Okaloosa County BOCC — April 15, 2014

Agenda Okaloosa County Board of Commissioners Tuesday, April 15, 2014– 6:00 PM Water & Sewer Administration Building I. County Administrator's Update II. Commissioner's Minute III. Public Comments Related to Current Agenda IV. Public Hearing 1. [PW] Public Hearing to vacate a portion of Nutmeg Ave. - Page 6 2. [PW] Public Hearing to vacate a portion of 2nd Ave Port Dixie. – Page 22 V. Visitor 1. Request approval for Valerie McLaughlin to address the Board concerning the Annual Report for the Okaloosa County Commission on Status of Women. District: All. – Page 37 2. Sheriff Ashley requests opportunity to publicly thank Facilities Maintenance personnel for efforts to remodel his facility. – Page 41 3. Request approval of and authorize the Chairman to execute a Proclamation declaring May 3, 2014 as "Explosive Ordnance Disposal Day" in Okaloosa County. – Page 45 4. Request approval of and authorize the Chairman to execute a Proclamation establishing the Month of May, 2014 as "Blue Star Mothers of America Month", and approval to fly the Blue Star flag/banner on County flag poles annually during May. – Page 47 VI. Consent Agenda 1. [Airport] Request approval of Bob Sikes Airport Parking Lot Project - Birkshire Johnston, LLC Change Order No. 1 – Page 49 2. [Airport] Request approval of RFQ Selection Committee and Contract Extension - Page 57 3. [BCC] Request approval of Resolution by the Okaloosa County Board of County Commissioners supporting Bryan Desloge's efforts to serve in leadership at the National Association of Counties. – Page 62 Revised: 4/10/2014 11:41 AM Page 1 of 5 Regular Meeting (South) Agenda April 15, 2014 4. [BCC] Request approval of and authorize the Chairman to execute a Proclamation establishing the Month of April 2014 as "National County Government Month," highlighting Okaloosa County's commitment to providing Public Safety, Essential Services and a Quality of Life to its citizens. – Page 66 5. [CAO] Request approval of a Resolution submitted by Surety Land Title of Florida, LLC for an Okaloosa Island Leasehold Conversion. – Page 68 6. [CAO] Request approval of minutes for the March 4th & 18th 2014 BCC Regular Meeting, and the March 18th Executive Session. – Page 71 7. [HR] Request approval of amendments to the Kelly Services contract – Page 112 8. [IS] Request approval of payment of Gator Boring Task Order 2 Invoice – Page 118 9. [LIB] Request approval of an amendment to the executed Grant Agreement with the Florida Department of State, Division of Library and Information Services for a State Aid to Libraries Grant. – Page 123 10. [NON-BCC] Request approval of Sheriff's Teen Driver's Challenge reimbursement request. – Page 147 11. [PUR] Seeking Board approval to purchase one (1) heavy duty diesel truck with 20 cy dump body for Public Works - Solid Waste. – Page 169 12. [PUR] Purchasing seeks authorization from the Board to add #57 stone to the contract with Vulcan Materials. – Page 176 13. [PUR] Clarification of Contract Amount – Health Dept Modular Bldg – Page 178 14. [PUR] Purchase One (1) 2014 Diesel Truck Tractor (WS 27-14) – Page 180 15. [PUR] Purchase Three (3) 2014 Cab Chassis Truck with Service Body (WS 35-14) - Page 186 16. [PUR] Request Approval of AVCON Task Order #3 for McCallum Sweeney Site Certification – Page 194 17. [PW] Price Farm Plantation Subdivision eligible for permanent maintenance – Page 204 18. [PW] Request approval of a renewal application submitted by Surfside Beach Service for a Qualified Beach Vendor Certificate and QBV Beach Vehicle Permit for the calendar year 2014. District: 2 – Page 210 19. [PW] Request approval of a renewal application submitted by Emerald Coast Volleyball Club for a Qualified Beach Vendor Certificate for the calendar year 2014. District: 2 – Page 213 20. [PW] Request approval of the Board of a permanent waiver of fees for special events permits to non-profit and not-for-profit organizations. – Page 215 Okaloosa County Board of Commissioners Page 2 Printed 4/10/2014 Regular Meeting (South) Agenda April 15, 2014 21. [PW] Request approval of a Special Event Permit to utilize a county parking area at the Boardwalk on Okaloosa Island for a Car Show to be held May 1 - 4 , 2014, sponsored By Horizons Foundation. – Page 216 22. [PW] Request approval of a Special Event Permit for the Sandblast Volleyball Tournament, to be held on the beach behind The Boardwalk on Okaloosa Island on May 10, 2014 from 8:00 a.m. to 3:00 p.m. with set up at 6:00 a.m., sponsored by the Fort Walton Beach High School Leadership Class. – Page 221 23. [PW] Request approval of a renewal application submitted by Coastal Beach Service for a Qualified Beach Vendor Certificate and QBV Beach Vehicle Permit for the calendar year 2014. District: 2 – Page 224 24. [PW] Request approval and authorization for the Chairman to execute a Local Agency Program (LAP) Agreement with the Florida Department of Transportation and associated Resolution of Authorization for Design of the Antioch Road (CR 4) Sidewalk Improvements Project. – Page 227 VII. Department Business A. Ed Schroeder/Tourist Development 1. Request approval to issue a Request for Qualifications (RFQ) for the design and production of the 2014-2015 Visitors Guide and appoint a review committee. – Page 247 2. TDD is apprising the Board of the use of Last Minute Deals funding. – Page 249 3. Request approval of the name "Bayview Plaza" at the Emerald Coast Convention Center – Page 259 B. Jeff Littrell/Water & Sewer 1. Request to execute a "Cooperative Agreement" - REPI Phase 4 Agreement between OCWS and the Air Force. District: 1. – Page 260 2. Request approval to advertise and hold a public meeting to discuss and to vote on approval for OCWS to self perform construction of the East County Force Main and Repump Station Project. – Page 291 3. Request approval an emergency sole source purchase of a Trailer Mounted By-Pass Pump to be utilized at Post Office Lift Station and other lift stations in the long-term future. District: 5. – Page 298 Okaloosa County Board of Commissioners Page 3 Printed 4/10/2014 Regular Meeting (South) Agenda April 15, 2014 4. Request approval of and authorize the Chairman to execute Change Order #3 to Contract # C13-2026-WS with Layne Christensen Company, Inc. for Del Cerro II Well. District: 1 – Page 315 5. Request approval of and authorize the Chairman to execute Task Order 115 Revision 2 with Polyengineering for Professional Engineering Design and Construction Services for the Del Cerro II Well. District: 1. – Page 321 6. Request approval of and authorize the Chairman to execute a Contract Renewal and Change Order #2 to Contract # C12-1955-WS with Insituform Technologies for the rehabilitation of gravity sewer. District: All – Page 326 C. Sunil Harman/Airports 1. Request approval of: FDOT Supplemental Joint Participation Agreement; The Chairman's Signature; Foy Shaw Industrial Parkway Roadway Alignment; Purchase and Payment of 3.07 Acres; to solicit Request For Qualifications for Environmental Assessment, Roadway Design, Permitting and CPS; Review Committee – Page 338 D. John Hofstad/Public Works 1. Overlook at Chestnut Ridge subdivision and roadway improvements on East Chestnut Avenue – Page 428 2. Veterans Park Pedestrian Bridge - Purchase of material to rebuild wood bridge across Memorial Pond at Veterans Park on Okaloosa Island and additional materials for modification to the Phase 1 walking trail – Page 434 E. Donald Turner/Facility Maintenance 1. Request BCC approval of funding source for the DAG Design Services Contract for the Sheriff's New Shalimar Building. Dist: all – Page 438 F. Paul Lawson/Corrections 1. Request approval of, authorize the Chairman to execute, and approve submission of an on-line grant application to the U.S. Department of Justice for the FY 2014 State Criminal Alien Assistance Program – Page 441 VIII. Old Business 1. [CAO] Request consideration and staff direction concerning approval of Fiscal Year 2014 4th Quarter Calendars. District: All. – Page 467 Okaloosa County Board of Commissioners Page 4 Printed 4/10/2014 Regular Meeting (South) Agenda April 15, 2014 2. [NON-BCC] FL Dept. Of Health, Okaloosa requests Board consideration and approval of memorandum of agreements for emergency usage of Convention Center and Boardwalk. – Page 471 IX. 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. or Okaloosa County to provide the requested service. Okaloosa County Board of Commissioners Page 5 Printed 4/10/2014  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Vacate a portion of Nutmeg Ave in Niceville DEPARTMENT: Public Works BCC DISTRICT: 5 STATEMENT OF ISSUE: Stephen Kennedy, as agent on behalf of himself, Matthew Smith- Kennedy and Mark Williams and wife Kim, is petitioning the Board of County Commissioners to vacate a portion of Nutmeg Avenue right-of-way between Blocks 24 and 25 as platted Valparaiso Realty Company's Pine Crest Addition to Valparaiso, Fl. Sheet No. 9, Subdivision No.'s 5 & 6. BACKGROUND: Mr. Stephen Kennedy is petitioning the Board of County Commissioners to vacate a portion of Nutmeg Avenue adjacent to property owned by him and the parties he represents. The vacation request is for the right-of-way adjacent to Lots 24, 25 and 26, Block 25 on the east side of the right-of-way and adjacent to Lots 1, 2 and 3, Block 24 on the west side of the right-of- way as platted Valparaiso Realty Company's Pine Crest Addition to Valparaiso, Fl. Sheet No. 9, Subdivision No.'s 5 & 6. The requested area for vacation lies south of 18th Street and north of Hickory Street measuring approximately 50' x 144.46'. All normal stipulations of vacated rights-of-way will remain in place. See attached photos for reference. OPTIONS: Approve/Disapprove the petitioners request to vacate right-of-way. RECOMMENDATIONS: Approve the right-of-way vacation as requested by Stephen Kennedy. RECOMMENDED BY: APPROVED BY: Packet Pg. 6 Ernie Padgett, County Administrator Packet Pg. 7 Packet Pg. 8 Packet Pg. 9 Packet Pg. 10  Stephen Kennedy’s Lot Matthew Smith- Kennedy’s Lot The portion of Nutmeg Ave requested for vacation Mark and Kim Williams Lot 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  RESOLUTION NO. 14 - ________ WHEREAS, Stephen L. Kennedy, as representative for Matthew S. Kennedy and Mark W. and Kum Sun Williams petitioned the Board of County Commissioners of Okaloosa County, Florida, to vacate a portion of Nutmeg Avenue in Niceville, Florida, particularly described as follows. That portion of the unimproved right-of-way platted as Nutmeg Avenue, bounded on the East by Lots 24, 25 & 26, Block 25 and bounded on the West by the East ½ of Lots 1, 2, & 3, Block 24, also bounded on the North by the South right-of-way line of 18th Street and bounded on the South by the North right-of-way line of Hickory Street according to the plat of Pine Crest Addition to Valparaiso, Sheet Number 9, Subdivision Numbers 5 and 6, as recorded in Plat Book 1, Page 56. and WHEREAS, the Board has considered the same and heard the proposal in detail. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Okaloosa County, Florida, that the petition of the above named party to vacate property hereby described is hereby granted as follows: 1. THAT the property herein described is hereby vacated and combined with contiguous property and shall not be further subdivided. 2. THAT the County reserves for itself, and any and all licensed utility companies, their successors and assigns a full width utility easement in the entire portion of the right-of-way vacated hereby for the purpose of locating and maintaining public utilities and for stormwater/drainage purposes. No structures other than stormwater/drainage improvements and fencing approved by the Board of County Commissioners shall be permitted. Removal of existing fences for utility construction is permitted and will be the sole responsibility of the landowner to reinstall after completion of utility installation. 3. THAT the vacated property shall not be used to increase density or intensity of the adjoining parcel. 4. THAT no structure shall be built on the vacated property except fences, sprinkler systems or other amenities as approved by the Board of County Commissioners. DULY PASSED AND ADOPTED in the regular session this 15th day of April, 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ Charles K. Windes, Jr. Chairman ATTEST: DON W. HOWARD CERK OF CIRCUIT COURT By:__________________________________ Deputy Clerk Packet Pg. 21  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Vacate a portion of 2nd Ave in Port Dixie DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: Steve Bennett, Bennett Farm and Land Investment, LTD Is petitioning the Board of County Commissioners to vacate a portion of 2nd Avenue right-of-way and a portion of the East-West alleyway through Block 2 of the Port Dixie Subdivision in the Shalimar area. BACKGROUND: Bennett Farm and Land Investment, LTD is petitioning the Board of County Commissioners to vacate a portion of 2nd Avenue and the alleyway adjacent to their property. The vacation request is for the right-of-way adjacent to Lots 19 through 23, Block 2, as platted Townsite of Port Dixie. The requested area for vacation along 2nd Avenue is 20' x 150'. The request area along the unopened alleyway is also 20' x 150', which is the entire width of the alley. Bennett Farm and Land Investment will receive the entire width of the requested vacated alleyway because they own the property adjacent to the alley requested to be vacated. All normal stipulations of vacated rights-of-way will remain in place. See attached photos for reference. OPTIONS: Approve/Disapprove the petitioners request to vacate said right-of-way. RECOMMENDATIONS: Approve the right-of-way vacation as requested by Steve Bennett, agent for Bennett Farm and Land Investment, LTD. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 22 Packet Pg. 23  Previously vacated R/W lying adjacent to Lots 15 thru 18, Blk. 2 Areas outlined in red are requested to be vacated Watree Construction Development Lots 15-18, Blk. 2 and vacated R/W Packet Pg. 24 Packet Pg. 25 Packet Pg. 26 Packet Pg. 27 Packet Pg. 28 Packet Pg. 29 Packet Pg. 30 Packet Pg. 31 Packet Pg. 32 Packet Pg. 33 Packet Pg. 34 Packet Pg. 35  RESOLUTION NO. 14 - ________ WHEREAS, Steven Bennett, Bennett Farm & Land Investment, LTD petitioned the Board of County Commissioners of Okaloosa County, Florida, to vacate a portion of 2nd Avenue and a portion of the alleyway in Block 2, in the Townsite of Port Dixie located in Shalimar, Florida, particularly described as follows. The South 20 feet of Second Avenue lying North of and adjacent to Lots 19, 20, 21, 22, and 23, Block 2, Townsite of Port Dixie according to plat recorded in Plat Book 1, Page 64, 65, and 66. Also That portion of the 20 feet wide alley running east and west through Block 2, bounded on the North by Lots 19, 20, 21, 22 and 23 and bounded on the South by Lots 6, 7, 8, 9 and 10, Block 2, Townsite of Port Dixie according to plat recorded in Plat Book 1, Page 64, 65 and 66. and WHEREAS, the Board has considered the same and heard the proposal in detail. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Okaloosa County, Florida, that the petition of the above named party to vacate property hereby described is hereby granted as follows: 1. THAT the property herein described is hereby vacated and combined with contiguous property and shall not be further subdivided. 2. THAT the County reserves for itself, and any and all licensed utility companies, their successors and assigns a full width utility easement in the entire portion of the right-of-way vacated hereby for the purpose of locating and maintaining public utilities and for stormwater/drainage purposes. No structures other than stormwater/drainage improvements and fencing approved by the Board of County Commissioners shall be permitted. Removal of existing fences for utility construction is permitted and will be the sole responsibility of the landowner to reinstall after completion of utility installation. 3. THAT the vacated property shall not be used to increase density or intensity of the adjoining parcel. 4. THAT no structure shall be built on the vacated property except fences, sprinkler systems or other amenities as approved by the Board of County Commissioners. DULY PASSED AND ADOPTED in the regular session this 15th day of April, 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ Charles K. Windes, Jr. Chairman ATTEST: DON W. HOWARD CERK OF CIRCUIT COURT By:__________________________________ Deputy Clerk Packet Pg. 36  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Valerie McLaughlin, Chairperson, Commission on Status of Women SUBJECT: Visitor - Commission on Status of Women Documents are attached related to the Okaloosa County Commission on the Status of Women. Packet Pg. 37 From: Valerie McLaughlin To: Roland Sims Subject: RE: OCCSW REQUEST TO GET ON AGENDA Date: Tuesday, March 18, 2014 12:35:19 PM Attachments: image004.png image006.png image008.png OCCSW annual report for 2013- draft 3.docx Dear Roland Sims: The Okaloosa County Commission on the Status of Women would like to be placed on the agenda for the April commissioner’s meeting in FWB. We would like to present the Commissioners with our 2013 report. I will be the person to present the report. I have attached the report to be placed in the Commissioner’s packages so they will know what the report is all about before I present it. Please let me know the date. Valerie McLaughlin, OCCSW 2014 Chair Valerie J. McLaughlin DEO JOBS & BENEFITS SUPERVISOR/HR LIAISON DEPARTMENT OF ECONOMIC OPPORTUNITY CAREERSOURCE OKALOOSA WALTON 409 NE RACETRACK ROAD FORT WALTON BEACH, FL 32547 vmclaughlin@careersourceow.com www.careersourceokaloosawalton.com (850) 833-7587 ext. 205 (850) 833-3924 fax This message may contain information that is Confidential or is “For Official Use Only” and is intended to be delivered only to the named addressee(s). If you have received this information in error, please immediately notify the sender and obtain instructions as to the disposal thereof. Under no circumstances shall this material be shared, retained or copied by anyone other than the named addressee. Packet Pg. 38  2013 Annual Report This report includes the activities and accomplishments of the Okaloosa County Commission on the Status of Women (OCCSW) for the year 2013. The OCCSW was established in 1995 by the Okaloosa County Board of County Commissioners with the purpose of recognizing and honoring women who have made significant contributions to the improvement of women and citizens of Okaloosa County. The Wall of Honor was established by the OCCSW in partnership with the University of West Florida to accept nominations from the public for women deserving recognition for the sacrifices made to help and encourage members in the community. In May 2013, a ceremony was held on the NW Florida State College/University of West Florida (NWFSC/UWF), Ft Walton Beach campus, for the Women’s Wall of Honor recipients. The 2013 Wall of Honor inductees were Michelle Anchors, Mary E. Burnette, Mary L. Florence, Martha Gorecki, Mary W. Hahn, Valene Healey Harris, Deborah L. Hewitt, Agnes V. “Ginger” Maddox, Tammy McDaniel, Louise Postell Meyers, Rachel Bartek Morrison, LuAnn Pulliam, Gwendolyn Shelton Slife and Gail Waller. Since 1997 144 women have been inducted. A plaque is hung on the wall with the honoree names, and a book with their bios and pictures is also maintained in that room. Each year the OCCSW organizes the Hall of Fame to provide an opportunity to recognize women from Okaloosa County who have made an important impact on women and citizens in the county. In August, in recognition of Women’s Equality Day, a ceremony was held at Northwest Florida State College (NWFSC) for all nominees. The 2013 Hall of Fame inductees were Mary E. Burnette, Rogene Anchors Hasty and Sara “Sam” Seevers. Since 1995, 84 women have been inducted. Their pictures are placed in the Okaloosa County Water and Sewer Building in Fort Walton Beach, the County Court House in Crestview, and the Niceville City Chambers with the inductees of previous years. Due to the amount and quality of publicity for women obtained through the OCCSW, the awareness of the accomplishments of the women of Okaloosa County has risen significantly over the past few years. More details about the honorees and the events can be viewed at our website www.occsw.org. The OCCSW also maintains a roster of members who are available to speak to clubs and/or organizations concerning the status of women and their needs in Okaloosa County, as well as other topics of interest to all county residents. Barbara Wall (OCCSW commissioner representing District 5) has also been a member of the Florida Commission on the Status of Women (FCSW) since her appointment by Governor Christ in 2010. She served as the FCSW’s secretary in 2012, and was elected to serve as its Vice Chair in 2013. The Okaloosa County Commission on the Status of Women receives no public funding; it relies instead on support from our community. Financial contributions from local businesses, organizations and individuals enable OCCSW to continue Packet Pg. 39 its support of women in Okaloosa County through various events and projects, including the Women’s Wall of Honor and Hall of Fame, and the new annual scholarship. Additionally, OCCSW members provide food, beverages, and paper products for all OCCSW’s annual events. Commission funds were used in 2013 to purchase honoree plaques, certificates, corsages, picture frames and scrapbooks; to maintain the website; to fund the scholarship; and to renew membership in the National Association of Commissions for Women. The Commission also makes annual contributions to Children in Crisis, Shelter House and the Children’s Advocacy Center. 2013 Highlights • County Commissioner Kelly Windes installed new officers in January 2013: Shirley Pigott, chair; Valerie McLaughlin, vice chair; Mary Blackwell, secretary; Amy McBride, treasurer, and Jeanne Rief, historian. • We began the year with $2,392.98 and ended in December with a balance of $687.17. • We sent a two-member delegation to represent OCCSW at the Florida Women’s Hall of Fame induction. • In recognition of Women’s History Month, we asked the Board of County Commissioners and each city in the county to sign a Proclamation to proclaim the Month of March as Women’s History Month, and we partnered with NWFSC for its 2013 Women’s History Month program featuring Anna Rodriguez of the Florida Coalition Against Human Trafficking. • We presented our 2012 Annual Report to the County Commissioners in April 2013. • We established an unendowed scholarship with the NWFSC Foundation, and presented our first $1,000 scholarship to Hadley Finn in July. • We established a donor sponsorship program and published it on the website (http://www.occsw.org/donate.htm). • Mary Burnette, the OCSW nominee to the Florida Women’s Hall of Fame, was shortlisted for the governor’s review. Although not selected for induction for 2013, FCSW will automatically resubmit her in 2014. • The Nominating Committee presented a slate of incoming officers for 2014: Valerie McLaughlin, chair; Amy McBride, vice chair; Mary Blackwell, secretary; Dawn Johnson, treasurer; and Jeanne Rief, historian. (They were installed in January 2014.) • The budget for 2014 was developed and approved. • The audit committee examined the OCCSW account to ensure funds were balanced, and the books were turned over to the incoming treasurer. • The OCCSW membership logged over 189 volunteer hours per month during 2013. So you see we had a very full and fun year. We are hopeful, with the support of the community and the Board of County Commissioners, that we can further our efforts to recognize the many women who have made – and continue to make – Okaloosa the great County it is today and to assist women to improve their status. Valerie McLaughlin OCCSW Chair Packet Pg. 40  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board SUBJECT: Visitor - Sheriff Ashley Sheriff Ashley requests opportunity to publicly thank Facilities Maintenance personnel for efforts to remodel his facility. Packet Pg. 41 From: Ernie Padgett To: Larry Ashley Cc: Rick Owen Subject: RE: List of names from Facility Maintenance Date: Monday, March 31, 2014 7:38:31 PM Attachments: image004.png image005.png Larry Thanks for your kind words about the employees. We will agenda for the next Comm. Mtging April 15 Ernie From: Larry Ashley [mailto:lrashley@sheriff-okaloosa.org] Sent: Monday, March 31, 2014 2:26 PM To: Neil Redmond Cc: Ernie Padgett; Donald L. Adams; John D. Peacock; Arnold Brown; Stanley B. Griggs; Angel DeJesus; Roy L. Parker; Debra Barrineau Subject: RE: List of names from Facility Maintenance Hi Neil, Thank you for getting these names to me. I just want to be prepared to recognize all of you in front of the BOCC for the work you have done in getting this place prepared for our employees to move in. I’ll be the first to say that I didn’t believe it could be done considering all the projects you guys were working on. We are impressed too with the quality of the work and mostly with the can do and cooperative attitude of your folks. You and your crew are another great example of what makes Okaloosa County such a great place to live, work, and play. I’ll speak with County Administrator, Ernie Padgett and see when the best time is to recognize all of you and present you with a token of our appreciation at a future BOCC meeting… Thanks and again and hoping all is well with you, LA Larry Ashley Larry R. Ashley, Sheriff Okaloosa County Sheriff's Office 1250 N. Eglin Parkway Shalimar, FL 32579 Office:   850-651-7410 Fax:         850-609-3048 E-mail:   sheriff@sheriff-okaloosa.org Packet Pg. 42 From: Neil Redmond [mailto:nredmond@co.okaloosa.fl.us] Sent: Monday, March 31, 2014 1:48 PM To: Larry Ashley Subject: List of names from Facility Maintenance Mr. Ashley Here is a list of names from Facility Maintenance that worked on the remodeling project at the administration building. Electrical/PLUMBING and HVAC STRUCTURAL ADMINISTRATIVE SUPPORT 1.       NEIL REDMOND 1. LARRY GODWIN 1. PAM BAGGETT 2.       ROBERT SAWYER 2. MARK SEYMOUR 2. SUE REDMOND 3.       STEVE STANLEY 3. SHAUN HARRINGTON 3. PATTI HANNAH 4.       RICKY HUGHES 4. TERRY WILSON 5.       DANNY GODWIN 5. MATT HUGHES 6.       RICKEY MERRITT 6.BOBBY SPENCE 7.       RON RICHARDS 8.       WILLIAM JAMES 9.       LEON FLEMING SINCERELY, NEIL REDMOND ELECTRICAL/PLUMBING SUPERVISOR FACILITY MAINTENANCE WORK # 689-5790 CELL # 830-1986 The Mission of the Okaloosa County Sheriff’s Office: “Ensuring fair and equal administration of the law, safeguarding civil liberties and preserving public safety; Doing so with professionalism and unity of purpose, while being good stewards of the public’s trust”. PLEASE NOTE: Packet Pg. 43 This email may contain Law Enforcement Sensitive or Privileged Information, which is intended only for use by the individual or entity to which the email is addressed. If you have received this email in error, please delete it immediately. E-mail communications to or from Okaloosa County Sheriff’s Office employees are considered public records and are available to the public and media upon request. Your e-mail communications with attachments, including your email address, are subject to public disclosure. Packet Pg. 44  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Visitor - Proclamation for Explosive Ordnance Disposal Day DEPARTMENT: County Administrator BCC DISTRICT: All BACKGROUND: The Explosive Ordnance Disposal (EOD) Memorial is located at the EOD School at Eglin Air Force Base and represents EOD personnel from all military branches who have given the ultimate sacrifice in service to our nation. The first Saturday of May each year is reserved for leaders of all military services, military members and families, community officials, and others to gather at the Memorial to pay honor to these service members. The date for the first Saturday this year is May 3, 2014. RECOMMENDATION: Staff recommends approval of Proclamation of "Explosive Ordnance Disposal Day" in Okaloosa County. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 45  P ROCLAMATION WHEREAS, Naval School Explosive Ordnance Disposal (NAVSCOLEOD) at Eglin Air Force Base is a community partner with Okaloosa County through various Military Affairs Committees and Chambers of Commerce; and WHEREAS, NAVSCOLEOD at Eglin Air Force Base in Okaloosa County is the home of the All-Services EOD Memorial; and WHEREAS, most military service members remembered on this EOD Memorial have received the Purple Heart decoration, and Okaloosa County is the first Purple Heart County in the State of Flor- ida; and WHEREAS, the men and women of all military services who perform the EOD mission very frequently risk their own lives for the protection of others; and WHEREAS, the first Saturday of May of each year is when leaders of all military services, military members and families, community officials, and others gather at the EOD Memorial to honor those who have given the ultimate sacrifice in service to our nation; and WHEREAS, on this Third Day of May in the Year of Two Thousand and Fourteen an addi- tional eight EOD heroes will be added to this EOD Memorial; and WHEREAS, Okaloosa County desires to honor the family members of these EOD heroes and the families of all of the two hundred and ninety eight service members previously named on the EOD Memorial; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Okaloosa County, Florida, that we do hereby proclaim the Third Day of May in the Year Two Thousand and Four- teen as EXPLOSIVE ORDNANCE DISPOSAL DAY DULY PASSED AND ADOPTED this 15th day of April, 2014. BOARD OF COMMISSIONERS OKALOOSA COUNTY, FLORIDA ATTEST: _________________________________ CHARLES K. WINDES, Jr. CHAIRMAN ___________________________ DON W. HOWARD CLERK OF CIRCUIT COURT Packet Pg. 46  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Kathy Newby SUBJECT: Blue Star Mothers Proclamation DEPARTMENT: County Administrator BCC DISTRICT: All [VISITOR] BACKGROUND: The Northwest Florida Chapter 7 of the Blue Star Mothers of America was established in Okaloosa County in 2009. In the month of May, the Blue Star Mothers flag flies on all County Buildings. The Blue Star Mothers of America was established by Congress to support the sons and daughters serving in the United States Armed Forces. Along with this Proclamation, request the Board approve flying the Blue Star flag/banner on County flag poles annually during the month of May. RECOMMENDATION: Board approval of Proclamation of "Blue Star Mothers of America Month" and flying Blue Star flag on County flagpoles. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 47  P ROCLAMATION WHEREAS, the Blue Star Mothers of America Inc. was founded as a patriotic service organiza- tion on February 2, 1942, to unite mothers who had sons or daughters serving in the United States Armed Forces; and WHEREAS, the nonpartisan, nonsectarian and nondiscriminatory nonprofit organization was chartered by the United States Congress in 1960; and WHEREAS, Northwest Florida Blue Star Mothers, Chapter 7, was established and chartered in January, 2009; and WHEREAS, persons eligible for membership in the organization include mothers and stepmoth- ers who have sons or daughters currently serving in the United States military or who are honorably dis- charged veterans. Other family members and friends of military personnel or veterans are eligible to be- come associate members of the organization, and fathers of military personnel or veterans may join the branch of the organization known as the Dad’s Association; and WHEREAS, the work of the Blue Star Mothers of America includes providing support for ac- tive duty service personnel and their families, promoting patriotism and assisting various veterans organi- zations such as Military Order of the Purple Heart; WHEREAS, Blue Star Mothers of America includes providing support for American Gold Star Mothers, who have lost a son or daughter on active duty and are recognized for their many sacrifices for the cause of liberty; WHEREAS, with members of the United States Reserve components having been called to ac- tive service around the world since 2001, the work of the Blue Star Mothers of America has become in- creasingly important, and the dedication, sacrifice and hard work of the devoted members of the Blue Star Mothers of America merits the recognition of all our citizens; and WHEREAS, it is fitting and appropriate that the Blue Star Mothers of America, Inc. be recog- nized for their invaluable contribution to our nation. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Okaloosa County, Florida, that we do hereby proclaim May 2014 as BLUE STAR MOTHERS OF AMERICA MONTH DULY PASSED AND ADOPTED this 15th day of April, 2014. BOARD OF COMMISSIONERS OKALOOSA COUNTY, FLORIDA ATTEST: _________________________________ CHARLES K. WINDES, JR. CHAIRMAN ___________________________ DON W. HOWARD CLERK OF CIRCUIT COURT Packet Pg. 48  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: [Airport] Bob Sikes Airport Parking Lot Project DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve Change Order No. 1 with Birkshire Johnston, LLC (Okaloosa County Contract Number C13- 2070-AP). BACKGROUND: This change order proposes to add 63 calendar days to the construction contract to align the construction schedule with the concurrent construction schedule of the privately funded Emerald Coast Aviation Terminal Development project. OPTIONS: Approve, Reject or Table RECOMMENDATIONS: Approve Change Order No. 1 with Birkshire Johnston, LLC to add 63 calendar days to the construction contract. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 49 Packet Pg. 50 Packet Pg. 51 Packet Pg. 52 Packet Pg. 53 Packet Pg. 54  Page 1 of 2 From: Hoshihara, Lynn [lhoshihara@ngn-tally.com] Sent: Monday, April 07, 2014 12:44 PM To: Lori Fox; Tracy Stage Cc: Sunil Harman; Wendy Cain; Stewart, Greg Subject: RE: Action Item 2692 was Reviewed : [Airport] Bob Sikes Airport Parking Lot Project Tracy, I have reviewed Change Order No.1 of the Birkshire Johnstone contract and find it acceptable as to form and legal sufficiency. Thank you, Lynn From: Lori Fox [mailto:lfox@co.okaloosa.fl.us] Sent: Monday, April 07, 2014 9:46 AM To: Hoshihara, Lynn; Tracy Stage Cc: Sunil Harman; Wendy Cain; Stewart, Greg Subject: RE: Action Item 2692 was Reviewed : [Airport] Bob Sikes Airport Parking Lot Project Good morning Lynn, Please find attached Change Order No. 1 as well as the email correspondence that accompanies Action Item 2692. Thank you, Lori A. Fox Okaloosa County Airports 1701 State Road 85 N Eglin AFB, FL 32542 (850) 651-7160 ext. 4 Northwest Florida Regional Airport (VPS) . Destin/Ft. Walton Beach Airport (DTS) . Bob Sikes Airport (CEW) Please consider the environment before printing this email. From: Hoshihara, Lynn [mailto:lhoshihara@ngn-tally.com] file:///C:/Users/rosims/AppData/Local/Temp/MinuteTraq/OkaloosaCountyFL@OkaloosaC... 4/10/2014 Packet Pg. 55  Page 2 of 2 Sent: Monday, April 07, 2014 8:40 AM To: Tracy Stage Cc: Sunil Harman; Lori Fox; Wendy Cain; Stewart, Greg Subject: RE: Action Item 2692 was Reviewed : [Airport] Bob Sikes Airport Parking Lot Project Tracy, Will you please send me the attachments referenced in your email below? We do not yet have access to IQM2, but hope to soon. Thank you, Lynn From: Tracy Stage [mailto:tstage@co.okaloosa.fl.us] Sent: Friday, April 04, 2014 1:43 PM To: Hoshihara, Lynn Cc: Sunil Harman; Lori Fox; Wendy Cain Subject: FW: Action Item 2692 was Reviewed : [Airport] Bob Sikes Airport Parking Lot Project Lynn, Request attached for subject agenda item. Thank you, Tracy From: Sunil Harman Sent: Friday, April 04, 2014 12:32 PM To: Roland Sims Cc: Tracy Stage; Lori Fox Subject: Action Item 2692 was Reviewed : [Airport] Bob Sikes Airport Parking Lot Project This Action Item has been Reviewed by Sunil Harman and now needs to be reviewed by: Roland Sims. Click here to Review online [Airport] Request approval of Bob Sikes Airport Parking Lot Project - Birkshire Johnston, LLC Change Order No. 1 ATTACHMENTS l Change Order No. 1 Birkshire Johnstone_W Hangar Parking_CEW l Email Correspondence for Change Order No. 1_West Hangar Area Parking_CEW INFORMATION Department: Airport Category: Approval Meeting: Apr 15, 2014 6:00 PM - Board of County Commissioners file:///C:/Users/rosims/AppData/Local/Temp/MinuteTraq/OkaloosaCountyFL@OkaloosaC... 