUBJECT: Request Approval of LETF Disbursement The Sheriff is requesting the Board approve Law Enforcement Trust Fund disbursement for the Dr. Martin Luther King, Jr. Celebration Committee in the amount of $1,000.00. Packet Pg. 198 Packet Pg. 199 Packet Pg. 200 Packet Pg. 201 Packet Pg. 202 Packet Pg. 203 Packet Pg. 204 Packet Pg. 205 Packet Pg. 206 Packet Pg. 207 Packet Pg. 208 Packet Pg. 209 Packet Pg. 210 Packet Pg. 211  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Approval of Final Payment to Executive Cleaning, Inc. DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Seeking Approval of Final Payment to Executive Cleaning, Inc. and to Close Out Contract C12-2000-HD. BACKGROUND & ANALYSIS: In December 2012, Okaloosa County entered into a contract with Executive Cleaning for custodial services for Health Department facilities. The initial contract was for $63,752.26 for a 21 month period. This final payment of $2,897.83 will conclude the contract. Based on a review by staff it was determined the Health Department buildings are owned by Okaloosa County and it was agreed that future custodial services will be done by Facility Maintenance. OPTIONS: Approve/Deny final payment of $2,897.83 to Executive Cleaning, Inc. and close out of contract C12-2000-HD. RECOMMENDATION: Staff recommends approval of final payment of $2,897.83 to Executive Cleaning, Inc. and close out of contract C12-2000-HD. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 212 Packet Pg. 213 Packet Pg. 214 Packet Pg. 215 Packet Pg. 216 Packet Pg. 217 Packet Pg. 218 Packet Pg. 219  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Approval of Southern Linc Contract Amendment (C07-15 DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Requesting approval and authorization for the Chairman to sign a Southern Link Contract Amendment (C07-1549-PUR). BACKGROUND & ANALYSIS: Staff requests approval of amendment #4 from Southern Linc. This amendment will add Nationwide 3-G rates to the existing contract. OPTIONS: Approve/Deny Southern Linc contract amendment to add Nationwide 3-G rates. RECOMMENDATION: Staff recommends approval of Southern Linc contract amendment to add Nationwide 3-G rates. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 220 Packet Pg. 221 Packet Pg. 222  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Approval of Contract with Technology Integration Group DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: [PUR] Seeking Board approval to enter into a contract with TIG for Software License Renewal and Maintenance and authorization for Chairman to sign the agreement. BACKGROUND & ANALYSIS: Purchasing staff has been working on the attached contract with TIG for software licensing and maintenance renewals. The request for payment was entered timely as a requisition. Purchasing, in cooperation with the Finance Department, is making an effort to convert all software renewals to contracts for more efficient payment and tracking capability. The cumulative value of the contract will exceed $50,000 which requires Board approval and the Chairman’s signature. The contract will allow TIG to provide software assurance and support services as well as license renewal services for all departments governed by the Board as well as Constitutional Offices within the county. The term will be retroactive to October 1, 2014 and remain in effect for three (3) years with the option of two (2) one year renewals. OPTIONS: Approve/Deny authorizing the Chairman to sign the contract with TIG for software renewal and maintenance. RECOMMENDATION: Staff recommends approval of the Chairman to sign the contract with TIG for software renewal and maintenance. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 223 Packet Pg. 224 Packet Pg. 225 Packet Pg. 226 Packet Pg. 227 Packet Pg. 228 Packet Pg. 229 Packet Pg. 230 Packet Pg. 231 Packet Pg. 232 Packet Pg. 233 Packet Pg. 234 Packet Pg. 235 Packet Pg. 236 Packet Pg. 237 Packet Pg. 238 Packet Pg. 239 Packet Pg. 240 Packet Pg. 241 Packet Pg. 242 Packet Pg. 243 Packet Pg. 244 Packet Pg. 245 Packet Pg. 246 Packet Pg. 247 Packet Pg. 248 Packet Pg. 249  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Board Approval of A Direct Pay to Cartegraph DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Seeking Board approval of a Direct Pay to Cartegraph. BACKGROUND & ANALYSIS: Cartegraph licensing renewal is associated with existing software which is proprietary to Public Works. This software is used for the Public Works work order system which is essential for their operations. The payment request for this renewal/support was entered timely as a requisition by Public Works staff. Purchasing, in cooperation with the Finance Department, is making an effort to convert all software renewals/support to contracts for more efficient payment and tracking capability. Purchasing staff has been successful with creating a contract with Cartegraph and a contract payment is in progress. Cartegraph representatives have stated they will no longer support the software and the licenses will be deactivated if payment has not been rendered by November 15, 2014. If there is an unforeseen delay in processing the contract payment, staff requests Board authorization to issue a direct payment of $17,235 to Cartegraph for the software license renewals/support. OPTIONS: Approve/Deny a direct payment to Cartegraph if necessary to render payment prior to November 15, 2014. RECOMMENDATION: Staff recommends approval of a direct payment to Cartegraph if necessary to render payment prior to November 15, 2014. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 250 Packet Pg. 251 Packet Pg. 252  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Approval to Award Bid for Access Control System Replacement DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Seeking approval to award and authorize Chairman to sign contract for Security 101, LLC. BACKGROUND & ANALYSIS: The Airports requested a bid to solicit the replacement of the Access Control System (ACS) at the Northwest Florida Regional Airport (NWFRA). Bids were received on October 1, 2014 with Security 101, LLC being the lowest responsive/responsible bidder at $104,009.07. The bid includes assumptions due to the sensitivity of the security system. The overall bid is subject to additional scope which was determined at the walk through to verify all security infrastructure. The additional cost will be $12,841.67. Each bid would have been subject to this additional work. The total cost of the project will be $116,850.74. Staff requests the Board approve the award to Security 101, LLC and authorize the Chairman to sign the contract. The project will replace the system due to the age of the system, inadequate technology integration, and continued system failures. The replacement will include software, biometric readers, badge printer, control panels, and other access control hardware. The ACS replacement is funded as follows: 50% Florida Department of Transportation (FDOT)/ 50% Local. The project is scheduled to take approximately three (3) to five (5) weeks. OPTIONS: Approve/Deny award and authorize Chairman to sign contract for Security 101, LLC. RECOMMENDATION: Staff recommends award and authorize Chairman to sign contract for Security 101, LLC. RECOMMENDED BY: APPROVED BY: Packet Pg. 253 John Hofstad, Interim County Administrator Packet Pg. 254  BID SHEET BID #: 75-14 Access Control System Replacement Due Date: October 1, 2014 3:00 p.m. VENDOR TOTAL PRICE Siemens $126,500.00 Security 101 $104,009.07 Scuradyne $141,098.06 Prepared by: Jack Allen Date: October 1, 2014 Packet Pg. 255 Packet Pg. 256 Packet Pg. 257  Attachment A Northwest Florida Regional Airport Project Location Northwest Florida Regional Airport 1701 State Road 85N Eglin, FL 32542 NWFA Change Order Proposal No: 37072.0 October 23, 2014 Prepared For Tracy Stage 1967 Government Street, Suite D-E Mobile, AL 36606-1617 The data contained in all pages of this proposal has been submitted in confidence and contains trade secrets and/or privileged or confidential commercial or financial information. Such data shall be used or disclosed only for evaluation purposes, provided that if a contract is awarded to this proposer as a result of or in connection with the submission of this proposal, the Customer shall have the right to use or disclose the data herein to the extent provided in the contract. This restriction does not limit the customer's right to use or disclose data obtained without restriction from any source, including the proposer. Packet Pg. 258  Attachment A 1967 Government Street, Suite D-E Mobile, AL 36606-1617 Phone: 251-471-4323 Fax: 251-471-9711 Web site: www.security101-mobile.com October 23, 2014 Tracy Stage Northwest Florida Regional Airport 1701 State Road 85N Eglin, FL 32542 Re: Access Control Proposal Dear Tracy Stage: This is a request for an additive change order. During the RFP process the owner supplied information that led the bidders to believe that the current system operated off of two IC controller and all field devices were daisy chained to these ICs, after the post-bid inspection we have found that the current system consists of four total IC controllers that are in a network configuration. In order to provide a successful conversion to Genetec hardware and labor to install must be added, totaling $6,517.98. Also omitted from the RFP was a recent system change that added "ACU 9" with six readers attached. Hardware, software and labor to incorporate this recent addition into the conversion will increase the project by $6,323.70. We understand that in order to expedite this process the owner wishes to provide POs in lieu of a formal contract. Security101 will accept the base bid amount in the form of a PO to start work, however, the County will need to supply separate POs to incorporate the changes shown above. Kristen Lough Sr. Account Executive klough@security101.com Phone: 251-635-2529 Packet Pg. 259  Attachment A Scope of Work Proposal 37072.0 NWFA Change Order Access Control Panel Locations Panel Location #1: Existing Panel Location Additon Control Panel (2) Synergis Master Controller Kit. Synergis Master Controller with 1GB of RAM, 16GB Compact Flash, image installed with OS, SQL, and Synergis access control firmware, four-port RS-485 module and USB-to-RS485 cable. (Genetec part number SY-SMC1RAM16CF-KIT) Cabinet / (4) Lenel UL listed hardware enclosure (12x 16 x 4.5) only with lock and tamper switch support up to Enclosure two Lenel access hardware modules (UL Approved) (Lenel Systems International part number LNL-CTX) Reader Board (4) VertX V100 Reader Interface. Software reader connections (qty 2) are included (with plastic Type #1 enclosure back plate & cover; no power supply, metal enclosure not included) (Genetec part number Sy-70100AEP0N) Other (8) Additional Part: SMA for 1 Synergis Enterprise Reader – 2 years Panel Location #2: New ACU #9 location Control Panel (1) Synergis Master Controller Kit. Synergis Master Controller with 1GB of RAM, 16GB Compact Flash, image installed with OS, SQL, and Synergis access control firmware, four-port RS-485 module and USB-to-RS485 cable. (Genetec part number SY-SMC1RAM16CF-KIT) Reader Board (3) VertX V100 Reader Interface. Software reader connections (qty 2) are included (with plastic Type #1 enclosure back plate & cover; no power supply, metal enclosure not included) (Genetec part number Sy-70100AEP0N) Other (1) Expenses: travel and per diem provided by Security 101 Other (1) Additional Part: bioCLASS RKLB57 Read Only Contactless Smart Card Reader/Enroller, Wiegand Output, US / EU / Asian Back Box Size, with LCD/Keypad/Fingerprint Biometric (requires HID iCLASS 16k bit smart card for biometric template storage), With Keypad configuration setti Other (6) Additional Part: SMA for 1 Synergis Enterprise Reader – 2 years Page Packet Pg.1260  Attachment A Equipment List Proposal 37072.0 NWFA Change Order Qty Description Unit Price Total 1 bioCLASS RKLB57 Read Only Contactless Smart Card Reader/Enroller, Wiegand Output, 813.51 813.51 US / EU / Asian Back Box Size, with LCD/Keypad/Fingerprint Biometric (requires HID iCLASS 16k bit smart card for biometric template storage), With Keypad configuration setti (Genetec 6180) 4 Lenel UL listed hardware enclosure (12x 16 x 4.5) only with lock and tamper switch support 88.73 354.92 up to two Lenel access hardware modules (UL Approved) (Lenel Systems International LNL-CTX) 14 SMA for 1 Synergis Enterprise Reader – 2 years (Genetec SMA-RDR-E-2Y) 56.28 787.92 3 Synergis Master Controller Kit. Synergis 941.85 2,825.55 Master Controller with 1GB of RAM, 16GB Compact Flash, image installed with OS, SQL, and Synergis access control firmware, four-port RS-485 module and USB-to-RS485 cable. (Genetec SY-SMC1RAM16CF-KIT) 7 VertX V100 Reader Interface. Software reader connections (qty 2) are included (with 395.58 2,769.06 plastic enclosure back plate & cover; no power supply, metal enclosure not included) (Genetec Sy-70100AEP0N) Total: 7,550.96 Page Packet Pg.2261  Attachment A Financial Summary Proposal 37072.0 NWFA Change Order BILLING ADDRESS PROJECT LOCATION Northwest Florida Regional Airport Northwest Florida Regional Airport 1701 State Road 85N 1701 State Road 85N Eglin, FL 32542 Eglin, FL 32542 Panel Location #1: Existing Panel Location Additon Description Net Price Installation Labor 1,693.86 Equipment 4,271.13 Warranty 470.85 Shipping 82.14 Total Investment 6,517.98 Panel Location #2: New ACU #9 location Description Net Price Installation Labor 2,374.14 Equipment 3,279.75 Warranty 356.73 Shipping 63.08 Expenses 250.00 Total Investment 6,323.70 Grand Totals: Description Net Price Installation Labor 4,068.00 Equipment 7,550.87 Warranty 827.58 Shipping 145.22 Expenses 250.00 Total Investment 12,841.67 Page Packet Pg.3262  Attachment A Terms and Conditions Proposal 37072.0 NWFA Change Order Limited Warranty; Exclusions and Disclaimers 1. To the extent not otherwise warranted pursuant to an applicable manufacturer’s warranty, Security 101 warrants all Equipment and installation labor rendered as part of the Work against defects in materials fro a period of sixty (60) months and labor for a period of twelve (12) months (the 'Warranty Period') from the date of substantial completion of the installation; provided, however, no warranty is made as to, and there is specifically excluded from the warranty, any and all expendable supplies, equipment and parts, or any portions of the Work which have been misused, abused, not used in the manner intended, neglected, or damaged by an act of God or altered, modified, or manipulated in any manner by Customer or a third party. Any defect in the installation during the Warranty Period will be repaired or replaced at the option of Security 101 Any shipping charges in connection with a repair or replacement shall be the responsibility of Customer. The repair or replacement shall constitute Customer's sole remedy against Security 101 2. Security 101 MAKES NO OTHER OR FURTHER WARRANTY WITH RESPECT TO INSTALLATION LABOR, MATERIALS AND EQUIPMENT OR ANY OTHER PORTION OF THE WORK OTHER THAN THE FOREGOING WARRANTY AND SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Security 101 BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER CAUSE AS A RESULT OF A DEFECT IN LABOR, EQUIPMENT OR OTHER SUPPLIES OR MATERIALS WITH RESPECT TO ANY ITEM FURNISHED UNDER THE AGREEMENT, MALFUNCTION OR NON FUNCTION OF ANY SYSTEM, WRONGFUL PERFORMANCE OF OR FAILURE TO PERFORM ANY ACTS INCLUDED IN THE WORK, TRANSPORTATION DELAYS OR BREACH OF WARRANTY. 3. Customer acknowledges that no warranty, representation, or statement by any representative of Security 101 not stated herein shall be binding. This writing, and the document or documents attached hereto or of which this writing is a part, if any, constitutes the final expression of the parties’ agreement and is a complete and exclusive statement of the terms of the Agreement. Limitation of Liability. 4. The parties understand and agree that: (a) the Work is intended to constitute or be part of a security system designed to reduce risk of loss for the Customer; (b) Customer has selected, accepted and approved the Scope of Work after considering and balancing the levels of protection afforded by various types of systems and services available to it and the related costs of them; (c) neither Security 101 nor any person engaged by Security 101 to perform any portion of the Work shall be construed to be an insurer of the person or property of Customer, its employees, agents, contractors, assigns, customers, invitees or any other person at the location(s) where the work is performed (the “Location(s)”; (d) the Price and Payment Terms are based solely on the cost and value of Security 101 providing the Work and are unrelated to the value of property of Customer or others located at the Location(s); (e) the Price and Payment Terms do not contemplate any payment being made or consideration being given to Security 101 for any guarantee, warranty or insuring agreement by any one or more of them to Customer with respect to the person or property of anyone; (f) Security 101 MAKES NO GUARANTEE OR WARRANTY OF ANY KIND THAT THE WORK (INCLUDING ANY MATERIALS AND EQUIPMENT SUPPLIED AS PART OF THE WORK) WILL AVERT OR PREVENT OCCURRENCES OR CONSEQUENCES THEREFROM WHICH THE WORK IS DESIGNED TO DETECT OR AVERT. 5. Notwithstanding the foregoing provisions of this Section or for whatever reason, Security 101 should be found liable for personal injury or property loss or damage caused by a failure to perform by Security 101 or the failure of any materials or equipment in any respect whatsoever or a court of proper jurisdiction determines the limitations on warranties are inapplicable, Customer agrees that the aggregate liability of Security 101 under or with respect to the Agreement, the Work to be performed under, and any warranty provided pursuant to, the Agreement, shall be limited to a sum equal to the lesser of (i) one-tenth (1/10) of the total Price to be paid by Customer under the Agreement, (ii) if the Price is to be paid in monthly payments or installments (other than progress payments), an amount equal to six (6) monthly payments, or (iii) Five Hundred Dollars ($500.00), and this liability shall be exclusive, and that the provisions of this subsection shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or nonperformance of the Work, from breach of warranty, or from negligence, active or otherwise of Security 101 Indemnification. 6. When Customer ordinarily has the property of others in its custody, or the Work extends to the protection of the person or property of others, Customer shall indemnify, save, defend and hold harmless Security 101from and against all claims brought by parties other than the parties to the Agreement. This provision shall apply to all claims regardless of cause, including the performance or failure to perform by Security 101, and including without limitation, defects in products or system design, installation, repair service, monitoring, operation or non-operation of materials or equipment, whether based upon negligence, active or passive, express or implied contract or warranty, contribution or indemnification or strict or product liability; provided, however, Customer shall have no duty to indemnify in the case of gross negligence or willful misconduct by Security 101, its employees, agents or assigns. Customer agrees to indemnify Security 101 against, and to defend and hold Security 101 harmless from any action for subrogation which may be brought against Security 101 by any insurer or insurance company or its agents or assigns including the payment of all damages, expenses, costs and reasonable attorney's fees. Design Development, Programming, Drawings, Ownership, and Software Licence(s) 7. Design Development. Customer and Security 101 have together developed or will develop the design and specifications for the Work. When Customer has accepted or approved the design and specifications, the sole and final responsibility for the design and specifications shall be Customer's. Security 101 shall have no liability to Customer for any loss or damage claimed against or incurred by Customer or any employee, agent or licensee of Customer because of any defect or alleged defect in the design or specifications or the failure of the equipment or the Work to perform as desired or anticipated by Customer. 8. Programming. Security system programming is an essential element of the systems operation and performance. Customer acknowledges and agrees that security system programming is an ever-changing process, and in significant part subject to Customer’s day-to-day and other business operations and parameters and the changes or modifications to them. To the extent required by the design and specifications of the Work, Security 101 shall: (i) Load a configuration program that will allow Customer’s security system to perform basic access control operation, door timers, lock timers, and basic alarm functions; and (ii) Provide a total number of hours of personnel training regarding Customer’s security system as specified in the Agreement; if a number of hours is not specified, the total number of hours of training shall not exceed two (2) hours. Personnel training may Page Packet Pg.4263  Attachment A Terms and Conditions (cont) Proposal 37072.0 NWFA Change Order include training of operators, administrators, or other personnel designated by Customer. Training subjects shall be dictated by Work specifications but may include password configuration, door identification, timers, alarms and reports. Additional training, programming or related consulting services provided by Security 101 at Customer’s request shall be provided at an above contract cost. 9. Drawings. (i) To the extent required by the design and specifications of the Work, Security 101 shall provide reasonable descriptions of the functional operation of the system(s) being provided by the Work by furnishing riser diagram drawings. (ii) Security 101 may provide, at Customer’s request and at an above contract cost, detail drawings utilizing industry standard electronic floor plans. 10. Ownership. Prior to completion of the Work, any drawings, specifications and equipment lists developed in connection with the design for the Work shall remain the property of Security 101 whether the Work for which they were made is executed or not. Drawings, specifications and equipment lists shall be returned to Security 101 on demand at any time prior to substantial completion of the Work. Prior to substantial completion of the Work, any drawings, specifications and equipment lists: (a) shall be considered confidential information and trade secrets of Security 101 unless they constitute information which is exempted or excluded by law from confidential and trade secret status; (b) shall not be used by Customer on other projects or extensions of a project included within the Work, or to obtain other bids, except by agreement in writing and with appropriate compensation to Security 101 ; and (c) are not to be reproduced in whole or in part without prior written consent of Security 101. Upon substantial completion of the Work and final payment in full by Customer, ownership of drawings, specifications and equipment lists shall become Customer's. 11. Software License(s). Software required to operate systems are governed by the License Agreement provided by the system manufacturer(s). Access Control 12. All Door(s) and associated door hardware are not included, unless specifically identified in the scope of work and/or equipment list. 13. Coring of new or existing doors required for electrified locking hardware is not included, unless specifically identified in the scope of work. 14. Modification of any new or existing fire doors is not included. Additional charges may apply if SECURITY 101 is requested to perform such work. 15. Proper door alignment and mechanical operation is the responsibility of others. 16. Programming and configuration of your microprocessor and/or CPU is included, excluding loading the database. It shall be the responsibility of the Customer to load the data base which involves defining access levels, time zones, personnel data, programming maps, defining alarm messages and instructions, along with the input of any user defined data. Individual cardholder input and definition is also excluded. 17. Access control cards are not included, unless specifically identified in the scope of work and/or equipment list. 18. Access control system computer UPS is not included unless specifically identified in the scope of work and/or equipment list. 19. FIRE ALARM RELEASE - It the responisbility of the customer and the fire alarm service provider for this site. Any permits required in accordance with the fire alarm system or release shall be obtained by the fire alarm service provider. Additional Terms and Conditions Installation 20. All required installation documents are included. 21. Installation of all required equipment and materials with on-site supervision of project is included. 22. Labor quoted assumes normal eight (8) hour working days, excluding weekends, holidays and overtime. 23. Idle time incurred by Security 101 employees and their subcontractors due to escorts, clearances, inability to enter workspace, and other factors beyond our control, will be invoiced at our current labor rates. 24. This proposal includes travel to and from the site to perform our stated scope of work. Additional or duplicate site visits required due to factors beyond our control, will be invoiced at our current labor rates. 25. Client to coordinate with local Security 101 staff to provide safe and timely right-of-passage in the work area during cable run and system installation. 26. Client to provide and coordinate 110 VAC electrical service where needed. 27. All LAN/WAN connections, addressing and network functionality are the responsibility of the Client. 28. Any telephone lines or LAN/WAN connections must be installed and operational prior to Security 101 commencing work. The local Security 101 representative will verify the availability and functionality of all connections prior to starting work. Changes in Scope of Work 29. Any changes in the understood scope of work will be communicated and approved in writing (by an authorized Client representative), prior to commencing work. Page Packet Pg.5264  Attachment A Terms and Conditions (cont) Proposal 37072.0 NWFA Change Order Permits/Bonding/Sealed Engineered Drawings 30. Permits, bonds, and other requirements by any government agency are not included. Miscellaneous 31. The bold headings and numbered paragraphs are for convenience only, have no legal significance, and shall not be deemed to alter or effect any provision of this Agreement. 32. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. 33. Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. 34. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable. Page Packet Pg.6265  Attachment A Acceptance Proposal 37072.0 NWFA Change Order For the amount of 12,841.67 (tax not included) This proposal dated October 23, 2014 is valid until December 23, 2014 The person or persons below represent that they are authorized to sign and execute this binding agreement. This acceptance indicates understanding of the complete proposal, including clarifications, design, programming, drawings, ownership and software licenses and the Warranty Service Plan, if included as a part of this proposal. This system proposal is intended to provide the customer partial protection of the designated premises. Its design should be understood to represent a compromise between the costs, understood scope of work and customer feedback. Accordingly, such a system may not provide ample protection from all possible threats, and Security 101 shall not be responsible in such an event. Payment Terms 50% upon Deposit 50% upon Job Complete Under no circumstances may the customer make payments directly to any subcontractor, material supplier, laborer or any other person performing work or furnishing material under the Agreement without the prior written consent of Security 101. Security 101 may assign this Agreement to any other person, firm or corporation without notice to or approval by the customer and may subcontract any activities which may be performed under this Agreement, either voluntarily or by operation of law, without the consent of the customer. Northwest Florida Regional Airport Security 101 - Mobile Authorized Customer Signature (date) Authorized Security 101 Signature (date) Printed Name Printed Name Title Title Purchase Order Number Page Packet Pg.7266 Packet Pg. 267 Packet Pg. 268 Packet Pg. 269 Packet Pg. 270 Packet Pg. 271 Packet Pg. 272 Packet Pg. 273 Packet Pg. 274 Packet Pg. 275 Packet Pg. 276 Packet Pg. 277 Packet Pg. 278 Packet Pg. 279 Packet Pg. 280 Packet Pg. 281 Packet Pg. 282 Packet Pg. 283 Packet Pg. 284 Packet Pg. 285 Packet Pg. 286 Packet Pg. 287 Packet Pg. 288 Packet Pg. 289 Bid document can be viewed at: http://www.co.okaloosa.fl.us/doc/dept/purchasing/bid_75-14.pdf or \\PURSV2\PurchFileTransfer\AccessControlSystemBidDocument Packet Pg. 290  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: Request to advertise RFB for Jail Parking Lot Repair DEPARTMENT: Public Works BCC DISTRICT: One STATEMENT OF ISSUE: Bid documents for this project are currently being routed through the internal review process. Public Works is prepared to administer the construction and inspections phase of the project. Therefore, approval from the Board of County Commissioners is being requested to begin the advertisement process. BACKGROUND AND ANALYSIS: In April 2014, a major overnight storm event caused significant damage to much of Okaloosa County’s roadway and drainage infrastructure. One of the sites most heavily damaged was the parking area of the Okaloosa County Department of Corrections Facility. The County tasked Avcon, Inc. to perform the survey and design documents needed for repairs for this site. Construction plans have been completed and the bid documents and specifications are currently being reviewed. The cost of these repairs will be 75% funded by direct reimbursement through FEMA’s declared “State of Emergency” for this storm event. Other funding will include a 12.5% direct reimbursement from the State of Florida leaving the County responsible for the remaining 12.5% of the total construction cost. The construction estimate for this project submitted by Avcon, Inc. is stated as $148,518.00. The 12.5% County portion of the total project cost is approximately $18,565.00. OPTIONS: Approve/Disapprove authorization to advertise the RFB for the Department of Corrections Parking Lot Repair. RECOMMENDATION: Approve authorization to advertise the RFB for the Department of Corrections Parking Lot Repair. RECOMMENDED BY: Packet Pg. 291 APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 292  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Destin Seafood Festival, 2013 Event Funding DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: The Destin Seafood Festival was approved for various marketing activities outside the local area under the TDD’s special events and sponsorships funding program for the October 2013 event. Reimbursement was requested in September 2014, but could not be processed for two reasons. BACKGROUND: First, according to Section F.300 (4) of the TDD Manual, “The Okaloosa County tourist development logo and appropriate web links must appear prominently in Event marketing materials (written and/or electronic) supported by the Special Event and Sponsorship funding”. The radio ads mention “Emerald Coast Visitors Center” and the Emerald Coast logo is displayed commensurate with the event’s other supporters in print and online. The Finance office has denied payment in the amount of $9,285.50 for the Seafood Festival’s radio, television, and print inserts and related design work and website updates on the basis that the Emerald Coast logo is not prominently displayed. Logo prominence has not been previously questioned for any special event. Second, pursuant to Section F.300 (6) of the TDD Manual, special event and sponsorship funding is awarded on a value-based or results-based approach: “up to $10 per historically documented or anticipated room night.” However, Section F.400 (4) of the TDD Manual notes reimbursement is on a cost-based or efforts-based approach: “Invoices for pre-event marketing/attendance stimulation initiatives.” There is definitive marketing value in website exposure and the County has historically paid third-party vendors on a per-impression basis as part of the strategic marketing plan. A rate of $0.20 per impression has been consistently used to compensate special events for promoting the Emerald Coast in their online marketing (e.g. Emerald Coast Golf Tour, Emerald Coast Sports Camps, Emerald Coast Volleyball). Although the County has historically reimbursed special events for website impressions, the Finance office has denied payment in the amount of $9,609.80 for the Seafood Festival’s website impressions. The Tourist Development Council reviewed this reimbursement request and voted to recommend approval at its October 23, 2014 meeting. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve payment in the amount of $18,895.30 for radio, television, and print advertisements and related design work and website updates, as well as website impressions, for the 2013 Destin Seafood Festival. Packet Pg. 293 RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 294 Packet Pg. 295 Packet Pg. 296 Packet Pg. 297 Packet Pg. 298 Packet Pg. 299 Packet Pg. 300 Packet Pg. 301 Packet Pg. 302 Packet Pg. 303 Packet Pg. 304 Packet Pg. 305 Packet Pg. 306 Packet Pg. 307 Packet Pg. 308 Packet Pg. 309 Packet Pg. 310 Packet Pg. 311 Packet Pg. 312 Packet Pg. 313 Packet Pg. 314 Packet Pg. 315 Packet Pg. 316 Packet Pg. 317 Packet Pg. 318 Packet Pg. 319 Packet Pg. 320 Packet Pg. 321 Packet Pg. 322 Packet Pg. 323 Packet Pg. 324 Packet Pg. 325 Packet Pg. 326 Packet Pg. 327 Packet Pg. 328 Packet Pg. 329 Packet Pg. 330 Packet Pg. 331 Packet Pg. 332 Packet Pg. 333 Packet Pg. 334 Packet Pg. 335 Packet Pg. 336 Packet Pg. 337 Packet Pg. 338 Packet Pg. 339 Packet Pg. 340 Packet Pg. 341 Packet Pg. 342 Packet Pg. 343 Packet Pg. 344 Packet Pg. 345 Packet Pg. 346 Packet Pg. 347 Packet Pg. 348 Packet Pg. 349 Packet Pg. 350 Packet Pg. 351 Packet Pg. 352 Packet Pg. 353 Packet Pg. 354 Packet Pg. 355 Packet Pg. 356 Packet Pg. 357 Packet Pg. 358 Packet Pg. 359 Packet Pg. 360 Packet Pg. 361 Packet Pg. 362 Packet Pg. 363 Packet Pg. 364 Packet Pg. 365  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: HOG Rally, 2014 Event Funding DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: TDD staff accepted the Florida State HOG Rally’s application for various marketing activities outside the local area under the TDD’s special events and sponsorships funding program for the October 2014 event. BACKGROUND: Section F.300 (8) of the TDD Manual states: “The Post-Event Report shall be submitted to the Tourist Development Department Director no later than thirty (30) days after the date of the Event(s). Failure to submit the Post-Event Report shall deem the funding recipient ineligible for future Special Event and Sponsorship funding.” The October 2013 HOG Rally took place October 21-26, 2013. The Post-Event Report was received on February 7, 2014, several months beyond the 30-day deadline. Pursuant to the TDD Manual, staff is unable to approve the October 2014 funding request since the Post-Event Report for the October 2013 event was not submitted within the requisite timeframe. The Tourist Development Council voted to recommend approval of reimbursement for the 2014 event at its October 23, 2014 meeting. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve payment in the amount of $8,216.09 for direct mail post cards, posters, flyers, registration forms, and postage as well as Thunder Roads and Rebel Rider magazine advertisements for the 2014 HOG Rally. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 366 Packet Pg. 367 Packet Pg. 368 Packet Pg. 369 Packet Pg. 370 Packet Pg. 371 Packet Pg. 372 Packet Pg. 373 Packet Pg. 374 Packet Pg. 375 Packet Pg. 376 Packet Pg. 377 Packet Pg. 378 Packet Pg. 379 Packet Pg. 380 Packet Pg. 381 Packet Pg. 382 Packet Pg. 383 Packet Pg. 384 Packet Pg. 385 Packet Pg. 386 Packet Pg. 387 Packet Pg. 388 Packet Pg. 389 Packet Pg. 390 Packet Pg. 391 Packet Pg. 392 Packet Pg. 393 Packet Pg. 394 Packet Pg. 395 Packet Pg. 396 Packet Pg. 397 Packet Pg. 398 Packet Pg. 399 Packet Pg. 400 Packet Pg. 401 Packet Pg. 402 Packet Pg. 403 Packet Pg. 404 Packet Pg. 405 Packet Pg. 406 Packet Pg. 407 Packet Pg. 408 Packet Pg. 409  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Emerald Coast Volleyball, 2014 Event Funding DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: TDD staff approved the Emerald Coast Fall Volleyball Classic for various marketing activities outside the local area under the TDD’s special events and sponsorships funding program for the October 2014 event. However, payment cannot be rendered because the purchase order was not certified. BACKGROUND: The event dates were October 1 - 5, therefore funded in the FY15 budget. Purchasing opened the system for FY15 purchase requisition entry on September 30, and staff entered a requisition at that time. Purchasing processed the requisition on October 1, and the purchase order was received by Finance on October 2. The Finance office denied certification of the purchase order on October 2 since the event start date was October 1. In accordance with the expenses approved on the application, payment in the amount of $3,622.30 is requested for printing and mailing of the registration letter and $7,597.60 is requested for website impressions. The Tourist Development Council reviewed this reimbursement request and voted to recommend approval at its October 23, 2014 meeting. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve payment in the amount of $11,219.90 for printing and mailing of the registration letter, as well as website impressions, for the 2014 Emerald Coast Fall Volleyball Classic. RECOMMENDED BY: APPROVED BY: Packet Pg. 410 John Hofstad, Interim County Administrator Packet Pg. 411 Packet Pg. 412 Packet Pg. 413 Packet Pg. 414 Packet Pg. 415 Packet Pg. 416 Packet Pg. 417 Packet Pg. 418 Packet Pg. 419 Packet Pg. 420 Packet Pg. 421 Packet Pg. 422 Packet Pg. 423 Packet Pg. 424 Packet Pg. 425 Packet Pg. 426 Packet Pg. 427 Packet Pg. 428 Packet Pg. 429 Packet Pg. 430 Packet Pg. 431 Packet Pg. 432 Packet Pg. 433 Packet Pg. 434 Packet Pg. 435 Packet Pg. 436 Packet Pg. 437 Packet Pg. 438 Packet Pg. 439 Packet Pg. 440 Packet Pg. 441 Packet Pg. 442 Packet Pg. 443 Packet Pg. 444 Packet Pg. 445 Packet Pg. 446 Packet Pg. 447 Packet Pg. 448 Packet Pg. 449 Packet Pg. 450 Packet Pg. 451 Packet Pg. 452 Packet Pg. 453 Packet Pg. 454 Packet Pg. 455 Packet Pg. 456 Packet Pg. 457 Packet Pg. 458 Packet Pg. 459 Packet Pg. 460 Packet Pg. 461 Packet Pg. 462 Packet Pg. 463 Packet Pg. 464 Packet Pg. 465 Packet Pg. 466 Packet Pg. 467 Packet Pg. 468 Packet Pg. 469 Packet Pg. 470 Packet Pg. 471 Packet Pg. 472 Packet Pg. 473 Packet Pg. 474 Packet Pg. 475 Packet Pg. 476 Packet Pg. 477 Packet Pg. 478 Packet Pg. 479 Packet Pg. 480 Packet Pg. 481 Packet Pg. 482 Packet Pg. 483 Packet Pg. 484 Packet Pg. 485 Packet Pg. 486 Packet Pg. 487  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Destin Fishing Rodeo, 2014 Event Funding DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: TDD staff accepted the Destin Fishing Rodeo’s application for various marketing activities outside the local area under the TDD’s special events and sponsorships funding program for the October 2014 event. BACKGROUND: Section F.300 (8) of the TDD Manual states: “The Post-Event Report shall be submitted to the Tourist Development Department Director no later than thirty (30) days after the date of the Event(s). Failure to submit the Post-Event Report shall deem the funding recipient ineligible for future Special Event and Sponsorship funding.” Last year’s Fishing Rodeo took place October 1-31, 2013. Although room night information was provided after the event, the completed Post-Event Report was not received until October 28, 2014. Pursuant to the TDD Manual, staff is unable to approve the October 2014 funding request since the Post-Event Report for the October 2013 event was not submitted within the requisite timeframe. The Tourist Development Council voted to recommend approval of reimbursement for the 2014 event at its October 23, 2014 meeting. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve payment in the amount of $20,000.00 for brochure distribution and television advertising for the 2014 Destin Fishing Rodeo. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 488 Packet Pg. 489 Packet Pg. 490 Packet Pg. 491 Packet Pg. 492 Packet Pg. 493 Packet Pg. 494 Packet Pg. 495 Packet Pg. 496 Packet Pg. 497 Packet Pg. 498 Packet Pg. 499 Packet Pg. 500 Packet Pg. 501 Packet Pg. 502 Packet Pg. 503 Packet Pg. 504 Packet Pg. 505 Packet Pg. 506 Packet Pg. 507 Packet Pg. 508 Packet Pg. 509 Packet Pg. 510 Packet Pg. 511 Packet Pg. 512 Packet Pg. 513 Packet Pg. 514 Packet Pg. 515 Packet Pg. 516 Packet Pg. 517 Packet Pg. 518 Packet Pg. 519 Packet Pg. 520 Packet Pg. 521 Packet Pg. 522 Packet Pg. 523 Packet Pg. 524 Packet Pg. 525 Packet Pg. 526 Packet Pg. 527 Packet Pg. 528 Packet Pg. 529 Packet Pg. 530  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Woobox payment approval DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Request approval for payment to Peter Mayer for Woobox social media contest platform in the amount of $498.00 for the period August 6 - September 30, 2014. BACKGROUND: Peter Mayer task order 144 authorizes a social media sweepstakes and is within the Purchasing Manager’s approval authority, but was presented to the Board on August 19 due to the use of promotional reserves funding. TDD staff inadvertently sent the task order to Peter Mayer on August 4 after Purchasing’s approval rather than waiting until after Board approval on August 19. Peter Mayer engaged the services of Woobox on August 6 after receiving the signed task order, but prior to Board approval on August 19. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve payment to Peter Mayer for Woobox social media contest platform in the amount of $498.00 for the period August 6 - September 30, 2014. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 531 Packet Pg. 532 Packet Pg. 533 Packet Pg. 534 Packet Pg. 535  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: August 19, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Use of Promotional Reserves - Peter Mayer TO 144 DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: TDD is requesting Board approval of the use of Promotional Reserves. BACKGROUND: The Board approved the Consolidated Strategic Marketing Plan on May 6, 2014, which included a category for Promotional Reserve in the amount of $150,061. Funding in the amount of $59,499 is available for appropriation. To the greatest extent possible, such opportunities will be presented to the TDC for recommendation to the BCC for approval in advance. Task Order 144 in the amount of $18,895 authorizes a social media sweepstakes, email opt-in button on the website in conjunction with visitors guide requests, and development of three pop- up banners for use at trade shows. Due to the timing of regular meetings, the TDC is unable to provide a recommendation to the Board. TDC will be apprised of this use of promotional reserves at its August 28 meeting. Although the task order language reflects BCC approval on August 5, the requisite approvals could not be obtained in time and the task order is being presented to BCC on August 19. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve Peter Mayer task order 144 titled Social Media Sweepstakes, Visitors Guide Email, & Pop-Up Banners in the amount of $18,895. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 536 296 Packet Pg. 537 297 Packet Pg. 538 298 Packet Pg. 539 299 Packet Pg. 540 300  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Monthly Reconciliation of Promotional Reserve Funds DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Per the FY15 Strategic Marketing Plan adopted by the Board on August 19, 2014: “Promotional Reserve funds may be appropriated in accordance with County approval authority and with concurrence of the TDC Chairman. A monthly reconciliation of the use of promotional reserve funds will be provided to the TDC and BCC for informational purposes”. BACKGROUND: Promotional reserves in the amount of $100,000 were budgeted. No promotional reserves have been appropriated during the month of October. Two uses of FY15 reserves were authorized in the prior fiscal year by TDC on August 28 and BCC on September 16: A. $13,500 to fly aerial banners at Alabama and Auburn home football games and the NASCAR race at Talladega B. $3,500 for three pages of advertisement and editorial in Food & Travel Quarterly Magazine on sale Sep 30 - Dec 31 Promotional reserves in the amount of $83,000 remain available for appropriation. OPTIONS: N/A RECOMMENDATION: For informational purposes only. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 541  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Extension of FDOT Contract AQD91 - 5311 DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: The Department of Growth Management requests that the Board authorize the after-the-fact extension of Florida Department of Transportation (FDOT) Grant AQD91 and the associated task order. BACKGROUND: Through the Florida Department of Transportation, Okaloosa County receives funds from Section 5311 of Title 49 of the US Code that are used to reimburse Okaloosa County Transit (OCT) for the purchase of paratransit trips and for the WAVE operation in northern areas of the County. The current 5311 grant, AQD91, had an expiration date of September 30, 2014. Under FDOT’s process, extensions are granted administratively with electronic amendment of the grant file with no hard copies of any documents being exchanged or provided. Therefore, prior to expiration, staff requested and received from the FDOT a 1-year extension of this grant, and funds have been expended accordingly. However, because the term of the original grant was approved by the Board of County Commissioners, it is necessary that the Board authorize the extension as well, and also must authorize the execution of the task order and task order approval needed to provide the services to be provided through the grant funding. The remainder of staff signatures on the attached task order approval form will be obtained upon Board approval of the extension. The extension does not alter any of the budget items within the grant. Transportation Disadvantaged Trip and Equipment Grant provides local match for paratransit trips; County provides match for the Crestview WAVE/Express as applicable. No additional local funds are needed for this extension. RECOMMENDATION: The Department of Growth Management requests that the Board authorize the extension of FY 14 5311 grant AQD91 until September 30, 2015, and authorize the Chairman to sign the attached Task Order No. 44.2, Revised to be retroactive to October 1, 2014. RECOMMENDED BY: Packet Pg. 542 APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 543 Packet Pg. 544  TASK ORDER APPROVAL FORM CONTRACT #: --~C~0~3~-0~9=27~-~G~M~-- TASK ORDER #: _ _ _4~4=.2~R=E~V~IS=ED~--- TASK ORDER AMOUNT: $344,130 OFFERED BY CONSULTANT: Okaloosa County Transit FIRM'S NAME Ruth Lovejoy REPRESENTATIVE'S PRINTED NAME \S .. m. ~'"'47 TITLE DATE RECOMMENDED FOR APPROVAL APPROVED BY OKALOOSA COUNTY (Department Director) (Per Purchasing Manual) • $25,000 or less approved by Purchasing Director • Between $25,001 and $50,000 approved by Purchasing Director and County Administrator • In excess of $50,000 approved by the Board. PURCHASING DIRECTOR Zan Fedorak Growth Management Director TITLE DATE COUNTY ADMINISTRATOR (if applicable) CHAIRMAN (if applicable) DATE DATE Packet Pg. 545  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Extension of FDOT Contract AQH66-Corridor DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: The Department of Growth Management requests that the Board grant after-the-fact authorization to extend the expiration of Grant AQH66 until 1/30/2015. BACKGROUND: As provided in Chapter 341 of the Florida Statutes, Okaloosa County receives funds from the Florida Department of Transportation to provide public transit service along the US 98 corridor. The current contract through which these funds are provided expired on September 30, 2014. However, under FDOT’s process, extensions are granted administratively with electronic amendment of the grant file with no hard copies of any documents being exchanged or provided. Therefore, prior to expiration, staff requested and received from the FDOT an extension of this grant. However, because the term of the original grant was approved by the Board of County Commissioners, it is necessary that the Board authorize the extension as well, and also must authorize the execution of the revised task orders needed to provide the services to be provided through the grant funding. The remainder of staff signatures on the task order and task order approval form will be obtained upon Board approval of the extension. Except for the extension of the expiration date, the requested action does not otherwise alter the grant. RECOMMENDATION: The Department of Growth Management requests that the Board of County Commissioners grant after-the-fact authorization for the extension of FY 14 Corridor Grant AQH66 (new expiration of 1/30/2015) and authorize the Chairman to sign the attached Task Order No. 47.3,Revised to be retroactive to October 1, 2014. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 546 Packet Pg. 547 Packet Pg. 548  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: PJ Adams Emergency Overlay - Budget Transfer DEPARTMENT: Public Works BCC DISTRICT: District 1 STATEMENT OF ISSUE: Staff is requesting permission to reallocate funds between the Old Ebenezer Road resurfacing project and PJ Adams Emergency Overlay project to advance the overlaying of more of PJ Adams Road this fiscal year. BACKGROUND: During the 2015 budget cycle, the BCC approved $250,000 for Old Ebenezer Road overlay and $150,000 for the PJ Adams Emergency Overlay. Public Works would like to overlay only the Cold Mix section on Old Ebenezer Road for a cost of $100,000 and transfer the remaining amount, $150,000 to the PJ Adams Emergency Overlay project. The fiscal 2015 budget was approved by the BCC and allocated in account 3201-563243 @ $150,000 - PJ Adams Emergency Overlay & 3202-563149 @ $250,000 - Old Ebenezer Road overlay. Staff believes that by overlaying only the Cold Mix section on Old Ebenezer Road, we can defer approximately $150,000 to be used on the PJ Adams Emergency Overlay. This additional amount will allow us to go from the FDOT bridge approach (I-10) ROW to the new construction near Hwy 85. While staff acknowledges that the roadway widening is progressing (anticipated in the next 5 years), the conditions of the existing roadway are deteriorating to the extent that interim overlaying of the roadway is needed to keep the roadway functional in the meantime. The remaining portion of Old Ebenezer Road can be resurfaced in FY 16 as part of the CIP budget requests. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Staff recommends that the Board approve the changes as recommended and allow transfer of $150,000 from the Old Ebenezer project account to PJ Adams Emergency Overlay account. RECOMMENDED BY: Packet Pg. 549 APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 550  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: Engineering and Right of Way Acquisition Services for the Widening of PJ Adams Parkway DEPARTMENT: Public Works BCC DISTRICT: 3 STATEMENT OF ISSUE: Request approval to enter into contract with HDR, Inc for design services as it relates to the widening of PJ Adams Parkway. The attached scope and fee will provide for the full design of a four-lane roadway from SR 85 to the overpass at Interstate 10. BACKGROUND: By way of a Transportation Regional Incentive Program (TRIP) agreement between Okaloosa County and the Florida Department of Transportation (FDOT), approximately $4,400,000 is available to complete the four-lane design of PJ Adams Parkway from SR 85 to the overpass at I-10 as well as procure right of way from SR 85 to Ashley Drive. Future funding agreements will continue the acquisition of right of way as well as fund segments for consruction. Included as part of this scope and fee is the full four-lane design from SR 85 to the overpass with I-10. Once the design is complete staff will coordinate with FDOT regarding the right of way acquisition aspect of the TRIP agreement. The RFQ previously advertised included the provision for right of way services, but at the suggestion of FDOT it has been determined that it would be most appropriate to separate the design and right of way services. The proposed scope and fee herein is separated into two components; Base Scope and Optional Services. The Base Scope includes the full topographical survey, geotechnical exploration, mapping, roadway design, construction cost estimating, PD&E re-evaluation and cultural resource assessment for a not to exceed fee of $1,508,839.86. Optional services (that may be required based on the outcome of the design) include wetland mitigation design and noise wall design; these are available for a not to exceed fee of $53,870.94. Optional services will require approval from staff if they are deemed necessary as part of the design effort, but prior to execution by the consultant. The total not to exceed fee is $1,562,710.80. On September 2, 2014 the Board of County Commissioners authorized staff to negotiate with HDR, Inc. to perform the necessary services. The proposed scope and fee is attached for consideration. Funding for this project is through a TRIP Agreement with FDOT for a total value of $4.4 million; this includes a 50% match by the County. The contract, scope and insurance requirements have all been reviewed and approved by the proper County departments. OPTIONS: Authorize/deny acceptance of the Scope of Services Contract with HDR, Inc. for the Phase 1 Widening Design of PJ Adams Parkway a not to exceed fee of $1,562,710.80. Packet Pg. 551 RECOMMENDATIONS: Authorize acceptance of the Scope of Services Contract with HDR, Inc. for the Phase 1 Widening Design of PJ Adams Parkway a not to exceed fee of $1,562,710.80. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 552 Packet Pg. 553  CONTRACT This agreement, executed in Okaloosa County, Florida this __4th_ day of _November, 2014 between the County of Okaloosa, Florida, the Owner, hereinafter called the Party of the First Part, and _HDR Engineering, Inc. or its successors, executors, administrators and assigns, hereinafter called the Party of the Second Part. WITNESSETH: That for and in consideration of payments, hereinafter mentioned, to be made by the Party of the First Part, the Party of the Second Part agrees to furnish all labor to perform all work for RFQ #68-14; PJ Adams Parkway – Phase 1 Widening and Right-of-way acquisition project for a not to exceed total price of $1,562,780.80 in strict conformity with the provisions of this Contract, the Notice to Contractors, the Specifications and the Plans approved by the Owner. The said Plans, Specifications, the Notice to Contractors, and the Proposal are hereby made a part of this agreement as fully and to the same effect as if the same had been set forth at length in the body of this agreement. In consideration of the foregoing promises, the Party of the First Part agrees to pay to the Party of the Second Part such unit prices for the work actually done as are set out in the accompanying proposal in the manner provided in the said Specifications. The Contractor shall be prepared to begin work to be performed under the contract as he set forth in his proposal, but will not proceed until he receives official notice to begin. The official notice will stipulate the date upon which it is expected that the Contractor will begin his work and from which date the working days tabulated against his time limit will begin; all other requirements in regard to the beginning of construction stipulated in the proposal and Special Provisions will date from the official notice. The place where the work is to be started will either be stated in the “Notice to Proceed”; or will be designated on the ground. The work shall be prosecuted from as many different points, in such part or parts and at such times as may be directed, and shall be conducted in such a manner and with sufficient materials, equipment and labor as is considered necessary to insure its completion with the time set forth in the proposal. Should the prosecution of work for any reason be discontinued by the Contractor, with the consent of the Engineer, he shall notify the Engineer at least twenty-four (24) hours before again resuming operations. REPRESENTATIVES: The authorized representative of the County shall be: Jason Autrey 1759 South Ferdon Blvd Crestview FL 32536 850-689-5772 E-Mail: jautrey@co.okaloosa.fl.us Packet Pg. 554  The authorized representative for shall be: E-Mail: All notices required by this agreement shall be in writing to the representative listed above with a courtesy copy to the following: Joanne Kublik Contracts & Leases Coordinator Okaloosa County Purchasing Department 602-C North Pearl Street Crestview, FL 32536 850-689-5960 / 850-689-5998 (FAX) E-Mail: jkublik@co.okaloosa.fl.us IN WITNESS WHEREOF, the Chairman of the Board of County Commissioners, by authority vested in him, has hereunto subscribed his name on behalf of the County of Okaloosa, Florida, the Owner, and the said has hereto fixed his signature, the day and year above written. WITNESS: CONTRACTOR BY TITLE STATE OF FLORIDA COUNTY OF OKALOOSA This contract is accepted this _____ day of _____________________ 2014 and is effective on the _____ day of _________________________ 2014. WITNESS COUNTY OF OKALOOSA, FLORIDA BY J D Peacock II Charles K. Windes, Jr., Chairman Clerk Ad Interim Packet Pg. 555  EXHIBIT A PHASE I - SCOPE OF SERVICES CONSULTING ENGINEERING SERVICES HIGHWAY DESIGN PJ Adams Parkway From North of SR 85 to I-10 Crestview, FL Okaloosa County and the Florida Department of Transportation propose to widen PJ Adams Parkway from SR 85 west to I-10 in Crestview, Florida. This Exhibit forms an integral part of the agreement between Okaloosa County (hereinafter referred to as the COUNTY) and HDR Engineering (hereinafter referred to as the CONSULTANT) relative to the proposed transportation facility. 1 PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complete set of construction contract plans and special provisions, if necessary, for: The construction of the PJ Adams widening between SR 85 and I-10 in Crestview, Florida. The general objective is for the CONSULTANT to prepare four sets of construction plans to be used by the contractor to build the project, and by the COUNTY to ensure the project is built as designed and to specifications. Elements of work shall include, roadway design, geotechnical activities, surveys, R/W mapping, drainage, signing and pavement markings, signalization design, utility relocation coordination, maintenance of traffic, construction cost estimates, R/W cost estimating, environmental permit preparation, quantity computation book, and necessary incidental items for a complete project. The Scope of Services establishes which items of work described in the FDOT Plans Preparation Manual and other pertinent manuals to accomplish the work are specifically included in this contract, and also which of the items of work will be the responsibility of the CONSULTANT or the COUNTY. Plans and design documents are to be prepared with Standard English values in accordance with applicable COUNTY/FDOT manuals and guidelines. The CONSULTANT shall be aware that as a project is developed, certain modifications and/or improvements to the original recommendation may be required. The CONSULTANT Packet Pg. 556  is to incorporate these refinements into the design and will consider this effort to be an anticipated and integral part of the work. This will not be a basis for any supplemental fee request(s). The CONSULTANT shall demonstrate good project management practices while working on this project. These include communication with the COUNTY and others as necessary, management of time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the design of the project a contract file in accordance with COUNTY procedures. It shall be the CONSULTANT’s responsibility to utilize the very best engineering judgment, practices, and principles possible during the prosecution of the work commissioned under this contract. The COUNTY will provide contract administration, management services, and technical reviews of work associated with the development and preparation of the contract plans. The COUNTY will provide job-specific information and/or functions as outlined in this contract. 2 PROJECT DESCRIPTION From the existing PD&E study completed in 2012, the CONSULTANT shall use the approved concepts as a basis for the design unless otherwise directed by the COUNTY. This project primarily consists of the multilaning of PJ Adams Parkway from SR 85 to I-10. The new roadway typical section will consist of an urban typical section with 2-12’ travel lanes, a 4’ bike lane, and 6’ sidewalk, separated by a 22’ raised grassed median. The design speed on PJ Adams Parkway will be 40 mph. The project will be divided into four separate plansets with general termini as follows: Phase 1: SR 85 to Key Lime Place Phase 2: Key Lime Place to Ashley Drive Phase 3: Ashley Drive to Wildhorse Phase 4: Wildhorse Drive to I-10 Necessary Geotechnical and survey efforts will be provided by the CONSULTANT. This project will be let to construction as a Conventional Bid Item project. The CONSULTANT shall incorporate the following into the design of this facility: 2.1 Roadway (Activities 3.0, 4.0, and 5.0) Public Involvement: The CONSULTANT shall conduct one public meeting after the 60% submittal. Location and time shall be approved by the COUNTY. Packet Pg. 557  Plan Type: The CONSULTANT shall provide roadway construction plans as well as signalization plans for the limits of this project. No structural plans are anticipated. Limits: PJ Adams Parkway from SR 85 to SR 8 (I-10) Typical Section: The new roadway typical section will consist of an urban typical section with 2-12’ travel lanes, 4’ bike lane and 6’ sidewalk separated by a 22’ raised median. Pavement Design: The CONSULTANT will be responsible for providing the pavement design. Only one pavement design is anticipated. Access Management Classification: This project has a FDOT Access Management Classification of 3. Level of TCP Plans: The CONSULTANT shall provide a FDOT TCP Level III. Traffic Control Plans (TCP) will be required for this project. The FDOT Design Standards, 600 series, should be utilized for work being performed on or adjacent to existing roadways. A reduction in the number of lanes may require that a lane closure analysis be performed by the CONSULTANT 2.2 Drainage (Activity 6.0) Expected systems include cross drains, storm inlets, roadway ditches, outfalls and stormwater management facilities where feasible. The CONSULTANT shall identify and study alternative pond sites for each basin. . The CONSULTANT shall identify and evaluation the need for proposed cross drains. 2.3 Utilities Coordination (Activity 7.0) The CONSULTANT will be responsible for utility coordination associated with this project. The CONSULTANT will identify utilities in the corridor during the survey phase and shall coordinate with each company to verify that existing utilities are designated in the field prior to completing the topographic survey. The CONSULTANT will be responsible for showing areas that may be affected by construction. The CONSULTANT will evaluate utilities for potential impacts and prepare a Utility Conflict Matrix. The Consultant is to review the Utility Work Schedules and assure that they are compatible with the plans. Based on preliminary investigations, the following companies have utilities within the vicinity of the project: • Century Link Packet Pg. 558  • Cox Communications • City of Crestview • Gulf Power • Okaloosa Gas • Okaloosa Water and Sewer • Verizon • Okaloosa County Traffic Signals 2.4 Permits (Activity 8.0) The CONSULTANT shall coordinate with appropriate agencies for necessary permits, including, but not limited to, Northwest Florida Water Management District, Department of Environmental Protection, United States Fish and Wildlife, Florida Fish and Wildlife, and US Army Corps of Engineers. The CONSULTANT shall be responsible for the identification, coordination and preparation of permit applications. It is not anticipated that this project will apply for permits. The COUNTY will direct use of mitigation site or Florida Statutes. 2.5 Structures (Activities 9.0-18.0) Not applicable to this project) 2.6 Signing and Pavement Markings (Activity 19.0 & 20.0) The CONSULTANT shall be responsible for the design, details, and quantities associated with signing and pavement markings for this project. 2.7 Signals The CONSULTANT shall be responsible for the design, details, and quantities associated with signalization for this project. Two signalized intersections and an emergency signal are anticipated with this design.. 2.8 Lighting (Not applicable to this project) 2.9 Landscape Architecture (Not applicable to this project) 2.10 Survey (Activity 27.0) Packet Pg. 559  Design Survey: The CONSULTANT will provide the Primary and Secondary Horizontal and Vertical control along with other design survey requirements in accordance with Section 27.0 of this document. Subsurface Utility: The CONSULTANT will provide any subsurface utility excavations that are required for the project. Right of Way Survey: The CONSULTANT will be responsible for the Right-of-Way Survey. 2.11 Photogrammetry (Not applicable to this project) 2.12 Mapping (Activity 29.0) (Optional Service) Control Survey Map: The CONSULTANT will be responsible for the Control Survey Map from SR 85 to SR 8 (I-10) Right-of-Way Map: The CONSULTANT will be responsible for the Right-of-Way Map from SR 85 to SR 8 (I-10) 2.13 Geotechnical (Activity 30.0) The CONSULTANT will utilize the pavement design from the 30% Plans design from SR 85 to Wildhorse Drive completed in 2012. The CONSULTANT shall be responsible for necessary geotechnical activities associated with this project including SHGW borings, Muck/Plastic Soil delineations, mast arm borings, roadway borings and associated testing. 2.14 Architecture (Not applicable to this project) 2.15 Noise Barriers (Activity 32.0) 2.16 Intelligent Transportation Systems (Not applicable to this project) 2.17 Project Schedule Within ten (10) days after the Notice-To-Proceed, and prior to the CONSULTANT beginning work, the CONSULTANT shall provide a detailed project activity/event schedule for COUNTY and CONSULTANT scheduled activities required to meet the current COUNTY Production Date. The schedule shall be based upon the durations and schedule negotiated during the project staff hour negotiations process. The schedule shall be accompanied by an anticipated payout and fiscal progress curve. For the purpose of scheduling, the CONSULTANT shall allow for a two (2) week review time for each phase review and other submittals as appropriate. The schedule shall indicate required submittals. Packet Pg. 560  Fees and price proposals are to be based on the negotiated schedule of 12 months for final plans production. However, the contract deadline is 13 months from the Notice to Proceed. 2.18 Submittals Microstation will be used for design and drafting of this project. AutoCAD files can be delivered to the COUNTY at the completion of the project upon request. Plans will be prepared on 11X17 plan sheets. The anticipated printing and submittal requirements for the project include the listed items below; however, this list of items may not be all inclusive on project needs. This summation of submittal components will be used for estimating purposes. The COUNTY's Design Project Manager will determine the specific number of phase review submittals and submittal requirements for each project. PHASE I SUBMITTAL: The CONSULTANT shall submit to the COUNTY’s Project Manger for distribution: • One (1) copy of the Phase Submittal CD/DVD • Two (2) hard copies of the plans The CONSULTANT shall also conduct a 30% design meeting to discuss alignment and profile shifts to reduce R/W takes and construction costs. PHASE II SUBMITTAL: The CONSULTANT shall submit to the COUNTY's Project Manager for distribution: • two (2) copies of the Phase Submittal CD/DVD, • three (3) hard copies of the Plans, • three (3) hard copes of any Design Reports (Roadway, Drainage and Geotech) FINAL SUBMITTAL: The CONSULTANT shall submit to the COUNTY's Project Manager for distribution: • two (2) copies of the Phase Submittal CD/DVD, • three (3) hard copies of the Plans, • three (3) hard copies of the Computation Book, Packet Pg. 561  • three (3) hard copies of the Construction Cost Estimate, • three (3) hard copes of any Design Reports Roadway, Drainage and Geotech), • one (1) hard copy of Phase III Submittal Comment Responses, • one (1) hard copy of COUNTY Bid Documentation and Specification Package The Phase Submittal CD/DVD shall include *.PDF files of the components listed above. 2.19 Provisions for Work Maps, plans and designs are to be prepared with English values in accordance with applicable current COUNTY manuals, memorandums, guidelines including but not limited to:. General o 29 CFR, Part 1910.1101 – Asbestos Standard for Industry, U.S. Occupational Safety and Health Administration (OSHA) o 29 CFR, Part 1926, 1101 – Asbestos Standard for Construction, OSHA o 40 CFR, Part 61, Subpart M - National Emission Standard for Hazardous Air Pollutants (NESHAP), Environmental Protection Agency (EPA) o 40 CFR, Part 763, Subpart E – Asbestos-Containing Materials in Schools, EPA o 40 CFR, Part 763, Subpart G – Asbestos Worker Protection, EPA o Americans with Disabilities Act Accessibility Guidelines (ADAAG) o Any special instructions from the COUNTY o Bicycle Facilities Planning and Design Manual, o CADD Manual o CADD Production Criteria Handbook o Ch. 469, F.S. – Asbestos Abatement, Florida COUNTY of Business and Professional Regulation (DBPR) o Ch. 62257, F.A.C. – Asbestos Program, Florida COUNTY of Environmental Protection (DEP) o Code of Federal Regulations o Design Traffic Procedure o Equivalent Single Axle Load Guidelines o Florida Administrative Codes o Florida Department of Business & Professional Regulations Rules o Florida Department of Environmental Protection Rules o Florida Department of Transportation Basis of Estimates Manual o Florida Department of Transportation Design Standards for Design, Construction, Maintenance, and Utility Operations on the State Highway System Packet Pg. 562  o Florida Department of Transportation Instructions for Structures Related Design Standards o Florida Department of Transportation Handbook for Preparation of Specifications Package o Florida Department of Transportation Materials Manual o Florida Department of Transportation Plans Preparation Manual o Florida Department of Transportation Project Development and Environmental Manual o Florida Department of Transportation Standard Specifications for Road and Bridge Construction o Florida Statutes o Florida’s Level of Service Standards and Guidelines Manual for Planning o K-Factor Estimation Process o Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways o Model Guide Specifications – Asbestos Abatement and Management in Buildings, National Institute for Building Sciences (NIBS) o Policy for Geometric Design of Highways and Streets o Project Traffic Forecasting Guidelines o Quality Assurance Guidelines o Rule 61G17-6, F.A.C., Minimum Technical Standards for Professional Surveyors and Mappers o Safety Standards o Utility Accommodations Guidelines Permits o Chapter 373, F.S. Drainage o Cross Drain o Drainage Handbooks o Drainage Manual o Erosion and Sediment Control o Hydrology o Optional Pipe Materials o Storm Drain o Stormwater Management Facility o Temporary Drainage Handbook Survey and Mapping o Applicable Florida Statutes and Administrative Codes o Applicable Rules, Guidelines Codes and authorities of other Municipal, County, State and Federal Agencies. o FDOT Aerial Surveying Standards for Transportation Projects Topic 550- 020-002 Packet Pg. 563  o FDOT Right of Way Mapping Handbook o FDOT Surveying Procedure Topic 550-030-101 o Florida Department of Transportation Right of Way Procedures Manual o Florida Department of Transportation Surveying Handbook o Right of Way Mapping Procedure 550-030-015 Traffic Operation Manuals o AASHTO - An Information Guide for Highway Lighting o AASHTO - Guide for Development of Bicycle Facilities o American Disabilities Act o Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) o Federal Highway Administration Standard Highway Signs Manual o FHWA - Roundabouts: An Informational Guide o Florida Department of Transportation - Florida Roundabout Guide o Florida Department of Transportation Manual on Uniform Traffic Studies (MUTS) o Florida Department of Transportation Median Handbook o Florida Department of Transportation Traffic Engineering Manual o Minimum Specifications for Traffic Control Signal Devices o National Electric Safety Code o National Electrical Code Geotechnical o FHWA Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Specifications o Manual of Florida Sampling and Testing Methods o Soils and Foundation Handbook These documents are revised periodically by the responsible agencies and adopted by authorities having jurisdiction on building projects. The design consultant and the project manager are advised to obtain applicable versions of these documents from the responsible agency prior to use. o American Concrete Institute o American Institute of Architects - Architect’s Handbook of Professional Practice o American Society for Testing and Materials - ASTM Standards o Brick Institute of America o DMS - Standards for Design of State Facilities o Florida Building Code o Florida Concrete Products Association o Florida Department of Transportation - ADA/Accessibility Procedure o Florida Department of Transportation - Asbestos Management Program Procedure Packet Pg. 564  o Florida Department of Transportation - Building Code Compliance Procedure o Florida Department of Transportation – Design Build Procurement and Administration o Florida Department of Transportation - Standard Specifications for Road and Bridge Construction o Florida Department of Transportation - Structures Manual o Florida Department of Transportation - Design Standards o National Concrete Masonry Association o National Electrical Code (current edition) o National Fire Protection Association - Life Safety Code (current edition) o Portland Cement Association - Concrete Masonry Handbook 2.20 Services to be Performed by the COUNTY o When appropriate the COUNTY will provide project data currently on file. o Provide numbers for field books. o Regarding Environmental Permitting Services:
Approve contacts with environmental agencies.