4/10/2014 Packet Pg. 56  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Selection Committee Nominations and Contract Extension DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve selection recommendation committee members for Airport Management Consulting Services RFQ review. In addition, the Board is requested to approve an extension of the incumbent contractor, AMRI, Inc. From May 1, 2014 to September 30, 2014. BACKGROUND: AMRI's contract expires May 1, 2014; however, the Task Order for preparation and submission of Passenger Facility Charge (PFC) Application No. 6 needs additional time from its original estimated completion date. The PFC application process is governed by Federal Aviation Administration (FAA) regulations which require an extensive schedule including a public comment period, consultation with the airlines and the Orlando Airports District Office, before being sent to the regional office in Atlanta for review and approval. Each phase may take as much as thirty days (not all combined), so we currently estimate completion of the process in August. Further complicating the airline consultation requirement has been the recent merger of United/Continental, and the ongoing merger of American and U.S. Airways. This extension of AMRI's agreement will also facilitate the transition of the replacement consultant. Recommended selection recommendation committee members are: Gary Stanford (or designee), Clerks Office; Kimberly Kilpatrick, Water & Sewer; Bill Leaman, Convention Center; Clay Simmons, Public Works; and Jon Morris, Airports. Purchasing Department will facilitate the process. OPTIONS: Approve, disapprove, or Table RECOMMENDATIONS: The Airport Staff recommends approval of the contract extension and the selection recommendation committee membership. RECOMMENDED BY: Packet Pg. 57 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 58 Packet Pg. 59 Packet Pg. 60 Packet Pg. 61  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: [BCC] NaCo Representative Resolution DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests Board approval of resolution supporting Bryan Desloge's efforts to serve in leadership at the National Association of Counties. RECOMMENDATION: Staff recommends approval of resolution. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 62  RESOLUTION 14-___________ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA ENDORSING THE CONDIDACY OF BRYAN DESLOGE FOR THE OFFICE OF 2ND VICE PRESIDENT OF THE NATIONAL ASSOCIATION OF COUNTIES; MAKING VARIOUS FINDINGS; AND TO PROVIDE AN EFFECTIVE DATE WHEREAS, Florida is the 4th largest state in the nation representing more than 19 million people in 67 counties; and WHEREAS, the Florida Association of Counties helps counties effectively serve and represent Floridians by strengthening and preserving county home rule through advocacy, education and collaboration. For more than 80 years, the Florida Association of Counties (FAC) has represented the diverse interests of Florida’s counties, emphasizing the importance of protecting home rule – the concept that communities and their local leaders should make the decisions that impact their community; and WHEREAS, FAC is the only association representing Florida's counties – bringing together the collective experience and knowledge of 377 county commissioners and supported by thousands of county professional staff. FAC provides the cohesive platform that enables county officials and staff to speak with a unified voice on behalf of all Floridians. Through FAC, counties are better able to serve not only their communities, but the entire state of Florida; and WHEREAS, Leon County Commissioner Bryan Desloge has faithfully served on the Leon County Board of County Commissioners for seven years representing the citizens in District 4 as well as all of the citizens of Leon County. WHEREAS, Commissioner Desloge also currently serves as the President of the Florida Association of Counties and previously served as President-Elect, 1st Vice President, 2nd Vice President and a policy chairman of the Florida Association of Counties; and WHEREAS, Commissioner Desloge has also faithfully served on the National Association of Counties Board of Directors for two terms; and Packet Pg. 63  WHEREAS, the National Association of Counties (NACo) is the only national organization that represents county governments in the United States. Founded in 1935, NACo provides essential services to the nation’s 3,069 counties. NACo advances issues with a unified voice before the federal government, improves the public’s understanding of county government, assists counties in finding and sharing innovative solutions through education and research, and provides value-added services to save counties and taxpayers money; and WHEREAS, in August 2006, NACo was named one of nine remarkable associations in the United States after a four-year study conducted by the American Society of Association Executives and The Center for Association Leadership because of its commitment to members and purpose. WHEREAS, Commissioner Desloge is committed to bringing civility and unity back into public service to increase opportunities for taxpayers. His passion has led him to join with others in the creation and development of the Village Square and further encourages every county in Florida to endorse the candidacy of Commissioner Desloge but to also commit to attend the National Association of Counties Annual Conference in July 2014 so that all of Florida’s 67 counties can place their vote to elect Commissioner Desloge 2nd Vice President of the National Association of Counties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Board of County Commissioners of Okaloosa County, Florida do endorse and support the candidacy of Bryan Desloge, County Commissioner for Leon County, Florida for office of 2nd Vice President of the National Association of Counties at its Annual Conference to be held in July, 2014. Section 2. This Resolution shall be effective upon adoption. 2 Packet Pg. 64  DULY ADOPTED THIS 15th DAY OF APRIL, 2014. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA (SEAL) By:_____________________________ Charles K. Windes, Jr. Chairman ATTEST: By:_____________________________ Don Howard, Clerk 3 Packet Pg. 65  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Kathy Newby SUBJECT: April is National County Government Month DEPARTMENT: County Administrator BCC DISTRICT: All BACKGROUND: Since 1991, the National Association of Counties has encouraged counties across the country to actively promote their own programs and services to the public they serve. Furthermore and in response to, the National Association of Counties President Linda Langston’s current initiative: "Ready and Resilient Counties: Prepare. Respond. Thrive." Okaloosa County stands ready to respond to natural disasters, emergencies or any situation we face with economic recovery or public health and safety challenges. RECOMMENDATION: Staff recommends Board approve of Proclamation of "National County Government Month." RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 66  P ROCLAMATION WHEREAS, the nation’s 3,069 counties serving more than 300 million Americans provide es- sential services to create healthy, safe, vibrant and economically resilient communities, and WHEREAS, counties build infrastructure, maintain roads and bridges, provide healthcare, ad- minister justice, keep communities safe, run elections, manage solid waste, keep records and much more; and, WHEREAS, Okaloosa County and 20 departments from airports to water and sewer, take pride in their responsibility to public safety, essential services and a quality of life to its residents in sensible and cost-effective ways; and WHEREAS, through the National Association of Counties President Linda Langston’s initia- tive: Ready and Resilient Counties: Prepare. Respond. Thrive. Okaloosa County stands ready to respond to natural disasters, emergencies or any situation we face with economic recovery or public health and safety challenges; and, WHEREAS, each year since 1991, the National Association of Counties has encouraged coun- ties across the country to actively promote their own programs and services to the public they serve; and, WHEREAS, Okaloosa County seat is in Crestview, Florida, was created from portions of Santa Rosa and Walton counties and will celebrate its 100th year in 2015; and NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Okaloosa County, Florida, that we do hereby proclaim April 2014 as National County Government Month and en- courage all county officials, employees, schools and residents to participate in county government cele- bration activities. DULY PASSED AND ADOPTED this 15th day of April, 2014. BOARD OF COMMISSIONERS OKALOOSA COUNTY, FLORIDA ATTEST: _________________________________ CHARLES K. WINDES, JR. CHAIRMAN ___________________________ DON W. HOWARD CLERK OF CIRCUIT COURT Packet Pg. 67  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 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. 68 Surety Land Title of Florida, LLC 4100 S Ferdon Blvd - B3, Crestview, FL 32536 850-423-4613 office 850-423-0542 fax April 15, 2014 Ernie Padgett County Administrator Okaloosa County, Florida Re: Leasehold/Fee Simple Conversion Surety Land Title of Florida, LLC hereby presents for the Board’s consideration at the April 15, 2014 meeting of the County Commissioners a Resolution 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. 69  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); Beachmark Inn, Inc. Lot 185, Block 4, Santa Rosa Island, according to the plat thereof, recorded in Plat Book 2, Page(s) 84, of the Public Records of Okaloosa County, Florida. 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. 70  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Teresa Ward, BCC Deputy Clerk SUBJECT: Approval of BCC Regular Meetings & Executive Session Minutes The minutes for the March 4th & 18th 2014 Board of County Commission Regular Meeting, and the March 18th Executive Session are attached for review. Packet Pg. 71  March 4, 2014 Regular Meeting The regular Tuesday meeting of the Okaloosa County Board of County Commissioners was called to order at 6: 00 p.m. at the Okaloosa County Courthouse in Crestview. Members present were Charles K. Windes, Jr., Chairman; Nathan Boyles, Vice Chairman; Wayne Harris; Dave Parisot; and Don Amunds. Also present were Gary J. Stanford, Finance Director, Clerk's Office; Ernie Padgett, County Administrator; John Dowd, County Attorney; and representatives of the media. PUBLIC INFORMATION OFFICER UPDATES Mrs. Kathy Newby, Public Information Officer, opened her comments with a video promo for the Okaloosa Today program which airs on Cox Channel 6. Other highlights were: • Okaloosa County received a Recognition of Excellence in Worksi te Wellness Award from the State's Surgeon General and Secretary of Health John Armstrong. Special congratulations were extended to the Wellness Committee for this award. • Lifeguards will be on duty beginning this weekend (March 8) . • The county's website- details on winter storm stats, social media, new features (including bear sightings), and various ways to "connect" with Okaloosa County COUNTY ADMINISTRATOR'S UPDATE Mr. Padgett provided an update on the Department of Juvenile Justice (DJJ) issue. He pointed out that Okaloosa County overpaid DJJ more than $3 Million, adding that thirty counties in the state were also overcharged by DJJ. Mr. Padgett said he is hoping the Legislature will do the right thing about correcting this problem but we will have to wait until the end of the 60 - day session to see . He advised the latest information he has through the Florida Association of Counties ( FAC) is there are negotiations for the counties and DJJ to work out a 50/50 split on the cost of housing juvenile offenders but there is no discussion about refunding the money owed to the counties by the state. Mr. Padgett said he would like direction from the Board to connect with FAC and to communicate a message that Okaloosa March 4, 2014 -1- Minute Book 70, Page 263 Okaloosa County Board of County Commissioners Packet Pg. 72 County feels strongly the cost allocation should be discussed and that the money owed the county should be part of the discussion and negotiations. Mr . Parisot provided commentary on a history of the DJJ issue, saying he believes it is headed in the same direction as the Medicare matter. He said they want to put the county's share in a trust fund but not the state's share. Mr. Parisot opined the Legislature has a history of robbing trust funds. Mr. Amunds suggested Mr. Padgett draft a strong letter, provide each commissioner with a copy, and bring the letter back for consideration at the next meeting. Mr. Parisot recommended copies of the letter be sent to the county's legislative delegation. Mr. Windes stated the Legislative Session has already begun and asked if action should be taken before the next meeting. He also asked Mr. Padgett if he needs a motion. Mr. Padgett did not feel a motion was necessary and advised he will draft a letter for the commissioners' review. COMMISSIONER'S MINUTE Mr. Parisot said last fall there was discussion about issuing a Request for Qualifications (RFQ) for auditing services. He said he would like to see that topic placed on a future agenda for discussion. Mr. Boyles stated he has nothing this evening. Mr. Amunds said it is his understanding a discussion on the West Destin Beach Restoration MSBU will be on the next Board agenda. Mr. Padgett confirmed it will be on the March 18 agenda. Mr. Harris referred to the $3 - Million overpayment to the DJJ and said he feels the Board should take a stand. Upon inquiry by Mr . Harris, Mr. Stanford confirmed the county's total in unfunded mandates is $38 Million. Mr. Windes also stated he has nothing this evening. PUBLIC COMMENTS RELATING TO THE AGENDA Undersheriff Don Adams stated for the last six weeks the Sheriff's Office has been staffing the event permit by Relev ent on behalf of V S Pink for use of James Lee Park near the Crab Trap (Public Works Department item #1) He explained this is a March 4, 2014 - 2- Minute Book 70, Page 264 Okaloosa County Board of County Commissioners Packet Pg. 73 marketing event by a New York agency in conjunction with Pink and Victoria Secret. Undersheriff Adams reported the Sheriff's Office does not necessarily object to the permit request but expressed concern the event will be held during Spring Break which is a taxing time for responding to calls. He pointed out the month of March has historically been the busiest time of the year, exceeding the month of July by 20% to 25%. Undersheriff Adams asked the Board to consider approval of the permit contingent upon the requestors hiring off -duty deputies for additional security. The event is scheduled to run from noon until 5: 00 p.m. on March 13. He advised the cost for 14 man hours would be $348. Upon inquiry by Mr. Pari sot, Mr. Amunds stated it will be the vendor's responsibility to pay for the off-duty officers. Undersheriff Adams stated many Chamber of Commerce members take advantage of the off - duty services for their clientele. Mr. Amunds suggested for future events the Sheriff's Office make recommendations on additional security and projected costs for same. Undersheriff Adams pointed out this is the first event of this magnitude (projected attendance is 1,000 people). Mr. Clint Rogers, representing the Crab Trap, stated he will contact the Sheriff's Office for arrangements to hire off -duty officers for the event, adding that either the Crab Trap or Pink will pay for these services. VISITOR LINDA SUMBLIN, CAREERSOURCE OKALOOSA WALTON, REBRANDING OF WORKFORCE SYSTEM Mrs. Linda Sumblin, Executive Director of CareerSource Okaloosa Walton (formerly Workforce Development Board), thanked the Board for its support and provided updated information on their services. She explained there are 24 Workforce Boards throughout the state and each one has a different name. It has been difficult for citizens to know how to locate the service with this diversity. Mrs. Sumblin stated the Chairman of the CareerSource Board is Martha Miller with Coastal Bank and the program year is from July 1 through June 30. She announced that last year the program provided service to 32,955 walk-ins. Mrs. Sumblin noted they have also worked with 2, 789 employers in the county. She provided a short video at this time to explain why the Workforce Development Boards are being renamed to CareerSource. March 4, 2014 -3- Minute Book 70, Page 265 Okaloosa County Board of County Commissioners Packet Pg. 74 Mr. Harris stated he has worked with this organization for fifteen years and cannot think of a better way to use taxpayer dollars than providing jobs. He spoke highly of the leadership for the Workforce Development Board/CareerSource. Mr. Parisot encouraged individuals to donate work attire to the Career Closet. Mrs. Sumblin stated they do provide professional clothing at no charge for both women and men going on interviews . She said the Career Closet began as a partnership with the United Way. VISITOR - NATHAN SPARKS, ECONOMIC DEVELOPMENT COUNCIL, PHASE III OF GULF POWER INDUSTRIAL PARK CERTIFICATION PROGRAM Mr. Nathan Sparks, Executive Director of the Economic Development Council (EDC) , stated they have been working the last few months on the Gulf Power initiative for site certification which was introduced to the county last spring. (Please see Minutes of May 21, 2013 for Board discussion on participation in the Gulf Power Site Certification Program.) Mr. Sparks stated the site selected for the program was in and around the Bob Sikes Airport and Airpark. He said EDC has been working with not only the Airports Department but the Water & Sewer, Growth Management, and Public Works Departments. Mr. Sparks stated the information before the Board is the result of Phases I and II of the program. He provided a map of the chosen site which consists of 205 acres. Mr. Sparks advised there is a minimum requirement of 100 acres for a site to be considered for the program . He said the county has been invited to participate in Phase III. Mr. Sparks stated there are some significant costs associated with the 205 - acre site and said if the Board wants to continue, it may want to consider a smaller parcel. He stated they have identified 119 acres east of the airfield which includes property along Adora Teal Way . The following items were identified by Mr. Sparks for consideration: • The fastest growing trend in economic development is the demand for project - ready industrial site locations . • Companies are not willing to wait for a community to identify appropriate sites and determine suitability for development. March 4, 2014 - 4- Minute Book 70, Page 266 Okaloosa County Board of County Commissioners Packet Pg. 75  • Participation in the program does not guarantee success but does guarantee you will receive priority consideration and be more competitive. • In the real world, the majority of projects/ clients are driven by speed - to-market pressure. • After the certification process is completed, the site will be added to a national registry of properties identified as ready for development. • Gulf Power anticipates launching a specific marketing campaign for newly certified site. • Northwest Florida is ahead of the curve as South and Central Florida are in the beginning stages of developing a similar program through Duke Energy. Mr. Sparks told the Board that Jackson, Bay, Walton, Santa Rosa, and Escambia Counties have also been invited to participate in Phase III. He further reported Bay and Escambia Counties are going forward. Mr. Amunds stated the projected costs for Phase III are "all over the board" and asked if the county will have time to advertise for a Request for Proposals (RFP) to get a more refined cost. Mr . Sparks replied the range of costs have been from $80, 000 to $228, 000 and the only way to truly determine a final cost is to go forward with a competitive proposal process. He said at that point the Board could have additional discussion on the value of pursuing participation in Phase III. Mr. Sparks stated there is a compressed timeline with a deadline line of September 9, 2 014 for completion of the application to participate in Phase III. Mr. Harris remarked there is opportunity for a substantial return on investment. He asked Mr. Sparks what is the worst case scenario for not participating. Mr. Sparks responding the county would not have an opportunity to compete and would not get attention from Gulf Power on the First Sites Program. He added that he is leery of the message it will send to Enterprise Florida and to Gulf Power. Mr. Parisot made motion, seconded by Mr. Harris, for Mr. Sparks to work with county staff to prepare and issue a RFP for engineering related to Phase III of the Gulf Power site certification program and to task the County Administrator with identifying the potential funding source for those services. Mr. Boyles asked if this is the right direction-should EDC have March 4, 2014 -5- Minute Book 70, Page 267 Okaloosa County Board of County Commissioners Packet Pg. 76 a more active role or should the county handle the RFP. Mr. Sparks answered that it is county property and the county should be in charge of this process. He said the EDC will play a partnership role, adding the county knows the Purchasing policies better than he does. Mr. Parisot amended his motion to provide direction to county staff to prepare and issue the RFP and for the County Administrator to identify a funding source. Mr. Harris confirmed his second. 5 yeas. VISITOR NATHAN SPARKS, ECONOMIC DEVELOPMENT COUNCIL, ANNUAL REPORT FOR FISCAL YEAR 2013 Mr. Nathan Sparks, Executive Director of the Economic Development Council (EDC), stated in Fiscal Year 2013, Okaloosa County invested $120,933 in the EDC. This amount equates to 29% of the EDC's total operational budget. He listed a breakdown of how these funds were used: • 40% for existing industry retention and expansion • 20% for workforce development issues • 30% for strategic marketing/industry recruitment • 10% for defense support activities Upon inquiry by Mr. Amunds, Mr. Sparks stated he will work with county staff to have the EDC budget available on the county's website. Mr. Harris said he believes this is the first time the Board has been presented with such a comprehensive report on the use of these tax dollars. PROCLAMATION - RED CROSS MONTH Mr. Parisot made motion, seconded by Mr. Amunds, to approve a proclamation designating March as Red Cross Month . 5 yeas. CONSENT AGENDA APPROVAL Mr. Windes stated staff has pulled Item #6 (submit ted by the County Administrator's Office: Request for approval of Sheriff's Teen Driver's Challenge Budget and reimbursement request) . Mr. Boyles asked for Item #12 to be considered separately, advising he will be abstaining because his wife is employed by Emerald Coast Aviation. March 4, 2014 - 6- Minute Book 70, Page 268 Okaloosa County Board of County Commissioners Packet Pg. 77 Mr. Harris made motion, seconded by Mr. Parisot, to approve Items #1 through #5, #7 through #11, and #13 through #16: 1. Corrections: Amendment #1 with Securus Technologies relating to inmate telephone services 2. Public Works: Special event permit request from Southern Events Management, Inc. for use of county beach area near Boardwalk on Okaloosa Island for two - day volleyball tournament on May 17 and 18, 2014 3. Growth Management: Approval of Title VI Policy and Limited English Proficiency Plan and authorization for Chairman to execute Title VI Federal Transit Administration Civil Rights Assurance 4. Public Works: Renewal of Pine Meadows Drainage Easement with Eglin Air Force Base 5. Airports: Assignment of hangar lease fo r Block 2 Lot 2 at Destin Airport from Williams Electric to Bremfour Aviation Group 7. Public Works: Request from Destin Wedding Company for a Qualified Beach Vendor Certificate for calendar year 2014 8. Purchasing: Authorization for Chairman to execute contract with American Suncraft Construction fo r repair and painting of Countryview and Bluewater Tanks 9. Authorization for Surety Land Title Company to prepare quitclaim deeds for successful bidders converting their Okaloosa Island leasehold interests to fee simple titles (Dav i d V. Kosiewski and Gillian M. Kosiewski) RESOLUTION NO. 14 - 53 10. County Administration: Proclamation designating the week of March 16 - 22, 2014 as Sunshine Week 11. Purchasing: Approval to purchase one heavy - duty diesel - powered horizontal grinder (total cost of $605,000) and approval to transfer funds to cover the cost from the Solid Waste Enterp r ise Reserve Account to Capital Equipment Account 13. Finance: Budget Resolutions and Budget Transfer (a) Resolution amending FY 2014 Budget, General Fund (donations for Eglin AFB fiber optic network) RESOLUTION NO. 14 - 54 (BA #83) (b) Resolution amending FY 2014 Budget, General Fund (cash carried forward) RESOLUTION NO. 14 - 55 (BA #84) (c) Resolution amending FY 2014 Budget, Road & Bridge Construction Fund (FDOT grant for design of Rocky Bayou Driv e sidewalks) RESOLUTION NO. 14 - 56 (BA #85) March 4, 2014 - 7- Minute Book 70, Page 269 Okaloosa County Board of County Commissioners Packet Pg. 78  (d) Resolution amending FY 2014 Budget, Water & Sewer Enterprise Fund (appropriations for projects carried forward) RESOLUTION NO. 14 - 57 (BA #86) (e) Resolution amending FY 2014 Budget, Water & Sewer Enterprise Fund (capacity expansion charges) RESOLUTION NO. 14 - 58 (BA #87) (f) Resolution amending FY 2014 Budget, Airport Enterprise Fund (U.S. Department of Homeland Security Transportation Security Administration grant for design, engineering and construction of checked baggage inspection system) RESOLUTION NO. 14 - 59 (BA #88) (g) Budget Transfer: Water & Sewer Enterprise Fund, Duke Field Main and Lift Station; BT-14-28 14. Growth Management: Reappointment of Robert Garcia to the Electrical Competency Board 15. Purchasing: Approval to auction surplus items (for clarification only--correction to headings of items submitted on February 18, 2014) 16. Sheriff: Approval of Law Enforcement Trust Fund (LETF) disbursements (W.C. Pryor Middle School Junior R.O.T.C. Club in the amount $1,000; Florida Sheriff's Youth Ranch in the amount of $1,500; Northwest Florida Daily News for New Year's Eve Ad in the amount of $1,925; and Mental Health Association of Okaloosa/Walton Counties, Inc., in the amount of $5,000) 5 yeas. 12. Airports: Amendment #5 to Lease Agreement with Aero FX, Inc. dba Emerald Coast Aviation at Bob Sikes Airport which updates the levels of insurance coverage Mr. Harris made motion, seconded by Mr. Parisot, to approve the amendment. 4 yeas, 1 abstained (Mr. Boyles abstained). GROWTH MANAGEMENT MEMORANDUM OF AGREEMENT BETWEEN CITY OF DESTIN AND OKALOOSA COUNTY FOR TRANSIT ROUTE 33 Mr. Elliot Kampert, Growth Management Director, reported the City of Destin has agreed to provide $38,000 to continue operation of Transit Route #33. He requested the Board approve a Memorandum of Agreement (MOA) between the city and county for continuation of this route for this fiscal year. Mr. Parisot made motion, seconded by Mr. Harris, to approve the MOA and to authorize the Chairman to execute same. 5 yeas. March 4, 2014 - 8- Minute Book 70, Page 270 Okaloosa County Board of County Commissioners Packet Pg. 79  . FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY. MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS c { (_ 0 NAME OF BOARD, CO!J.NCIL, COMMIS,SION, AUTHORITY, OR COMMITTEE V\1\ t\1\(.i~ ; 0 V\ TH E BOARD, C UNCIL, COMMISSION , AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A U~IT ~ COUNTY O 4_ 6o6o-- l . 0 CITY b-(OUNTY NAME OF POLITICAL SUBDIVISION: 0 OTHER LOCAL AGENCY MY POSITION IS: WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder {where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN : • You must complete and file this form {before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 Packet Pg. 80 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATIEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISClOSURE OF lOCAl OFFICER'S INTEREST 0. ~ \II lfb ,hereby disclose that on f1ll o :{ Gh 6 .(1 . 20 l_j_: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, - - - - - - - - - - - - - - - - - - - - - - inured to the special gain or loss of my relative, - - - - - - - - - - - - - - - - - - - - - - - - - inured to the special gain or loss of_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , by whom I am retained; or inured to the special gain or loss of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: tf\. y ~ ~ .Ce ' b e v'-1\\-J Iov -f'"'(j £ ( i- ~e P\ ;vc.Je... eV'\ ~r 1y r e 1,-Jes +.::J i- ~e. s~ £~ec~ \e ~~ My a..h ~~N\ ~;o~ \ S UfJ(l'> "J'Cc\N'e_ o 5; \"V) 0< ~'( ;e ~( "'-v0 !)(Je r:.-t' o..-\ ~ ~'""' o'f' lo ~ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112 .317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM BB - EFF. 1/2000 PAGE2 Packet Pg. 81 GROWTH MANAGEMENT - CANCELLATION OF MARCH 18, 2014 HEARING TO CONSIDER POSSIBLE TERMINATION OF TRANSIT ROUTE 33 Mr. Kampert stated because the City of Destin has agreed to contribute funds for continuation of Transit Route 33, this public hearing is no longer needed. Mr. Amunds made motion, seconded by Mr. Harris, to cancel the subject hearing. 5 yeas. GROWTH MANAGEMENT - AMENDMENT NO. 2 TO CONTRACT C11 - 1900 - GM WITH OKALOOSA COMMUNITY DEVELOPMENT CORPORATION Mr. Kampert requested approval of Amendment #2 to SHIP (State Housing Initiatives Partnership) Contract C11-1900 - GM with Okaloosa Community Development Corporation (CDC) to change the staffing contact information and to allow the county to pay CDC directly for properly invoiced and documented work. Mr. Amunds made motion, seconded by Mr. Parisot, to approve the amendment. 5 yeas. GROWTH MANAGEMENT - AMENDMENT NO. 1 TO CONTRACT C14-2115 - GM WITH OKALOOSA COMMUNITY DEVELOPMENT CORPORATION Mr. Kampert requested approval of Amendment #1 to SHIP Contract C14-2115-GM with Okaloosa Community Development Corporation (CDC) to change the staffing contact information and to allow the county to pay CDC directly for properly invoiced and documented work. Mr. Parisot made motion, seconded by Mr. Harris, to approve this amendment. 5 yeas. TOURIST DEVELOPMENT APPROVAL OF EMERGENCY BEACH CLEANING CONTRACT WITH SANDMAN LLC Mr. Ed Schroeder, Tourist Development Department (TDD) Director, stated at the February 18, 2014 meeting the Board approved entering into an emergency contract with Sandman, LLC for beach cleaning services. The ending date of the emergency contract is April 30, 2014. Compensation is $86,388.25, plus reimbursable not - to-exceed disposable costs of $6, 500 which makes a grand total of $92,888.25. He asked for approval to ratify the emergency agreement. Upon inquiry by Mr. Parisot, Mr. Schroeder stated they do have the insurance certificates. Mr. Boyles made motion, seconded by Mr. Harris, to approve. 5 yeas. March 4, 2014 - 9- Minute Book 70, Page 271 Okaloosa County Board of County Commissioners Packet Pg. 82 VISITOR - ATTORNEY LYNN HOSHIHARA, REQUEST FOR EXECUTIVE SESSION Mrs. Lynn Hoshihara, Attorney with the Nabors, Giblin & Nickerson Law Firm, requested approval to set an Executive Session to discuss ongoing litigation prior to the next meeting at 8:00 a.m. Mr. Boyles made motion, seconded by Mr. Parisot, to set an Executive Session for March 18, 2014 at 8:00 a.m. in Fort Walton Beach. 5 yeas. TOURIST DEVELOPMENT APPROVAL TO NEGOTIATE WITH ARAMARK CORPORATION TO PROVIDE CATERING SERVICES AT EMERALD COAST CONVENTION CENTER Mr. Schroeder requested approval for staff to negotiate with ARAMARK Corporation for a contract to supply catering services at the Emerald Coast Convention Center. He reported four proposals were received and evaluated by the review committee. The firm receiving the highest marks was ARAMARK. The review committee was comprised of Zan Fedorak, Purchasing Director; Bill Leaman, Convention Center General Manager; Ed Schroeder, TDD Director; Rick Owen, County Administrator's Office; and Commissioner Nathan Boyles. Mr. Boyles stated it was a good process, noting staff took it seriously. He said these were strong proposals and he is comfortable supporting the recommendation of the review committee as a whole. Mr. Boyles added that he believes there is a clearer understanding by the staff and the contractor on what is expected. Mr. Harris asked if there was discussion on the Convention Center holding the liquor license. Mr. Schroeder answered that could be discussed next year. Mr. Parisot made motion, seconded by Mr. Harris, to authorize staff to negotiate with ARAMARK. 5 yeas. WATER & SEWER SYSTEM - REQUEST FOR FINAL PAYMENT TO CONSTRUCTION SERVICES COMPANY OF FLORIDA Mr. Jeff Littrell, Water & Sewer System Director, requested approval of the final payment to Construction Services Company of Florida in the amount of $19,835 for the Main Island Lift Station Project. Mr. Harris made motion, seconded by Mr. Amunds, to approve this final payment to Construction Services Company. 5 yeas. March 4, 2014 - 10 - Minute Book 70, Page 272 Okaloosa County Board of County Commissioners Packet Pg. 83 WATER & SEWER SYSTEM CHANGE ORDER NO. 1 WITH INSITUFORM TECHNOLOGIES Mr. Littrell requested approval of Change Order No. 1 to the contract (C12 - 1955 - WS) with Insituform Technologies for rehabilitation of gravity sewer. The change order is for additional scope of work and no additional time will be added to the term. Change Order No. 1 will add $193,820 to the contract. Mr. Parisot made motion, seconded by Mr. Boyles, to approve the change order. 5 yeas. PUBLIC WORKS SPECIAL EVENT PERMIT REQUEST BY RELEVENT ON BEHALF OF V S PINK Mr. John Hofstad, Public Works Director, stated a request for a special event permit has been made by Relevent on behalf of V S (Victoria Secret) Pink to hold a promotional event on March 13, 2014 from noon until 5:00 p.m. at James Lee Park. Proposed activities include a cooling lounge, juice bar, games, and a DJ. He advised the request has been vetted through all departments and copies of the insurance have been received. Mr. Hofstad said staff requests approval of the permit with the caveat outlined by Undersheriff Adams at the beginning of the meeting and with the applicant paying for the cost of additional law enforcement. Mr. Amunds made motion, seconded by Mr. Pari sot, to approve the special event permit request with the stipulation the applicant hire additional off - duty officers for security at a cost of $348. 