Provide general philosophies and guidelines of the COUNTY to be used in the fulfillment of this contract. Objectives, constraints, budgetary limitations, and time constraints will be completely defined by the Project Manager.
Provide the appropriate signatures on application forms. o Provide letters of authorization designating the CONSULTANT as an agent of the COUNTY in accordance with F.S. 327.274. o Provide phase reviews of plans and engineering documents. o Provide access for the CONSULTANT to utilize the COUNTY’s Information Technology Resources. o Furnish COUNTY agreements with Utility Agency Owner (UAO). o Furnish certifications necessary for project letting. o Provide information that may come to the COUNTY pertaining to future improvements. 3 PROJECT COMMON and PROJECT GENERAL TASKS Project Common Tasks Project Common Tasks, as listed below, are work efforts that are applicable to many project activities, 4.0 Roadway Analysis through 32.0 Noise Impact Design Assessment. These tasks are to be included in the project scope in each applicable activity when the described work is to be performed by the CONSULTANT. Cost Estimates: The CONSULTANT shall be responsible for producing a construction Packet Pg. 565 cost estimate and reviewing and updating the cost estimate when scope changes occur and/or at milestones of the project. A Summary of Pay Items sheet shall be prepared with required Phase III and Final Plans submittals. CONSULTANT shall also be required to conduct a cost estimate for R/W to be submitted at Final Plans. Technical Special Provisions: (Not applicable to this project) Field Reviews: Includes trips required to obtain necessary data for elements of the project. Technical Meetings: Includes meetings with COUNTY and/or Agency staff, between disciplines and subconsultants, such as access management meetings, pavement design meetings, progress review meetings (phase review), and miscellaneous meetings. The CONSULTANT shall prepare, and submit to the COUNTY’s Project Manager for review, the meeting minutes for meetings attended by them. The meeting minutes are due within five (5) days of attending the meeting. Quality Assurance/Quality Control: It is the intention of the COUNTY that design CONSULTANTS are held responsible for their work, including plans review. Detailed checking of CONSULTANT plans or assisting in designing portions of the project for the CONSULTANT is not the intent of having external design consultants. The purpose of CONSULTANT plan reviews is to ensure that CONSULTANT plans follow the plan preparation procedures outlined in the FDOT Plans Preparation Manual, that state and federal design criteria are followed with the COUNTY concept, and that the CONSULTANT submittals are complete. The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without additional compensation, correct errors or deficiencies in the designs, maps, drawings, specifications and/or other services. Independent Peer Review: (Not applicable to this project) Supervision: Includes efforts required to supervise technical design activities. Coordination: Includes efforts to coordinate with disciplines of the project to produce a final set of construction documents. Project General Tasks Project General Tasks, described in Sections 3.1 through 3.7 below, represent work efforts that are applicable to the project as a whole and not to any one or more specific project activity. The work described in these tasks shall be performed by the CONSULTANT when included in the project scope. Packet Pg. 566 3.1 Public Involvement Public involvement includes communicating to all interested persons, groups, and government organizations information regarding the development of the project. The CONSULTANT shall provide to the COUNTY drafts of all Public Involvement documents (i.e., newsletters, property owner letters, advertisements, etc.) associated with the following tasks for review and approval at least five (5) business days prior to printing and / or distribution. . 3.1.1 Community Awareness Plan (Not applicable to this project) 3.1.2 Notifications (Not applicable to this project) 3.1.3 Preparing Mailing Lists (Not applicable to this project) 3.1.4 Median Modification Letters (Not applicable to this project) 3.1.5 Driveway Modification Letters (Not applicable to this project) 3.1.6 Newsletters (Not applicable to this project) 3.1.7 Renderings and Fly-Throughs (Not applicable to this project) 3.1.8 PowerPoint Presentations The CONSULTANT shall prepare PowerPoint presentations for COUNTY staff to present project updates to the County Board of Commissioners. It is anticipated two updates will be conducted throughout the project. 3.1.9 Public Meeting Preparations The CONSULTANT shall prepare the necessary materials for use in the public meeting. It is anticipated that one public meeting will be held approximately one month after the 60% submittal. 3.1.10 Public Meeting Attendance and Follow-up The CONSULTANT shall attend public meeting(s), assist with meeting setup and take down. The CONSULTANT shall also prepare a summary of the public meeting that includes all copies of all materials shown or provided at the public meeting. The summary shall also include a listing of all written comments made during or after the meeting and responses to those written comments. The CONSULTANT will investigate potential meeting sites to advise the COUNTY on their suitability. The CONSULTANT will pay all costs for meeting site rents and insurance. The CONSULTANT will attend the meetings with an appropriate number of personnel to assist the COUNTY Project Manager. Packet Pg. 567  It is estimated for this project there will be One (1)Public meetings during the design. 3.1.11 MPO Meetings (Not applicable to this project) . 3.1.12 Web Site (Not applicable to this project) 3.2 Joint Project Agreements (Not applicable to this project) 3.3 Specifications Package Preparation The CONSULTANT shall prepare and provide a specifications package prepared in accordance with the COUNTY’S standard requirements. 3.4 Contract Maintenance Contract maintenance includes project management effort for complete setup and maintenance of files, developing monthly progress reports, schedule updates, work effort to develop and execute subconsultant agreements, etc. 3.5 Value Engineering (Multi-Discipline Team) Review (Not applicable to this project) 3.6 Prime Consultant Project Manager Meetings Includes only the Prime Consultant Project Manager's time for travel and attendance at Activity Technical Meetings and other meetings listed in the meeting summary for Task 3.6 on tab 3.0 Project General Task of the staff hour forms. Staff hours for other personnel attending Activity Technical Meetings are included in the meeting task for that specific Activity. 3.7 Plans Update (Not applicable to this project) 3.8 Post Design Services (Not applicable to this project) 3.9 Electronic Delivery (Not applicable to this project) 3.10 Other Project General Tasks R/W Cost Estimates The Consultant shall prepare a Right of Way Cost Estimate for the project. The Consultant shall: a. Review the maps depicting the alignment for the right of way to be acquired; b. Research county records for each parcel from which right of way is required; c. Perform a field inspection of each parcel, and annotate all field notes on a field inspection sheet Packet Pg. 568  d. Analyze market data to determine comparable listings for each parcel; e. Evaluate each parcel regarding the cost of: i. the taking; ii. severance damages; iii. business damages; iv. relocation; v. acquisition consultant fees; vi. appraisal fees; vii. expert witness fees; and viii. attorney’s fees; f. Compile all of the cost data in to a spreadsheet, and apply appropriate factors to project total costs; and g. Prepare a data book containing all the maps, parcel research, field inspection sheets, and comparable listing data. 4 ROADWAY ANALYSIS The CONSULTANT shall analyze and document Roadway Tasks in accordance with applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 4.1 Typical Section Package The CONSULTANT shall provide an approved Typical Section Package prior to the Phase II plans submittal date. 4.2 Pavement Design Package (Not applicable for this project) The CONSULTANT shall utilize the previously developed pavement design. 4.3 Access Management The CONSULTANT shall incorporate access management standards for each project in coordination with COUNTY staff. The CONSULTANT shall review adopted access management standards and the existing access conditions (interchange spacing, signalized intersection spacing, median opening spacing, and connection spacing). Median openings that will be closed, relocated, or substantially altered shall be shown on plan sheets and submitted with supporting documentation for review with the Phase I plans submittal. The access management classification information derived from the Phase I – NEPA Environmental Assessment and public hearings will be used by the CONSULTANT. 4.4 Horizontal/Vertical Master Design Files The CONSULTANT shall design the geometrics using the design standards that are most appropriate with proper consideration given to the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design Packet Pg. 569 consistency and driver expectancy, aesthetics, pedestrian and bicycle concerns, ADA requirements, elder road user policy, access management, and the Phase I – NEPA Environmental Assessment. 4.5 Cross Section Design Files The CONSULTANT shall establish and develop cross section of the proposed design at 100’ intervals and any intermediate critical locations to estimate R/W needs. 4.6 Traffic Control Analysis The CONSULTANT shall design a safe and effective Traffic Control Plan to move vehicular and pedestrian traffic during all phases of construction. The design shall include construction phasing of roadways ingress and egress to existing property owners and businesses, routing, signing and pavement markings, and detour quantity tabulations, roadway pavement, drainage structures, ditches, front slopes, back slopes, drop offs within clear zone, and traffic monitoring sites. 4.7 Master TCP Design Files The CONSULTANT shall develop master Traffic Control Plan (TCP) files showing each phase of the Traffic Control Plan. 4.8 Design Variations and Exceptions (Not applicable to this project) 4.9 Design Report The CONSULTANT shall submit to the COUNTY design notes, data, and calculations to document the design conclusions reached during the development of the contract plans. The design notes, data, and computations shall be recorded on size 8½"x11" sheets, fully titled, numbered, dated, indexed and signed by the designer and the checker. Computer output forms and other oversized sheets shall be folded to 8½"x11" size. The data shall be in a hardback folder for submittal to the COUNTY. 4.10 Computation Book and Quantities The CONSULTANT shall prepare the Computation Book and various summary of quantities sheets. This includes efforts required to develop the Computation Book and the supporting documentation, including construction days when required. 4.11 Cost Estimate The CONSULTANT will compile a Construction Cost Estimate for the Phase II (60%), Phase III (90%) and Final Submittals. The CONSULTANT will provide a R/W acquisition needs estimate based on the design and Pond Siting Report. The CONSULTANT will supply the R/W acreages and limits as set forth in the plan set. The CONSULTANT will not supply real estate cost estimates as a part of this Scope of Services. 4.12 Technical Special Provisions (Not applicable to this project) Packet Pg. 570  4.13 Other Roadway Analysis (Not applicable to this project) 4.14 Field Reviews 4.15 Technical Meetings 4.16 Quality Assurance/Quality Control 4.17 Independent Peer Review (Not applicable to this project) 4.18 Supervision 4.19 Coordination 5 ROADWAY PLANS The CONSULTANT shall prepare Roadway, Drainage, Traffic Control, Utility Adjustment Sheets, plan sheets, notes, and details. The project will be broken into four separate plan sets. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction. Plan content of the phase submittals will follow the general guidelines of Florida Department of Transportation’s Phase II (60%), Phase III (90%), and Final Submittals Plans Checklist as set forth in the FDOT Plans Preparation Manual. 5.1 Key Sheet 5.2 Summary of Pay Items 5.3 Drainage Map 5.4 Interchange Drainage Map (Not applicable to this project) 5.5 Typical Section Sheets 5.6 General Notes/Pay Item Notes 5.7 Summary of Quantities 5.8 Box Culvert Data Sheet (Not applicable to this project) 5.9 Bridge Hydraulics Recommendation Sheets (Not applicable to this project) 5.10 Summary of Drainage Structures 5.11 Optional Pipe/Culvert Material 5.12 Project Layout Packet Pg. 571 5.13 Plan/Profile Sheet (Not applicable to this project) 5.14 Profile Sheet 5.15 Plan Sheet 5.16 Special Profile (Not applicable to this project) 5.17 Back of Sidewalk Profile Sheet (Not applicable to this project) 5.18 Interchange Layout Sheet (Not applicable to this project) 5.19 Ramp Terminal Details (Plan View) (Not applicable to this project) 5.20 Intersection Layout Details 5.21 Miscellaneous Detail Sheets 5.22 Drainage Structure Sheet (Per Structure) 5.23 Miscellaneous Drainage Detail Sheets (Not applicable to this project) 5.24 Lateral Ditch Plan/Profile (Not applicable to this project) 5.25 Lateral Ditch Cross Sections (Not applicable to this project) 5.26 Retention/Detention Ponds Detail Sheet 5.27 Retention Pond Cross Sections 5.28 Cross-Section Pattern Sheet (Not applicable to this project) 5.29 Roadway Soil Survey Sheet 5.30 Cross Sections 5.31 Traffic Control Plan Sheets 5.32 Traffic Control Cross Section Sheets 5.33 Traffic Control Detail Sheets 5.34 Utility Adjustment Sheets 5.35 Selective Clearing and Grubbing (Not applicable to this project) 5.36 Erosion Control Plan 5.37 SWPPP Packet Pg. 572  5.38 Project Control Network Sheet 5.39 Environmental Detail Sheets (Not applicable to this project) 5.40 Utility Verification Sheet (SUE Data) 5.41 Quality Assurance/Quality Control 5.42 Supervision 6 DRAINAGE ANALYSIS The CONSULTANT shall analyze and document Drainage Tasks in accordance with applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. The CONSULTANT shall be responsible for designing a drainage and stormwater management system. Design work shall comply with the requirements of the appropriate regulatory agencies and the FDOT’s Drainage Manual. The CONSULTANT shall develop a drainage map based upon available information and field reviews. The available information should consist of old Florida Department of Transportation Plans, USGS Quadrangles, USGS Studies, NWFWMD Studies, FEMA Studies, Local Government Agency Studies or Contours, etc. The drainage map should be included in the Hydraulic Design Study. The Hydrology should be by regional or local regression equations, or by the rational method. An assumed velocity should not be used. The CONSULTANT shall document the Drainage Design in the Drainage Design Study. The Design Study should show that the design requirements of the COUNTY, FDOT and FAA have been met. The CONSULTANT has the responsibility for determining the need, appropriate locations, and sizes for water management facilities, and drainage outfalls. The CONSULTANT shall refer Phase I – NEPA Environmental Assessment for preliminary pond sites studied. The CONSULTANT shall be advised that pond locations must be located within the footprint of the Phase I – NEPA Environmental Assessment. The CONSULTANT shall evaluate the need for diversion ditch systems along the project length to prevent comingling of overland runoff with roadway runoff in order to minimize pond sizings. The CONSULTANT shall provide the COUNTY a Drainage Design Documentation. The documentation shall include a narrative description of existing and proposed drainage structures, conditions, and facilities, and a listing of environmental regulatory permits required. Hydrologic and hydraulic drainage computations for the design presented in the plans shall be included along with supporting design information such as drainage maps, geotechnical data (such as soil borings and permeability tests), and correspondence that directly affected design decisions. Packet Pg. 573  The CONSULTANT shall coordinate fully with the appropriate permitting agencies and the COUNTY’s staff. Activities and submittals should be coordinated through the COUTNY’s Project Manager. The work will include the engineering analyses for any of the following: 6.1 Determine Base Clearance Water Elevation Analyze, determine, and document high water elevations which will be used to set roadway profile grade. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent stormwater ponds. Determine groundwater elevations at intervals between the above-mentioned surface waters. 6.2 Pond Siting Analysis and Report Update Pond Siting Analysis and Report done in the Phase I – NEPA Environmental Assessment. 6.3 Design of Cross Drains Analyze the hydraulic design of cross drains. Check existing cross drains to determine if they are structurally sound and can be extended. Document the design as required. Determine and provide flood data as required. 6.4 Design of Roadway Ditches Design roadway conveyance ditches. This includes determining ditch cross sections, grades, selecting suitable channel lining, designing the side drain pipes, and documentation. 6.5 Design of Outfalls Analyze and document the design of ditch or piped outfalls. (Pond outlet structure included in task 6.6) 6.6 Design of Stormwater Management Facility (Offsite Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed pond layout (shape, contours, slopes, etc.), perform routing calculations, and design the outlet control structure. 6.7 Design of Stormwater Management Facility (Roadside Ditch as Linear Pond or Infield Pond) (Not applicable to this project) 6.8 Design of Flood Plain Compensation Area (Not applicable for this project) 6.9 Design of Storm Drains Develop a “working drainage map”, determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design Tailwater and, if necessary, outlet scour protection. Packet Pg. 574  6.10 Optional Culvert Material Determine acceptable options for pipe materials. 6.11 French Drain Design (Not applicable to this project) 6.12 Drainage Wells (Not applicable to this project) 6.13 Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for the drainage design tasks and associated meetings and decisions, except the Pond Siting Analysis Report. 6.14 Bridge Hydraulic Report (Not applicable to this project) 6.15 Temporary Drainage Analysis (Not applicable to this project) 6.16 Cost Estimate 6.17 Technical Special Provisions (Not applicable to this project) 6.18 Other Drainage Analysis (Not applicable to this project) 6.19 Field Reviews 6.20 Technical Meetings 6.21 Quality Assurance/Quality Control 6.22 Independent Peer Review (Not applicable to this project) 6.23 Supervision 6.24 Coordination 7 UTILITIES The CONSULTANT shall identify utility facilities and secure agreements, utility work schedules, and plans from the Utility Agency Owners (UAO) ensuring no conflicts exist between utility facilities and the COUNTY’s construction project. The CONSULTANT shall certify utility negotiations have been completed with arrangements made for utility work to be undertaken. 7.1 Kickoff Meeting (Not applicable to this project) 7.2 Identify Existing UAO(s) (Not applicable to this project) 7.3 Make Utility Contacts Packet Pg. 575  First Contact: Send letters and two sets of plans to each utility, one set for the utility office, one set each to construction and maintenance if required. Includes contact by phone for meeting coordination. Request type, size, location, easements, cost for compensable relocation, and justification for any utility exceptions. Include the meeting schedule (if applicable) and the design schedule. Include typical meeting agenda. Second Contact: At a minimum of 4 weeks prior to the meeting, the CONSULTANT shall transmit two complete sets of Phase II plans to each UAO having facilities located within the project limits, and one set to the COUNTY Offices as required by the District. Third Contact: Identify agreements and assemble packages. Send agreements, letters and two sets of plans to the UAO(s) including component sets, one set for the utility office, one set to construction and maintenance if required. Include the design schedule. Not all projects will have all contacts as described above. 7.4 Exception Coordination (Not applicable to this project) 7.5 Preliminary Utility Meeting The CONSULTANT shall schedule (time and place), notify participants, and conduct a preliminary utility meeting with all affected UAO(s) for the purpose of presenting the project, review the current design schedule, evaluate the utility information collected, provide follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, and discuss any future design issues that may impact utilities. This is also an opportunity for the UAO(s) to present proposed facilities. The CONSULTANT shall keep accurate minutes and distribute a copy to all attendees. 7.6 Individual/Field Meetings The CONSULTANT shall meet with each UAO separately throughout the project design duration to provide guidance in the interpretation of plans, review changes to the plans and schedules, optional clearing and grubbing work, and assist in the development of the UAO(s) plans and work schedules. The CONSULTANT is responsible for motivating the UAO to complete and return the necessary documents after each Utility Contact or Meeting. 7.7 Collect and Review Plans and Data from UAO(s) Make Determinations (Compensable Interest, Easements, Coordinate, Analyze). Ensure information (utility type, material and size) is sent to the designer for inclusion in the plans. Coordinate programming of funds. 7.8 Subordination of Easements Coordination (Not applicable to this project) 7.9 Utility Design Meeting At a minimum of 3 weeks prior to the meeting, the CONSULTANT shall transmit two complete sets of Phase II plans to each UAO having facilities located within the project limits, and one set to the COUNTY Offices. The CONSULTANT shall schedule (time and place), notify participants, and conduct a Utility meeting with all affected UAO(s). The Packet Pg. 576 CONSULTANT shall be prepared to discuss drainage, traffic signalization, maintenance of traffic (construction phasing), review the current design schedule and letting date, evaluate the utility information collected, provide follow-up information on compensable interest requests, discuss the utility work by highway contractor option with each utility, discuss any future design issues that may impact utilities, etc., to the extent that they may have an effect on existing or proposed utility facilities with particular emphasis on drainage and maintenance of traffic with each UAO. The intent of this meeting shall be to identify and resolve conflicts between utilities and proposed construction prior to completion of the plans, including utility adjustment details. Also recommend resolution between known utility conflicts with proposed construction plans as practical. The CONSULTANT shall keep accurate minutes of all meetings and distribute a copy to all attendees. 7.10 Review Utility Markups and Work Schedules and Processing of Schedules and Agreements Review utility marked up plans individually as they are received for content and coordinate review with the designer. Send color markups and schedules to the appropriate COUNTY office(s) for review and comment if required. 7.11 Utility Coordination/Followup This includes follow-up, interpreting plans, and assisting and the completion of the UAO(s) work schedule and agreements. Includes phone calls, face-to-face meetings, etc., to motivate and ensure the UAO(s) complete and return the required documents in accordance with the project schedule. Ensure the resolution of known conflicts. This task can be applied to all phases of the project. 7.12 Utility Constructability Review (Not applicable to this project) 7.13 Additional Utility Services (Not applicable to this project) 7.14 Processing Utility Work by Highway Contractor (UWHC) (Not applicable to this project) 7.15 Contract Plans to UAO(s) (Not applicable to this project) 7.16 Certification/Close-Out This includes hours for transmitting utility files to the DUO and preparation of the Utility Certification Letter. The CONSULTANT shall certify to the appropriate COUNTY representative the following: Utility negotiations (Full execution of each agreement, approved Utility Work Schedules, technical special provisions written, etc.) have been completed with arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule. OR Packet Pg. 577  An on-site inspection was made and no utility work will be involved. OR Plans were sent to the Utility Companies/Agencies and no utility work is required. 7.17 Other Utilities (Not applicable to this project) 8 ENVIRONMENTAL PERMITS, COMPLIANCE AND CLEARANCES The CONSULTANT shall notify the COUNTY Project Manager and other appropriate personnel in advance of scheduled meetings with the regulatory agencies to allow a COUNTY representative to attend. The CONSULTANT shall copy in the Project Manager and the Environmental Permit Coordinator on permit related correspondence and meetings. 8.1 Preliminary Project Research The CONSULTANT shall perform preliminary project research and shall be responsible for early identification of and coordination with the appropriate regulatory agencies to assure that design efforts are properly directed toward permit requirements. 8.2 Complete Permit Involvement Form The CONSULTANT shall document permit involvement in coordination with the COUNTY Project Manager. This is to be done upon completion of preliminary project research. 8.3 Establish Wetland Jurisdictional Lines and Assessments The CONSULTANT shall collect data and information necessary to determine the boundaries of wetlands and surface waters defined by the rules or regulations of each agency processing or reviewing a permit application necessary to construct a COUNTY project. The CONSULTANT is to stake or flag the State and Federal jurisdictional lines. A registered surveyor will be required to survey these jurisdictional lines. The consultant must remove stakes or flags after the environmental permits are approved. The contractor is to be provided, in the plans, survey points to delineate or flag the wetlands that are NOT TO BE IMPACTED. It is the contractor’s responsibility to flag or stake these areas prior to construction beginning and maintain them throughout construction. The CONSULTANT will identify this responsibility of the contractor clearly in the plans. The plans shall clearly show the jurisdictional lines(s). The jurisdictional areas that are impacted shall be clearly designated and noted “Construction activities allowed.” Jurisdictional areas that are not to be impacted and are to remain undisturbed throughout construction should be clearly designated and noted “Construction activities not allowed.” Packet Pg. 578  The CONSULTANT shall include a section in the roadway component set of plans to reflect the items above. This section shall also include a Tabulation Sheet or Block defining the undisturbed wetlands by x, y coordinates or station and offsets. The disturbed wetlands shall also be tabulated in square feet (or acres) indicating the area impacted. This section shall include any general or project specific environmental notes. On projects where no wetland impacts are anticipated, the plans will clearly show the “Safe Upland Line”**. Areas outside this line shall be labeled or noted “Construction Activities Not Allowed”. **According to the US Army Corps of Engineers, a Safe Upland is any area that does not qualify as a wetland because the associated hydrologic regime is not sufficiently wet to elicit development of vegetation, soils, and/or hydrologic characteristics associated with wetlands. The Consultant/Designer shall locate this line in a manner that allows the Contractor to reproduce this line in the field – station and offset, or state plan coordinates. 8.4 Agency Verification of Wetland Data The jurisdictional lines will be verified during the permit submittal and review by the State or Federal agency. A formal jurisdictional determination will not be obtained prior to permit submittal except for new roadway alignments, or if a questionable determination is anticipated. The CONSULTANT will be responsible for jurisdictional determinations during permit reviews and will respond to Requests for Additional Information by the reviewing agency. 8.5 Complete Required Permit Applications The CONSULTANT will have a Pre-Application meeting with the State permitting agency for projects involving Stormwater Ponds and bridge replacement. The COUNTY project manager will be invited to the Pre-Application meeting, and will be forwarded correspondence and meeting minutes. The Engineer of Record (EOR) shall prepare a narrative, in layman terms, for the inclusion in the permit application packages. It shall include work being performed in this project, impacts to the environment and methods of construction specifically related to the environmentally sensitive areas. This brief description will aid the regulatory agency reviewer in understanding the scope of the project. For projects that do not have a wetland assessment (Unified Mitigation Assessment Method, or UMAM), and the permit requires this information to be issued, the CONSULTANT will prepare a UMAM to be submitted with the permit application. Four permits will be prepared with this project. No permits will be submitted to the permitting agencies. 8.6 Prepare Dredge and Fill Sketches per Agency Criteria 8.7 Prepare USCG Permit Sketches per Agency Criteria (Not applicable to this project) 8.8 Prepare Water Management District Right-of-Way Occupancy Sketches (Not Packet Pg. 579  applicable to this project) 8.9 Prepare Coastal Construction Control Line (CCCL) Permit Application (Not applicable to this project) 8.10 Prepare Tree Permit Information (Not applicable to this project) 8.11 Mitigation Coordination and Meetings The CONSULTANT shall coordinate with COUNTY personnel prior to approaching any environmental permitting or reviewing agencies. Once a mitigation plan has been reviewed and approved by the COUNTY, the CONSULTANT will be responsible for coordinating the proposed mitigation plan with the environmental agencies. 8.12 Mitigation Design (Optional Service) If wetland impacts cannot be avoided, the CONSULTANT shall prepare a mitigation plan to be included as a part of the Environmental Resource or Wetlands Resource Permit applications. Prior to the development of alternatives, the CONSULTANT shall meet with the Project Manager to determine the COUNTY’s policies in proposing mitigation. The CONSULTANT shall proceed in the development of a mitigation plan based upon the general guidelines provided by the COUNTY. The CONSULTANT will be directed by the COUNTY to investigate the following methods of mitigation:
Payment to DEP/WMD per acre of wetlands impacted as defined in CH 373.4137 FS
Monetary participation in offsite regional mitigation plans
Monetary participation in a private mitigation bank
Creation/restoration on public lands
Creation/restoration on right-of-way purchased by the COUNTY
Creation/restoration on existing COUNTY right-of-way In the event that physical creation or restoration is the only feasible alternative to offset wetland impacts, the CONSULTANT shall collect all of the data and information necessary to prepare alternative mitigation plans that may be acceptable to all permitting agencies and commenting agencies who are processing or reviewing a permit application for a COUNTY project. Prior to selection of a final mitigation site, the CONSULTANT will provide the following services in the development of alternative mitigation plans:
Preliminary jurisdictional determination for each proposed site
Selection of alternative sites
Coordination of alternative sites with the COUNTY/all environmental agencies Packet Pg. 580 
Written narrative listing potential sites with justifications for both non- recommended The COUNTY mitigation design will be in accordance with CH 373.4137 FS. The NWFWMD will be responsible for developing a mitigation plan for the wetland impacts associated with this project. 8.13 Environmental Clearances, Reevaluations and Technical Support (Not Applicable to this project) 8.14 Environmental Clearances and Reevaluations The CONSULTANT shall prepare reports and clearances for the changes to the project that occurred after the Phase I – NEPA Environmental Assessment was completed. These changes could include but are not limited to pond and/or mitigation sites identified, land use or environmental changes, and significant design changes. NEPA or SEIR Reevaluation: During the development of the final design plans, the CONSULTANT shall be responsible for collecting the data and preparing a Reevaluation in accordance with the National Environmental Policy Act (NEPA), as described in 40 CFR Parts 1500 - 1508 and FAA Order 1050.1E CHG 1, paragraph 401(g), Policies and Procedures for Considering Environmental Impacts. Archaeological and Historical Features: The CONSULTANT shall collect data necessary to completely analyze the impacts, due to changes in the project or project area, to cultural and historic resources, and prepare a Cultural Resource Study, in accordance with the National Historic Preservation Act of 1966 (Public Law 89-665, as amended) and the implementing regulations (36 CFR 800) as well as with the provisions contained in Chapter 267, Florida Statutes. Wetland Impact Analysis: The CONSULTANT shall analyze the impacts to wetlands for the changes to the project and complete the Wetlands Evaluation Report, in accordance with FAA Order 1050.1E, Appendix A, Section 18. Wildlife and Habitat Impact Analysis: The CONSULTANT shall collect data necessary and perform an Endangered Species Biological Assessment, and analyze the impacts to wildlife and habitat by the changes to the project, in accordance with the Endangered Species Act of 1973, the Sikes Act Amendments of 1974, Executive Order 13112 – Invasive Species, the Fish and Wildlife Coordination Act of 1958, and the Fish and Wildlife Conservation Act of 1980. (FAA Order 1050.1E, CHG 1, Appendix A, section 8). 8.15 Other Environmental Permits The CONSULTANT shall prepare and submit GP permit for geotechnical exploration to NWFWMD. 8.16 Technical Meetings Packet Pg. 581  8.17 Quality Assurance/Quality Control 8.18 Supervision 8.19 Coordination 9 STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS The CONSULTANT shall analyze, design, and develop contract documents for all structures in accordance with applicable provisions as defined in Section 2.17, Provisions for Work. Individual tasks identified in Sections 9 through 18 are defined in the Staff Hour Estimation Handbook and within the provision defined in Section 2.17, Provisions for Work. Contract documents shall display economical solutions for the given conditions. The CONSULTANT shall provide Design Documentation to the COUNTY with each submittal consisting of structural design calculations and other supporting documentation developed during the development of the plans. The design calculations submitted shall adequately address the complete design of all structural elements. These calculations shall be neatly and logically presented on digital media or, at the COUNTY’s request, on 8 ½”x11” paper and all sheets shall be numbered. The final design calculations shall be signed and sealed by a Florida-registered professional engineer. A cover sheet indexing the contents of the calculations shall be included and the engineer shall sign and seal that sheet. All computer programs and parameters used in the design calculations shall include sufficient backup information to facilitate the review task. 9.1 Index of Drawings (Not applicable to this project) 9.2 Project Layout (Not applicable to this project) 9.3 General Notes and Bid Item Notes (Not applicable to this project) 9.4 Miscellaneous Common Details (Not applicable to this project) 9.5 Incorporate Report of Core Borings (Not applicable to this project) 9.6 Existing Bridge Plans (Not applicable to this project) 9.7 Assemble Computation Book and Quantities 9.8 Cost Estimate 9.9 Technical Special Provisions (Not applicable to this project) 9.10 Field Reviews (Not applicable to this project) 9.11 Technical Meetings 9.12 Quality Assurance/Quality Control Packet Pg. 582  9.13 Independent Peer Review (Not applicable to this project) 9.14 Supervision 9.15 Coordination 10 STRUCTURES - BRIDGE DEVELOPMENT REPORT (Not applicable to this project) 11 STRUCTURES - TEMPORARY BRIDGE (Not applicable to this project) 12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE (Not applicable to this project) 13 STRUCTURES - MEDIUM SPAN CONCRETE BRIDGE (Not applicable to this project) 14 STRUCTURES - STRUCTURAL STEEL BRIDGE (Not applicable to this project) 15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE (Not applicable to this 16 STRUCTURES - MOVABLE SPAN (Not applicable to this project) 17 STRUCTURES - RETAINING WALL (Not applicable to this project) 18 STRUCTURES - MISCELLANEOUS The CONSULTANT shall prepare plans for Miscellaneous Structure(s) as specified in Section 2.5. Concrete Box Culverts 18.1 Concrete Box Culverts (4 Locations) 18.2 Concrete Box Culverts Extensions (1 Location) Strain Poles 18.3 Steel Strain Poles (Not applicable to this project) 18.4 Concrete Strain Poles Mast Arms Packet Pg. 583  18.5 Mast Arms (Not applicable to this project) Overhead/Cantilever Sign Structure 18.6 Cantilever Sign Structures (Not applicable to this project) 18.7 Overhead Span Sign Structures (Not applicable to this project) 18.8 Special (Long Span) Overhead Sign Structures (Not applicable to this project) 18.9 Monotube Overhead Sign Structure (Not applicable to this project) 18.10 Bridge Mounted Signs (Attached to Superstructure) (Not applicable to this project) High Mast Lighting 18.11 High Mast Lighting Structures (Not applicable to this project) Sound Barrier Walls (Ground Mount) 18.12 Horizontal Wall Geometry (Optional Service) 18.13 Vertical Wall Geometry (Optional Service) 18.14 Summary of Quantities – Aesthetic Requirements (Optional Service) 18.15 Control Drawings (Optional Service) 18.16 Design for Wall Height Covered by Standards (Optional Service) 18.17 Design for Wall Height not Covered by Standards (Not applicable to this project) (Optional Service) 18.18 Aesthetic Details (Optional Service) Special Structures 18.19 Fender System (Not applicable to this project) 18.20 Fender System Access (Not applicable to this project) 18.21 Special Structures (Not applicable to this project) 18.22 Other Structures (Not applicable to this project) 19 SIGNING AND PAVEMENT MARKING ANALYSIS The CONSULTANT shall analyze and document Signing and Pavement Markings Packet Pg. 584  Tasks in accordance with applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 19.1 Traffic Data Analysis (Not applicable to this project) 19.2 No Passing Zone Study (Not applicable to this project) 19.3 Reference and Master Design File The CONSULTANT shall prepare the Signing & Marking Design file to include necessary design elements and associated reference files. 19.4 Multi-Post Sign Support Calculations (Not applicable to this project) 19.5 Sign Panel Design Analysis Establish sign layout, letter size and series for non-standard signs. 19.6 Sign Lighting/Electrical Calculations (Not applicable to this project) 19.7 Quantities 19.8 Computation Book (Included with roadway) 19.9 Cost Estimates (Included with roadway) 19.10 Technical Special Provisions (Not applicable to this project) 19.11 Other Signing and Pavement Marking Analysis (Not applicable to this project) 19.12 Field Reviews (Included with roadway) 19.13 Technical Meetings (Included with roadway) 19.14 Quality Assurance/Quality Control 19.15 Independent Peer Review (Not applicable to this project) 19.16 Supervision 19.17 Coordination 20 SIGNING AND PAVEMENT MARKING PLANS The CONSULTANT shall prepare a set of Signing and Pavement Marking Plans in accordance with the Plans Preparation Manual that includes the following. 20.1 Key Sheet Packet Pg. 585  20.2 Summary of Pay Items (Included with roadway) 20.3 Tabulation of Quantities 20.4 General Notes/Pay Item Notes 20.5 Project Layout (Not applicable to this project) 20.6 Plan Sheet 20.7 Typical Details 20.8 Guide Sign Work Sheet(s) 20.9 Traffic Monitoring Site (Not applicable to this project) 20.10 Cross Sections (Not applicable to this project) 20.11 Special Service Point Details (Not applicable to this project) 20.12 Special Details (Not applicable to this project) 20.13 Interim Standards (Not applicable to this project) 20.14 Quality Assurance/Quality Control 20.15 Supervision 21 SIGNALIZATION ANALYSIS The CONSULTANT shall analyze and document Signalization Analysis Tasks in accordance with all applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 21.1 Traffic Data Collection (Not applicable to this project) 21.2 Traffic Data Analysis The CONSULTANT shall determine signal operation plan, intersection geometry, local signal timings, pre-emption phasing & timings, forecasting traffic, and intersection analysis run. 21.3 Signal Warrant Study 21.4 Systems Timings The CONSULTANT shall determine proper coordination timing plans including splits, force offs, offsets, and preparation of Time Space Diagram. Packet Pg. 586  21.5 Reference and Master Signalization Design File The CONSULTANT shall prepare the Signalization Design file to include all necessary design elements and all associated reference files. 21.6 Reference and Master Interconnect Communication Design File (Not applicable to this project) 21.7 Overhead Street Name Sign Design (Not applicable to this project) 21.8 Pole Elevation Analysis 21.9 Traffic Signal Operation Report 21.10 Quantities 21.11 Cost Estimate (Included in roadway) 21.12 Technical Special Provisions (Not applicable to this project) 21.13 Other Signalization Analysis (Not applicable to this project) 21.14 Field Reviews (Included in roadway) 21.15 Technical Meetings 21.16 Quality Assurance/Quality Control 21.17 Independent Peer Review (Not applicable to this project) 21.18 Supervision 21.19 Coordination 22 SIGNALIZATION PLANS The CONSULTANT shall prepare a set of Signalization Plans in accordance with the Plans Preparation Manual, which includes the following. 22.1 Key Sheet 22.2 Summary of Pay Items Including CES Input 22.3 Tabulation of Quantities 22.4 General Notes/Pay Item Notes 22.5 Plan Sheet Packet Pg. 587  22.6 Interconnect Plans (Not applicable to this project) 22.7 Traffic Monitoring Site (Not applicable to this project) 22.8 Guide Sign Worksheet 22.9 Special Details (Not applicable to this project) 22.10 Special Service Point Details (Not applicable to this project) 22.11 Mast Arm/Monotube Tabulation Sheet 22.12 Strain Pole Schedule (Not applicable to this project) 22.13 TCP Signal (Temporary) (Included with TCP) 22.14 Temporary Detection Sheet 22.15 Utility Conflict Sheet 22.16 Interim Standards (Not applicable to this project) 22.17 Quality Assurance/Quality Control 22.18 Supervision 23 LIGHTING ANALYSIS (Not applicable to this project) 24 LIGHTING PLANS (Not applicable to this project) 25 LANDSCAPE ARCHITECTURE ANALYSIS (Not applicable to this project) 26 LANDSCAPE ARCHITECTURE PLANS (Not applicable to this project) 27 SURVEY The CONSULTANT shall perform survey tasks in accordance with applicable statutes, manuals, guidelines, standards, handbooks, procedures, and current design memoranda. The CONSULTANT shall submit survey notes and computations to document the surveys. Field survey work shall be recorded in approved media and submitted to the COUNTY. Field books submitted to the COUNTY must be of an approved type. The field books shall be certified by the surveyor in responsible charge of work being performed before the final product is submitted. Packet Pg. 588  The survey notes shall include documentation of decisions reached from meetings, telephone conversations or site visits. All like work (such as bench lines, reference points, etc.) shall be recorded contiguously. The COUNTY may not accept field survey radial locations of section corners, platted subdivision lot and block corners, alignment control points, alignment control reference points and certified section corner references. The COUNTY may instead require that these points be surveyed by true line, traverse or parallel offset. 27.1 Horizontal Project Control (HPC) Establish or recover HPC, for the purpose of establishing horizontal control on the Florida State Plane Coordinate System or datum approved by the COUNTY Surveyor (DS) or COUNTY Location Surveyor (DLS); may include primary or secondary control points. Includes analysis and processing of field collected data, and preparation of forms. 27.2 Vertical Project Control (VCP) Establish or recover VCP, for the purpose of establishing vertical control on datum approved by the COUNTY Surveyor (DS) or the COUNTY Location Surveyor (DLS).; may include primary or secondary vertical control points. Includes analysis and processing of field collected data, and preparation of forms. 27.3 Alignment and/or Existing Right of Way Lines Establish, recover or re-establish project alignment. Also includes analysis and processing of field collected data, existing maps, and/or reports for identifying mainline, ramp, offset, or secondary alignments. Depict alignment and/or existing R/W lines (in required format) per COUNTY R/W Maps, platted or dedicated rights of way. 27.4 Aerial Targets (Not applicable to this project) 27.5 Reference Points Reference HPNC points, project alignment, vertical control points, section, ¼ section, center of section corners and G.L.O. corners as required. 27.6 Topography/DTM (3D) Locate above ground features and improvements for the limits of the project by collecting the required data for the purpose of creating a DTM with sufficient density. Shoot break lines, high and low points. Effort includes field edits, analysis and processing of field collected data, existing maps, and/or reports. 27.7 Planimetric (2D) (Not applicable to this project) 27.8 Roadway Cross Sections/Profiles Perform cross sections or profiles. May include analysis and processing of field- collected data for comparison with DTM. Packet Pg. 589 27.9 Side Street Surveys (Not applicable to this project) 27.10 Underground Utilities Designation includes 2-dimensional collection of existing utilities and selected 3- dimensional verification as needed for designation. Location includes non-destructive excavation to determine size, type and location of existing utility, as necessary for final 3- dimensional verification. Survey includes collection of data on points as needed for designates and locates. Includes analysis and processing of all field collected data, and delivery of all appropriate electronic files. 27.11 Outfall Survey (Not applicable to this project) 27.12 Drainage Survey (Not applicable to this project) 27.13 Bridge Survey (Minor/Major) (Not applicable to this project) 27.14 Channel Survey Locate topographic features and improvements for the limits of the project by collecting the required data. Includes field edits, analysis and processing of field collected data, maps, and/or reports. 27.15 Pond Site Survey Refer to tasks of this document as applicable. 27.16 Mitigation Survey (Not applicable to this project) 27.17 Jurisdiction Line Survey Perform field location (2-dimensional) of jurisdiction limits as defined by respective authorities, also includes field edits, analysis and processing of field collected data, preparation of reports. 27.18 Geotechnical Support Perform 3-dimensional (X,Y,Z) field location, or stakeout, of boring sites established by geotechnical engineer. Includes field edits, analysis and processing of field collected data and/or reports. 27.19 Sectional/Grant Survey (Not applicable to this project) 27.20 Subdivision Location (Not applicable to this project) 27.21 Maintained R/W (Not applicable to this project) 27.22 Boundary Survey (Not applicable to this project) 27.23 Water Boundary Survey (Not applicable to this project) Packet Pg. 590 27.24 Right of Way Staking / Right of Way Line (Not applicable to this project) 27.25 Right of Way Monumentation Set R/W monumentation as depicted on final R/W maps for corridor and water retention areas. 27.26 Line Cutting Perform efforts required to clear vegetation from the line of sight. 27.27 Work Zone Safety Provide work zone as required by COUNTY standards. 27.28 Miscellaneous Surveys Refer to tasks of this document, as applicable, to perform surveys not described herein. The percent for Supplemental will be determined at negotiations. This item can only be used if authorized in writing by the COUNTY Surveyor (DS), COUNTY Location Surveyor (DLS) or their representative. 27.29 Supplemental Surveys Supplemental survey days and hours are to be approved in advance by CLS. Refer to tasks of this document, as applicable, to perform surveys not described herein. 27.30 Document Research Perform research of documentation to support field and office efforts involving surveying and mapping. 27.31 Field Review Perform verification of the field conditions as related to the collected survey data. 27.32 Technical Meetings Attend meetings as required and negotiated by the Surveying and Mapping COUNTY. 27.33 Quality Control/Quality Assurance Establish and implement a QAQC plan. Also includes subconsultant review, response to comments and any resolution meetings if required, preparation of submittals for review, etc. 27.34 Supervision Packet Pg. 591  Perform activities required to supervise and coordinate project. These activities must be performed by the project supervisor, a Florida P.S.M. or their delegate as approved by the District Surveying Office. 27.35 Coordination Coordinate survey activities with other disciplines. Unit is based on 3 percent of office support hours from tasks 1 through 28, where applicable.) These activities must be performed by the project supervisor, a Florida P.S.M. or their delegate as approved by the District Surveying Office. 28 PHOTOGRAMMETRY (Not applicable to this project) 29 MAPPING The CONSULTANT will be responsible for the preparation of control survey maps, right of way maps, maintenance maps, sketches, other miscellaneous survey maps, and legal descriptions as required for this project in accordance with applicable COUNTY Manuals, Procedures, Handbooks, District specific requirements, and Florida Statutes. Maps, surveys and legal descriptions will be prepared under the direction of a Florida Professional Surveyor and Mapper (PSM) to COUNTY size and format requirements utilizing COUNTY approved software, and will be designed to provide a high degree of uniformity and maximum readability. The CONSULTANT will submit maps, legal descriptions, quality assurance check prints, checklists, electronic media files and any other documents as required for this project to the COUNTY for review at stages of completion as negotiated. Master CADD File 29.1 Alignment 29.2 Section and 1/4 Section Lines (Not applicable to this project) 29.3 Subdivisions / Property Lines (Not applicable to this project) 29.4 Existing Right of Way (Not applicable to this project) 29.5 Topography 29.6 Parent Tract Properties and Existing Easements (Not applicable to this project) 29.7 Proposed Right of Way Requirements The ENGINEER OF RECORD (EOR) will provide the proposed requirements. The PSM is responsible for calculating the final geometry. Notification of Final Right of Way Requirements along with the purpose and duration of easements will be specified in writing. 29.8 Limits of Construction Packet Pg. 592  The limits of construction DGN file as provided by the EOR will be imported or referenced to the master CADD file. Additional labeling will be added as required. The PSM is required to advise the EOR of any noted discrepancies between the limits of construction line and the existing/proposed right of way lines, and for making adjustments as needed when a resolution is determined. 29.9 Jurisdictional/Agency Lines (Not applicable to this project) These lines may include, but are not limited to, jurisdictional, wetland, water boundaries, and city/county limit lines. Sheet Files 29.10 Control Survey Cover Sheet (Not applicable to this project) 29.11 Control Survey Key Sheet (Not applicable to this project) 29.12 Control Survey Detail Sheet (Not applicable to this project) 29.13 Right of Way Map Cover Sheet 29.14 Right of Way Map Key Sheet 29.15 Right of Way Map Detail Sheet 29.16 Maintenance Map Cover Sheet (Not applicable to this project) 29.17 Maintenance Map Key Sheet (Not applicable to this project) 29.18 Maintenance Map Detail Sheet (Not applicable to this project) 29.19 Reference Point Sheet This sheet(s) will be included with the Control Survey Map, Right of Way Map and Maintenance Map. 29.20 Project Network Control Sheet This sheet depicts the baseline, the benchmarks, the primary and secondary control points and their reference points including the type of material used for each point, their XYZ coordinates, scale factors and convergence angles. This sheet(s) may be included with the Control Survey Map, Right of Way Map and Maintenance Map. 29.21 Table of Ownerships Sheet Miscellaneous Surveys and Sketches 29.22 Parcel Sketches (Not applicable to this project) 29.23 TIITF Sketches (Not applicable to this project) Packet Pg. 593  29.24 Other Specific Purpose Survey(s) (Not applicable to this project) 29.25 Boundary Survey(s) Map 29.26 Right of Way Monumentation Map 29.27 Title Search Map (Not applicable to this project) 29.28 Title Search Report (Not applicable to this project) 29.29 Legal Descriptions 29.30 Final Map/Plans Comparison The PSM will perform a comparison of the final right of way maps with the available construction plans to review the correctness of the type of parcel to be acquired and the stations/offsets to the required right of way. The PSM will coordinate with the EOR to resolve any conflicts or discrepancies and provide documentation of the review. 29.31 Field Reviews 29.32 Technical Meetings 29.33 Quality Assurance/Quality Control 29.34 Supervision 29.35 Coordination 29.36 Supplemental Mapping (Not applicable to this project) 30 GEOTECHNICAL The CONSULTANT shall, for each project, be responsible for a complete geotechnical investigation. Work performed by the CONSULTANT shall be in accordance with COUNTY standards. The CONSULTANT shall notify the COUNTY in adequate time to schedule a representative to attend related meetings and field activities. CONSULTANT shall perform specialized field-testing as required by project needs. Testing and classification will be performed in accordance with applicable COUNTY standards, ASTM Standards or AASHTO Standards, unless otherwise specified in the Contract Documents. Standard Penetration Testing will be performed using an automatic hammer. Packet Pg. 594 30.1 Document Collection and Review CONSULTANT will review printed literature including topographic maps, county agricultural maps, aerial photography (including historic photos), ground water resources, geology bulletins, potentiometric maps, pile driving records, historic construction records and other geotechnical related resources. Prior to field reconnaissance, CONSULTANT shall review U.S.G.S., S.C.S. and potentiometric maps, and identify areas with problematic soil and groundwater conditions. Roadway The CONSULTANT shall be responsible for coordination of geotechnical related fieldwork activities. The CONSULTANT shall retain samples until acceptance of Final plans. 30.2 Develop Detailed Boring Location Plan Develop a detailed boring location plan. Meet with COUNTY Geotechnical Project Manager for boring plan approval. If the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole to the COUNTY for approval prior to commencing with the boring program. 30.3 Stake Borings/Utility Clearance Stake borings and obtain utility clearance. 30.4 Coordinate and Develop MOT Plans for Field Investigation Coordinate and develop Maintenance of Traffic (MOT) plan. Work zone traffic control will be performed in accordance with the FDOT’s Roadway and Traffic Design Standards Index 600 series. 30.5 Drilling Access Permits Obtain State, County, City, and Water Management District permits for performing geotechnical borings, as needed. 30.6 Property Clearances Notify property tenants in person of drilling and field activities, if applicable. Written notification to property owners/tenants is the responsibility of the COUNTY’s Project Manager. 30.7 Groundwater Monitoring Monitor groundwater, using piezometers. 30.8 LBR / Resilient Modulus Sampling Collect appropriate samples for Limerock Bearing Ratio (LBR) testing. Packet Pg. 595 30.9 Coordination of Field Work Coordinate field work required to provide geotechnical data for the project. 30.10 Soil and Rock Classification - Roadway Refine soil profiles recorded in the field, based on results of laboratory testing. 30.11 Design LBR Determine design LBR values from the 90% and mean methods. 30.12 Laboratory Data Tabulate laboratory test results for inclusion in the geotechnical report, the report of tests sheet (Roadway Soil Survey Sheet), and for any necessary calculations and analyses. 30.13 Seasonal High Water Table Review the encountered ground water levels and estimate seasonal high ground water levels. Estimate seasonal low ground water levels, if requested. 30.14 Parameters for Water Retention Areas Calculate parameters for water retention areas, exfiltration trenches, and/or swales. 30.15 Delineate Limits of Unsuitable Material Delineate limits of unsuitable material(s) in both horizontal and vertical directions. Assist the Engineer of Record with detailing these limits on the cross-sections. If requested, prepare a plan view of the limits of unsuitable material. 30.16 Electronic Files for Cross-Sections Create electronic files of boring data for cross-sections. 30.17 Embankment Settlement and Stability Estimate the total magnitude and time rate of embankment settlements. Calculate the factor of safety against slope stability failure. 30.18 Stormwater Volume Recovery and/or Background Seepage Analysis Perform stormwater volume recovery analysis as directed by the COUNTY. 30.19 Geotechnical Recommendations Provide geotechnical recommendations regarding the proposed roadway construction project including the following: description of the site/alignment, design recommendations and discussion of any special considerations (i.e. removal of unsuitable material, Packet Pg. 596 consolidation of weak soils, estimated settlement time/amount, groundwater control, high groundwater conditions relative to pavement base, etc.) Evaluate and recommend types of geosynthetics and properties for various applications, as required. 30.20 Pavement Condition Survey and Pavement Evaluation Report (Not applicable to this project) 30.21 Preliminary Roadway Report If a preliminary roadway investigation is performed, submit a preliminary roadway report before the Phase II plans submittal. The purpose of the preliminary roadway report will be to assist in setting road grades and locating potential problems.
Copies of U.S.G.S. and S.C.S. maps with project limits shown.
A report of tests sheet that summarizes the laboratory test results, the soil stratification (i.e. soils grouped into layers of similar materials) and construction recommendations relative to Standard Indices 500 and 505.
Results of tasks discussed in the previous section (Data Interpretation and Analysis).
An appendix that contains stratified soil boring profiles, laboratory test data sheets, sample embankment settlement and stability calculations, design LBR calculation/graphs, and other pertinent calculations.
The CONSULTANT will respond in writing to any changes and/or comments from the COUNTY and submit any responses and revised reports.
30.22 Final Report The Final Roadway Report shall include the following:
Copies of U.S.G.S. and S.C.S. maps with project limits shown.
A report of tests sheet that summarizes the laboratory test results, the soil stratification (i.e. soils grouped into layers of similar materials) and construction recommendations relative to Standard Indices 500 and 505.
Results of tasks discussed in the previous section (Data Interpretation and Analysis).
An appendix that contains stratified soil boring profiles, laboratory test data sheets, sample embankment settlement and stability calculations, design LBR calculation/graphs, and other pertinent calculations.
The CONSULTANT will respond in writing to any changes and/or comments from the COUNTY and submit any responses and revised reports.
30.23 Auger Boring Drafting Draft auger borings as directed by the COUNTY. 30.24 SPT Boring Drafting Draft SPT borings as directed by the COUNTY. Packet Pg. 597  Structures (Not applicable to this project) 30.47 Other Geotechnical (Not applicable to this project) 30.48 Technical Special Provisions 30.49 Field Reviews Identify and note surface soil and rock conditions, surface water conditions and locations, and preliminary utility conflicts. Observe and note nearby structures and foundation types. 30.50 Technical Meetings 30.51 Quality Assurance/Quality Control 30.52 Supervision 30.53 Coordination 30.54 Optional Preliminary Contamination Assessment (Not applicable to this project) 31 ARCHITECTURE DEVELOPMENT (Not applicable to this project) 32 NOISE BARRIERS IMPACT DESIGN ASSESSMENT IN THE DESIGN PHASE The CONSULTANT shall perform the services necessary to reassess noise abatement identified as reasonable and feasible during the Project Development and Environmental (PD&E) phase, as directed and clarified by the COUNTY. The noise barrier impact assessment shall be performed by a person knowledgeable in traffic noise analysis and approved by the District. 32.1 Noise Barriers Analysis (Not applicable to this project) 32.2 Noise Barrier Evaluation Any noise barrier analysis performed by the CONSULTANT will include the following: Barrier heights and lengths will be evaluated using the latest version of the Federal Highway Administration’s Traffic Noise Model (TNM) and identified on the state plane coordinate system. The CONSULTANT will present the data along with a recommendation to the COUNTY for selection of the barrier height and length to be incorporated into the design plans. This recommendation shall consider noise barrier performance, cost (reasonableness) and engineering constraints. Packet Pg. 598  When performing the design phase analysis, the CONSULTANT shall incorporate into the analysis all pertinent engineering details developing during the Design Phase. An evaluation of proposed barriers will be performed to identify any engineering conflicts or constraints. As part of this evaluation, the CONSULTANT will prepare a summary package for distribution to various disciplines involved in the review. The CONSULTANT will be responsible for documenting any resolutions to engineering conflicts or issues that precluded the construction of a noise barrier. At a minimum, the review will consider the following:
Right of way needs including access rights (air, light, view, ingress/egress, outdoor advertising conflicts)
Limited access issues
Adequate easement for maintenance
Design Review for construction and/or maintenance issues
Structural and vegetative restrictions within easement
Utility conflicts
Drainage issues
Safety Issues (e.g., line of site)
Environmental Issues (e.g., wetland impacts) After determining the height and length of the barriers, the CONSULTANT shall coordinate with design engineers and District Noise Specialist to locate the barriers on the design plans. The CONSULTANT shall re-analyze noise barriers for feasibility and reasonableness and re-establish barrier height and length if design constraints require alteration in the barrier location or dimensions. The CONSULTANT shall make a determination as to the accuracy of the elevation data needed to perform the Design Phase analysis and any noise barrier evaluation (Section 32.3). The CONSULTANT shall review existing elevation data and elevation data to be provided under Section 27 (Survey) to determine if elevations for roadways, existing berms/walls, receiver points and ground elevation where noise barrier(s) are evaluated, etc. are sufficient to accurately perform the Design Phase analysis. In coordination with the COUNTY, the CONSULTANT shall be responsible for determining the number and location of additional spot elevations needed to adequately simulate site specific conditions in the noise model to ensure that entered model elevations are within ±2 feet of actual/proposed. Assume up to twenty (20) spot elevations will be required unless a different number is agreed to by the COUNTY. 32.3 Public Involvement If noise barriers are determined to be reasonable and feasible and a commitment to provide noise abatement is made, the CONSULTANT shall carry out the Public Involvement necessary to inform the COUNTY whether or not the majority of benefited receivers desire the construction of a noise barrier and obtain input from them regarding barrier aesthetics (color and texture).The CONSULTANT shall be responsible for coordinating with local government officials. If supported by the public, the CONSULTANT shall design the noise barrier. Packet Pg. 599  The CONSULTANT may also be required to conduct Public Meetings or Workshops to address general noise issues with adjacent property owners. The number of meetings is project specific. For all meetings, The CONSULTANT is responsible for preparing all necessary display items or handouts, arranging meeting locations, notifying the public of the meetings and conducting the meetings. The number of meetings is project specific. The CONSULTANT shall bring to the attention of the COUNTY unforeseen information and issues which are relevant to the project decision. The CONSULTANT shall abstain from indicating preferences for any of the barrier options prior to or during the property owners’ workshop unless specifically requested to do so by the COUNTY. The CONSULTANT shall mark development plans per individual property owner requests, etc., regarding the effect of the project on the properties in question as directed by the COUNTY. The plans should note the available noise barrier materials (approved for inclusion in the Qualified Products List) that will meet the project and aesthetic requirements. The CONSULTANT shall conduct a Public Hearing as identified in Section 32.4 of this Scope, as required. 32.4 Outdoor Advertising (Not applicable to this project) 32.5 Noise Study Report Addendum The CONSULTANT shall document the results of the Design Phase traffic noise/noise barrier analysis and Public Involvement effort in a Noise Study Report Addendum. This report shall contain a complete representation of the project files. This shall include at a minimum, examples of all correspondence (i.e. letters, etc…), any mailing list(s), copies of all completed survey forms and return receipts and TNM input/output files. The CONSULTANT will provide an electronic copy of the report, in PDF format, as well as all TNM input/output files that support the information documented in the report. A brief “read.me” file shall also be provided with the TNM files to explain the file naming procedure. The “read.me” file will facilitate locating modeling results documented in the report. 32.6 Barrier Material (Not applicable to this project) 32.7 Field Reviews Field reviews will be conducted by the CONSULTANT and shall include but not be limited to: Verify the appropriateness of providing noise barriers at a given location and to verify that the placement of a noise barrier will be consistent with COUNTY requirements for sight distance, utility clearances, construction, and maintenance. Packet Pg. 600  Verify land use changes and building permits with respect to the Project’s date of Public Knowledge. 32.8 Technical Meetings Prior to proceeding with the noise barrier analysis, the CONSULTANT shall meet with the appropriate COUNTY Project Manager and the District Noise Specialist. The purpose of this meeting is to provide information to the CONSULTANT that will better coordinate the noise barrier analysis efforts. This meeting is MANDATORY and is to occur after the Notice to Proceed is given to the CONSULTANT before beginning the noise barrier analysis. In addition, the CONSULTANT shall schedule the necessary meetings with appropriate COUNTY staff (Project Manager and District Noise Specialist) to facilitate coordination of the noise barrier analysis decisions. It is the responsibility of the CONSULTANT to undertake the necessary action (i.e. phone calls, meetings, correspondence, etc…) to ensure that COUNTY staff (Project Manager and District Noise Specialist) is kept informed of the noise barrier analysis efforts so that these tasks are accomplished in a manner that will enhance the overall success of the project. 32.9 Quality Assurance/Quality Control 32.10 Supervision 32.11 Coordination 33 Intelligent Transportation Systems Analysis (Not applicable to this project) 34 Intelligent Transportation System Plans (Not applicable to this project) 35 PROJECT REQUIREMENTS 35.1 Liaison Office The COUNTY and the CONSULTANT will designate a Liaison Office and a Project Manager who shall be the representative of their respective organizations for the Project. While it is expected the CONSULTANT shall seek and receive advice from various state, regional, and local agencies, the final direction on matters of this project remain with the COUNTY Project Manager. 35.2 Key Personnel The CONSULTANT’s work shall be performed and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by COUNTY. 35.3 Progress Reporting Packet Pg. 601  The CONSULTANT shall meet with the COUNTY as required and shall provide a written progress and schedule status reports that describe the work performed on each task. Progress and schedule status reports shall be delivered to the COUNTY concurrently with the monthly invoice. The Project Manager will make judgment on whether work of sufficient quality and quantity has been accomplished by comparing the reported percent complete against actual work accomplished. 35.4 Correspondence Copies of written correspondence between the CONSULTANT and any party pertaining specifically to this contract shall be provided to the COUNTY for their records within one (1) week of the receipt or mailing of said correspondence. 35.5 Professional Endorsement The CONSULTANT shall have a Registered Professional Engineer in the State of Florida sign and seal reports, documents, and plans as required by COUNTY standards. 35.6 Computer Automation The project will be developed utilizing Computer Aided Drafting and Design (CADD) systems. The COUNTY makes available software to help assure quality and conformance with policy and procedures regarding CADD. It is the responsibility of the CONSULTANT to meet the requirements in the FDOT’s CADD Manual. The CONSULTANT will submit final documents and files as described therein. 35.7 Coordination with Other Consultants The CONSULTANT is to coordinate his work with any and adjacent and integral consultants so as to effect complete and homogenous plans and specifications for the project(s) described herein. 35.8 Optional Services At the COUNTY’s option, the CONSULTANT may be requested to provide optional services. The fee for these services shall be negotiated for a fair, competitive and reasonable cost, considering the scope and complexity of the project(s). Additional services may be authorized by Letter of Authorization or supplemental amendment in accordance with paragraph 2.00 of the Standard Consultant Agreement. The additional services may include Construction Assistance, Review of Shop Drawings, Final Bridge Load Rating, update (Category II) bridge plans electronically (CADD) for the Final "As-Built" conditions, based on documents provided by the COUNTY (CADD Services Only) or other Services as required. 36 INVOICING LIMITS Payment for the work accomplished will be in accordance with Method of Compensation of this contract. Invoices shall be submitted to the COUNTY, in a format prescribed by the COUNTY. The COUNTY Project Manager and the CONSULTANT shall Packet Pg. 602 monitor the cumulative invoiced billings to insure the reasonableness of the billings compared to the project schedule and the work accomplished and accepted by the COUNTY. The CONSULTANT will provide a list of key events and the associated total percentage of work considered to be complete at each event. This list will be used to control invoicing. Payments will not be made that exceed the percentage of work for any event until those events have actually occurred and the results are acceptable to the COUNTY. Packet Pg. 603 Packet Pg. 604 Packet Pg. 605  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: Payment for Waste Tire Removal DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Contract C05-1115-PW for waste tire removal expired on September 30, 2014. As a new contract has not been established to provide these services, Little Tire Hauling has continued to perform the necessary services in accordance with the prior contract. The request is being made to authorize payment to Little Tire Hauling for services rendered beyond the term of the contract. BACKGROUND: Okaloosa County has utilized the services of Little Tire Hauling for several years to manage the hauling and disposal of waste tires generated by residents, businesses, and Fleet Operations. A request for proposals to perform waste tire hauling services was advertised on-line prior to the expiration of the current contract and unfortunately there were no responses. Vendors were apparently unaware of the advertisement. In response, staff has re-advertised the request for quotes and specifically notified three vendors that provide this service in this region. This request for quotes is due October 31, 2014. In the meantime the County continues to have a need for waste tire disposal in order to remain compliant with Florida Department of Environmental Protection regulations. Little Tire Hauling has agreed to continue performing the services at the past contract rate, however authorization from the Board of County Commissioners is required since the original contract has lapsed. Staff is requesting authorization to pay any and all invoices provided by Little Tire Hauling subsequent to October 1, 2014 at the original contract rate ($110 per ton for hauling and disposal) until a new contract is prepared and authorized. On average the cost for this service is approximately $1,000 per month; it is anticipated that a new waste tire removal contract will be in place within three months. We are requesting authorization to pay any and all invoices provided by Little Tire Hauling subsequent to October 1, 2014 at the price of $110 per ton for hauling and disposal until a new contract, based on the quotes received on Oct 31, is prepared. The annual amount estimated for the cost of waste tire management is $12,000. OPTIONS: Approve/Disapprove authorization for payment of invoices from Little Tire Hauling for services performed subsequent to October 1, 2014 for waste tire hauling removal until such time that a new contract for the same services is approved by the Board of County Commissioners. RECOMMENDATIONS: Approve authorization for payment of invoices from Little Tire Hauling for services performed subsequent to October 1, 2014 for waste tire removal until such Packet Pg. 606 time that a new contract for the same services is approved by the Board of County Commissioners. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 607  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Shoal River Buffer Land Acquisition - Purchase Approval DEPARTMENT: Water and Sewer BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests that the Board of County Commissioners (BCC) approve the purchase of land for the Shoal River Buffer and authorize the Chairman to execute a Resolution, Purchase & Sale Agreement, Restrictive Use Easement, and Closing Documents. This land purchase is funded by the Readiness and Environmental Protection Integration (REPI) program and Defense Infrastructure Grants (DIG). The Shoal River Buffer Land Acquisition benefits both the Air Force (Duke Field flight path) and Okaloosa County (watershed protection for future water supply). BACKGROUND: See attached files: "OCWS Future Water Supply Update" - explains the need, background, and history. Note this is from the 12/3/2013 BCC presentation. "OCWS Future Water Supply Plan (Map)" - depicts the current plan/strategy, after years of planning. This map shows potential locations for the following infrastructure: surface water treatment plant, off-line reservoir, river intake structure, raw water pumping station, transmission lines, roads, and the Gulf Power transmission line relocation. "2010 Implementation Plan (Updated)" - the BCC approved this plan in February 2010. At the time, it was an unfunded road map. Since then, we have entered into as many partnerships as possible - Northwest Florida Water Management District, Eglin Air Force Base, and the U.S. Army Corps of Engineers - to accomplish many items on this Implementation Plan. Items highlighted in green are completed, and items highlighted in yellow are underway. "REPI Map" - this is Exhibit B of the REPI Cooperative Agreement and functions as a map of potential land to be purchased for the Shoal River Buffer Land Acquisition. In addition to the above-mentioned background items, the following documents are attached for your consideration, with an explanation below: - County Contract Review Coordination Sheet for the Resolution and Restrictive Use Easement - Resolution - Restrictive Use Easement - County Contract Review Coordination Sheet for the Purchase & Sale Agreement - Purchase & Sale Agreement At the 12/3/2013 meeting, the BCC authorized staff to move forward with the Shoal River Buffer Packet Pg. 608 Land Acquisition with the grant funding that has been obtained. The BCC also authorized staff to negotiate with the property owner and bring back a contract for approval and execution. At the 4/15/2014 meeting, the BCC approved and executed the Cooperative Agreement with the Air Force, which consolidated REPI funding from previous years and committed the County to put land into a type of conservation easement formally known as a Restrictive Use Easement (RUE). The land in the RUE will come from both the proposed land purchase and the existing acreage along the Shoal River that the County purchased in 2007. Since the 4/15/2014 BCC meeting, two independent land appraisals have been completed per State Statutes & Air Force standards. The Seller has agreed to a purchase price equal to the average of the two appraisals. What staff is asking for your consideration and approval today is essentially the execution of the agreements and concepts that the Board approved at the 12/3/2013 and 4/15/2014 BCC meetings, related to the Air Force (mission protection and enhancement) and Okaloosa County (watershed protection). Therefore, for your consideration and approval today is a Resolution regarding the purchase of the property. With this Resolution, the BCC would be: 1) approving the attached Purchase & Sale Agreement and authorizing the Chairman or Vice-Chairman to execute, 2) approving the attached Restrictive Use Easement (RUE) and authorizing the Chairman or Vice-Chairman to execute, 3) authorizing the Chairman or Vice-Chairman, or their designee to execute and deliver any and all documentation related to the closing documents, and 4) authorizing the Chairman and County staff to perform the requirements of the Purchase & Sale Agreement, the Cooperative Agreement, the Defense Infrastructure Grant (DIG) Agreements, the RUE, and this Resolution. For example, should a time extension be necessary, the Chairman or Vice-Chairman, or their designee, is authorized to execute such an extension. Also included in the closing documents will be the RUE dedicated to the Air Force; thus, creating the buffer. The attached RUE has been negotiated with the Air Force and has been through County Contract Review. However, it still has to go through final Air Force review, which typically happens after the Purchase & Sale Agreement is signed. Please understand that the BCC approval of the RUE is subject to final revisions by the Air Force and County legal counsel. This document will be one of many executed on or around the date of closing. Through the REPI program, the Air Force is expected to wire the necessary money stipulated in the Cooperative Agreement. DIG monies will be fronted by OCWS' reserve and reimbursed by Enterprise Florida, Inc. (EFI) via the executed grant agreements. Both the REPI and DIG grants include both land acquisition costs and closing costs. The land purchase price and closing costs should be covered 100% by the above-mentioned grants; however, in the event that the closing costs push the total amount needed over the grant money available, a small amount of additional money (less than $50K) could be needed from OCWS’ budget, where money is available in 411- 4120-561300. County Contract Review has been completed and the Coordination Sheets are attached for your review. In addition, Nabors Giblin Nickerson is serving as the real estate attorney to manage the closing and ensure all local, state, and federal requirements are met. The attached Purchase & Packet Pg. 609 Sale agreement stipulates the closing by 12/31/2014, unless a delay is mutually agreeable to the parties. Staff is planning for a closing the 2nd or 3rd week in December, before the holidays. OPTIONS: Approve or deny. RECOMMENDATIONS: OCWS staff recommends BCC approval for the purchase of land to serve as the Shoal River Buffer and authorize the Chairman to execute a Resolution, Purchase & Sale Agreement, Restrictive Use Easement, and Closing Documents. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 610  Okaloosa County Future Water Supply Planning Update Water The Need Background and History Next Steps Subtitle placed here November 2013 Packet Pg. 611 The Need  Water customers in Okaloosa County are served by OCWS and several other utilities  Drinking water supply relies on wells in the Floridan Aquifer  Water levels in the Floridan Aquifer have been declining since the 1950’s and further declines are not sustainable Packet Pg. 612 The Need  Okaloosa County will need additional water sources to: – Sustain County’s economic and population growth – Protect Floridan Aquifer and prevent saltwater intrusion – Provide for conjunctive use Packet Pg. 613 Planning Background and History  Early 1990’s – Northwest Florida Water Management District and OCWS began to foresee the need for future water supply planning  Mid 1990’s thru Mid 2000’s – Initial studies were performed by various groups (USACE and NWFWMD primarily) on potential sources throughout Okaloosa County.  1999 – Creation of the Regional Utility Authority (RUA) Packet Pg. 614 Planning Background and History  2004 – Construction of a 21-mile 30-inch pipeline with two 1-MG tanks thru Eglin AFB.  2006 – Northwest Florida Water Management District contracted with PBS&J to study potential water supply alternatives.  2006 – Purchased 353 acres along the Shoal River for future utilization.  2008 – OCWS formed a Future Water Supply Committee consisting of local concerned citizens. Packet Pg. 615 Planning Background and History  2008 – OCWS contracted CH2M HILL to assist OCWS and the Future Water Supply Committee with studying future water supply.  2009-10 - Two Riverbank Filtration Studies Performed to Evaluate Suitability of Shoal River.  2010 – In February, Okaloosa Board of County Commissioners Approved a 4-Year Implementation Plan.  2010-13 – In partnership with the USACE and OCWS, CH2M HILL has performed three tasks under the USACE’s Planning Assistance to States Program which provides for a 50/50 cost-share for work performed. In total, the partnership has performed almost $700,000 in studies with OCWS contribution $350,000. Packet Pg. 616 Planning Background and History  2013 – OCWS met with NWFWMD to discuss status of land acquisition. NWFWMD has not budgeted for land acquisition in their FY14 budget and has no firm timeline when or if land acquisition will be funded. NWFWMD preference is for OCWS to lead this effort. Packet Pg. 617 Planning Background and History  2013 - Shoal River Land Acquisition was submitted to the FDEP for consideration for Pot #2 of the RESTORE Act and NFWF funding. Packet Pg. 618 Next Steps  Safe Yield Analysis on Shoal River (aka Water Use Permit) - Perform preliminary analysis to determine the feasibility of withdrawing up to 10-million gallons per day from the Shoal River.  Utilize existing REPI and DIG Grants obtained in partnership with Eglin AFB to purchase land parcels north of Eglin AFB, south of I-10 and near the Shoal River for both source water protection, military buffer, and potential water treatment plant site. Packet Pg. 619  Next Steps  All three REPI Grants require a match – The match for REPI 1 is the OCWS’s existing 353 acres along the Shoal River. – The match for REPI 2 and 3 is the DIG Grant 2 and 3.  DIG 1 is also available and is intended to partner with NWFWMD to purchase the reservoir property.  Grant Utilization Plan – Utilize REPI 2 and 3 matched with DIG 2 and 3, respectively, to purchase land in the targeted area and place all land within a restrictive use easement with Eglin AFB. The land acquisition may also include additional phases of REPI & DIG. – Seek an extension for DIG 1 from current expiration date of 12/23/13 to allow for more time to coordinate with the NWFWMD and determine whether they are going to assist with the land acquisition. Land purchased with DIG 1 will not be required to be placed within a restrictive use easement, thus it has more flexibility. Packet Pg. 620 Next Steps Packet Pg. 621 Shoal River Buffer Land Acquisition – Moving Forward with REPI & DIG - Retain real estate attorney to manage closing and ensure all local, state, and federal requirements are met. – Obtain asking price and questionnaire from property owner. – Conduct 2 land appraisals in conformance with State Statutes & Air Force standards. – Negotiate with property owner and sign contract (will bring back to BCC for approval and execution). Packet Pg. 622 (continued) – During contract period (6-12 months): • Survey • Environmental Baseline Survey • Title work & insurance • Restrictive Use Easement reviewed & signed by Air Force – Obtain money from Eglin AFB for the land purchase and allowable transaction costs. – Closing • Okaloosa County would now own the property • Restrictive Use Easement to the Air Force would be executed * Note: All land acquisition costs & closing costs are reimbursable through REPI & DIG grants. However, in moving forward with this process, OCWS assumes the financial risk on any expenses should we not close on the property. These expenses are minimal compared to the benefit. Packet Pg. 623  I-10 Rest Area § ¦ ¨ 10 HAISEAL TIMBER CO (119 Acres) LEXINGTON r i ve PARKE II S h oa l R (136 Acres) LEXINGTON PARKE II Existing 30" Water Main 2 Acres LEXINGTON 42" Raw Water PARKE II Proposed NWFWMD Liv 24" Potable Water HAISEAL Pump Station Intake (228 Acres) Property Purchase eO TIMBER CO Existing Main (to Distribution) (243 Acres) ak 16" Water Main Ch urc hR oad $ Proposed Water Airman's Memorial Treatment Plant Raw Water $ $ 30' Wide Pump Station Utility Easement 24" Raw Water Main (to WTP) HART MAX LEXINGTON ET AL PARKE II 24" Raw Water Main LEXINGTON (to Reservoir) PARKE II HAISEAL TIMBER CO Reservoir Pump Station HAISEAL TIMBER CO HAISEAL HAISEAL U S GOVT TIMBER CO TIMBER CO Proposed WTP and Reservoir HAISEAL r eek Access Right-of-Way TIMBER CO Titi C HAISEAL TIMBER CO Extension of Little Silver Road Asphalt Little Silver Road Packet Pg. 624 $ Legend Existing Okaloosa County Property (353 Acres) Proposed Gulf Power Transmission Line Relocation Easement Preliminary Okaloosa County Reservoir and Potential Property Acquisition Outside of Proposed NWFWMD Parcel 0 500 1,000 2,000 Water Treatment Plant Watershed Boundary Feet May 25, 2011 GNV C:\GIS\360358.A0 OKALOOSA WTR\OKALOOSA_PRIMARY_SITE.MXD 05/11/2011 IMPLEMENTATION PLAN PRELIMINARY BUDGET AND SCHEDULE FY 2010 FY 2011 FY 2012 FY 2013 Total Proof-of-Concept, Land Acquisition and Permitting 1 1 1. Preliminary Geotechnical Analysis $15,000 /$65,000 $15,000 /$65,000 1 1 2. Safe Yield Analysis on Shoal River and Unnamed Tributary $50,000 $50,000 1 1 3. Phase I Environmental Site Assessment $8,000 $8,000 4. Site Evaluation – WTP, Raw Water Intake, RWPS and Conveyance Sites $75,000 $75,000 1 1 5. Land Appraisal – WTP, Raw Water Intake, RWPS and Storage Reservoir $20,000 $20,000 1,2 1,2 1,2 6. Land Acquisition – WTP, Raw Water Intake, RWPS and Storage Reservoir $TBD $TBD $TBD 1 1 7. Wetland Investigation and Permitting $75,000 $50,000 $75,000 /$50,000 1 1 8. Cultural Resource Investigation $35,000 $35,000 Preliminary Evaluation of WTP, Raw Water Intake, RWPS, Conveyance, and Storage Reservoir 1. Shoal River Water Quality Characterization and Treatment Alternative Evaluation $50,000 $50,000 2. Bench-Scale Treatability Study $100,000 $100,000 3. Pilot-Testing of Treatment Alternatives (if needed) $50,000 $75,000 $125,000 4. Treatment Alternative Selection $30,000 $30,000 5. WTP, Raw Water Intake, RWPS, Storage Reservoir and Conveyance System Facility $300,000 $300,000 Plan Existing System Evaluation 1. Hydraulic Model and Evaluation of Distribution System $150,000 $25,000 $175,000 2. Water Demand Projections $40,000 $40,000 2 2 2 Total Cost (NWFWMD) $203,000+TBD $TBD $0 $0 $203,000+TBD Total Cost (OCWS) $140,000 $140,000 $300,000 $430,000 $1,010,000 1 2 Portion of Task Funded and Performed by Northwest Florida Water Management District; TBD includes to be determined cost of land purchases. Activities highlighted in Green are complete. Activities highlighted in Yellow are underway. Packet Pg. 625  EXHIBIT B T03NR23W21 T03NR23W22 T03NR23W23 T03NR23W24 T03NR22W19 T03NR23W27 T03NR23W28 T03NR23W26 T03NR23W25 T03NR22W30 T03NR23W33 T03NR23W34 T03NR23W35 T03NR23W36 T03NR22W31 T02NR23W04 T02NR23W03 T02NR23W02 T02NR23W01 T02NR22W06 T02NR23W09 T02NR23W10 T02NR23W11 T02NR23W12 T02NR22W07 T02NR23W16 T02NR23W15 T02NR23W14 T02NR23W13 T02NR22W18 SHOAL RIVER PROJECT AREA ¯ HAISEAL TIMBER CO PARCELS OKALOOSA COUNTY PARCELS DUKE FIELD APPROACH DEPARTURE CLEARANCE SURFACE SECTIONS PROPERTY APPRAISER PARCELS 5000 2500 0 5000 10000 MILITARY INSTALLATION BOUNDARY Packet Pg. 626 Feet Packet Pg. 627 Packet Pg. 628  RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY FLORIDA AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY; AUTHORIZING CONVEYANCE OF A DEED OF EASEMENT; APPROVING THE PURCHASE AND SALE AGREEMENT; APPROVING THE DEED OF EASEMENT; APPROVING AND AUTHORIZING THE CHAIR OR VICE CHAIR, OR THEIR DESIGNEE, TO EXECUTE SUPPORTING DOCUMENTS; PROVIDING GENERAL AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 125 Florida Statutes and the constitutional home rule powers of Okaloosa County authorize the County to acquire and convey real property; WHEREAS, the County has determined that the purchase of property in the Shoal River area will help preserve and protect an important water resource in the County; WHEREAS, the County previously entered into a Cooperative Agreement dated April 21, 2014 with The United States of America through the Secretary of the Air Force (“Cooperative Agreement”) pursuant to which the Air Force will provide grant funds to assist in acquiring the property in exchange for a Deed of Easement (Restrictive Use Easement) over portions of the property to protect military test and training capabilities and preserve compatible land uses; WHEREAS, the County previously entered into the following Defense Infrastructure Grant (“DIG”) Agreements with Enterprise Florida, Inc. to provide grant funds for acquiring property to protect military test and training capabilities and preserve compatible land uses: DIG 12-03, dated January 3, 2012; DIG 13-03, dated January 9, 2013; DIG 14-04, dated 6/20/2014; and, WHEREAS, the property to be acquired has been appraised by two independent appraisers and the purchase price reflects the average of the two appraised values. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY FLORIDA: 1. The recitals set forth above are true and correct and are incorporated into this Resolution. 2. The Purchase and Sale Agreement by and between the County and Haiseal Timber Company attached hereto as Appendix “A” (“Agreement”), is hereby approved. The Chair or Vice Chair, or their designee, is hereby authorized to execute the Agreement. 3. The Deed of Easement (Restrictive Use Easement) in favor of The United States of America attached hereto in substantially final form as Appendix “B” (“Easement”) is hereby Packet Pg. 629 approved. The Chair or Vice Chair, or their designee, is hereby authorized to execute the Easement on or around the date of closing on the property. 4. The Chair or Vice Chair, or their designee, are hereby authorized and directed to execute and deliver all documents, papers, certificates, and instruments and take all actions necessary and proper to effect: (i) the acquisition of the property described in the Agreement including, but not limited to, execution of closing documents; and (ii) the terms of the Cooperative Agreement and Easement. 5. The Chair and County staff are hereby authorized to do all acts and things required, consistent with this Resolution and the Agreement, for the full, punctual and complete performance of all requirements of the Agreement, the Cooperative Agreement, Defense Infrastructure Grant (DIG) Agreements, the Easement and this Resolution. The Vice Chair, or a designee of the Chair or Vice Chair, is authorized to do all things required of the Chair by this Resolution in his absence or unavailability. 6. This Resolution shall be liberally construed to effect the purposes hereof and shall take effect immediately upon its adoption. PASSED AND DULY ADOPTED at a meeting of the Board of County Commissioners of Okaloosa County on the ___ day of November, 2014. OKALOOSA COUNTY, FLORIDA, a political subdivision of the State of Florida By:___________________________________ Charles K. Windes, Jr., Chairman Board of County Commissioners ATTEST: ___________________________________ J D Peacock, II Clerk Ad Interim APPROVED AS TO FORM AND CORRECTNESS: By: Gregory T. Stewart County Attorney 2 Packet Pg. 630  Appendix “A” Purchase and Sale Agreement 3 Packet Pg. 631  Appendix “B” Restrictive Use Easement 4 Packet Pg. 632  (Leave blank for required recording information) DEED OF EASEMENT THIS DEED OF EASEMENT is made this ____ day of ___________, 2014, by the Okaloosa County Board of County Commissioners, a political subdivision of the State of Florida, 1804 Lewis Turner Blvd, Suite 100, Fort Walton Beach, Florida 32547, the “Grantor," and The United States of America (the "Grantee"). When used in this Easement, unless the context otherwise specifies, “Grantor” includes the heirs, personal representatives, successors and assigns), and “Grantee” includes the assigns of The United States of America and the successors of the Secretary of the Air Force. The Grantor and the Grantee may be collectively referred to as “Parties,” or each may be referred to as a “Party.” WITNESSETH In consideration of One Million One Hundred Thousand AND NO/100 DOLLARS ($1,100,000.00), the receipt thereof, and the mutual covenants, terms, and conditions contained in this Easement, the Grantor hereby grants and conveys to the Grantee a restrictive use easement in perpetuity (this “Easement”) on and over the land described in Exhibit A, hereafter known as the Shoal River Military Installation Buffering Project (the “Property”), on terms and conditions as set forth in this Easement. The acquiring Federal agency is the Department of Defense, United States Air Force pursuant to 10 U.S.C. § 2684a. The Grantor will own the Property in fee simple title and the Grantee will have its easement interest in the Property as set forth in this Restrictive Use Easement. 1. Purpose. It is the purpose of this Easement to limit any development or use of the Property that would otherwise be incompatible with the mission of Eglin AFB, Florida (the “Installation”), or might interfere, whether directly or indirectly, with current or future military training, testing, or operations on or near the Installation. Packet Pg. 633  2. Rights of the Grantee. To accomplish the purpose of this Easement, the Grantor conveys the following rights to the Grantee(s): a. To limit any development or use of the Property that would otherwise be incompatible with the mission of the Installation; provided the exercise of such right does not prohibit the restoration, preservation or protection of a wetland, stream or habitat conservation area for purposes of mitigation banking or conservation activities (including the granting of wetland mitigation credits, conservation easements, and related activities) and the location or relocation of access roads, utilities (overhead and underground) and related facilities. b. To enter upon the Property at reasonable times in order to monitor compliance with, and enforce the terms of this Easement; provided, the entry shall be made after giving reasonable notice to the Grantor as each circumstance may permit, and the Grantee shall not unreasonably interfere with use and quiet enjoyment of the Grantor of the Property; and c. To prevent any activity on, or use of, the Property inconsistent with the purpose of this Easement, and to require the restoration of areas or features of the Property which may be damaged by any inconsistent activity or use, pursuant to Sections 3 and 4 below. 3. Prohibited Uses. The Grantor is prohibited from any activity or use of the Property inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: a. Subdivision of the Property, residential development at greater density than current residential use, and general commercial activities; provided this does not prohibit passive recreational uses, continuation of existing activities, and agricultural uses, including production and management of livestock, crops, trees, and other vegetation, as well as aquiculture (including the related activities of tillage, fertilization, pest control, and harvesting as well as the feeding, housing, training and maintenance of animals such as cows, sheep, goats, hogs, horses, and poultry.) b. No structure or tree may exceed 80 feet above ground level other than overhead electric power transmission lines and poles pursuant to previously granted utility easement or future utility easement to accommodate additional or relocated facilities. c. No lighting shall be permitted that may be dangerous, distracting, or misleading to aircraft operating from the Installation. This type of lighting includes, but is not limited to, strobe lights, non-emergency vehicle rotating beacons, or light sources above 16,000 lumens. Light sources above 16,000 lumens must be angled 15 degrees below the horizon. 2 Packet Pg. 634  d. No operations of any type shall be permitted that produce smoke, glare, or other visual hazards, or that encourage large concentrations of birds that may be dangerous for aircraft operating from the Installation, unless approved in writing by Grantee. e. Notwithstanding the prohibitions in this section, the Parties recognize and agree certain third parties reserved mineral rights, utility easements, and other interests in the Property prior to Grantor’s acquisition and such interests will not be limited by this Deed. However, Grantor shall use its best efforts to abate or mitigate any potential interference or adverse effect the exercise of rights afforded by such interests may cause to the mission of the Installation. 4. Enforcement and Remedies. Upon any breach of a term of this Easement, the Grantee may institute suit to enjoin any breach or enforce any term by injunction and require the Property be restored promptly to the condition required by this Easement. The remedies of the Grantor shall be cumulative, and shall include any other rights and remedies available to the Grantee at law or in equity. 5. Discretion of the Grantee. Enforcement of the terms of this Easement shall be undertaken at the discretion of the Grantee. No failure on the part of the Grantee to enforce any term of this Deed on one occasion shall discharge or invalidate that term or any other term of this Deed, or affect the enforcement right of the Grantee in the event of a subsequent breach or default. 6. Notices. Any notice, approval, or communication that either Party is required or desires to give related to this Easement must be given in writing and may be served personally, including by recognized courier service, or sent by certified mail, return receipt requested, by the U.S. Postal Service, to: Grantor: _____________________________ _____________________________ _____________________________ Department of the Air Force: _____________________________ _____________________________ _____________________________ Or to any other address a Party may designate by written notice to the other Party. 3 Packet Pg. 635  7. Grantor’s Rights. Grantor retains all rights to use the Property without limitation, as well as the right to enter upon the easement area and to use it in any manner not inconsistent with the rights granted hereunder to the Grantee or those Grantor is restricted from exercising as provided in Section 3 hereof. Grantor shall pay any and all ad valorem taxes that may be due or become due on the Property. 8. Subsequent Transfers. The Grantor further agrees to give written notice, by the means specified in Section 6, to the Grantee) of the transfer or assignment of any interest in the Property at least twenty (20) days prior to it. The Grantor agrees to make any such transfer or assignment subject to the terms of this Easement. 9. Severability. If any provision of this Easement, or its application to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of the invalid provision to persons or circumstances other than those in favor of which it is found to be invalid, as the case may be, shall not be affected. 10. Runs with the Land. The covenants, terms, conditions, and restrictions of this Easement shall be deemed to touch and concern, and run with, the land; provided that, in the event the Grantee no longer owns the property comprising the Installation, or the mission of the Installation changes such that Grantor acknowledges this restrictive use easement is no longer required to avoid interference, whether directly or indirectly, with current or future military training, testing, or operations on or near the Installation, then this Deed of Easement shall be terminated in writing by the Parties and be of no further force and effect. 11. Rights of Third Parties. This Easement is being made subject to existing utility and other public and private easements, and rights, restrictions, covenants, and conditions affecting or pertaining to the Property. If Grantor grants any other easements to third parties, it will notify the Grantee and require such third party grantees to coordinate their use of the property with the Grantee. 12. Entire Agreement. This Easement sets forth the entire agreement of the Parties for the conveyance of a restrictive use easement on the Property, and supersedes all prior discussions, negotiations, understandings, or agreements, oral or written, relating to this Easement, all of which are merged into this Deed of Easement. IN WITNESS WHEREOF, the Grantor has affixed its signature the day and year written above. (SIGNATURES ON NEXT PAGES) 4 Packet Pg. 636  GRANTOR OKALOOSA COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By:___________________________________ Charles K. Windes, Jr., Chairman ATTEST: ___________________________________ J D Peacock, II Clerk Ad Interim APPROVED AS TO FORM: ___________________________________ Gregory Stewart, Esq. County Attorney. Date Executed: 5 Packet Pg. 637 This Easement is hereby accepted as Grantee. THE UNITED STATES OF AMERICA By the Secretary of the Air Force By: ____________________________________________ Print Name: ___________________________________ Title: _________________________________________ ACKNOWLEDGEMENT COMMONWEALTH OF VIRGINIA ) ) SS: COUNTY OF ARLINGTON ) On the _____day of___________, 20__, before_____________________________ the Undersigned Notary Public, personally appeared ________________________________, personally known to me to be the person whose name is subscribed to the foregoing Instrument, and personally known to me to be the Deputy Assistant Secretary of the Air Force (Installations), and acknowledged that he executed the same as the act and deed of the Secretary of the Air Force for the purposes and consideration cited therein. __________________________________ Notary Public, Commonwealth of Virginia ___________________________________ Printed Name Commission Expiration Date: ___________ 6 Packet Pg. 638  Exhibit A Legal Description Parcel 1 Beginning at the Southeast corner of Section 35, Township 3 North, Range 23 West, Okaloosa County, Florida; thence N88⁰44'28"W 2655.33 feet along the South line of said Section 35; thence departing said South Section line N02⁰35'48"E 2070.26 feet; thence S89⁰14'19"E 2634.80 feet to a point on the East line of said Section 35; thence along said East Section line S02⁰01'03"W 2092.76 feet to the Point of Beginning. The East 100 feet of said parcel is not to be included in any Restricted Use Easements. Contains 121.56 Acres, More or Less. Parcel 2 Beginning at the Northeast corner of Section 2, Township 2 North, Range 23 West, Okaloosa County, Florida; thence S02⁰56'15"E 1561.51 feet along the East line of said Section 2 ; thence continue S02⁰56'15"E 100.00 feet more or less to a point on the centerline of Titi Creek; thence departing said Section line meander Westerly along said centerline 2144 feet more or less; thence departing said centerline N02⁰56'15"W 100.00 feet more or less; thence continue N02⁰56'15"W 1336.48 feet to a point on the North line of said Section 2; thence S89°21'32"E along said North Section line 1343.40 feet to the Point of Beginning. The East 100 feet of said parcel is not included in any Restricted Use Easements. Contains 38.61 Acres, More or Less. Parcel 3 Beginning at the Southwest corner of Section 35, Township 3 North, Range 23 West, Okaloosa County, Florida; thence N00⁰49'01"W 829.18 feet along the West line of said Section 35; thence departing said West Section line S88⁰48'35"E 867.00 feet; thence N00⁰49'01"W 483.81 feet; thence S88⁰48'35"E 476.94 feet; thence S00⁰05'59"E 1315.20 feet to a point on the South line of said Section 35; thence along said South Section line N88⁰41'38"W 1327.57 feet to the Point of Beginning. Contains 30.64 Acres, More or Less. Parcel 4 Beginning at the Northwest corner of Section 2, Township 2 North, Range 23 West, Okaloosa County, Florida; thence S88⁰41'38"E 1327.57 feet along the North line of said Section 2 ; thence departing said North Section line S03⁰15'14"E 1052.54 feet; thence continue S03⁰15'14"E 100.00 feet more or less to a point on the centerline of Titi Creek; thence meander Westerly along said centerline 1909. feet, more or less to a point on the West line of said Section 2 that is S03⁰15'14"E of the Point of Beginning; thence departing said centerline and along said West Section line N03⁰15"14"W 100.00 feet more or less; thence continue N03⁰15"14"W 1095.18 feet to the Point of Beginning. Contains 32.96 Acres, More or Less. Parcel 5 Beginning at the Northeast corner of Section 3, Township 2 North, Range 23 West, Okaloosa County, Florida; thence S03⁰15'14"E 1095.18 feet along the East line of said Section 3; thence continue S03⁰15'14"E 100.00 feet ± to a point on the centerline of Titi Creek; thence departing said East Section line and meandering Westerly along said centerline 4268.37 feet ± to a point of intersection with the centerline of Shoal River; thence departing the centerline of Titi Creek and meandering Northerly along the centerline of Shoal River 358.20 feet ±; thence departing the centerline of Shoal River N90⁰00'00"E 100.00 feet ±; thence continue N90⁰00'00"E 319.59 feet; thence N57⁰40'30"E 2729.40 feet to the Point of Beginning. 7 Packet Pg. 639 Contains 37.85 Acres, More or Less. Parcel 6 Commence at the Northwest corner of Section 3, Township 2 North, Range 23 West, Okaloosa County Florida; thence S07⁰10'17"E 334.80 feet along the West line of said Section 3 to the Point of Beginning; thence departing said West Section line S87⁰59'25"E 658.87 feet; thence N07⁰07'58"W 334.88 feet to a point on the North Section line of Said Section 3; thence along said North Section line S87⁰59'00"E 660.92 feet; thence continue along said North Section line S89⁰07'56"E 1797.51 feet; thence departing said North Section line S40⁰24'24"W 890.17 feet; thence S01⁰56'42"E 838.73 feet; thence N90⁰00'00"E 121.72 feet; thence continue N90⁰00'00"E 100.00 feet ± to a point on the centerline of Shoal River; thence meander Southerly along said centerline 322.63 feet ±; thence departing said centerline S05⁰12'02"E 100.00 feet ±; thence continue S05⁰12'02"E 1373.48 feet to the Southeast corner of the Northeast 1/4 of the Southwest corner of said Section 3; thence N87⁰57'49"W 1826.12 feet; thence continue N87⁰57'49"W 100.00 feet ± to a point on the centerline of Shoal River; thence meander the centerline of Shoal River Westerly 967.57 feet ± to a point on the West line of said Section 3; thence departing said centerline and along said West Section line N07⁰05'56"W 200.00 feet ±; thence continue N07⁰05'56"W 3208.45 feet to the Point of Beginning. Contains 195.66 Acres, More or Less. Parcel 7 The East 1/2 of the Southeast 1/4 of Section 27, Township 3 North, Range 23 West lying South of Interstate #10 more particularly described as follows; Beginning at the Southeast corner of Section 27, Township 3 North, Range 23 West, Okaloosa County, Florida; thence N86⁰55'35"W 1319.68 feet along the South line of said section 27; thence departing said South section line N01⁰39'28"E 1659.67 feet to a point on the South r/w line of Interstate #10; thence along said South r/w line S88⁰52'07"E 1320.00 feet; thence departing said South r/w line and along East line of said Section 27 S01⁰40'49"W 1704.40 feet to the Point of Beginning. Contains 50.96 Acres, More or Less. Parcel 8 Beginning at the Southwest corner of Section 26, Township 3 North, Range 23 West, Okaloosa County, Florida; thence N01⁰40'49"E along the West line of said Section 26 1704.40 feet to the South right of way line of Interstate #10 (r/w varies); thence departing said West Section line and along said South r/w line S88⁰52'07"E 1264.47 feet; thence departing said South r/w line S04⁰33'48"E 597.99 feet; thence S14⁰47'48"W 1138.86 feet to a point on the South line of said Section 26; thence along said south Section line N89⁰00'40"W 1071.08 feet to the Point of Beginning. Contains 48.24 Acres, More or Less. Parcel 9 Commence at a Concrete monument (no LS#) marking the Southwest corner of Section 34, Township 3 North, Range 23 West, Okaloosa County Florida; thence S07⁰10'17"E 334.80 along the West line of said Section 34 to an Iron Pin (LS# 5024); thence departing said West Section line S87⁰59'25"E 658.87 feet to an Iron Pin (LS# 5024) ; thence N07⁰07'58"W 334.88 feet to a point on the South Section line of Said Section 34 and an Iron Pin (LS# 5024); thence along said South Section line S87°59'00"E 660.92 to to an Iron Pin (LS# 5024) and the Point of Beginning; thence departing said South Section line N02⁰38'13"E 659.61 feet to an Iron Pin (LS# 5024) ; thence N87⁰56'28"W 660.27 feet to an Iron Pin (LS# 5024) ; thence N02⁰20'40"E 659.36 feet to an Iron Pin (LS# 5024) ; thence N88⁰14'12"W 323.08 feet to a set Iron Pin (LS# 4028); thence N02⁰20'40"E 1315.80 feet to a set Iron Pin (LS# 4028) and a point on the South 8 Packet Pg. 640 line of an existing 150 foot wide Gulf Power Easement; thence along said South line N88⁰58'12"E 547.03 feet to an set Iron Pin (LS# 4028) ; thence departing said South line S03⁰05'59"W 599.23 feet to a Concrete Monument (LS# 7191) ; thence S87⁰36'21"E 299.10 feet to a Concrete Monument (LS# 7191); thence S03⁰05'56"W 660.40 feet to a Concrete Monument (LS# 7191) ; thence S86⁰56'22"E 654.12 feet to a Concrete Monument (LS# 7191); thence S03⁰03'40"W 659.93 feet to a Concrete Monument (LS# 7191); thence S86⁰54'07"E 654.71 feet to a Concrete Monument (LS# 7191); thence N03⁰02'36"E 2031.40 feet to a set Iron Pin (LS# 4028) and a point on said South Easement line; thence along said South Easement Line N88⁰58'12"E 2620.84 feet to a set Iron Pin (LS# 4028) ; thence departing said South Easement line S00⁰49'01"E 296.89 feet to a set Iron Pin (LS# 4028); thence S40⁰24'15"W 3259.84 feet to a set Iron Pin (LS# 4028) and a point on the South Section line of Said Section 34; thence along said South Section line N89⁰07'56"W 1797.51 feet to the Point of Beginning. The North 100 feet of the East 2620.84 feet of said parcel is not to be included in any Restricted Use Easements, along with a 300'x300' box in the Northeast corner of said parcel. Contains 161.29 Acres, More or Less. Parcel 10 Beginning at an Iron Pin marking the Northeast corner of Section 34, Township 3 North, Range 23 West Okaloosa County Florida; thence S00⁰49'01"E along the East line of said Section 34, 2261.15 feet; thence departing said Section line S88⁰58'12"W 2862.31 feet; thence N02⁰26'15"E 304.94 feet; thence S87⁰33'45"E 214.14 feet; thence N02⁰53'31"E 203.46 feet; thence S87⁰06'29"E 263.70 feet; thence N03⁰06'59"E 751.06 feet; thence S87⁰06'29"E 134.29 feet; thence N02⁰56'52"E 449.63 feet; thence N87⁰04'57"W 134.72 feet; thence N03⁰15'27"E 748.43 feet; thence S86⁰55'35"E 2226.21 feet to the Point of Beginning. The South 100 feet of said parcel is not to be included in any Restricted Use Easements. Contains 120.45 Acres, More or Less. Parcel 11 omitted Parcel 12 Beginning at the Northwest corner of Section 35, Township 3 North, Range 23 West, Okaloosa County, Florida; thence S89⁰00'40"E along the North line of said Section 35, 1071.08 feet; thence departing said North Section line S42⁰47'26"W 639.22 feet; thence S00⁰00'00"E 982.72 feet; thence S32⁰37'59"W 1116.93 feet to a point of the West line of said Section 35; thence along said West Section line N00⁰49'01"W 2411.15 feet to the Point of Beginning. The South 247.82 feet of said parcel is not to be included in any Restricted Use Easements. Contains 29.61 Acres, More or Less. Parcel 13 Commence at the Southeast corner of Section 26, Township 3 North, Range 23 West, Okaloosa County, Florida; thence N02⁰03'16"E 1480.66 feet along the East line of said section 26 to a point on the South r/w line of Interstate 10 (r/w varies); thence departing said East section line and along said South r/w line N36⁰56'08E 246.14 feet; thence N88⁰52'07"W 425.57 feet to the Point of Beginning; thence continue along said South r/w line S87⁰13'50"W 301.17 feet; thence N88⁰07'27"W 599.88 feet; thence N83⁰20'32"W 300.16 feet; thence N88⁰52'06"W 1537.67 feet; thence departing said South r/w line S04⁰34'54"E 595.51 feet; thence S14⁰47'48"W 1138.86 feet; thence S08⁰13'50"E 550.00 feet; thence N53⁰12'46"E 3621.62 feet to the Point of Beginning. Contains 70.69 Acres, More or Less. 9 Packet Pg. 641 Existing Acreage already owned by Okaloosa County Water & Sewer: Parcel A COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SECTION 26, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, PROCEED S88°41'05"E 1425.00 FEET ALONG THE NORTH LINE OF SAID SECTION 26 TO THE POINT OF BEGINNING; THENCE CONTINUE S88°41'05"E 1000 FEET; THENCE DEPARTING SAID SECTION LINE S03°41'05"E 1000 FEET; THENCE S16°18'55"W 1500 FEET; THENCE S04°34'54"E 811.86 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE 10; THENCE N88°56'08"W 999.82 FEET ALONG SAID RIGHT OF WAY LINE; THENCE DEPARTING SAID RIGHT OF WAY LINE PROCEED N04°33'46"W 816.23 FEET; THENCE N16°18'55"E 1500 FEET; THENCE N03°41'07"W 1000 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 74.72 ACRES, MORE OR LESS. Parcel B COMMENCING AT A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF SECTION 26, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, PROCEED S89°00'40"E 1071.08 FEET ALONG THE NORTH LINE OF SAID SECTION 26 TO THE POINT OF BEGINNING; THENCE CONTINUE S89°0040"E 1000 FEET; THENCE DEPARTING SAID SECTION LINE N14°47'48"E 1138.86 FEET; THENCE N04°34'54"W 595.51 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF INTERSTATE 10; THENCE N88°52'07"W 1000.05 FEET ALONG SAID RIGHT OFWAY LINE; THENCE DEPARTING SAID RIGHT OF WAY LINE PROCEED S04°33'46"E 597.99 FEET; THENCE S14°47'48"W 1138.86 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 39.02 ACRES, MORE OR LESS. Parcel C COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, PROCEED S89°00'40"E 1071.08 FEET ALONG THE NORTH LINE OF SAID SECTION 35 TO THE POINT OF BEGINNING; THENCE CONTINUE S89°00'40"E 1000 FEET; THENCE DEPARTING SAID SECTION LINE S08°13'50"E 1544.29 FEET; THENCE S22°17'20"W 113.00 FEET; THENCE N88°52'45"W 1718.40 FEET; THENCE N32°41'42"E 195.80 FEET; THENCE N00°00'00"E 982.72 FEET; THENCE N42°47'25"E 639.22 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 55.77 ACRES, MORE OR LESS. Parcel D COMMENCING AT A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF SECTION 35, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, PROCEED N00°49'01"W 892.18 FEET ALONG THE WEST LINE OF SAID SECTION TO THE POINT OF BEGINNING; THENCE CONTINUE N00°49'01"E 483.81 FEET; THENCE DEPARTING SECTION LINE S88°48'35"E 867.00 FEET; THENCE S00°49'01"E 483.81 FEET; THENCE N88°48'35"W 867.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 9.62 ACRES, MORE OR LESS. 10 Packet Pg. 642 Parcel E BEGINNINGING AT A CONCRETE MONUMENT MARKING THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, THENCE ALONG THE SOUTH LINE OF SAID SECTION N88°38'53"W 2399.84 FEET; THENCE DEPARTING SAID SECTION LINE N40°24'15"E 3259.83 FEET; THENCE N70°47'54"E 263.45 FEET TO A POINT ON THE SAID EAST SECTION LINE; THENCE S00°49'01"E ALONG SAID EAST SECTION LINE 2625.87 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 77.27 ACRES, MORE OR LESS. Parcel F BEGINNINGING AT A CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF SECTION 03, TOWNSHIP 2 NORTH, RANGE 23 WEST, OKALOOSA COUNTY, FLORIDA, PROCEED N88°38'53"E 2399.84 FEET ALONG THE NORTH LINE OF SAID SECTION 3; THENCE DEPARTING SECTION LINE S40°24'15"W 890.14 FEET; THENCE S01°56'31"E 838.73 FEET; THENCE N90°00'00"E 641.30 FEET; THENCE N57°40'30"E 2729.40 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 58.62 ACRES, MORE OR LESS. 11 Packet Pg. 643 Packet Pg. 644 Packet Pg. 645 Packet Pg. 646 Packet Pg. 647 Packet Pg. 648 Packet Pg. 649 Packet Pg. 650 Packet Pg. 651 Packet Pg. 652 Packet Pg. 653 Packet Pg. 654 Packet Pg. 655 Packet Pg. 656 Packet Pg. 657 Packet Pg. 658 Packet Pg. 659 Packet Pg. 660  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Okaloosa Island Water Supply - FDEP Grant Agreement DEPARTMENT: Water and Sewer BCC DISTRICT: 2 STATEMENT OF ISSUE: Staff requests that the Board of County Commissioners (BCC) approve and authorize the Chairman to execute the Grant Agreement between the County and the Florida Department of Environmental Protection (FDEP) for $600,000 of state appropriations for the Okaloosa Island Water Supply Project. BACKGROUND: This past February, Okaloosa County submitted three water & sewer projects via the County lobbyist (Cardenas Partners) for state appropriations. The requests were as follows: 1. Okaloosa Island/Wright Area Gravity Sewer Rehabilitation Project - $450,000 2. Okaloosa Island Water Supply Project - $600,000 3. Lake Pippin Area Sanitary Sewer Improvement Project - $2,000,000 This past June, staff received great news that all three requests had been funded, as listed above, for the state FY2014-2015 budget year. We also received notice that the state appropriations would be administered through the Florida Department of Environmental Protection's (FDEP) grant program. Since June, OCWS staff has been working with FDEP staff to firm up Project Work Plans and resulting Grant Agreement on each project. OCWS staff has also been coordinating the grant agreements with other County staff, including the Clerk of the Court. As we are working with various FDEP personnel with variable timing, staff will be coming to you with three separate FDEP Grant Agreements, one for each of the above-mentioned projects. For these grant agreements, a match is not required, and eligible expenses can be retroactive back to 7/1/2014, provided that they meet the Scope of Work and satisfy other terms and conditions of the grant agreement. The first of these three FDEP Grant Agreements was approved by the BCC on October 7, 2014. The second, "Okaloosa Island Water Supply Project", is for your review and approval today. The agreement, titled "State Financial Assistance Agreement, Okaloosa County, DEP Agreement No. LP46042", is attached, along with the County Contract Review Coordination Sheet. As shown in Attachment A, the "Project Work Plan", the total project (also known as "Brooks Bridge Water Main Bore") is estimated at $1,200,000. This $600,000 grant is budgeted as follows: $100,000 for land/easement acquisition, $150,000 for engineering services, and $350,000 for construction services. Because this grant does not require a match, the first $350,000 expensed on the construction will be reimbursable from FDEP. Any additional money to complete the project above $350,000 will be local funding from OCWS' budget. The project generally consists of a replacement water main under Santa Rosa Sound via a directional bore and associated connections to the existing water system. The design work will be done by Packet Pg. 661 utilizing an existing Master Service Agreement with one of our consulting engineering firms. A task order would be brought to the BCC in the future for approval. Bid documents, plans, and specs would be produced to procure a contractor for this specialized work. OPTIONS: Approve or deny. RECOMMENDATIONS: Staff recommends BCC approval for the Chairman to execute the Grant Agreement with FDEP for $600,000 of state appropriations funding for the Okaloosa Island Water Supply Project. Staff also requests that the BCC authorize the Chairman to execute any future grant documents, including modifications to the grant agreement that don't change the total dollar amount. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 662  RICK SCOTT FLORIDA DEPARTMENT OF GOVERNOR ENVIRONMENTAL PROTECTION CARLOS LOPEZ-CANTERA BOB MARTINEZ CENTER LT. GOVERNOR 2600 BLAIRSTONE ROAD TALLAHASSEE, FLORIDA 32399-2400 HERSCHEL T. VINYARD JR. SECRETARY October 13, 2014 Ms. Marcella B. Eubanks Contracts & Grants Manager Okaloosa County 1804 Lewis Turner Boulevard, Suite 206 Fort Walton Beach, Florida 32547 Re: LP46042 – Okaloosa County Okaloosa Island Water Supply Project Dear Ms. Eubanks: Attached are the proposed grant agreement and attachments for the County’s drinking water improvement project. Please have the Chairman sign two copies, and return them to us within three weeks at 2600 Blair Stone Road, MS 3505, Tallahassee, Florida, 32399-2400. We will arrange for the documents to be signed and mail a fully executed original to County. If you have any questions, please call Sandy Waters at (850) 245-8382. Sincerely, Angela Knecht, Program Administrator State Revolving Fund Management AK/jj Attachments cc: Honorable Charles K. Windes, Jr. – Okaloosa Board of County Commissioners Mark Wise – Okaloosa Board of County Commissioners Kimberly Kilpatrick – Okaloosa Board of County Commissioners www.dep.state.fl.us Packet Pg. 663  STATE FINANCIAL ASSISTANCE AGREEMENT OKALOOSA COUNTY DEP AGREEMENT NO. LP46042 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1668A OF THE 2014-2015 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida 32399-2400 (hereinafter referred to as the “Department”) and OKALOOSA COUNTY, whose address is 1804 Lewis Turner Boulevard, Suite 206, Fort Walton Beach, Florida 32547 (hereinafter referred to as “Grantee”), a local government under the laws of the State of Florida, to provide funds for the Okaloosa Island Water Supply Project. Collectively, the Department and the Grantee shall be referred to as “Parties” or individually as a “Party.” In consideration of the mutual benefits to be derived from this Agreement, the Department and the Grantee do hereby agree as follows: 1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named and attached hereto, which are incorporated by reference. 