5 yeas. PUBLIC WORKS - MUNICIPAL SERVICES BENEFIT UNIT POLICY REVISIONS Mr. Hofstad stated there has been a Municipal Services Benefit Unit/Municipal Services Taxing Unit (MSBU/MSTU) Policy in effect for several years. Existing MSBUs are for landscaping, sidewalks, and street lights. He reported there have been requests from residents in the Baker area to have road construction accomplished through a MSBU. Mr. Hofstad said in this specific instance there is no platted right - of - way and the county has no right to be on the property. He clarified that it is a two - rut private road. He stated the residents approached Mr. Boyles last year about road improvements funded through a MSBU. He informed the Board there was no mechanism in the current policy to allow this request. Mr. Hofstad advised the Board the MSBU policy has been revised and vetted through staff. He acknowledged the input from Mr. March 4, 2014 - 11 - Minute Book 70, Page 273 Okaloosa County Board of County Commissioners Packet Pg. 84 Boyles, adding Mr. Dowd also vetted the revisions. Mr. Hofstad stated the revised MSBU Policy provides a mechanism for unplatted property, through gathered efforts buying into the process, to have funding for making certain improvements. He stressed this policy is a "living document." The proposed revisions do allow for a petitioning process with property owners paying for the materials and using in - house resources to construct roadways. He said that is the basic addition to the policy. Mr. Boyles thanked staff, saying he thinks this is an innovative approach. He added that he believes this is a step in the right direction. Mr. Boyles said the revisions include an extensive petition process, conveying right - of-way, and buying the materials. Upon inquiry by Mr. Amunds, Mr. Hofstad stated the property owners would have to deed the right - of - way before any money goes into the MSBU. He added the policy outlines the timeframe for the process, pointing out the MSBU will come back before the Board for approval during an advertised public hearing. Mr. Harris commended Mr. Boyles for pushing this through. He also issued a challenge to the residents in The Pines Subdivision to make use of the policy for their benefit. Mr. Pari sot stated he likes the concept and giving people an opportunity to help themselves . He said the policy could be extended to creation of MSBUs for construction of sidewalks and stormwater systems. Mr. Pari sot stated there are some changes that need to be made to the proposed policy and he would rather those changes be inserted and brought back at the next meeting. Mr. Parisot made motion to make updates to the proposed policy and bring it back at the next meeting. Motion dies for lack of a second. Mr . Boyles asked the nature of the updates. Mr. Parisot replied some are legal "things" which should be addressed with Mr. Dowd. He said the policy should be expanded to other areas. Mr. Parisot said the language says right - of - way "must be deeded" but that would not work for stormwater across someone's property and would need to be an easement. Mr. Boyles stated the proposed revision policy is geared with some changes for MSBUs in general and others are specifically March 4, 2014 - 12- Minute Book 70, Page 274 Okaloosa County Board of County Commissioners Packet Pg. 85 for road construction. He said there is one policy for street lighting and one for road construction. Mr. Boyles recommended Mr. Parisot work with staff to create a third policy relating to stormwater and a fourth for sidewalks. He underscored the fact that the policies for each type of MSBU will vary. Continuing, Mr. Boyles stated he has no problem with correcting any technical difficulties. He said, however, if these are personal preferences, then there should be an opportunity to review individually, line - by - line. Mr. Boyles remarked that it is his understanding this was staffed through. Mr. Pari sot replied he sent 10 to 12 questions to Mr. Dowd and had significant discussion with staff yesterday afternoon. He again said he would like for the policy to be corrected and then returned for a vote. Mr. Boyles addressed Mr. Dowd and Mr. Hofstad and asked if there are any technical deficiencies and if the policy is ready. Mr. Hofstad replied that he thinks some of the questions are best answered by the County Attorney, such as whether it is a MSBU or a MSTU. He said some of the other issues can be cleared up. Mr. Dowd referred to a typo -- "MBSU" rather than "MSBU" requiring correction and in a couple of places reference to giving notice. He stated in the Statutes notification is required by "first class mail." Mr. Dowd said he did not know of any other deficiencies. Mr. Boyles made motion to approve the policy as written. Motion dies for lack of a second. Mr. Harris made motion, seconded by Mr. Boyles, to approve the revised MSBU Policy with corrections as mentioned by the County Attorney. Mr. Boyles said those are specifically for the typographical errors to be corrected and insertion of the proper statutory notification (first - class mail) . Mr. Harris amended his motion to reflect these specifics. Mr. Parisot remarked those are just two minor issues he raised with Mr. Dowd and staff. Mr. Amunds asked if there is anything time sensitive which would not allow the policy to be tabled until next week with the scrivener's errors corrected. Mr. Hofstad stated there are two options: make changes and bring back at the next meeting or take the motion and correct the typos which were identified. He again underlined the fact this is a living document. March 4, 2014 -13- Minute Book 70, Page 275 Okaloosa County Board of County Commissioners Packet Pg. 86 Mr. Dowd stated the policy as written refers to "lot owners" but Mr. Parisot wants the properties identified by addresses. He said that could be an issue in undeveloped subdivisions, adding that "lot owners" would be more appropriate. Mr. Dowd also advised that it will be difficult to come up with one clear method for various functions (street lights, road construction, stormwater, sidewalks, etc.). Mr. Windes asked Mr. Dowd if he agrees the policy is a "living document" which can be amended as necessary. Mr. Dowd replied, "Absolutely. It can be revised." Mr. Hofstad stated the policy can be cleaned up by: * correcting the typos * adding a provision of conveyance through easement * on page 6 regarding costs, clarify that one of the costs is ~% Tax Collector commission or 5% administra tive fee for collecting agency * insert that notification is by first-class mail Mr. Harris amended his motion to include Mr. Hofstad's recommendations. Mr. Boyles confirmed his second. Mr. Parisot asked what could happen in the next two weeks. Mr. Harris commented this is a living document and changes will be made. Mr. Boyles stated people will be out tomorrow collecting petitions, saying there is a reason to adopt the policy tonight. He pointed out this is the first MSBU of this type and it may require adjustments as we go forward. The vote was taken- 4 yeas, 1 nay (Mr. Parisot voted no). FACILITIES MAINTENANCE - AUTHORIZATION TO NEGOTIATE WITH AJAX AS DESIGN - BUILD FIRM FOR CRESTVIEW COURTHOUSE PROJECT Mr. Don Turner, Facilities Maintenance Director, stated last November the Board authorized issuance of a RFP for design-build services for the Crestview Courthouse Project. The deadline for submission of proposals was December 5, 2013. He noted the contractors have been patient waiting for a decision on the conceptual design for the project. Mr. Turner stated the review committee met on February 20 and AJAX received the number one ranking. He asked for staff to be authorized to begin negotiations with AJAX for this project. Mr. Harris made motion, seconded by Mr. Amunds, to authorize staff to negotiate with the top - ranked firm, AJAX, for the Crestview Courthouse Project. 5 yeas. March 4, 2014 - 14 - Minute Book 70, Page 276 Okaloosa County Board of County Commissioners Packet Pg. 87 FACILITIES MAINTENANCE - UPDATE BY LORD & SON CONSTRUCTION ON SHALIMAR ANNEX PROJECT Mr. Turner stated all projects are moving along normally and appear to be on track to make deadlines. Mr. Turner stated representatives from Lord & Son Construction and DAG Architects are present this evening to update the Board on design drawings for the Shalimar Annex Project. He said he will ask for approval of the 35% design drawings after the presentation. Mr. Charlie Clary, DAG Architects, reported they have discussed the drawings with the various tenants/departments and have been working with Mark Siner of Choctaw Engineering. He said the drawing on the screen shows 395 parking spaces and the stormwater retention areas. Mr. Clary stated the plan is for county employees to park in the rear of the building and public parking will be in the front. In addition to the materials in the agenda packet, Mr. Clary distributed the following pages: Parking Analysis and Programming Comparison . The Parking Analysis identified the number of employees for each tenant, the number of staff parking spaces, and the number of public parking spaces for each tenant. The Programming Comparison showed the existing square footage for each tenant and the proposed square footage. Existing square footage is 44,418 square feet and proposed is 51,418 square feet. Current common areas are 61,340 square feet and proposed are 63,042 square feet. Upon inquiry by Mr. Parisot, Mr. Clary stated the proposed square footage for the Tax Collector is 12,288. Mr. Boyles posed questions on the parking analysis. Mr. Clary replied the facility is within the city limits of Shalimar but the city's parking requirements are less stringent than the county's. He said this will result in "surplus" parking spaces . Mr. Clary continued his review of the drawings, pointing out the areas set aside for the County Attorney and County Administrator. He spoke about growth space and stated the Board Meeting Room is much larger and has flex space built in. Mr. Parisot asked why the Property Appraiser's and Tax Collector's Offices have private bathrooms. Mr. Clary answered they felt their staff needed to be closer to the office because of their interaction with the public. Mr. Parisot responded, March 4, 2014 - 15 - Minute Book 70, Page 277 Okaloosa County Board of County Commissioners Packet Pg. 88 "Yes, but the Tax Collector wants six bathrooms and the Tax Collector wants a private one in his office." Mr. Clary said that was the charge received from the working group. Mr. Amunds stated he is the Board's liaison to the working group. He explained the Tax Collector has more ladies in his office than men and that was the reasoning for the bathrooms. Mr. Harris remarked both of these offices, Tax Collector and Property Appra i ser, have a greater volume of public activities than other offices. Mr. Parisot said he does not think the taxpayers should pay for any private bathrooms. Mr. Amunds explained they tried to keep everything consistent with no big offices and getting as much sign - on by the Constitutional Officers as possible. Mr. Amunds asked when a cost estimate will be available. Mr. Steve Christopher, Lord & Son Construction, explained that while Mr. Clary and DAG were working on the drawings, Lord & Son has been working on numbers. He stated they are within 2% of where they were two years ago on this project, saying they are at $10,750,000 for the building and another $750,000 for the site work. Mr. Christopher advised the asbestos survey revealed asbestos was in the drywall joints in the entire facility. This means the drywall must be separated during demolition and taken to a specified dumpster. Mr. Parisot asked if this is new information from what he heard yesterday. Mr. Turner said there are statutory regulations to be followed, noting certain actions are required if the threshold is 1%. He stated no action is required below 1%. Mr. Turner said he did not have this information on the materials in the building yesterday when they spoke. Mr. Parisot stated he might be wrong but he heard it was less than 1%. Mr. Clary referred to the layout of the Board Chambers, saying the room could hold 100 people and will have a specific area set aside for staff and the media. Mr. Windes referred to Mr. Clary's reference of the drawings having 1,500 feet set aside for growth. He asked if that square footage could be left as white space. Mr. Clary answered in the affirmative. March 4, 2014 - 16 - Minute Book 70, Page 278 Okaloosa County Board of County Commissioners Packet Pg. 89 Mr. Boyles said he thinks the plan on the conceptual level looks good and approval of the drawings is an issue separate from a costs issue. He added that he is anxious for the Crestview Courthouse project to move forward. Mr. Boyles made motion, seconded by Mr. Harris, to move forward with the plan as proposed and to proceed with the next phase of the process. Mr. Harris remarked he would like to keep the costs under $10 Million. Mr. Parisot stated that he cannot support moving the county commissioners out of a county- owned building (reference is Water & Sewer Administration Building) and then leasing that space commercially. He said he cannot go for a building of the size presented today. Mr. Harris responded the county does not own the Water & Sewer Administration Building. He said it was constructed with enterprise funds. Mr. Parisot replied he does not believe that. Mr. Windes said we are trying to create a governmental center for the next forty years. The vote was taken on the motion to approve the 35% drawings and authorize the design team to begin developing the construction drawings-4 yeas, 1 nay (Mr. Parisot voted no). FACILITIES MAINTENANCE - UPDATE ON COSTS FOR DESIGN ASSISTANCE ON CRESTVIEW COURTHOUSE PROJECT Mr. Turner reported the work of the design assistant for the Crestview Courthouse Project has completed his work. He said $32,000 was originally appropriated for this work but the final costs will be less than $16,200. PUBLIC COMMENTARY Mr. Wendell Batey, Brittany Lane, spoke about "Operation American Spring," a grass roots movement organized by Colonel Harry Riley, U.S. Army retired. The movement is to restore Constitutional Government. The event is slated for May 16 and the rally in Washington D.C. is anticipated to have participation by 10 million Americans. Mr. Batey asked the county and community for not only participants in the march but for their prayers. He referred interested persons to the following website: www . OperationAmericanSpri n g . March 4, 2014 -17 - Minute Book 70, Page 279 Okaloosa County Board of County Commissioners Packet Pg. 90 ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 8:07p.m. DON W. HOWARD CHARLES K. WINDES, JR., CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS (These minutes were transcribed by Teresa Ward.) March 4, 2014 - 18 - Minute Book 70, Page 280 Okaloosa County Board of County Commissioners Packet Pg. 91 Packet Pg. 92  March 18, 2014 Regular Meeting The regular Tuesday meeting of the Okaloosa County Board of County Commissioners was called to order at 8: 4 0 a.m. at the Water & Sewer Administration Building in Fort Walton Beach . Members present were Charles K. Windes, Jr., Chairman; Nathan Boyles, Vice Chairman; Wayne Harris; Dave Parisot; and Don Amunds. Also present were Gary J. Stanford, Finance Director, Clerk's Office; Ernie Padgett, County Administrator; John Dowd, County Attorney; and representatives of the media. PRESENTATIONS - EMPLOYEE SERVICE AWARDS Mr. Padgett presented service awards to the following employees, recognizing them for their length of service: Therese Walencik ----- - ----- Fifteen Years Jose Davila ---------------- Fifteen Years (not present) Emma Jean Cole -- - ---- - ---- -Thirty Years PUBLIC INFORMATION OFFICER UPDATES Mrs. Kathy Newby, Public Information ( PIO) Officer, opened her comments with a promo for the Okaloosa Today program which airs on Cox Channel 6 and an announcement that Tourist Development Department (TDD) Director Ed Schroeder will not only be featured on Okaloosa Today but will also be a guest on WFTW Talk Radio on March 2 0. Mrs. Newby's highlights included: • Announcement of the 2013 HSMAI (Hospitality Sales and Marketing Association International) Adrian Award Winner for Public Relations to the Emerald Coast CVB and the Fort Walton Beach Chamber of Commerce for organizing/supporting the Dool i ttle Raiders Reunion • Launch of a contest for local art students by Okaloosa County Transit called "Art on the Move" • Open House by Emerald Coast Aviation at Bob Sikes Airport on March 22, 2014 from 10 a . m. until 2 p.m. • Formation of the Okaloosa Centennial Commission PRESENTATION OF SUNSHINE WEEK PROCLAMATION Mr. Parisot asked Mr . William Hatfield, new editor of the Northwest Florida Daily News , to join him at the front of the March 18, 2014 . - 1- Minute Book 70, Page 282 Okaloosa County Board of County Commissioners Packet Pg. 93 room. Mr . Parisot read the proclamation which designates March 16 - 22, 2014 as Sunshine Week (adopted by the Board at its last meeting) and presented it to Mr. Hatfield. Mr. Hatfield commented at the Daily Ne ws they believe they are in the "Sunshine State" on two accounts. He acknowledged the proclamation, saying the newspaper and this Board take the public's right to know very seriously. COUNTY ADMINISTRATOR'S UPDATE Mr. Padgett reported he has been working with staff on the job description for the Compliance Officer position which will be located in his office. He anticipated the job description to be completed within a week and will then be advertised. COMMISSIONER'S MINUTE Mr. Harris, Mr. Boyles, and Mr. Amunds stated they have nothing at this time. Mr. Parisot announced a Gulf Consortium meeting will be held in Tallahassee on March 26. Mr. Windes requested Jerry Kennedy, representing the Red Cross, to join him at the podium. Mr. Windes read a proclamation adopted at the March 4 meeting designating the month of March as American Red Cross Month in Okaloosa Co unty . Mr. Kennedy stated Red Cross is a conduit for community helping community. He outlined the four-county area the local Red Cross chapter covers. Mr. Kennedy thanked the Board for its support. PUBLIC COMMENTS RELATING TO THE AGENDA Mrs. Rebecca Sherry, Okaloosa Island, stated she has noticed for the last several months that Tourist Development Department (TDD) financial items have been approved by the Board of County Commissioners but were not on the Tourist Development Council (TDC) agenda or discussed at a TDC meeting. She said this trend away from "sunshine" less than three months after the Auditor General's findings unsettling. Mrs. Sherry said there are two items on today's agenda which fit this bill. The first is a TDD i tern regarding cancellation of the Municipal Services Benefit Unit (MSBU) special assessment for the Western Destin Beach Restoration Project. She stated March 18, 2014 -2- Minute Book 70, Page 283 Okaloosa County Board of County Commissioners Packet Pg. 94 this i tern is on the Board's agenda but it bypassed the TDC. Mrs. Sherry referred to $700,000 which would then be taken from the tourist development tax to fulfill the obligation of the bank note for the Holiday Isle beach restoration project. She asked why this item is being fast-tracked and then said the recommendation on how to proceed was by unnamed staff. The second item is a $15,000 expenditure request for a Pocket Ranger advertising app which was not "noticed" at TDC. Mrs. Sherry asked why the big ticket items are bypassing TDC and who made these decisions. Mr. David Sherry, Okaloosa Island, said he read where the Board will consider repeal of the Western Destin MSBU assessment. He stated for years people from Holiday Isle demanded imposition of the assessment, as well as including people within the MSBU boundaries who did not want to be part of it. Mr. Sherry said he cannot recall anyone from Holiday Isle asking for the MSBU to be abolished. He read from the agenda request "Staff has been asked to research the feasibility of repealing the special assessment which has been levied for the Western Destin Beach Restoration Project." Mr. Sherry asked a series of questions, including: Who asked staff to do this work? Has anyone on Holiday Isle changed their mind and reneged? And, who on Holiday Isle is pushing to remove the assessment? He said if no one on Holiday Isle is asking, why is there a proposal to give away $750,000 in public money? Mr. Sherry felt if someone from Holiday Isle is asking for the assessment to be cancelled, then he should get up in public and tell why he wants it repealed. He noted there is no one here from Holiday Isle asking for this. Mr. Sherry concluded by asking why the TDC process was bypassed. PUBLIC HEARING DISCUSSION ON PROPOSAL FOR COUNTY CREWS TO CONSTRUCT NEWCASTLE AREA WATER SYSTEM IMPROVEMENTS Mr. Stanford read the public notice for discussion relating to a proposal by Okaloosa County Water & Sewer (OCWS) to construct the Newcastle Area Water System Improvements with in-house staff and equipment. The estimated cost of the design-build project using OCWS staff is $450,000. Mr. Jeff Littrell, Water & Sewer System Director, pointed out the area on a map for the proposed project. The project will upgrade existing water lines from two inches to six inches which will facilitate the installation of new fire hydrants, increasing fire protection in the area. He detailed the improvements: 14 new fire hydrants; 10, 500 linear feet of six- March 18, 2014 -3- Minute Book 70, Page 284 Okaloosa County Board of County Commissioners Packet Pg. 95 inch water main (including eight - inch bores where necessary) ; 2,300 linear feet of existing parallel mains where services need to be switched over from the old mains, and all associated appurtenances. Mr. Littrell reported funding for this project will be supplemented by a Community Development Block Grant (CDBG) Disaster Recovery Fund appropriation in the amount of $252,923.30 available through the Florida Department of Economic Opportunity. This grant is scheduled to expire on October 25, 2014. He advised that the remainder of the funds will come from the Capital Improvement Projects (CIP) Plan. Upon inquiry by Mr. Pari sot, Mr. Littrell stated they plan to do bores rather than road cuts to lay lines. No one came forward to comment on the proposal. Mr. Harris made motion, seconded by Mr. Parisot, to authorize OCWS to construct the Newcastle Area Water System Improvement Project, using OCWS staff and equipment, as supplemented and in accordance with county ordinances and State Statutes. 5 yeas. CONSENT AGENDA APPROVAL Mr. Harris made motion, seconded by Mr. Parisot, to approve the Consent Agenda. 1. Airports: Approval to partner with North Light Marina Red Snapper Challenge to be held on June 7, 2014 in Niceville; cost is $2,500 2. Airports: Appointment of James Link, Michael Irons, and David Prichard as county - appointed members to serve on Destin Airport Compatibility Advisory Committee 3. Airports: Hangar lease assignment from Randy Felder to GSB, LLC (Greg Lala) for Block 8 Lot 8 at the Destin Airport 4. Airports: Execution of 2014 Loan Renewal Form with National Museum of the U.S. Air Force Static Display Program for F- 15 aircraft at Northwest Florida Regional Airport 5. Airports: Approve lease for barbering, massage, and nail tech services at Northwest Florida Regional Airport with Champion Contractors and Cuts By Angela March 18, 2014 -4- Minute Book 70, Page 285 Okaloosa County Board of County Commissioners Packet Pg. 96  6. Finance: Budget Resolutions and Budget Transfers: • Resolution amending FY 2014 Budget, General Fund (Sheriff's Department revenues) RESOLUTION NO. 14 - 60 (BA #89) • Resolution amending FY 2014 Budget, General Fund (appropriations from City of Destin for fixed - route transit service) RESOLUTION NO. 14 - 61 (BA #90) • Resolution amending FY 2014 Budget, General Fund (revenue) RESOLUTION NO. 14 - 62 (BA #91) • Resolution amending FY 2014 Budget, Law Enforcement Trust Special Revenue Fund (confiscated property proceeds) RESOLUTION NO. 14 - 63 (BA #92) • Resolution amending FY 2014 Budget, MSBU Special Revenue Fund (cash carried forward) RESOLUTION NO. 14 - 64 (BA #93) • Resolution amending FY 2014 Budget, MSBU Special Revenue Fund (street light funds with negative cash carried forward) RESOLUTION NO. 14-65 (BA #94) • Resolution amending FY 2014 Budget, Unincorporated County Parks Special Revenue Fund (cash carried forward) RESOLUTION NO. 14-66 (BA #95) • Resolution amending FY 2014 Budget, Airport Enterprise Fund (appropriations for proceeds and leases) RESOLUTION NO. 14 - 67 (BA #96) • Resolution amending FY 2014 Budget, Garage Services Fund (claims income) RESOLUTION NO. 14-68 (BA #97) • Budget Transfer: Solid Waste Enterprise Fund, purchase of heavy duty diesel grinder, BT - 14 - 29 • Budget Transfer: Self - Insurance Fund, additional revenue from Constitutional Officers' insurance payments and subrogation income used to adjust cash balance, BT - 14 - 30 7. County Administration: Public Event Permit request from Truth Evangelistic Ministries for Rice & Bean Rumble 5K on May 10, 2014 8. BCC Records: February 4, 2014 Regular Meeting Minutes and February 18, 2014 Regular Meeting Minutes March 18, 2014 -5- Minute Book 70, Page 286 Okaloosa County Board of County Commissioners Packet Pg. 97  9. Sheriff: Law Enforcement Trust Fund (LETF) Disbursements 10. Sheriff: FY 2014 USDOJ Coverdell Forensics Grant Application, authorization for Contracts & Grant Office to submit on - line application and on-line submission of future grant documents during term of grant 11. Corrections: Final payment on Contract #C10-1816 - COR to Corizon Health, Inc. for inmate health services in the amount of $386,863.79 12. Growth Management: Reappointment of John G. "Buddy" Gordon, Jr. to Construction Competency Board for three - year term 13. Growth Management: Reappointment of Todd McGirr to Mechanical Competency Board for three-year term 14. Public Safety: Interlocal Agreement with City of Fort Walton Beach for Advanced Life Support Fire Engine Partnership Program 15. Public Safety: Inter local Agreement with Okaloosa Island Fire Di strict for Advanced Life Support Fire Engine Partnership Program 16. Public Safety: Direct payment to Airgas for outstanding invoices totaling $6,273.62 (December 2013 for $3,181.94 and January 2014 for $3,091.68) 17. Public Safety: Proclamation designating April 13 - 19 as National Telecommunicators Week 18. Public Safety: Renewal of Certificate of Public Convenience and Necessity for Rocky Mountain Holdings, LLC d/b/a Air Methods (Air Medical Transportation Service) 19. Purchasing: Authorization for Chairman to execute contract with R&E Farms for biosolids removal and transportation 20. Purchasing: Recommendation to award bid for air - cooled chiller at the County Jail to W. D. Rogers Mechanical Contractors and authorization for Chairman to execute contract 21. Purchasing: Auction of surplus items 22. Human Resources: Recommended settlement of worker's compensation claim with Steven St . Clery, including Chairman executing settlement agreement 23. Human Resources: Recommendation from Risk Management to bind and purchase coverage for county property, boiler & machinery, and terrorism insurance 24. Public Works: Request from Best Western of Fort Walton Beach for Qualified Beach Vendor Certificate for calendar year 2014 25. Public Works: Request from Southern Beach Management for Qualified Beach Vendor Certificate and QBV Beach Vehicle Permit for calendar year 2014 March 18, 2014 - 6- Minute Book 70, Page 287 Okaloosa County Board of County Commissioners Packet Pg. 98 26. Public Works: Request from Barefoot Weddings for Qualified Beach Vendor Certificate for calendar year 2014 27. Public Works: Request from Sunset Beach Service for Qualified Beach Vendor Certificate for calendar year 2014 28. Public Works: Request from Island Sands Weddings for Qualified Beach Vendor Certificate for calendar year 2014 29. Public Works: Approval to set public hearing on April 15, 2014 to consider request of Steve Bennett to vacate portion of Second Avenue right - of - way and portion of east - west alley in Block 2 of the Townsite of Port Dixie 30. Public Works: Approval to set public hearing on April 15, 2014 to consider request of Stephen Kennedy to vacate portion of Nutmeg Avenue right - of - way between Blocks 24 and 25 as platted in Valparaiso Realty Company's Pine Crest Addition to Valparaiso 5 yeas. GROWTH MANAGEMENT - FINAL PLAT APPROVAL FOR BROWNSTONES PHASE I AT KELLY PLANTATION Mr. Elliot Kampert, Growth Management Director, presented the Final Plat for Brownstones Phase I at Kelly Plantat i on for consideration. The Brownstones Phase I is a four - lot single - family attached (townhomes) residential subdivision submitted by Matt Zinke with Gustin, Cothern & Tucker on behalf of property owner KPH3, LLC. A general location of the property is north of Kelly Plantation Drive, west of One Water Place Condominium in Destin. Mr. Boyles made motion, seconded by Mr. Amunds, to grant final plat approval for the Brownstones Phase I. 5 yeas. GROWTH MANAGEMENT TRANSIT ASSISTANCE REQUEST LETTERS TO MUNICIPALITIES Mr. Kampert stated the Board will soon begin developing the Fiscal Year 2015 budget and will need to know to what extent the cities will participate in the public transit system. He asked for approval of the draft letters to be sent to the mayors of each municipality in this regard. Mr. Kampert noted there has been much discussion at the staff level between the county's and the cities' personnel. Mr. Parisot made motion, seconded by Mr. Boyles, to authorize the Chairman to execute the letters to the mayors of the municipalit i es. 5 yeas. March 18, 2014 -7- Minute Book 70, Page 288 Okaloosa County Board of County Commissioners Packet Pg. 99 TOURIST DEVELOPMENT - REVISED STRATEGIC MARKETING PLAN Mr. Ed Schroeder, Tourist Development Department (TDD) Director, stated any changes to the Strategic Marketing Plan must be presented to the Board for approval in the form of a resolution . He explained the Board approved a $2.6 Million Strategic Marketing Plan in November 2013; however, the department's adopted budget for promotional activities totals $3.5 Million. He said the $900,000 difference is attributable to $534,000 in marketing activities performed in - house by TDD staff and $375,000 in special event and sponsorship funding. Mr. Schroeder said in the existing $2.6 Million plan, they are going to re-allocate some marketing funds which could be better used in leisure marketing events. Secondly, there is a proposal to create an In-House Marketing Commission. And, he said the third item concerns special event sponsorship funding. Mr. Schroeder spoke briefly about a category identified as "last minute deals." Mr. Parisot commented he has been in favor of the in-house marketing/advertising concept for a long time. It was his belief it could be done in - house at a lower cost than what the consultants charge. Mr. Pari sot referred to the section on entertainment expenses/meals for meetings and urged caution, suggesting it be limited to the current per diem and meal allocations. Mr. Schroeder responded that he totally agrees. Mr. Boyles stated he appreciates Mr. Schroeder "walking the halls" to discuss this item before the meeting but he is struggling to get a level of comfort and confidence regarding the use of TDC funds. He said it is difficult to grasp and it is important for the Tourist Development Council (TDC) to review. Upon inquiry by Mr. Boyles, Mr. Schroeder verified the TDC has reviewed and recommended approval of the in-house marketing plan at the proposed expenditure levels. Mr. Boyles said he understands the Film Commission is a one - person operation and he would like to learn more about this process. He requested the contractor (Ms. Gail Morgan) come to a meeting to introduce herself, talk about the successes and the weaknesses, and help him and the public understand what she does for $67,000 a year. Mr. Schroeder welcomed that opportunity. March 18, 2014 - 8- Minute Book 7 0, Page 289 Okaloosa County Board of County Commissioners Packet Pg. 100 Mr. Parisot made motion, seconded by Mr. Harris, to adopt a resolution for the revised Strategic Marketing Plan. 5 yeas. RESOLUTION NO. 14 - 69 TOURIST DEVELOPMENT - PETER MAYER ADVERTISING TASK ORDER NO. 132 Mr. Schroeder presented Peter Mayer Advertising Task Order No. 132 in the amount of $107, 114 for consideration. This task order is for the production and execution of two new 30 - second and two new 15 - second television spots. He stated the TDC recommended approval of this task order for the "Brand Campaign Television Spots" at its February 27, 2014 meeting. Upon inquiry by Mr. Amunds, Mr. Schroeder told how verification will be done on running the television spots. He added that a Destin Fishing Rodeo spot will be added to the rotation. Mr. Amunds made motion, seconded by Mr. Parisot, to approve Task Order #132 with Peter Mayer Advertising. 5 yeas. TOURIST DEVELOPMENT - FY 2013 FOURTH QUARTER EXPENDITURE REPORT Mr. Schroeder termed this agenda item and the next one to be of a housekeeping nature. He said last October the Fiscal Year 2013 fourth quarter expenditure report for tourist development taxes should have been presented to the Board but was not, perhaps, because of the change in TDD leadership. Mr. Boyles made motion, seconded by Mr. Pari sot, to approve this report. 5 yeas. TOURIST DEVELOPMENT - TOURIST DEVELOPMENT TAX FINANCIAL UPDATE Mr. Schroeder presented the financial update for the first quarter of Fiscal Year 2013 - 14. He pointed out the new format of the report was discussed by the TDC and the report was approved on February 27, 2014. Mr. Boyles made motion, seconded by Mr. Pari sot, to approve the report. Mr. Pari sot stated he would like for the Urban Corridor Grant to be moved to the Growth Management Department in the future. Mr. Windes remarked the Board can review that suggestion. 5 yeas. TOURIST DEVELOPMENT - REALLOCATION OF FIRST PERCENTAGE RESERVES Mr. Schroeder stated the Western Destin Beach Restoration Project was not budgeted in Fiscal Year 2014 and the Fiscal Year 2013 available balance of $562,103 was carried forward. He March 18, 2014 -9 - Minute Book 70, Page 290 Okaloosa County Board of County Commissioners Packet Pg. 101 asked for these remaining funds to be transferred from the 1175 - 59910 Reserves Account to the 1175 - 581702 Project Expenditures Account in order to complete the project. Mr. Schroeder stated the TDC approved this item at its February 27, 2014 meeting. Mr. Parisot made motion, seconded by Mr. Boyles, to approve the department head's recommendation. 5 yeas. TOURIST DEVELOPMENT - POCKET RANGER APP Mr. Schroeder stated the department has been presented with an extraordinary opportunity. He explained the Emerald Coast can be showcased as the signature beach in the Pocket Ranger app for the State of Florida at an annual cost of $15,000. Mr. Schroeder said this marketing opportunity is not part of the original marketing plan but can be considered with the amendments passed earlier in the meeting. Mr. Amunds posed questions about advance payments, referring to the Auditor General's Report. It was his understanding a discounted payment could be made in advance, noting payment would not be made until the app was up and live. Mr. Schroeder replied he is not sure if that applies to this type of advertising. Mr. Harris pointed out Mr. Schroeder was not here when the Auditor General's Office dinged us and said we must pay after the fact. Mr. Boyles commented that a discounted rate is not the issue for him but he would like to come to grips with the process. He said an "unanticipated activity" does not mean we bypass the TDC. Mr. Boyles stated he regrets this is a time-sensitive item, reiterating that he is not comfortable with signing off on this item without review and comment from the TDC. Mr. Schroeder said the revised Strategic Marketing Plan places a limit on expenditures of $35,000 or less. He commented that he and the County Administrator would approve any of these type expenditures ("last minute deals"). Mr. Schroeder stated anything above the $35,000 limit would go before the TDC first. He advised expenditures falling in this category would be referred to the TDC at the following meeting. Mr. Boyles asked what will happen if the TDC does not recommend approval at that time. Mr. Schroeder said they will present it to the TDC Chairman before he and Mr. Padgett sign off on it. He added if the TDC thinks it is a bad idea, they probably would not go forward with it. March 18, 2014 - 10 - Minute Book 70, Page 291 Okaloosa County Board of County Commissioners Packet Pg. 102 Mr. Parisot said it is basically an advertising package which would cost $40,000 and we could get it for $15,000. He also commented provision was made for this type situation in the revised marketing plan. Mr. Pari sot asked if the TDC reviews every line item of the marketing plan or approves it as a large package. Mr. Schroeder replied it is presented in detail and approved as a package. Mr. Parisot made motion, seconded by Mr. Amunds, to approve participation in the Florida State Parks Pocket Ranger app. 4 yeas, 1 nay. (Mr. Boyles voted no.) TOURIST DEVELOPMENT - ADVERTISE PUBLIC HEARING TO REPEAL BEACH RESTORATION MSBU Mr. Schroeder requested approval to advertise for a public hearing to repeal the Beach Restoration Municipal Services Benefit Unit (MSBU) . He said staff has worked with First Southwest (financial consultant) and the legal team to determine the willingness of Hancock Bank to release the pledge of the special assessment. (The MSBU assessments and first penny of the Tourist Development Tax were pledged for the repayment of the bank note.) Mr. Schroeder advised a letter has been received from Hancock Bank relinquishing its rights to the pledge of the "Special Assessment Revenues." He asked for authorization for staff to advertise for public hearing to repeal Ordinance No. 07 - 57 which established this MSBU. Mr. Amunds stated this has been a heated issue for a long time. He noted the Board previously discussed sunsetting the assessment before the requisite eight years, if possible. Upon inquiry by Mr. Amunds, Mr. Dowd confirmed this to be true. Mr. Harris asked who directed staff to research this item. Mr. Schroeder replied "a county commissioner." Mr. Boyles pointed out that was in an open meeting. Mr. Harris asked if the residents of Holiday Isle have been notified of this proposal. Mr. Schroeder answered that he has not notified them. Mr. Dowd said the hearing will be advertised. Mr. Windes stated when he ran for the office of county commissioner one of the planks in his campaign was abolishing this assessment. Upon inquiry by Mr. Windes, Mr. Schroeder said the proposal will be taken before the TDC on March 27. Mr. Parisot commented he brought up this proposal previously and it was decided last fall to bring the issue back up in the spring. He said although he was not a commissioner at the time March 18, 2014 - 11 - Minute Book 70, Page 292 Okaloosa County Board of County Commissioners Packet Pg. 103 the ordinance was adopted, he recalls the discussion was to first use state funds; secondly, to use bed tax dollars; and lastly, to use the MSBU assessment revenues. Mr. Pari sot said he supports this measure but there are other issues to be discussed. He stated in January 2012 the Board rescinded the assessment for Okaloosa Island and refunded monies. Mr. Parisot said he feels the Board should address the issue of refunding all or a portion of the MSBU funds. He then gave a history of the MSBU boundaries. Mr. Amunds referred to his conversation with the condo alliance when he originally brought this item forward for discussion. He said he supports stopping the assessment but not a big push to give the money back. Mr. Boyles asked how this concept is different from the MSBU policy for paving private roads the county recently adopted. He said citizens must pitch in. Mr. Amunds said he believes eventually bed taxes could be set aside strictly for beach restoration. He also believed the federal government will allocate money for dredging the East Pass. Mr. Amunds noted when the discussion took place for beach restoration, the county had gone through a hurricane and implementing the MSBU for beach restoration was the only way to go. He reiterated his desire to sunset the assessment. Mr. Parisot stated a full penny of tourist development tax was carved out for beach restoration at the same time the MSBU was established. He said the MSBU was set up because there was no funding source for the bonds. Mr. Boyles stated this information is helpful and asked if there is a way to continue with the dedication of that penny for beach restoration, to accrue those revenues into a reserve account so we don't have to scramble quickly if there is an extreme weather event. Mr. Schroeder replied there is no limitation, advising there is currently $6.2 Million in this reserve. He said he has been reminded by Jim Trifilio, Coastal Management Coordinator, the cost to restore Okaloosa Island beaches was $12 Million. Mr. Boyles asked what is the average assessment for a condo unit owner. Mr. Amunds replied that he believes it is about $130 annually. Mr. Boyles repeated the cost for living on the beach is $130 a year. Mr. Amunds made motion, seconded by Mr. Pari sot, to authorize staff to move forward with drafting an ordinance to abolish the March 18, 2014 - 12 - Minute Book 70, Page 293 Okaloosa County Board of County Commissioners Packet Pg. 104 Beach Restoration MSBU and to authorize advertising same for public hearing. 4 yeas, 1 nay. (Mr. Boyles voted no.) PUBLIC SAFETY - E 9 - 1 - 1 EQUIPMENT HARDWARE REFRESH AND UPGRADES Mr. Dino Villani, Public Safety Director, requested approval to purchase E 9 - 1 - 1 hardware equipment and software upgrades for the Public Safety Answering Points. The cost of the purchase is $615,116.48 and would be paid with E 9 - 1 - 1 Reserve funds. This is a sole source purchase due to the fact Century Link currently holds the E 9-1 - 1 maintenance contract and is the only vendor who could meet required repair times in instances of critical outages or failures. Mr. Pari sot made motion, seconded by Mr. Harris, to approve the purchase as outlined by the department head . 5 yeas. AIRPORTS AUTHORIZATION TO ADVERTISE RFQ FOR AIRCRAFT MAINTENANCE SERVICES Mr. Sunil Harman, Airports Director, requested approval to advertise for Request for Proposals (RFP) to provide aircraft maintenance services at the Northwest Florida Regional Airport. He also requested the following individuals be appointed to the review commit tee: Tracy Stage, Airport Deputy Director; Terry Mace, Airports Maintenance Foreman; David Miner, Airports Properties and Leases; and Jack Allen, Purchasing Services Manager. Mr. Boyles stated recently he has sat on some review committees and found that having individuals from outside the affected department provides a different, beneficial perspective. He suggested this be considered for formation of future committees. Upon inquiry by Mr. Pari sot, Mr. Harman stated currently the work was being done by an entity the airlines worked with but that company has left. Mr. Parisot commented that he will be glad to sit on this selection committee. Mr. Boyles made motion, seconded by Mr. Parisot to authorize the department to advertise the RFP for aircraft maintenance services and to appoint the review committee as outlined above, adding Commissioner Parisot to the review committee. 5 yeas. March 18, 2014 - 13 - Minute Book 7 0, Page 294 Okaloosa County Board of County Commissioners Packet Pg. 105 PUBLIC WORKS - SPECIAL EVENT PERMIT REQUESTED FOR SEADOO BOATING SAFETY EVENT Mr. John Hofstad, Public Works Director, stated WaterTop Unlimited is requesting use of a county beach area adjacent to Ross Marler Park for a SeaDoo boating safety event. The event is to be held May 2 through 4, 2014 with an anticipated attendance of 40 to 50 people per day. He advised the request has been reviewed by the appropriate agencies and found to be in compliance. Mr. Harris made motion, seconded by Mr. Arnunds, to approve the special event permit as presented. 5 yeas. PUBLIC WORKS FWC 2014 - 15 ARTIFICIAL REEF CONSTRUCTION GRANT APPLICATION Mr. Hofstad requested approval for the Chairman to execute the Florida Fish and Wildlife Conservation Commission (FWC) 2014-15 Artificial Reef Construction Grant application. The grant would be used to deploy donated materials to populate four reefs in state waters. He reported the county has received permits from the state and the Corps of Engineers. Mr. Parisot made motion, seconded by Mr. Harris, to authorize the Chairman to execute this grant application. 5 yeas. PUBLIC WORKS - CONTRACT RENEWAL AND AMENDMENT WITH DEPARTMENT OF CORRECTIONS FOR INMATE WORK CREW SUPERVISOR Mr. Hofstad stated this is a contract renewal (and amendment #1) with the Department of Corrections to provide an officer to supervise an inmate work crew for the next year. Mr. Harris made motion, seconded by Mr. Parisot, to approve the document and to authorize the Chairman to execute same. 5 yeas. INFORMATION SYSTEMS - FIBER OPTIC PRESENTATION Mr. Don Vanderhoek, Information Systems Director, and Mr. Dan Sarnbenedetto, Manager of the Geographic Information System (GIS) Division, carne forward to give the Board an overview of the Fiber Optic Telecommunications Project. Mr. Vanderhoek provided historic information on the implementation of the fiber optic network in 2001, telling not only why the county created the network but describing its strategic components and outlining how the county continues to leverage, maintain and sustain the network. March 18, 2014 -14- Minute Book 70, Page 295 Okaloosa County Board of County Commissioners Packet Pg. 106 Mr. Vanderhoek stated the necessity to increase bandwidth for increasing telephone and data communication needs was the impetus for the Fiber Optic Network. The county, by statutory and constitutional requirements, must pay for communications for court-related entities. He said the Fiber Optic Network was a strategic investment to save money, increase the level of service, and meet future needs. Mr. Vanderhoek's presentation explained bandwidths and the savings realized on telephone and data services. He stated this Fiber Optic Network is a county-owned and operated utility. Mr. Vanderhoek provided a map showing the existing and planned fiber routes. He detailed operation of the North and South Head End Facilities and how data traffic is beamed across the backbone fiber to its destination. Mr. Sambenedetto described how the Fiber Optic Network is maintained, stressing the importance of protecting and maintaining this utility. He said because the fiber is in the right - of -way, utility locates are a big part of what they do. Mr. Sambenedetto stated the GIS staff provides positive response on every Sunshine One Call ticket. Highly accurate network maps are maintained which is critical to accurately and timely utility locates, save time in network re - routing if required due to outage, and assists in plan review and design. Mr. Sambenedetto reviewed the importance of accurate splice diagrams when the fiber is damaged. He also cited examples of repair costs when the fiber is pinched or cut by contractors during ro~d construction. Continuing, Mr. Sambenedetto listed benefits from the investment in the Fiber Optic Network: • Significant cost savings on reoccurring data and communication charges • Dramatically increased bandwidths at a much lower cost • Brought on Constitutional Officers and others to help reduce BCC costs • Brought on partners to help offset the infrastructure and maintenance costs • Allows room to expand by utilizing additional fiber available on existing routes He also named potential partners, as well as providing an extensive list of current fiber optic - related projects. March 18, 2014 -15 - Minute Book 70, Page 296 Okaloosa County Board of County Commissioners Packet Pg. 107 RECESS - The meeting was recessed at 10:33 a.m. and reconvened at 10:45 a.m. Mr. Vanderhoek spoke about extending the utility to various education entities and outlined what the School Board's requirements will be for the co,ming years. He noted they have a rough implementation plan they would like to present to the School Board. The commissioners voiced support for IS to discuss a potential partnership with the Okaloosa County School Board. HUMAN RESOURCES - REQUEST TO ADD MARKETING MANAGER POSITION FOR TOURIST DEVELOPMENT DEPARTMENT Mrs. Kay Godwin, Human Resources (HR) Director, presented for consideration a request to add a Marketing Manager position in the Tourist Development Department (TDD) . The position will work with the TDD Director and staff to set strategic direction and manage the TDD's advertising, marketing, social media, website, and public relations initiatives. Currently, those duties are being performed by an individual employed through a temporary hire agency who will be leaving the assignment in the next several weeks. The proposed pay grade is 72 ($38,500.80 to $63,939.20). Mr. Parisot made motion, seconded by Mr. Harris, to approve. 5 yeas. HUMAN RESOURCES - REQUEST FOR TWO PART - TIME POSITIONS IN TOURIST DEVELOPMENT DEPARTMENT Mrs. Godwin stated TDD would like to reclassify one full-time position (Tourist Information Analyst) to two part - time positions (Research Associates) . The pay grade for the two part-time positions is N65: $11.54 - $19.15 per hour. Mr. Harris made motion, seconded by Mr. Parisot, to approve the request as outlined above. 5 yeas. OLD BUSINESS - SHERIFF'S TEEN DRIVER'S CHALLENGE BUDGET Major J.D. Peacock stated in October 2013 the budget for the Teen Driver's Challenge was first brought to the Board. It is funded by an additional assessment on traffic citations. He reported the Sheriff's Office has worked through the regulations on how this program is to be carried out. Major Peacock said Sergeant Mark Raiche will present a short update on the program. March 18, 2014 - 16 - Minute Book 70, Page 297 Okaloosa County Board of County Commissioners Packet Pg. 108 Sergeant Raiche reported teen drivers between the ages of 15 and 19 are three times more likely to be involved in a crash. The fatality rate for teens is high and the potential for crashes increases dramatically when the driver is distracted. The first teen driver challenge program began in May 2011 and since that time there have been 337 teens to receive training in the program. Sergeant Raiche stated this is a one-on-one training program, pointing out there are 49 deputies certified as instructors. He announced the Okaloosa County program has been recognized and recommended as a training program for other entities initiating this program. Sergeant Raiche said 31 deputies from other counties have been trained as instructors by Okaloosa County. He briefly spoke about the mobile unit, an interactive simulator and videos for YouTube and other social media. Upon inquiry by Mr. Pari sot, Major Peacock stated the program offered in the public school system is a basic curriculum on the rules of the road and the Teen Driver Challenge administered by the Sheriff's Office is an advanced class in a real world scenario. Mr. Harris made motion, seconded by Mr. Amunds, to approve the Sheriff's Teen Driver's Challenge budget as presented. 5 yeas. OLD BUSINESS - SCHOOL BOARD'S TEEN DRIVER'S CHALLENGE BUDGET Mr. Parisot made motion, seconded by Mr. Boyles, to approve the School Board's Teen Driver's Challenge budget. 5 yeas. OLD BUSINESS - APPROVAL OF CONTRACT FOR COUNTY ATTORNEY SERVICES WITH NABORS, GIBLIN & NICKERSON Mr. Harris made motion, seconded by Mr. Parisot, to approve the contract for County Attorney services with Nabors, Giblin & Nickerson and to authorize the Chairman to execute same. Mr. Parisot referred to Paragraph 3.4 Invoices for Extraordinary Services consisting of Matters Exceeding 10 Hours in Work and asked for examples. Mr. Greg Stewart of Nabors, Giblin & Nickerson, cited examples associated with the Water & Sewer Department: the privatizing of the Eglin utilities system and the Shoal River property. The vote was taken-5 yeas. March 18, 2014 - 17 - Minute Book 7 0, Page 298 Okaloosa County Board of County Commissioners Packet Pg. 109 NEW BUSINESS - PROCLAMATION FOR BOYS & GIRLS CLUB WEEK Mr. Amunds made motion, seconded b y Mr. Parisot, to designate March 23 - 29, 2014 as Boys & Girls Club Week in Okaloosa County. 5 yeas. EXECUTIVE SESSION - PROPOSED SETTLEMENT AGREEMENT Mr. Greg Stewart, Special Counsel with Nabor, Giblin & Nickerson, stated an Executive Session was held this morning to discuss a proposed settlement with regard to the Sandman LLC vs Don Am unds , et al litigation. He advised the proposed settlement agreement is subject to court ratification and giving a long - term contract for beach cleaning to Sandman which will then dismiss the case with prejudice. Mr. Boyles made motion, seconded by Mr. Harris, to approve the settlement agreement as proposed by the plaintiff. Mr. Parisot stated he will vote against the motion because it violates the Purchasing Policy. He said the last action of the Board in October was to reject all bids and to re - bid. Mr. Harris remarked that he is torn between what Mr. Parisot has said and feeling strongly that we should bite the bullet and move on. Mr. Amunds said he cannot support the action at this time and referred to the county policy. He said if the Board wants to make modifications to the policy, he would consider the settlement at that point. The vote was taken- 2 yeas, 3 nays. (Mr. Parisot, Mr. Amunds, and Mr. Windes voted no. ) Motion fails for lack of a majority vote. Mr. Stewart referred to the Boards action taken on February 18, 2014, and asked for clarification on that motion. He asked if the intent of the motion was to allow legal counsel to resolve the issue with Sandman in conformity with policy. Mr. Pari sot replied that was his understanding and made motion, seconded by Mr. Amunds, that to the extent there is any ambiguity of the motion of February 18, 2014, the intent relating to this settlement is for the counsel for the county to work with Sandman's counsel in conformity with policy. Mr. Boyles pointed out he was the mover of that motion and it is his belief the motion of that meeting is captioned and contained in the proposed settlement agreement. The vote was taken- 3 yeas, 2 nays. (Mr. Boyles and Mr. Harris voted no.) March 18, 2014 - 18 - Minute Book 70, Page 299 Okaloosa County Board of County Commissioners Packet Pg. 110 PUBLIC COMMENTS None. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 11:10 a.m. DON W. HOWARD CHARLES K. WINDES, JR., CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS (These minutes were transcribed by Teresa Ward.) March 18, 2014 - 19 - Minute Book 70, Page 300 Okaloosa County Board of County Commissioners Packet Pg. 111  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Kay Godwin SUBJECT: Kelly Services Contract Amendment DEPARTMENT: Human Resources BCC DISTRICT: ALL STATEMENT OF ISSUE: Request approval to amend the current contract with Kelly Services, temporary staffing agency. BACKGROUND: The original contract does not include a Motor Vehicle Release and Indemnification Form for temporary employees, assigned by Kelly Services, to operate County owned motor vehicles. The amendment will enable temporary employees, assigned by Kelly Services, to operate a County motor vehicle during the course of their assignment if needed. Also included is an updated rate sheet. The changes include: 1) reduction in the cost for Criminal County Felony & Misdemeanor checks from $9.11 to $6.96; 2) addition of the cost associated with running driving record history checks as a result of the included contract modification and as required by County policy; and 3) adding language to allow for the payment of the varying administrative fees associated with running Criminal County Felony & Misdemeanor checks. The current contract states that the administrative fee associated with the Criminal County Felony & Misdemeanor checks will vary from county to county. With over 3,000 counties nationwide, it is practically impossible to determine the administrative fee associated with each and provide that documentation for approval. Under the current contract, the Clerk of Court will not pay for these administrative fees because they are not specifically listed within the contract language. The updated language is intended to request approval to pay the varying administrative fees incurred by Kelly Services that are then passed on to the County. These administrative fees for Criminal County Felony & Misdemeanor checks are not to exceed $25.00 per name and per county. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Staff is requesting Board authorization to amend the Kelly Services contract by adding the motor vehicle driver release and indemnification and the revised schedule of rates to the current Kelley Services contract. Staff is also requesting Board approval to pay the varying administrative fees incurred by Kelly Services to complete Criminal County Felony & Misdemeanor checks in an amount not to exceed $25.00 per name and per county, in addition to the costs to run driving record history checks, drug screens and sex offender registry checks. Packet Pg. 112 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 113 Packet Pg. 114 Packet Pg. 115 Packet Pg. 116 Exhibit A (revised 2014) The following is a schedule of rates for Okaloosa County Standard Mark-Up 1.574 Payroll Service Mark-Up 1.412 Light Industrial 1.633 Direct Placement/Conversion Fee 15% of annual salary Screenings: All employees are e-Verified Drug Screen, 5 panel = $23.00 Criminal County Felony & Misdemeanor (High/Low Courts) 7 yr. = $6.96 per name and per county* *Some counties may charge an additional administrative fee for this service. This fee is incurred by Kelly and is an additional cost to the County. This administrative fee is not to exceed $25.00 per name and per county. Sex Offender Registry, National Standard = $3.00 Motor Vehicle Release (MVR) = $4.30 Packet Pg. 117  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Vanderhoek SUBJECT: Gator Boring Task Order 2 Invoice Approval DEPARTMENT: Information Systems BCC DISTRICT: All STATEMENT OF ISSUE: The Board is requested to approve payment of Gator Boring & Trenching, Inc. Invoice #5376 in the amount of $10,423.00. BACKGROUND: Gator Boring & Trenching, Inc. Task Order 2 on Contract C14-2094-WS was approved in the amount of $8,923.00 for directional boring. Before the task order was written, work efforts were coordinated between County departments for hand trenching within the fenced area of the work location. However, when the work was to commence the planned labor force was not available. With limited Information Systems staff and lack of other resources, and in order to stay on time with this fiber optic project, the work proceeded with Gator Boring digging the trench by hand, which resulted in the invoice exceeding the task order amount of $8,923.00 by $1,500.00. It should be noted that this was not an emergency purchase and, therefore, the Purchasing Policy guidelines for such a purchase were not applicable. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve for payment Gator Boring & Trenching, Inc. #5376 in the amount of $10,423.00. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 118  CONTRACT/LEASE PAYMENT APPROVAL FORM COMPLETE AND FORWARD TO THE NEXT DEPARTMENT ill =m COMPLETED BY DEPARTMENT DATE: __ 04__1__ 0 __ 1/__ 14_ _____ VENDOR NAME: Gator Boring & Trenching. Inc. VENDOR#: CONTRACT/LEASE #: C14-2094-WS -~------------------- VENDOR TASK COUNTY IFEMA BUDGET ACCOUNT # AMOUNT $ INVOICE # ORDER # PROJECT # DEPARTMENT # I (If Applicable) (If Applicable) 5376 2 01115 546155 $10.423.001 02128114 TOTAL $10.423.00 APPROVED FOR PROGRESS PAYMENT (please si~n. as aJ?J2licab/e and date) CONTRACTOR'S ENGINEER/ARCHITECT/PROJECT MANAGER: _ _ _ _ _ _ _ _ _ _ __ DATE: ___________ DATE: ___________ COUNTY SUPERVISORIPROZ7.A G E W DEPARTMENT DiRECTOR, ~ ~k<2, DATE: ,')i~I/~'1 CONTRACTS&GRANTSMANAGER: __________~_______________________ DATE: _________ COUNTY ADMINISTRATOR: ______________.______________~_______ DATE: ___________ (Payments $25,000.) FINAL PAYMENT FINAL PAYMENT YES c=J NO ~ (If''Yes'',forwardtoPurchasingServicesCoordinator/orClose-Out) DATE: _________ PURCHASING DIRECTOR: (Per initial Agreement) DATE: _________ CONTRACTS & GRANTS MANAGER: (AI! Contracts) DATE: _________ COUNTY ADMINISTRATOR APPROVAL: __________________________ (per h,iltal Agramellli DATE: _______ BOARD APPROVAL: ______________ ~ __________________________ . . .(Pel' . :....................m initial Agreement) . COMPLETED BY FINANCE - ACCOUNTS PAYABLE ONLY FISCAL YEAR: _____ DATE RECEIVED: ______________ REVIEWED BY: ______________________________ Packet Pg. 119  Gator Boring & Trenching, Inc. 1800 Blackbird Lane Pensacola, FL 32534-9325 INVOICE INVOICE DATE: 2128/14 Phone: (850) 477-0742 Fax: (850) 477-0743 www.gatorboring.com INVOICE NUMBER: 5376 SOLD Okaloosa County Information Systems SHIP Contract: C14-2094-WS TO: 1804 Lewis Turner Blvd., Suite 402 TO: Task Order: Shalimar Fort Walton Beach, FL 32547 Eglin Parkway Shalimar, FL CUSTOMER 10 PURCHASE ORDER PAYMENT TERMS WORK ORDER 579 Net 30 days I QUANTITY I ITEM DESCRIPTION I UNlf PRICE I EXTENSION 650.00 DB2 Directional Bore & Place 2" HOPE 11.42 7,423.00 1.00 Tie Into Existing Box, Set & Tie Into Owner Provided Box 1,500.00 1,500.00 1.00 Additional Hand Dig to Install 60' Of Conduit 1,500.00 1,500.00 We Accept MasterCard and Visa SUBTOTAL: 10,423.00 SHIPPING: 0.00 TAX: 0.00 OTHER: 0.00 TOTAL 10,423.00 ..... Packet Pg. 120  Okaloosa County Information Systems Miscellaneous Subsurface Utility Bores Contract Number C14-2094-WS CONTRACT #: C14-2094-WS TASK ORDER #: '" Shalimar TASK ORDER AMOUNT: $ 8.923 OFFERED BY CONSULTANT: Gator Boring & Trenching, Inc. FIRM'S NAME Craig Heckman REPRESENTATIVE'S PRINTED NAME ~./f4Ml SIGNATURE r;r'!I~ General Manager TITLE DATE RECOMMENDED FOR APPR~~ APPROVED BY OKALOOSA COUNTY (Department Director),<:?O (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. SIGNATURE PURCH G DIRECTOR 0, R&clYte , .,LNF<;,£.m,tllQtV S Yc:.S,&mS TITLE DATE DATE COUNTY ADMINISTRATOR (if applicable) CHAIRMAN (if applicable) DATE DATE 1 Packet Pg. 121  Okaloosa County Information Systems Miscellaneous Subsurface Utility Bores Contract Number C14-2094-WS TASK ORDER Shalimar THIS TASK ORDER IS ISSUED PURSUANT TO THE AGREEMENT FOR MISCELLANEOUS SUBSURFACE UTILITY BoRES DATED OcTOBER 7, 2013 BETWEEN THE COUNTY OF OKALOOSA COUNTY, FLORIDA AND GATOR BORING & TRENCHING, INC., WHICH IS INCORPORATED HEREIN BY THIS REFERENCE, WITH RESPECT TO Scope of Basic Services for Okaloosa County Information Systems Miscellaneous Subsurface Utility Bores Article A. Purpose: The purpose of this Task Order is to authorize and direct the CONTRACTOR (Gator Boring & Trenching, Inc.) to proceed with construction services for providing subsurface utility boring and utility installations services for the Okaloosa County Water and Sewer Department (OWNER). The' activities that are included are described in "Article B. Scope of Services." Article B. Scope of Services: The CONTRACTOR agrees to perform technical and construction related services in accordance with contract C14 - 2094 - WS, dated October 7,2013 that has been identified for Okaloosa County Water and Sewer System Subsurface Utility Bore Projects (PROJECT), as requested by the Owner's representative. The services that the CONTRACTOR agrees to furnish as part of this Task Order indude, but are not limited to locating, verifying the location, excavation, material, boring, backfill, compaction, site restoration, erosion control, traffic control, record documentation and other associated work as referenced in the contract speCifications. Specific work, material type, material quantities, completion time associated with this tasks that have been verified by the Owner's representative are presented in "Attachment(s)" to this task order. Article C. Compensation Provisions: Directional Bore and place 650' If of 2" HOPE @ $5.71 per inch = $11.42 per If $ 7,423 Tie into existing box, set and tie into owner provided box $1,500 Total $ 8,923 As compensation for providing the services described within this Task Order, the OWNER shall pay the CONTRACTOR in accordance with Artide 2 of the October 7, 2013, Agreement, based on the Contractor's Bid Proposal Sheets for the actual work completed and accepted by the OWNER on the Project Article D. Period of Service: The schedule for the Project(s) within this Task Order shall be in accordance with Article 4 of the October 7, 2013 Agreement and is as follows: Work should be completed within 3 working days from the date of commencement. Authorization to Proceed Project Completion Date 2 Packet Pg. 122  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: State Aid to Libraries Grant Amendment DEPARTMENT: Library Cooperative BCC DISTRICT: All STATEMENT OF ISSUE: The Okaloosa County Public Library Cooperative (OCPLC) wishes to notify the Board that the Department of State requires an amendment to execute the approved FY2013- 2014 State Aid to Libraries Grant to OCPLC. BACKGROUND: The amendment adds minor language to specify a "deliverable" and to include a project invoice to receive the grant. This change is due to new requirements by the federal government. State Aid to Libraries grants come from federal LSTA funds provided to the State. The "deliverable" is that the Cooperative has at least one library location open a minimum of 40 hours per week. Every library in the Cooperative is open more than 40 hours per week. This was already documented to the State in the OCPLC annual report of December 2013 that the State Library considers "Part 2" of the State Aid application process. Commissioner Boyles, as chair of the OCPLC governing board, is the required official signature for the amendment. The Cooperative Coordinator is approved by the State Library as a signing official for the project invoice. The State Aid amount for FY 2013-2014 is $94,700. Due to the delay precipitated by requiring this amendment of every grant recipient, all funds will be provided in a single payment rather than two payments as has been done in the past. State Aid is a continuing state grant authorized by Chapter 257, Florida Statute. RECOMMENDATION: Staff recommends Board review the amendment to the executed State Aid Library Grant agreement. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 123  PROJECT NUMBER: 14-ST-47 Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT AMENDMENT NUMBER 1 TO THE GRANT AGREEMENT AMENDMENT TO THE GRANT AGREEMENT BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the DIVISION, and the GRANTEE: Okaloosa County Public Library Cooperative Governing Board for and on behalf of Okaloosa County Public Library Cooperative the PROJECT: State Aid to Libraries Grant The parties entered into a grant agreement dated 2/11/2014, for implementation of a State Aid to Libraries Grant. The parties now mutually desire to amend certain terms and conditions of the grant agreement. In consideration of the covenants contained herein, it is agreed as follows: 1. All sections of the original grant agreement not specifically amended by this or a prior written amendment and all prior written amendments are hereby reaffirmed. 2. The grant agreement is hereby revised as follows: I. The GRANTEE agrees to: a. Provide the following as grant deliverables: Have at least one library, branch library or member library open 40 hours or more each week. II. The DIVISION agrees to: c. To distribute grant funds in one payment. The payment will be requested by the DIVISION from the Chief Financial Officer upon execution of the amendment. Packet Pg. 124  3. This amendment shall be effective upon execution. This amendment is executed and entered into __________________________________________. WITNESSETH: THE GRANTEE THE DIVISION _____________________________________ _______________________________________ Signature of Authorized Official Judith A. Ring, Director Division of Library and Information Services Department of State, State of Florida ____________________________________ Typed Name and Title of Authorized Official _____________________________________ ____________________________________ Witness Witness ______________________________________ _______________________________________ Witness Witness 3/14 Packet Pg. 125  Invoice for Payment Grantee: Okaloosa County Public Library Cooperative Project Number: 14-ST-47 Project Name: State Aid to Libraries Grant Invoice Amount: $94,700 Dates of Service: October 1, 2013 – March 31, 2014 Deliverables: Have at least one library, branch library or member library open 40 hours or more a week. Documentation: Documentation showing that at least one library, branch library or member library is open 40 hours or more a week. I certify that the deliverable has been met. __________________________ Name __________________________ Name (typed) ___________________________ Date Packet Pg. 126  lnstr # 29007 · AM ~3 99 BK· 3129 PG:3758,Page Recorded 12/1712013 atR0~26RDING ARTICLE V: $52.00 RECORDING: $60.00 CONTRACT ·3-1 018-LIB OKALOOSA COUNTY PUBLIC LIBRARY COOP INTERLOCAL OPERATING AGREEMENT EXPIRES: 12/31/2014 DEPUTY CLERK KSCHOOL::~·~URTS OKALOOSA COUNTY FL DON W HOWARD CLERK v Okaloosa County Public Library Cooperative lnterlocal Agreement This Agreement is entered into among Okaloosa County, hereinafter referred to as the "County," and the municipalities of Crestview, Destin, Fort Walton Beach, Mary Esther, Niceville, and Valparaiso, hereinafter referred to as "Participating Municipalities," each a municipal corporation located in Okaloosa County, WHEREAS, Chapter 163, Florida Statutes, Intergovernmental Programs, Part I, Miscellaneous Programs, Section 163.01, The Florida lnterlocal Cooperation Act of 1969, provides that public agencies of the State of Florida may exercise jointly with any other public agency of the State of Florida any power, privilege, or authority which such agencies share in common, and which each might exercise separately; and that a joint exercise of power by such agencies may be made by contract in the form of an interlocal agreement; and, WHEREAS, Chapter 125, Florida Statutes, subsection 125.01(f), authorizes the County to provide libraries and cultural facilities and programs; and, WHEREAS, Chapter 166, Florida Statues, subsection 166.021(1), authorizes municipalities to render municipal services, and exercise any power for municipal services, and exercise any power for municipal purposes, except when expressly prohibited by law; and, WHEREAS, the County and the Participating Municipalities desire to cooperate in a countywide agreement to provide public library services without charge in Okaloosa County; and, WHEREAS, the County is an eligible political subdivision under Chapter 257.17, Florida Statutes, that can participate in the State Aid to Libraries Program and is designated as the single administrative unit that can designate a governing body for countywide library service; THEREFORE, the parties agree as follows: 1. PURPOSE: The County and Participating Municipalities agree to cooperate, pursuant to the terms ofthis lnterlocal Agreement, in the operation of a countywide public library cooperative in Okaloosa County. In particular, it is the express purpose of the Agreement to provide for the coordination of library service throughout the legal service area of the COOPERATIVE; to provide for equal access to free (without charge) public library service in the Cooperative service area; and to formulate and implement consistent plans, programs, policies and procedures in the operation, maintenance and development of library service throughout the legal service areas of the participating entities. Packet Pg. 127  () 2. DEFINITIONS: a) "Cooperative" shall mean the Okaloosa County Public Library Cooperative. b) "Cooperative Coordinator" shall mean the employee of the Okaloosa County Public library Governing Board who administers Cooperative headquarters and coordinates Cooperative activities and who meets the requirements and carries out the duties of the single administrative head as defined in 1B-2.011(3)(d), Florida Administrative Code. c) "County" shall mean Okaloosa County, a political subdivision of the State of Florida. d) "Crestview" shall mean the City of Crestview, a municipal corporation located in Okaloosa County, FL, that operates the Robert L. F. Sikes Public Library. e) "Destin" shall mean the City of Destin, a municipal corporation located in Okaloosa County, FL, that operates the Destin library. f) "Directors Council" shall mean a council whose membership will include the library director of each participating library and other appointments as outlined in the Library Cooperative Bylaws. g) "Fiscal Year" shall mean budget year October 1-September 30. h) "Fixed Assets" is defined by the county as all property with value of $1,000 or more purchased under the equipment control account, as amended from time to time. Fixed Assets shall be in accordance with Board directives, Florida Statutes, and the Rules of the Auditor General. i) "Fort Walton Beach" shall mean the City of Fort Walton Beach, a municipal corporation located in Okaloosa County, FL, that operates the Fort Walton Beach City Library. j) "Governing Board" shall mean the governing body of the Okaloosa County Public Library Cooperative as empowered pursuant to the Agreement. k) "Mary Esther" shall mean the City of Mary Esther, a municipal corporation located in Okaloosa County, FL, that operates the Mary Esther Public library. I) "Niceville" shall mean the City of Niceville, a municipal corporation located in Okaloosa County, FL, that operates the Niceville Public Library. m) "Participating Governing Body" shall mean the governing body of Okaloosa County, the governing bodies responsible for the decision and policy making activities of Participating Libraries and the governing bodies of Participating Municipalities without Libraries. n) "Participating Library" shall mean any of the libraries or library services located within Okaloosa County that have entered into this Agreement. e.