2. This Agreement shall be effective on July 1, 2014 and end no later than September 30, 2018, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the effective date through the expiration date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. A. As consideration for the services satisfactorily rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis an amount not to exceed $600,000 toward the total estimated project cost of $1,200,000. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. If the Grantee finds, after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the current estimated project cost, the parties hereto agree to modify the Project Work Plan described in Attachment A, by amendment of this Agreement, to provide for the work that can be accomplished for the funding identified above. B. Prior written approval from the Department’s Grant Manager shall be required for changes between deliverable budget categories not to exceed 10% of the total deliverable budget amount. The Department Grant Manager will transmit a copy of the written approval and revised budget to the Department Contracts Disbursements Office for Revised 7/14 DEP Agreement No. LP46042, Page 1 of 12 Packet Pg. 664  inclusion in the Agreement file. Changes that exceed 10% of the total approved deliverable budget will require a formal change order to the Agreement. Changes that transfer funds from one deliverable to another or that increase or decrease the total deliverable funding amount will require a formal amendment to the Agreement. C. The Grantee shall request reimbursement for all eligible project costs upon receipt and acceptance of the deliverable(s) identified in Attachment A, utilizing a properly completed Disbursement Request Package (provided as Attachment B). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre- audit and post-audit thereof. A final Disbursement Request Package must be submitted to the Department no later than December 31, 2018, to assure the availability of funds for payment. The Disbursement Request Package must include: (1) A completed Disbursement Request Form submitted by the Grantee’s Grant Manager. Such requests must be accompanied by sufficiently itemized summaries of the materials, labor, or services to identify the nature of the work performed; the amount expended for such work; and the person providing the service or performing the work and proof of payment of the invoices; and, (2) A certification signed by the Grantee’s Grant Manager as to the current cost of the Project; that the materials, labor, or services represented by the invoice have been satisfactorily purchased or performed and applied to the project; that all funds expended to date have been applied toward completing the Project; and, (3) If construction is included in Attachment A, a certification by the Engineer responsible for overseeing construction is necessary. The certification must state that equipment, materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, received, approved and applied to the Project, as described in the Project Work Plan (Attachment A), in accordance with construction contract documents; state that payment is in accordance with construction contract provisions; state that construction, up to the point of the request, is in compliance with the contract documents; and identify all additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose since the issue of the Department construction permit; and, (4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by the Department. D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. The Disbursement Request Package Form in Attachment B shall be accompanied by supporting documentation and other requirements as follows: Revised 7/14 DEP Agreement No. LP46042, Page 2 of 12 Packet Pg. 665  (1) Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries of the subcontractor’s employees shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse overpayments resulting from use of these excessive multipliers to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. For fixed price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed price subcontracted activities shall be supported with a copy of the subcontractor’s invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. b. The Grantee may request approval from the Department to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department’s Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager’s approval of the fixed price amount, the Grantee may proceed in finalizing the fixed price subcontract. c. All subcontracts are subject to the provisions of paragraph 13 and any other appropriate provisions of this Agreement which affect subcontracting activities. (2) Equipment – (Capital outlay costing $1,000 or more) – The Grantee will not be reimbursed for the purchase of non-expendable equipment costing $1,000 or more under the terms and conditions of this Agreement. E. In addition to the invoicing requirements contained in paragraph 3.C. and 3.D. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within thirty (30) calendar days of such Revised 7/14 DEP Agreement No. LP46042, Page 3 of 12 Packet Pg. 666  request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). F. State guidelines for allowable costs can be found in the Department of Financial Services’ Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The Parties understand that this Agreement is not a commitment of future appropriations. 5. Progress Reports (Attachment D) shall be submitted quarterly describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Reports shall be submitted to the Department’s Grant Manager no later than twenty (20) days following the completion of the reporting period. It is hereby understood and agreed by the parties that the term “quarterly” shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Final Project Report shall be submitted no later than the completion date of the Agreement. The Department's Grant Manager shall have ten (10) calendar days to review the required reports and deliverables submitted by the Grantee. 6. RESERVED. 7. Each Party agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 8. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 9. No payment will be made for deliverables deemed unsatisfactory by the Department. If a deliverable is deemed unsatisfactory, the Grantee shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days after notification that the deliverable was unsatisfactory. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate the Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under the Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPs must Revised 7/14 DEP Agreement No. LP46042, Page 4 of 12 Packet Pg. 667 be able to be implemented and performed in no more than sixty (60) days after approval by the Department. A. A CAP shall be submitted within ten (10) business days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) business days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) business days from receipt of the Department’s letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department’s approval of a CAP as specified above shall result in the Department’s termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department’s notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not alter or amend the Grantee’s obligations under this Agreement. If the CAP fails to correct or eliminate performance deficiencies by the Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall serve to condone, forgive or estop the Department from asserting subsequent deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to the Department’s request for a CAP or failure to correct a deficiency in the performance of the Grantee as specified by the Department may result in termination of this Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above. 10. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt pursuant to Section 24(a) of Article I of the State Constitution, Section 119.07(1), Florida Statutes, or other statute. 11. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. If any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Revised 7/14 DEP Agreement No. LP46042, Page 5 of 12 Packet Pg. 668 12. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment G, Special Audit Requirements, attached hereto and incorporated herein by reference. Exhibit 1 to Attachment G summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment G. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department’s Grants Manager identified in paragraph 18 of this Agreement. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment G, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section ___.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled “Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination” (form number DFS-A2-NS) that can be found under the “Links/Forms” section appearing at the following website: https://apps.fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 13. The Grantee may subcontract, assign, or transfer any work under this Agreement without the written consent of the Department's Grant Manager, except as provided in paragraph 3.D.(1)b. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) business days after execution. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be responsible to any subcontractor for any expenses or costs incurred under the subcontract and that the Grantee shall be solely responsible to the subcontractor for all expenses and costs incurred under the subcontract. 14. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Revised 7/14 DEP Agreement No. LP46042, Page 6 of 12 Packet Pg. 669 15. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 16. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 17. Any notices between the Parties shall be considered delivered when posted by Certified Mail, return receipt requested, overnight courier service, electronic mail (e-mail) or delivered in person to the Grant Managers at the addresses below. 18. The Department’s Grant Manager for this Agreement is identified below. Venkata Panchakarla State Revolving Fund Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 Phone: (850) 245-8366 Fax: (850) 245-8411 Email: Venkata.Panchakarla@dep.state.fl.us Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement. 19. The Grantee’s Grant Manager for this Agreement is identified below. Marcella B. Eubanks Okaloosa County 1804 Lewis Turner Boulevard, Suite 206 Fort Walton Beach, Florida 32547 Phone: (850) 651-7200 x4381 Fax: (850) 609-5029 Email: meubanks@clerkofcourts.cc Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement. 20. To the extent required by law, the Grantee will be self-insured for worker’s compensation, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of Grantee’s employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to Revised 7/14 DEP Agreement No. LP46042, Page 7 of 12 Packet Pg. 670 provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Any self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 21. A. The Grantee shall secure and maintain Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $100,000 each occurrence and $300,000 aggregate. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the Grantee or anyone directly or indirectly employed by him. B. The Grantee shall secure and maintain Commercial Automobile Liability insurance for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or by anyone directly or indirectly employed by him. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if applicable $300,000 Hired and Non-owned Liability Coverage C. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) days written notice (with the exception of non-payment of premium which requires a 10 day notice) to the Department's Procurement Administrator. 22. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 23. RESERVED. 24. The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee’s cost or time, shall require formal amendment to this Agreement. 25. RESERVED. Revised 7/14 DEP Agreement No. LP46042, Page 8 of 12 Packet Pg. 671 26. RESERVED. 27. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate, as defined in section 287.134, Florida Statutes, who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 28. A. The accounting systems for all Grantees must ensure that funds awarded by this grant are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. B. If the Department finds that these grant funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. C. If the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. Revised 7/14 DEP Agreement No. LP46042, Page 9 of 12 Packet Pg. 672 29. The Grantee is authorized to purchase the land described in Attachment A. All land acquired under this Agreement shall be used in perpetuity for the purposes described herein. The following language shall be included on the deed to the property purchased under this Agreement: “By acceptance of this deed, Grantee hereby agrees that the use of the property described herein (the “Property”) shall be subject to the terms and conditions contained in that certain Grant Award Agreement (DEP Agreement No. LP46042, which is attached hereto as Exhibit 1 and by reference made a part hereof (hereinafter referred to as the “Restrictive Covenants”). These Restrictive Covenants shall run with the title to the Property in perpetuity and be binding upon Grantee and all successive owners (and all parties claiming by, through and under the owners) of the Property. The Florida Department of Environmental Protection shall be deemed a third party beneficiary of these Restrictive Covenants in a court of competent jurisdiction. The Department shall have the authority to enforce these Restrictive Covenants in any judicial proceeding seeking any remedy recognizable at law or in equity, including an action or lawsuit seeking damages, injunction, specific performance, or any other form of relief, against any person, firm or entity violating or attempting to violate any of these Restrictive Covenants. The failure by the Department to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of such covenant or restriction or of the right of the Department to thereafter enforce such covenant or restriction. The invalidation of any one of the provisions of these Restrictive Covenants by a court of competent jurisdiction shall in no way affect any of the other provisions of these Restrictive Covenants, which shall remain in full force and effect. Venue for enforcement actions regarding these Restrictive Covenants shall be in the Circuit Court of Leon County, Florida. Grantee agrees to incorporate these Restrictive Covenants in any subsequent deed or other written legal instrument by which Grantee transfers or conveys fee simple title or any other lesser estate in the Property or any part thereof to a third party either verbatim or by making an express reference to these Restrictive Covenants and specifically identifying the official records book and page at which this deed is recorded in the public records of Okaloosa County, Florida. Grantee further agrees to give written notice to the Department of the conveyance or transfer of any interest in the Property at least 20 days prior to the date of such conveyance or transfer.” “Requests for release of the Restrictive Covenants from the Property shall be directed to the Florida Department of Environmental Protection, Office of General Counsel, Attention: Contracts Attorney, 3900 Commonwealth Boulevard MS35, Tallahassee, Florida 32399-3000. The request should include the DEP Agreement No. LP(*2), the total funding amount paid by the State of Florida, the date of acquisition, and the Department’s Grant Manager’s name.” If for any reason the above referenced language is not incorporated into the deed by which the Grantee acquired the Property, the Grantee shall be required to execute and record a Declaration of Restrictive Covenants (on a form obtained from the Department of Environmental Protection) that shall run with the title to the Property. Requests for the Declaration of Restrictive Covenants form shall be directed to the DEP Grant Development and Review Manager, Procurement Section, 3900 Commonwealth Boulevard, Suite 235G, Mail Station 93, Tallahassee, Florida 32399-3000. Revised 7/14 DEP Agreement No. LP46042, Page 10 of 12 Packet Pg. 673 30. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 31. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revised 7/14 DEP Agreement No. LP46042, Page 11 of 12 Packet Pg. 674  IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. OKALOOSA COUNTY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By:~~~~~~~~~~~- By:_ _ _ _ _ _ _ _ _ _ _ __ Char les K. Windes, Jr., Chairman Program Administrator State Revolving Fund Venkata Panchakarla, DEP Grant Manager FEID No.: 59-6000765 Approved as to form and legality: DEP Attorney List of attachments/exhibits included as part of this Agreement: Letter/ Specify Type Number Description (include number of pages) Attachment A Project Work Plan (3 Pages) Attachment B Disbursement Request Package (3 Pages) Attachment c Contract Payment Requirements (I Page) Attachment D Progress Report Form (I Page) Attachment E Reserved Attachment F Reserved Attachment G S~ecial Audit Requirements (5 Pages) Revised 7/14 DEP Agreement No. LP46042, Page 12of12 Packet Pg. 675  ATTACHMENT A PROJECT WORK PLAN OKALOOSA COUNTY LP46042 Project Title: Okaloosa Island Water Supply Project Project Location Okaloosa Island, Okaloosa County, FL Project Background: Okaloosa County Water and Sewer (OCWS) installed a water supply main in 2001 to replace an older water main that provided potable water to the residents and businesses located on Okaloosa Island (Island), a tourist community located just east of Fort Walton Beach, Florida. The older 16-inch ductile iron water main, which is suspended along the side of Brooks Bridge, is exhibiting signs of significant deterioration and is vulnerable to hurricanes and damage from other external forces. The newer main was installed as a subaqueous horizontal directional drill (HDD) that extends from the mainland to the island as it crosses under the Santa Rosa Sound (Sound). The length of the subaqueous segment of the main is approximately 1,400 feet. Once the new main was placed into operation, the older main was taken out of service but left in place as a back-up as long as the deterioration did not become too extensive. In 2006, the County discovered a leak in the newer main and immediately took it offline. The original main was placed back into service because it was the only alternative for maintaining water service to Okaloosa Island. Through a series of complicated inspections, the County discovered that the newer main was torn at a location approximately half way across the Santa Rosa Sound and over 70 feet below the bottom of the Sound. The tear, which ranged from approximately ¼ inch to 1 inch wide, extended from the 3 o'clock position to the 9 o'clock position on the pipe. The County began formulating and implementing a plan in an attempt to repair the main immediately after accumulating the applicable data and assessing the extent of the damage. The County had initially pursued repairing the main, but was unsuccessful because of the difficult access to the tear, the accumulation of sand through the tear, and the difficulty of repairing the leak while maintaining the service to island. The County decided that the most feasible alternative for providing a long-term, reliable source of potable water to the island is to replace the main with a new subaqueous pipe. Project Description: The proposed replacement main is anticipated to consist of approximately 3,800 linear feet of 20-inch diameter, high density polyethylene pipe installed below the Sound and on the Island via directional bore. Because easements have not yet been obtained and final alignment is not known, the approximate linear foot, diameter, and type of pipe is subject to change. Task 1. Land/Easement Acquisition Deliverables: Property Appraisal and Executed Title or Easement Documents Revised 7/14 DEP Agreement LP46042, Attachment A, Page 1 of 3 Packet Pg. 676 Timeline for completion: September 30, 2018 (time required to acquire property is highly variable and dependent on the pipe route selected, number of properties required, and accessibility and cooperation of current property owners) Budget Information: o Salaries: N/A o Fringe Benefits: N/A o Travel: N/A o Contractual: N/A o Equipment: N/A o Supplies/Other Expenses: N/A o Land: Acquisition Costs $100,000 o Indirect: N/A Performance Standard: All proposed construction for the project shall be in a County right-of- way, County deeded parcel, or easement from the State or private property owner. Survey work required for acquisition will be conducted with in-house resources. The DEP Grant Manager will review periodic requests for funds for the deliverables to ensure they are eligible for reimbursement. Task 2. Engineering Services Deliverables: Copy of contract, electronic files (pdf) of the preliminary design technical memorandum (30% design), 60% plans, 90% plans, and 100% plans (which includes specifications and bid documents), permits, and project management related documentation and technical oversight reports. Timeline for completion: September 30, 2018 Budget Information: o Salaries: N/A o Fringe Benefits: N/A o Travel: N/A o Contractual: Professional Services $150,000 o Equipment: N/A o Supplies/Other Expenses: N/A o Land: N/A. o Indirect: N/A Performance Standard: The DEP Grant Manager will review periodic requests for funds for the deliverables to ensure they are eligible for reimbursement. Task 3. Construction of water main under Santa Rosa Sound and Connections to Existing Water System Deliverables: Copy of bid tab, copy of contract, contractor’s schedule of values with supporting documentation, and representative photos of completed work, as-built plans, FDEP certification of completion & clearance. Timeline for completion: September 30, 2018 Budget Information: o Salaries: N/A o Fringe Benefits: N/A Revised 7/14 DEP Agreement LP46042, Attachment A, Page 2 of 3 Packet Pg. 677  o Travel: N/A o Contractual: Construction $950,000 ($350,000 DEP; $600,000 County Funds) o Equipment: N/A o Supplies/Other Expenses: N/A o Land: N/A. o Indirect: N/A Performance Standard: The DEP Grant Manager will review periodic requests for funds for the deliverables to ensure they are eligible for reimbursement. Total Budget by Task: Local Funds and Source Task DEP Funding Local Funds Source of Funds 1 Land/ Easement Acquisition $100,000 $0 2 Engineering Services $150,000 $0 3 Construction of Water Main $350,000 $600,000 County Funds Total: $600,000 $600,000 Project Total: $1,200,000 The FY2014-15 GAA did not require a match for these projects. Therefore, for Task 3, the local funding amount shown is not a match. The first $350,000 worth of construction-related expenses will be an eligible expense to be reimbursed by FDEP via this grant; any additional monies needed above and beyond the $350,000 will be local funding from OCWS’ budget, not to exceed $600,000. Revised 7/14 DEP Agreement LP46042, Attachment A, Page 3 of 3 Packet Pg. 678  ATTACHMENT B Disbursement Request Package Legislative Projects (LP) Grants 1. Grantee/Recipient Okaloosa County 2. Project Number LP46042 Date of Request 3. Disbursement Request Number Required Match % 4. Type of Request: Partial Final 5. Federal Employer Identification Number 6. Task/Deliverable No. 7. Mail EFT Send Remittance to: Disbursement Details (cumulative amounts rounded to the nearest dollar) Amount this Total NOTE: Can only claim expenses in approved budget. Request Cumulative 1. Contractual Services 2. Land 3. Total 4. Disbursements previously requested 5. Amount Requested for Disbursement (line 3 minus 4) ** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION FOR EACH DELIVERABLE TO: ** Florida Department of Environmental Protection State Revolving Fund Management MS 3505 2600 Blair Stone Road Tallahassee, Florida 32399-2400 or email your request to: SRF_Reporting@dep.state.fl.us DEP Agreement No. LP46042, Attachment B, Page 1 of 3 Packet Pg. 679  Grant Manager’s Certification of Disbursement Request I, , (name of Grantee’s Grant Manager designated in the Agreement) on behalf of , do hereby certify that: (name of Grantee/Recipient) 1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in Attachment A of the Agreement; 2. All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in paragraph 3D; 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts; 4. If funds were advanced, all funds received to date have been applied toward completing the project; and 5. All permits and approvals required for the construction which is underway have been obtained. ( Signature of Grant Manager) (Date) DEP Agreement No. LP46042, Attachment B, Page 2 of 3 Packet Pg. 680  Engineer’s Certification of Disbursement Request ONLY SUBMIT IF CONSTRUCTION IS PART OF THE PROJECT I, , being the Professional Engineer retained by (name of Professional Engineer) , am responsible for overseeing construction of the (name of Grantee/Recipient) project described in the Agreement and do hereby certify that: 1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection; 2. Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Administrative Code Chapter 62-600 or Chapter 62-604, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the approved plans and permits; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all change orders have been submitted to the Department; and 6. All additions or deletions to the Project which have altered the Project’s performance standards, scope, or purpose (since issue of the pertinent Department permit) have been identified in writing by amendment to this Agreement. Signature of Professional Engineer Firm or Affiliation (Date) (P.E. Number) DEP Agreement No. LP46042, Attachment B, Page 3 of 3 Packet Pg. 681  ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference_guide.htm DEP 55-219 (05/2008) DEP Agreement No. LP46042, Attachment C, Page 1 of 1 Packet Pg. 682  ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: LP46042 Grantee Name: Okaloosa County Grantee Address: Grantee’s Grant Manager: Telephone No.: Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Project Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Project Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP46042 and accurately reflects the activities associated with the project. Signature of Grantee’s Grant Manager Date DEP Agreement No. LP46042, Attachment D, Page 1 of 1 Packet Pg. 683  ATTACHMENT G SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.html. DEP 55-215 (03/09) DEP Agreement No. LP46042, Attachment G, Page 1 of 5 Packet Pg. 684 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at http://www.myflorida.com/, Department of Financial Services’ Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP 55-215 (03/09) DEP Agreement No. LP46042, Attachment G, Page 2 of 5 Packet Pg. 685  A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us DEP 55-215 (03/09) DEP Agreement No. LP46042, Attachment G, Page 3 of 5 Packet Pg. 686  B. The Auditor General’s Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (03/09) DEP Agreement No. LP46042, Attachment G, Page 4 of 5 Packet Pg. 687  EXHIBIT – 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Original General Revenue, Line Item 2014-2015 37.039 Statewide Surface Water Restoration 600,000 140047 Agreement 1668A and Wastewater Projects Total Award $600,000 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. DEP 55-215 (03/09) DEP Agreement No. LP46042, Attachment G, Page 5 of 5 Packet Pg. 688 Packet Pg. 689  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Eglin Wastewater Treatment Contract Modification for Delivery Dates DEPARTMENT: Water and Sewer BCC DISTRICT: 3 STATEMENT OF ISSUE: OCWS staff is requesting approval from the Board of County Commissioners (BCC) for the execution of a sixth contract modification with Eglin Air Force Base for delivery date extensions related to construction work and Capacity Expansion Charges (CECs) for Eglin AFB's wastewater at Camp Rudder. Attached for your review is both the modification itself and the completed County Contract Review Coordination Sheet. BACKGROUND: In September 2011, Okaloosa County went under contract (FA2823-11-C- 0030; County Contract No. C11-1906-WS) with the U.S. Air Force for the construction of the Duke Field wastewater infrastructure. The contract was modified in August 2012 to add the following: CECs for Duke Field, construction costs for Main Base wastewater infrastructure, CECs for Main Base, construction costs for Camp Rudder wastewater infrastructure, and CECs for Camp Rudder. The total contract is now $16,699,568; of that, $8,026,192 is reimbursement of design and construction costs, and $8,673,376 is for CECs. A third contract modification was executed in April 2013 for flow charges (AKA monthly billing rates) related to transmitting, treating, and disposing of Eglin AFB's wastewater at Duke Field, Main Base, and Camp Rudder. No money was assigned to this modification. A fourth contract modification was executed in June 2013 to correct several administrative oversights pertaining to miscalculated delivery dates, payment methods, and verbiage of Eglin's internal processes. No money was assigned to this modification. A fifth contract modification was executed in December 2013 to extend the delivery dates for the construction work and CECs for Phase II (Eglin Main Connections) and Phase III (Camp Rudder Connections) by an additional 8 months due to government delays. The modification only extends delivery dates, and had no effect on financial terms. Eglin AFB would now like to execute a sixth contract modification to extend the delivery dates for the construction work and CECs for Phase III (Camp Rudder Connections) by an additional 6 months due to government delays. The modification only extends delivery dates, and has no effect on financial terms. OPTIONS: Approve or deny. Packet Pg. 690 RECOMMENDATIONS: OCWS staff recommends approval by the BCC to authorize the Chairman to execute the sixth contract modification to the Eglin Wastewater Treatment Re- configuration contract (FA2823-11-C-0030) for the delivery date extensions associated with construction work and CECs for Camp Rudder. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 691 Packet Pg. 692  1. CONTRACT ID CODE P AGE OF P AGES AM ENDM ENT OF SOLICITATION/M ODIFICATION OF CONTRACT J 1 3 2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/P URCHASE REQ. NO. 5. P ROJECT NO.(If applicable) P00006 24-Oct-2014 SEE SCHEDULE 6. ISSUED BY CODE FA2823 7. ADMINISTERED BY (If other than item 6) CODE AFTC/PZIO EGLIN - FA2823 308 WEST D AVENUE, SUITE 130 (BLDG 260) See Item 6 EGLIN AFB FL 32542-5418 8. NAME AND ADDRESS OF CONT RACT OR (No., Street, County, State and Zip Code) 9A. AMENDMENT OF SOLICIT AT ION NO. OKALOOSA, COUNTY OF DBA: CONTRACTS & GRANTS 1804 LEWIS TURNER BLVD STE 206 9B. DAT ED (SEE IT EM 11) FORT WALTON BEACH FL 32547-1285 X 10A. MOD. OF CONT RACT /ORDER NO. FA2823-11-C-0030 10B. DAT ED (SEE IT EM 13) CODE 3H5D4 FACILIT Y CODE X 01-Oct-2011 11. T HIS IT EM ONLY AP P LIES T O AMENDMENT S OF SOLICIT AT IONS The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, is not extended. Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods: (a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOW LEDGMENT TO BE RECEIVED AT THE P LACE DESIGNATED FOR THE RECEIP T OF OFFERS P RIOR TO THE HOUR AND DATE SP ECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNT ING AND AP P ROP RIAT ION DAT A (If required) 13. T HIS IT EM AP P LIES ONLY T O MODIFICAT IONS OF CONT RACT S/ORDERS. IT MODIFIES T HE CONT RACT /ORDER NO. AS DESCRIBED IN IT EM 14. A. T HIS CHANGE ORDER IS ISSUED P URSUANT T O: (Specify authority) T HE CHANGES SET FORT H IN IT EM 14 ARE MADE IN T HE CONT RACT ORDER NO. IN IT EM 10A. B. T HE ABOVE NUMBERED CONT RACT /ORDER IS MODIFIED T O REFLECT T HE ADMINIST RAT IVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORT H IN IT EM 14, P URSUANT T O T HE AUT HORIT Y OF FAR 43.103(B). X C. T HIS SUP P LEMENT AL AGREEMENT IS ENT ERED INT O P URSUANT T O AUT HORIT Y OF: FAR 52.243-1(b) "Changes - Fixed Price" D. OT HER (Specify type of modification and authority) E. IMP ORT ANT : Contractor is not, X is required to sign this document and return 1 copies to the issuing office. 14. DESCRIP T ION OF AMENDMENT /MODIFICAT ION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) Modification Control Number: smithcy1536 See Summary Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND T IT LE OF SIGNER (T ype or print) 16A. NAME AND T IT LE OF CONT RACT ING OFFICER (T ype or print) TEL: EMAIL: 15B. CONT RACT OR/OFFEROR 15C. DAT E SIGNED 16B. UNIT ED ST AT ES OF AMERICA 16C. DAT E SIGNED BY (Signature of person authorized to sign) (Signature of Contracting Officer) EXCEP T ION T O SF 30 30-105-04 ST ANDARD FORM 30 (Rev. 10-83) AP P ROVED BY OIRM 11-84 P rescribed by GSA FARPacket (48 CFR) Pg. 693 53.243  FA2823-11-C-0030 (smithcy1536) Page 2 of 3 SECTION SF 30 BLOCK 14 CONTINUATION PAGE SUMMARY OF CHANGES SECTION SF 30 - BLOCK 14 CONTINUATION PAGE The following have been added by full text: P00006 A. The purpose of this modification is to affect NO-COST delivery date extensions for contractor work on CLINs 0005 and 0006 due to Government-caused delays. Delays within Phase IB and Phase II have affected the delivery date of Phase III – Camp Rudder Connection. Delays include issues with UXO clearance along a portion of the Duke Field line; resolution of technical questions; issues with housing privatization developer with location of the original pipe run from the Plew plant location to the main base lift station and development of a new run. B. SUPPLEMENTAL AGREEMENT: The parties agree that this supplemental agreement establishes the consideration for modifications effected herein. The parties specifically acknowledge and agree that this supplemental agreement constitutes full satifaction of the parties’ rights to equitable adjustment, under any clause of this contract, relating to the modifications effected herein. C. CLIN 0005 / Phase III Work – Camp Rudder Conncetion is hereby extended FROM: 30 MAY 2015 TO: 30 NOV 2015. D. CLIN 0006, Capacity Expansion Charges (Camp Rudder) is tied to the completion of CLIN 0005, and must, therefore, be similarly extended to match CLIN 0005 delivery date of 30 NOV 2015 via this modification. E. Payment Office Address is hereby updated. F. Contract total cost and funding remain unchanged. G. All other terms and conditions remain unchanged. SECTION A - SOLICITATION/CONTRACT FORM The 'Payment will be made by' organization has changed from DFAS - COLUMBUS - F03000 AIR FORCE ENTITLEMENT (503000) P.O. BOX 369024 COLUMBUS OH 43218-9024 to DFAS - COLUMBUS - F03000 ATTN: DFAS-JDCBB/CO PO BOX 182317 COLUMBUS OH 43218-2317 SECTION F - DELIVERIES OR PERFORMANCE The following Delivery Schedule item for CLIN 0005 has been changed from: Packet Pg. 694  FA2823-11-C-0030 (smithcy1536) Page 3 of 3 DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 30-MAY-2015 1 96 CEG/CEP - F1T2BR F1T2BR STEPHEN BLALOCK 501 DE LEON ST BLDG 634 STE 100 EGLIN AFB FL 32542 850-882-2751 FOB: Destination To: DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 30-NOV-2015 1 96 CEG/CEP - F1T2BR F1T2BR STEPHEN BLALOCK 501 DE LEON ST BLDG 634 STE 100 EGLIN AFB FL 32542 850-882-2751 FOB: Destination The following Delivery Schedule item for CLIN 0006 has been changed from: DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 30-MAY-2015 1 796 CES/CEOU - F1T2AU F1T2AU CHARLES MCBAY 501 DE LEON ST BLDG 696 STE 1 RM 40 EGLIN AFB FL 32542 882-4055 FOB: Destination To: DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC 30-NOV-2015 1 796 CES/CEOU - F1T2AU F1T2AU CHARLES MCBAY 501 DE LEON ST BLDG 696 STE 1 RM 40 EGLIN AFB FL 32542 882-4055 FOB: Destination (End of Summary of Changes) Packet Pg. 695  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: FY14 SMP Revision DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Pursuant to Section D.200(2) of the Tourist Development Department Operations and Procedures Manual, all advertising/marketing expenditures made during the fiscal year shall be in conformity with the approved Strategic Marketing Plan. BACKGROUND: The adopted FY 2013-14 Strategic Marketing Plan (SMP) provides for digital outdoor advertising in 3 metro markets for the Christmas season. However, digital outdoor advertising was conducted earlier than scheduled and ran the Fall campaign in order to capitalize on a successful summer season and improve fall seasonal occupancy rather than waiting until Christmas. The Strategic Marketing Plan must be revised in the form of a Resolution to reflect this change. This change is evidenced in red font on page 5 of the attached FY 2013-14 Consolidated Strategic Marketing Plan - Revised. The Tourist Development Council reviewed the revised SMP and voted to recommend approval at its October 23, 2014 meeting. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve Resolution 2014-__ adopting the Okaloosa County Tourist Development Department FY 2013-14 Consolidated Strategic Marketing Plan - Revised; a copy of which is attached. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 696  RESOLUTION NO. 2014-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, ADOPTING THE CONSOLIDATED STRATEGIC MARKETING PLAN - REVISED FOR FISCAL YEAR 2013- 2014; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Tourist Development Operations and Procedures Manual (the “Manual”) requires the adoption of a Tourist Development Strategic Marketing Plan (the “Plan”) as a component of each annual budget submitted by the Tourist Development Department (the “TDD”); and WHEREAS, on November 5, 2013, the Board of County Commissioners (the “Board”) approved the Plan, which set forth the proposed marketing and promotional activities and expenditures to be performed by the TDD’s advertising agency during Fiscal Year 2013-2014 (the “Ad Agency Plan”); and WHEREAS, on March 18, 2014, the Board revised the Ad Agency Plan and set forth the proposed marketing and promotional activities and expenditures to be performed by TDD staff during Fiscal Year 2013-2014 (the “In-House Plan”); and WHEREAS, on May 6, 2014, the Board adopted a Consolidated Plan, which set forth all proposed marketing and promotional activities and expenditures during Fiscal Year 2013-2014; and WHEREAS, certain promotional activities and expenditures were conducted earlier than scheduled in the adopted Consolidated Plan to capitalize on a successful summer season and improve fall seasonal occupancy; and WHEREAS, the Tourist Development Council at its October 23, 2014 meeting reviewed the Consolidated Plan-Revised and voted unanimously to recommend approval; and WHEREAS, the Board finds that adopting the Consolidated Plan-Revised, which sets forth the revised marketing and promotional activities and expenditures for Fiscal Year 2013- 2014 is in the public interest and is consistent with the requirements of the Manual. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, AS FOLLOWS: SECTION 1: RECITALS The recitals set forth above are true and correct and are incorporated into this Resolution. SECTION 2: ADOPTION OF THE TOURIST DEVELOPMENT MARKETING PLAN Packet Pg. 697  A. The Board hereby adopts the attached Consolidated Plan-Revised, which sets forth the marketing and promotional activities and expenditures for Fiscal Year 2013-2014. B. The expenditures provided in the Consolidated Plan-Revised constitute only a general allocation of projected revenues between the general tasks outlined therein and do not constitute the authorization for the expenditure of those funds. All such expenditures must be authorized pursuant to established County policies codified in Sections D.400 and E.600 of the Manual. SECTION 3: EFFECTIVE DATE This resolution shall become effective immediately upon adoption by the Board of County Commissioners and shall govern all expenditures for marketing and promotion for Fiscal Year 2013-2014. ADOPTED this _____ day of __________ 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA By: ________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J D PEACOCK II CLERK AD INTERIM By: _______________________________ Deputy Clerk Packet Pg. 698  October 1, 2013 – September 30, 2014 Consolidated Strategic Marketing Plan - Revised TDC: October 23, 2014 BCC: November 4, 2014 Packet Pg. 699  FY 2013-14 Consolidated Strategic Marketing Plan Budget Current Budget New Budget Ad Agency Strategic Marketing Plan $2,600,000 $2,581,187 In-House Strategic Marketing Plan $588,782 $457,534 Special Events & Sponsorships $375,000 $375,000 (awarded per Section F of TDD Manual) Promotional Reserve* - $150,061 FY 2013-14 Strategic Marketing Plan $3,563,782 $3,563,782 Transportation/Lodging/Meals** ($54,582)* ($54,582)* Budgeted Promotional Activities (548xxx accts) $3,509,200 $3,509,200 *Promotional Reserve funds are budgeted for promotional opportunities that may arise which were unknown when developing the SMP. To the greatest extent possible, such opportunities will be presented to the TDC for recommendation to the BCC for approval in advance. However, these funds may be appropriated in accordance with County approval authority and with concurrence of the TDC Chairman if an opportunity would be lost due to the timing of regular TDC and BCC meetings. In such case, the TDC and BCC will be apprised of the use of these dollars at their next regularly scheduled meetings. **not accounted for in a -548xxx promotions account TDC 10/23/14 BCC 11/4/14 2 Packet Pg. 700 Ad Agency Marketing Plan Budget Original Revised New Budget Budget Budget Research (ongoing visitor profile and economic impact study) $55,200 $55,200 $55,200 Leisure Media $1,194,800 $1,371,629 $1,371,629 Co-Op Opportunities $285,000 $24,952 $24,952 Meetings and Conventions $100,000 $86,971 $86,971 Groups $100,000 $70,320 $70,320 Collateral, Campaign Production and Visitors Guide $400,000 $507,115 $507,115 Base Services/Travel Reimbursement $465,000 $465,000 $465,000 Last Minute Deals Promotional Reserve - $18,813 - Total $2,600,000 $2,600,000 $2,581,187 TDC 10/23/14 BCC 11/4/14 3 Packet Pg. 701  Leisure Media Summary Vendor Opportunity Original Budget Revised Budget Visit Florida Guide 2-page, 4C spread – January release $15,000 $15,000 Play Florida FP, 4C ad – year round distribution $28,650 $28,650 Life’s a Beach FP, 4C ad – spring/fall/winter $9,345 $9,345 Coastal Living FP, 4C ad - Visit Florida: February & April 2014 $47,740 $47,740 FP, 4C ad – reduced from full-year to Beaches, Resorts, and Parks $9,030 $6,020 seasonal presence 2/3 page, 4C ad – November 2013 & August Southern Living $124,000 $124,000 2014 Family Circle, Family Fun, FP, 4C ad – May 2014 $53,674 $53,674 Parents Bon Appetit/Architectural FP, 4C – July 2014 $72,770 $72,770 Digest/Vanity Fair FP, 4C – May 2014 ; Custom advertorial Travel+Leisure/Food & Wine creation ; digital Mar-May 2014 exposure ; $0 $0 custom e-blast TDC 10/23/14 BCC 11/4/14 4 Packet Pg. 702  Leisure Media Summary Vendor Opportunity Original Budget Revised Budget 3 metro market; reduced from Christmas Digital Outdoor $40,000 $20,000 2013 & 2014 to only Christmas Fall 2014 FP, 4C – VF: Escape to the South – January Toronto Life $10,949 $10,949 2014 FP, 4C – February 2014 issue Crossings $4,500 $4,500 FL editorial and guaranteed EC content Reduced from FP to 2/3P, Regional Magazines 4C units – top-feeder markets, Christmas, $223,624 $175,549 Spring/Summer, Fall :30 sec schedules Nationally for all key Satellite Radio $30,895 $30,895 campaigns Yahoo BT/Geo-Targeted Banners $117,000 $117,000 Google Keyword Text Ads $78,911 $78,911 TDC 10/23/14 BCC 11/4/14 5 Packet Pg. 703  Leisure Media Summary Vendor Opportunity Original Budget Revised Budget Targeted Tile Ads, Promoted Facebook $28,583 $28,583 Posts Run of Site Banners, CanadianTraveller.net $8,700 $8,700 Newsletter, Social Media Mind Ad Server Ad Serving Fees $10,855 $10,855 FP ad, online banners, Collinson Media $0 $24,999 winter event listing PBS, Family Travel Show 30 minute show exclusive $0 $30,000 Fall (task orders approved prior to 10/1/13) $93,657 $185,273 Christmas (task orders approved prior to 10/1/13) $0 $163,131 Pass Through (Aviation, Powerboat) $24,000 $24,000 2014 Media Planning & Purchasing $101,120 $101,085 Contingency $61,797 $0 Total $1,194,800 $1,371,629 TDC 10/23/14 BCC 11/4/14 6 Packet Pg. 704  Co-Op Summary Market Opportunity Original Revised Budget Budget Canadian Traveler FP, ad in Visit Florida’s Canadian Guide $4,976 $4,976 Canadian Traveler FP, ad in Visit Florida’s Spring Issue $4,976 $4,976 Southwest Airlines FP Ad, August $0 $15,000 All Others Various $275,048 $0 Total $285,000 $24,952 TDC 10/23/14 BCC 11/4/14 7 Packet Pg. 705  Meetings/Conventions Summary Vendor Opportunity Original Budget Revised Budget SGMP HP4C ad in Annual Show Guide – March $2,000 $2,000 Bonus FP4C ad in November and 100 hours Meetings Focus $6,500 $6,500 for Lead Generation Program Custom package: Print, Online, E-blasts, Plan Your Meetings $5,000 $5,000 Events, 80 hours for Lead Generation Collinson Media Print, Online, E-blasts and Lead Generation $17,450 $17,450 HP4C ad in Sep/Oct “Florida/The South Prevue Central Meeting”, online, E-blasts, online $3,865 $3,865 Q&A interview Group Travel Family FP4C ad in Nov/Dec and custom package: $8,500 $8,500 Print, Online, E-blasts TDC 10/23/14 BCC 11/4/14 8 Packet Pg. 706  Meetings/Conventions Summary Vendor Opportunity Original Budget Revised Budget GaMPI Workshop Educational Workshop Sponsorship $2,750 $5,500 CVENT 2 Diamond Listing and Suggested Ad Test $5,802 $5,802 Google Text Ads Targeted to Relevant Search Queries $13,206 $13,206 Media Mind Ad serving fees $0 $500 Conventions South HP ad $0 $2,278 CMCA QP, newsletters (4x) $0 $800 SMERF E-blast, newsletter and banner ad $0 $3,450 GSAE Banner ads $0 $2,025 Small Market Meetings 1/3 page print ads, e-newsletter $0 $895 Convention Center Development of creative needs $0 $9,200 Creative Ads Contingency 2-page, 4C spread – Jan issue $35,000 $0 Total $100,073 $86,971 TDC 10/23/14 BCC 11/4/14 9 Packet Pg. 707  Groups Summary Vendor Opportunity Original Budget Revised Budget HP4C ad in Southern Destination Atlanta Weddings $3,339 $3,339 Weddings - February HP4C ad in Winter and Fall Birmingham Weddings $2,336 $2,336 Weddings & Destinations 12-month digital package with The Knot $8,520 $8,520 access to direct mail list and e-blast Southern Bride HP4C ad in Winter/Spring edition $1,850 $1,850 HP4C ad in Visit Florida’s Jan/Feb Annual Worldwide Guide and Destination Weddings & May/June in Destination Weddings $11,270 $11,270 Honeymoons & Honeymoons. Includes 12 month online presence, including e-newsletter & weekly leads Revised from inclusion in show Dallas Bridal Show bags: business card & brochure to $500 $500 an E-blast TDC 10/23/14 BCC 11/4/14 10 Packet Pg. 708  Groups Summary Vendor Opportunity Original Revised Budget Budget FP4C ad in Directory and QP4C ad in Spring Alabama Motorcoach $800 $800 Newsletter Florida Motorcoach FP4C ad in Directory $1,500 $0 Enhanced Display Listing in 2014 American Bus Association Motorcoach Marketer and 4 months of $2,446 $0 digital banners on buses.org 1/3P4C ad in February edition and Reunions Military Reunions Workbook in August. Print & Online Annual $3,220 $3,220 Listing for 12 months HP4C ad in January Planning Guide and 6 Religious Travel Directory $4,395 $4,395 months of digital banners HP4C ad in September planning Guide – Sports Planning Guide available in print and online. Inclusion in e- $3,400 $0 newsletter to 8,800 sports events planners Sports Events Media Group Customized digital package in development $4,000 $3,525 HP4C ad in Visit Florida March. Includes Convene bonus distribution at ASAE & DMAI $4,500 $0 conferences 12 Month Digital banner on GSAE-TV Home GSAE $4,050 $2,025 Page (1 of only 5 pages) – links back to site TDC 10/23/14 BCC 11/4/14 11 Packet Pg. 709  Groups Summary Vendor Opportunity Original Revised Budget Budget 2/3P4C ad in LSAE Annual Directory in Other Associations June 3 month digital banners on ASAE and $5,710 $4,465 sponsorship of TSAE event Destination Showcase 2014 Show Date TBD. Customized package $2,850 $0 Chicago in development Show Date: February 28 – March 2, 2014 NY Times Travel Show $3,600 $0 Customized package in development Show Date: December 4 – 6, 2013 Florida Encounter $2,200 $0 Customized package in development Memphis Show Date: March 7 – 9, 2014 Southern Women’s Nashville Show Date: March 27 – 30, 2014 $3,600 $0 Tradeshow Customized package in development GaMPI Workshop Educational Workshop Sponsorship $2,750 $2,750 CVENT 2 Diamond Listing and Suggested Ad Test $5,802 $0 TDC 10/23/14 BCC 11/4/14 12 Packet Pg. 710  Groups Summary Vendor Opportunity Original Budget Revised Budget Red Hot Celebration Digital banners, e-newsletters $0 $1,000 Military Reunions Print and digital online listing $0 $5,000 Marketplace Media Mind Ad serving fees $0 $750 Group Travel Leader Print ad $0 $2,500 Creative development of wedding Wedding Trade Show Banner $0 $2,875 trade show banner Group Creative Ads Development of creative needs $0 $9,200 Contingency $17,362 $0 Total $100,000 $70,320 TDC 10/23/14 BCC 11/4/14 13 Packet Pg. 711  In-House Marketing Plan Budget Current Budget New Budget Destination Team $77,569 $77,569 ECCC Sales Team $61,755 $61,755 ECCC Events Team $111,150 $111,150 Film Commission $66,500 $66,500 Local Event Participation $18,700 $18,700 Other Marketing Activities $253,108 $121,860 $588,782 $457,534 Transportation/Lodging/Meals* ($54,582)* ($54,582)* $534,200 $402,952 *not accounted for in a -548xxx promotions account TDC 10/23/14 BCC 11/4/14 14 Packet Pg. 712  Destination Team Marketing Plan TRADE SHOW Location Market Budget TSAE/FSAE/LSAE Luncheons Various Associations $800 Visit FL - Florida Encounters Palm Beach, FL Meeting Planners $2,100 American Bus Association Nashville, TN Tour Operators/Owners $1,295 Visit FL – New York Times New York, NY Travel Trade/Consumer $3,200 Dallas Bridal Show Dallas, TX Weddings $1,495 Southeast Travel Show Greenville, SC Travel Agents $450 Georgia Bridal Show Atlanta, GA Weddings $800 Southern Womens Show Memphis, TN Leisure/Consumer $1,000 Military Travel Show Fort Benning, GA Military $100 Military Travel Show Albany, GA Military $400 Military Travel Show Robins AFB, GA Military $125 Military Travel Show Fort Rucker, AL Military $100 International Pow Wow Chicago, IL Tour Operators/Owners $2,500 Military Travel Show Eglin AFB, FL Military $400 Military Travel Show Hurlburt AFB, FL Military $200 Military Travel Show NAS Whiting Field, FL Military $200 continued… TDC 10/23/14 BCC 11/4/14 15 Packet Pg. 713  Destination Team Marketing Plan TRADE SHOW Location Market Budget Visit FL – VIP Event Chicago, IL Meeting Planners $1,500 GAMPI Workshop Atlanta, GA Meeting Planners $1,500 ASAE Springtime in the Park Washington, DC Govt/Meeting Planners $1,500 Destination Showcase Chicago, IL Meeting Planners $1,500 Your Military Reunion Connection Nashville, TN Military $895 Alabama Motorcoach Shreveport, LA Tour Operators/Owners $895 Connect – Collinson Media Orlando, FL SMERF $3,200 Going on Faith Cabarrus County, NC Religious $895 Rejuvenate – Collinson Media Daytona Beach, FL Religious $3,200 Boomers in Groups Little Rock, AR Niche $1,195 Florida Motorcoach TBD Tour Operators/Owners $895 Visit Florida Programs Various Various $5,500 AAA Show Montgomery, AL Leisure $79 Military Familiarization Tour Emerald Coast Military $4,500 Collateral/Promotional Items $10,000 Transportation/Lodging/Meals* $25,150* $77,569 *not accounted for in a -548xxx promotions account TDC 10/23/14 BCC 11/4/14 16 Packet Pg. 714  Sales Team Marketing Plan TRADE SHOW Location Market Budget Small Market Meetings Conference Mesa, AZ Corporate/Meeting Planners $6,495 TSAE Education Day & Trade Show Tallahassee, FL Corporate/Meeting Planners $870 MSAE-LSAE Joint Conference Orange Beach, AL Association Planners $1,650 Rejuvenate – Collinson Media & Events Daytona Beach, FL Religious Meeting Planners $1,450 PCMA Annual Conference Boston, MA Association Planners $3,000 GAMPI Meetings & Exploration Conference Atlanta, GA Corporate/Association Planners $2,000 SGMP National Education Conference Portland, OR Government Planners $1,995 CMCA Conference Colorado Springs, CO Religious Meeting Planners $3,250 Collaborative Marketplace – Collinson Media Portland, OR Corporate Meeting Planners $3,000 ASAE Springtime in the Park Washington, DC Govt/Corp/Assn Planners $3,795 MPI Professional Education Conference Minneapolis, MN Regional, National, Corporate $1,100 Plan Your Meetings Dallas, TX Govt/Corp/Assn Planners $1,500 MPI SE Education Conference Amelia Island, FL Govt/Corp/Assn Planners $2,500 Connect – Collinson Media & Events Orlando, FL Govt/Corp/Assn Planners $2,150 Transportation/Lodging/Meals* $7,500* $42,255 *not accounted for in a -548xxx promotions account TDC 10/23/14 BCC 11/4/14 17 Packet Pg. 715  Sales Team Marketing Plan SALES TRIPS Affiliation Market Budget Birmingham/Montgomery, AL ACAE Corporate/Association Planners $300 Huntsville/Montgomery, AL n/a Government/Corporate Planners $300 New Orleans, LA LSAE Corporate/Association Planners $300 Atlanta, GA MPI/GSAE Corporate Meetings $600 Jackson, MS n/a Corporate/Association Planners $700 Montgomery, AL ACAE Association Planners $300 Tallahassee, FL TSAE Govt/Corp/Assn Planners $300 Transportation/Lodging/Meals* $3,500* $6,300 TRADE SHOWS & SALES TRIPS Budget Promotional Items $8,200 Collateral $5,000 $13,200 *not accounted for in a -548xxx promotions account TDC 10/23/14 BCC 11/4/14 18 Packet Pg. 716  Events Team Marketing Plan Market Budget Exhibition Pad Grand Opening/Familiarization Tour Local & Out of Area Clients $77,100 Exhibition Pad Branding/Integrated Collateral ECCC Clients $15,000 Exhibition Pad Familiarization Tours Existing Clients $5,000 Exhibition Pad Familiarization Tours Potential Clients $5,000 Todd Oliver Show Leisure $1,600 $103,700 LOGO’D ITEMS FOR CLIENTS Budget Gift Items (e.g. hat, cup, lip balm, towel, etc) $5,000 Stationary Sets $650 Golf Sets $1,800 $7,450 TDC 10/23/14 BCC 11/4/14 19 Packet Pg. 717  Film Commission Marketing Plan Location Budget Film Commissioner Salary $38,000 Rally in Tally (March) Tallahassee, FL $0 Tribeca Film Festival (April) New York, NY $2,000 Producers Guild Conference (June) Los Angeles, CA $3,000 Indie Slate Sundance Promotional Ad $1,000 Website Hosting & SEO (filmemeraldcoast.fl) $4,068 Postage/Freight* $532* Transportation/Lodging/Meals* $16,400* Location Photo Gallery Platform* $900* Film Florida Membership* $600* $66,500 *not accounted for in a -548xxx promotions account TDC 10/23/14 BCC 11/4/14 20 Packet Pg. 718  Local Event Participation LOCAL EVENTS Market Budget Okaloosa Island Mardi Gras Leisure $1,000 Sock Hop Snowbirds $2,000 Winter Guest Fest Snowbirds $500 Destin Snowbird Welcome Snowbirds $100 Fort Walton Snowbird Welcome Snowbirds $100 Burning Up the Beaches 2013 Niche – Car Enthusiasts $7,500 Burning Up the Beaches 2014 Niche – Car Enthusiasts $7,500 $18,700 TDC 10/23/14 BCC 11/4/14 21 Packet Pg. 719  Other Marketing Activities Market Current Budget New Budget Airport Displays Groups/Meetings/Conventions $4,100 $4,100 Destin Chamber of Commerce Directory Groups/Meetings/Conventions $1,000 $1,000 FWB Chamber of Commerce Directory Groups/Meetings/Conventions $1,000 $1,000 emeraldcoastfl.com Leisure $6,660 $6,660 emeraldcoastconventioncenter.com Groups/Meetings/Conventions $1,500 $1,500 myemeraldcoastevent.com ECCC website enhancements Groups/Meetings/Conventions $50,000 $50,000 Communications (e.g. newsletters, press releases) Various $6,000 $6,000 Environmental Council Beach Cleanups $9,000 $9,000 GeoCaching Leisure $10,000 $10,000 EcoTourism Leisure $10,000 $10,000 Promotional Items Leisure $10,000 $10,000 Social Media Content Development Leisure $10,000 $10,000 Entertainment Expenses/Meals for Meetings Tourism Industry Professionals $2,600 $2,600 Last Minute Deals Promotional Reserve Various $131,248 - $253,108 $121,860 TDC 10/23/14 BCC 11/4/14 22 Packet Pg. 720  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: FY15 SMP Update DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Pursuant to Section D.200(2) of the Tourist Development Department Operations and Procedures Manual, the Strategic Marketing Plan (SMP) sets forth the proposed marketing activities and expenditures for the year. BACKGROUND: Actual partner participation in the co-op program is less than anticipated in the SMP adopted by the Board on August 19. Several co-op opportunities are not being pursued due to lack of partner interest, and the agency has proposed alternatives. These changes result in a minor net decrease to co-op program costs. The Tourist Development Council reviewed this SMP co-op program update and voted to recommend approval at its October 23, 2014 meeting. Peter Mayer Task Order 150, which authorizes the advertising agency to purchase media under the co-op program, is currently being revised and will be presented on November 18. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve the following: 1) Elimination of Collinson Media (print), Rachael Ray/More (print), International Travel Guide (print), and Southern Living (digital) from the co-op program. 2) Addition of Fall Travel to the Southeast (print/digital) and Southwest Spirit (print) to the co- op-program. 3) Staff to present amendment of the SMP in the form of a resolution on a quarterly basis to memorialize changes. RECOMMENDED BY: Packet Pg. 721 APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 722 Packet Pg. 723  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Non-Deployment of the Tenneco DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Request cancelling the deployment of the Tenneco vessel as an artificial reef to avoid the risks of towing and deploying an aging vessel of questionable structural integrity. BACKGROUND: The Tenneco is a concrete hulled vessel constructed in St. Marks, FL in 1942. The TDC allocated $75K for deployment of the Tenneco vessel as an artificial reef to serve as a dive certification platform on May 30, 2013. The BCC approved the acquisition of the Tenneco on June 18, 2013 pending certain conditions being met. The permit for the Tenneco deployment area has been approved by the FDEP, but it is still pending USACE approval. It is unknown when the County will receive USACE approval for Fish Haven 19. A positive HazMat inspection has been received from SCS Engineering, and a positive Coast Guard inspection has been completed. The approved/awarded marine contractor’s insurance should provide coverage during transport of the vessel, but the County will need to provide coverage once the vessel is docked. Before the Tenneco can be deployed as artificial reef material, it will need to be completely cleaned and stripped of all wooden materials, tanks, and hazardous materials. Very little of the original deck structure (structures that visually define it as a vessel) will remain intact. The Tenneco will essentially be a cigar shaped concrete hull resting in approximately 60 feet of water. The logistics for prepping the vessel for deployment will include the coordination of volunteer groups to perform the work, dumpsters and barrels for the disposal of waste oils, fuel, and other hazardous materials, and heavy equipment may be required to efficiently deconstruct the entire upper wooden deck area. The Tenneco is currently moored in Bayou Chico, directly adjacent to the Barrancas Ave Bridge and Pelican’s Perch Marina. Unless a safe harbor can be found within Okaloosa County, the Tenneco will need to be cleaned and prepped for deployment in Pensacola. Preparation of the Tenneco has not been yet begun, but it will take a significant effort and may present Okaloosa County with additional liabilities. In addition, the marine contractor that removed the vessel from the Pelican’s Perch Marina berth pointed out that they felt that the vessel was “a little fragile” and stated that they used great caution when they pulled it away from the dock and off of the bottom where it had been resting for approximately 30 years. The Pelican’s Perch Marina is under pressure from the FDEP to dispose of the Tenneco as a condition of their submerged land lease renewal, and Okaloosa County TDD was recently contacted for support regarding the FDEP’s requirement to remove the vessel from Bayou Chico. The FY 2014-15 budget includes $75,000 for Boat Reef (account 1175-563753). Staff requests the Tenneco deployment no longer be pursued due to logistical, liability, and financial concerns. Packet Pg. 724 The budgeted funds will be better spent on deploying donated concrete materials from Eglin AFB or another structure to serve as a dive certification platform. The Tourist Development Council voted to recommend cancelling the Tenneco deployment at its October 23, 2014 meeting. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve cancelling deployment of the Tenneco vessel as an artificial reef. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 725 BEFORE AFTER Packet Pg. 726  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Waste Management Contract Amendment DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Request Board approval for Waste Management contract amendment to be retroactive to July 1, 2014. BACKGROUND: The County is currently in a 36-month contract for dumpster service at the Emerald Coast Convention Center. In accordance with the “Customer Comments” on page 2 of 4 of WM Agreement # S0003339246, “Rate guarantee for one year excluding disposal price increases. Then cap rate increase in years 2 & 3 to no more than 3%, excluding disposal.” Waste Management invoiced a 3% increase to the haul rate and disposal rate effective 7/1/14 (the start of year 2). However, the contract must first be amended to reflect the change in price. Legal and Purchasing have reviewed the contract amendment to memorialize the rate increase, and the amendment falls within the signature authority of the Purchasing Manager. Board approval is being requested since the contract amendment date is retroactive to July 1, 2014. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve making Amendment 1 to Waste Management contract C03- 0898-TDC retroactive to July 1, 2014. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 727 Packet Pg. 728 Packet Pg. 729 Packet Pg. 730 Packet Pg. 731 Packet Pg. 732 Packet Pg. 733 Packet Pg. 734 Packet Pg. 735 Packet Pg. 736 Packet Pg. 737 Packet Pg. 738 Packet Pg. 739 Packet Pg. 740 Packet Pg. 741 Packet Pg. 742 Packet Pg. 743 Packet Pg. 744 Packet Pg. 745 Packet Pg. 746 Packet Pg. 747 Packet Pg. 748 Packet Pg. 749 Packet Pg. 750 Packet Pg. 751 Packet Pg. 752 Packet Pg. 753 Packet Pg. 754 Packet Pg. 755 Packet Pg. 756 Packet Pg. 757 Packet Pg. 758 Packet Pg. 759 Packet Pg. 760 Packet Pg. 761  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Systems Specialists - Crestview Courthouse - Contract Renewal DEPARTMENT: Facility Maintenance BCC DISTRICT: All STATEMENT OF ISSUE: Requests BCC approval of a renewal of the contract with Systems Specialists for HVAC Monitoring and Controls for the Crestview Courthouse with an effective start date of 10/01/2014. BACKGROUND: The steps necessary to exercise the available extensions remaining on the Systems Specialists HVAC Monitoring and Controls contract were not completed prior to the September 30, 2014 expiration of the current term. This contract provides hosting for remote monitoring and controls systems maintenance and necessary repair for county HVAC systems at the Crestview Courthouse. Internal communication and coordination efforts are improving so that a request to the Board for an after-the-fact renewal of the contract for this service will not be necessary. RECOMMENDATIONS: (FM) Requests BCC approval of a renewal of the contract with Systems Specialists for HVAC Monitoring and Controls for the Crestview Courthouse with an effective start date of 10/01/2014. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 762 Packet Pg. 763 Packet Pg. 764 Packet Pg. 765 Packet Pg. 766 Packet Pg. 767 Packet Pg. 768 Packet Pg. 769 Packet Pg. 770 Packet Pg. 771 Packet Pg. 772  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Systems Specialists - Jail - Contract Renewal DEPARTMENT: Facility Maintenance BCC DISTRICT: All STATEMENT OF ISSUE: Requests BCC approval of a renewal of the contract with Systems Specialists for HVAC Monitoring and Controls for the Jail with an effective start date of 10/01/2014. BACKGROUND: The steps necessary to exercise the available extensions remaining on the Systems Specialists HVAC Monitoring and Controls contract were not completed prior to the September 30, 2014 expiration of the current term. This contract provides hosting for remote monitoring and controls systems maintenance and necessary repair for county HVAC systems at the Jail. Internal communication and coordination efforts are improving so that a request to the Board for an after-the-fact renewal of the contract for this service will not be necessary. RECOMMENDATIONS: (FM) Requests BCC approval of a renewal of the contract with Systems Specialists for HVAC Monitoring and Controls for the Jail with an effective start date of 10/01/2014. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 773 Packet Pg. 774 Packet Pg. 775 Packet Pg. 776 Packet Pg. 777 Packet Pg. 778 Packet Pg. 779 Packet Pg. 780 Packet Pg. 781 Packet Pg. 782 Packet Pg. 783 Packet Pg. 784 Packet Pg. 785 Packet Pg. 786  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Systems Specialists - EOC - Contract Renewal DEPARTMENT: Facility Maintenance BCC DISTRICT: All STATEMENT OF ISSUE: Requests BCC approval of a renewal of the contract with Systems Specialists for HVAC Monitoring and Controls for the EOC with an effective start date of 10/01/2014. BACKGROUND: The steps necessary to exercise the available extensions remaining on the Systems Specialists HVAC Monitoring and Controls contract were not completed prior to the September 30, 2014 expiration of the current term. This contract provides hosting for remote monitoring and controls systems maintenance and necessary repair for county HVAC systems at the EOC. Internal communication and coordination efforts are improving so that a request to the Board for an after-the-fact renewal of the contract for this service will not be necessary. RECOMMENDATIONS: (FM) Requests BCC approval of a renewal of the contract with Systems Specialists for HVAC Monitoring and Controls for the EOC with an effective start date of 10/01/2014. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 787 Packet Pg. 788 Packet Pg. 789 Packet Pg. 790 Packet Pg. 791 Packet Pg. 792 Packet Pg. 793 Packet Pg. 794 Packet Pg. 795 Packet Pg. 796 Packet Pg. 797  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Systems Specialists - No. & So. Fiber Hubs - Contract Renewal DEPARTMENT: Facility Maintenance BCC DISTRICT: All STATEMENT OF ISSUE: Requests BCC approval of a renewal of the contract with Systems Specialists for HVAC Monitoring and Controls for the No. & So. Fiber Hubs with an effective start date of 10/01/2014. BACKGROUND: The steps necessary to exercise the available extensions remaining on the Systems Specialists HVAC Monitoring and Controls contract were not completed prior to the September 30, 2014 expiration of the current term. This contract provides hosting for remote monitoring and controls systems maintenance and necessary repair for county HVAC systems at the No. & So. Fiber Hubs. Internal communication and coordination efforts are improving so that a request to the Board for an after-the-fact renewal of the contract for this service will not be necessary. RECOMMENDATIONS: (FM) Requests BCC approval of a renewal of the contract with Systems Specialists for HVAC Monitoring and Controls for the No. & So. Fiber Hubs with an effective start date of 10/01/2014. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 798 Packet Pg. 799 Packet Pg. 800 Packet Pg. 801 Packet Pg. 802 Packet Pg. 803 Packet Pg. 804 Packet Pg. 805 Packet Pg. 806 Packet Pg. 807 Packet Pg. 808  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Systems Specialists - South Courthouse - Contract Renewal DEPARTMENT: Facility Maintenance BCC DISTRICT: All STATEMENT OF ISSUE: Requests BCC approval of a renewal of the contract with Systems Specialists for HVAC Monitoring and Controls for the South Courthouse with an effective start date of 10/01/2014. BACKGROUND: The steps necessary to exercise the available extensions remaining on the Systems Specialists HVAC Monitoring and Controls contract were not completed prior to the September 30, 2014 expiration of the current term. This contract provides hosting for remote monitoring and controls systems maintenance and necessary repair for county HVAC systems at the South Courthouse. Internal communication and coordination efforts are improving so that a request to the Board for an after-the-fact renewal of the contract for this service will not be necessary. RECOMMENDATIONS: (FM) Requests BCC approval of a renewal of the contract with Systems Specialists for HVAC Monitoring and Controls for the South Courthouse with an effective start date of 10/01/2014. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 809 Packet Pg. 810 Packet Pg. 811 Packet Pg. 812 Packet Pg. 813 Packet Pg. 814 Packet Pg. 815 Packet Pg. 816 Packet Pg. 817 Packet Pg. 818 Packet Pg. 819 Packet Pg. 820  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Bond Resolution and Authorization DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: After presentation by Mark Galvin, First Southwest Company, Mark Mustian, Nabors, Giblin and Nickerson, P.A., the Board is asked to consider and approve: 1. A Resolution amending Resolution No. 09-190 providing that the Debt Service Reserve Account on any future series of bonds be zero. 2 Supplemental Resolution delegating to the Chairman of the Board of County Commissioners and the County Administrator the authorization to determine final structure within certain established parameters. BACKGROUND: On September 16, 2014 the Board of County Commissioners authorized Staff and the County’s Financial Advisor, Mark Galvin of FirstSouthwest Company to move forward with a 20 year bond issue to fund the construction plan of the Administrative Complex in Shalimar, and an RFQ for design/build contractor for the Crestview Courthouse renovation. Additionally, the Board gave direction on the construction of new building adjacent to the Sheriff's Office. Since then, staff has worked with various contractors on the three projects to the best cost estimate. Concurrently, the County Administrator, legal team, Clerk of Courts Finance Director, and other staff members and the County’s bond underwriters (RBC Capital Markets and Crews and Associates) have worked with County’s financial advisor and bond counsel in preparing the necessary documents including drafts of the preliminary official Statement and amending bond resolution. The County as part of this process had their AA rating from Standard and Poor’s affirmed and an upgrade bond rating from Fitch Rating Services From A+ to AA- in addition to securing bond insurance commitment from America Mutual. Approval of the Resolution will allow for the Chairman of the Board of County Commissioners and the County Administrator the authorization to determine final structure within certain established parameters. RECOMMENDATIONS: Staff recommends approval of the resolutions as presented which authorizes the Chairman to execute all appropriate documents on behalf of the County to complete the issuance of not to exceed amount of $25 million and to award the sale of the bonds to the underwriters based on the not to exceed parameters as set forth in the resolution and with the recommendations of the Financial Advisor. RECOMMENDED BY: Packet Pg. 821 APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 822 Packet Pg. 823 Packet Pg. 824 Packet Pg. 825 Packet Pg. 826 Packet Pg. 827  55 Water Street, 38th Floor New York, NY 10041-0003 tel 212-438-2000 reference no.: 1366173 October 23, 2014 Okaloosa County 302 N. Wilson Street, Suite 203 Crestview, FL 32536 Attention: Mr. Gary J. Stanford, Finance Director Re: US$24,100,000 Okaloosa County, Florida, Sales Tax Revenue Bonds, Series 2014 Dear Mr. Stanford: Pursuant to your request for a Standard & Poor’s Ratings Services (“Ratings Services”) rating on the above-referenced obligations, Ratings Services has assigned a rating of "AA". Standard & Poor's views the outlook for this rating as stable. A copy of the rationale supporting the rating is enclosed. This letter constitutes Ratings Services’ permission for you to disseminate the above-assigned ratings to interested parties in accordance with applicable laws and regulations. However, permission for such dissemination (other than to professional advisors bound by appropriate confidentiality arrangements) will become effective only after we have released the rating on standardandpoors.com. Any dissemination on any Website by you or your agents shall include the full analysis for the rating, including any updates, where applicable. To maintain the rating, Standard & Poor’s must receive all relevant financial and other information, including notice of material changes to financial and other information provided to us and in relevant documents, as soon as such information is available. Relevant financial and other information includes, but is not limited to, information about direct bank loans and debt and debt- like instruments issued to, or entered into with, financial institutions, insurance companies and/or other entities, whether or not disclosure of such information would be required under S.E.C. Rule 15c2-12. You understand that Ratings Services relies on you and your agents and advisors for the accuracy, timeliness and completeness of the information submitted in connection with the rating and the continued flow of material information as part of the surveillance process. Please send all information via electronic delivery to: pubfin_statelocalgovt@standardandpoors.com. If SEC rule 17g-5 is applicable, you may post such information on the appropriate website. For any information not available in electronic format or posted on the applicable website, Please send hard copies to: Standard & Poor’s Ratings Services Public Finance Department 55 Water Street New York, NY 10041-0003 PF Ratings U.S. (7/18/14) Packet Pg. 828 Page | 2 The rating is subject to the Terms and Conditions, if any, attached to the Engagement Letter applicable to the rating. In the absence of such Engagement Letter and Terms and Conditions, the rating is subject to the attached Terms and Conditions. The applicable Terms and Conditions are incorporated herein by reference. Ratings Services is pleased to have the opportunity to provide its rating opinion. For more information please visit our website at www.standardandpoors.com. If you have any questions, please contact us. Thank you for choosing Ratings Services. Sincerely yours, Standard & Poor's Ratings Services gl enclosures cc: Mr. Mark P. Galvin, Senior Vice President FirstSouthwest PF Ratings U.S. (7/18/14) Packet Pg. 829  Standard & Poor’s Ratings Services Terms and Conditions Applicable To Public Finance Credit Ratings General. The credit ratings and other views of Standard & Poor’s Ratings Services (“Ratings Services”) are statements of opinion and not statements of fact. Credit ratings and other views of Ratings Services are not recommendations to purchase, hold, or sell any securities and do not comment on market price, marketability, investor preference or suitability of any security. While Ratings Services bases its credit ratings and other views on information provided by issuers and their agents and advisors, and other information from sources it believes to be reliable, Ratings Services does not perform an audit, and undertakes no duty of due diligence or independent verification, of any information it receives. 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No person is intended as a third party beneficiary of any credit rating engagement or of a credit rating when issued. PF Ratings U.S. (02/16/13) Packet Pg. 831  PRELIMINARY OFFICIAL STATEMENT DATED NOVEMBER 6, 2014 NEW ISSUE – BOOK-ENTRY ONLY RATINGS: See "Ratings" herein In the opinion of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel, under existing statutes, regulations, rulings and court decisions, interest on the Series 2014 Bonds is (a) excluded from gross income of the owners of the Series 2014 Bonds for federal income tax purposes (except as described under the caption "TAX EXEMPTION" herein) and (b) not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations. See "TAX EXEMPTION" herein. $_________* OKALOOSA COUNTY, FLORIDA SALES TAX REVENUE BONDS, SERIES 2014 Dated: Date of Delivery Due: October 1, as shown on the inside cover The $________* Sales Tax Revenue Bonds, Series 2014 (the "Series 2014 Bonds") are being issued by Okaloosa County, Florida (the "County") to finance the acquisition and construction of improvements to County facilities. The Series 2014 Bonds are being issued as fully registered Bonds in denominations of $5,000 or any integral multiple thereof. Interest on the Series 2014 Bonds is payable on April 1 and October 1 of each year, commencing April 1, 2015 (each, an "Interest Payment Date") to the Registered Owners of the Series 2014 Bonds shown on the registration books of the County held by Hancock Bank, Orlando, Florida, as Registrar and Paying Agent (the "Registrar and Paying Agent") on the fifteenth day (whether or not a business day) of the calendar month next preceding an Interest Payment Date, by check or draft mailed to such Registered Owners by the Registrar and Paying Agent. The principal of the Series 2014 Bonds will be payable upon presentation and surrender of the Series 2014 Bonds at the corporate trust office of the Registrar and Paying Agent in Orlando, Florida. The Series 2014 Bonds will initially be registered in the name of Cede & Co. as Registered Owner and nominee for The Depository Trust Company, New York, New York ("DTC"), an automated depository for securities and clearing house for securities transactions. Purchasers of the Series 2014 Bonds (the "Beneficial Owners") will not receive physical delivery of the Series 2014 Bonds. So long as DTC, or its nominee, is the Registered Owner of the Series 2014 Bonds, payment of the principal of and interest on the Series 2014 Bonds will be provided directly to the DTC Participants which in turn remit such payments to the Beneficial Owners (as defined herein) of the Series 2014 Bonds. See "DESCRIPTION OF THE SERIES 2014 BONDS -- Book-Entry Only" herein. Packet Pg. 832  The Series 2014 Bonds are subject to redemption prior to maturity, as more fully described herein. The Series 2014 Bonds are being issued to (1) finance the development and construction of improvements to County facilities, including the Crestview courthouse, (2) refund the County's Sales Tax Revenue Bond Anticipation Note, Series 2014, and (3) pay the costs of issuance of the Series 2014 Bonds. For additional information, see "THE PROJECT" herein. The Series 2014 Bonds are being issued under the authority of Chapter 125, Part I, Florida Statutes, and other applicable provisions of law (the "Act") and pursuant to the provisions of Resolution No. 09-190, duly adopted by the Board of County Commissioners of the County on November 17, 2009, as amended and supplemented, and particularly as amended and supplemented by Resolution No. 14- ____, duly adopted on November 4, 2014 (collectively, the "Resolution"). The Series 2014 Bonds are payable from and secured by a lien upon and pledge of the Pledged Funds which includes the Sales Tax Revenues, and, until applied in accordance with the provisions of the Resolution, all moneys, including investments thereof, in the funds and accounts established by the Resolution, other than the Rebate Fund. The Series 2014 Bonds are secured on a parity as to the Pledged Funds with the County's Sales Tax Revenue Bonds, Series 2009A and Taxable Sales Tax Revenue Bonds, Series 2009B (Direct Payment Build America Bonds). THE SERIES 2014 BONDS AND THE INTEREST THEREON DO NOT CONSTITUTE A DEBT. LIABILITY OR OBLIGATION OF THE STATE OF FLORIDA, THE COUNTY, OR ANY OTHER POLITICAL SUBDIVISION THEREOF (OTHER THAN A SPECIAL OBLIGATION OF THE COUNTY) AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE STATE OR THE COUNTY OR ANY OTHER POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE PAYMENT OF THE SERIES 2014 BONDS OR THE INTEREST THEREON. The County has received a commitment from Build America Mutual Assurance Company to guarantee the scheduled payment of principal of and interest on the Series 2014 Bonds when due under a financial guaranty insurance policy to be issued concurrently with the issuance of the Series 2014 Bonds. The decision as to which of the Series 2014 Bonds, if any, such policy shall apply to will be made by the County at the time of pricing the Series 2014 Bonds. SEE THE INSIDE COVER PAGE FOR MATURITIES, PRINCIPAL AMOUNTS, INTEREST RATES, PRICES OR YIELDS AND CUSIP NUMBERS. Packet Pg. 833  This cover page is not intended to be a summary of the terms or security provisions of the Series 2014 Bonds. Investors are advised to read the entire Official Statement to obtain information essential to the making of an informed investment decision. The Series 2014 Bonds are offered for delivery when, as and if issued and received by the Underwriters, subject to the approval of legality by Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel and Disclosure Counsel. First Southwest Company, Orlando, Florida, is serving as Financial Advisor to the County. Certain legal matters will be passed upon for the County by its County Attorney, Nabors, Giblin & Nickerson, P.A. Anchors Smith Grimsley, Fort Walton Beach, Florida is acting as Counsel to the Underwriters. It is expected that the Series 2014 Bonds will be available for delivery through DTC in New York, New York on or about November 25, 2014. RBC CAPITAL MARKETS CREWS & ASSOCIATES Dated: November ___, 2014 Packet Pg. 834  $_________* OKALOOSA COUNTY, FLORIDA SALES TAX REVENUE BONDS, SERIES 2014 MATURITIES, PRINCIPAL AMOUNTS, INTEREST RATES YIELDS AND INITIAL CUSIP NUMBERS Maturity Principal Interest Yield Initial CUSIP (October 1) Amounts Rates or Price Number† 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 *Preliminary, subject to change. † The County shall not be responsible for the use of CUSIP numbers, nor is any representation made as to their correctness. They are included solely for the convenience of the readers of this Official Statement. Packet Pg. 835  OKALOOSA COUNTY, FLORIDA 1804 Lewis Turner Boulevard, Suite 100 Ft. Walton Beach, Florida 32547 (850) 651-7105 THE BOARD OF COUNTY COMMISSIONERS Kelly Windes, Chairman Nathan Boyles, Vice Chairman Wayne Harris, Commissioner Dave Parisot, Commissioner Don Amunds, Commissioner CLERK OF THE CIRCUIT COURT Don W. Howard INTERIM COUNTY ADMINISTRATOR John Hofstad FINANCE OFFICER Gary J. Stanford COUNTY ATTORNEY Nabors, Giblin & Nickerson, P.A. Tallahassee, Florida FINANCIAL ADVISOR First Southwest Company Orlando, Florida BOND COUNSEL AND DISCLOSURE COUNSEL Nabors, Giblin & Nickerson, P.A. Tampa, Florida Packet Pg. 836  No dealer, broker, salesman or other person has been authorized by the County to give any information or to make any representation with respect to the Series 2014 Bonds other than those contained in this Official Statement, and if given or made, such information or representations must not be relied upon as having been authorized by any of the foregoing. This Official Statement does not constitute an offer to sell nor the solicitation of an offer to buy, nor will there be any sale of the Series 2014 Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. THE INFORMATION SET FORTH HEREIN HAS BEEN OBTAINED FROM THE COUNTY AND OTHER SOURCES WHICH ARE BELIEVED TO BE RELIABLE, AND WHILE NOT GUARANTEED AS TO COMPLETENESS OR ACCURACY, IS BELIEVED TO BE CORRECT. THE UNDERWRITERS HAVE REVIEWED THE INFORMATION IN THIS OFFICIAL STATEMENT IN ACCORDANCE WITH AND AS A PART OF THEIR RESPONSIBILITIES TO INVESTORS UNDER FEDERAL SECURITIES LAWS AS APPLIED TO THE FACTS AND CIRCUMSTANCES OF THIS TRANSACTION, BUT THE UNDERWRITERS DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. THE INFORMATION AND EXPRESSIONS OF OPINION STATED HEREIN ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE DELIVERY OF THIS OFFICIAL STATEMENT WILL NOT, UNDER ANY CIRCUMSTANCES, CREATE ANY IMPLICATION THAT THERE HAS BEEN NO CHANGE IN THE AFFAIRS OF THE COUNTY SINCE THE DATE HEREOF. THIS OFFICIAL STATEMENT CONTAINS CERTAIN PROJECTIONS AND ESTIMATES, AS WELL AS ASSUMPTIONS MADE BY THE COUNTY BASED UPON INFORMATION CURRENTLY AVAILABLE TO THE COUNTY. WHEN USED IN THIS OFFICIAL STATEMENT, THE WORDS "ANTICIPATE," "ESTIMATE," "EXPECT" AND SIMILAR EXPRESSIONS ARE INTENDED TO IDENTIFY PROJECTIONS AND ESTIMATES. SUCH STATEMENTS ARE SUBJECT TO CERTAIN RISKS, UNCERTAINTIES AND ASSUMPTIONS. SHOULD ONE OR MORE OF THESE RISKS OR UNCERTAINTIES MATERIALIZE, OR SHOULD UNDERLYING ASSUMPTIONS PROVE INCORRECT, ACTUAL RESULTS MAY VARY MATERIALLY FROM THOSE ANTICIPATED, ESTIMATED OR EXPECTED. THE ASSUMPTIONS AND EXPECTATIONS CONCERNING THE RECEIPT IN FUTURE YEARS OF THE SALES TAX REVENUES THAT SECURE THE SERIES 2014 BONDS ARE SUBJECT TO VARIOUS UNCERTAINTIES THAT MAY ADVERSELY AFFECT THE AMOUNT OF PLEDGED FUNDS COLLECTED BY THE COUNTY. THE SERIES 2014 BONDS HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION UNDER THE SECURITIES ACT Packet Pg. 837 OF 1933, AS AMENDED, NOR HAS THE RESOLUTION BEEN QUALIFIED UNDER THE TRUST INDENTURE ACT OF 1939, AS AMENDED, IN RELIANCE UPON EXEMPTIONS CONTAINED IN SUCH ACTS. THE REGISTRATION OR QUALIFICATION OF THE SERIES 2014 BONDS IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE SECURITIES LAWS OF THE STATES, IF ANY, IN WHICH THE SERIES 2014 BONDS HAVE BEEN REGISTERED OR QUALIFIED AND THE EXEMPTION FROM REGISTRATION OR QUALIFICATION IN CERTAIN OTHER STATES CANNOT BE REGARDED AS A RECOMMENDATION THEREOF. NEITHER THESE STATES NOR ANY OF THEIR AGENCIES HAVE PASSED UPON THE MERITS OF THE SERIES 2014 BONDS OR THE ACCURACY OR COMPLETENESS OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE. References herein to laws, rules, regulations, resolutions, agreements, reports and other documents do not purport to be comprehensive or definitive. All references to such documents are qualified in their entirety by reference to the particular document, the full text of which may contain qualifications of and exceptions to statements made herein. Where full texts have not been included as appendices to this Official Statement they will be furnished on request from John Hofstad, Interim County Administrator, 1804 Lewis Turner Boulevard, Suite 400, Fort Walton Beach, Florida 32547, Telephone No. (850) 651-7515. Packet Pg. 838  TABLE OF CONTENTS Page INTRODUCTION .......................................................................................................... 1 AUTHORITY FOR ISSUANCE OF THE SERIES 2014 BONDS............................... 2 PURPOSE OF THE SERIES 2014 BONDS.................................................................. 2 SOURCES AND USES OF FUNDS ............................................................................. 2 DEBT SERVICE SCHEDULE ...................................................................................... 3 DESCRIPTION OF THE SERIES 2014 BONDS ......................................................... 4 General........................................................................................................................ 4 Book-Entry Only System............................................................................................ 4 No Assurance Regarding DTC Practices.................................................................... 7 Registration, Transfer and Exchange.......................................................................... 8 Redemption Provisions ............................................................................................... 9 Notice and Effect of Redemption ............................................................................. 10 SOURCES OF AND SECURITY FOR PAYMENT OF THE SERIES 2014 BONDS................................................................................................................... 12 General...................................................................................................................... 12 Limited Obligations .................................................................................................. 13 Establishment of Funds and Accounts...................................................................... 13 Application of Pledged Funds................................................................................... 14 Issuance of Additional Bonds ................................................................................... 18 Investment of Moneys .............................................................................................. 20 PLEDGED FUNDS...................................................................................................... 21 Sources of Payment .................................................................................................. 21 Historical Sales Tax Revenues ................................................................................. 24 Distribution of Sales Tax Revenues.......................................................................... 24 Debt Service Coverage from Sales Tax Revenues ................................................... 25 MUNICIPAL BOND INSURANCE............................................................................ 25 THE PROJECT ............................................................................................................ 25 INVESTMENT CONSIDERATIONS ......................................................................... 26 General...................................................................................................................... 26 Limited Special Obligations ..................................................................................... 26 Bond Insurance ......................................................................................................... 26 Economic Factors ..................................................................................................... 28 THE COUNTY............................................................................................................. 28 Background ............................................................................................................... 28 Eglin Complex .......................................................................................................... 28 Population ................................................................................................................. 29 Government .............................................................................................................. 29 Budgetary Process..................................................................................................... 30 Annual Audit............................................................................................................. 30 Packet Pg. 839  Description of Financial Practices ............................................................................ 30 Investment Policy ..................................................................................................... 31 LEGAL MATTERS ..................................................................................................... 31 Legal Opinions.......................................................................................................... 31 Litigation................................................................................................................... 32 TAX MATTERS RELATED TO THE SERIES 2014 BONDS .................................. 33 Opinion of Bond Counsel ......................................................................................... 33 Internal Revenue Code of 1986 ................................................................................ 33 Collateral Tax Consequences.................................................................................... 33 Other Tax Matters ..................................................................................................... 34 Bond Premium .......................................................................................................... 35 GENERAL PURPOSE FINANCIAL STATEMENTS ............................................... 35 RATINGS..................................................................................................................... 35 ADVISORS AND CONSULTANTS........................................................................... 36 UNDERWRITING ....................................................................................................... 36 DISCLOSURE MATTERS.......................................................................................... 37 Certificate as to Official Statement........................................................................... 37 Continuing Disclosure .............................................................................................. 37 APPENDIX A -- AUDITED GENERAL PURPOSE FINANCIAL STATEMENTS FOR YEAR ENDED SEPTEMBER 30, 2013 APPENDIX B -- GENERAL INFORMATION PERTAINING TO OKALOOSA COUNTY, FLORIDA APPENDIX C -- FORM OF RESOLUTION APPENDIX D -- FORM OF BOND COUNSEL OPINION APPENDIX E -- SPECIMEN FINANCIAL GUARANTY INSURANCE POLICY APPENDIX F -- FORM OF CONTINUING DISCLOSURE CERTIFICATE Packet Pg. 840  OFFICIAL STATEMENT relating to $_________* OKALOOSA COUNTY, FLORIDA SALES TAX REVENUE BONDS, SERIES 2014 INTRODUCTION The purpose of this Official Statement, which includes the cover page and the Appendices hereto, is to furnish information with respect to the issuance by Okaloosa County, Florida (the "County"), of its $_________* Sales Tax Revenue Bonds, Series 2014 (the "Series 2014 Bonds"). The meaning of capitalized terms used herein shall be as defined in the Resolution, the form of which is attached hereto as Appendix C, unless otherwise defined herein or where the context would clearly indicate otherwise. The references, excerpts and summaries of all documents referred to herein do not purport to be complete statements of the provisions of such documents, and reference is made to the originals of all such documents for full and complete statements of all matters of fact relating to the Series 2014 Bonds, the security for the payment of the Series 2014 Bonds, and the rights and obligations of Registered Owners thereof. Copies of such documents, agreements, reports and statements that are not included in their entirety in this Official Statement may be obtained from the office of the County's Financial Advisor. The assumptions, estimates, projections and matters of opinion contained in this Official Statement, whether or not so expressly stated, are set forth as such and not as matters of fact, and no representation is made that any of the assumptions or matters of opinion herein are valid or that any projections or estimates contained herein will be realized. Neither this Official Statement nor any other statement, which may have been made verbally or in writing in connection with the Series 2014 Bonds, other than the Resolution, is to be construed as a contract with the Registered Owners of the Series 2014 Bonds. For a description of the terms and conditions of the Series 2014 Bonds, reference is made to the Resolution, a form of which is included in Appendix C to this Official Statement. The description of the Resolution and the Series 2014 Bonds contained herein do not purport to be comprehensive or definitive, and reference is made to the Resolution, on file with the County, for the complete terms thereof. The term "Bonds" as used herein refers to the Series 2014 Bonds together with the County's Outstanding Sales Tax Revenue Bonds, Series 2009A and Taxable Sales Tax *Preliminary, subject to change. 1 Packet Pg. 841 Revenue Bonds, Series 2009B (Direct Payment Build America Bonds), and any Additional Bonds issued in the future under the Resolution. AUTHORITY FOR ISSUANCE OF THE SERIES 2014 BONDS The Series 2014 Bonds are authorized to be issued pursuant to Chapter 125, Part I, Florida Statutes, and other applicable provisions of law (the "Act"), and Resolution No. 09-190, duly adopted by the Board of County Commissioners (the "Board") of the County on November 17, 2009, as amended and supplemented, and particularly as amended and supplemented by Resolution No. 14-___, duly adopted on November 4, 2014 (collectively, the "Resolution"). PURPOSE OF THE SERIES 2014 BONDS The proceeds of the Series 2014 Bonds will be used by the County pursuant to the Resolution to provide funds for the purpose of (i) financing the costs of the acquisition and construction improvements to County facilities, including the Crestview courthouse, (ii) refunding the County's Sales Tax Revenue Bond Anticipation Note, Series 2014 and (iii) paying certain expenses related to the issuance and sale of the Series 2014 Bonds. See the information under the heading "THE PROJECT", herein. SOURCES AND USES OF FUNDS The table that follows summarizes the sources and uses of funds to be derived from the sale of the Series 2014 Bonds. SOURCES: Principal Amount of Series 2014 Bonds $ Original Issue Discount/Premium TOTAL SOURCES $ USES: Refunding of the 2014 Note $ Deposit to Construction Account Underwriters' Discount Cost of Issuance(1) TOTAL USES $ (1) Includes legal and financial advisory fees, rating agencies fees, printing costs, and premiums for financial guaranty insurance policy and reserve account surety bond. 2 Packet Pg. 842  DEBT SERVICE SCHEDULE The following table sets forth the scheduled annual debt service payments on the Series 2009 Bonds and Series 2014 Bonds. The amounts shown in the table reflect mandatory redemption of Series 2009 Term Bonds and Series 2014 Term Bonds. Bond Year Series 2014 Bonds Series 2009 Bonds(1) Total Ending Debt October 1 Principal Interest Principal Interest Service 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2040 Total $ $ $ $ $ (1) The Taxable Series 2009B Bonds were issued as "Build America Bonds," whereby the United States Government provides a cash subsidy payment to the County with respect to such indebtedness. The above referenced debt service amounts do not take into account any such subsidy payment. However, for certain purposes of calculating debt service under the Resolution, such federal subsidy payments are netted out. See "SECURITY FOR THE BONDS," herein. 3 Packet Pg. 843  DESCRIPTION OF THE SERIES 2014 BONDS General The Series 2014 Bonds will be dated the date of delivery, will be issued in fully registered form, in the denominations of $5,000 each or integral multiples thereof, and will bear interest, computed on the basis of a 360-day year, consisting of twelve 30-day months, at the rates and mature on the dates set forth on the inside cover page of this Official Statement. Interest on the Series 2014 Bonds will be payable on April 1, 2015 and semiannually thereafter on April 1 and October 1 of each year. Principal of, redemption premium, if any, and interest on the Series 2014 Bonds will be payable in the manner described under "DESCRIPTION OF THE SERIES 2014 BONDS -- Book-Entry Only System" herein. The Registrar and Paying Agent for the Series 2014 Bonds is Hancock Bank, Orlando, Florida. The Series 2014 Bonds will be subject to redemption as described under "DESCRIPTION OF THE SERIES 2014 BONDS -- Redemption Provisions" herein. The Series 2014 Bonds will bear a Certificate of Authentication to be manually executed by the Registrar, and no Series 2014 Bond will be valid or obligatory for any purpose unless the Certificate of Authentication thereon has been duly executed by the Registrar. Book-Entry Only System The information provided immediately below concerning DTC and the Book- Entry Only System has been obtained from DTC and is not guaranteed as to accuracy or completeness by, and is not to be construed as a representation by, the Underwriter, the County or the Paying Agent. Unless the book-entry system described herein is terminated, DTC will act as securities depository for the Series 2014 Bonds. The Series 2014 Bonds will be issued as fully-registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One or more fully-registered bond certificates will be issued for the Series 2014 Bonds, and will be deposited with the Paying Agent on behalf of DTC. Individual purchases of beneficial interests in the Series 2014 Bonds will be made in increments of $5,000 or integral multiples thereof. DTC and its Participants. DTC, the world's largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to 4 Packet Pg. 844 the provisions of Section 17A of the Securities Exchange Act of 1934, as amended. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non- U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has a Standard & Poor's Rating of AA+. The DTC Rules applicable to its Direct and Indirect Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. The contents of such website do not constitute a part of this Official Statement. Purchases. Purchases of the Series 2014 Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Series 2014 Bonds on DTC's records. The ownership interest of each actual purchaser of each Series 2014 Bond ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchases. Beneficial Owners are, however, expected to receive written confirmations providing details of the transactions, as well as periodic statements of their holdings, from the Direct or Indirect Participants through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Series 2014 Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Bonds, except in the event that use of the book-entry system for the Series 2014 Bonds is discontinued. Transfers. To facilitate subsequent transfers, all Series 2014 Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of the Series 2014 Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial 5 Packet Pg. 845 Owners of the Series 2014 Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Series 2014 Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Notices. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of the Series 2014 Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Series 2014 Bonds, such as redemptions, tenders, defaults, and proposed amendments to the Bond documents. For example, Beneficial Owners of Series 2014 Bonds may wish to ascertain that the nominee holding the Series 2014 Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the Paying Agent and request that copies of notices be provided directly to them. Redemption notices shall be sent to DTC. If less than all of the Series 2014 Bonds within an issue are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to the Series 2014 Bonds unless authorized by a Direct Participant in accordance with DTC's procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Series 2014 Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). NEITHER THE COUNTY NOR THE PAYING AGENT WILL HAVE ANY RESPONSIBILITY OR OBLIGATION TO SUCH PARTICIPANTS OR THE PERSONS FOR WHOM THEY ACT AS NOMINEES WITH RESPECT TO THE PAYMENTS TO OR THE PROVIDING OF NOTICE FOR THE DTC PARTICIPANTS, THE INDIRECT PARTICIPANTS OR THE BENEFICIAL OWNERS OF THE SERIES 2014 BONDS. THE CITY CANNOT PROVIDE ANY ASSURANCE THAT DTC, DIRECT PARTICIPANTS OR OTHERS WILL DISTRIBUTE PAYMENTS OF PRINCIPAL OF, PREMIUM, IF ANY, OR INTEREST ON THE SERIES 2014 BONDS PAID TO DTC OR ITS NOMINEE, AS THE REGISTERED OWNER, OR ANY NOTICES TO THE BENEFICIAL OWNERS OR THAT THEY WILL DO SO ON A TIMELY BASIS, OR THAT DTC WILL ACT IN THE MANNER DESCRIBED IN THIS OFFICIAL STATEMENT. 6 Packet Pg. 846  Payments. Payments on the Series 2014 Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from the Paying Agent on the relevant payable date in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the Paying Agent or the County, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the Paying Agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. Discontinuance of Book-Entry-Only System. DTC may discontinue providing its services as depository with respect to the Series 2014 Bonds at any time by giving reasonable notice to the County or the Paying Agent. Under such circumstances, in the event that a successor depository is not obtained, certificated Series 2014 Bonds are required to be printed and delivered to the holders of record. The County may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository) with respect to the Series 2014 Bonds. Under current industry practices, however, DTC would notify its Direct or Indirect Participants of the County's decision but will only withdraw beneficial interests from a Series 2014 Bond at the request of any Direct or Indirect Participant. In that event, certificates for the Series 2014 Bonds will be printed and delivered. No Assurance Regarding DTC Practices The foregoing information in this section concerning DTC and DTC's book- entry system has been obtained from sources that the County believes to be reliable, but the County, the Underwriter and the Paying Agent take no responsibility for the accuracy thereof. So long as Cede & Co. is the registered owner of the Series 2014 Bonds as nominee of DTC, references herein to the holders or registered owners of the Series 2014 Bonds will mean Cede & Co. and will not mean the Beneficial Owners of the Series 2014 Bonds. None of the County, the Paying Agent or the Underwriter will have any responsibility or obligation to the Participants, DTC or the persons for whom they act 7 Packet Pg. 847 with respect to (i) the accuracy of any records maintained by DTC or by any Direct or Indirect Participant of DTC, (ii) payments or the providing of notice to the Direct Participants, the Indirect Participants or the Beneficial Owners, (iii) the selection by DTC or by any Direct or Indirect Participant of any Beneficial Owner to receive payment in the event of a partial redemption of the Series 2014 Bonds or (iv) any other action taken by DTC or its partnership nominee as owner of the Series 2014 Bonds. Registration, Transfer and Exchange The Series 2014 Bonds will be and have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities Laws of the State of Florida, subject to the DTC Book-Entry Only System and to the provisions for registration, exchange and transfer contained in the Resolution and in the Series 2014 Bonds. The Series 2014 Bonds will be transferable only upon the registration books maintained for such purpose at the corporate trust office of the Registrar. So long as any of the Series 2014 Bonds remain outstanding, the Registrar must maintain and keep books for the registration of the Series 2014 Bonds. All Series 2014 Bonds presented for transfer, exchange, or payment (if so required by the County or the Registrar) must be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the County or the Registrar, duly executed by the Registered Owner or by his or her duly authorized attorney. The Registrar or the County may require payment from the Registered Owner or transferee of a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in connection with any exchange or transfer of the Series 2014 Bonds. Such charges and expenses shall be paid before any new Series 2014 Bonds shall be delivered. The Registrar is not required to issue, transfer or exchange any Series 2014 Bonds between the Record Date and the relative Interest Payment Date on such Series 2014 Bonds or, in the case of any proposed redemption of Bonds, after any such Series 2014 Bonds or any portion thereof has been selected for redemption. New Series 2014 Bonds delivered upon any transfer or exchange will be valid obligations of the County, evidencing the same debt as the Series 2014 Bonds surrendered, will be secured by the Resolution, and will be entitled to all of the security and benefits of the Resolution to the same extent as the Series 2014 Bonds surrendered. 8 Packet Pg. 848  The County and the Registrar may treat the Registered Owner of any Series 2014 Bond as the absolute owner thereof for all purposes, whether or not such Series 2014 Bond is overdue, and will not be bound by any notice to the contrary. Redemption Provisions Optional Redemption. The Series 2014 Bonds maturing on and before October 1, 20_, are not redeemable prior to their stated dates of maturity. The Series 2014 Bonds or portions thereof maturing on October 1, 20_, and thereafter, are redeemable prior to their stated dates of maturity, at the option of the County, in whole or in part on October 1, 20_, and on any date thereafter, and if in part from such maturities and in such amounts as the County in its sole discretion shall select and by lot within a maturity if less than a full maturity, from moneys which may be available for such purpose and deposited with the Paying Agent on or before the date fixed for redemption, at a redemption price (expressed as a percentage of the principal amount thereof) as set forth in the table below, together with accrued interest on such principal amount to the redemption date, if redeemed in the following periods: Redemption Period (Both Dates Inclusive) Redemption Price October 1, 20___ through September 30, 20___ October 1, 20___ through September 30, 20___ October 1, 20___ and thereafter Mandatory Redemption. The Term Series 2014 Bonds maturing on October 1, 20_ are to be retired from amounts credited monthly to the Payment Account as mandatory Amortization Installments, which amounts are required to be sufficient to retire by October 1 of each year the principal amount of such Series 2014 Bonds set forth in the table below: 20___ Term Bonds Year Principal Amount * *Maturity 9 Packet Pg. 849 Notice and Effect of Redemption The Series 2014 Bonds shall be redeemed only in the principal amount of $5,000 each and integral multiples thereof. The County shall, at least sixty (60) days prior to the redemption date (unless a shorter time period shall be satisfactory to the Registrar) notify the Registrar of such redemption date and of the principal amount of Series 2014 Bonds to be redeemed. For purposes of any redemption of less than all of the outstanding Series 2014 Bonds of a single maturity, the particular Series 2014 Bonds or portions of Series 2014 Bonds to be redeemed shall be selected not more than forty-five (45) days prior to the redemption date by the Registrar from the outstanding Series 2014 Bonds of the maturity or maturities designated by the County and, by lot within a maturity, in principal amounts of $5,000 and integral multiples thereof. If less than all of the outstanding Series 2014 Bonds of a single maturity are to be redeemed, the Registrar shall promptly notify the County and Paying Agent (if the Registrar is not the Paying Agent for such Bonds) in writing of the Series 2014 Bonds or portions of Series 2014 Bonds selected for redemption and, in the case of any Series 2014 Bond selected for partial redemption, the principal amount thereof to be redeemed. Notice of such redemption, which shall specify the Series 2014 Bond or Bonds (or portions thereof) to be redeemed and the date and place for redemption, shall be given by the Registrar on behalf of the County, and (A) shall be filed with the Paying Agent for such Series 2014 Bonds, and (B) shall be mailed first class, postage prepaid, at least thirty (30) days prior to the redemption date to all Holders of Series 2014 Bonds to be redeemed at their addresses as they appear on the registration books kept by the Registrar. Each notice of redemption shall state: (1) the CUSIP numbers of all Series 2014 Bonds being redeemed; (2) the original issue date of such Series 2014 Bonds; (3) the maturity date and rate of interest borne by each Series 2014 Bond being redeemed; (4) the redemption date; (5) the redemption price; (6) the date on which such notice is mailed; (7) if less than all outstanding Series 2014 Bonds are to be redeemed the certificate number (and, in the case of a partial redemption of any Series 2014 Bond, the principal amount) of each Series 2014 Bond to be redeemed; (8) that on such redemption date there shall become due and payable upon each Series 2014 Bond to be redeemed the redemption price thereof, or the redemption price of the specified portions of the principal thereof in the case of Series 2014 Bonds to be redeemed in part only, together with interest accrued thereon to the redemption date, and that from and after such date interest thereon shall cease to accrue and be payable; (9) that the Series 2014 Bonds to be redeemed, whether as a whole or in part, are to be surrendered for payment of the redemption price at the principal office of the Paying 10 Packet Pg. 850 Agent at an address specified; and (1 0) the name and telephone number of a person designated by the Paying Agent to be responsible for such redemption. Within 60 days of the date of redemption, the Paying Agent shall give a second notice of redemption by mailing another copy of the redemption notice to the Holders of Bonds called for redemption but which have not been presented for payment within 30 days after the date set for redemption. In addition to the mailing of the notice described above, each notice of redemption and payment of the Redemption Price shall meet the following requirements; provided, however, the failure to provide such further notice of redemption or to comply with the terms of this paragraph shall not in any manner defeat the effectiveness of a call for redemption if notice thereof is given as prescribed above. (a) Each further notice of redemption shall be sent by certified mail or overnight delivery service or telecopy to all registered securities depositories then in the business of holding substantial amounts of obligations of types comprising the Bonds and to two or more national information services which disseminate notices of prepayment or redemption of obligations such as the Bonds. (b) Each further notice of redemption shall be sent to such other Person, if any, as shall be required by applicable law or regulation. The County may provide that a notice of redemption may be contingent upon the occurrence of certain condition(s) and that if such condition(s) do not occur the notice will be rescinded, provided notice of rescission shall be mailed in the manner described above to all affected Bondholders not later than three Business Days after the Issuer determines that such conditions will not be satisfied. Any Series 2014 Bond which is to be redeemed only in part shall be surrendered at any place of payment specified in the notice of redemption (with due endorsement by, or written instrument of transfer in form satisfactory to the Registrar duly executed by, the Holder thereof or his attorney duly authorized in writing) and the County shall execute and the Registrar shall authenticate and deliver to the Holder of such Series 2014 Bond, without service charge, a new Series 2014 Bond or Series 2014 Bonds, of the same interest rate and maturity, and of any authorized denomination as requested by such Holder, in an aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Series 2014 Bonds so surrendered. Notice of redemption having been given substantially as aforesaid, the Series 2014 Bonds or portions of Series 2014 Bonds so to be redeemed shall, on the 11 Packet Pg. 851 redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the County shall default in the payment of the redemption price) such Series 2014 Bonds or portions of Series 2014 Bonds shall cease to bear interest. Upon surrender of such Series 2014 Bonds for redemption in accordance with said notice, such Series 2014 Bonds shall be paid by the Registrar and/or Paying Agent at the appropriate redemption price, plus accrued interest. All Series 2014 Bonds which have been redeemed shall be cancelled by the Registrar and shall not be reissued. SOURCES OF AND SECURITY FOR PAYMENT OF THE SERIES 2014 BONDS General The principal of, premium if any, and interest on the Series 2014 Bonds will be payable from and will be secured solely by a lien upon and a pledge of (i) the Sales Tax Revenues, and (ii), until applied in accordance with the provisions of the Resolution, all moneys, including investments thereof, in the funds and accounts established under the Resolution other than the Rebate Fund (collectively, the "Pledged Funds"). The Series 2014 Bonds are secured by the Pledged Funds on a parity with the County's Sales Tax Revenue Bonds, Series 2009A and Taxable Sales Tax Revenue Bonds, Series 2009B (Direct Payment Build America Bonds) (collectively, the "Series 2009 Bonds"), which are currently outstanding in the aggregate principal amount of $________. The Series 2014 Bonds, Series 2009 Bonds and any Additional Bonds issued pursuant to the Resolution are collectively referred to herein as the "Bonds". The Series 2009B Bonds were issued as "Build America Bonds," whereby the United States Government is to provide a federal subsidy payment to the County on a semi-annual basis with respect to the Series 2009B Bonds. For purposes of issuing Additional Bonds (including the Series 2014 Bonds) and computing the Reserve Account Requirement, the Resolution provides that such federal subsidy payments shall be computed net of the federal payments. Set forth below is a table showing the amount of Federal Direct Payments received by the County in fiscal years 2010-2014: (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 12 Packet Pg. 852  Federal Direct Fiscal Year Payments Received* 2010 $140,442.70 2011 484,617.02 2012 487,678.58 2013 465,000.38 2014 451,145.14 *Due to federal sequestration, the County did not receive the full amount of expected federal subsidy payments in fiscal years 2013 or 2014. Limited Obligations THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON THE SERIES 2014 BONDS WILL NOT BE OR CONSTITUTE A GENERAL INDEBTEDNESS OF THE COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION, AND THE COUNTY IS NOT OBLIGATED TO LEVY ANY AD VALOREM TAXES FOR THE PAYMENT THEREOF. NEITHER THE FULL FAITH AND CREDIT NOR THE AD VALOREM TAXING POWER OF THE COUNTY, THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF IS PLEDGED TO SUCH PAYMENT, AND NO OWNER OF ANY SERIES 2014 BOND SHALL EVER HAVE THE RIGHT TO COMPEL THE EXERCISE OF THE AD VALOREM TAXING POWER OF THE COUNTY OR TAXATION IN ANY FORM ON ANY REAL OR PERSONAL PROPERTY TO PAY THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON SUCH SERIES 2014 BOND, OR BE ENTITLED TO PAYMENT THEREOF FROM ANY MONEYS OF THE COUNTY EXCEPT FROM THE PLEDGED FUNDS IN THE MANNER AND TO THE EXTENT PROVIDED IN THE RESOLUTION. THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE SERIES 2014 BONDS DO NOT CONSTITUTE A LIEN UPON ANY PROPERTY OF OR IN THE COUNTY, OTHER THAN THE PLEDGED FUNDS, IN THE MANNER PROVIDED IN THE RESOLUTION. Establishment of Funds and Accounts The Resolution establishes several funds and accounts, including a Revenue Fund, a Debt Service Fund, a Payment Account and a Reserve Account within the Debt Service Fund, and a Rebate Fund. The Reserve Account will not secure the Series 2014 Bonds. Moneys in these funds and accounts, other than the Rebate Fund, until applied in accordance with the provisions of the Resolution, will be subject to a lien and charge in favor of the Holders of the Series 2014 Bonds and for the further security of such Holders, all as provided in the Resolution. 13 Packet Pg. 853  The moneys required to be accounted for in each of the funds and accounts established under the Resolution may be deposited in a single bank account, and funds allocated to such funds and accounts may be invested in a common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the moneys on deposit therein and such investments for the various purposes of such funds and accounts. The designation and establishment of the various funds and accounts by the Resolution does not require the establishment of any completely independent, self- balancing funds as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues for certain purposes and to establish certain priorities for application of such revenues as herein provided. Application of Pledged Funds Debt Service Fund. The Resolution requires the County to, within two Business Days after receipt thereof, deposit into the Revenue Fund all Sales Tax Revenues. On or before the last day of each month, subject to the credits provided for in the Resolution, the County shall deposit to the Payment Account in the Debt Service Fund such sums as are necessary to pay the principal and interest coming due on the Bonds in the current calendar month if such interest and principal amounts were deemed to accrue monthly (assuming that a year consists of twelve (12) equivalent calendar months having thirty (30) days each). Commencing in the month which is one year prior to the first Amortization Installment, there shall be deposited or credited to the Payment Account the sum which, together with the balance in such account, shall equal the Amortization Installment on all Term Bonds outstanding due and unpaid and that portion of the Amortization Installments of all Term Bonds outstanding next due which would have accrued on such Term Bonds during the then calendar month if such Amortization Installments were deemed to accrue monthly (assuming that a year consists of twelve (12) equivalent calendar months having thirty (30) days each) in equal amounts the next preceding Amortization Installment due date, or, if there is no such preceding Amortization Installment due date, from a date one year preceding the due date of such Amortization Installment. All Hedge Receipts and Direct Payments, if any, shall be deposited directly to the Payment Account upon receipt. Moneys in the Payment Account shall be used (a) to pay interest, principal and Amortization Installments on all outstanding Bonds, on a pro-rata basis, as and when the same become due, whether by redemption or otherwise, and (b) for Hedge Payments, and for other purposes. The County shall adjust the amount of the deposit into the Payment Account not later than the month immediately preceding any Interest Payment ate so as to provide sufficient moneys in the Payment Account to pay the 14 Packet Pg. 854 interest, principal and Amortization Installments on the Bonds coming due on such Interest Payment Date. No further deposit needs be made to the Interest Account when the moneys therein are equal to the interest coming due on the Outstanding Bonds on the next succeeding Interest Payment Date. With respect to debt service on any Bonds which are subject to a Qualified Hedge Agreement, any Hedge Payments due to the Qualified Hedge Agreement Counterparty relating to such Bonds shall be paid to the Qualified Hedge Agreement Counterparty on a parity basis with the aforesaid required payments into the Payment Account. In computing the interest on Variable Rate Bonds which shall accrue during a calendar month, the interest rate on such Variable Rate Bonds shall be assumed to be 120% of the average of the SIFMA Index over a 12 month period of time ending on the date immediately prior to the commencement of such calendar month. Amounts accumulated in the Payment Account with respect to any Amortization Installment (together with amounts accumulated in the Payment Account with respect to interest, if any, on the Term Bonds for which such Amortization Installment was established) may be applied by the County, on or prior to the sixtieth (60th) day preceding the due date of such Amortization Installment, (a) to the purchase of Term Bonds of the series and maturity for which such Amortization Installment was established, or (b) to the redemption at the applicable redemption prices of such Term Bonds, if then redeemable by their terms. The Bonds so purchased or redeemed shall be deemed to constitute part of the Payment Account until such Amortization Installment date, for the purposes of calculating the amount of such Account. As soon as practicable after the sixtieth (60) day preceding the due date of any such Amortization Installment, the County shall proceed to call for redemption on such due date, by causing notice to be given as provided in the Resolution, Term Bonds of the series and maturity for which such Amortization Installment was established (except in the case of Term Bonds maturing on an Amortization Installment date) in such amount as shall be necessary to complete the retirement of the unsatisfied balance of such Amortization Installment. The County shall pay out of the Payment Account to the Paying Agent, on or before the day preceding such redemption date (or maturity date), the amount required for the redemption (or for the payment of such Term Bonds then maturing), and such amount shall be applied by such Paying Agent to such redemption (or payment). All expenses in connection with the purchase or redemption of Term Bonds shall be paid by the County from the Revenue Fund. Reserve Account. The County shall establish within the Reserve Account a separate subaccount for each series of Bonds issued under the Resolution, except as described below. The Reserve Account Requirement for the Series 2014 Bonds is zero, and the Reserve Account does not secure the Series 2014 Bonds. The Series 2009 Bonds are secured by a subaccount of the Reserve Account. 