} "Service Area" shall mean all eligible residents of Okaloosa County p) "Valparaiso" shall mean the City of Valparaiso, a municipal corporation located in Okaloosa County, FL., that operates the Valparaiso Community Library. 3. This Agreement shall constitute the entire agreement of parties hereto and of the Okaloosa County Public Library Cooperative. There are no promises, representations, or warranties other than those set forth herein. This Agreement shall be binding upon the parties and successors in interest, in accordance with its terms. Modifications or amendments of the 2 Packet Pg. 128  Agreement shall be binding and valid when submitted in writing and approved by each Participating Governing Body and by the Governing Board, and executed on behalf of each Participating Governing Body and the Governing Board. 4. TERMS: The term of this Agreement shall commence and be effective on the date the last party signs the agreement or by January 1, 2014 whichever comes first, and shall end or be renewed December 31, 2014 unless terminated in accordance with the provisions of the Agreement or unless extended by supplemental Agreement subject to renewal and revision. Recognizing the Agreement crosses two fiscal years (FY2014 and FY2015) but monetary allocation is distributed in FY2014, the allocation for FY2015 will be based upon future appropriation by Okaloosa County Board of County Commissioners. 5. WITHDRAWAL AND TERMINATION: Any Participating Governing Body may withdraw from the Cooperative established by the Agreement, and thereby terminate its rights and responsibilities under the Agreement. Section 7 defines Dispensation of Property and Equipment. The termination and withdrawal shall be effective on the next succeeding December 31, and shall be accomplished by the giving of written notice of the withdrawal and termination to the Governing Board and to each Participating Governing Body on or before August 1 prior to the December 31 effective date of termination. 6. ADDITION OF NEW MEMBERS: a) Libraries: Any library within Okaloosa County may become a party to the Agreement and a member of the Okaloosa County Public Library Cooperative that meets the following minimum standards. (1) Be administered by a governing board responsible for the decision and policy making activities of the Participating Library. (2) Be an established library with the physical facilities to securely house a library collection. (3) Have an annual budget of at least $40,000 as verified by the latest independent audit report and a continJJous source of funding. (4) Submit a letter of intent for formal membership to the Okaloosa County Public Library Cooperative Governing Board prior to May 1 of the current fiscal year and obtain approval by each Participating Governing Body and execution and delivery of a counterpart original of the Agreement (as then in force), prior to August 1 of the current fiscal year. b) Upon satisfaction of these conditions, the proposed new Participating Library shall become a party to the Agreement and a member of the Okaloosa County Public Library Cooperative effective the next succeeding January 1, subject to all the provisions and obligations, and entitled to all the privileges and rights, accruing to all of the Participating Libraries under the Agreement. 3 Packet Pg. 129 7. DISPENSATION OF PROPERTY AND EQUIPMENT: Upon withdrawal or termination ofthe Agreement by any Participating Library (whether early termination or otherwise), all real property and equipment classified as fixed assets, defined in this agreement, purchased with federal funds by the Cooperative belongs to the Okaloosa County Public Library Cooperative and reverts to the Florida Department of State, Division of Library and Information Services (State Library) if the Cooperative ceases to exist. That library will be given a copy of its Marc Records in its current format at the time of termination. If the terminating library requests its records to be expunged from the Cooperative database, it will be done at the terminating library's expense. Materials and equipment purchased with local or grant funds other than federal Library Services and Technology Act grant funds, whether funds of a municipality or the County, shall remain the property of the Participating Library for which they were purchased, except in the case of any subsequent agreement or amendment to this Agreement. 8. GOVERNING BOARD: The name of the Governing Board shall be Okaloosa County Public Library Cooperative Board hereinafter called the Governing Board. Each Participating Governing Body that operates a Participating Library shall appoint one member to the Governing Board; the County shall appoint one member to represent the unincorporated area of the county. Each Participating Governing Body shall designate at least one alternate representative to act on its behalf during any absence. The office of Chair shall be assigned to the member representing the County. The Cooperative Coordinator shall be an ex officio (non-voting) member of the board. Board members will not be paid a salary or wages, but may be reimbursed for travel and per diem expenses in accordance with section 112.061, Florida Statutes. The Governing Board serves as the governing body for the Library Cooperative and has the following powers, duties and responsibilities: a) Managing the affairs of the Cooperative. b) Bylaws will be established by the Governing Board. c) There will be six or more open public meetings a year of the Governing Board. d) Adopt a long-range pJan and annual plans of service which are developed by-the Cooperative Coordinator and the Library Directors' Council to describe goals, objectives and activities of the Participating Libraries and the Participating Governing Bodies. e) Receive and disburse funds from the County, from state and federal grant sources, and from private donations, foundations, or other sources. f) Contract with the County to provide essential support services for the Library Cooperative. g) Contract for services consistent with the Cooperative's Long-Range Plan and Annual Plans of Service. h) Adopt and maintain a position description for and hire a Cooperative Coordinator through the established policies and procedures of the County. 4 Packet Pg. 130  0 0 9. STAFFING: The Cooperative Coordinator shall be hired by the County and shall have the following minimal qualifications: A Master's degree in Library Science from an American Library Association accredited university or college followed by two years of successful, full- time paid library experience in a public library open at least 40 hours a week. Cooperative staff members are employees of Okaloosa County, and their compensation and benefits will be in accordance with County policy. The Cooperative Coordinator, under the supervision of the Board, shall interview, select, supervise and recommend discharge of staff for the office of the Cooperative in accordance within established County policies. All paid staff of the Participating Libraries shall remain employees of the Participating Governing Bodies that operate each library and the Participating Governing Bodies shall retain all rights, responsibilities and powers associated with employment of staff. 10. POWERS, DUTIES AND RESPONSIBILITIES OF THE COOPERATIVE COORDINATOR: The Coordinator shall be accountable to the Board for overall administration of the Cooperative and implementation of policies, procedures and programs, as determined by the Board. The following activities, as a minimum, shall be carried out by the Coordinator for all Participating Libraries under the plans, policies, and budgets adopted by the Cooperative Governing Board, and they may not be delegated through lnterlocal agreements or any other service agreements: coordinate development of a single long-range plan for the Cooperative; coordinate development of a single annual plan of service; compile an annual combined expenditure report for application for State Aid by OCPLC, combining all Participating Libraries' expenditures, and the Cooperative's expenditures including any state or federal grants; implement the Cooperative long-range plan, annual plan of service, and annual budget; and prepare reports on behalf of the Cooperative and Participating Libraries as required by the Florida Department of State, Division of Library and Information Services. 11. LIBRARY DIRECTORS' COUNCIL: The Council will advise the Cooperative Governing Board on services, plans and policies for the Cooperative. The Council membership will include the library director of each participating library, the Cooperative Coordin-i!tor, and other appointments as deemed necessary by the Governing Board. The Council will hold at a minimum, one meeting per month, except in December. 12. STRATEGIC AND ANNUAL PLAN: The Cooperative Coordinator shall coordinate development and implementation of a strategic plan for the operation, maintenance and development of library services to the residents of the Cooperative Service Area. The strategic plan shall be developed in coordination with the Cooperative's Governing Board, the participating governing bodies, residents of the Service Area, and the Library Directors' Council. The plan shall be adopted by the Cooperative Governing Board and be maintained through a yearly update by the Cooperative Coordinator in coordination with the aforementioned parties. All authority with respect to funding of the strategic plan and of any other library program 5 Packet Pg. 131  0 0 or expenditure from Participating Library Governing Body funds shall lie solely with that Participating Library Governing Body. 13. ANNUAL BUDGET: The budget shall be developed along a fiscal year beginning October 1 and ending September 30 each year. The Cooperative budget shall be developed by the Cooperative Coordinator and shall take into account funds received from the County, state and federal governmental sources, except state construction grants, and all other revenue sources received to provide library service. The budget shall be adopted by the Cooperative Governing Board. 14. ACCEPTANCE OF GIFTS, GRANTS, FUNDS, OR BEQUESTS: The Governing Board, on behalf of the Cooperative, shall have the authority to apply for or receive gifts, grants, funds or bequests. The Board, through a Memorandum of Understanding, has designated the County as the fiscal agent to apply for or receive its funds from all sources. The Governing Board shall follow the standard operating procedure for grant applications as defined by the County. Municipalities shall retain the authority to apply for state construction grants and to receive gifts, funds or bequests intended for use solely at an individual Participating Library. All monies, property or funds granted to the Cooperative shall be the property of the Cooperative, subject to termination provisions as set forth in this Agreement. Any monies, property, or funds granted to municipalities for the benefit of a Participating Library shall remain the property of the Participating Library: 15. FISCAL RESPONSIBILITY: All funds administered by the Cooperative Coordinator shall be audited with the County's independent audit annually, which audit shall be prepared and presented to the Governing Board. Upon request, the Cooperative Coordinator shall furnish to each Participating Governing Body, within thirty (30) days following the previous period a written quarterly report regarding the use and expenditure of funds under the control of the Cooperative. Reports shall include quarterly revenues by source and expenditures by object code, year-to-date e2<penditures by object code, and the balance for the fiscal year; form to be determined by the Cooperative. Upon request, the governing body of each Participating Library shall furnish to the Cooperative Coordinator, within thirty {30) days following the previous period, a written quarterly report regarding the use and expenditure of funds, as they relate to library functions, under the control of the Participating Governing Body. Reports shall include quarterly revenues by source and expenditures by object code, year-to-date expenditures by object code, and the balance for the fiscal year; form to be determined by the Cooperative. 16. APPROPRIATION OF PARTICIPATING MUNICIPALITY FUNDS: There is reserved to the Participating Municipalities the sole and exclusive discretion to determine the amount of annual appropriations from their own revenues and sources for the provision of library 6 Packet Pg. 132  0 0 services. However, minimum support at the level of funding appropriated prior to entering the Cooperative is recommended for Participating Municipalities. Subject to that reservation, Participating Municipalities agree to expend funds using the Okaloosa County Public Library Cooperative Strategic Plan as a guide for library service development. 17. APPROPRIATION AND ALLOCATION OF OKALOOSA COUNTY FUNDS: The County shall provide $513,600 for the period beginning October 1, 2013 and ending September 30, 2014. The amount to be provided by the County will be determined by the approved county budget with the basic agreement being revised by amendment accordingly. The Cooperative's Governing Board shall disburse funds received by the County's allocation as follows: a) Twenty percent (20%} of the monies allocated by the County shall be used for Administrative and Outreach Services for the Cooperative. b) The remaining funds, eighty percent (80%), allocated by the County shall be distributed to Participating Municipalities with Libraries according to the following guidelines and formula: • Construction funds are expressly prohibited. • Spending calculations and productivity statistics shall be based on those from two years prior to the allocation period. • Spending shall mean total audited expenditures of a library excluding funds allocated from the Cooperative. • Percentages shall be derived from totaling statistics of the member municipal libraries. (1) Thirty percent (30%} divided equally among participating municipalities with libraries (2) Fifty percent (50%) based on productivity, which consists of circulation, internet usage, and transits lost. (3) Ten percent (10%) based on funds expended through the library budget on personnel/staffing, which includes salary and benefits. (4) Ten percent (10%) will be based on funds expended through the library budget on collection, which includes books, AV materials, databases, and periodicals. Distribution shall be based on submittal of annual operating costs with descriptive codes in accordance with the state chart of accounts. Funds received by the Cooperative shall be disbursed within a reasonable time (not to exceed 90 days) after receipt. The disbursement formula shall be reviewed by the Governing Board for modifications deemed appropriate following review of data collected indicating the number of users for each library and/or use of each library's collection. Any change to the allocation formula will require a modification or amendment to this Agreement and execution by each Participating Governing Body. c) The County shall provide an additional allocation this fiscal year which shall be used to offset increased administrative costs imposed upon or provided to the cooperative by 7 Packet Pg. 133  0 0 the County and shall not be subject to the funding formula in paragraphs a) and b) above. Said amount shall be equal to the increased administrative costs imposed by the County. 18. LIBRARY USE: Participating Libraries shall monitor library card registration and circulation by patrons who are not residents of the city in which the library is located by preparation of statistical reports of library items circulated by statistical classes to be established by the Cooperative, on a quarterly basis. 19. ADDITIONAL RESPONSIBILITIES OF PARTICIPATING GOVERNING BODIES: Participating Governing Bodies shall abide by all state and federal laws, and specifically those relating to the provision of library services; Participating Governing Bodies shall retain local autonomy and control of the operations and functions of its participating library, except where Participating Governing Bodies have ceded authority to the Cooperative Governing Board through this agreement. 20. SOVEREIGN IMMUNITY: The parties further agree that nothing contained herein is intended to nor shall be construed a waiver of County's, Crestview's, Destin's, Fort Walton Beach's, Mary Esther's, Niceville's, or Valparaiso's rights and immunities under Florida Constitution, common law or Florida Statutes 768.28 as amended from time to time. 21. INSURANCE: The Cooperative and Participating Governing Bodies shall provide, pay for, and maintain in force at all times during this Agreement insurance to cover its respective buildings, contents and vehicles, workers' compensation, liability and any other insurance required by law. 22. MODIFICATION OF AGREEMENT: Modifications, amendments, or alteration of the terms or conditions contained herein shall be effective when submitted in a written document executed by the parties hereto, with the same formality, and of equal dignity herewith. 23. NOTICE: All notices, demands, or other writings required to be given or made or sent in this Agreement, or which may be given or made or sent, by any party to the other, shall be deemed to have fully given or made or sent when in writing and addressed to: CITY OF CRESTVIEW CITY OF DESTIN CITY OF FORT WALTON BEACH MAYOR CITY MANAGER CITY MANAGER City of Crestview City of Destin City of Fort Walton Beach P. 0. Box 1209 4200 Indian Bayou Trail 107 Miracle Strip Parkway Crestview, FL. 32536 Destin, FL. 32541 Fort Walton Beach, FL. 32549 8 Packet Pg. 134  0 CITY OF MARY ESTHER CITY OF NICEVILLE OKALOOSA COUNTY CITY MANAGER CITY MANAGER COUNTY ADMINISTRATOR City of Mary Esther City of Niceville 1804 Lewis Turner Blvd. 195 Christobal Road 212 Partin Drive Suite 400 Mary Esther, FL. 32569 Niceville, FL. 32578 Fort Walton Beach, FL. 32547 CITY OF VALPARAISO CITY CLERK City of Valparaiso 465 Valparaiso Parkway Valparaiso, FL. 32580 24. ENTIRE AGREEMENT: This Agreement embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein. If any provision herein is invalid, it shall be considered deleted therefore, and shall not invalidate the remaining provision. 25. GOVERNING LAW: The parties intend that this Agreement and the relationship of the parties shall be governed by the laws of the State of Florida. Venue for any action arising out of this Agreement between the parties shall be exclusively in Okaloosa County, Florida and nowhere else. IN WLT~ESS WHEREOF, the parties hereto have made and executed this Agreement on the under each signature. Mayor, City of Crestview Thisdtt'day of /..)ffi'VIt~./ , 2013 It ~- This~ day of Y)~~. 2013 9 Packet Pg. 135  0 0 CITY OF FORT WALTON BEACH ATTES~ r/c.w, ~ ,> ~W f4:r CfM_ Mayor, City of Fort Walton Beach (Titl•> Thi~dayof ~y ,2013 Mayor, City of Mary Esther Thisl.Lday of /Y.AveW= ?~013 Mayor, City of Niceville (Title): This ~ay of Not'~ '2013 COOPERATIVE GOVERNING BOARD Chairman, Okaloosa County Public Library Cooperative (Title): This 2.J day of l>eo,,..b,r , 2013 10 Packet Pg. 136  0 0 OKALOOSA COUNTY Chairman, Okaloosa County Board of C?unty Commissioners (Title): This~ayof •IJJ..~13 County Attorney 11 Packet Pg. 137  0 APPENDIX A The Florida Statutes Title XVIII Chapter 257 PUBLIC LANDS AND PUBLIC LIBRARIES AND STATE PROPERTY ARCHIVES 257.261 Library registration and circulation records.-- (1) All registration and circulation records of every public library, except statistical reports of registration and circulation, are confidential and exempt from the provisions of s. 119.07(1) and from s. 24(a) of Art. I of the State Constitution. (2) As used in this section, the term "registration records" includes any information that a library requires a patron to provide in order to become eligible to borrow books and other materials, and the term "circulation records" includes all information that identifies the patrons who borrow particular books and other materials. (3)(a) Except in accordance with a proper judicial order, a person may not make known in any manner any information contained in records made confidential and exempt by this section, except as otherwise provided in this section. (b) A library or any business operating jointly with the library may, only for the purpose of collecting fines or recovering overdue books, documents, films, or other items or materials owned or otherwise belonging to the library, disclose information made confidential and exempt by this section to the following: 1. The library patron named in the records; 2. In the case of a library patron less than 16 years of age, the parent or guardian of that patron named in the records; 3. Any entity that collects fines on behalf of a library, unless the patron is less than 16 years of age, ill which case only information identifying the patron'scparent or guardian may be released; 4. Municipal or county law enforcement officials, unless the patron is 16 years of age, in which case only information identifying the patron's parent or guardian may be released; or 5. Judicial officials. (4) Any person who violates this section commits a misdemeanor of the second degree, punishable as provided ins. 775.082 or s. 775.083. History.--s. 1, ch. 78-81; s. 1, ch. 89-18; s. 1, ch. 96-220; s. 112, ch. 96-406; s. 1, ch. 2003-13; s. 6, ch. 2003-126. 12 Packet Pg. 138 Effective 5/15/2012 0 APPENDIX B CONTRACT# C12-1959-LIB OKALOOSA LIBRAHV COOPERATIVE FISCAL AGENT MOU EXPIRES: INDEFINITe Mernorandwn of Understanding (MOU) between The Okaloosa County Public library Cooperative and The Board of County Commissioners of Okaloosa County, Florida This is an agreement between The Okaloosa County Public Library Cooperative, hereinafter referred to as The Cooperative and the Board of County Commissioners of Okaloosa County, Florida, hereinafter referred to as The Board. The purpose of this :MOU is to idemify The Board as the fiscal agent for The Cooperative and to grant them the authority to receive and disburse funds from Okaloosa Coumy, from state and li:deral grant sources, from priYate donations and foundations and from any other sources. The G(;ve~ing Board shall follow the standard operating procedure for grant applications as defined by the County. This ;\10U shall be effective upon the si&•natures of The Cooperatives and the Boards authorized ofl!cials. It shall be in force from d:ottc of sign;i.lure unless suspended by agn;cment of. both in subsequent :\10U. Bill Roberts, Chairman Okaloosa County Public Library Cooperative -~ ~ ~;-~-:··:~:\. ~~-----"--·"--- Don R. Amunds, Chairman \ >.. · ... Board of County Commissioners ·. ~---- / Attest: 13 Packet Pg. 139  Project Number: 14-ST-47 0. Okaloosa County Public Library 0 Cooperative Okaloosa County Florida Department of State, Division of Library and Information Services l I STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (GRANTEE) Okaloosa County Public Library Cooperative Governing Board Governing body for Okaloosa County Public Library Cooperative hereby makes application and certifies eligibility for receipt of grants authorized under Section 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. The Division, as administrator of state funds provided under Section 257, Florida Statutes. has approved an application for State Aid to Libraries Grant funds submitted by the GRANTEE. By reference, the application is hereby made a part of this agreement. Grant Purpose. This grant shall be based upon the following scope of work during Fiscal Year 2013-2014: The single library administrative unit, as an eligible political subdivision under 257.17 Florida Statutes, is responsible for managing or coordinating free library service to the residents of its legal service area. The library shall: 1. Have a single administrative head employed full time by the library's governing body; 2. Provide free library service, including loaning library materials available for circulationfree of charge, and providing reference and information services free of charge; 3. Provide access to materials, information and services for all residents of the area served; and 4. Have at least one library, branch library or member library operated by the library's governing body open 40 hours or more each week. The parties agree as follows: I. The GRANTEE agrees to: a. Provide the following as grant deliverables: 1. For payment number one: i. The amount of local funds expended during the second preceding local fiscal year for the operation and maintenance of the library and certification that the expenditures were for the operation and maintenance of the library. 2. For payment number two: i. A copy of the annual auditthat was done in accordance with the requirements of Section 215.97, Florida Statutes, Chapter 10.550, Rules ofthe Auditor General, and generally accepted accounting principles. b. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Page 1of 7 State Aid to Libraries Grant Agreement Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx Packet Pg. 140  0 0 i c. Expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. d. Provide the DIVISION with statistical, narrative, financial and other evaluative reports as I requested. ! e. Retain and make available to the DIVISION, upon request, all financial and programmatic records, supporting documents, statistical records, and other records for the l f. project. Retain all records for a period of five years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the five year period, the records shall be II retained until completion of the action and resolution of all issues which arise from it, or J until the end of the regular five-year period, whichever is later. lf g. Establish and maintain a proper accounting system in accordance with generally accepted accounting procedures. To use and maintain adequate fiscal authority, control, and .I. r accounting procedures that will ensure proper disbursement of, and accounting for, t ~ project funds. h. Perfonn all acts in connection with this agreement in strict confonnity with all applicable laws and regulations of the State of Florida. 1. Not use any grant funds for lobbying the legislature, the judicial branch, or any state agency. j. Hereby certify that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes, and affinns that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The GRANTEE further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State employee to avoid a potential violation of those statutes. k. Not discriminate against any employee employed in the perfonnance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The GRANTEE shall insert a similar provision in all subcontracts for services by this agreement. I. In the event that the grantee expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such GRANTEE, the grantee 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 ofthe Auditor Genera/. In detennining the state financial assistance expended in its fiscal year, the GRANTEE shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not ' I r include federal direct or pass-through awards and resources received by a nonstate entity ' I I for federal program matching requirements. I State Aid to libraries Grant Agreement Page 2of 7 I Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx Packet Pg. 141 I  0 0 In connection with the audit requirements addressed in part k, paragraph I, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules ofthe Auditor General. If the GRANTEE 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 GRANTEE 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 nonstate entity's resources (i.e., the cost of such an audit must be paid from the grantee's resources obtained from other than State entities). Information related to the requirements of Section 215.97, Florida Statutes, (the Florida Single Audit Act) and related documents may be found athttps://apps.fldts.com/tsaa. Copies of financial reporting packages required by this agreement shall be submitted by or on behalf of the GRANTEE directly to each of the following: I. The Department of State at the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough Street Tallahassee, Florida 32399-0250 2. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building Ill West Madison Street Tallahassee, Florida 32399-1450 m. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees: a. To provide a grant in accordance with the terms of this agreement in consideration ofthe GRANTEE's performance hereinunder, and contingent upon funding by the Legislature. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the state has no further liability to the GRANTEE beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant may be reduced accordingly. Page 3of7 State Aid to Libraries Grant Agreement Chapter 1B-2.o11(2)(a), Florida Administrative Code, Effective xx-xx-xxxx t Packet Pg. 142 t  0 b. To notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. c. To distribute grant funds in two payments. The frrst payment will be requested by the DIVISION ftom the Chief Financial Officer upon execution of the agreement. The remaining payment will be made by June 30. d. That any balance of unobligated cash that has been paid to the grantee may be retained for direct program costs in a subsequent period. Ill. The GRANTEE and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. If any matter arising out of this Agreement becomes the subject of litigation, venue shall be in Leon County. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in run force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. This agreement shall be terminated by the DIVISION because of failure of the GRANTEE to fulfill its obligations under the agreement in a timely and satisfactory manner unless the GRANTEE demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by GRANTEE shall be determined' by the DIVISION, based on the terms and conditions imposed on the GRANTEE in paragraphs I and Ill of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide GRANTEE a written notice of default letter. GRANTEE shall have I 5 calendar days to cure the default. If the default is not cured by GRANTEE within the stated period, the DIVISION shall terminate this agreement, unless the GRANTEE demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the GRANTEE's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the GRANTEE will be compensated for any work satisfactorily completed prior to notification of termination, if equitable. Page 4of7 State Aid to Libraries Grant Agreement Chapter 18-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx Packet Pg. 143  0 f The DMSION shall unilaterally cancel this agreement in the event that the GRANTEE refuses to allow public access to all documents or other materials made or received in regard to this agreement that are subject to the provisions of Chapter 119, Florida Statutes. GRANTEE agrees to immediately contact the DIVISION for assistance in the event that it receives a public records request related to this agreement or the grant the it awards. g. The DIVISION shaJJ not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. h. The DMSION shall not assume any liability for the acts, omissions to act or negligence of the GRANTEE, its agents, servants, or employees; nor shall the GRANTEE exclude liability for its own acts, omissions to act, or negligence to the DIVISION. In addition, the GRANTEE hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the GRANTEE. i. The GRANTEE, other than a GRANTEE which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. J. The GRANTEE shall be responsible for all work performed and all expenses incurred in connection with the project. The GRANTEE may subcontract as necessary to perform the services set forth in this agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved by the DIVISION, such approval not to be unreasonably withheld, and provided that it is understood by the GRANTEE that the DIVISION shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. k. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. I. The GRANTEE, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, GRANTEE is not entitled to accrue any benefits of state employment, including retirement benefits, and any other rights or privileges connected with employment in the State Career Service. GRANTEE agrees to take such steps as may be necessary to ensure that each subcontractor of the GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DMSION. Page 5of7 State Aid to Libraries Grant Agreement Chapter 1B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx Packet Pg. 144  0 r [ l i I m. The GRANTEE shall not assign, sublicense, nor otherwise transfer its rights, duties, or ~ ~ obligations under this agreement without the prior written consent of the DIVISION, whose lt consent shall not unreasonably be withheld. The agreement transferee must demonstrate g compliance with the requirements of the program. Ifthe DIVISION approves a transfer of the GRANTEE's obligations, the GRANTEE remains responsible for all work performed ! I and all expenses incurred in connection with the Agreement. In the event the Legislature i transfers the rights, duties, or obligations of the Department to another governmental entity r' ~ ~ pursuant to Section 20.06, Florida Statures, or otherwise, the rights, duties, and obligations under this agreement shall also be tmnsferred to the successor government entity as if it 'f, l were an original party to the agreement. l ! n. This agreement shall bind the successors, assigns, and legal representatives of the i ' ~ GRANTEE and of any legal entity that succeeds to the obligation ofthe DIVISION. o. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the legislature. In the event that the state funds on which t ; this agreement is dependent are withdrawn, this agreement is terminated and the ~ I DNISION has no further liability to the GRANTEE beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant shall be reduced in accordance with Section 257.21, Florida Statures. l p. If the GRANTEE is in noncompliance with any term(s) of this grant agreement or any other grant agreement with the Division of Library and Information Services, the Division of Historical Resources or the Division of Cultural Affairs, the Division may withhold grant payments until the GRANTEE comes into compliance. Violation of a grant program requirement, including but not limited to failure to submit grant reports and other grant documents; submission of incomplete grant reports or other grant documents; or violation of other grant agreement requirements; shall constitute a basis for the Division to place the GRANTEE in noncompliance status with the Department of State. q. The Division shallapply the following financial consequences for failure to perform the duties I tasks requiredin the scope of work. Should the library fail to provide free library service to the public or be open fewer than 40 hours per week, it will no longer be eligible to receive State Aid Libraries grant funding, and its funding will be reduced to $0. r. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the GRANTEE, to its single library administmtive unit. In the event of a change of address, it is the obligation of the moving party to notifY the other party in writing of the change of address. Page 6of7 t State Aid to libraries Grant Agreement i Chapter 18-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx I f I Packet Pg. 145 l  0 0 I' ' i [ i IV. The term ofthis agreement will commence on the date of execution ofthe grant agreement. I ! l f~ THE DIVISION ,f' ll ~ t ~ Chair ofGovermng Body or f ! Chief Executive Officer Judith . Ring, Director I Division of Library and Information Services t f Department of State, State of Florida t 1 ~ r NJihap o. Boyles il r Typed Name Typed Name f f 2-11 ~ IY *r ~ i' I ~: I Date Date t ~· I• tI I !' ( i· ir !B i .,L_a_~ ' Gary J. Stanford------- Typed Name and Title of Official Division Witness f >· ~ > ~' Date i i l ! ! r' •~ f. ' t i ! l t I Page 7of 7 ''· State Aid to Libraries Grant Agreement Chapter 1B-2.Q11(2)(a), Florida Administrative Code, Effective xx~xx~xxxx Packet Pg. 146  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board SUBJECT: Sheriff's Teen Driver's Challenge Expenditure Request The Okaloosa County Sheriff's Office has submitted reimbursement receipts for the Teen Driver's Challenge funds as outlined in County Ordinance 11-17. Included in this agenda packet are a cover letter from the OCSO and an approval email from legal counsel. 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 Board of County Commissioners Finance Office 302 N. Wilson Suite 203 Crestview, FL 32536 Dear Sirs, Enclosed please find a summary sheet and copies of paid items reflecting the expenses for the OCSO Teen Driver Challenge Program. These expenses occurred from 10/01/13 through 12/31/13, but are not inclusive of all charges pertaining to the program. Please reimburse the Okaloosa County Sheriff’s Office in the amount of $15,220.29 to the attention of Natalie Wells, Finance Section, Shalimar Administration Office. • All salary related expenses are for Deputy Sheriff Instructors who teach the students during the classroom and practical exercises. • Other Vehicle Repair expenses are for tire air gauges. Students are taught how to properly check the operational condition of a vehicle. • Other Costs are related to Lunch supplies (Drinks, Subway Sandwiches, and Chips). The teens do not leave the driving range for the full day during the practical exercise portion of the class. This is for safety reasons, as well providing the instructors the ability to provide continuous training throughout the day. • Printing expenses are related to the cost of a 3’ by 5’ Teen Driver Challenge Banner. The above described expenditures are exclusive to any administrative costs borne by the agency to provide this enhanced teen driver education program to student citizens of Okaloosa County. Additionally, all expenses are consistent with the program’s approved budget. Respectfully Submitted, Major J.D. Peacock, Chief Administrator Packet Pg. 165 From: Hoshihara, Lynn To: Rick Owen Cc: Stewart, Greg Subject: FW: Teen Driver Challenge Program Date: Monday, April 07, 2014 2:26:34 PM Attachments: image004.png TDC Cover Letter Example.pdf Rick, The SO has prepared the attached cover letter which, along with the detailed back-up documentation that was previously provided, meets the statutory requirements for expenditure of these funds. This matter may be placed on the April 15th BoCC agenda for the Board’s consideration. Please let us know if you have any questions. Thanks, Lynn From: Hoshihara, Lynn Sent: Monday, April 07, 2014 3:23 PM To: 'John D. Peacock' Cc: Stewart, Greg Subject: RE: Teen Driver Challenge Program I have reviewed the draft cover letter and find it to be legally sufficient. Thank you, Lynn From: John D. Peacock [mailto:jdpeacock@sheriff-okaloosa.org] Sent: Thursday, April 03, 2014 7:22 PM To: Hoshihara, Lynn Cc: Stewart, Greg Subject: RE: Teen Driver Challenge Program Lynn, Take a look at this and let me know what you think. Thank you Major J.D. Peacock Administration Bureau Chief Okaloosa County Sheriff’s Office 1250 North Eglin Parkway Shalimar, FL 32579 850-651-7410 Packet Pg. 166 From: Hoshihara, Lynn [mailto:lhoshihara@ngn-tally.com] Sent: Wednesday, April 02, 2014 12:04 PM To: John D. Peacock Cc: Stewart, Greg Subject: Teen Driver Challenge Program Major Peacock, It was a pleasure speaking with you this morning. As we discussed, I will gladly coordinate with your Program Manager in creating a template cover sheet to be used when seeking reimbursement of funds related to the Teen Driver Challenge Program. Please feel free to forward my contact information to him/her so that we can move forward and present this matter to the Board for approval. In addition to the contact information below, you can always call me on my cell (850-502- 0687). Thank you, Lynn Lynn M. Hoshihara 1500 Mahan Drive, Suite 200 Tallahassee, Florida 32308 (850) 224-4070 Tel. (850) 224-4073 Fax Lhoshihara@ngnlaw.com The information contained in this email is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. Moreover, any unintentional dissemination of this message does not waive any attorney-client privilege that applies to this communication. If you have received this communication in error, please notify us immediately by telephone collect and delete the original message . Thank you. The Mission of the Okaloosa County Sheriff’s Office: “Ensuring fair and equal administration of the law, safeguarding civil liberties and preserving public safety; Doing so with professionalism and unity of purpose, while being good stewards of the public’s trust”. PLEASE NOTE: This email may contain Law Enforcement Sensitive or Privileged Information, which is intended only for use by the individual or entity to which the email is addressed. If you have received this email in error, please delete it immediately. E-mail communications to or from Okaloosa County Sheriff’s Office employees are considered public records and are available to the public and media upon request. Your e-mail communications with attachments, including your email address, are subject to public disclosure. Packet Pg. 167 Packet Pg. 168  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Purchase One Heavy Duty Truck with 20cy Dump DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: [PUR] Seeking Board approval to purchase one (1) heavy duty diesel truck with 20 cy dump body for Public Works - Solid Waste. BACKGROUND & ANALYSIS: The Public Works - Solid Waste Department has requested to purchase one (1) heavy duty diesel truck with 20 cy dump body. Bids were opened on March 5, 2014 and four bids were received. The lowest bidder was Empire Truck but they withdrew their bid stating that a software malfunction had provided erroneous information. The next lowest bidder was Orlando Freightliner, however, they did not meet specifications. The lowest bidder meeting specifications was Ward International at $136,300. Purchasing is requesting to purchase one (1) heavy duty diesel truck with 20 cy dump body from Ward International for $136,300. Funding is available in the Public Works - Solid Waste budget in account 4301-564302. OPTIONS: Award or Reject purchase of one (1) heavy duty diesel truck with 20 cy dump body from Ward International for $136,300. RECOMMENDATION: Staff recommends approving purchase of one (1) heavy duty diesel truck with 20 cy dump body from Ward International for $136,300. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 169 Packet Pg. 170 Packet Pg. 171 Packet Pg. 172 Packet Pg. 173 Packet Pg. 174 Packet Pg. 175  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Contract Amendment – Vulcan Materials (C14-2074-PW) DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: [PUR] Purchasing seeks authorization from the Board to add #57 stone to the contract with Vulcan Materials (C14-2074-PW). BACKGROUND & ANALYSIS: The current contract (C14-2074-PW) does not list #57 stone. Public Works seeks to add this product to the contract with Vulcan Materials as the amount of #57 stone needed for construction would be best supported by a contract amendment. OPTIONS: Approve/Disapprove the addition of #57 stone to the current contract with Vulcan Materials. RECOMMENDATION: Staff recommends approving the addition of #57 stone to Contract Number C14-2074-PW with Vulcan Materials. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 176 March 17, 2014 Vulcan Materials Company 157 John Sims Parkway Valparaiso, Florida 32580 Okaloosa County Purchasing Department 602 C North Pearl Steet Crestview, Fl 32536 Amendment 1 to Contract C14-2074-PW Dated 10/3/2013. Item Limestone #57 Stone Delivered $36.25 per ton #57 Stone Picked up $30.50 per ton All Terms and conditions apply to Vulcan's Contract with Okaloosa County Purchasing Department dated October 3, 2013. Owner-OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS BY TITLE P&vIn(j taflaLj- 4/4/14 Zan Fedorak Purchasing Manager PTA Okaloosa County Board of County Commissioners Charles K. Windes, Jr., Chairman By: (—V''--- Signature Date This the Mrsty of April, 2014. By: Geoffook Title: District Sales Manager Packet Pg. 177  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Clarification of Contract Amount – Health Dept Modular Bldg DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Provide clarification/correction of the amount stated on the previously submitted agenda item for $91,800. The negotiated amount was $93,814. BACKGROUND & ANALYSIS: Bids were opened on March 5, 2104 to solicit a construction company to perform minor repairs and additions to the Health Department Modular Building and only one (1) bid was received. Jimmy Henderson II Construction (Fort Walton Beach, FL) was the only responsive bidder for a initial cost of $91,800. The amount referenced in the agenda narrative on the previous April 1, 2104 agenda item was $91,800. The final negotiated price was $93,814. All bid documents are correct. The incorrect amount was only listed in the agenda narrative. OPTIONS: Approve/Disapprove the correction of the amount on the previous agenda item narrative from $91,800 to $93,814. RECOMMENDATION: Staff recommends approval of the correction on the previous agenda item narrative from $91,800 to $93,814. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 178 Packet Pg. 179  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: [PUR] Purchase One (1) Diesel Truck Tractor (WS 27-14) DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: [PUR] Seeking Board approval to purchase one (1) New 2014 Diesel Truck Tractor, Tandem Axle, 80,000 pounds gross combined weight rating (GCWR) (6x4) for Water & Sewer. BACKGROUND & ANALYSIS: The Water & Sewer Department has requested to purchase one (1) New 2014 Diesel Truck Tractor, Tandem Axle, 80,000 lb. GCWR (6x4). Bids were opened on April 2, 2014 and two bids were received. The lowest bidder meeting specifications was Orlando Freightliner at $114,997. This truck tractor is to replace the vehicle that was a total loss due to an accident. Funding is available from the insurance claim and budget transfers from 4120-563346 as referenced in the attached email. OPTIONS: Award or Reject purchase of one (1) New 2014 Diesel Truck Tractor, Tandem Axle, 80,000 lb. GCWR (6x4) from Orlando Freightliner for $114,997. RECOMMENDATION: Staff recommends approving purchase of one (1) New 2014 Diesel Truck Tractor, Tandem Axle, 80,000 lb. GCWR (6x4) from Orlando Freightliner for $114,997. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 180 Packet Pg. 181 Packet Pg. 182 Packet Pg. 183 Packet Pg. 184 Packet Pg. 185  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Purchase (3) Trucks with Service Body (WS 35-14) DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: [PUR] Seeking Board approval to purchase three (3) new 2014 cab chassis (4x4) dual rear wheel diesel trucks with service bodies, air compressors and inverters. BACKGROUND & ANALYSIS: The Water & Sewer Department has requested to purchase three (3) new 2014 cab chassis (4x4) dual rear wheel diesel trucks with service bodies, air compressors and inverters. Bids were opened on March 26, 2014 and four bids were received. The lowest bidder meeting specifications was Jarrett Gordon Ford at $65,047 each for a total of $195,141 for all three vehicles. Funding is available in the Water & Sewer FY14 budget. OPTIONS: Award or Reject purchase of three (3) new 2014 cab chassis (4x4) dual rear wheel diesel trucks with service bodies, air compressors and inverters from Jarrett Gordon Ford for $195,141. RECOMMENDATION: Staff recommends approving purchase of three (3) new 2014 cab chassis (4x4) dual rear wheel diesel trucks with service bodies, air compressors and inverters from Jarrett Gordon Ford for $195,141. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 186 Packet Pg. 187 Packet Pg. 188 Packet Pg. 189 Packet Pg. 190 Packet Pg. 191 Packet Pg. 192  BID SHEET BID #: WS 35-14 BIDS DUE: 3/26/14 @ 3:00 P.M. BID ITEM: THREE (3) NEW 2014 CAB CHASSIS (4X4) DUAL REAR WHEELDIESEL TRUCK W/SERVICE BODY, AIR COMPRESSOR AND INVERTER. VENDOR Unit Price Total Bid Price Hub City Ford $70,099.00 $210,297.0 0 Rountree -Moore Ford $71,085.00 $213,255.00 Bill Currie Ford $98,110.00 $294,330.00 Jarrett Gordon Ford $65,047.00 $195,141.00 Packet Pg. 193  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Request Approval of AVCON Task Order for Site Certification DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: [PUR] Seeking Board approval of AVCON Task Order #3 for McCallum Sweeney Site Certification Phase III. BACKGROUND & ANALYSIS: On March 18, 2014 Nathan Sparks, EDC, did a presentation regarding the McCallum Sweeney Site Certification Phase III of property surrounding the Bob Sikes Airport. The project received Board support and staff was tasked to procure an engineering firm to perform the necessary data collection to support the application for the site certification. AVCON was previously selected in accordance with Florida Statutes and the Consultant's Competitive Negotiation Act (CCNA) and is a qualified firm to perform the work. Task Order #3 was negotiated with AVCON to provide the necessary data collection for a total cost of $185,000. The project documentation must be completed and submitted by September 9, 2014. Purchasing is requesting approval of the AVCON Task Order #3 for a fixed fee of $185,000 to provide the necessary data collection to facilitate the site certification process. The cost of the Task Order will be split with the approximate Airport responsibility at 25% with the remaining 75% coming from other sources. OPTIONS: Approve/Reject AVCON Task Order #3 for a fixed fee of $185,000 to provide the necessary data for the McCallum Sweeney Site Certification Phase III. RECOMMENDATION: Staff recommends approving AVCON Task Order #3 for a fixed fee of $185,000 to provide the necessary data for the McCallum Sweeney Site Certification Phase III. RECOMMENDED BY: APPROVED BY: Packet Pg. 194 Ernie Padgett, County Administrator Packet Pg. 195 Packet Pg. 196 Packet Pg. 197 Packet Pg. 198 Packet Pg. 199 Packet Pg. 200 Packet Pg. 201 Packet Pg. 202 Packet Pg. 203  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Price Farm Plantation Subdivision DEPARTMENT: Public Works BCC DISTRICT: Three North STATEMENT OF ISSUE: The developer has requesting approval by the Board of County Commissioners for the project to enter into the County's permanent maintenance system. BACKGROUND: Price Farms Plantation subdivision was accepted by the Board of County Commissioners to enter into the 18-month warranty period on October 18, 2011. On August 20, 2013 the letter of credit was extended due to deficiencies with project. The improvements dedicated to the Public have been inspected and are now ready and eligible for acceptance as part of the permanent maintenance system. Infrastructure dedicated to the Public includes rights-of- ways, roads, signage, stormwater management areas and associated easements. All documents associated with this request are attached as exhibits for reference. OPTIONS: Approve/Disapprove the Developer's request: RECOMMENDATIONS: Approve acceptance of the work performed within the Price Farms Plantation subdivision to enter into the County's permanent maintenance system and release the Irrevocable Standby Letter of Credit No. 201105 issued by Coastal Bank & Trust in the amount of Sixty Two Thousand and 00/100 Dollars (62,000.00). RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 204 Packet Pg. 205 Packet Pg. 206 Packet Pg. 207 Packet Pg. 208 Packet Pg. 209  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Surfside Beach Service Qualified Beach Vendor Certificate & QBV Beach Vehicle Permit for 2014 DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: Approve a request from Kevin Almodovar owner of Surfside Beach Service to obtain a Qualified Beach Vendor Certificate (QBVC) to provide beach chair and umbrella rentals on designated public beaches and a Qualified Beach Vendor Beach Vehicle Permit to access public beach areas on Okaloosa Island. This is a renewal application. BACKGROUND and ANALYSIS: Kevin Almodovar owner of Surfside Beach Service has met the requirements specified in Ordinance No. 13-07, County Recreation Areas: Section 5. Permitted Vehicle on the Beach, Park, and Recreation Areas; Section 8: Commercial Activity on Public Lands: Section 10. Permit for a Designated Beach Property to obtain a Qualified Beach Vendor Certificate (QBVC) and Qualified Beach Vendor Beach Vehicle Permit (QBVBVP). Granting this request will permit said business to conduct commercial beach chair and umbrella rentals on designated public beaches and access the beaches of Okaloosa Island in a specified vehicle on scheduled dates/times. OPTIONS: Approve/Disapprove. RECOMMENDATION: Request Board approval of the Qualified Beach Vendor Certificate 0002 and Qualified Beach Vendor Beach Vehicle Permit 0002 for the calendar year of 2014 (14QBVC0002 & 14QBVBVP0002) to Kevin Almodovar owner of Surfside Beach Service. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 210 Revised: March 12, 2013 Qualified Beach Vendor Certificate Processing Check List New Applications √ Renewal Date Received: March 14, 2014 Company Name: Surfside Beach Service Contact Person: Kevin Almodovar Phone #: (850) 582-4227/ (850) 243-4585 Email: kevinalmo@gmail.com NA Application form √ $500 Application fee √ Designated Beach Area Permit √ Upland Property Owners Approval √ QBV Beach Vehicle Permit √ Vehicle insurance √ Vehicle registration √ $500 QBV Beach Vehicle Permit fee √ Hold Harmless Agreement √ Statement of Acceptance of Ordinance 13-07 √ Copy of Liability Insurance for $1,000,000 naming BCC as insured √ Copy of O.C. Local Business Tax Receipt NA Copy of Workman’s Comp. Insurance policy BCC Approval: _______________________ Packet Pg. 211 14QBVC0002 Kevin Almodovar - Surfside Beach Service Upland Property Owner Location Name Designated Beach Area Permit Approval Gulf Dunes √ √ Holiday Inn √ √ Villa Capri √ √ Packet Pg. 212  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Emerald Coast Volleyball Club Qualified Beach Vendor Certificate for 2014 DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: Approval of a request from Scott Allen owner of Emerald Coast Volleyball Club to obtain a Qualified Beach Vendor Certificate (QBVC)to conduct volleyball scheduled practices/games at John Beasley Park in Okaloosa County. BACKGROUND and ANALYSIS: Scott Allen, owner of Emerald Coast Volleyball Club, has met the requirements specified in Ordinance No. 13-07, County Recreation Areas, Section 8: Commercial Activity on Public Lands, to obtain a Qualified Beach Vendor Certificate. Granting this request will permit said business to conduct scheduled volleyball practices and games on the public beaches at John Beasley Park in accordance with any exceptions, restrictions, or provisions the Board may impose. This is a renewal application. OPTIONS: Approve/Disapprove. RECOMMENDATION: Request Board approval of the Qualified Beach Vendor Certificate 0043 for the calendar year of 2014 (14QBVC0043) to Scott Allen owner of Emerald Coast Volleyball Club. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 213 Revised: March 5, 2013 Qualified Beach Vendor Certificate Processing Check List New Applications √ Renewal Date Received: March 20, 2014 Company Name: Emerald Coast Volleyball Club Contact Person: Meaghan $ Scott Allen Phone #: (850) 496-2470/ (936) 433-5327 Email: barefootweddings@gmail.com NA Application form √ $500 Application fee √ Hold Harmless Agreement √ Statement of Acceptance of Ordinance 13-07 √ Copy of Liability Insurance for $1,000,000 naming BCC as insured √ Copy of O.C. Local Business Tax Receipt NA Copy of Workman’s Comp. Insurance policy BCC Approval: _______________________ Packet Pg. 214  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Fee waiver for special event permits DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests the Board authorize the waiver of park permit fees for all non-profit and not-for profit organizations. BACKGROUND: Many not-for-profit and non-profit organizations have limited funding available for activities that benefit the public and exclusive use of Okaloosa County parks and recreational areas by individuals and organizations requires a permit fee. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Staff recommends the Board authorize the waiver of park permit fees for all non-profit and not-for profit organizations. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 215  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Event Permit - Burning Up the Beaches Car Show DEPARTMENT: Public Works BCC DISTRICT: Two STATEMENT OF ISSUE: Horizons Foundation has requested permission to utilize county parking area to conduct a three day car show. BACKGROUND and ANALYSIS: County Ordinance #13-07 (regulation of county recreational areas, including parks and beaches) addresses Special Events at county parks, beaches, or recreational areas within Okaloosa County. A request has been received from Horizons Foundation to conduct a car show and cruising event at the Boardwalk on Okaloosa Island. Setup for the event would take place Friday, May 1st. Static displays of cars and vendor tents will be setup in the Northeast portion of the parking lot at The Boardwalk. The vendors represent businesses associated with vehicles, such as a title company, metal signs, powder coating and a snowball vendor. Other activities will occur off-site. The displays at the Boardwalk will be open 9:00 a.m. until 5:00 p.m. each day, ending Sunday at noon. Final break down would take place Sunday, May 4th. This request has been reviewed by Public Works, Public Safety, and the Sheriff’s Office. The Lessee at the Boardwalk has concurred with the request. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve the request for a Special Event permit as submitted by Horizons Foundation. RECOMMENDED BY: Packet Pg. 216 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 217 Packet Pg. 218 Packet Pg. 219 Packet Pg. 220  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Special Event Permit - FWBHS Sandblast Volleyball Tournament DEPARTMENT: Public Works BCC DISTRICT: Two STATEMENT OF ISSUE: The Fort Walton Beach High School Leadership Class is requesting the use of the beach area at The Boardwalk for a volleyball tournament. BACKGROUND: County Ordinance #13-07 (regulation of county recreational areas, including parks and beaches) addresses Special Events at county parks, beaches or recreational areas within Okaloosa County. A request has been received from the Fort Walton Beach High School Leadership Class for use of the beach area at The Boardwalk for their annual Beach Volleyball Tournament. The event will be held on Saturday, May 10, 2014. Setup would begin at 6:00 a.m. with the tournament beginning at 8:00 a.m. and lasting until 3:00 p.m. Approximately 150 students are expected to participate. The Leadership Class will be selling soft drinks or water to students to fund this event. OPTIONS: Approve / Disapprove RECOMMENDATIONS: Approve the request for a Special Event Permit to utilize the County beach at The Boardwalk as submitted by the Fort Walton Beach High School Leadership Class for a student volleyball festival. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 221 Packet Pg. 222 Packet Pg. 223  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Coastal Beach Service 2014 Qualified Beach Vendor Certificate & QBV Beach Vehicle Permit DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: Approve a request from John Fitzgerald owner of Coastal Beach Service to obtain a Qualified Beach Vendor Certificate (QBVC) to provide beach chair and umbrella rentals on designated public beaches and a Qualified Beach Vendor Beach Vehicle Permit to access public beach areas on Okaloosa Island. This is a renewal application. BACKGROUND and ANALYSIS: John Fitzgerald owner of Coastal Beach Service has met the requirements specified in Ordinance No. 13-07, County Recreation Areas: Section 5. Permitted Vehicle on the Beach, Park, and Recreation Areas; Section 8: Commercial Activity on Public Lands: Section 10. Permit for a Designated Beach Property to obtain a Qualified Beach Vendor Certificate (QBVC) and Qualified Beach Vendor Beach Vehicle Permit (QBVBVP). Granting this request will permit said business to conduct commercial beach chair and umbrella rentals on designated public beaches and access the beaches of Okaloosa Island in a specified vehicle on scheduled dates/times. OPTIONS: Approve/Disapprove. RECOMMENDATION: Request Board approval of the Qualified Beach Vendor Certificate 0006 and Qualified Beach Vendor Beach Vehicle Permit 0006 for the calendar year of 2014 (14QBVC0006 & 14QBVBVP0006) to John Fitzgerald owner of Coastal Beach Service. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 224 Revised: March 12, 2013 Qualified Beach Vendor Certificate Processing Check List New Applications √ Renewal Date Received: February 26, 2014 Company Name: Coastal Beach Service Contact Person: John Fitzgerald III Phone #: (850) 642-3288/ (850) 642-3289 Email: coastalbeach@gmail.net NA Application form √ $500 Application fee √ Designated Beach Area Permit √ Upland Property Owners Approval √ QBV Beach Vehicle Permit √ Vehicle insurance √ Vehicle registration √ $500 QBV Beach Vehicle Permit fee √ Hold Harmless Agreement √ Statement of Acceptance of Ordinance 13-07 √ Copy of Liability Insurance for $1,000,000 naming BCC as insured √ Copy of O.C. Local Business Tax Receipt √ Copy of Workman’s Comp. Insurance policy BCC Approval: _______________________ Packet Pg. 225 14QBVC0006 John Fitzgerald III - Coastal Beach Service Designated Beach Area Upland Property Owner Location Name Permit Approval Azure √ √ Hampton Inn √ √ Sea Oats √ √ Summer Place √ √ Island Princess √ √ Packet Pg. 226  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Antioch Road Sidewalk Improvements (Design LAP) DEPARTMENT: Public Works BCC DISTRICT: 3 STATEMENT OF ISSUE: The Florida Department of Transportation (FDOT) has issued a LAP Agreement to Okaloosa County in the amount of $99,107.00 for Design of the Antioch Road (CR 4) Sidewalk Improvements Project. Design must be completed by June 30, 2015. There is no funding match required by Okaloosa County within this Agreement. BACKGROUND AND ANALYSIS: The Antioch Road Sidewalk Improvements Project was first submitted to the West Florida Regional Planning Council’s Transportation Enhancement Program for consideration in 2000. The project was found to be eligible for funding and has been supported by annual resubmittals since that time. The project will consist of adding 5' pedestrian sidewalk along the south side of Antioch Road (CR 4) from Garrett Pit Road to Egan Drive. Approximately 300' will be exempted out for the I-10 overpass. OPTIONS: Approve/Disapprove execution of the LAP Agreement and authorization for staff to administer all future related documents during the term of the grant including, but not limited to, the Resolution of Authorization and subsequent permission to advertise the Request for Qualifications (RFQ). RECOMMENDATION: Staff requests the Board of County Commissioners approve execution of the LAP Agreement and authorization for staff to administer all future related documents during the term of the grant including, but not limited to, the Resolution of Authorization and subsequent permission to advertise the Request for Qualifications (RFQ). . RECOMMENDED BY: Packet Pg. 227 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 228  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT OGC– 09/13 Page 1 FPN: 433571-1-38-01 Fund: SE FLAIR Approp: Federal No: 4861-017-P Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No:(57) Okaloosa Contract No: Vendor No: VF596000765015 Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No: 61-327-7649 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and Okaloosa County B.O.C.C. hereinafter called the Agency. W I T N E S S E T H: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department’s participation in the design of sidewalk along CR 4 Antioch Road. and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the “project,” and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s) A,B,C, & 1 are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Inactivity and Removal of Any Unbilled Funds Once the Department issues a Notice to Proceed (NTP) for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the Department, if the removal is related to FHWA’s withdrawal of funds or if the removal is related to the loss of State appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de- certification of the Agency for future LAP projects. Packet Pg. 229  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT OGC– 09/13 Page 2 Removal of All Funds If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before June 30, 2015. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration (FHWA) may require. The Agency shall use the Department’s Local Agency Program Information Tool and applicable information systems as required. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is $ 99,107. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate in the project cost to the extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal-aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit “B” for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: Packet Pg. 230  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT OGC– 09/13 Page 3 "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- to-Proceed (NTP) from the Department. The Agency agrees to advertise or put the project out to bid thirty (30) days from the date the Department issues the NTP to advertise the project. If the Agency is not able to meet the scheduled advertisement, the District LAP Administrator should be notified as soon as possible. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department’s Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. Packet Pg. 231  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT OGC– 09/13 Page 4 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, 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 fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Department’s Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 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” of this Agreement indicates federal resources awarded through the Department 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. 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 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. However, if the recipient 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. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (l), Florida Statutes) are to have audits done annually using the following criteria: 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 Executive Office of the Governor and the CFO, 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 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, other state agencies, and other non-state entities. State financial assistance does not include federal direct or pass-through awards and resources received by a non-state 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) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Packet Pg. 232  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT OGC– 09/13 Page 5 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. However, if the recipient elects to have 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. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV - Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Agreement 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: a) The Department at each of the following address(es): Dustin Castells, District LAP Administrator Florida Department of Transportation 1074 Highway 90 Chipley, FL 32428 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), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient’s audited Schedule of Expenditures of Federal Awards directly to each of the following: Dustin Castells, District LAP Administrator Florida Department of Transportation 1074 Highway 90 Chipley, FL 32428 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: Packet Pg. 233  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT OGC– 09/13 Page 6 Dustin Castells, District LAP Administrator Florida Department of Transportation 1074 Highway 90 Chipley, FL 32428 3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Dustin Castells, District LAP Administrator Florida Department of Transportation 1074 Highway 90 Chipley, FL 32428 b) The Auditor General’s Office at the following address: Auditor General’s Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the following address(es): Dustin Castells, District LAP Administrator Florida Department of Transportation 1074 Highway 90 Chipley, FL 32428 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and 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 for audits done in accordance with OMB Circular A-133, as revised, 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 financial reporting package was delivered to the recipient in correspondence accompanying the financial 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 at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes). Packet Pg. 234  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT OGC– 09/13 Page 7 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3-“Travel“ of the Department’s Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit “B” for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120-day time period may not be paid. 8.00 Termination or Suspension of Project: Packet Pg. 235  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT OGC– 09/13 Page 8 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. (a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. (c) If the Agreement is terminated before the project is completed, the Agency shall be paid only for the percentage of the project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency’s complying in full with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE’s, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE’s have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE’s have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, Packet Pg. 236  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT OGC– 09/13 Page 9 national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees that: (a) Each financial assistance agreement signed with a US-DOT operating administration (or a primary recipient) must include the following assurance: “The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).” (b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: “The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.” 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions,” in 49 C.F.R. Part 29, when applicable. 11.01 Performance Evaluation: Agencies are evaluated on a project-by-project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Agency’s Responsible Charge or designee as part of the project closeout process. The Department provides the evaluation to the Agency no more than 30 days after final acceptance. 11.02 Performance Evaluation Ratings: Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Agency failed to develop the project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the project was brought in-house by the Department. A rating of Satisfactory Performance means the Agency developed the project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Agency developed the project in accordance with applicable federal and state regulations, standards and procedures, without District involvement/oversight. 11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that continuously earn Satisfactory and Above Satisfactory evaluations. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except Packet Pg. 237  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT OGC– 09/13 Page 10 contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI – Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any 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 be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, 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 be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: Packet Pg. 238  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT OGC– 09/13 Page 11 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts and subcontracts. 13.08 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right-of-way is required. 13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in accordance with applicable plans and specifications, is in place on the Agency’s facility, adequate title is in the Agency’s name, and the project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. 13.12 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any Packet Pg. 239  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT OGC– 09/13 Page 12 cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency will will not maintain the improvements made for their useful life. 13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 30 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3) (b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-413-5516. 13.15 Reimbursement of Federal Funds: The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. 13.16 E- VERIFY The Agency: 1. shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Packet Pg. 240  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT OGC– 09/13 Page 13 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY Okaloosa County B.O.C.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Charles K. Windes, Jr. Name: Jason D. Peters, P.E. Title: Chairman Title: Director of Transportation Development Attest: Attest: Title: Title: Legal Review: See attached Encumbrance Form for date of funding approval by Comptroller. Packet Pg. 241  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 08/06 Page14 EXHIBIT “A” PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 433571-1-38-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and the Okaloosa County B.O.C.C. PROJECT LOCATION: The project is X is not on the National Highway System. The project is X is not on the State Highway System. PROJECT DESCRIPTION: This is a transportation alternative project to design sidewalk on south side of County Road 4 Antioch Road from Garrett Pit Road to Egan Drive (will exempt out area of approximately 300 feet to account for I-10 overpass). SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department’s contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency shall commence the project’s activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Design to be completed by June 30, 2015. If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. The Agency shall be responsible for verifying that the NEPA document is adhered to for the life of the project. This project will be designed within existing right of way. No work shall begin until a Notice to Proceed is issued by the Department. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Cultural Resource Assessment Survey (including coordination with the State Historic Preservation Officer) and all documentation necessary to support the environmental Class of Action Determination will be the responsibility of the Department. The Department will reimburse the Agency for the eligible costs directly related to the design not to exceed $99,107. Packet Pg. 242  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT 09/11 Page 15 EXHIBIT “B” SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 433571-1-38-01 Okaloosa County Board of County Commissioners 302 N. Wilson Street, Ste 203 Crestview, FL 32536 PROJECT DESCRIPTION Name: CR 4 (Antioch Road) Sidewalk Project Length: .477 miles Termini: from Garrett Pit Road to Egan Drive FUNDING (1) (2) (3) TOTAL AGENCY STATE & TYPE OF WORK By Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS Planning FY: 2010-2011 FY: 2011-2012 FY: 2012-2013 Total Planning Cost Project Development & Environment (PD&E) FY: 2010-2011 FY: 2011-2012 FY: 2012-2013 Total PD&E Cost Design FY: 2011-2012 FY: 2012-2013 FY: 2013-2014 $99,107 $0.00 $99,107 Total Design Cost Right-of-Way FY: 2011-2012 FY: 2012-2013 FY: 2013-2014 Total Right-of-Way Cost Construction FY: 2011-2012 FY: 2012-2013 FY: 2013-2014 FY: 2014-2015 Total Construction Cost Construction Engineering and Inspection (CEI) FY: 2012-2013 FY: 2013-2014 FY: 2014-2015 Total CEI Cost Total Construction and CEI Costs TOTAL COST OF THE PROJECT $99,107 $0 $99,107 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. Packet Pg. 243  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 07/09 Page16 EXHIBIT “C” RESTRICTION ON CONSULTANT’S ELIGIBILITY TO COMPETE FOR DEPARTMENT ASSISTED CONTRACTS FPN: 433571-1-38-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Okaloosa County B.O.C.C.. EXISTING CONSULTANT CONTRACTS: Existing consultant or professional services contracts shall not be used in the development and delivery of this project, doing so will federalize the existing contract. All consultant and professional services contracts associated with this project shall be advertised and selected in accordance with the Consultants Competitive Negotiations Act (CCNA). Consult the District LAP Administrator for the appropriate federal language that must appear in each consultant contract. CONSULTANT CEI CONTRACTS: A consultant firm or its affiliate that was the engineer of record (EOR) on a project shall not be considered for construction engineering and inspection (CEI) services, as a prime, on the same project. A consultant firm or its affiliate who was the EOR on a project may only be considered for CEI services as a sub consultant to the prime CEI firm with the approval of the Department prior to submittal of letters of response. A consultant firm or its affiliate who was the sub to the EOR on a project may only be considered for CEI services, as prime, on the same project, with the approval of the Department prior to submittal of letters of response. The Department’s approval shall be based on the extent of the firm’s involvement in the design of the project or CEI services, as the case may be, and the potential of hindrance I of any objective decision making. A consultant or its affiliate who performed geotechnical services for the EOR shall not be considered as a sub to the firm providing CEI services on the same project, in any capacity. DESIGN-BUILD CONTRACTS: The contractor or design professional cannot team, as a prime, with other firms to submit more than one bid per project. The secondary member (i.e., designer or contractor) of the design-build team cannot change, after award, without the written approval of the Department. A professional firm shall not be considered for CEI services, either as a prime or a sub, for a Design-Build contract for which the same firm or its affiliate is the EOR or is sub to the EOR. A consultant firm, its affiliate, or sub consultant that is under contract with the Local Agency to develop the RFP for a Design-Build contract cannot be part of a Design-Build Team proposing on that contract as a prime or a sub consultant. A consultant firm, its affiliate, or sub consultant that is under contract with the Local Agency to provide CEI services on the Design-Build contract cannot be part of a Design-Build Team proposing on that contract as a prime or sub consultant. A consultant or its affiliate, who was the prime EOR on a Design-Bid-Build project, where the project is switched to Design-Build, may participate on a Design-Build contract with the approval of the Department. The Department shall consider level of design (% completed) by the EOR, the number of component design plans by different EOR’s, etc. Packet Pg. 244  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 08/06 Page17 EXHIBIT “1” SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: FPID 433571-1-38-01 ………..………………………………………………$99,107.00 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient. Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. Packet Pg. 245  RESOLUTION No. _________ BE IT RESOLVED by the BOARD OF COUNTY COMMISSIONERS, OKALOOSA COUNTY, FLORIDA, that Charles K. Windes, Jr., Chairman of the Board of County Commissioners, Okaloosa County, Florida be authorized to execute the following LOCAL AGENCY PROGRAM AGREEMENT on behalf of Okaloosa County to provide for the following project: Design of the Antioch Road Sidewalk Project FPID: 433571-1-38-01 DULY PASSED AND ADOPTED THIS DAY OF , 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ___________________________________ Charles K. Windes, Jr. CHAIRMAN ATTESTS: CLERK OF CIRCUIT COURT OKALOOSA COUNTY, FLORIDA GARY J. STANFORD DEPUTY CLERK Packet Pg. 246  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Visitors Guide RFQ & Review Committee DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Request approval to issue a Request for Qualifications (RFQ) for the design and production of the 2014-2015 Visitors Guide and appoint the following members of the review committee: Tourist Development Department Director, Research and Development Manager, Marketing Manager, and a member of the Tourist Development Council (or a member of the Board of County Commissioners if so desired). The Purchasing Department will coordinate the process and serve as a facilitator for meetings of the review committee. BACKGROUND: The Tourist Development Department’s ad agency issued a Request for Proposals (RFP) for design and production of the 2014-2015 Visitors Guide in late 2013 that drew three responses. The way in which the RFP was issued may not have been in compliance with County policy controls. Staff would like to issue an RFQ for the design and production of the 2014-2015 Visitors Guide in accordance with the County’s purchasing policy. The TDD will issue a letter to current advertisers informing them the process has been delayed, and they may plan to participate with ad pricing offered at a similar rate. The Tourist Development Council unanimously approved County Purchasing coordination of the 2014-2015 Visitors Guide at its February 27, 2014 meeting. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve the issuance of a Request for Qualifications (RFQ) for the design and production of the 2014-2015 Visitors Guide and appointment of the aforementioned members of the review committee. RECOMMENDED BY: Packet Pg. 247 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 248  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Use of Last Minute Deals Funding DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: TDD is apprising the Board of the use of Last Minute Deals funding. BACKGROUND: The Board approved the revised Ad Agency Strategic Marketing Plan on March 18, 2014, which included a category for Last Minute Deals in the amount of $18,813. 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 are available for appropriation by the Tourist Development Director with concurrence of the TDC Chairman and County Administrator if a time-sensitive opportunity would be lost due to the timing of regular TDC and BCC meetings required to obtain advance approval. Total cost of the opportunity must be less than $35,000 and County Administrator approval is required regardless of dollar amount. Task Order 136 titled Last Minute Deals is for advertisement placements, specifically Visit Florida Meeting Magazine designed to target meeting planners and online keyword advertising designed to target leisure travelers nationally. These ads will run from April 2014 - June 2014. The deadline for the Visit Florida magazine is April 10. Although there is no specific deadline for the keyword ads, it is important to capitalize on the time period of when travelers are booking summer travel, which is now. The task order has been approved by the TDD Director, coordinated with the TDC Chairman, and approved by the County Administrator. RECOMMENDATION: For informational purposes only; no action required. RECOMMENDED BY: APPROVED BY: Packet Pg. 249 Ernie Padgett, County Administrator Packet Pg. 250 Packet Pg. 251 Packet Pg. 252 Packet Pg. 253 Packet Pg. 254 Packet Pg. 255 Packet Pg. 256 Packet Pg. 257 Packet Pg. 258  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Naming of Bayview Plaza at the Emerald Coast Convention Center DEPARTMENT: Tourist Development Department BCC DISTRICT: ALL STATEMENT OF ISSUE: Request approval of a name for the 150' x 200' outdoor exhibition area constructed on the North side of the Emerald Coast Convention Center. BACKGROUND: On April 21st 2009, the Tourist Development Council and the Emerald Coast Convention Center requested approval for the ceding of approximately 2.44 acres of land directly north of the Emerald Coast Convention Center of parcel # 00-2S-24-2185-0018 for the purpose of constructing a 150’ x 200’ hard surface area in order to accommodate the expansion of current events and the creation of additional event activities for the Convention Center. Subsequently all other approvals were obtained leading to the construction of the outdoor exhibit area which is to be completed on or about April 20th, 2014. The Tourist Development Department and the Emerald Coast Convention Center are requesting that a name be assigned to this area. The requested name assignment is "Bayview Plaza" at the Emerald Coast Convention Center. OPTIONS: Approve /Disapprove RECOMMENDATIONS: Approve the name "Bayview Plaza" at the Emerald Coast Convention Center for the north outdoor exhibit area at the Emerald Coast Convention Center. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 259  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: REPI Phase 4 Agreement between OCWS and the Air Force DEPARTMENT: Water and Sewer BCC DISTRICT: 1 STATEMENT OF ISSUE: Staff requests that the Board of County Commissioners (BCC) approve and authorize the Chairman to execute the "Cooperative Agreement" between the County and the United States of America acting by and through the Secretary of the Air Force. This is a $200,000 Readiness and Environmental Protection Initiative (REPI) grant to go towards land acquisition of a Shoal River buffer, which benefits both the Air Force (Duke Field flight path) and Okaloosa County (watershed protection for future water supply). The Cooperative Agreement also consolidates this new REPI grant with three previous REPI agreements BACKGROUND: The attached agreement is indirectly related to future water supply planning for Okaloosa County. This agreement further formalizes the partnership between the County and Eglin AFB. Both entities have the same objective of being protective of the environment, specifically north of Duke Field and south of Interstate 10. Because of Duke Field’s flight path, Eglin would like to limit development in this area and create a natural buffer. Specifically, sound attenuation is an issue that would affect the public, and light pollution is an issue that would affect the various military missions at Duke Field. This buffer area is in the same vicinity that the Board and OCWS have been committed to utilizing for future water supply. We are currently at the land acquisition stage in order to secure land to be used for an offline reservoir, water treatment plant, wetlands mitigation, and associated infrastructure such as pipelines, pump stations, an intake structure, and the needed utilities. The REPI grant funds cannot be used for acquisition of land for the offline reservoir. Other grant funds will be used for the reservoir property. The benefit to the County is that the land acquired with these REPI funds can be used for expanded watershed protection for future water supply, as well as additional acreage for wetlands mitigation, access, and utilities. In August 2011, the BCC approved and executed the first Readiness and Environmental Protection Initiative (REPI) for $500,000. In January 2012, the BCC approved and executed another REPI Agreement for $200,000. In January 2013, the BCC approved and executed the third REPI Agreement for $200,000. The current agreement under consideration is for further Air Force REPI money in the amount of $200,000 to be used for a land purchase for buffering and environmental conservation in the same Shoal River vicinity as mentioned above (see Exhibit B). Okaloosa County’s “match” is another $200,000 Defense Infrastructure Grant (DIG), which has recently been awarded and is expected to go to BCC for approval in the next 1- 2 months. The three previous REPI agreements were each titled "Agreement for a Deed of Easement". The Packet Pg. 260 Air Force views these as individual purchase agreements; they now desire to consolidate and replace these three agreements into one new agreement, titled a "Cooperative Agreement". This Cooperative Agreement also makes another $200,000 of REPI funding available; the total of all REPI funding is now $1,100,000. The Agreement is attached, along with the County Contract Review Coordination Sheet and the following exhibits: Exhibit A - Legal Description Exhibit B - Map Exhibit C - Property Information Sheet (Proposed Acreage) Exhibit D - Existing Acreage Exhibit E - Property Information Sheet (Existing Acreage) Staff also requests that the BCC authorize the Chairman to execute subsequent Cooperative Agreement related documents and any future modifications related to this Agreement. For example, the Air Force has requested the County provide written permission for the Air Force to enter the property already owned by the County; a Restrictive Use Easement on this Existing Acreage will be utilized as the match for the first $500,000 REPI funding. This letter providing written permission, along with the County Contract Review Coordination Sheet, is attached for the Chairman's signature OPTIONS: Approve or deny. RECOMMENDATIONS: Staff recommends BCC approval for the Chairman to execute the "Cooperative Agreement" with the Air Force. Staff also requests that the BCC authorize the Chairman to execute subsequent Cooperative Agreement related documents and any future modifications related to this Agreement. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 261  COOPERATIVE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND OKALOOSA COUNTY, FLORIDA ARTICLE I – SCOPE, PURPOSE, AND AUTHORITY Section 101. General a. This Cooperative Agreement (“Agreement”) is made between The United States of America (the “United States”), acting by and through the Secretary of the Air Force (the “Air Force”), and Okaloosa County, a political subdivision of the State of Florida (the “Eligible Entity”) as defined in Article VI of this Agreement, for the acquisition of rights, titles, or interests in and to real property for or on parcels of land in the vicinity of Eglin Air Force Base, Florida (the “Installation”), and contribution by the Air Force of Federal funds for those acquisitions, all in accordance with the provisions of 10 U.S.C. § 2684a, as amended. The Air Force and the Eligible Entity are sometimes collectively referred to as the “Parties,” or each may be referred to as a “Party,” in this Agreement. b. This Agreement, along with Exhibits, includes all terms and conditions relating to the contribution of funds by the Air Force for the acquisition of Real Property Interests by the Eligible Entity. The Exhibits are an integral part of this Agreement. c. The Eligible Entity agrees to transfer to the Air Force a Restrictive Use Easement (the “Easement”) relating to a portion of the land described in Exhibit A and Exhibit D, depicted in Exhibit B, and identified on Exhibit C and Exhibit E (the “Easement Area”), and containing approximately 750acres of land, more or less, pending appraisals, negotiation, and other funding opportunities. If the land actually obtained by easement should not correspond exactly with Exhibit A, the Eligible Entity must obtain prior written approval of the Air Force Civil Engineer Center (AFCEC) and Eglin Air Force Base. The Easement Area is located within Okaloosa County, Florida. Acquisition priority will be given to southernmost parcels within the Duke Field Approach Departure Clearance Surface and bordering Eglin AFB. The Easement restricts the use of property that has been or will be acquired by the Eligible Entity, conditioned upon the receipt of certain grant funding. d. The Air Force agrees to make available to the Eligible Entity the following grant amounts which represent its full and complete contribution toward the cost of the property to be acquired by the Eligible Entity within the Easement Area, at equal to or below fair market value, plus Allowable Transaction Costs. The Parties agree to the following matching contributions by the Air Force and the Eligible Entity: (1) REPI FY2011 - $500,000 –matching Eligible Entity contribution is conveyance of a Restrictive Use Easement on a majority of the Existing Acreage (as defined herein) (2) REPI FY2012 - $200,000 - matching Eligible Entity contribution is $200,000 Defense Infrastructure Grant (DIG) (3) REPI FY2013 - $200,000 - matching Eligible Entity contribution is a $200,000 DIG (4) REPI FY2014 - $200,000 - matching Eligible Entity contribution is a $200,000 DIG (5) Eligible Entity agrees to make such additional financial contribution as is necessary to pay for the Proposed Acreage (as defined herein). e. In the event the Eligible Entity fails or refuses to deliver the Easement in accordance with this Agreement, the Air Force may resort to the remedy of specific performance if permitted by the State of Florida, or the Air Force may terminate this Agreement. In the event the Air Force fails or refuses to complete this transaction, the Eligible Entity may terminate this as its sole remedy upon written notice to the Air Force within five (5) business days of the failure or refusal. In the event of termination as set 1 Packet Pg. 262 forth in this section, the Eligible Entity shall return to the Air Force any of the unspent or not incurred portion of the grant funds identified in Section 101.d., less one-half of the Allowable Transaction Costs spent or incurred to date. f. The Eligible Entity shall not be obligated to perform under this Agreement if, through no act, omission or fault on its part, and notwithstanding its reasonable best efforts to obtain the same, governmental funding or private foundation grants that had been committed to it for the purchase of the Real Property Interest shall be withdrawn, frozen or otherwise not made available to the Eligible Entity to carry out the transactions contemplated by this Agreement. Furthermore, the Eligible Entity’s obligations for acquiring and conveying the Easement pursuant to this Agreement are conditioned on ( i), the Eligible Entity obtaining all necessary internal approvals for the acquisition and disposition of interests in a particular parcel of real property, and (ii), the Eligible Entity being able to acquire the necessary Real Property Interests from the landowner. In the event these conditions are not met for some or all of the property which is the subject of this Agreement, the Eligible Entity shall return to the Air Force any of the unspent or unincurred portion of the grant funds identified in Section 101.d., less one-half of the Allowable Transaction Costs spent or incurred to date, as directed by the Air Force. Section 102. Authority. a. 10 U.S.C. § 2684a, as amended, authorizes the secretary of a military department to enter into agreements with a state or political subdivision of a state, or a private conservation organization (the “Eligible Entity”), to limit the use or development of real property in the vicinity of, or ecologically related to a military installation or military airspace, including, but not limited to, a training or testing range or Military Training Route (MTR). b. These agreements are intended to (a) limit development or use of the land that would be incompatible with the mission of the installation; or (b) preserve habitat on the land compatible with environmental requirements and which may eliminate or relieve environmental restrictions that could restrict, impede, or interfere with military training, testing, or operations on or near the Installation. c. Agreements under this authority must provide for the acquisition by the Eligible Entity (a) of all right, title, and interest in and to any real property (fee simple), or any lesser estate or interest in the land (e.g., conservation easement or restrictive use easement) (the Real Property Interest as defined herein) as may be appropriate, and (b) the sharing by the United States of Acquisition and Allowable Transaction Costs of acquiring any Real Property Interest, as may be agreed to by the Parties. d. The Eligible Entity is authorized by its Charter, Code of Ordinances, or State law to perform and discharge its obligations under this Agreement, including, without limitation, the acquisition and disposition of Real Property Interests, and to preserve and protect conservation values of the land acquired in perpetuity, and is a county as defined in Florida Statutes. ARTICLE II – OBLIGATIONS OF THE PARTIES Section 201. General. a. The Air Force and the Eligible Entity agree to cooperate in limiting development that is incompatible with the mission of the Installation and to protect open space and agricultural uses around the Installation by acquiring Real Property Interests in certain lands located in the vicinity of the Installation or its military airspace, or those which are ecologically related to the installation, in Okaloosa County, Florida. This Agreement in no way restricts the Air Force or the Eligible Entity from 2 Packet Pg. 263 participating in similar activities with other public or private entities or persons. The parties acknowledge the Eligible Entity is planning on utilizing the Real Property Interests acquired for various activities which will not be incompatible with the mission of the Installation nor inconsistent with the protection of open space and agricultural uses. This Agreement shall in no way restrict the Eligible Entity from pursuing such uses of the Easement Area including, but not limited to, wetlands mitigation banking, construction and maintenance of all-weather two lane roads, and utility infrastructure, provided that such infrastructure shall not be incompatible nor interfere with the mission of the Installation. Any provision of this Agreement that would hinder or prevent the use of the Existing Acreage for the purposes of wetland mitigation banking shall be null and void. b. The Eligible Entity and the Air Force further agree the limitations placed on development or use of lands around the Installation will serve the interests of the Air Force and the Eligible Entity in a manner to eliminate or minimize encroachment upon, and provide a protective buffer zone for the Installation, its mission and operations. c. Unless otherwise agreed, the Eligible Entity shall convey all of its right, title and interest in and to any alleys, streets, ways, strips, or gores abutting or adjoining the land that constitutes the Real Property Interest to the Air Force, in the event the Real Property Interest is acquired by the Air Force pursuant to the terms of this Agreement. d. Unless otherwise provided by law, the Eligible Entity may transfer any portion of the fee interest acquired under this Agreement or a lesser interest therein to the United States at fair market value of the Eligible Entity share at the time of acquisition, subject to the Eligible Entity being able to pursue passive recreational uses of the Real Property Interest, including, but not limited to, construction and maintenance of all-weather two lane roads, utility infrastructure not incompatible nor inconsistent with the mission of the installation, and wetland mitigation banking. Any such transfer shall be limited to the minimum Real Property Interest necessary to ensure the property concerned is developed and used in a manner consistent with the purposes of 10 U.S.C. § 2684a, as amended. e. After recordation of the Deed or Easement document by the Eligible Entity, the Eligible Entity shall take responsibility for long-term monitoring of the Easement Area to verify compliance with the terms and conditions of the Easement, and to take any necessary enforcement action, as agreed to in Section 716 hereof. The Air Force will have the right to enforce the terms of the Easement when appropriate. Section 202. Obligations of the Eligible Entity. a. The Eligible Entity agrees to exercise its best efforts to supervise, manage, and operate the Real Property Interest(s) acquired within the scope of this Agreement according to sound, efficient, commercial practice, and the terms, conditions, and specifications of this Agreement. b. The Eligible Entity agrees to pay its share of the costs for the acquisition of Real Property Interests in the manner set forth in Section 101 d., and to contribute funds sufficient to pay related Allowable Transaction Costs as defined in Section 602 of this Agreement. c. The Eligible Entity shall not be obligated to perform under this Agreement if, through no act, omission or fault on its part, and notwithstanding its reasonable best efforts to obtain the same, governmental funding or private foundation grants committed to it for the purchase of any Real Property Interest are withdrawn, frozen, or otherwise made unavailable to the Eligible Entity to carry out the transactions contemplated by this Agreement. 3 Packet Pg. 264 Section 203. Obligations of the Air Force. a. The Air Force agrees to contribute sufficient funds to pay its share of Acquisition and Allowable Transaction Costs incurred in performance of this Agreement according to the terms and conditions for payment under Article V. b. Whenever the terms of this Agreement require the coordination, concurrence, or approval by the Air Force, it will not be unreasonably withheld. Any request by the Eligible Entity for action by the Air Force shall be considered and acted upon in a timely fashion. c. The obligations of the Air Force are subject to the availability of Federal funds for purposes of this Agreement. No provision in this Agreement should be interpreted to require obligation or payment of funds by the Air Force in violation of the Anti-Deficiency Act, 31 U.S.C. § 1341, or other applicable Federal law. Additionally, the performance of the Air Force under this Agreement is contingent upon its being allocated funds by the Department of Defense under its Readiness and Environmental Protection Integration (REPI) Program. Section 204. Acquisition Process. a. The Eligible Entity and the Air Force acknowledge the location and suitability of the Existing Acreage and agree to establish procedures and criteria for the identification of land that will be the object of the acquisition of a Real Property Interest in the Proposed Acreage by the Eligible Entity. b. Acquisition of a Real Property Interest in land by the Eligible Entity may only be accomplished with the voluntary consent of the landowner. c. Title to the Proposed Acreage acquired first by the Eligible Entity for conveyance of the Easement to the Air Force shall comply with the United States Department of Justice Title Standards and must be acceptable to the Air Force. d. The Eligible Entity will ensure the immediate recording in the county land records of any Real Estate Interest acquired by it. The Air Force will be responsible for the cost of recording any deed of conveyance or deed of easement subsequently assigned to it by the Eligible Entity. The Eligible Entity will obtain a derivation of title clause ((i.e., refer to the deed(s) to the grantor(s) or other source of grantor’s title, by book, page, and place of record)) wherever customary or required by statute. e. The Parties shall provide land surveys, environmental surveys, documents obtained from the applicable county real estate records, title insurance reports or commitments, and other documentation either Party may find necessary to fulfill the purpose of this Agreement. f. The amount of the contribution of the Air Force toward a specific Real Property Interest acquisition will be negotiated by the Parties; however, by Federal statute, the contribution by the Air Force cannot exceed the appraised fair market value of the Real Property Interest acquired by the Eligible Entity, exclusive of the Allowable Transactional Costs. g. The Air Force and the Eligible Entity agree to share equally the Allowable Transactional Costs in support of these acquisitions, such as, by way of example and not of limitation, appraisal reports, land surveys, escrow agent fees and expenses, real estate agent fees, environmental assessments, title insurance, and recording fees, as agreed by the Parties. h. Each Party agrees to bear its own labor cost in implementing this Agreement. In the event a landowner of the parcel(s) identified on Exhibit A and depicted in Exhibit B refuses to accept the final offer of the Eligible Entity, the Air Force will still share in the related Allowable Transaction Costs. 4 Packet Pg. 265 Section 205. Real Estate Appraisal Reports. a. All Real Property Interests acquired by the Eligible Entity shall be supported by an appraisal report. The Air Force and the Eligible Entity agree to establish procedures and criteria for obtaining an appraisal report and the equal sharing of costs associated with it, as agreed by the Parties. An appraisal report will serve as the basis for determining the share of the Real Property Interest being funded by the Air Force. b. For purposes of the acceptance of property or interests under this Agreement, the Air Force may accept an appraisal or title documents prepared or adopted by a non-Federal entity as satisfying the applicable requirements of section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4651) and 40 U.S.C. § 3111 if the Air Force determines the appraisal or title documents substantially comply with the requirements. c. Appraisals supporting acquisition of a real estate interest shall also meet the Uniform Appraisal Standards for Federal Land Acquisitions (the “Yellow Book”). Should the cost of obtaining a Yellow Book appraisal exceed the cost of a standard appraisal, the Air Force agrees to pay the incremental increase. The date of the Appraisal must be less than 12 months from the date of Fee or Easement closing. Section 206. Land Surveys. The Air Force and the Eligible Entity agree to establish procedures and criteria for the survey of the parcels and payment of associated expenses. The survey shall determine the exact acreage and location of the parcels and identify and locate all existing encroachments, easements, and any other encumbrances affecting the parcels. The survey shall be sufficient to enable title insurers to delete all standard boundary exceptions to coverage under the title policy relating to surveys. Section 207. Title Insurance. Unless otherwise agreed, any Easement transferred under this Agreement shall be delivered to the Air Force with policy of title insurance having the United States of America as a named insured. The Parties shall establish procedures and criteria for acquisition of a title insurance policy, its allowable exceptions, and the allocation of the associated costs and expenses associated with it. ARTICLE III – COSTS Section 301. Air Force. a. This Agreement will serve as the basis for the Air Force to issue obligation document(s) for funds allocated to the Installation for which this Agreement is made. The Air Force, through its Local Representative, shall notify the Eligible Entity when funds are available for accessing and expensing for carrying out the purposes of this Agreement. b. The Air Force shall make available the amounts set forth in Section 101 d. toward the cost of acquiring the Real Property Interest(s) in the land identified in Exhibit A and depicted in Exhibit B, and, in addition thereto, its share of Allowable Transaction Costs. c. This Agreement will serve as the basis for obligation of future funds appropriated for the purpose of carrying out this Agreement. The Air Force shall notify the Eligible Entity when additional funds are so obligated and the Parties shall amend this Agreement to extend its terms to incorporate such funding. 