15 Packet Pg. 855  At the option of the County, a subaccount may secure more than one series of Bonds. The moneys on deposit in each such subaccount shall be applied solely for the payment of maturing principal of, redemption price, if applicable (provided that the Reserve Account may only be applied to the payment of redemption price if all Bonds will be redeemed), or interest or Amortization Installments on the series of Bonds for which it is designated and shall not be available to pay debt service on any other series. There shall be deposited to each subaccount of the Reserve Account such sum, if any, as will be necessary to immediately restore any funds on deposit in each such subaccount to an amount equal to the Reserve Account Requirement applicable thereto including the reinstatement of any Reserve Account Insurance Policy or Reserve Account Letter of Credit on deposit therein; provided, in no event shall the amount deposited in the subaccounts of the applicable Reserve Account be less than (a) one fourth (1/4) of the amount which would enable the County to restore the funds on deposit in each subaccount to an amount equal to the Reserve Account Requirement in four (4) months from the date of such shortfall in the event such shortfall is a result of a decrease in the market value of Authorized Investments on deposit therein, or (b) one twelfth (1/12) of the amount which would enable the County to restore the funds on deposit in each such subaccount to an amount equal to the Reserve Account Requirement in one (1) year from the date of such shortfall if such shortfall is a result of a withdrawal from such subaccount(s). Such obligation to replenish the Reserve Account shall be payable from amounts on deposit in the Revenue Fund after the deposits required to be made to the Payment Account set forth above. To the extent there are insufficient moneys in the Revenue Fund to make the required monthly deposit into each subaccount of the Reserve Account, such deposits shall be made to each subaccount on a pro rata basis in relation to the amount of the deficiency existing in each subaccount. On or prior to each principal and interest payment date for the Bonds, moneys in each subaccount of the Reserve Account shall be applied by the County to the payment of the principal of, or redemption price, if applicable, and interest on related series of Bonds to the extent moneys in the Payment Account and the Revenue Fund are insufficient therefor. Whenever there shall be surplus moneys in any subaccount of the Reserve Account by reason of a decrease in the Reserve Account Requirement or due to a deposit of a Reserve Account Letter of Credit or Reserve Account Insurance Policy, such surplus moneys shall be deposited by the County, upon receipt of an approving opinion of Bond Counsel, on a pro rata basis into other subaccounts, if any, containing less than the Reserve Account Requirement applicable thereto, and otherwise, into the Payment Account. Upon the issuance of any series of Bonds under the terms, limitations and conditions as provided in the Resolution, the County shall fund the corresponding subaccount of the Reserve Account established for such series in an amount at least equal to the Reserve Account Requirement applicable to such series of Bonds; 16 Packet Pg. 856 provided, however, that in the case of Variable Rate Bonds, no such Reserve Requirement shall be required; and provided, further that said Reserve Account Requirement may at the County's election be zero. Such required amount shall be paid in full from the proceeds of such series of Bonds or other sources, on the date of delivery of such series of Bonds. Notwithstanding the foregoing provisions, in lieu of the required deposits into a subaccount of the Reserve Account, the County may, with the prior written consent of each Insurer and Credit Bank, as applicable, insuring or guaranteeing such series of Bonds, cause to be deposited into such subaccount a Reserve Account Insurance Policy and/or Reserve Account Letter of Credit for the benefit of the Bondholders in an amount equal to the difference between the Reserve Account Requirement applicable thereto and the sums then on deposit in such subaccount, if any. Payments to Providers of Reserve Account Letters of Credit or Reserve Account Insurance Policies. Any remaining amounts in the Revenue Fund shall be used to pay any outstanding amounts owed to any Insurer or provider of a Reserve Account Insurance Policy or Reserve Account Letter of Credit. Subordinated Indebtedness. Any remaining amounts in the Revenue Fund shall next be used to pay any outstanding amounts due and payable with respect to Subordinated Indebtedness. Surplus Funds. The balance of any moneys remaining in the Revenue Fund after the payments and deposits required as set forth above may be transferred, at the discretion of the County, to any other appropriate fund or account of the County and be used for any lawful purpose. Whenever the amount on deposit in a subaccount of the Reserve Account (other than amounts available under a Reserve Account Insurance Policy or Reserve Account Letter of Credit), together with the other amounts in the Debt Service Fund, are sufficient to fully pay the corresponding series of outstanding Bonds in accordance with their terms (including principal or applicable redemption price and interest thereon), no further deposits to the Debt Service Fund for such series need be made and the funds on deposit in such subaccount of the Reserve Account may be transferred to the other accounts of the Debt Service Fund for the payment of the Bonds. The County, in its discretion, may use moneys in the Payment Account to purchase or redeem Bonds coming due on the next principal payment date, provided such purchase or redemption does not adversely affect the County's ability to pay the principal or interest coming due on such principal payment date on the Bonds not so purchased or redeemed. 17 Packet Pg. 857  At least three (3) business days prior to the date established for payment of any principal of or redemption price, if applicable, or interest on the Bonds, the County shall withdraw from the appropriate account of the Debt Service Fund sufficient moneys to pay such principal or redemption price, if applicable, or interest and deposit such moneys with the Paying Agent for the Bonds to be paid. In the event the County shall issue a series of Bonds secured by a Credit Facility, the County may establish such separate subaccounts in the Payment Account, to provide for payment of the principal of and interest on such series; provided one series of Bonds shall not have preference in payment from Pledged Funds over any other series of Bonds. The Issuer may also deposit moneys in such subaccounts at such other times and in such other amounts from those provided in the Resolution as shall be necessary to pay the principal of and interest on such Bonds as the same shall become due, all as provided by the supplemental resolution authorizing such Bonds. In the case of Bonds secured by a Credit Facility, amounts on deposit in any subaccounts established for such Bonds may be applied as provided in the applicable supplemental resolution to reimburse the Credit Bank for amounts drawn under such Credit Facility to pay the principal of or redemption price, if applicable, and interest on such Bonds; provided such Credit Facility shall have no priority over Bondholders or the Insurer or any provider of a Reserve Account Insurance Policy or Reserve Account Letter of Credit to amounts on deposit in the Debt Service Fund. Rebate Fund. The County has established a separate fund to be designated the "Rebate Fund" under the Resolution. The County will cause to be deposited into the Rebate Fund, each year, the cumulative amounts required to be deposited therein in order to make rebate payments to the United States of America pursuant to the provisions of the Internal Revenue Code of 1986, as amended, in accordance with the provisions of the Resolution. Amounts deposited into the Rebate Fund are not pledged to secure the Series 2014 Bonds. Issuance of Additional Bonds The County may issue one or more series of Additional Bonds for any one or more of the following purposes: financing the cost of an additional project, or the completion thereof or of the initial Project, or refunding any or all outstanding Bonds or of any subordinated indebtedness of the County. No such Additional Bonds shall be issued (i) if there is an Event of Default under the Resolution unless such issuance will cure such Event of Default and (ii) unless the following conditions are complied with: (A) Except as otherwise provided in (D) below, there shall have been obtained and filed with the County a statement of an independent certified public 18 Packet Pg. 858 accountant of reasonable experience and responsibility: (1) stating that the books and records of the County relating to the Sales Tax Revenues have been examined by him; (2) setting forth the amount of the Sales Tax Revenues which have been received by the County during any twelve (12) consecutive months designated by the County within the twenty-four (24) months immediately preceding the date of delivery of such Additional Bonds with respect to which such statement is made; and (3) stating that the amount of the Sales Tax Revenues received during the aforementioned 12-month period equals at least 1.35 times (a) the Maximum Annual Debt Service of all Bonds then outstanding and such Additional Bonds with respect to which such statement is made and (b) any amounts then owed by the County under any Reserve Account Letter of Credit or Reserve Account Insurance Policy as a result of a drawdown on such Reserve Account Letter of Credit or Reserve Account Insurance Policy, plus 1.0 times the maximum annual debt service on any subordinated indebtedness outstanding. In the event that Florida law is amended to provide for additional sales tax revenues to be distributed to the County, and the County, by supplemental resolution, extends the pledge of the Sales Tax Revenues created by the Resolution to include such additional sales tax revenues, then for the purpose of determining whether there are sufficient Sales Tax Revenues to meet the afore-referenced tests, the independent certified public accountant shall assume that such additional sales tax revenues were in effect during the applicable twelve (12) consecutive month period. (B) For the purpose of determining the Maximum Annual Debt Service, the interest rate on additional parity Variable Rate Bonds then proposed to be issued and on outstanding Variable Rate Bonds shall be deemed to be 120% of the average of the SIFMA Index over a two year period of time ending with the date immediately prior to the sale of such Additional Bonds. For the purpose of determining the Maximum Annual Debt Service under paragraph (A) above, the interest rate on Outstanding Variable Rate Bonds shall be deemed to be (1) if such Variable Rate Bonds have been Outstanding for at least 24 months prior to the date of sale of such Additional Bonds, the highest rate of interest borne by such Variable Rate Bonds during the 24 months ending on the date immediately prior to the sale of such Additional Bonds, or (2) if such Variable Rate Bonds have not been Outstanding for at least 24 months prior to the date of sale of such Additional Bonds, 120% of the average of the SIFMA Index over a two year period of time ending on the date immediately prior to the sale of such Additional Bonds. (C) Additional Bonds shall be deemed to have been issued pursuant to the Resolution the same as the outstanding Bonds, and all of the other covenants and other provisions of the Resolution (except as to details of such Additional Bonds inconsistent therewith) shall be for the equal benefit, protection and security of the Holders of all Bonds issued pursuant to the Resolution. Except as provided otherwise in the Resolution, all Bonds, regardless of the time or times of their issuance, shall 19 Packet Pg. 859 rank equally with respect to their lien on the Pledged Funds and their sources and security for payment therefrom without preference of any Bonds over any other. (D) In the event any Additional Bonds are issued for the purpose of refunding any Bonds then outstanding, the conditions of (A) above shall not apply, provided that the issuance of such Additional Bonds shall result in a reduction of the aggregate debt service on the Bonds. The conditions of (A) above shall apply to Additional Bonds issued to refund subordinated indebtedness and to Additional Bonds issued for refunding purposes which cannot meet the conditions of the first sentence in this paragraph. (E) In the event that the total amount of Series 2014 Bonds authorized to be issued are not issued simultaneously, such Series 2014 Bonds which are subsequently issued shall be subject to the conditions of (A) above. (F) No Additional Bonds shall be issued if any Event of Default shall have occurred and be continuing under the Resolution Investment of Moneys The Construction Fund, the Revenue Fund and the Debt Service Fund shall be continuously secured in the manner by which the deposit of public funds are authorized to be secured by the laws of the State. Moneys on deposit in the Construction Fund, the Revenue Fund and the Debt Service Fund, other than the Reserve Account, may be invested and reinvested in Authorized Investments maturing not later than the date on which the moneys therein will be needed for the purposes of such fund or account. Moneys on deposit in the Reserve Account may be invested or reinvested in Authorized Investments which shall mature no later than five (5) years from the date of acquisition thereof. Notwithstanding any other provision hereof, all amounts on deposit in the Construction Fund or Payment Account representing accrued or capitalized interest shall be held by the County, shall be pledged solely to the payment of interest on the corresponding series of Bonds and shall be invested only in United States Obligations, as defined in the Resolution, maturing at such times and in such amounts as are necessary to pay the interest to which they are pledged. Any and all income received by the County from the investment of moneys in the Construction Fund, the Payment Account, the Revenue Fund and each subaccount of the Reserve Account (to the extent such income and the other amounts therein are less than the Reserve Account Requirement applicable thereto), shall be retained in such respective fund, account or subaccount. Any and all income received by the County from the investment of moneys in each subaccount of the Reserve Account (to the extent such income and the other amounts therein are greater than the Reserve Account Requirement applicable thereto) shall be deposited in the Payment Account. 20 Packet Pg. 860 All investments shall be valued at the lower of market value (exclusive of accrued interest) and cost. Nothing contained in the Resolution shall prevent any Authorized Investments acquired as investments of or security for funds held under the Resolution from being issued or held in book-entry form on the books of the Department of the Treasury of the United States. Investments (except investment agreements) in funds and accounts established under the Resolution shall be valued by the County as frequently as deemed necessary by any Insurer or Credit Bank, but not less often than semi-annually, and, in the case of the Reserve Account, upon any draw therefrom, nor more often than monthly, at the market value thereof, exclusive of accrued interest. The County shall terminate any repurchase agreement upon a failure of the counterparty thereto to maintain the requisite collateral percentage after the restoration period and, if not paid by the counterparty in federal funds against transfer of the repo securities, liquidate the collateral. The County shall give notice to any provider of an investment agreement in accordance with the terms of the investment agreement so as to receive funds thereunder with no penalty or premium paid. The Paying Agent or the County shall, upon actual knowledge of the withdrawal or suspension of either of the ratings of an investment agreement provider or a drop in the ratings thereon below "A", so notify each Insurer and Credit Bank and, if so directed by such Insurer or Credit Bank, shall demand further collateralization of the agreement or liquidation thereof. PLEDGED FUNDS Sources of Payment General. The Series 2014 Bonds are payable solely from and secured by a pledge of and lien upon the proceeds of the local government half-cent sales tax allocated for and distributed monthly to the County pursuant to Chapter 218, Part VI, Florida Statutes (the "Sales Tax Revenues") and, (2) until applied in accordance with the provisions of the Resolution, all moneys, including investments thereof, in the funds and accounts established in the Resolution, other than the Rebate Fund (collectively, hereinafter called the "Pledged Funds"). THE SERIES 2014 BONDS, THE PREMIUM, IF ANY, AND THE INTEREST THEREON SHALL NOT BE OR CONSTITUTE GENERAL 21 Packet Pg. 861 OBLIGATIONS OR INDEBTEDNESS OF THE COUNTY (OR "BONDS" WITHIN THE MEANING OF THE CONSTITUTION OF THE STATE OF FLORIDA), BUT SHALL BE PAYABLE FROM AND SECURED SOLELY BY A LIEN UPON AND A PLEDGE OF THE PLEDGED FUNDS AS PROVIDED IN THE RESOLUTION. NO REGISTERED OWNER OR OWNERS OF ANY SERIES 2014 BONDS SHALL EVER HAVE THE RIGHT TO COMPEL THE EXERCISE OF THE AD VALOREM TAXING POWER OF THE COUNTY OR TAXATION IN ANY FORM ON ANY PROPERTY WITHIN OR WITHOUT THE COUNTY TO PAY THE SERIES 2014 BONDS, THE PREMIUM, IF ANY, OR THE INTEREST THEREON OR BE ENTITLED TO PAYMENT OF SUCH PRINCIPAL, PREMIUM, IF ANY, AND INTEREST FROM ANY OTHER FUNDS OF THE COUNTY EXCEPT FROM THE PLEDGED FUNDS IN THE MANNER PROVIDED IN THE RESOLUTION. THE SERIES 2014 BONDS, THE PREMIUM, IF ANY, AND THE INTEREST THEREON SHALL NOT HAVE OR BE A LIEN UPON ANY PROPERTY OF OR IN THE COUNTY, OTHER THAN THE PLEDGED FUNDS IN THE MANNER PROVIDED IN THE RESOLUTION. Local Government Half-Cent Sales Tax. The Local Government Half-Cent Sales Tax is remitted to the County pursuant to Chapter 218, Part VI, Florida Statutes, as amended (the "Half-Sales Tax Act"). The Florida Revenue Act of 1949, Chapter 212, Part I, Florida Statutes, as amended (the "Sales Tax Act") authorizes the levy and collection by the State of Florida of a sales tax upon, among other things, the sales price of each item or article of tangible personal property sold at retail in the State of Florida, subject to certain exceptions and dealer allowances as set forth in the Sales Tax Act. The sales tax in Florida is currently six percent. The sales tax is collected on behalf of the State of Florida by businesses at the time of sale at retail, use, consumption, or storage for use or consumption, of taxable property and remitted to the State on a monthly basis. The Sales Tax Act provides for penalties and fines, including criminal prosecution, for non-compliance with the provisions thereof. All funds received and collected by the State of Florida are required to be deposited in the General Revenue Fund of the State and then distributed to various funds as enumerated in the Sales Tax Act. After various enumerated distributions, a portion of the amount remitted by a sales tax dealer within a participating county is required to be transferred into the Local Government Half-Cent Sales Tax Clearing Trust Fund (the "Trust Fund") and earmarked for distribution to the governing body of that participating county and of each participating municipality within that county pursuant to formulas set forth in the Sales Tax Act. The sales tax does not include any sales tax revenues which may be distributed to the County from the Discretionary Sales Tax Clearing Trust Fund pursuant to Sections 212.054 and 212.055, Florida 22 Packet Pg. 862 Statutes or any discretionary communications service tax imposed by the County on communications services pursuant to Section 202.19, Florida Statutes. The Sales Tax collected within a county and distributed to local government units is distributed among the county and the municipalities therein in accordance with the following formula: County Share (percentage of total Half-Cent = unincorporated + 2/3 incorporated Sales Tax receipts) area population area population __________________________________ total county + 2/3 incorporated population area population Municipality Share (percentage of total Half-Cent = municipality population Sales Tax receipts) __________________________________ total county + 2/3 incorporated population area population For purposes of the foregoing formula, "population" is based upon the latest official State estimate of population certified prior to the beginning of the local government fiscal year. Should any unincorporated area of Okaloosa County become hereafter incorporated as a municipality, the share of the sales tax received by the County would be reduced. The sales tax is distributed from the Trust Fund on a monthly basis to participating units of local government. The Sales Tax Act permits the County to pledge its share of the sales tax for the payment of principal of and interest on any capital project. To be eligible to participate in the sales tax, the counties and municipalities must comply with certain requirements set forth in the Sales Tax Act. These requirements include those concerning the reporting and auditing of its finances, the levying of ad valorem taxes or receipt of other revenue sources, and certifying certain requirements pertaining to the employment and compensation of law enforcement officers, the employment of fire fighters, the auditing of certain dependent special districts, and the method of fixing millage rates for the levying of ad valorem taxes. Although the Sales Tax Act does not impose any limitation upon the number of years during which the County can receive distribution of the sales tax from the Trust Fund, there may be future amendments to the Sales Tax Act. To be eligible to 23 Packet Pg. 863 participate in the Trust Fund in future years, the County must comply with certain eligibility and reporting requirements of the Sales Tax Act, otherwise, the County will not be entitled to any Trust Fund distributions for twelve (12) months following a "determination of noncompliance" by the State Department or Revenue. The County has complied with all of the requirements set forth in the Sales Tax Act. Historical Sales Tax Revenues The following table sets forth the historical Sales Tax Revenues collected by the County for the fiscal years ended September 30, 2009 through 2013 (audited). Sales Tax Revenues(1) 2009 2010 2011 2012 2013 $11,219,873 $10,988,985 $11,949,441 $12,084,729 $12,637,573 (1) For the Fiscal Year ending September 30, 2014, the County's current projection for Sales Tax Revenues is $13,064,555, a 3.38% increase over 2013. Source: Okaloosa County Finance Department. Distribution of Sales Tax Revenues The County's percentage of the County-wide total distributions of the Sales Tax in each of the State Fiscal Years Ended June 30, 2009 through 2013, inclusive, has been 68%. The municipalities, including Cinco Bayou, Crestview, Destin, Fort Walton Beach, Laurel Hill, Mary Esther, Niceville, Shalimar and Valparaiso, in the aggregate have received 32% of the Countywide total, according to the Florida Legislature Committee on Intergovernmental Relations. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 24 Packet Pg. 864 Debt Service Coverage from Sales Tax Revenues The estimated Sales Tax Revenues coverage of maximum annual debt service on the Series 2009 Bonds and Series 2014 Bonds are set forth below: 2010 2011 2012 2013 2014 Sales Tax Revenues $10,988,985 $11,949,441 $12,084,729 $12,637,573 $13,064,555 Maximum Annual Debt Service on the Series 2009 Bonds and Series 2014 Bonds Sales Tax Revenues Coverage of Debt Service on the Series 2009 Bonds and Series 2014 Bonds Source: Okaloosa County Finance Department. MUNICIPAL BOND INSURANCE The County has received a commitment from Build America Mutual Assurance Company (the "Insurer") to issue a Municipal Bond Insurance Policy (the "Policy") for the Series 2014 Bonds. As described on the cover hereof, the County will make a decision at pricing regarding which Series 2014 Bonds, if any, will be guaranteed under the Policy. Any such Series 2014 Bonds so insured are referred to herein as the "Insured Bonds". THE PROJECT The Project is the acquisition and construction of additional County facilities to be known as the "Southside Annex", improvements to the County Courthouse in Crestview, and other capital improvements. 25 Packet Pg. 865  INVESTMENT CONSIDERATIONS General The purchase of the Series 2014 Bonds involves a degree of risk, as is the case with all investments. Factors that could affect the County's ability to perform its obligations under the Resolution, including the timely payment of principal of and interest on the Series 2014 Bonds, include, but are not necessarily limited to, the following: Limited Special Obligations The Series 2014 Bonds are limited, special obligations of the County, the principal of, premium, if any, and interest on which are payable from and secured solely by a pledge of and lien on the Pledged Funds. THE SERIES 2014 BONDS DO NOT CONSTITUTE A GENERAL OBLIGATION OR INDEBTEDNESS OF THE COUNTY AND ARE NOT "SERIES 2014 BONDS" WITHIN THE MEANING OF THE CONSTITUTION OF THE STATE OF FLORIDA. NO REGISTERED OWNER OR BENEFICIAL OWNER OF ANY SERIES 2014 BONDS WILL EVER HAVE THE RIGHT (1) TO COMPEL THE LEVY OF AD VALOREM TAXES TO PAY PRINCIPAL OF, PREMIUM, IF ANY, OR INTEREST ON THE SERIES 2014 BONDS, OR (2) TO COMPEL THE COUNTY TO PAY THE PRINCIPAL, PREMIUM, IF ANY, AND INTEREST ON THE SERIES 2014 BONDS FROM ANY FUNDS OF THE COUNTY OTHER THAN THE PLEDGED FUNDS IN THE MANNER PROVIDED IN THE RESOLUTION. THE PRINCIPAL OF, PREMIUM, IF ANY, AND INTEREST ON THE SERIES 2014 BONDS DO NOT CONSTITUTE A LIEN ON ANY PROPERTY OF OR IN THE COUNTY OTHER THAN THE PLEDGED FUNDS IN THE MANNER PROVIDED IN THE RESOLUTION. Bond Insurance Although some or all of the Series 2014 Bonds may be insured by the Municipal Bond Insurance Policy issued by the Insurer which unconditionally guarantees the payment of that portion of the principal of and interest on Insured Bonds which has become due for payment, but which is unpaid by reason of nonpayment by the County, there can be no assurance that the Insurer will make such payments. In the event of default of the payment of principal or interest with respect to the Insured Bonds when all or some becomes due, any owner of the Insured Bonds shall have a claim under the Policy for such payments. However, in the event of any 26 Packet Pg. 866 acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments are to be made in such amounts and at such times as such payments would have been due had there not been any such acceleration. The Policy does not insure against redemption premium, if any. The payment of principal and interest in connection with mandatory or optional prepayment of the Insured Bonds by the County which is recovered by the County from the bond owner as a voidable preference under applicable bankruptcy law is covered by the insurance policy, however, such payments will be made by the Insurer at such time and in such amounts as would have been due absent such prepayment by the County unless the Insurer chooses to pay such amounts at an earlier date. Under most circumstances, default of payment of principal and interest does not obligate acceleration of the obligations of the Insurer without appropriate consent. The Insurer may direct and must consent to any remedies and the Insurer's consent may be required in connection with amendments to any applicable bond documents. In the event the Insurer is unable to make payment of principal and interest as such payments become due under the Policy, the Insured Bonds are payable solely from the moneys received pursuant to the Resolution. In the event the Insurer becomes obligated to make payments with respect to the Insured Bonds, no assurance is given that such event will not adversely affect the market price of the Insured Bonds or the marketability (liquidity) for the Insured Bonds. The long-term ratings on the Insured Bonds are dependent in part on the financial strength of the Insurer and its claim paying ability. The Insurer's financial strength and claims paying ability are predicated upon a number of factors which could change over time. No assurance is given that the long-term ratings of the Insurer and of the ratings on the Insured Bonds insured by the Insurer will not be subject to downgrade and such event could adversely affect the market price of the Insured Bonds or the marketability (liquidity) for the Insured Bonds. See "RATINGS" herein. The obligations of the Insurer are general obligations of the Insurer and in an event of default by the Insurer, the remedies available may be limited by applicable bankruptcy law or other similar laws related to insolvency. Neither the County nor the Underwriters have made independent investigation into the claims paying ability of the Insurer and no assurance or representation regarding the financial strength or projected financial strength of the Insurer is given. Thus, when making an investment decision, potential investors should carefully 27 Packet Pg. 867 consider the ability of the County to pay principal and interest on the Insured Bonds and the claims paying ability of the Insurer, particularly over the life of the investment. Economic Factors The Pledged Funds consist primarily of the Sales Tax Revenues received by the County. Worsening economic conditions could impact the County's ability to pay principal and interest on the Series 2014 Bonds. See "SALES TAX REVENUES" and "THE COUNTY - Eglin Complex" herein. THE COUNTY Background The County encompasses approximately 1,936 square miles, with approximately 24 miles of coastline along the Gulf of Mexico. It is bordered on the west by Santa Rosa County, on the north by the State of Alabama and on the east by Walton County. The County was created by an act of the legislature of Florida in 1915. The County seat is located at the City of Crestview in the northern portion of the County. Incorporated cities in the County include: Cinco Bayou, Crestview, Destin, Fort Walton Beach, Laurel Hill, Mary Esther, Niceville, Shalimar and Valpariso. Eglin Complex Eglin Air Force Base is the largest Air Force Base in the world, covering 724 square miles of land and approximately 123,000 square miles of water ranges in the Gulf of Mexico. The base actually encompasses three military installations; Eglin Air Force Base, Hurlburt Field and Duke Field, collectively known as the "Eglin Complex". Eglin Air Force Base was established in 1934 and is responsible for development, acquisition, testing, deployment and containment of all air-delivered weapons. Hurlburt Field is headquarters to the Air Force Special Operations Command and its mission is to support training and execution of worldwide special air operations. Duke Field houses the 9191 Special Operations Wing, the only special operations unit in the Air Force Reserve. The Eglin Complex is under the direction of the Air Material Command and the Air Armament Center. The Air Armament Center is responsible for planning, development, direction, testing and evaluation of U.S. and allied air armament, navigation/guidance systems, and command and central systems for all air-delivered weapons. The Eglin Complex houses over fifty associate units of the Air Force, including specialized schools, operations and tactical wings, laboratories and research units. 28 Packet Pg. 868  According to the Economic Development Council of Okaloosa County, approximately 41% of the land area of the County is covered by the Eglin Complex and approximately 70% of the County's economic activity comes from the military and civilian installations connected to the Eglin Complex. The economic viability of the County is directly dependent on the military. The County's military installations are the prime generators of economic activity that support active military, civil service, military dependents and retired military personnel and their families. Further, defense related spending in the County generates additional employment and wages and many of the largest defense contractors in Florida have operations in the County. In November, 2005, the United States Defense Base Realignment and Closure Commission, commonly referred to as "BRAC", ordered 22 major U.S. military bases closed. As a result of the closures and realignments, approximately 5,000 new military and civilian personnel will be living and working at the Eglin Complex, including the U.S. Army 7th Special Forces Group (Airborne) which will be relocated from Fort Bragg, North Carolina to the Eglin Complex. It is estimated that the population impact, including spouses and children, will be approximately 6,000 people. The F35 Joint Strike Fighter Initial Training Center will also come to the Eglin Complex. The first F35s are expected to arrive in 2010 and the estimated population impact through 2016 is estimated at 4,800. Population The total population of the County was 170,498 in 2000 according to the U.S. Census Bureau and was estimated to be 180,822 in 2012, according to the Florida Statistical Abstract 2012 published by the University of Florida, Bureau of Economic and Business Research. The population and commercial growth of the County is primarily in the coastal area of the County along the Gulf of Mexico within the cities of Fort Walton Beach and Destin at the hub of the population center. Government The County is governed by an elected five-member Board of County Commissioners (the "Board"). Each Commissioner is elected for a four-year term of office. The Board appoints a County Administrator to administer the County's programs. The Clerk of the Circuit Court of the County is the clerk, auditor and comptroller for the Board. The County seat is in Crestview, with a branch office in Shalimar. In addition to the courthouse facilities, service complexes are located in the north and southern sections of the County. Listed below are current members duly elected of the Board of County Commissioners and their term expiration dates. 29 Packet Pg. 869  Date Current Name Term Expires Kelly Windes, Chairman November 2016 Nathan Boyles, Vice Chairman November 2016 Wayne Harris November 2016 Dave Parisot November 2014 Don Amunds November 2014 Budgetary Process The County's annual budget is prepared pursuant to Chapters 129 and 200 of the Florida Statutes and represents the County's legal authority to levy taxes and expend funds for County purposes. The Board will be held personally liable and subject to penalty for making unbudgeted expenditures. On or before June 1 of each year the Sheriff, the Clerk of the Circuit Court and the Supervisor of Elections must each submit to the Board a tentative budget request for their respective offices for the ensuing fiscal year. No later than 15 days after the Property Appraiser certifies the tax roll, the County Budget Officer prepares and presents to the Board a tentative budget for each Board fund. The Board receives and examines the tentative budget for each fund and, subject to the notice and hearing requirements, make such changes as it deems necessary provided that the budget remains in balance. A summary of the tentative budget is prepared by the Board, advertised, publicly reviewed and revised prior to final approval and adoption before the end of the fiscal year on September 30. Annual Audit Florida law requires that an annual audit of all County accounts and records be completed within one year following the end of each Fiscal Year, by an independent certified public accountant retained by the County and paid from its public funds. Description of Financial Practices The financial statements of the County are prepared in conformity with generally accepted accounting principles as applied to local government finances. The County uses funds and accounts groups to report on its financial position and the results of its operations. A more detailed description of the financial practices of the County is included in the Notes to the County's financial statements included herein as Appendix A. A copy of the County's Comprehensive Annual Financial Report for the fiscal year ended September 30, 2013 is available from the office of the Clerk of the Circuit Court. 30 Packet Pg. 870  The Government Finance Officers' Association has awarded the Certificate of Achievement for Excellence in Financial Reporting to the County for the fiscal year ending September 30, 2013 and the County expects to receive this award again for 2014. In order to be awarded a Certificate of Achievement, a governmental unit must publish an easily readable and efficiently organized comprehensive annual financial report, whose contents conform to industry standards. Investment Policy Moneys on deposit in the funds and accounts created under the Resolution may be invested only in Authorized Investments (as defined in the Resolution). Additionally, investment of surplus funds of the County is subject to state law, including, in particular, Section 218.415, Florida Statutes, which requires the adoption of a formal written investment policy for each unit of local government within the state. In the absence of such a formal written investment policy, investment of surplus funds is limited to certain specified types of investments. The Board of County Commissioners has adopted a formal investment policy (the "Investment Policy") which governs the investment of surplus County funds. The County's Investment Policy applies to all funds held by or for the benefit of the Board and provides for monthly reporting and quarterly detailed analysis of the investment portfolio of the County. The Investment Policy specifies the types of investments permitted and specifically prohibits the investment in derivative financial products. The investment of bond proceeds may be further limited or expanded by the respective bond resolution or covenants. The Clerk of the Circuit Court, a separate, elected, constitutional officer of the County, has been designated by the Board of County Commissioners to serve as investment manager pursuant to Section 125.31, Florida Statutes. A copy of the Investment Policy may be obtained from the office of the Clerk of the Circuit Court. LEGAL MATTERS Legal Opinions Certain legal matters incident to the issuance of the Series 2014 Bonds and with regard to the treatment of the interest on the Series 2014 Bonds for federal tax purposes (see "TAX EXEMPTION") are subject to the legal opinions of Nabors, Giblin, & Nickerson, P.A., Bond Counsel. The signed legal opinions, dated and premised on law in effect as of the date of original delivery of the Series 2014 Bonds, will be delivered to the Underwriters at the time of original delivery of the Series 2014 Bonds. The proposed text of the legal opinions are set forth as Appendix D hereto. The actual legal opinions to be delivered may vary from that text if necessary to reflect facts and law on the date of delivery. The opinion will speak only as of its date and 31 Packet Pg. 871 subsequent distribution of such legal opinion by recirculation of the Official Statement or otherwise shall create no implication that Bond Counsel has reviewed or expresses any opinion concerning any of the matters referenced in the opinion subsequent to its date. Certain legal matters incident to the issuance of the Series 2014 Bonds will be passed upon for the County by Nabors, Giblin & Nickerson, P.A., as the County Attorney. Litigation General. The Board, the Clerk, the Sheriff, the County Property Appraiser and the County Tax Collector are defendants from time to time in various lawsuits. The County Attorney represents the Board. The County Property Appraiser, the Clerk, the Sheriff, and the County Tax Collector each have separate counsel. It is the opinion of the County Attorney with respect to litigation pending against the Board that the Board either (1) has meritorious defenses against claims asserted in such litigation, (2) is immune from liability under principles of sovereign immunity, or (3) has adequate insurance coverage or reserves against liability with respect to such claims. There can be no assurance, however, that the Clerk and the Board will not incur liability for which adequate reserves do not exist, as a result of such litigation. In the event of such liability, the Board could be required, among other responses, to expend reserves, reduce the level of services, or borrow money in order to satisfy such liability. It is not expected that any such liability would affect the obligation of the Board to apply the proceeds of the Pledged Funds in accordance with the provisions of the Resolution. The Series 2014 Bonds. There is no pending or, to the knowledge of the County, threatened litigation against the County which in any way questions or affects (1) the Project, (2) the validity of the Series 2014 Bonds, or any proceedings or transactions relating to their sale, issuance, or delivery, (3) the pledge of the Pledged Funds to secure payment of the Series 2014 Bonds, or (4) the provisions for collection and application of the Pledged Funds in accordance with the provisions of the Resolution. While Bond Counsel has reviewed certain portions of this Official Statement, it has not been engaged by the County to confirm or verify, and expresses and will express no opinion as to, the accuracy, completeness or fairness of any statements in this Official Statement, or in any other reports, financial information, offering or disclosure documents or other information pertaining to the County, or the Series 2014 Bonds that may be prepared or made available by the County, the Underwriters or others to the holders of the Series 2014 Bonds or other parties. 32 Packet Pg. 872  TAX MATTERS RELATED TO THE SERIES 2014 BONDS Opinion of Bond Counsel In the opinion of the Bond Counsel (see Appendix D), the interest on the Series 2014 Bonds is excludable from gross income and is not a specific item of tax preference for federal income tax purposes under existing statutes, regulations, rulings and court decisions. However, interest on the Series 2014 Bonds will be includable in the computation of adjusted current earnings for the purpose of computing the alternative minimum tax imposed on corporations by the Internal Revenue Code of 1986, as amended (the "Code"). Failure by the County to comply subsequent to the issuance of the Series 2014 Bonds with certain requirements of the Code regarding the use, expenditure and investment of bond proceeds and the timely payment of certain investment earnings to the Treasury of the United States may cause interest on the Series 2014 Bonds to become includable in gross income for federal income tax purposes retroactive to their date of issue. The County has covenanted in the Resolution to comply with all provisions of the Code necessary to, among other things, maintain the exclusion from gross income of interest on the Series 2014 Bonds for purposes of federal income taxation. In rendering its opinion, Bond Counsel has assumed continuing compliance with such covenants. Internal Revenue Code of 1986 The Code contains a number of provisions that apply to the Series 2014 Bonds, including, among other things, restrictions relating to the use of investment of the proceeds of the Series 2014 Bonds and the payment of certain arbitrage earnings in excess of the "yield" on the Series 2014 Bonds to the Treasury of the United States. Noncompliance with such provisions may result in interest on the Series 2014 Bonds being included in gross income for federal income tax purposes retroactive to their date of issue. Collateral Tax Consequences Except as described above, Bond Counsel will express no opinion regarding the federal income tax consequences resulting from the ownership of, receipt or accrual of interest on, or disposition of, the Series 2014 Bonds. Prospective purchasers of the Series 2014 Bonds should be aware that the ownership of the Series 2014 Bonds may result in other collateral federal tax consequences. For example, ownership of the Series 2014 Bonds may result in collateral tax consequences to various types of corporations relating to (1) denial of interest deduction to purchase or carry such Series 2014 Bonds, (2) the branch profits tax, and (3) the inclusion of interest on the Series 2014 Bonds in passive income for certain Subchapter S 33 Packet Pg. 873 corporations. In addition, the interest on the Series 2014 Bonds may be included in gross income by recipients of certain Social Security and Railroad Retirement benefits. PURCHASE, OWNERSHIP, SALE OR DISPOSTION OF THE SERIES 2014 BONDS AND THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY HAVE ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL OR CORPORATE BONDHOLDERS, INCLUDING, BUT NOT LIMITED TO, THE CONSEQUENCES DESCRIBED ABOVE. PROSPECTIVE BONDHOLDERS SHOULD CONSULT WITH THEIR TAX SPECIALISTS FOR INFORMATION IN THAT REGARD. Other Tax Matters INTEREST ON THE SERIES 2014 BONDS MAY BE SUBJECT TO STATE OR LOCAL INCOME TAXATION UNDER APPLICABLE STATE OR LOCAL LAWS IN OTHER JURISDICTIONS. PURCHASERS OF THE SERIES 2014 BONDS SHOULD CONSULT THEIR TAX ADVISORS AS TO THE INCOME TAX STATUS OF INTEREST ON THE SERIES 2014 BONDS IN THEIR PARTICULAR STATE OR LOCAL JURISDICTIONS. During recent years legislative proposals have been introduced in Congress, and in some cases enacted, that altered certain federal tax consequences resulting from the ownership of obligations that are similar to the Series 2014 Bonds. In some cases these proposals have contained provisions that altered these consequences on a retroactive basis. Such alteration of federal tax consequences may have affected the market value of obligations similar to the Series 2014 Bonds. From time to time, legislative proposals are pending which could have an effect on both the federal tax consequences resulting from ownership of the Series 2014 Bonds and their market value. No assurance can be given that additional legislative proposals will not be introduced or enacted that would or might apply to, or have an adverse effect upon, the Series 2014 Bonds. For example, proposals have been discussed in connection with deficit spending reduction, job creation and other tax reform efforts that could significantly reduce the benefit of, or otherwise affect the exclusion from gross income of, interest on obligations such as the Series 2014 Bonds. The President previously released legislative proposals that would, among other things, subject interest on tax- exempt obligations to a Federal income tax for taxpayers with incomes above certain thresholds for tax years beginning after 2012. The further introduction or enactment of one or more of such proposals could affect the market price or marketability of the Series 2014 Bonds. 34 Packet Pg. 874 Bond Premium The difference between the principal amount of the Series 2014 Bonds maturing on October 1, through October 1, (collectively, the "Premium Bonds") and the initial offering price to the public (excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers) at which price a substantial amount of such Premium Bonds of the same maturity was sold constitutes to an initial purchaser amortizable bond premium which is not deductible from gross income for federal income tax purposes. The amount of amortizable bond premium for a taxable year is determined actuarially on a constant interest rate basis over the term of each Premium Bond which ends on the earlier of the maturity or call date for each of the Premium Bonds which minimizes the yield on such Premium Bonds to the purchaser. For purposes of determining gain or loss on the sale or other disposition of a Premium Bond, an initial purchaser who acquires such obligation in the initial offering to the public at the initial offering price is required to decrease such purchaser's adjusted basis in such Premium Bond annually by the amount of amortizable bond premium for the taxable year. The amortization of bond premium may be taken into account as a reduction in the amount of tax-exempt income for purposes of determining various other tax consequences of owning such Bonds. Owners of the Premium Bonds are advised that they should consult with their own advisors with respect to the state and local tax consequences of owning such Premium Bonds. GENERAL PURPOSE FINANCIAL STATEMENTS The audited financial statements of the County for the Fiscal Year ended September 30, 2013 have been included as Appendix A to this Official Statement as a public document. The auditor has not been requested to perform, and has not performed, any service in connection with, and is therefore not associated with, the offering of the Series 2014 Bonds. The Series 2014 Bonds are payable solely from the Pledged Funds as described herein. The financial statements included in Appendix A are presented for general information purposes only. RATINGS Standard & Poor's Ratings Group ("S&P") and Fitch Ratings ("Fitch") have assigned ratings to the Series 2014 Bonds of "AA" (stable outlook) and "AA-" (stable outlook), respectively, to the Series 2014 Bonds. There is no assurance that each such ratings will continue for any given period of time or that it will not be lowered or withdrawn entirely by the rating agencies, if in its judgment, circumstances so warrant. A downward change in or withdrawal of such ratings may have an adverse effect on 35 Packet Pg. 875 the market price of the Series 2014 Bonds. An explanation of the significance of the ratings can be received from the rating agencies. ADVISORS AND CONSULTANTS The County has retained certain advisors and consultants in connection with the issuance of the Bonds. These advisors and consultants are compensated from a portion of the proceeds of the Series 2014 Bonds, included in "Costs of Issuance" under the heading "SOURCES AND USES OF FUNDS" herein; their compensation is, in some instances, contingent upon the issuance of the Series 2014 Bonds and the receipt of the proceeds thereof. Financial Advisor. First Southwest Company, Orlando, Florida, serves as financial advisor (the "Financial Advisor") to the County and, in that capacity, has provided advice in connection with the planning, structuring and issuance of the Series 2014 Bonds. The Financial Advisor will not engage in any underwriting activities with regard to the issuance and sale of the Series 2014 Bonds. The Financial Advisor is not obligated to undertake and has not undertaken to make an independent verification or to assume responsibility for the accuracy, completeness or fairness of the information contained in this Official Statement. The Financial Advisor's fee is contingent upon the issuance of the Series 2014 Bonds and is expected to be paid from a portion of the proceeds of the Series 2014 Bonds. The Financial Advisor may also provide the County with certain investment services, including providing investments for the funds and accounts created under the Resolution. Bond Counsel and Disclosure Counsel. Nabors, Giblin & Nickerson, P.A., Tampa, Florida, represents the County as Bond Counsel and Disclosure Counsel, and is the County Attorney. UNDERWRITING The Underwriters shown on the cover page hereof have agreed, subject to the proceedings authorizing the sale of the Series 2014 Bonds, to purchase the Series 2014 Bonds from the County. The aggregate purchase price for the Series 2014 Bonds payable to the County is $__________ ($__________ principal amount plus/less original issue premium/discount of $_________ and less Underwriters discount of $__________. The Underwriters have furnished the information on the cover page of this Official Statement pertaining to the public offering price of the Series 2014 Bonds. The public offering price of the Series 2014 Bonds may be changed from time to time by the Underwriters, and the Underwriters may allow a concession from the public offering price to certain dealers. None of the Series 2014 Bonds will be delivered by the County to the Underwriters unless all of the Series 2014 Bonds are so delivered. 36 Packet Pg. 876  DISCLOSURE MATTERS Certificate as to Official Statement The County has duly authorized, executed and delivered this Official Statement. At the time of delivery of the Series 2014 Bonds to the Underwriters, the County will provide to the Underwriters a certificate (which may be included in a consolidated closing certificate of the County), signed by those County officials who signed this Official Statement, relating to the accuracy and completeness of this Official Statement. Continuing Disclosure The County has covenanted for the benefit of Bondholders to provide certain financial information and operating data relating to the Pledged Funds and the Series 2014 Bonds in each year, and to provide notices of the occurrence of certain enumerated material events. Annual financial information and operating data, the audited financial statements and the notices of material events, when and if they occur, shall be filed by the County with the Municipal Securities Rulemaking Board's electronic municipal access system ("EMMA"). The specific nature of the financial information, operating data, and of the type of events triggering a disclosure obligation, and other details of the undertaking are described in "Appendix F -- Form of Continuing Disclosure Certificate" attached hereto. The Continuing Disclosure Certificate shall be executed by the County prior to the issuance of the Series 2014 Bonds. These covenants have been made in order to assist the Underwriters in complying with the continuing disclosure requirements of Rule 15c2-12(b)5 (the "Rule") promulgated by the Securities and Exchange Commission. The County was several days late in filing its comprehensive annual financial statements for fiscal years 2010 and 2013, has inadvertently failed to include in its required annual disclosure an update of its water and sewer rates, and inadvertently failed to include a debt service coverage calculation for its sales tax-secured bonds in fiscal year 2013. In addition, certain annual reports and audited financial statements were filed late in the five years preceding 2009. The County has taken steps to ensure that these discrepancies do not occur again, including the hiring of a third-party dissemination agent. 37 Packet Pg. 877  OKALOOSA COUNTY, FLORIDA By:______________________________ Charles K. Windes, Jr., Chairman Board of County Commissioners By:______________________________ John Hofstad, Interim County Administrator By:______________________________ Gary J. Stanford, Finance Director 39 Packet Pg. 878  APPENDIX A GENERAL PURPOSE FINANCIAL STATEMENTS FOR YEAR ENDED SEPTEMBER 30, 2013 A-1 Packet Pg. 879  APPENDIX B GENERAL INFORMATION PERTAINING TO OKALOOSA COUNTY, FLORIDA Location and Size Okaloosa County was formed by an act of the Florida Legislature in 1915. The County is in the center of a 100 mile long strip of beaches in northwest Florida. The County seat is located at Crestview in the northern half of the County. Niceville, Fort Walton Beach, Valparaiso, Shalimar, Wright, Ocean City and Destin are other important population centers. The county is bordered on the west by Santa Rosa County, on the north by the State of Alabama, on the east by Walton County and on south by the Gulf of Mexico. Okaloosa County has a total land area of 1,936 square miles and approximately 24 miles of beaches facing directly on the Gulf of Mexico. The total population of the County was 170,498 in 2000 according to the U.S. Census Bureau and was 180,882 as of April 1, 2012 according to the Florida Statistical Abstract 2012 published by the University of Florida, Bureau of Economic and Business Research. The northern half of the County is largely agricultural and is centered on the County seat, Crestview. The eastern portion of the Black River Forest comprises nearly one-third of this northern portion of the County. The entire central and southern portions of the County, with the exception of the coastal area, is given over to the massive Eglin Air Force Base installation. The twin cities of Niceville and Valparaiso offer residential living, shopping and commercial accommodations to Air Force families and personnel. Fine fishing facilities are found along Choctawhatchee bay to the south of the base. The coastal area along the Gulf of Mexico has Fort Walton Beach and Destin as its hub. Visitors from northern states, tourists from all parts of the national and personnel recently retired from the Armed Services have made this area their permanent home. The population and commercial growth of the County is primarily in this coastal section. Recreation and Tourism In Okaloosa County, the resident and tourist has a full range of natural attractions and opportunities offered to him. Mile after mile of beautiful beaches and waterways attract boat enthusiasts, swimmers, skiers, surfers, skindivers and scuba divers. Concentrations of fighting game fish may be found offshore from Destin. Party and charter boats make runs out to favorite fishing reefs daily. Pier and bridge fishing on the Gulf of Mexico and inland bays and fresh water fishing in lakes and streams are excellent. The hunter may try for deer, turkey, quail, dove, duck and wild B-1 Packet Pg. 880 hog in the game management areas of the northern part of the County. Sailing, golfing and camping are other year-round activities. It is estimated that over 3,500,000 tourists visit the County each year. Tourists may visit the USAF Armament Museum, which is located on Eglin Air Force Base. Modern motels, condominiums and apartments are available accommodating up to 16,670 rooms for visitors. Federal Installation One of the largest U.S. Air Force installations in the free world is located in Okaloosa County. Established in 1935, Eglin Air Force Base is a massive testing and research facility covering 725 square miles in Walton, Okaloosa and Santa Rosa Counties. It includes three active major airfields: Eglin Main, Hurlburt and Duke. The Armament Division is responsible for research and development of all Air Force non-nuclear munitions a satellite tracking station and more than 40 other organizations. The unique McKinley Climatic Laboratory allows military and civilian testing of components and equipment at temperature extremes much lower than that actually experienced at polar or desert base locations. Giant aircraft, capable of carrying 500 personnel, can be accommodated within the confines of the laboratory. Eglin air Force Base is the home of the h air force Test Center, under the Air Force Systems Command. The 3rd Fighter Wing is on Eglin Main Base while the 919th Special Operation Group and the 7281 Tactical Control Squadron are at Duke Field. Other units, including a large Army Range Group, occupy other facilities. In 1999, Federal military employment in Okaloosa County was approximately 16,000, and Federal civilian employment was approximately 6,750, primarily at the military bases. Because of its wide range of activities, the uniqueness of its various facilities, and its vast size and favorable location, Eglin Air Force Base should continue to play a vital role in the defense programs of the United States. Source: Economic Development Council of Okaloosa County. Tourism Tourism employs approximately 32,000 tourism-related positions. Such economic activities generate nearly 1 billion dollars per year. Okaloosa County ranked third as a drive-in vacation destination, in Florida, behind the Orlando and Miami areas, according to the State of Florida Tourism Commission. B-2 Packet Pg. 881 Transportation U.S. Highway 90, running from Jacksonville westward through Tallahassee, the State Capital, passes through Crestview and continues to Pensacola, Florida, and New Orleans, Louisiana. This main east-west highway is parallel to Interstate Highway 10, which follows much of the "Old Spanish Trail" which ran from St. Augustine, Florida, on the Atlantic Coast to San Diego, California, on the Pacific Coast. Along the Gulf Coast, scenic U.S. Highway 98 provides access to the famous beach area of the County on the Gulf of Mexico and adjacent bay waters. State Highways 2, 4 and 20 also carry east-west traffic. State Highway 85 is the main north- south highway, running from the Gulf Coast at Fort Walton Beach northward through Crestview to the Alabama border. State Highways 189 and 285 also carry north-south traffic in the County. Okaloosa County is served by numerous motor freight carriers. Bus service is available to major populated areas of the County. Regularly scheduled airline service to the Northwest Florida Regional Airport is provided by Delta, American Eagle Airlines, U.S. Airways and United Airlines. Executive and private planes are accommodated at the Destin Airport and at the Crestview Airport. The Crestview Airport has an 8,200- foot runway. Other regularly scheduled airline flights are available at the Pensacola and Panama City airports. The Intracoastal Waterway traverses the protected sounds and bays between the gulf beaches and the mainland along the entire southern boundary of the County. Barge service is available at Eglin Air Force Base. Access to the Gulf is at Destin. Government and County Taxes The County operates on a fiscal year ending September 30 of each year. The County is governed by a five- member Board of County Commissioners, elected for staggered four-year terms. While the Board is charged with funding all County government functions, certain officers of the County government are separately elected as constitutional officers. They are the Clerk of the Circuit Court, Sheriff, Property Appraiser, Tax Collector and Supervisor of Elections. The seat of government is at Crestview, located in the geographic center of the County, and there is a courthouse annex in Shalimar. The main offices of the County Judge, the Sheriff, the Clerk of the Circuit Court, the Tax Assessor and the Tax Collector are in Crestview. B-3 Packet Pg. 882  COUNTY COMMISSIONERS Name District Term Expires Wayne Harris District I November, 2016 Dave Parisot District II November, 2014 Nathan Boyles, Vice Chair District III November, 2016 Don Amunds District IV November, 2014 Kelly Windes, Chairman District V November, 2016 In 2013, the County-wide ad valorem millage rate for the County government, a Municipal Services Taxing Unit and the District School Board was 10.9459. Municipal millages range from 2.3500 mills to 4.5240 Mills. Special districts, primarily the Northwest Florida Water Management District and independent fire districts, levy millages on certain areas of the County ranging from 1.000 mills to 3.1154 mills. The following is a list of the municipalities located within Okaloosa County which have levied millages in their respective incorporated areas. 2013 Fiscal Year Municipality Millage Rate Fort Walton Beach 4.5383 Niceville 3.7000 Crestview 5.5966 Valparaiso 4.5240 Destin 1.4550 Mary Esther 2.6435 Shalimar 2.0000 Cinco Bayou 2.3500 Laurel Hill 3.5000 Utilities and Communications Electric power in the County is provided by Gulf Power Company and Choctawhatchee Electric Co-op, Inc.; telephone service is provided by Sprint; and natural gas is supplied by the Okaloosa County Gas District. Water and sewer services are available from local municipal departments and the County water and sewer system. 13 FM and 4AM radio stations broadcast into the County. A major daily newspaper is published in Fort Walton Beach. A number of newspapers of local interest are also published. B-4 Packet Pg. 883 Community Facilities Public health, welfare and safety for residents and visitors to the County are provided by modern hospitals in Crestview, Niceville-Valparaiso and Fort Walton Beach. Also provided in the County are private medical and dental clinics; municipal police and fire departments; highway patrol and sheriff departments; a county- wide cooperative library system; and state, county, municipal and private parks and recreational facilities. The most notable recreational preserve is the Blackwater River State Forest, which covers a major portion of the northwest section of the County. Churches of most faiths are established in the County. Fully accredited public and private secondary schools and three universities and a community college offer fine facilities for education. Industry and Labor The Economic Development Council of Okaloosa County, Florida, placed the total civilian labor force in Okaloosa County at 121,193 persons in 2013 and the 2013 unemployment rate at 5.2 percent and per capita income at $46,639 in 2013 compared to the State's per capita income at $42,179. Industrial development is concentrated in the Fort Walton Beach and Crestview areas. A 1,000-acre industrial park near Crestview offers complete utilities and services. The park also has an 8,200 foot reinforced runaway. Fairchild Industrial, Inc., an aircraft modification company, is the largest tenant in the park. At Fort Walton Beach, a municipal industrial park offers complete facilities and utility services to companies supplying space-age components to the Air Force base. Many of the larger defense contractors in the nation have local distributors or representatives in the County. Pension Plan Plan Description Okaloosa County contributes to the Florida Retirement System (FRS), a cost- sharing multiple-employer defined benefit pension plan administered by the State of Florida Division of Retirement, Department of Management Services. The FRS provides retirement, disability or death benefits to plan members or their designated beneficiaries. Florida Statutes Chapter 121 provides the authority under which benefit provisions are established. The provisions may only be amended by legislative action. Beginning in 2002, a defined contribution plan alternative to the existing defined benefit plan known as the Public Employee Optional Retirement Program or the FRS Investment Plan became available to FRS members. Members in either plan B-5 Packet Pg. 884 who have reached normal retirement age may retire and continue employment with the County for up to 60 months. During that period the member's retirement benefits accumulate in the FRS Trust Fund increased by a cost-of-living adjustment each July and earned interest at an annual rate of 6.5%. The FRS issues a publicly available financial report that includes financial statements and required supplementary information. That report may be obtained on the State of Florida Department of Management Services website at www.dms.myflorida.com. FRS Plan Changes Effective July 1, 2011, the Florida Legislature passed Senate Bill 2100 that made substantive changes to the Florida Retirement System (FRS). The new Bill requires all FRS Investment and Pension Plan members (except those in Deferred Retirement Option Program, DROP) to now pay a 3% employee contribution, on a pretax basis, beginning on or after July 1, 2011. Cost of living adjustments (COLA) on or after July 1, 2011 are not automatic at 3%, but based on total years of service earned prior to July 1, 2011 to total years of service at retirement, multiplied by 3%. New members enrolling into FRS for the first time after July 1, 2011 will be subject to additional changes including 1) an increased vesting period from 6 years to 8 years, 2) a change calculation of benefits using Average Final Compensation (AFC) on the highest eight years of compensation as compared to highest five years. In addition, the normal retirement date for Regular, Senior Management Service, Elected Officers', and Special Risk Administrative Support Classes was modified to be age 65, with 8 years of service or 33 years of service regardless of age. Normal retirement for Special Risk Class members now at age 60, with 8 years of service, or 30 years of special risk class service or age 57, with 30 years of combined special risk class service and military service. For those members participating in the DROP program, the Legislature reduced the annual interest rate used for benefits from 6.5% to 1.3%. The funding policy relative to the FRS plan is disclosed below. Funding Policy Contribution requirements of the plan are established in Florida Statutes Chapter 121 and may only be amended by legislative action. Effective July 1, 2011, the Florida Legislature passed Senate Bill 2100 requiring all employee members to contribute 3% to the Plan. Formerly, only employers were required to contribute to the FRS Plan. The FRS funding policy now provides for monthly employer and employee contributions at actuarially determined rates that, expressed as percentages of annual covered payroll are adequate to accumulate sufficient assets to pay benefits when due. Level percentages of payroll employer contribution rates, established by state law, are determined using the entry-age actuarial funding method. If an unfunded actuarial liability re-emerges as a result of future plan benefit changes, B-6 Packet Pg. 885 assumption changes, or methodology changes, it is assumed any unfunded actuarial liability would be amortized over 30 years, using level dollar amounts. Except for gains reserved for rate stabilization, it is anticipated future actuarial gains and losses are amortized on a rolling 10% basis, as a level dollar amount. In July 2002, the Florida Legislature established a uniform contribution rate system for the FRS, which remained in effect with the passage of Senate Bill 2100. The uniform contribution system covers both the FRS Pension Plan and the FRS Investment Plan. Employers and employees contribute a percentage of the total payroll for each class of FRS membership. The current actuarially determined contribution rates expressed as a percentage of covered payrolls are for regular employees 6.95%, special risk employees 19.06%, special risk administrative support 35.96%, elected judges 28.28%, elected county officers 33.03%, senior management service class 18.31%, and 12.84% for the Deferred Retirement Option Program (DROP). The County's contributions to the plan for the years ended September 30, 2013, 2012, and 2011, listed below were equal to the required contributions for the year. Years Ended September 30, Elected Officials 2013 2012 2011 Board of County Commissioners $2,754,506 $2,297,942 $3,898,716 Clerk of the Circuit Court 366,186 325,565 450,543 Sheriff 2,153,332 2,017,147 2,887,232 Tax Collector 291,150 241,744 351,338 Property Appraiser 113,642 92,366 161,656 Supervisor of Elections 52,022 40,678 72,291 Total Contributions $5,730,838 $5,015,442 $7,821,776 Effective July 1, 2013, the Florida Legislature passed Senate Bill 1810 that sets the employer-paid contribution rates for both FRS and HIS system. The employer- paid contribution rate to pay the normal costs and amortization of the unfunded actuarial liability of the FRS increased. The established rates are based on the rates recommended in the "Blended Rate Study" associated with the 2012 Actuarial Valuation of the FRS. The "Blended Rate Study" covers a thirty-year period, with rates adjusted annually. The contributions will be deposited into the FRS Trust Fund to fund retirement benefits to members participating in the FRS. B-7 Packet Pg. 886 Health Insurance Subsidy Plan Description The Board of County Commissioners contributes to the Florida Retirement System Health Insurance Subsidy (FRSHIS), a cost-sharing multiple-employer defined benefit pension plan administered by the State of Florida Division of Retirement, Department of Management Services. Florida Statutes provides the authority under which benefit provisions are established. The provisions may only be amended by legislative action. The FRS issues a publicly available financial report that includes financial statements and required supplementary information. That report may be obtained on the State of Florida Department of Management Services website at www.dms.myflorida.com. The FRS provides assistance to retirees of all state-administered retirement systems in paying health insurance costs. Eligible retirees received an extra $5 per month for each year of creditable service completed at the time of retirement with a minimum monthly payment of $30 and a maximum payment of $150. To be eligible to receive the Health Insurance Subsidy (HIS), a retiree under any state-administered retirement must provide proof of health insurance coverage, which can include Medicare. Any spouse or financial dependent who receives a monthly retirement benefit may also receive the HIS. Funding Policy The HIS program is funded by required contributions from FRS participating employers. According to the FRS actuarial valuation of HIS completed July 1, 2012, the unfunded actuarial liability of the HIS program was $8.8 billion. The annual required contribution (ARC) calculated in July, 2012, for the fiscal year ending June 30, 2013 is 1.71% of active payroll. Effective July 1, 2013, with the passage of Senate Bill 1810, the employer-paid contribution rate for the HIS program increased from 1.11% of the employer's payroll to 1.20% of the employer's payroll. This contribution is added to the amount submitted for retirement contributions but is deposited in a separate trust fund (The Retiree Health Insurance Subsidy Trust Fund) from which Health Insurance Subsidy payments are authorized. If these contributions fail to provide full subsidy benefits to all participants, the subsidy payments may be reduced or canceled. B-8 Packet Pg. 887  Principal Employers in Okaloosa County- 2013 Percentage of Employer Employees Total Employment Jacobs Teas 1,483 1.52% Fort Walton Beach Medical Center 1,250 1.28 L-3/Crestview Aerospace Corp 1,064 1.09 Lockheed Martin 800 0.82 Indyne, Inc. 800 0.82 North Okaloosa Medical Center 678 0.69 DRS Training & Control Systems 454 0.46 National Electronics Warranty 450 0.46 The Boeing Company 419 0.43 BAE Systems Technical Services 410 0.42 Total Total County Employment Source: Florida Research and Economic Database. TEN LARGEST TAXPAYERS OF OKALOOSA COUNTY Taxable Percentage of Total Assessed Taxable Assessed Value Value Taxoaver Fort Walton Defense Housing Ltd. $18,668,560 0.08% Southeastern Consulting & DEY 18,097,998 0.08% L-3 Communications Crestview 11,157,313 0.05% Colonial Bank N.A. 7,876,000 0.04% North Florida Holdings LLC 7,566,860 0.03% BankTrust 5,224,206 0.02% Homewood Properties LLC 4,062,470 0.02% JRW Investments LLC 3,725,983 0.02% Majestic Oaks Vineyard LLC 3,507,766 0.02% Adams Homes of NWF Inc. 3,386,257 0.02% Total Principal Taxpayer Value $83,273,413 0.37% TOTAL TAX ABLE ASSESSED VALUE 06840352 100.00% Source: Okaloosa County Property Appraiser B-9 Packet Pg. 888  PROPERTY TAX LEVIES AND COLLECTIONS LAST TEN FISCAL YEARS Total Levied Collections in Fiscal For Percentage Subsequent Percentage Year The Fiscal Year Amount of Levy Years Amount of Levy 1999 $29,013,596 $27,920,789 96.2% $98,449 $28,019,238 96.6% 2000 31,666,615 30,485,905 96.3% 101,076 30,586,981 96.5% 2001 34,028,086 32,733,079 96.2% 88,893 32,821,972 96.3% 2002 36,174,693 34,743,059 96.0% 91,122 34,834,181 96.7% 2003 38,431,441 36,971,496 96.2% 174,458 37,145,955 96.6% 2004 42,144,165 40,556,384 96.2% 150,954 40,707,338 96.6% 2005 45,794,926 45,449,663 99.2% 181,918 45,631,581 96.5% 2006 57,849,177 55,634,769 96.2% 184,070 55,818,839 96.6% 2007 65,531,728 63,181,930 96.4% 100,657 63,282,587 96.6% 2008 63,123,125 62,249,498 98.6% 173,101 62,422,599 98.9% 2009 57,679,952 56,797,501 98.5% 198,907 56,996,408 98.8% 2010 53,408,513 52,477,263 98.3% 137,394 52,614,657 98.5% 2011 47,862,708 46,941,453 98.1% 235,856 47,177,309 98.6% 2012 45,434,311 44,537,852 98.0% 283,894 44,821,746 98.7% 2013 44,715,750 43,934,031 98.3% 168,991 44,103,022 98.6% Source: Okaloosa County Tax Collector Recapitulation of the Tax Roll. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) B-10 Packet Pg. 889  ASSESSED AND ESTIMATED ACTUAL VALUE OF TAXABLE PROPERTY LAST TEN FISCAL YEARS Assessed Centrally Estimated To Fiscal Real Personal Assessed Total Taxable Total Direct Actual Estimated Year Property Property Propertv Assessed Value Tax Rate Value(1) Actual 1999 $5,891,037,323 $522,100,290 $5,801,731 $6,418,939,344 13.2296 $7,551,693,346 85.00% 2000 6,435,422,487 538,514,086 6,275,364 6,980,211,937 12.5651 8,212,014,044 85.00 2001 7,067,061,592 578,955,906 5,766,918 7,651,784,416 12.7262 9,002,099,313 85.00 2002 7,680,697,180 677,541,625 5,110,044 8,363,348,849 12.6007 9,839,233,940 85.00 2003 8,193,996,199 688,433,422 5,742,536 8,888,172,157 12.7927 10,456,673,126 85.00 2004 8,913,575,789 696,513,719 7,934,493 9,618,024,001 12.8094 11,315,322,354 85.00 2005 10,027,698,523 730,162,016 10,055,839 10,767,916,378 12.8094 12,668,136,915 85.00 2006 12,783,763,622 787,145,427 5,994,612 13,576,903,661 12.6284 15,972,827,836 85.00 2007 17,056,877,307 840,818,749 1,672,030 17,899,368,086 11.6945 21,058,080,101 85.00 2008 17,921,513,970 879,629,168 5,697,214 18,806,840,352 11.1485 15,985,814,299 85.00 2009 16,605,928,228 798,827,354 5,875,411 17,410,630,993 11.1035 20,483,095,286 85.00 2010 15,379,485,139 788,963,431 6,340,541 16,174,789,111 11.1089 19,029,163,660 85.00 2011 13,745,152,717 748,267,784 6,451,134 14,499,871,635 11.0039 17,058,672,512 85.00 2012 12,818,828,620 728,508,866 7,148,799 13,554,486,285 11.2389 15,946,454,453 85.00 2013 13,032,564,179 756,588,957 7,592,401 13,796,745,537 10.9459 16,231,465,338 85.00 (1) Based on Property Appraiser's estimate of assessed property valuation being 85% of market value. Source: Okaloosa County Property Appraiser. COMPUTATION OF DIRECT AND UNDERLYING DEBT(1) Net Percent Series 2014 Applicable County's Share Direct: Bonded Debt(2) to Countv of Net Debt Okaloosa County (No Series 2014 $0.00 0% $0.00 Bonded Debt) Underlying: Okaloosa County School Board $59,896,000.00 100% $59,896,000.00 (1) This Schedule is normally titled "Computation of Overlapping Debt", however because Okaloosa County has no overlapping debt, the title has been changed to reflect the contents of the schedule. (2) Net Bonded Debt is defined here as gross bonded debt less amount available in debt service. B-11 Packet Pg. 890  APPENDIX C FORM OF BOND RESOLUTION C-1 Packet Pg. 891  APPENDIX D FORM OF BOND COUNSEL OPINION D-1 Packet Pg. 892  APPENDIX E SPECIMEN FINANCIAL GUARANTY INSURANCE POLICY E-1 Packet Pg. 893  APPENDIX F FORM OF CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by Okaloosa County, Florida (the "Issuer"), in connection with the issuance of its $________ Sales Tax Revenue Bonds, Series 2014 (the "Bonds"). The Bonds are being issued pursuant to Resolution No. 09-190, duly adopted by the governing body of the Issuer on November 4, 2014, as amended and supplemented, (collectively, the "Bond Resolution"). The Issuer covenants and agrees as follows: SECTION 1. PURPOSE OF THE DISCLOSURE CERTIFICATE. This Disclosure Certificate is being executed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the Bonds and in order to assist the Participating Underwriters in complying with the continuing disclosure requirements of Securities and Exchange Commission Rule 15c2-12. SECTION 2. DEFINITIONS. In addition to the definitions set forth in the Bond Resolution which apply to any capitalized term used in this Disclosure Certificate, unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. "Dissemination Agent" shall mean the Issuer, or any successor Dissemination Agent designated in writing by the Issuer, and which has filed with the Issuer a written acceptance of such designation. "EMMA" shall mean the Electronic Municipal Market Access system as described in Securities and Exchange Commission Release No. 34-59062 and maintained by the Municipal Securities Rulemaking Board for purposes of the Rule as further described in Section 4(d) hereof. "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. "Participating Underwriters" shall mean the original purchasers F-1 Packet Pg. 894 of the Bonds required to comply with the Rule in connection with offering of the Bonds. "Rule" shall mean the continuing disclosure requirements of Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. SECTION3. PROVISION OF ANNUAL REPORTS. (a) The Issuer shall, or shall cause the Dissemination Agent to, not later than 180 days after the end of the Issuer's fiscal year (presently ends September 30), commencing with the report for the 2014 fiscal year, provide to EMMA an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the Issuer may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report only if they are not available by that date so long as they are provided when they become available. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). (b) Not later than fifteen (15) Business Days prior to said date, the Issuer shall provide the Annual Report to the Dissemination Agent (if other than the Issuer). If the Issuer is unable to provide to EMMA an Annual Report by the date required in subsection (a), the Issuer shall send a notice to EMMA [and the Insurer, if any,] in substantially the form attached as Exhibit A. (c) If the Dissemination Agent is other than the Issuer, the Dissemination Agent shall file a report with the Issuer certifying that the Annual Report has been provided pursuant to this Disclosure Agreement, stating the date it was provided to EMMA. SECTION 4. CONTENT OF ANNUAL REPORTS. The Issuer's Annual Report shall contain or include by reference the following: (a) The audited financial statements of the Issuer for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the Issuer's audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3 (a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial F-2 Packet Pg. 895 statements shall be filed in the same manner as the Annual Report when they become available. (b) An update of the Sales Tax Revenues from the Official Statement as follows: 1. Table of Historical Sales Tax Revenues 2. Table of Debt Service Coverage from Sales Tax Revenues Relating to information to be provided to EMMA, the information provided under Section 4(b) may be included by specific reference to other documents, including official statements of debt issues of the Issuer or related public entities, which have been submitted to EMMA or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from EMMA the Issuer shall clearly identify each such other document so included by reference. SECTIONS. REPORTING OF SIGNIFICANT EVENTS. (a) Pursuant to the provisions of this Section 5, the Issuer shall give, or cause to be given, notice of the occurrence of any of the following Listed Events with respect to the Bonds, if material: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers or their failure to perform; 6. Adverse tax opinions to or events affecting the tax-exempt status of the Bonds; 7. Modifications to rights of the holders of the Bonds; 8. Bond calls (other than scheduled mandatory redemptions); F-3 Packet Pg. 896  9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Bonds; and 11. Ratings changes. (b) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, the Issuer shall as soon as possible, determine if such event is material under applicable federal securities laws. (c) If the Issuer determines that knowledge of the occurrence of a Listed Event is material under applicable federal securities laws, the Issuer shall promptly file a notice of such Listed Event with EMMA. Notwithstanding the foregoing, notice of Listed Events described in Sections 5(a)(8) and (9) need not be given under this Section 5 any earlier than the notice (if any) of the underlying event is given to Holders of affected Bonds pursuant to the Bond Resolution. SECTION6. TERMINATION OF REPORTING OBLIGATION. The Issuer's obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the Issuer shall give notice of such termination in the same manner as for a Listed Event under Section 5(c). SECTION 7. DISSEMINATION AGENT. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the Issuer pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be the Issuer. SECTION 8. AMENDMENT; WAIVER. Notwithstanding any other provision of this Disclosure Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: (a) If the amendment or waiver relates to the provisions of Sections 3(a), 4, or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of the Issuer, or the type of business conducted; F-4 Packet Pg. 897  (b) The undertaking, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) The amendment or waiver either (1) is approved by the Holders of the Bonds in the same manner as provided in the Bond Resolution for amendments to the Bond Resolution with the consent of Holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Holders or Beneficial Owners of the Bonds. In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuer shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section 5(c), and (ii) the Annual Report for the year in which the change is made should present a comparison in narrative form (and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. SECTION 9. ADDITIONAL INFORMATION. Nothing in this Disclosure Certificate shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECTION 10. DEFAULT. In the event of a failure of the Issuer to comply with any provision of this Disclosure Certificate, any Holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Issuer to comply with its obligations under this Disclosure Certificate; provided, however, the sole remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with the provisions of this Disclosure Certificate shall be an action to compel F-5 Packet Pg. 898 performance. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Bond Resolution. SECTION 11. DUTIES, IMMUNITIES AND LIABILITIES OF DISSEMINATION AGENT. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The obligations of the Issuer under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. SECTION 12. BENEFICIARIES. This Disclosure Certificate shall inure solely to the benefit of the Issuer, the Dissemination Agent, the Participating Underwriters and Holders and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. F-6 Packet Pg. 899 Dated: December ____, 2014 OKALOOSA COUNTY, FLORIDA By:______________________________ Charles K. Windes, Jr., Chairman Board of County Commissioners By:______________________________ John Hofstad, Interim County Administrator By:______________________________ Gary J. Stanford, Finance Director F-7 Packet Pg. 900  EXHIBIT A NOTICE OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: Okaloosa County, Florida Name of Bond Issue: Sales Tax Revenue Bonds, Series 2014 Date of Issuance: November 25, 2014 NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with respect to the above-named Bonds as required by Sections 3 and 4 of the Continuing Disclosure Certificate dated November 25, 2014. The Issuer anticipates that the Annual Report will be filed by __________________. Dated: OKALOOSA COUNTY, FLORIDA By: Name: Title: F-8 Packet Pg. 901  RESOLUTION NO. 14 – _____ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA AMENDING ITS RESOLUTION NO. 09-190, ADOPTED NOVEMBER 17, 2009, IN CERTAIN RESPECTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Okaloosa County, Florida (the "County") has on November 17, 2009, previously adopted its Resolution No. 09-190 (the "Resolution"), which provides for the issuance from time to time of Sales Tax Revenue Bonds of the County; and WHEREAS, the County has previously issued its Sales Tax Revenue Bonds, Series 2009A and Taxable Sales Tax Revenue Bonds (Direct Payment Build America Bonds), Series 2009B (collectively, the "Series 2009 Bonds"); and WHEREAS, the Resolution provides for the issuance of Additional Bonds (as defined therein), and in connection therewith the creation of a subaccount of the Reserve Account established thereby funded at the Reserve Account Requirement; and WHEREAS, the County desires to amend the Resolution to provide that the Reserve Account Requirement may, with respect to a series of future Bonds, be zero; and WHEREAS, Section 7.01(L) of the Resolution authorizes amendments to the Resolution that, in the opinion of the County, would not materially adversely affect the security for the Bonds; and WHEREAS, since the Series 2009 Bonds continue to be secured by a separate subaccount of the Reserve Account and the absence of a reserve subaccount for a series of Additional Bonds does not affect such security, the County does not believe such amendment would adversely affect the security for the existing Bonds; and WHEREAS, Section 7.03 of the Resolution provides that if all the Bonds Outstanding thereunder are insured or guaranteed as to principal and interest by an Insurer or Insurers and said Bonds shall be rated by the rating agencies which shall have rated the Bonds at the time such Bonds were guaranteed no lower than in the top four rating categories (including gradations) established by said rating agencies on the date of being guaranteed, the Issuer may enact certain Supplemental Resolutions amending certain parts of the Resolution with the written consent of such Insurer or Insurers and the acknowledgment of such Insurer or Insurers that its guaranty policy will remain in full force and effect, without the prior written consent of the Bondholders; and Packet Pg. 902  WHEREAS, Assured Guaranty is the Insurer of all of the Series 2009 Bonds, the only Bonds currently Outstanding under the Resolution, and is rated "AA" by Standard & Poor’s Rating Group, which is the rating agency which rated the Series 2009 Bonds and continues to rate them, and such rating is within the top four rating categories (including gradations) of such services; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY FLORIDA as follows: SECTION 1. The Resolution is hereby amended to provide that, at the option of the County, the Reserve Account Requirement with respect to any Additional Bonds issued under the Resolution may be zero; provided, that at the time of issuance of such Additional Bonds, the Additional Bonds shall be rated (without regard to any credit enhancement) at least AA- or Aa3 by Standard & Poor's Ratings Service or Moody's Investors Service, respectively. SECTION 2. This Amending Resolution shall take effect immediately upon its adoption, and the approval by Assured Guaranty Corp. referenced below. Packet Pg. 903  PASSED AND ADOPTED this 4th day of November, 2014 OKALOOSA COUNTY, FLORIDA Charles K. Windes, Jr., Chairman Board of County Commissioners ATTEST: J D Peacock II Clerk Ad Interim APPROVED: ASSURED GUARANTY CORP. Its: The above-referenced official of Assured Guaranty Corp. acknowledges that its Policy No. D-2009-1620 with respect to the Series 2009 Bonds, shall remain in full force and effect after the above-referenced approval. Packet Pg. 904  RESOLUTION NO. 14 – ______ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA SUPPLEMENTING RESOLUTION NO. 09-190 OF THE COUNTY; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF THE COUNTY'S SALES TAX REVENUE BONDS, SERIES 2014; PROVIDING CERTAIN TERMS AND DETAILS OF SUCH BONDS, INCLUDING AUTHORIZING A NEGOTIATED SALE OF SAID BONDS AND THE EXECUTION AND DELIVERY OF A BOND PURCHASE CONTRACT WITH RESPECT THERETO UPON COMPLIANCE WITH CERTAIN PARAMETERS; APPOINTING THE PAYING AGENT AND REGISTRAR WITH RESPECT TO SAID BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT WITH RESPECT THERETO; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSURANCE AGREEMENT AND A CONTINUING DISCLOSURE CERTIFICATE; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, as follows: SECTION 1. FINDINGS. It is hereby found and determined that: (A) On November 17, 2009, the Board of County Commissioners of Okaloosa County, Florida (the "County" or "Issuer") duly adopted Resolution No. 09-190 (as previously supplemented, the "Authorizing Resolution"). All capitalized terms not otherwise defined herein shall have the meanings set forth in the Authorizing Resolution. (B) The Authorizing Resolution, as further supplemented hereby, is referred to herein as the "Bond Resolution." (C) The Authorizing Resolution provides for the issuance of Bonds thereunder, upon meeting the requirements set forth in the Authorizing Resolution. (D) The County deems it to be in the best interests of its citizens and taxpayers to issue its Sales Tax Revenue Bonds, Series 2014 (the "2014 Bonds") for the purpose of financing certain capital improvements in and for the County (described in Exhibit D attached hereto) (the "2014 Project"). The County has issued its Sales Tax Bond Anticipation Note, Series 2014 (the "2014 Note") to provide interim financing for the 2014 Project. Packet Pg. 905  (E) The principal of and interest on the 2014 Bonds and all required sinking fund, reserve and other payments shall be limited obligations of the County, payable solely from the Pledged Funds, as provided in the Authorizing Resolution. The 2014 Bonds shall not constitute a general obligation or a pledge of the faith, credit or taxing power of the County, the State of Florida, or any political subdivision thereof, within the meaning of any constitutional or statutory provisions, except to the extent specifically set forth in the Authorizing Resolution. Neither the State of Florida, nor any political subdivision thereof, nor the County shall be obligated (1) to exercise its ad valorem taxing power in any form on any real or personal property of or in the County to pay the principal of the 2014 Bonds, the interest thereon, or other costs incidental thereto or (2) to pay the same from any other funds of the County except from the Pledged Funds, in the manner provided in the Bond Resolution. (F) Due to the present volatility of the market for tax-exempt obligations such as the 2014 Bonds, it is in the best interest of the County to sell the 2014 Bonds by a negotiated sale, allowing the County to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price and interest rate for the 2014 Bonds. The County acknowledges receipt of the information required by Section 218.385, Florida Statutes, in connection with the negotiated sale of the 2014 Bonds. A copy of the letter of the underwriters for said 2014 Bonds containing the aforementioned information is a condition precedent to the execution and delivery by the Issuer of the Purchase Contract referred to below. (G) RBC Capital Markets LLC, on behalf of itself and Crews & Associates, Inc. (collectively, the "Underwriters") expects to offer to purchase the 2014 Bonds from the County and submit a Bond Purchase Contract in the form attached hereto as Exhibit A (the "Purchase Contract") expressing the terms of such offer, and, assuming compliance with the provisions of Section 5 hereof, the Issuer does hereby find and determine that it is in the best financial interest of the Issuer that the terms expressed in the Purchase Contract be accepted by the Issuer. (H) The Authorizing Resolution provides that Bonds such as the 2014 Bonds shall mature on such dates and in such amounts, shall bear such rates of interest, shall be payable in such places and shall be subject to such redemption provisions as shall be determined by Supplemental Resolution adopted by the County; and it is now appropriate that the County determine parameters for such terms and details. SECTION 2. AUTHORITY FOR THIS SUPPLEMENTAL RESOLUTION. This Supplemental Resolution is adopted pursuant to Article II of the Authorizing Resolution, the provisions of the Act (as defined in the Authorizing Resolution) and other applicable provisions of law. SECTION 3. AUTHORIZATION AND DESCRIPTION OF THE 2014 BONDS. The County hereby determines to issue a series of Bonds in an aggregate principal amount not exceeding $25,000,000, the exact principal amount to be as set forth in the Purchase Contract, to be known as its "Sales Tax Revenue Bonds, Series 2014" for the principal purpose of financing the Cost of the 2014 Project and refunding the 2014 Note. The 2014 Bonds shall be dated their date of delivery, shall be issued as fully registered Bonds, numbered consecutively from one upward in order of maturity with the prefix "R"; shall bear interest from their date of delivery, payable semi-annually, on April 1 and October 1 of each year, 2 Packet Pg. 906 commencing on April 1, 2015, at such rates and maturing in such amounts on October 1 of such years as to be set forth in the Purchase Contract. The 2014 Bonds shall be issued in denominations of $5,000 and any integral multiple thereof. Said Bonds shall be dated their date of delivery (or other date as may be set forth in the Purchase Contract), shall be issued in the form of fully registered Bonds in the denomination of $5,000 or any integral multiple thereof (or in such other authorized denominations as provided in the Purchase Contract), shall be numbered consecutively from one upward in order of maturity preceded by the letter "R," shall be substantially in the form set forth in the Authorizing Resolution, shall bear interest from their dated date and payable on such dates (the "Interest Dates") as provided in the Purchase Contract. The 2014 Bonds may be issued as Serial Bonds, Capital Appreciation Bonds and/or Term Bonds (or any combination thereof), and/or may be issued in more than one Series as determined by an Authorized Issuer Officer. The determination of the type or types of 2014 Bonds to issue and such number or Series shall be made based upon the advice of First Southwest Company, Inc., the Issuer’s Financial Advisor, Bond Counsel, and the Underwriters, which advice shall be based upon a determination of what is reasonably anticipated to be most cost effective to the Issuer given the current market conditions for the issuance of such 2014 Bonds. The principal of, or Redemption Price, if applicable, on the 2014 Bonds are payable upon presentation and surrender of the 2014 Bonds at the office of the Paying Agent and Registrar for the Bonds. Interest payable on any 2014 Bond on any Interest Date will by paid by check or draft of the Paying Agent to the Holder in whose name such Bond shall be registered at the close of business on the date which shall be the fifteenth day (whether or not a business day) of the calendar month next preceding such Interest Date, or at the prior written request and expense of such Holder, by bank wire transfer for the account of such Holder. Notwithstanding the foregoing, the 2014 Bonds shall be subject to a book-entry system of registration described in the Authorizing Resolution and as set forth in the Purchase Contract. All payments of principal of or Redemption Price, if applicable, and interest on the 2014 Bonds shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. The 2014 Bonds shall bear interest at such rates and yields, shall mature on October 1 of each of the years (or on such other dates as provided in the Purchase Contract) and in the principal amounts corresponding to such years, and shall have such redemption provisions as determined by an Authorized Issuer Officer, subject to the conditions set forth in Section 5 hereof. With respect to the 2014 Bonds, "Bond Year" shall mean the period commencing on October 1 of each year and ending on September 30 of the following year. All of the terms of the 2014 Bonds will be included in a Purchase Contract, which shall be in substantially the form attached hereto and made a part hereof as Exhibit A, subject to changes made thereto in connection with the pricing and sale of the 2014 Bonds. Each Authorized Issuer Officer is hereby authorized to execute the Purchase Contract in substantially the form attached hereto as Exhibit A with such modifications as deemed appropriate upon satisfaction of the conditions described in Section 5 hereof. For purposes hereof "Authorized Issuer Officer" shall mean the Chairman and County Administrator. The 2014 Bonds shall be subject to redemption prior to maturity as provided in the Purchase Contract. 3 Packet Pg. 907  SECTION 4. AUTHORIZATION OF THE 2014 PROJECT. The acquisition and construction of the 2014 Project (including the reimbursement to the Issuer of certain costs incurred with respect thereto), is hereby authorized by the Issuer. SECTION 5. SALE OF THE BONDS. Upon delivery to the Chairman and the County Administrator of a Purchase Contract substantially in the form of Exhibit A attached hereto, evidencing: (A) 2014 Bonds in an aggregate principal amount not exceeding $25,000,000; (B) A final maturity of such 2014 Bonds of not later than October 1, 2035; (C) A true interest cost with respect to the 2014 Bonds of not greater than 4.00% per annum; (D) Optional redemption of the 2014 Bonds beginning no later than October 1, 2024 at a price no greater than 101% of par; and (E) An Underwriters' discount not in excess of $5.00 per $1,000 of 2014 Bonds; the 2014 Bonds shall be sold to the Underwriters pursuant to the Purchase Contract at the purchase price provided therein (including any original issue discounts or original issue premiums); all terms and conditions set forth in said Purchase Contract being hereby approved. Upon compliance with the foregoing, the Chairman and County Administrator are hereby authorized and directed to execute said Purchase Contract and to deliver the same to the Underwriters. SECTION 6. OFFICIAL STATEMENT; CONTINUING DISCLOSURE CERTIFICATE. (A) The form, terms and provisions of the Official Statement, dated the date of execution of the Purchase Contract, in substantially the form attached hereto as Exhibit B, which shall include the terms and provisions set forth in the executed version of the Purchase Contract, relating to the 2014 Bonds, be and the same hereby are approved with respect to the information therein contained. The Chairman and the County Administrator, upon execution of the Purchase Contract described above, are hereby authorized and directed to execute and deliver said Official Statement in the name and on behalf of the County, and thereupon to cause such Official Statement to be delivered to the Underwriters with such changes, amendments, omissions and additions as may be approved by the Chairman. The use of the Preliminary Official Statement, in the form attached hereto as Exhibit B, in the marketing of the 2014 Bonds is hereby authorized and the Official Statement, including any such changes, amendments, modifications, omissions and additions as approved by the Chairman, and the information contained therein are hereby authorized to be used in connection with the sale of the 2014 Bonds to the public. Execution by the Chairman and the County Administrator of the Official Statement shall be deemed to be conclusive evidence of approval of such changes, amendments, modifications, omissions and additions. The Chairman and County Administrator are hereby authorized to deem the Preliminary Official Statement "final," within the meaning of Securities and Exchange Commission Rule 15c2-12, except for permitted omissions as described therein. 4 Packet Pg. 908  (B) In order to enable the Underwriters to comply with the provisions of SEC Rule 15c2- 12 relating to secondary market disclosure, the Chairman is hereby authorized and directed to execute and deliver the Continuing Disclosure Certificate in the name and on behalf of the County substantially in the form attached hereto as Exhibit C, with such changes, amendments, omissions and additions as shall be approved by the Chairman, his execution and delivery thereof being conclusive evidence of such approval. SECTION 7. APPOINTMENT OF REGISTRAR AND PAYING AGENT. _________________ is hereby designated Registrar and Paying Agent for the 2014 Bonds. The Chairman and the Clerk are hereby authorized to enter into any agreement which may be necessary to effect the transactions contemplated by this Section 7. SECTION 8. PURCHASE OF BOND INSURANCE POLICY. The Issuer has received or expects to receive a commitment or commitments to provide a Bond Insurance Policy with respect to the 2014 Bonds. In connection therewith, the Issuer hereby authorizes and directs, upon a determination by an Authorized Issuer Officer based upon the advice the Underwriters and the Issuer’s Financial Advisor that purchase of said Bond Insurance Policy is in the best financial interest of the Issuer, the Chairman to execute and deliver an insurance agreement and a bond insurance commitment, with the Bond Insurer deemed most favorable to the Issuer, and the Clerk to attest the same under the official seal of the Issuer. All of the provisions of the insurance agreement, when executed and delivered by the Issuer as authorized herein and when duly authorized, executed and delivered by the Bond Insurer, shall be deemed to be a part of this Supplemental Resolution as fully and to the same extent as if incorporated verbatim herein. SECTION 9. GENERAL AUTHORITY. The members of the Board of County Commissioners of the County and the officers, attorneys and other agents or employees of the County and the Clerk are hereby authorized to do all acts and things required of them by this Supplemental Resolution or the Authorizing Resolution, or desirable or consistent with the requirements hereof or the Authorizing Resolution, including the execution of such documents necessary to establish a book-entry system of registration with respect to the 2014 Bonds, for the full punctual and complete performance hereof or thereof. Each member, employee, attorney and officer of the County is hereby authorized and directed to execute and deliver any and all papers and instruments and to be and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated hereunder. The Chairman and/or the Clerk are hereby authorized to execute such tax forms or agreements as shall be necessary to effect the transactions contemplated hereby, including designating Bond Counsel to assist or act as agent with respect thereto. SECTION 10. AUTHORIZING RESOLUTION TO CONTINUE IN FORCE. Except as herein expressly provided, the Authorizing Resolution and all the terms and provisions thereof, including the covenants contained therein, are and shall remain in full force and effect. SECTION 11. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, even though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining 5 Packet Pg. 909 covenants, agreements or provisions and shall in no way affect the validity of any of the other covenants, agreements or provisions hereof or the 2014 Bonds issued hereunder. SECTION 12. EFFECTIVE DATE. This Supplemental Resolution shall become effective immediately upon its adoption. 6 Packet Pg. 910  DULY ADOPTED, this 4th day of November, 2014. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA (SEAL) By: Charles K. Windes, Jr. Chairman ATTEST: J D Peacock II Clerk Ad Interim 7 Packet Pg. 911  EXHIBIT A BOND PURCHASE CONTRACT A-1 Packet Pg. 912  EXHIBIT B OFFICIAL STATEMENT B-1 Packet Pg. 913  EXHIBIT C FORM OF CONTINUING DISCLOSURE CERTIFICATE C-1 Packet Pg. 914  EXHIBIT D 2014 PROJECT The acquisition and construction of capital improvements to County facilities, including the Crestview courthouse, as the same may be modified from time to time by action of the Board of County Commissioners. D-1 Packet Pg. 915  BOND PURCHASE AGREEMENT $_________ OKALOOSA COUNTY, FLORIDA Sales Tax Revenue Bonds, Series 2014 November ___, 2014 Board of County Commissioners of Okaloosa County 302 Wilson Street, N. Crestview, Florida Ladies and Gentlemen: RBC Capital Markets, LLC, and its successors and assigns, on behalf of itself and Crews & Associates, Inc. (collectively, the "Underwriter"), on behalf of itself, and not acting as fiduciary or agent for you, offers to enter into this agreement (the "Bond Purchase Agreement") with Okaloosa County, Florida (the "County"), which, upon your acceptance of this offer, will be binding upon the County and, jointly and severally, upon the Underwriter. This offer is made subject to your acceptance on or before 11:59 p.m., Eastern time, on the date hereof and if not so accepted, will be subject to withdrawal by the Underwriter upon notice to the County at any time prior to your acceptance hereof. Capitalized terms not defined herein shall have the meanings ascribed to them in the Resolution (as defined herein). SECTION 1. PURCHASE AND SALE. Upon the terms and conditions and upon the basis of the representations, warranties and agreements set forth herein, the Underwriter hereby agrees to purchase from the County for offering to the public, and the County hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of the County's $_________ aggregate principal amount of Okaloosa County, Florida Sales Tax Revenue Bonds, Series 2014 (the "Series 2014 Bonds"). The Series 2014 Bonds shall be dated the date of their delivery and shall be issued in such principal amounts and bear such rates of interest as set forth in Exhibit A attached hereto. Interest on the Series 2014 Bonds shall be payable April 1 and October 1 of each year, commencing April 1, 2015. The aggregate purchase price of the Series 2014 Bonds is $_________ (representing the principal amount of $________ plus net original issue premium of $_________ less Underwriter discount of $________). The Series 2014 Bonds shall initially be offered to the public as set forth in Section 3 hereof at such prices or yields as indicated on Exhibit A attached hereto. The Series 2014 Bonds shall be issued pursuant to and under the authority of Chapter 125, Part I, Florida Statutes, and other applicable provisions of law, and Resolution No. 09-190 adopted by the Board of County Commissioners of Okaloosa County, Florida on November 17, 2009, as amended and supplemented by Resolution No. 14- Packet Pg. 916 ____ adopted by the Board of County Commissioners of Okaloosa County, Florida on _________, 2014 (collectively, the "Resolution"). The Series 2014 Bonds are limited obligations of the City, payable solely from and secured by (1) a lien on and pledge of the local government half-cent sales tax allocated for and distributed monthly to the County pursuant to Chapter 218, Part VI, Florida Statutes (the "Sales Tax Revenues") and, (2) until applied in accordance with the provisions of the Resolution, all moneys, including investments thereof, in the funds and accounts established in the Resolution, other than the Rebate Fund (collectively, the "Pledged Funds"). The County is proposing to issue the Series 2014 Bonds to: (i) finance the costs of the acquisition and construction of improvements to County facilities, including the Crestview courthouse; (ii) pay certain costs of issuance incurred with respect to such Series 2014 Bonds. The Series 2014 Bonds and the interest thereon will be payable from and secured equally and ratably by a pledge of and lien upon the Pledged Funds, all in the manner and to the extent set forth in the Resolution. Concurrently with the execution and delivery of the Series 2014 Bonds, there are to be executed and delivered, among other things, (a) the Continuing Disclosure Certificate of the County, dated as of the Closing Date (as hereinafter defined) (the "Continuing Disclosure Certificate"), (b) the Registrar and Paying Agent Agreement, dated as of the Closing Date (the "Registrar and Paying Agent Agreement"), between the County and _________________________, its successors and assigns, as registrar and paying agent for the Series 2014 Bonds (the "Registrar and Paying Agent"), and (c) any other documents related to the transactions contemplated in the Official Statement in connection with the public offering, sale and distribution of the Series 2014 Bonds. Inasmuch as this purchase and sale represents a negotiated transaction, the County acknowledges and agrees that: (i) the transaction contemplated by this Agreement is an arm’s length, commercial transaction between the County and the Underwriter in which the Underwriter is acting solely as a principal and is not acting as a municipal advisor, financial advisor or fiduciary to the County; (ii) the Underwriter has not assumed any advisory or fiduciary responsibility to the County with respect to the transaction contemplated hereby and the discussions, undertakings and procedures leading thereto (irrespective of whether the Underwriter has provided other services or is currently providing other services to the County on other matters); (iii) the Underwriter is acting solely in its capacity as underwriter for its own accounts, (iv) the only obligations the Underwriter has to the County with respect to the transaction contemplated hereby expressly are set forth in this Agreement; and (v) the County has consulted its own legal, accounting, tax, financial and other advisors, as applicable, to the extent it has deemed appropriate. The Underwriter has been duly authorized to execute this Agreement and to act hereunder. SECTION 2. UNDERWRITER'S LIABILITY. Delivered to you herewith, as a good faith deposit, is a federal funds wire transfer from the Underwriter deposited to the account of the County previously designated by the County, in the amount of $________ as security for the performance by the Underwriter of their obligation to accept and pay for the Series 2014 Bonds at Closing in accordance with the provisions of this Bond Purchase 2 Packet Pg. 917 Agreement. In the event that you accept this offer, such wired funds shall be held by the County and applied to the purchase price of the Series 2014 Bonds at the closing. In the event you do not accept this offer, such wired funds shall be immediately returned to the Underwriter. If the Underwriter fails (other than for a reason permitted hereunder) to accept and pay for the Series 2014 Bonds at the Closing as provided herein, the wired funds may be retained by the County as full liquidated damages for the failure of the Underwriter to accept and pay for the Series 2014 Bonds at closing and for any and all defaults hereunder on the part of the Underwriter, and the retention of such amounts shall constitute a full release and discharge of all claims and damages for such failure and for any and all such defaults hereunder on the part of the Underwriter, it being understood by both the County and the Underwriter that actual damages in such circumstances may be difficult or impossible to compute. In the event that the County fails to deliver the Series 2014 Bonds at the Closing, or if the County is unable at or prior to the Closing Date to satisfy or cause to be satisfied the conditions to the obligations of the Underwriter contained in this Bond Purchase Agreement, or if the obligations of the Underwriter contained herein shall be cancelled or terminated for any reason permitted by this Bond Purchase Agreement, the County shall be obligated to immediately return the wired funds to the Underwriter and such return shall constitute a full release and discharge of all claims by the County and the Underwriter arising out of the transactions contemplated herein except for the respective obligations of the County and the Underwriter set forth in Section 8 below. SECTION 3. OFFERING. The Underwriter agrees to make a public offering of the Series 2014 Bonds at the initial offering prices or yields set forth in Exhibit A attached hereto; provided, however, the Underwriter reserves the right to make concessions to dealers and to change such initial offering prices or yields as the Underwriter shall deem necessary in connection with the marketing of the Series 2014 Bonds. It shall be a condition of your obligation to sell the Series 2014 Bonds to the Underwriter and to deliver the Series 2014 Bonds to the Underwriter as provided in Section 6 hereof, and the obligation of the Underwriter to purchase and accept delivery of the Series 2014 Bonds, that the entire initial aggregate principal amount of the Series 2014 Bonds shall be sold and delivered by you and accepted and paid for by the Underwriter at the Closing. SECTION 4. PRELIMINARY OFFICIAL STATEMENT AND OFFICIAL STATEMENT. The County hereby confirms that it has made available to the Underwriter a Preliminary Official Statement of the County relating to the Series 2014 Bonds dated ________, 2014 (which, together with the cover page, inside cover page and appendices contained therein, is herein called the "Preliminary Official Statement"). Within seven business days of the acceptance hereof by the County, the County shall deliver to the Underwriter, at the County's expense, such reasonable number of conformed copies of the Official Statement (which, together with the cover page, inside cover and appendices contained therein, is herein called the "Official Statement"), as the Underwriter shall reasonably request which shall be sufficient in number to permit the Underwriter to comply with paragraph (b)(4) of Rule 15c2-12 of the Securities and Exchange Commission (the "SEC") under the Securities Exchange Act of 1934, as amended (the "Exchange Act of 1934") and with Rule G-32 and all other applicable rules of the Municipal Securities Rulemaking Board. The County, by its acceptance hereof, ratifies and approves the 3 Packet Pg. 918 Preliminary Official Statement as of its date and approves and authorizes the Underwriter to use the Official Statement and all documents described therein in connection with the public offering and the sale of the Series 2014 Bonds. The County agrees to make no amendments to the Official Statement without the prior written consent of the Underwriter, which consent shall not be unreasonably withheld. In addition, the County will undertake, pursuant to the Resolution and the Continuing Disclosure Certificate, to provide certain annual financial and operating information and notices of the occurrence of certain events, if material. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the Official Statement. In accordance with Section 218.385(6), Florida Statutes, the Underwriter hereby discloses the required information as provided in Exhibit B attached hereto. In accordance with Sections 218.385(2) and (3), Florida Statutes, the Underwriter have delivered to the County the Truth-in-Bonding statement, which statement is attached hereto as Exhibit C. SECTION 5. REPRESENTATIONS, WARRANTIES AND AGREEMENTS. The County hereby represents, warrants and agrees as follows: (a) As of the date of the Preliminary Official Statement and the date of this Bond Purchase Agreement, and as of the date of the Official Statement and at the time of Closing, the statements and information contained in the Preliminary Official Statement and Official Statement will be true, correct and complete in all material respects and the Preliminary Official Statement and Official Statement will not omit any statement or information which should be included therein for the purposes for which the Preliminary Official Statement and Official Statement are to be used or which is necessary to make the statements or information contained therein, in light of the circumstances under which they were made, not misleading (provided, however, that no representation or warranty is being provided with respect to DTC and its book- entry system of registration or any bond insurer or insurance policy). (b) Between the date of this Bond Purchase Agreement and the time of Closing, the County will not execute any bonds, notes or obligations for borrowed money, other than the Series 2014 Bonds, which pledge the Pledged Funds, without giving prior written notice thereof to the Underwriter. (c) The County is, and will be at the Closing Date, duly organized and validly existing as a municipal corporation and public body corporate and politic of the State of Florida, with the powers and authority set forth in the Act. (d) The County has full legal right, power and authority to: (i) enter into this Bond Purchase Agreement, the Registrar and Paying Agent Agreement and the Continuing Disclosure Certificate, (ii) adopt the Resolution, (iii) sell, issue and deliver the Series 2014 Bonds to the Underwriter under the Act as provided herein, (iv) execute the Official Statement, and (v) carry out and consummate the transactions contemplated by this Bond Purchase Agreement, the Resolution, the Registrar and Paying Agent Agreement, the Continuing Disclosure Certificate and the Official Statement, and the County has complied, and at the Closing will be in compliance, in all respects, with the terms of the Act and with the obligations on its part in connection with the issuance of the Series 2014 Bonds contained in the Resolution, the Series 4 Packet Pg. 919 2014 Bonds, the Registrar and Paying Agent Agreement, the Continuing Disclosure Certificate and this Bond Purchase Agreement. (e) By all necessary official action, the County has (i) duly adopted the Resolution (ii) duly authorized and approved the Preliminary Official Statement and the Official Statement, and (iii) duly authorized and approved the execution and delivery of, and the performance by the County of, the Series 2014 Bonds, this Bond Purchase Agreement, the Resolution, the Registrar and Paying Agent Agreement, the Continuing Disclosure Certificate and all other obligations on its part in connection with the issuance of the Series 2014 Bonds and the consummation by it of all other transactions contemplated by this Bond Purchase Agreement, the Registrar and Paying Agent Agreement, the Continuing Disclosure Certificate and the Official Statement in connection with the issuance of the Series 2014 Bonds; and upon delivery of the Series 2014 Bonds at the Closing, the Resolution, this Bond Purchase Agreement, the Registrar and Paying Agent Agreement, and Continuing Disclosure Certificate will constitute legal, valid and binding obligations of the County, enforceable in accordance with their respective terms, subject to applicable bankruptcy, insolvency and similar laws affecting creditors' rights generally and subject, as to enforceability, to general principles of equity. (f) When delivered to the Underwriter and paid for by the Underwriter at the Closing in accordance with the provisions of this Bond Purchase Agreement, the Series 2014 Bonds shall be entitled to the benefits of the Resolution, including a pledge of and lien upon the Pledged Funds in accordance with the provisions of the Resolution, subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights generally and subject, as to enforceability, to general principles of equity. (g) The adoption of the Resolution and the authorization, execution and delivery of this Bond Purchase Agreement, the Registrar and Paying Agent Agreement, the Continuing Disclosure Certificate and the Series 2014 Bonds, and compliance with the provisions hereof and thereof, will not conflict with or constitute a material breach of or default under any law, administrative regulation, consent decree, ordinance, resolution or any agreement or other instrument to which the County was or is subject, as the case may be, nor will such adoption, execution, delivery, authorization or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the County, or under the terms of any law, administrative regulation, ordinance, resolution or instrument, except as expressly provided by the Resolution. (h) At the time of Closing, the County will be in compliance in all respects with the covenants and agreements contained in the Resolution and no event of default and no event which, with the lapse of time or giving of notice, or both, would constitute an event of default under the Resolution will have occurred or be continuing. (i) Except as provided in the Official Statement, all approvals, consents, authorizations and orders of any governmental authority or agency having jurisdiction in any matter which would constitute a condition precedent to the performance by the County of its obligations hereunder and its obligations under the Resolution have been obtained and are in full force and effect. 5 Packet Pg. 920  (j) The County is lawfully empowered to pledge and grant a lien on the Pledged Funds for payment of the principal of, redemption premium, if any, and interest on the Series 2014 Bonds. (k) Except as expressly disclosed in the Official Statement, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency or public board or body pending or, to the best knowledge of the County, threatened against the County, affecting or seeking to prohibit, restrain or enjoin the sale, issuance or delivery of the Series 2014 Bonds or the collection, pledge of and lien on the Pledged Funds or contesting or affecting as to the County the validity or enforceability in any respect of the Series 2014 Bonds, the Resolution, the Registrar and Paying Agent Agreement, the Continuing Disclosure Certificate or this Bond Purchase Agreement, or contesting the tax-exempt status of interest on the Series 2014 Bonds, or contesting the completeness or accuracy of the Official Statement or any supplement or amendment thereto, or contesting the powers of the County or any authority for the issuance of the Series 2014 Bonds, the adoption of the Resolution, or the execution and delivery by the County of the Series 2014 Bonds, this Bond Purchase Agreement, the Registrar and Paying Agent Agreement, or the Continuing Disclosure Certificate. (l) The County will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter as the Underwriter may reasonably request in order to (i) qualify the Series 2014 Bonds for offer and sale under the "blue sky" or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriter may designate, and (ii) determine the eligibility of the Series 2014 Bonds for investment under the laws of such states and other jurisdictions, and will use its best efforts to continue such qualifications in effect so long as required for the distribution of the Series 2014 Bonds; provided, however, that the County shall not be required to execute a general or special consent to service of process or qualify to do business in connection with any such qualification or determination in any jurisdiction. (m) The County will not take or omit to take any action which action or omission will in any way cause the proceeds from the sale of the Series 2014 Bonds to be applied in a manner contrary to that provided for in the Resolution, and as described in the Official Statement. (n) The County neither is nor has been in default at any time after December 31, 1975, as to principal or interest with respect to an obligation issued or guaranteed by the County as to which County revenues are pledged or payable with respect thereto. (o) As of its date, the Preliminary Official Statement was deemed "final" by the County for the purposes of SEC Rule 15c2-12(b)(1) except for the omission of certain matters permitted thereby. (p) If, after the date of this Bond Purchase Agreement and until the earlier of (i) 90 days from the end of the "underwriting period" (as defined in SEC Rule 15c2-12) or (ii) the time when the Official Statement is available to any person from a nationally recognized repository, but in no case less than 25 days following the end of the underwriting period, any event shall occur which might or would cause the Official Statement, as then supplemented or amended, to contain any untrue statement of a material fact or to omit to state a material fact necessary to 6 Packet Pg. 921 make the statements therein, in the light of the circumstances under which they were made, not misleading, the County shall notify the Underwriter thereof and, if in the reasonable opinion of the Underwriter such event requires the preparation and publication of a supplement or amendment to the Official Statement, the County will at its own expense forthwith prepare and furnish to the Underwriter a sufficient number of copies of an amendment of or supplement to the Official Statement (in form and substance satisfactory to the Underwriter) which will supplement or amend the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances existing at such time, not misleading. (q) The County's financial statements for the year ended September 30, 2013 present fairly the financial position of the County as of the date indicated, said financial statements have been prepared in conformity with generally accepted accounting principles consistently applied and since September 30, 2013 there has been no material or adverse change in the financial position or results of operations of the County, nor has the County incurred any material liabilities other than in the ordinary course of business. (r) Any certificate signed by any official of the County and delivered to the Underwriter shall be deemed a representation and warranty by the County to the Underwriter as to the truth of the statements therein contained. (s) Except as expressly disclosed in the Official Statement, the County has never failed to comply with any prior continuing disclosure obligation arising out of SEC Rule 15c2- 12. (t) As of the date thereof, the Preliminary Official Statement did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they are made, not misleading. (u) At the time of the County's acceptance hereof and (unless the Official Statement is amended or supplemented pursuant to Section 4 of this Bond Purchase Agreement) at all times subsequent thereto during the period up to and including the Closing Date, the Official Statement does not and will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. (v) If the Official Statement is supplemented or amended pursuant to Section 4 of this Bond Purchase Agreement, at the time of each supplement or amendment thereto and (unless subsequently again supplemented or amended pursuant to such paragraph) at all times subsequent thereto during the period up to and including the Closing Date, the Official Statement as so supplemented or amended will not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which made, not misleading. 7 Packet Pg. 922  (w) The financial statements of, and other financial information regarding, the County, in the Official Statement fairly present the financial position and results of the County as of the dates and for the periods therein set forth. Prior to the Closing Date, there will be no adverse change of a material nature in such financial position, results of operations or condition, financial or otherwise, of the County. The County agrees that all representations, warranties and covenants made by it herein, and in certificates, agreements or other instruments delivered pursuant hereto or in connection herewith, shall be deemed to have been relied upon by the Underwriter, and that all representations, warranties and covenants made by the County herein and therein and all of the Underwriter’s rights hereunder and thereunder shall survive the delivery of the Bonds. SECTION 6. CLOSING. At noon, local time, __________, 2014 (the "Closing Date"), or at such time on such earlier or later date as shall be agreed upon, the County will, subject to the terms and conditions hereof, deliver to the Underwriter in care of DTC or its agent, the Series 2014 Bonds in permanent form, duly executed, and will deliver the other documents herein mentioned at a location mutually agreed upon by the County and the Underwriter; and the Underwriter will pay the purchase price of the Series 2014 Bonds as set forth in Section 1 hereof by immediately available funds, payable to the order of the County. This delivery and payment is herein called the "Closing." SECTION 7. CLOSING CONDITIONS. The Underwriter has entered into this Bond Purchase Agreement in reliance upon the representations and warranties of the County herein contained and the performance by the County of its obligations hereunder, both as of the date hereof and as of the time of Closing. The obligations of the Underwriter under this Bond Purchase Agreement are and shall be subject to each of the following conditions and the obligations of the County shall be subject to the County being paid the aggregate purchase price of the Series 2014 Bonds and the County receiving the items described in conditions (f) (ii), (f) (iv) and (f) (vi) through (f) (xi): (a) The representations and warranties of the County contained herein shall be true and correct as of the date hereof and as of the Closing Date, as if made on the Closing Date. (b) The County shall have performed all agreements of the County required to be performed under the Resolution and this Purchase Agreement prior to or on the Closing Date. (c) At the time of the Closing, the Resolution shall be in full force and effect in accordance with its terms and shall not have been amended, modified or supplemented, and the Official Statement shall not have been supplemented or amended, except in any such case as may have been agreed to by the Underwriter. (d) At the time of the Closing, all official action of the County relating to this Bond Purchase Agreement, the Resolution, the Registrar and Paying Agent Agreement, the Continuing Disclosure Certificate, the Official Statement and the Series 2014 Bonds shall be in full force and effect in accordance with their respective terms and shall not have been amended, modified or supplemented in any material respect, except in each case as may have been agreed to by the Underwriter. 8 Packet Pg. 923  (e) The Underwriter may terminate the Underwriter obligations hereunder by written notice to the County if, at any time subsequent to the date hereof and on or prior to the Closing Date: (i) legislation shall have been introduced in or enacted by the Congress of the United States or enacted by the State of Florida, or legislation pending in the Congress of the United States shall have been amended, or legislation shall have been recommended to the Congress of the United States or otherwise endorsed for passage (by notice or otherwise) by the President of the United States, the Treasury Department of the United States, the Internal Revenue Service or the Chairman or ranking minority member of the Committee on Finance of the United States Senate or the Committee on Ways and Means of the United States House of Representatives or legislation shall have been proposed for consideration by either such Committee, by the Staff of such Committee or by the staff of the Joint Committee on Taxation of the Congress of the United States, or legislation shall have been favorably reported for passage to either House of Congress of the United States by a Committee of such House to which such legislation has been referred for consideration, or a decision shall have been rendered by a court of the United States or the State of Florida, including the Tax Court of the United States, or a ruling shall have been made or a regulation shall have been proposed or a form of notice shall have been issued by the Treasury Department of the United States, or the Internal Revenue Service or other federal or State of Florida authority, with respect to Federal or State of Florida taxation upon interest on obligations of the general character of the Series 2014 Bonds, which (A) may have the purpose or effect, directly or indirectly, of affecting the tax status of the County, its property or income, its securities (including the Series 2014 Bonds) or the interest thereon, or any applicable tax exemption granted or authorized by the State of Florida and, (B) which in the reasonable opinion of the Underwriter, affects adversely the market for the Series 2014 Bonds, or the market price generally of obligations of the general character of the Series 2014 Bonds; (ii) (A) in the Underwriter's reasonable opinion, the market price of the Series 2014 Bonds is materially adversely affected because: (I) additional material restrictions not in force as of the effective date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national securities exchange; (II) the New York Stock Exchange or other national securities exchange, or any governmental authority, shall impose, as to the Series 2014 Bonds or similar obligations, any material restrictions not now in force, or increase materially those now in force; or (III) a general banking moratorium shall have been established by federal, New York or Florida authorities; or (B) there shall have occurred any material change, or any other event, or information becoming known, which in the Underwriter's reasonable opinion makes untrue in any material respect any statement or information contained in the Official Statement, or has the effect that the Official Statement contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading or materially adversely affects the marketability of the Series 2014 Bonds at the purchase price set forth in Section 1 herein; or (C) any litigation shall be instituted, pending or threatened to restrain or enjoin the issuance, sale or delivery of the Series 2014 Bonds or in any way contesting or affecting any authority for 9 Packet Pg. 924  or the validity of the Series 2014 Bonds, any of the proceedings of the County taken with respect to the issuance or sale thereof, the pledge or application of any moneys or securities provided for the payment of the Series 2014 Bonds or the existence or powers of the County; or (D) there shall have occurred any materially adverse change in the affairs or financial condition of the County; (iii) (A) in the Underwriter's reasonable opinion, and concurrence by the appropriate representatives of the County, the purchase price of the Series 2014 Bonds set forth in Section 1 herein is adversely affected because a war involving the United States of America shall have been declared, or (B) any other national or international calamity shall have occurred (economic or otherwise), or any conflict involving the armed forces of the United States of America shall have escalated to such magnitude as to materially affect the Underwriter' physical or technical ability to market the Series 2014 Bonds; (iv) a stop order, release, regulation, or no-action letter by or on behalf of the SEC or any other governmental agency having jurisdiction of the subject matter shall have been issued or made to the effect that the issuance, offering, or sale of the Series 2014 Bonds, including all the underlying obligations as contemplated hereby or by the Official Statement, or any document relating to the issuance, offering or sale of the Series 2014 Bonds is or would be in violation of any provision of the federal securities laws at the Closing Date, including the Securities Act of 1933, as amended (the "Securities Act"), the Exchange Act of 1934 and the Trust Indenture Act of 1939, as amended (the "Trust Indenture Act"); (v) legislation shall be enacted or be proposed or actively considered for enactment, or a decision by a court of the United States shall be rendered, or a ruling, or regulation, by or on behalf of the SEC or other governmental agency having jurisdiction of the subject matter shall be made, to the effect that the Series 2014 Bonds or any securities of the County, any obligations of the general character of the Series 2014 Bonds, and the Resolution, are not exempt from the registration, qualification or other requirements of the Securities Act, as then in effect or of the Trust Indenture Act, as then in effect, or otherwise, or would be in violation of any provision of the federal securities laws; (vi) any fact or event shall exist or have existed that, in the Underwriter’s judgment, requires or has required an amendment of or supplement to the Official Statement; (vii) there shall have occurred or any notice shall have been given of any intended review, downgrading, suspension, withdrawal, or negative change in credit watch status by any national rating service to any of the County's obligations; or (viii) there shall have occurred any materially adverse change in the affairs or financial condition of the County. (f) At or prior to the Closing Date, the Underwriter shall receive the following documents: 10 Packet Pg. 925  (i) The Resolution certified by the Clerk under seal as having been duly adopted by the County and as being in effect, with such supplements, modifications or amendments as may have been agreed to by the Underwriter. (ii) A final approving opinion of Nabors, Giblin & Nickerson, P.A., Bond Counsel, addressed to the County, dated the date of the Closing, in substantially the form included in the Official Statement as Appendix D. (iii) A letter of Bond Counsel addressed to the Underwriter, and dated the Closing Date, to the effect that their final approving opinion referred to in Section 7(f)(ii) hereof may be relied upon by the Underwriter to the same extent as if such opinion were addressed to the Underwriter. (iv) An opinion of Nabors, Giblin & Nickerson, P.A., County Attorney, addressed to the County, the Underwriter and any bond insurer, and dated the date of the Closing, substantially to the effect that: (A) the County is a duly organized and existing political subdivision of the State of Florida with authority to execute and deliver the Series 2014 Bonds, this Bond Purchase Agreement, the Continuing Disclosure Certificate, the Registrar and Paying Agent Agreement and the Official Statement (collectively, the "Financing Documents"); (B) the Resolution and all other resolutions relating to the execution and delivery of the Financing Documents have been duly adopted at meetings of the County duly called and held in accordance with law and at which quorums were present and acting throughout, and that the Resolution and all other resolutions relating to the execution and delivery of the Financing Documents remain in full force and effect and have not been amended in any respect; (C) the County has duly authorized, executed and delivered the Official Statement and authorized the distribution of the Official Statement and the use thereof by the Underwriter in connection with the public offering of the Series 2014 Bonds; (D) the Resolution has been duly adopted by the County and constitutes a binding and valid agreement of the County that is enforceable in accordance with its terms, except to the extent that the enforceability and binding effect of any of the provisions of the Resolution or of any rights pursuant thereto, are subject to applicable bankruptcy, insolvency, reorganization, moratorium, or other laws in effect from time to time affecting the rights of creditors generally, and except to the extent that the enforceability thereof may be limited by application of general principles of equity (regardless of whether such enforceability is sought in proceeding in equity or at law) and except to the extent that the enforceability of the indemnification provisions in the Financing Documents may be limited by federal or state law; 11 Packet Pg. 926  (E) to our knowledge, no provision of the Resolution results in or constitutes a default under any agreement, indenture or other instrument to which the County is a party or by which it may be bound; (F) the County's adoption of the Resolution is not subject to any authorization, consent, approval or review of any governmental body, public officer or regulatory authority required on the date of this opinion and not theretofore obtained or effected; (G) to our knowledge, the County has obtained all licenses, approvals and permits that are now required under federal, state and local laws to own and operate its water and wastewater facilities; (H) assuming proper execution and delivery, the Bond Purchase Agreement constitutes a valid and binding limited obligation of the County in accordance with its terms, except to the extent that the enforceability and binding effect of any of the provisions of the Bond Purchase Agreement or any rights pursuant thereto, are subject to applicable bankruptcy, insolvency, reorganization, moratorium, or other laws in effect from time to time affecting the rights of creditors generally, and except to the extent that the enforceability thereof may be limited by application of general principles of equity (regardless of whether such enforcement is sought in a proceeding in equity or at law) and except to the extent that enforceability of the indemnification provisions in the Bond Purchase Agreement may be limited by federal or state law; (I) the execution and delivery of the Financing Documents and the compliance with the provisions thereof under the circumstances contemplated thereby, do not and will not in any material respect constitute on the part of the County a breach of or default under any indenture, deed of trust, mortgage, agreement, or other instrument of which such counsel has knowledge and to which the County is a party, or, to such counsel's knowledge, do not materially conflict with, violate, or result in a breach of any existing law, public administrative rule or regulation, judgment, court order or consent decree to which the County is subject; (J) the information and statements relating to the County contained in the Official Statement under the captions entitled "INTRODUCTION," "PURPOSE OF THE SERIES 2014 BONDS," "THE PROJECT" and "LEGAL MATTERS -- Litigation" (except as to statistical and financial information as to which no opinion is expressed) are true, correct and complete in all material respects; (K) without undertaking to investigate or determine independently the accuracy or completeness or to verify the information furnished with respect to matters described in the Official Statement, except as provided in paragraph (J) above, but on the basis of only our information gained in the ordinary course of our representation of the County, nothing has come to our attention that would 12 Packet Pg. 927  lead us to believe that the Official Statement when read in conjunction with Appendix C -- Form of Resolution thereto (except for the financial and statistical data and the statements related thereto and the information contained under the caption "TAX MATTERS RELATED TO THE SERIES 2014 BONDS," as to which no opinion is expressed) contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; and (L) except as disclosed in the Official Statement, there is no action, suit or proceeding, at law or in equity before or by any court, or, to our knowledge, any governmental investigation pending or threatened against the County (a) challenging the validity of the Financing Documents or the transactions described thereby, or (b) the collection of revenues pledged under the Resolution, or (c) challenging the accuracy or completeness of the Official Statement or the validity of the transactions described therein, or (d) challenging the existence or powers of the County or the titles of its officers to their respective offices, or (e) which, if determined adversely to the County or its interests, would have a material adverse effect upon the consummation of the transactions described in, or the validity of, the Financing Documents, or upon the financial condition, assets, properties or operations of the County. (v) A certificate, which shall be true and correct at the time of Closing, signed by the Chairman of the Board of County Commissioners of the County and the County Administrator or such other officials satisfactory to the Underwriter, and in form and substance satisfactory to the Underwriter, to the effect that, to the best of their knowledge and belief: (A) the representations, warranties and covenants of the County contained herein are true and correct in all material respects as of the Closing Date and that the County has satisfied all conditions to be performed or satisfied hereunder at or prior to Closing; (B) the Official Statement did not as of its date, and does not as of the Closing Date, contain any untrue statement of a material fact or omit to state a material fact which should be included therein for the purposes for which the Official Statement is to be used, or which is necessary in order to make the statements contained therein, in light of the circumstances in which they were made, not misleading (provided, that no opinion need be expressed regarding the information contained therein relating to any bond insurer or bond insurance policy, or DTC and its book-entry only system); (C) that, except as disclosed in the Official Statement, no litigation or other proceedings are pending or, to his or her knowledge, threatened against the County in any court or other tribunal of competent jurisdiction, State or federal, in any way (I) restraining or enjoining the issuance, sale or delivery of any of the Series 2014 Bonds, or (II) questioning or affecting the validity of this Bond 13 Packet Pg. 928  Purchase Agreement, the Series 2014 Bonds, the Resolution, the Registrar and Paying Agent Agreement, the Continuing Disclosure Certificate or the pledge by the County of the Pledged Funds, or (III) questioning or affecting the validity of any of the proceedings for the authorization, sale, execution, issuance or delivery of the Series 2014 Bonds or (IV) questioning or affecting (1) the organization or existence of the County or the title to office of the officers thereof, or (2) the power or authority of the County to collect the Pledged Funds or (V) asserting that the Preliminary Official Statement or the Official Statement contains any untrue statement of a material fact or omits any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; (D) that except as disclosed in the Official Statement, the County is not in default nor has been in default at any time after December 31, 1975 as to the payment of principal or interest with respect to any obligation issued or guaranteed by the County as to which County revenues are pledged or payable with respect thereto; (E) that no event affecting the County has occurred since the date of the Official Statement that should be disclosed in the Official Statement for the purposes for which it is to be used or that is necessary to be disclosed therein in order to make the statements and information therein not misleading in any material respect; and (F) that since the date of the financial statements included in the Official Statement, (I) no material adverse change has occurred in the financial condition of the County and (II) the County has not incurred any material liabilities other than in the ordinary course of business, except as set forth in or contemplated by the Official Statement. (vi) An opinion of Nabors, Giblin & Nickerson, P.A. as Bond Counsel, addressed to the County and the Underwriter, and dated the Closing Date, to the effect that: (A) with respect to the information in the Official Statement and based upon said firm's review of the Official Statement, as Bond Counsel, and without having undertaken to determine independently the accuracy or completeness of the contents of the Official Statement, it is of the opinion that the information in the Official Statement under the headings "INTRODUCTION," "PURPOSE OF THE SERIES 2014 BONDS," "DESCRIPTION OF THE SERIES 2014 BONDS," (other than the information under the subheading "Book-Entry Only System," as to which no opinion need be expressed), "SOURCES OF AND SECURITY FOR PAYMENT OF THE SERIES 2014 BONDS," and "TAX MATTERS RELATED TO THE SERIES 2014 BONDS" (except for the financial and statistical data contained under any such headings, as to which no view need be expressed), insofar as such information purports to be descriptions or summaries of the Resolution, the Series 2014 Bonds or state and federal laws to 14 Packet Pg. 929  the extent indicated therein, are accurate and fair statements or summaries of the matters set forth or the documents referred to therein and "APPENDIX C - FORM OF RESOLUTION" is an accurate copy of material provisions of the Resolution; and (B) the Series 2014 Bonds are exempt from registration under the Securities Act and the Resolution is exempt from qualification as an indenture under the Trust Indenture Act. (vii) An opinion of Nabors, Giblin & Nickerson, P.A., as Disclosure Counsel, addressed to the County, and dated the Closing Date, substantially to the effect that (1) the Series 2014 Bonds are not subject to the registration requirements of the Securities Act of 1933 and (2) based upon their participation and their review of the Official Statement as Disclosure Counsel and without having undertaken to determine independently the accuracy, completeness or fairness of the statements contained in the Official Statement, nothing has come to their attention causing them to believe that the Official Statement contains any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading (except for the financial and statistical information contained in the Official Statement and the information related to any bond insurer or bond insurance policy, DTC or its book-entry only system, as to all of which no view need be expressed). (viii) Certificates of an authorized representative of the Registrar and Paying Agent in form and substance acceptable to the Underwriter, the County and Bond Counsel. (ix) Letters of Standard & Poor's Rating Group ("S&P") and Fitch Ratings to the effect that the Series 2014 Bonds have been assigned an underlying rating no less favorable than "_____" (______ outlook) and "_____" (______ outlook) respectively. (x) Duly executed copies of the Registrar and Paying Agent Agreement and the Continuing Disclosure Certificate in form acceptable to the Underwriter and Bond Counsel. (xi) A blanket letter of representations of the County to DTC. (xii) Internal Revenue Service Form 8038-G. (xiii) State of Florida Division of Bond Finance Form BF2003/2004-B. (xiv) A certificate from the County's financial advisor to the effect that all of the parameters (as defined in the Resolution) set forth in Section ____ of Resolution No. ____ have been satisfied. (xv) The parity certification required by the Resolution. 15 Packet Pg. 930  (xvi) Such additional legal opinions, certificates, instruments and other documents as the Underwriter may reasonably request, to evidence the truth and accuracy, as of the date hereof and as of the Closing Date, of the County's representations and warranties contained herein and of the statements and information contained in the Official Statement and the due performance or satisfaction by the County on or prior to the Closing Date of all the agreements then to be performed and conditions then to be satisfied by it. If the County shall be unable to satisfy the conditions to the obligations of the Underwriter to accept delivery of the Series 2014 Bonds and the Underwriter to purchase and to pay for the Series 2014 Bonds contained in this Bond Purchase Agreement and the Underwriter does not waive such inability in writing (except that the delivery of the Continuing Disclosure Certificate cannot be waived), or if the obligations of the Underwriter to accept delivery of the Series 2014 Bonds and the Underwriter to purchase and to pay for the Series 2014 Bonds shall be terminated for any reason permitted by this Bond Purchase Agreement, or if the Series 2014 Bonds are not issued and delivered by the County by the Closing Date, this Bond Purchase Agreement shall terminate, the good faith deposit described in Section 2 hereof shall be returned to the Underwriter and neither the Underwriter nor the County shall be under any further obligation hereunder, except that the respective obligations of the County and the Underwriter set forth in Section 8 hereof shall continue in full force and effect. SECTION 8. EXPENSES. The Underwriter shall be under no obligation to pay, and the County shall pay, any expense incident to the performance of the County's obligations hereunder including, but not limited to: (a) the cost of preparation, printing and delivery of the Resolution; (b) the cost of preparation and printing of the Series 2014 Bonds; (c) the fees and expenses of Bond Counsel, Disclosure Counsel and the County Attorney; (d) the fees and disbursements of the County's certified public accountants; (e) the fees and expenses of First Southwest Company, the County's financial advisor; (f) fees for bond ratings; (h) the fees and expenses of the Registrar and Paying Agent; and (i) the costs of preparing, printing and delivering the Preliminary Official Statement and the Official Statement and any supplements or amendments thereto. The Underwriter shall pay: (a) the cost of printing and delivery of this Bond Purchase Agreement; (b) the cost of all "Blue Sky" and legal investment memoranda and related filing fees; (c) all advertising expenses, and (d) all other expenses incurred by it in connection with the public offering of the Series 2014 Bonds. In the event that either party shall have paid obligations of the other as set forth in this Section 8, adjustment shall be made at the time of the Closing. The County shall also pay for any expenses (included in the expense component of the Underwriter’s discount) incurred by the Underwriter which are incidental to implementing this Bond Purchase Agreement and the issuance of the Bonds, including, but not limited to, meals, transportation and lodging, if any, and any other miscellaneous closing costs. The Issuer acknowledges that it has had an opportunity, in consultation with such advisors as it may deem appropriate, if any, to evaluate and consider the fees and expenses being incurred as part of the issuance of the Bonds. 16 Packet Pg. 931  SECTION 9. NOTICES. Any notice or other communication to be given to you under this Bond Purchase Agreement may be given by mailing the same to the attention of the County Administrator, at the address set forth on the first page hereof, and any such notice or other communication to be given to the Underwriter may be mailed to RBC Capital Markets, LLC, 1650 Prudential Drive, Suite 101, Jacksonville, Florida 32207, Attention: Mitchell N. Owens. SECTION 10. PARTIES IN INTEREST. This Bond Purchase Agreement is made solely for the benefit of the County and the Underwriter and no other party or person shall acquire or have any right hereunder or by virtue hereof. All of the County's representations, warranties and agreements in this Bond Purchase Agreement shall remain operative and in full force and effect and shall survive the delivery of the Series 2014 Bonds for a period of five (5) years. SECTION 11. WAIVER. Notwithstanding any provision herein to the contrary, the performance of any and all obligations of the County hereunder and the performance of any and all conditions contained herein for the benefit of the Underwriter may be waived by the Underwriter, and the approval of the Underwriter when required hereunder or the determination of their satisfaction as to any document referred to herein shall be evidenced by the purchase of the Series 2014 Bonds; provided, however, the Underwriter may not waive the delivery of the Continuing Disclosure Certificate. SECTION 12. NO LIABILITY. Neither the Board of County Commissioners nor any of the members thereof, nor any officer, agent or employee thereof, shall be charged personally by the Underwriter with any liability, or held liable to the Underwriter under any term or provision of this Bond Purchase Agreement because of its execution or attempted execution, or because of any breach or attempted or alleged breach thereof. SECTION 13. GOVERNING LAW. This Bond Purchase Agreement, and the terms and conditions herein, shall constitute the full and complete agreement between the County and the Underwriter with respect to the purchase and sale of the Series 2014 Bonds. This Bond Purchase Agreement shall be governed by and construed in accordance with the laws of the State of Florida. SECTION 14. OPERATION OF WARRANTIES, ETC. All the representations, warranties, covenants and agreements of the County in this Bond Purchase Agreement shall remain operative and in full force and effect as if made on the date hereof and the Closing Date, regardless of (i) any investigation made by or on behalf of the Underwriter or its counsel, or (ii) delivery of and any payment for the Series 2014 Bonds hereunder. SECTION 15. SECTION HEADINGS. Section headings have been inserted in this Bond Purchase Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Bond Purchase Agreement and will not be used in the interpretation of any provisions of this Bond Purchase Agreement. SECTION 16. SEVERABILITY. If any provision of this Bond Purchase Agreement shall be held or deemed to be, or shall in fact be, invalid, inoperative or 17 Packet Pg. 932 unenforceable as applied in any particular case in any jurisdiction or jurisdictions, or in all jurisdictions because it conflicts with any provisions of any constitution, statute, or rule of public policy, or for any other reasons, such circumstances shall not have the effect of rendering the provision in question invalid, inoperative or unenforceable in any other case or circumstances, or of rendering any other provision or provisions of this Bond Purchase Agreement invalid, inoperative or unenforceable to any extent whatever. SECTION 17. EXECUTION OF COUNTERPARTS. This Bond Purchase Agreement may be executed in any number of counterparts, all of which taken together shall be one and the same instrument, and any parties hereto may execute this Bond Purchase Agreement by signing any such counterpart. The execution of this Bond Purchase Agreement has been duly authorized by the Board of County Commissioners. SECTION 18. EFFECTIVENESS. This Bond Purchase Agreement shall become effective upon the execution by the appropriate County officials of the acceptance hereof by the County and shall be valid and enforceable at the time of such acceptance. Very truly yours, RBC CAPITAL MARKETS, LLC, as Underwriter, on behalf of itself and Crews & Associates, Inc. By: Mitchell N. Owens, Managing Director Accepted at ____ __.m. Eastern time this ____ day of November, 2014 on behalf of the Board of County Commissioners of Okaloosa County, Florida by the County Administrator By: Okaloosa County Administrator 18 Packet Pg. 933  EXHIBIT A MATURITY SCHEDULE $________ OKALOOSA COUNTY, FLORIDA Sales Tax Revenue Bonds, Series 2014 Maturity Interest (October 1) Amount Rate Yield 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Redemption of the Series 2014 Bonds The Series 2014 Bonds are subject to redemption prior to the stated maturities thereof as follows: The Series 2014 Bonds maturing on or prior to October 1, 20___ shall not be subject to optional redemption prior to their respective dates of maturity. The Series 2014Bonds slated to mature on October 1, 2034 and thereafter are subject to optional redemption at the option of the County in whole or in part at any time, on October 1, 20__, or on any date thereafter at a price of 100% of the principal amount to be redeemed, plus accrued interest to the date of redemption. A-1 Packet Pg. 934  EXHIBIT B DISCLOSURE STATEMENT Board of County Commissioners of Okaloosa County, Florida 302 Wilson Street, N. Crestview, Florida 32536 Re: $_______ Okaloosa County, Florida Sales Tax Revenue Bonds, Series 2014 Ladies and Gentlemen: In connection with the proposed issuance by Okaloosa County, Florida of the above- referenced Bonds (the "Series 2014 Bonds"), RBC Capital Markets, LLC, on behalf of itself and Crews & Associates, Inc. (the "Underwriter") is underwriting a public offering of the Series 2014 Bonds. The purpose of this letter is to furnish on behalf of the Underwriter, pursuant to the provisions of Section 218.385(6), Florida Statutes, certain information in respect of the arrangements contemplated for the underwriting of the Series 2014 Bonds as follows: (a) The nature and estimated amount of expenses to be incurred by the Underwriter in connection with the purchase and reoffering of the Series 2014 Bonds are set forth in Schedule I attached hereto. (b) No person has entered into an understanding with the Underwriter, or to the knowledge of the Underwriter, with the County, for any paid or promised compensation or valuable consideration, directly or indirectly, expressly or implied, to act solely as an intermediary between the County and the Underwriter or to exercise or attempt to exercise any influence to effect any transaction in the purchase of the Series 2014 Bonds. (c) The underwriting spread, the difference between the price at which the Series 2014 Bonds will be initially offered to the public by the Underwriter and the price to be paid to the County for the Series 2014 Bonds will be $____ per $_______ of Series 2014 Bonds issued. There is no management fee. No other fee, bonus or other compensation is estimated to be paid by the Underwriter in connection with the issuance of the Series 2014 Bonds to any person not regularly employed or retained by the Underwriter (including any "finder" as defined in Section 218.386(l)(a), Florida Statutes), except as specifically enumerated as expenses to be incurred by the Underwriter, as set forth in Paragraph (a) above. B-1 Packet Pg. 935  (e) The name and address of the Underwriter is set forth below: RBC Capital Markets, LLC 1650 Prudential Drive, Suite101 Jacksonville, Florida 32207 Crews & Associates, Inc. 606 Clay Street Montgomery, Alabama 36104 We understand that you do not require any further disclosure from the Underwriter, pursuant to Section 218.385(6), Florida Statutes. RBC CAPITAL MARKETS, LLC, as Underwriter, on behalf of itself and Crews & Associates, Inc. By: Mitchell N. Owens, Managing Director B-2 Packet Pg. 936  SCHEDULE I UNDERWRITER'S ESTIMATED EXPENSES (per $1,000) Amount CUSIP DTC Delcomp Day Loan Travel & Communication Total Expenses B-SCHEDULE I Packet Pg. 937  EXHIBIT C TRUTH-IN BONDING STATEMENT The following truth-in-bonding statement is prepared pursuant to Section 218.385(2) and (3), Florida Statutes, and is for informational purposes only. It shall not affect or control the actual terms and conditions of the debt or obligations. Okaloosa County, Florida (the "County") is proposing to issue $________ of Okaloosa County, Florida Sales Tax Revenue Bonds, Series 2014 (the "Series 2014 Bonds") for the principal purposes of (i) financing the costs of the acquisition and construction improvements to County facilities, including the Crestview courthouse, and (ii) paying certain costs of issuance incurred with respect to such Series 2014 Bonds. The Series 2014 Bonds are expected to be repaid over a period of approximately 20 years. At the interest rates set forth in Exhibit A of the Bond Purchase Agreement, total interest paid over the life of the Series 2014 Bonds will be $_________. The Series 2014 Bonds and the interest thereon will be payable solely from and secured by a pledge of and prior lien upon the Pledged Funds, as provided in Resolution No. 09-190 of the Board of County Commissioners of the County, adopted on November 17, 2009, as amended and supplemented and Resolution No. 14-____, adopted ___________, 2014, which consists primarily of the County's half-cent sales tax revenues. The issuance of such Series 2014 Bonds will result in an annual average amount of approximately $________ of half-cent sales tax revenues being unavailable for other uses of the County. RBC CAPITAL MARKETS, LLC, as Underwriter, on behalf of itself and Crews & Associates, Inc. By: Mitchell N. Owens, Managing Director C-1 Packet Pg. 938  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 4, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Information for Backyard Chicken Discussion and Direction DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners has expressed interest in allowing the keeping of chickens in residential areas. In order to allow such activity, it is necessary to amend various portions of the County Code to eliminate conflicts with such an activity. BACKGROUND: Numerous communities across the country, including cities and counties in Northwest Florida, have amended their land development codes and other regulations to allow the keeping of poultry as an accessory activity to residential use. Setbacks from property lines, separation requirements from inhabited buildings, the number of birds kept, and enclosure requirements are among the commonly regulated elements of raising chickens in residential areas. Some of the more common practices include: 1. Allowing chickens in rear and side yards only 2. Establishing property line setbacks, typically between 5 and 10 3. Establishing minimum distances from adjacent residential properties, typically between 20 and 30 feet 4. Establishing a maximum number of birds, 4 to 8 per residence is typical 5. Providing requirements for coops/hen houses, typically 2 - 4 square feet per bird 6. Ensuring that coops and outside enclosures are secure against predators 7. Ensuring that food containers and enclosures are secure against rodents and pests 8. Roosters are usually prohibited 9. Most ordinances reviewed do not allow the sale of eggs from chickens produced by backyard flocks, they are for the consumption of the owners of the chickens only It should also be noted that the Crestview livestock provisions attached hereto are a draft recently discussed but not voted on by the City Council. The minutes of the workshop are included as the issues raised may be applicable to County deliberations. While the issues associated with the keeping of poultry are addressed in various parts of the County Code, most particularly section 2.21.05.10 (keeping of livestock), section 9.02.03 (Community Noise Abatement), and 5-32.d (Animal Sheltering), none of these sections provides any of the types of standards that have been enacted by other communities specific to poultry. Therefore, if the Board of County Commissioners wishes to allow the keeping of "backyard flocks" for the production of eggs and possibly meat, staff recommends that the Code be Packet Pg. 939 amended to provide specific standards so that, in the event of complaints, the enforcing agencies have clear rules to enforce. Enforcement is an important consideration. The County's contract with the Panhandle Animal Welfare Society (PAWS) makes that agency responsible for enforcing "all applicable Okaloosa County ordinances and Florida statutes relating to animal control." If the County adopts specific standards for the housing of chickens, the impact on PAWS' workload, as well as potentially the Code Enforcement Division and the Sheriff's office, will need to be considered. This topic was brought before the Board at the August 19, 2014 BCC meeting with no action taken. At the request of a commissioner, staff has brought this agenda item back for further consideration. OPTIONS: The Board has three options: 1) it can direct staff to begin the drafting of regulations to allow the keeping of poultry in residential areas; 2) it can direct staff to conduct further research and bring back more refined recommendations; or 3) it can take no action. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners consider the information provided herein, and direct staff as to its intentions regarding allowing the keeping of chickens as accessory to residential uses. RECOMMENDED BY: APPROVED BY: John Hofstad, Interim County Administrator Packet Pg. 940 Discussion Draft of Crestview Livestock Regulation Changes (not yet adopted by City) Sec. 10-10 - Livestock. No person shall keep or permit to run at large in the city any livestock, with the following exceptions: a. Horses that are allowed as outline in City of Crestview Land Use Ordinance Article 102 section 129. b. Chickens being kept, harbored, raised or maintained as accessory to a residential, single family structure subject to the following restrictions: 1. No more than 4 chickens may be kept, with Roosters prohibited; 2. No person shall slaughter any chickens 3. The chickens shall be provided with a moveable covered enclosure (i.e. hen house/coop) and must be ept in the covered enclosure or a fenced enclosure at all times. Chickens must be secured within the moveable henhouse/coop druring non-daylight hours. 4.The space per bird in the henhouse/coop shall not be less than four (4) square feet per bird 5. No covered enclosure shall be located in the front yard, nor shall the henhouse/coop be closer than twenty (20) feet to any property line of an adjacent property, nor within thirty (30) of any adjacent residential structure. Odors from chickens, chicken manure, or other chicken related substances shall not be detectable at the property boundaries. 6. All enclosures for the keeping of chickens shall be so constructed and maintained as to prevent rodents or other pests from being harbored underneath, within, or within the walls of the enclosure. The henhouse/coop must be impermeable to rodents, wild birds and predators, including dogs and cats. Enclosures shall be kept in a neat condition, including provision of clean dry bedding materials and regular removal of waste materials. All manure not used for composting or fertilizing must be removed promptly. 7. All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with or with infected by rodents or other pests shall be kept in secure containers or otherwise protected as to prevent rodents and other pests from gaining access to or coming into contact with: 8. The sale of eggs or any other chicken products generated in the City of Crestview is prohibited. 9. No dog or cat that kills a chicken will, for that reason alone, be considered a dangerous or aggressive animal. Packet Pg. 941  Comparison of other Jurisdictions' Chicken Regulations Escambia City of Santa Rosa Walton Pinellas City of Manatee Crestview Model County Pensacola County County County Sarasota County Draft Ordinance How Allowed As accessory Accessory to County County Accessory to Accessory to As accessory As accessory As use to single residential use Code does Code does single family single-family on to accessory family not not homes in R residential residential residential to single residential specifically specifically 1,2,3,4,&6 use properties single family family dwellings address address zoning structure dwelling chickens; chickens; districts; not addresses addresses allowed with animals via animals via duplexes, nuisance nuisance triplexes, provisions provisions multi-family via as defined properties or disturbing in code mobile home the peace or (noise), manufactured noxious or home parks, offensive but are odors, or allowed in otherwise manufactured endanger home public subdivisions health and safety Minimum No, however None None None No - lot size None As None None Property Size lots 1/4 acre determined established or less may by zoning per have no residential more than 8 zoning chickens districts Maximum No, subject No more than None None 4 per 4 per 4 per 4 per 6 per Number of to above 1/4 8 per residence occupied residential residential residence residence Birds acre single family single family property restriction property structure Packet Pg. 942 Roosters Yes, if no No Yes if not Yes if not No No No No No allowed? less than behaving behaving as 100 yards as nuisance nuisance from any inhabited dwelling other than keeper of rooster Minimum Pens, coops, None None None Must be kept Coop or Coop and Coop must Not allowed Property Line enclosures in rear yard; enclosure enclosure be in rear or in front Setbacks must be at coop and must be (fenced area) side yard yards, a least 10 feet enclosure minimum of must be and must be minimum of from rear must be at 10 feet from located in at least 20 5 feet from and side least 10 feet rear or side rear yard a feet from side yards from side and property lines minimum of the property property year; corner (not allowed 10 feet from line and 30 lines, and lots excluded in front yard) the property feet from 18 inches from side line the nearest from rear setback; adjacent property enclosure residential lines must be structure screened from neighbors' view Minimum Pens, coops, Pen, coop, or None None None Coop or Coop and Coop must Cops or Setbacks to enclosures enclosure enclosure enclosure be at least cages must Adjacent must be at cannot be less must be (fenced area) 30 feet from be a Structures least 20 than 30 feet minimum of must be a the nearest minimum of feet from from any 25 feet from minimum of adjacent 25 feet adjacent adjacent adjacent 25 feet from residential from the lots' dwelling, residential adjacent structure windows or residential church, structures residential doors of dwellings hospital, dwellings any school, public dwelling or building, or occupied public park structure other than the chicken owners' Packet Pg. 943 Minimum Coop or Coop or None None Yes. Yes, must Yes. 4 square Yes. 4 Yes, 2 Housing enclosure enclosure must Minimum of 3 have a feet per square feet square feet Standards must prevent access square feet moveable chicken. per bird; per hen; prevent from per chicken coop with a Must be coop must well- access from predators; if with room to minimum of 4 predator be ventilated predators kept for sale, allow square feet proof and moveable and bottom of chickens to per bird; no constructed and secured predator coop must be a move, not minimum size to prevent against proof minimum of 18 taller than 6 for enclosure; pests from predators inches above feet above however, harboring and ground; floor natural grade; coop and within or constructed must permit accessible for enclosure underneath. to prevent droppings to cleaning. must both be access by fall into Coop must be constructed rodents, removable box; ventilated, to prevent wild birds, water and feed roofed, and rodents or and other kept outside predator pests from pests coop to proof If harboring including prevent greater than within or from contaminations 100 square underneath, underneath feet a and proof building against permit is predators and required wild birds (to (must meet prevent Florida transmittal of Building disease) Code) Run/Enclosure No Free range None None Yes. Must See above See setbacks Waste Requires Standards minimum allowed but be predator above. materials that coop standards; must be kept proof removed be chickens on owner's or including roof regularly, connected allowed to custodian's (fencing) kept in neat to outdoor roam fenced property and clean enclosure rear yard Free range is condition that is between not allowed fenced sunrise and against sunset predators Packet Pg. 944 Misc Escambia Allows sale According to Chickens No sale of No sale of Code does within city County must not eggs or other eggs or not address limits, does not staff, cause chicken other storage of address Walton is nuisances as products chicken feed, slaughter considering defined in generated products slaughter, developing County Code within city. generated sale of eggs, regulations within city relative to residential areas Packet Pg. 945  MINUTES Workshop May 12, 2014 5:00 p.m. The Workshop Meeting of the Crestview City Council was called to order at 5:00 PM. Members present were: President Shannon Hayes, Vice President Mickey Rytman, Joe Blocker and Thomas Gordon, Robyn Helt. Also present were Mayor David Cadle, City Clerk Elizabeth Roy, City Attorney J. Jerome Miller, department heads and members of the press. The data reflected within these proceedings constitutes an extrapolation of information elicited from notes, observations, and recordings. Comments reflected herein are sometime paraphrased, condensed and have been edited to reflect essential subject matter covered during the meeting. Background data of individual cases heard before the council are on file with the Clerk’s office. Parties interested in receiving a verbatim account of the proceedings are responsible for coordinating with the City Clerk Department pursuant to Crestview Policy 91-1, Duplication of Public records, Chapter 119 and 283, Florida Statutes and Attorney General Opinions in force at time of enactment of Policy 91-1. 1. Call to Order Meeting called to order by Mr. Hayes at 5:00 p.m. 2. Invocation & Pledge of Allegiance The invocation was led by Ms. Helt and the pledge by Mr. Rytman. 3. Discussion, Animal Control Changes Mr. Hayes stated that the workshop today is for the Animal Control Ordinance and for the Council to address the changes. Ms. Roy stated that the four areas of main concern seems to be chickens, number of animals, tethering and to some extent pot bellied pigs. Those four items were brought up most often in workshops. She would like to cover all four of those items and to see if Council can reach a consensus of where they would like to move from here. Ms. Roy then started with the issue of the chickens. She pointed on page six in Section 10-10 titled Livestock under “b” number two that “No person shall slaughter any chickens.” The purpose of that line was that people could not raise chickens for slaughter. Her proposal for changing that is to take out the line and replace it with “No person shall raise chickens expressly for slaughter.” The other items in that section should remain the same. Mr. Blocker inquired about the number of chickens that can be kept because the number is four but he was asked if it was at one time seven or if it could be changed to seven. Ms. Roy stated that the only seven pertains to the number of domesticated animals that one can own. Nobody has inquired about the number of chickens one can own. Packet Pg. 946 Discussion ensued relative to changing the number of allowable chickens. Ms. Helt stated that she has proposed including the chickens in the Animal Ordinance, she is not in favor of the limitation of four, this should depend upon the property size. She also feels that it is not the business of the City to prevent the slaughter of chickens if it is done responsibly and humanely. Ms. Helt feels that the City should not have a prohibition against the selling of eggs to ones neighbor. Ms. Roy stated that the selling of eggs is a Heath Department and a Food and Drug Administration issue not a City of Crestview issue. Ms. Helt expressed that she feels that the word moveable as it regards to a chicken enclosure needs to be clearly defined or omitted. Because what one may consider moveable maybe not what the City considers moveable. She does not want to impose rules and regulations where she does not think it necessary when it comes to those issues. Ms. Roy stated that with the selling of the eggs if the City allows people to sell eggs is the City held liable if those eggs make someone sick this would be a question she would have to pose with the Health Department. Mr. Gordon agrees with the other Council members on their view regards to owning chickens. Mr. Hayes stated that the chickens do not pose a problem until they become a nuisance. He would like the selling of eggs to be researched. Ms. Roy stated that the number of chickens one can own is really determined by the space that is provided for the chickens to live in. If a person has the adequate amount of space for a large number of chickens and they are not a nuisance to neighbors then it may be possible to have more than four chickens. Discussion ensued relative to the space for chickens. Ms. Roy suggested that with the selling of chicken products if there is no wording specifically against it but to say that the selling is only allowed if it is by state statute. Mr. Miller commented that he does not find a sponsor for a particular policy among the legislators. Ms. Roy is not the legislator. We can produce a sponsored draft ordinance for you to approve, and then convince your fellows that, that model ought to be passed. He feels that the Council is no further along today in this mediation approach to composing legislation than they were months ago with this and other issues. There have been subject matters opened today that have some foundations in other locations in the City Code. In 1941, when Fort Walton Beach was incorporated, the driving force was that Florida was an open range state. That was the way that people in an urban area could come together and gain the authority to regulate roaming livestock. Because in unincorporated areas in Florida every property was, in practice, zoned agriculture and for agriculture uses the livestock could roam anywhere they weren’t fenced out. There was no requirement that they be fenced in. In the City’s zoning code there are permitted 2 Workshop 05/12/14 Packet Pg. 947 uses, none of them can be used by its owners for agricultural purposes except for possibly two locations that are zoned for agriculture. There seems to be some sentiment to change that and permit agricultural uses in a broader portion of the City. This would be a zoning issue not an Animal Ordinance issue. Mr. Miller suggested to Council to have a draft ordinance generated by them, with Staff if you need that assistance, would be a starting point on that expressed philosophy. Ms. Roy explained the reason that the twenty foot from the property line is in this ordinance is because of the City’s Land Use Ordinance which prohibits any kind of animals, livestock within twenty feet of a property line. By having that in the Animal Ordinance keeps it in compliance with the Land Use Ordinance. Mr. Blocker commented that with other guidelines in place if a person meets that criteria then they should be able to keep as many chickens as they please. Ms. Roy continued to speak about the other changes in the ordinance in dealing with the number of animals a person is allowed to own. At current the ordinance states that one can own at least four adult dogs and four additional animals. The change would decrease the number of domesticated animals to seven. This does decrease the total by one but it increases the amount of actual dogs one can have. Ms. Helt suggested language related to nuisance stand and we should stay of a person’s business in regards to how many pets they have. Provided they have the space, the means and take good care of their dogs as long as the dogs are not a nuisance she does not like the limitation. Mr. Rytman asked if these changes being made to this ordinance was to clarify that P.A.W.S handles the Animal Control and not the City of Crestview. This is will give P.A.W.S a guideline to regulate the animals within the City limits and we as a Council should decide what a nuisance is. Ms. Roy states that this ordinance is not being changed to accommodate a contractor. The ordinance is being changed and taking the City Animal Control out of the ordinance and to put the City in compliance. Discussion ensued relative to the topic of number of dogs and animals being a nuisance. Mr. Gordon echoed the same sentiment of Ms. Helt of keeping government out of dictating to people how many dogs a person can own. Mr. Hayes stated that he does not have a problem with the number of dogs, cats, chickens one owns as long as they are not a nuisance. He feels that citizens may not have a problem with the number of animals, but whether or not they are a nuisance may be the issue. Ms. Roy informed Mr. Hayes that there are provisions for animal nuisance in the ordinance. 3 Workshop 05/12/14 Packet Pg. 948 Mr. Hayes stated that the consensus of the Council is to look more into what defines a nuisance. Ms. Roy points out that on the current ordinance and the revised ordinance the City is designated as a Bird Sanctuary. She could not found why or how the City got this designation but in researching this that any bird that is protected is protected by Federal and State statutes. There cannot be any gun fired, fireworks displayed or any action that may prove dangerous to birds. A person cannot remove a bird from a light pole, even if it causing problems, because of this designation. Ms. Roy suggested to get rid of the Bird Sanctuary designation. Mr. Miller stated that at this point it seems that there are two legislative perspectives. He recommends that the Council do separate ordinances to get some these issues resolved. One would be to remove the provision that imposes a restriction on the number of dogs and the other would be removing the Bird Sanctuary designation. Mr. Blocker commented that from his research he agrees to remove that designation from the ordinance. Ms. Roy addresses the issue of the pot bellied pigs because in the current ordinance chickens or pigs are not allowed. In the draft ordinance it was said that the pot bellied pig is considered a domesticated animal. Ms. Helt stated that she did not want to impose a regulation on someone where a regulation does not need to exist. Discussion ensued. Ms. Roy then reached the issue of tethering as it relates to the ordinance. This is not in the current ordinance at all. This change would disallowing tethering of dogs to solid posts except for limited times when there is someone in your yard. It has been brought forth from citizens who do not want people to be able to tether a dog to a tree or a dog house as a means of restraint. If a dog is on a chain it would need to be on a moveable line not a tether. Mr. Hayes addressed Mr. Miller in relating to the number of animals and bird sanctuary will that mean a change in the ordinance or how does the process work. Mr. Miller stated that he already suggested to the Clerk to bring these items back to the Council in separate ordinances. Because there is a variety of input they will need to come back as separate ordinances. Ms. Roy asked if there was a consensus from the Council on tethering. Mr. Hayes answered that he was for what is in this ordinance now. Mr. Miller asked if the issue of tethering was in the old ordinance. 4 Workshop 05/12/14 Packet Pg. 949 Ms. Roy answered that it was not in the old one but in the rewritten ordinance. Mr. Blocker asked for clarification of the meaning of the word property as it relates to tethering a dog. He also asked if it is P.A.W.S who determines the fees a person should pay or is a fee schedule that the City provides them to determine what a person should pay when they are in violation of the ordinance. Ms. Roy informed Mr. Blocker that the ordinance clearly stated that property is defined as one’s dwelling and not a vehicle. As far as the fees, those are set by P.A.W.S because they are the collector of the fees. Those fees are used to offset the City’s cost to P.A.W.S that is in the contract now. Mr. Gordon states that his issue is with the tethering of the dog in a back of a vehicle. He feels that it would be over regulating the freedom of our constituents and those traveling through this area. He thinks that it is inhumane to tie a dog up in the backyard but do we want to have a dog tied up in the back of a vehicle because it is the City policy. Mr. Rytman agrees with what Mr. Gordon stated on this issue. Ms. Helt does not feel that this is an issue that really needs to be addressed. Even on the tethering issue, she doesn’t understand where the Council stands on it. Right now there is no prohibition in the current code related to tethering. She wants to know if the Council is going for a prohibition against tethering or not to deal with tethering at all. Discussion ensued relative to tethering. Mr. Hayes states that it seems that the Council would agree to the tethering portion of the ordinance but not to the tethering to the vehicle and to leave that to the responsibility of the owner of the animal. Ms. Helt asked that if Mr. Hayes was agreeing to the tethering portion as written. Because there is no mention of a pulley system or alternatives to tethering a dog to a stationary object as discussed. Ms. Roy stated that the verbiage for that can be added. Ms. Helt commented that from what she read it the ordinance would seem to not allow any type of tethering. Ms. Roy stated that the only tethering not allowed is the tethering to a stationary object. Mr. Blocker addressed section 10-7 where it states that an owner cannot vaccinate their own animals. Ms. Roy stated that is correct because it is a state law. 5 Workshop 05/12/14 Packet Pg. 950 Mr. Blocker does not agree with that at all even if it is a state law. Mr. Hayes then asked Council for direction or a consensus to the ordinance. Mr. Blocker recommends to do away with the number of animals a person can own whether it be a chicken, cat, pig or dog because there is legislation in place that dictates what one can do or have on their property. Mr. Hayes commented that there was a consensus to remove the number of animals from the ordinance. Mr. Gordon stated that in regards to tethering, he feels that to have a dog tied to a stationary object is inhumane there has to be some source of opportunity for the Animal Control to come in and care for the animal if the owner is not doing so. In that instance he agrees that there needs to be a tethering policy. Mr. Rytman commented that his main concern was the abuse to animals he does like the pulley system idea and is for the tethering portion of the ordinance. Mr. Hayes informed the City Clerk that the majority of the Council is in agreement with the tethering portion of the ordinance. Brian Hughes, 705 Ashley Drive, Crestview FL, wanted to congratulate the Council for resisting the urge to legislate. Because it is so easy to be influenced to pass a law against something and sometimes we don’t think the laws all the way through. He then gave an example of why items need to be thought through. Penny Crock, 310 Springwood Circle, Crestview FL, stated that she has owned up to fourteen dachshunds in a small yard, top show dogs. I have introduced myself to every person and have given them my personal information. She does not think tethering is good but if a dog jumps out of a pick-up truck in front of her car she will try to miss the dog and may hit a person. She believes restraint makes sense. A person will either take care of their dog or they won’t but someone should be able to walk in when abuse is happening. April Meier, 198 North Main Street, Crestview FL, had a question with Section 10-5, item number two that deals with no domestic animals can trespass on school grounds. Which she discussed this issue at the other Workshop concerning the Animal Ordinance. Dozier the Therapy dog does go to the schools and Ms. Meier feels the issue needs to be addressed. She then addressed the section that deals with having a dog for the physically handicap but not dogs that are used for emotional therapy. Ms. Roy stated that the section does state that the dog must trespass but if it is invited to the school there is no issue. Ken, Crestview FL, stated that he vaccinates his animals that include horses, dogs, rabbits, chickens and other animals. There are many stores that sell the vaccinations and he did not see 6 Workshop 05/12/14 Packet Pg. 951 that it was against the law because to take the animals to the a Vet it would cost four times the amount than the pack that is sold in stores. Mr. Hayes instructed the Clerk to research to find a statute that regulates vaccinations. Ms. Roy answered that it is possible that a person has to have a vet certificate to get a license. Landrum B. Edwards, 587 East Brock Avenue, Crestview FL, stated that yesterday afternoon he had a wild turkey in his yard and then he received a call from his neighbor asking him to quiet his dog and when he did there was a possum in the tree. He asked who is going to come get the possum out of the tree in the middle of the night. Mr. Edwards stated that he owned seventeen dogs at one time and was certified from his Vet to perform vaccinations to his animals. Thomas Simms, 426 Mara Drive, Crestview FL, stated that his concern is with chickens because he lives in Countryview on a quarter acre lot. From his understanding the chickens can roam free during the day in the lot. If that is done he cannot let his dog out because the dog will chase the chickens. Would it be his responsibility to train his dog to what a chicken is? His dog chases anything that comes in the yard, so since he can’t tether him what does he do. Mr. Rytman stated that he would like to see the ADA compliance added to the ordinance. Discussion ensued. 4. Other items as deemed necessary by Council 5. Adjournment Meeting adjourned by Mr. Hayes at 6:05 p.m. _____________________________ __________________________ Elizabeth M. Roy Shannon Hayes City Clerk Council President Minutes approve this_____ day of , 2014. 7 Workshop 05/12/14 Packet Pg. 952