5 Packet Pg. 266 Section 302. Eligible Entity. a. The Eligible Entity shall make available the amounts set forth in Section 101 d. toward the cost of acquiring its share of a portion of the Real Property Interest(s) in the land identified in Exhibit A and depicted in Exhibit B. b. The Eligible Entity shall notify the Air Force when Real Property Interest acquisitions are ready to close or when funds are to be otherwise spent on Allowable Transaction Costs in carrying out the purpose of this Agreement. Section 303. Closing and Settlement. a. The Air Force shall be afforded an opportunity to review the transaction acquisition closing documentation prior to closing. Such documentation will be provided to the Air Force by the Eligible Entity at least 21 days prior to closing. b. The Eligible Entity shall furnish a signed copy of the Real Property Interest acquisition transaction document(s) to the Air Force Local Representative, the Air Force Civil Engineer Center (AFCEC/CI), and HQ USAF/A7CI, as soon as possible after closing. c. The Eligible Entity, prior to acquisition transaction closing, shall deliver to the Air Force (HQ USAF/A7CI and AFCEC/CI), through its Local Representative, an accounting of funding received and disbursements made under this Agreement for each acquisition of a Real Property Interest so acquired, which shall include a closing statement for each transaction or which funds of the Air Force are being expended and a Memorandum showing the monetary contributions of all parties to the transaction. ARTICLE IV – FUNDING Section 401. Funding Limitations. a. Funding by the Air Force is subject to the availability of funds annually appropriated by Congress for the purpose of carrying out the Office of the Secretary of Defense (OSD) REPI Program. However, the Air Force is under no obligation to allocate or obligate these funds until or unless the annually appropriated funds have been allocated to the Air Force by OSD under the OSD REPI Program. Funds may also be provided by the Air Force from other appropriated O&M funds. b. This Agreement may be used as the basis for Air Force obligation and Eligible Entity expense of appropriated funds only for acquisition of Real Property Interests and Allowable Transaction Costs as provided in this Agreement. c. Funds received by the Eligible Entity in any given year must be placed in an interest bearing account and may be used by the Eligible Entity for such purposes as provided in this Agreement until the end of five (5) years after the end of the Fiscal Year in which they were obligated for use by the Eligible Entity, at which time the appropriation is automatically cancelled. Funds not used (both principal and interest accrued) by the Eligible Entity by the date of funds cancellation must be promptly returned to the United States Treasury as directed by the Air Force. d. Generally, funding provided for any Fiscal Year must be spent by the Eligible Entity before the next or subsequent Fiscal Year’s funding is spent by the Eligible Entity. An award based on a REPI challenge submittal must be spent on the parcels listed in the REPI challenge submittal package. 6 Packet Pg. 267  e. Other than the use of funds for acquisition of the Real Property Interest(s) and Allowable Transaction Costs, including costs for easement compliance, oversight, and enforcement, if applicable, the Air Force intends it shall have no other financial obligations under the terms of this Agreement. (For example, no relocation costs or other incidental expenses shall be due the landowner from the Air Force or for any payment(s) to a third-party unless expressly agreed to by subsequent written agreement of the Parties.) ARTICLE V – PAYMENT Section 501. Timely Payment by the Air Force. The Air Force will make available to the Eligible Entity the Air Force share of the funds to acquire the Real Property Interest(s) and the Air Force share of the Allowable Transaction Costs, as provided herein, in a timely manner. Section 502. Use of Funds. a. The funds provided by the Air Force must be used solely by the Eligible Entity for purchase of Real Property interest(s) and items of Allowable Transaction Costs incurred, including costs of easement compliance, oversight and enforcement, in the performance of this Agreement as provided herein. b. The Air Force and the Eligible Entity acknowledge the Real Property Interest(s), if successfully negotiated for acquisition by the Eligible Entity, cannot be acquired until the funds are first obligated by the Air Force, and the Air Force has expressly authorized the expenditure of those funds. c. Appropriate payment documents, such as vouchers, or closing statements, shall be submitted to the Air Force at least twenty-one (21) days prior to closing scheduled for each transaction acquisition of a Real Property Interest. Failure to submit these documents within that time period shall not affect the entitlement of the Eligible Entity to receive the costs in question, but may delay payment beyond the scheduled closing date of the transaction. Section 503. No Payments to Third Parties. In no event shall the Air Force make direct payment to any contractor, employee, contractor employee, or vendor of the Eligible Entity for any costs incurred under this Agreement. ARTICLE VI- DEFINITIONS Section 601. Fiscal Year. Fiscal Year means the Federal funding year that begins on October 1 and ends on September 30. Section 602. Allowable Transaction Costs. Allowable Transaction Costs, such as land surveys, appraisals, environmental assessments, title searches, escrow agent fees and expenses, real estate agent fees agreed to by the Parties, and recording fees, are allowable costs under this Agreement. 7 Packet Pg. 268 Section 603. Real Property Interest. Real Property Interest is the interest in real estate acquired by the Eligible Entity pursuant to this Agreement which may consist of a Deed for Fee simple, Conservation Easement or a Restrictive Use Easement. The Real Property Interests governed by this Agreement consist of the Existing Acreage and the Proposed Acreage as herein defined. Section 604. Air Force. The Air Force is a branch of armed services, as defined in 10 U.S.C. §8011, authorized to receive and obligate appropriated funds under 10 U.S.C. §2684a, as amended. The Air Force is organized under the Secretary of the Air Force who operates under the authority, direction, and control of the Office of the Secretary of Defense (OSD). Section 605. Air Force Civil Engineer Center (AFCEC). The Federal Operating Agency (FOA) responsible for finalizing execution and performing management oversight of this Agreement, including obligating, expensing, and tracking of funds paid to the Eligible Entity (EE) is AFCEC. AFCEC is under the direction and control of the Air Force Civil Engineer (A7C) and the Assistant Secretary of the Air Force for Installations (SAF/IEI). Section 606. Local Representative. The Installation Office responsible for planning, siting, and monitoring the use of the Real Property Interest(s) being acquired under this Agreement. Section 607. Eligible Entity (EE). A State, or political subdivision of a State, or a private entity that has as its stated principal organizational purpose or goal the conservation, restoration, or preservation of land and natural resources, or a similar purpose or goal, and determined eligible to participate in transactions under 10 U.S.C. § 2684a, as amended, by the Secretary of Defense or the Secretary of the Air Force. Section 608. State. A State includes any department or named agency of a State authorized by law to enter into transactions of the nature contemplated by this Agreement. A State includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, and the territories and possessions of the United States. Section 609. Political Subdivision. Political subdivision is a subdivision of a state which has been delegated certain functions of local government. This can include counties, cities, towns, villages, hamlets, boroughs, and parishes. Section 610. Existing Acreage. The approximately 353 acres previously acquired by the Eligible Entity in fee simple, as described in Exhibit D, and which represents the matching contribution of the Eligibility Entity for the FY2011 REPI grant funds. The Easement will include most, but not all, of the Existing Acreage. 8 Packet Pg. 269 Section 611. Proposed Acreage. Property to be acquired by the Eligible Entity through the use of funds provided pursuant to this Agreement and within the property identified in Exhibit A. The Easement will include a portion of, but not all, the Proposed Acreage. ARTICLE VII – GENERAL PROVISIONS Section 701. Term of Agreement. Unless this Agreement is amended to provide otherwise, the term of this Agreement is five years from the date of signature or upon the cancellation of funds obligated hereunder or upon mutual agreement as to completion of the project(s) and other purposes for which this Agreement was made, whichever is earlier. Section 702. Sole Benefit. This Agreement is not intended to create any beneficiaries other than the Air Force and the Eligible Entity, except for another Federal agency which may own or control the land on which the Property Interest is being acquired. Section 703. Modification. This Agreement may be modified only by a single written instrument signed by the Parties. Any such modification or amendment may include, without limitation, the addition of lands on which a Real Property Interest is to be acquired on behalf of the Air Force, along with additional funds to be used for such purpose or additional time to acquire such Real Property Interest, as provided herein. Section704. Successors and Assigns. a. This Agreement may not be transferred or assigned by a Party without the express prior written consent of the other Party, except in cases of Base Realignment and Closure (see below.) All covenants and agreements made under this Agreement shall bind and inure to the benefit of any successors or assigns of the Eligible Entity and the assigns of the United States, whether or not expressly assumed or acknowledged by those successors or assigns. The Eligible Entity may offer a substitution of the State of Florida for the Eligible Entity’s obligations under this Agreement, subject to the written consent of the Air Force and written acceptance of substitution by an authorized official of the State of Florida. In the event of a substitution of the State of Florida for the Eligible Entity for purposes of this Agreement, the Air Force shall fulfill its obligations under this Agreement with the State of Florida in lieu of the Eligible Entity. b. In the event of Installation closure under a Base Realignment and Closure (BRAC) action at the Installation, the United States may be required to assign its interest in the Agreement or an acquired Easement to another party by operation of law. Should there be no required assignment pursuant to such a BRAC action, the United States may assign its interest to the current Eligible Entity or its successors or assigns at the time. Section 705. Entire Agreement. This Agreement forms the entire agreement between the Parties for the scope and subject matter. All prior discussions and understandings, oral or written, concerning the scope and subject matter are 9 Packet Pg. 270 superseded by this Agreement, except that the funding provided under the following agreements are hereby included in this Agreement: a. Agreement for Deed of Easement under 10 U.S.C. Section 2684a dated August 31, 2011 between Eligible Entity and The United States of America acting by and through the Secretary of the Air Force. b. Amendment No. 1 to Agreement for Deed of Easement under 10 U.S.C. Section 2684a dated September 4, 2013 between the Eligible Entity and The United States of America, by and through the Secretary of the Air Force. c. Agreement for Deed of Easement under 10 U.S.C. Section 2684a dated June 22, 2012 between Eligible Entity and The United States of America acting by and through the Secretary of the Air Force. d. Agreement for Deed of Easement under 10 U.S.C. Section 2684a dated February 28, 2013 between Eligible Entity and The United States of America acting by and through the Secretary of the Air Force. Section 706. Severability. If any provision of this Agreement is judicially held invalid by a court of competent jurisdiction, the remainder of this Agreement shall continue in force and effect to the extent not inconsistent with that holding. Section 707. Waiver of Breach. If a Party waives enforcement of any provision of this Agreement upon any event of breach by the other Party, the waiver shall not automatically extend to any other or future events of breach. Section 708. Notices. Any notice, transmittal, approval, request, authorization, designation, or other official communication required or desired under this Agreement shall be made in writing and shall be delivered by hand, or by recognized courier, or by the U.S. Postal Service to the other Party at the address and telephone number set forth below, or at another address that may be later designated by that Party. For Eligible Entity: Okaloosa County Board of County Commissioners c/o Marcella B. Eubanks Contracts & Grants Manager 1804 Lewis Turner Boulevard, Suite 206 Fort Walton Beach, Florida 32547 meubanks@clerkofcourts.cc 850-651-7200 ext. 4381 For the Air Force Civil Engineer Center Teresa J. Neatherlin, P.E. AFCEC/CITW Program Manager teresa.neatherlin@us.af.mil 210-395-9534 DSN 969-9534 10 Packet Pg. 271  USPS Mailing Address: 2261 Hughes Ave, Ste 155 Lackland AFB, TX 78236-9853 FedExpress or DHL: 3515 S. General McMullen, Dr 2 San Antonio, TX 78226-1858 Air Force Local Representative: Marisol Reina Chief, Portfolio Optimization Branch 96 CEG/CENP 501 DeLeon Street, Suite 101 Bldg 633 Eglin AFB, FL 32542 Section 709. Execution. This Agreement may be executed in several counterparts, each of which shall be deemed an original. Section 710. Conflict of Interest. The Eligible Entity shall ensure its employees are prohibited from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others. Section 711. Access to and Retention of Records. The Eligible Entity shall afford, during normal business hours, any authorized representative of the Air Force, OSD, or the Comptroller General access to, and the right to examine, all records, books, papers, and documents (the “Records”) that are within the custody or control of the Eligible Entity and that relate to its performance under this Agreement. The Eligible Entity shall retain the Records intact in a form, if not original documents, for at least three (3) years following termination of this Agreement. Section 712. Change of Circumstances. Each Party shall promptly notify the other Party of any change of circumstances, pending litigation, or any other event or condition that may adversely affect the ability of that Party to carry out any of its obligations under this Agreement. Section 713. Liability and Indemnity. Nothing in this Agreement shall be construed as an indemnification by one Party of the other for liabilities of a Party or third persons for property loss or damage or death or personal injury arising out of, or during the performance of, this Agreement, or arising from any other action that may arise as a result of this Agreement. Any claims or any liabilities, or claims for property loss or damage or for death or personal injury by a Party or its agents, employees, contractors, or assigns, or by third persons, arising out of, or during the performance of, this Agreement shall be determined according to applicable law. Section 714. Reports. 11 Packet Pg. 272  In addition to any financial or other reports required by the terms of this Agreement, the Air Force may require the Eligible Entity to prepare additional reports or provide additional information relating to this Agreement. The Eligible Entity agrees to deliver these reports or information within a reasonable time of request and with required detail. Section 715. Reserved. Section 716. Long-Term Monitoring and Enforcement of Easement Property Restrictions. a. After recordation of the Easement, unless otherwise agreed, the Eligible Entity shall take responsibility for long-term monitoring of the Easement Area to verify compliance with the Easement, and to take any necessary enforcement action, as agreed to in this Section 716 hereof. The Air Force will retain the right to enforce the terms of the Easement when appropriate. b. In the event of an observed or suspected breach of the Easement, the Parties will inform and consult with each other prior to taking any enforcement action. The Air Force will assist the Eligible Entity in its enforcement of the Easement restrictions to the fullest extent allowable under applicable law. Section 717. Negotiations. Negotiations with the landowners on the Real Property Interest(s) to be acquired will be conducted by the Eligible Entity, or its authorized representative, in a manner that will assure the most favorable price and terms are obtained for the Air Force by the Eligible Entity. Section 718. Termination of Third Party Agreements. The Parties may terminate any commitments entered into with third parties to perform under this Agreement by either Party giving 30 days prior written notice to the other Party in accordance with Section 708. Section 719. Relationship Not a Partnership or Joint Venture. Nothing in this Agreement shall be construed to make the Parties partners or to make them parties in a joint venture. Each Party will be acting under this Agreement, and related agreements, solely as an individual entity and will be liable for its own acts. Nothing in this Agreement shall render, or be construed to render, either of the Parties liable to any third party for debts or obligations of the other Party. ARTICLE VIII – REPRESENTATIONS AND CERTIFICATIONS Section 801. Applicable Law. This Agreement is being used to implement a Federal program. Accordingly, this Agreement shall be governed by, and construed according to, Federal law as it may affect the rights, remedies, and obligations of the United States. Nothing in this Agreement shall be construed to constitute a waiver of Federal Supremacy or Federal sovereign immunity. Section 802. No Discrimination. 12 Packet Pg. 273  The Eligible Entity agrees that no person shall be denied benefits of, or otherwise be subjected to discrimination in connection with, performance of the Eligible Entity under this Agreement, on the ground of race, religion color, national origin, sex or handicap. Accordingly, and to the extent applicable, the Eligible Entity covenants and agrees to comply with the following: a. Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d-2000d-7), and applicable DoD regulations (32 CFR, pt. 300); b. Executive Order No. 11,046 and applicable Department of Labor regulations (41CFR, pt. 60); c. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and applicable DoD regulations (32 CFR, pt. 56); and d. The age Discrimination Act of 1975 (42 U.S.C. §§ 6101-6107) and applicable regulations (45 CFR, pt. 90) Section 803. Lobbying. a. The Eligible Entity agrees that it will not expend any funds appropriated by Congress to pay any person for influencing for attempting to influence an officer or employee of any agency, or a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; and, the extension continuation, renewal amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. The Final Rule, New Restrictions on Lobbying, issued by the Office of Management and Budget and the Department of Defense (32 CFR pt. 28) to implement the provisions of 31 U.S.C.§1352, is incorporated by reference. Section 804. Drug-Free Work Place. a. The Eligible entity agrees it will comply with the provisions of the Drug-Free Work Place Act of 1988 (41 U.S.C. §§ 701-707) and maintain a drug-free workplace. b. The Final Rule, Government-Wide Requirements for Drug-Free Workplace (Grants), issued by the Office of Management and budget and the Department of Defense (32 CFR, pt. 28, Subpart f) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference, and the Eligible Entity covenants and agrees to comply with all their provisions, including any amendments to the Final Rule that may later be issued. Section 805. Equal Employment and Opportunity. The Eligible Entity agrees to comply with Executive Order No. 11, 246, entitled “Equal Employment Opportunity,” as amended by Department of Labor regulations (41 CFR, pt. 60). Section 806. Exception to Provisions of Article VIII. The provisions in this Article VIII do not apply to land transactions. They apply only to any other non-land contracts written as a result of this Agreement that are funded with these same Federal funds. 13 Packet Pg. 274  ARTICLE IX – THIRD PARTY CONTRACTS Section 901. Eligible Entity Contract Flow-Down. Subject to existing contracts, the Eligible Entity is required to insert the substance of the provisions of Article VIII in all third party contracts or agreements issued under this Agreement other than purchase or option agreements with real property sellers, unless local laws or regulations offer more protection. ARTICLE X – LEGAL DISABILITY Section 1001. Legal Disability. Neither the Eligible Entity nor the Air Force is under any existing or foreseeable legal disability that would prevent or hinder it from fulfilling the terms and conditions of this Agreement. The Parties shall promptly notify each other of any legal impediment that arises during the term of this Agreement that may prevent or hinder its fulfillment of its obligations under this Agreement. ARTICLE XI – TERMINATION AND ENFORCEMENT Section 1101. Termination. This Agreement may be terminated earlier than the five year term provided in Section 701by mutual agreement of the Parties in a single writing signed by both of them upon completion of the project(s) and other purposes as provided in this Agreement. Section 1102. Enforcement. The Parties may take whatever actions authorized by law to enforce the terms of this Agreement. The Parties will inform and consult with each other prior to taking any such actions in an effort to resolve the issue(s). ARTICLE XII - EXHIBITS a. Legal Description of Initial Areas of Land Use Compatibility Concern b. Map of Areas of Concern with respect to the Installation c. Property Information Sheet (Proposed Acreage) d. Existing Acreage Description e. Property Information Sheet (Existing Acreage) (Signatures are on the next two pages.) 14 Packet Pg. 275  Executed this ____day of _________________, 20__, by the duly authorized officer of the Eligible Entity. OKALOOSA COUNTY, FLORIDA Approved as to form: By: ________________________________ ____________________________ Charles K. Windes, Jr., Chairman _____________________ Board of County Commissioners County Attorney ATTEST: ___________________________________ Print name: _________________________ Clerk of the Circuit Court Acknowledged before me this ___ day of _____________,20__ by (Name, Title, Company) ______ ____________________________ Notary Public, State of ________________ My Commission Expires: ______________ 15 Packet Pg. 276  Executed this ___ day of____________, 20__by the duly authorized officer of The United States of America. THE UNITED STATES OF AMERICA By the Secretary of the Air Force By: ____________________________________________ TIMOTHY K. BRIDGES Deputy Assistant Secretary of the Air Force (Installations) ACKNOWLEDGEMENT COMMONWEALTH OF VIRGINIA) ) SS: COUNTY OF ARLINGTON ) On the _____day of___________, 20__, before me_____________________________ the Undersigned Notary Public, personally appeared TIMOTHY K. BRIDGES, 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 the same was the act and deed of the Secretary of the Air Force and that he executed the same as the act of the Secretary of the Air Force for the purposes and consideration cited therein. _________________________________ Notary Public, Commonwealth of Virginia _________________________________ Printed Name My Commission Expires______________ 16 Packet Pg. 277  EXHIBIT A Legal Description of Initial Areas of Land Use Compatibility Concern Candidate Parcels in the County of Okaloosa, State of Florida General description of candidate parcels for the acquired acreage is as shown on Exhibit B within the section, township and ranges listed below: T03NR23W27 T03NR23W26 T03NR23W34 T03NR23W35 T02NR23W04 T02NR23W03 T02NR23W02 T02NR23W01 17 Packet Pg. 278  EXHIBIT B Map of Land Use Compatibility Concern 18 Packet Pg. 279  EXHIBIT C Property Information Sheet (Proposed Acreage) Owner: Haiseal Timber Co. County: Okaloosa Municipality: N/A (unincorporated) Block & Lots: N/A (see Exhibit A) Acreage: ±2,100 (All candidate parcels combined) Zoning: AA (agriculture) Notes: Acreage listed is the approximate total acreage owned by Haiseal Timber Co. in the Shoal River Area – all of that will not be purchased with this funding. 19 Packet Pg. 280  EXHIBIT D Existing Acreage 20 Packet Pg. 281  EXHIBIT E Property Information Sheet (Existing Acreage) Owner: Okaloosa County County: Okaloosa Municipality: N/A (unincorporated) Block & Lots: N/A (see Exhibit D for legal description) Acreage: ±353 Zoning: AA (agriculture) Notes: This parcel was purchased from Haiseal Timber Co. by the Okaloosa County Board of County Commissioners for the Water & Sewer Department in 2007. 21 Packet Pg. 282  EXHIBIT B INITIAL AREAS OF LAND USE COMPATIBILITY CONCERN 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 ¯ ACQUIRED ACREAGE CANDIDATE PARCELS - HAISEAL TIMBER CO OKALOOSA COUNTY PARCELS DUKE FIELD APPROACH DEPARTURE CLEARANCE SURFACE SECTIONS PROPERTY APPRAISER PARCELS 5000 2500 0 5000 10000 Feet MILITARY INSTALLATION BOUNDARY Packet Pg. 283 Packet Pg. 284 Packet Pg. 285 Packet Pg. 286 Packet Pg. 287 Packet Pg. 288  DEPARTMENT OF THE AIR FORCE HEADQUARTERS 96TH TEST WING (AFMC) EGLIN AIR FORCE BASE FLORIDA SUBJECT: Request Permission to Enter Property 1. 96 Civil Engineer Group employees and/or contractors require access to property listed below to perform official duties resulting from the Readiness and Environmental Protection Initiative Shoal River Buffer project. Their duties will be to determine the applicability of environmental planning requirements under the National Environmental Policy Act and National Historic Preservation Act and conduct an Environmental Baseline Survey and/or a Section 106 consultation. 2. When first arriving to the property listed below the 96 Civil Engineer Group employees and/or contractors will need no escort. The property will only be accessed on weekdays between sunrise and sunset for a time period of up to one year from the date of the property owner’s signature. 3. The Property Owner is required to sign this form. A seller’s agent signature will not be accepted. Tax Identification Number County , FL Acreage 26-3N-23-0000-0009-0010 Okaloosa 97.95 35-3N-23-0000-0001-0010 Okaloosa 97.60 34-3N-23-0000-0001-0120 Okaloosa 73.18 03-2N-23-0000-0001-0070 Okaloosa 53.01 OCWS Parcel ≈322 to 353 acres _________________________ ________________________ Charles K. Windes, Jr., Chairman Date Board of County Commissioners _________________________ ________________________ Witness Signature Date _________________________ Witness Printed Name Packet Pg. 289  CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number _______________ Trocking Number ContracorAessee Name ) S k Grant Funçied YES._ NO Purpqse Ddie/Tërm -_ GREATER THAN $50,ObO 10RE AmOunt 2 0 GREATER THAN $25 000 Department LA.) 5 3 $5,0O0 OR LESS Dept Monitor Nam LtJId/ 14L4.(, Dacurnent has beri reewed vi cnd includes any attachmen ts or exhibits Purchasing Review Pcurement require ts are met Date !?-5-I rchasi g Director or designee Risk Management Review - - 4ovedfren , - Dote____ sk'ánagerordesignee Foilowirig Okaloosa County opprovai Packet Pg. 290  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Public Meeting Request - East County Force Main and Repump Station Project DEPARTMENT: Water and Sewer BCC DISTRICT: All STATEMENT OF ISSUE: In accordance with Chapter 255, Public Property and Publicly Owned Buildings, Florida State Statues (F.S), Section 255.20, Local bids and contracts for public construction works; specification of state-produced lumber, the BCC must hold a public meeting to discuss the County’s proposal to construct a new 20 inch diameter force main and a new 4.2 million gallon per day repump station to serve the East County service area using Okaloosa County Water and Sewer Department (OCWS) staff and equipment. Specifically, the statute states that a County government may “self-perform” public works projects valued at greater than $300,000... “When the governing board of the local government, after public notice, conducts a public meeting under s. 286.011 and finds by a majority vote of the governing board that it is in the public's best interest to perform the project using its own services, employees, and equipment.” BACKGROUND: In April of 2012, OCWS entered into an interlocal agreement with the City of Niceville and City of Valparaiso to transfer its ownership and treatment capacity at the NVOC Regional Wastewater Treatment Facility. As part of this agreement, OCWS transferred its cost sharing responsibility of the NVOC facility, upon relocation of all of its flows from the East County/Bluewater Bay Service Area to the Arbennie Pritchett Water Reclamation Facility (APWRF). As part of this relocation, OCWS would need to construct a new sanitary sewer force main and repump station to convey its flows to the APWRF. The force main and repump station will convey all wastewater flows from the East County service area to the Eglin Main pump station being constructed on Eglin AFB Main Base then to the County’s APWRF. OCWS is proposing to self-perform the construction of the new force main and repump station. OCWS plans to use OCWS staff and equipment to expedite completion of the project. OCWS estimates that using their own forces and equipment to construct the project will shorten the construction schedule and will reduce the project costs over contracting with an outside construction company. OCWS has estimated the construction project to cost approximately $4,169,312.14. As stated in the attached Public Notice, a cost breakdown of the project can be viewed by the public at our office anytime between now and the Public Meeting. The cost includes material (with fringe/insurance), labor, equipment (with maintenance), and subcontracted work. OCWS has reviewed the construction requirements for the project and has determined that we have the necessary qualifications, labor and available time to complete the project. As presented earlier, Section 255.20 F.S., Local bids and contracts for public construction works; specification Packet Pg. 291 of state-produced lumber includes specific requirements for County governments that choose to construct projects valued at greater than $300,000 using their own forces and equipment. OPTIONS: Approve or deny. RECOMMENDATIONS: Staff requests BCC approval to advertise and hold a public meeting at the May 20, 2014 BCC meeting to discuss and to vote on approval for OCWS to self-perform construction on the new force main and repump station for the East County Force Main and Repump Station Project. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 292  NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Okaloosa County, Florida, on May 20, 2014 at 9:00 A.M., or soon thereafter, at the County Commissioners meeting room, Water & Sewer Annex, 1804 Lewis Turner Blvd., 3rd Floor, Ft. Walton Beach, Florida will hold a hearing to discuss the County’s proposal to construct the East County Force Main and Repump Station Project using Okaloosa County Water and Sewer Department (OCWS) staff and equipment. The public hearing shall constitute the public meeting as required by section 225.20, Fla. Stat. The purpose of the public meeting is to consider whether it is in the public’s best interest to perform the project using the local government’s own services, employees, and equipment. The scope of work generally consists of the construction of a new 20 inch diameter sewer force main (totaling approximately 6.7 miles in length) and a new 4.2 million gallon per day sewer repump station. The estimated cost of the design-build project using OCWS staff is $4,169,312.14. ALL INTERESTED PERSONS ARE INVITED TO ATTEND AND BE HEARD REGARDING THE PUBLIC HEARING. The proposal and cost estimate breakdown may be inspected by the public at Okaloosa County Water & Sewer, 1804 Lewis Turner Blvd., 3rd floor, Engineering Office, 850-651-7504. If any person decides to appeal any decision made with respect to any matter considered at these hearings, such person will need a record of the proceeding and may need to ensure that a verbatim record of the proceeding is made which record includes the testimony and evidence upon which the appeal is to be based. Okaloosa County adheres to the American Disabilities Act and will make reasonable modifications for access to these hearings upon request. Requests may be made to the Water & Sewer offices described above and must be made at least 48 hours in advance of the hearings in order to provide the requested service. Board of County Commissioners Okaloosa County, Florida By: Don. W. Howard Clerk of Circuit Court Packet Pg. 293  4/9/2014 Preliminary Cost Estimate OCWS East County Force Main (From College Blvd./SR-85 to Eglin Repump Station Line No. Line Item Quantity Unit Unit Price Total 1 20" PVC C-905 DR18 28,805 LF $ 30.00 $ 864,150.00 2 24" HDPE DR-11 Directional Bores (Gator Boring) 6,474 LF $ 201.60 $ 1,305,158.40 3 24"/20" bore transition fittings (Gator Boring) 9 pair $ 3,600.00 $ 32,400.00 4 36" Jack and Bore with Carrier Pipe (Gator Boring) 140 LF $ 350.00 $ 49,000.00 5 20" plug valves w/ box & megalug kit 16 EA $ 8,000.00 $ 128,000.00 6 air release/vacuum valve w/ MH, GV, valve box 23 EA $ 4,500.00 $ 103,500.00 7 20" Megalug Kits 116 EA $ 200.00 $ 23,200.00 8 Tapping saddle and appurtenances for testing/filling 30 EA $ 300.00 $ 9,000.00 9 DI Fittings 1 LS $ 20,000.00 $ 20,000.00 10 14" Line Stops (EA Tapping Services) 2 EA $ 6,000.00 $ 12,000.00 11 Seeding & Mulching 20 AC $ 200.00 $ 4,000.00 12 Erosion Control: Silt Fence 3,000 LF $ 0.19 $ 570.00 13 Concrete Flume/Sidewalk Replacement 1,100 SF $ 3.00 $ 3,300.00 14 Marker Posts 40 EA $ 14.87 $ 594.80 15 OCWS in-house labor (500 LF/day) 58 days $ 3,000.00 $ 174,000.00 16 OCWS in-house equipment (500 LF/day) 58 days $ 1,000.00 $ 58,000.00 TOTAL GATOR BORING (Contract C14-2094-WS) $ 1,386,558.40 TOTAL EA TAPPING SERVICES (Contract C14-2128-WS) $ 12,000.00 TOTAL OCWS MATERIALS $ 1,156,314.80 TOTAL OCWS LABOR + EQUIP $ 232,000.00 SUBTOTAL CONSTRUCTION (Includes Contracted Services) $ 2,786,873.20 18 15% contingency on materials $ 173,447.22 19 15% admin/overhead fee on labor/mat'l (not equip or contracted) $ 199,547.22 TOTAL CONSTRUCTION $ 3,159,867.64 Packet Pg. 294 Okaloosa County Water & Sewer East County RePump Project- Contract Estimates Contract 1 Contract 2 Contract 3 Contract 4 Contract 5 Pre- Engineered Building Pumps Generator MCC/Controls Site Work Piping OCWS Material $ Cost $ 96,000.00 130,000.00 $328,000.00 $13,797.44 $196,680.00 Labor Cost $ 87,400.00 Contract Cost $ 157,567.06 CONTRACT 1 COST (Pre-Engineered Building) $157,567.06 CONTRACT 2 COST (3- 100hp Centrifugal Pumps) $ 96,000.00 CONTRACT 3 COST (550 kW Generator) $130,000.00 CONTRACT 4 COST (Motor Control & Control Panel) $328,000.00 CONTRACT 5 COST (OCWS Labor, Site Work & Mech Piping) $297,877.44 TOTAL COMBINED CONTRACTS COST $ 1,009,444.50 Packet Pg. 295  Phase 1: Rocky Bayou 16" Force Main (FM) Phase 7: Replace Meigs-Seminole Lift Station Phase 2: Rocky Bayou 16" FM Phase 8: Hwy 20 12" FM Phase 3: Rocky Bayou 16" FM Phase 9: New College Blvd Lift Station LLY Phase 4: Rocky Bayou 16" FM Phase 10: NVOC 16" FM KE Phase 5: Eglin Main 20" FM & 2 Lift Stations Phase 10a: NVOC 16" FM Alternate Phase 6: Replace 10" FM at Canal with 16" FM WOLVERINE JACKSO N E Y EG LA R LL JC CO ER ROG S STIC VAL A ANDREW 5 Y8 HW ND BO Arbennie Pritcehtt WRF R TW O BE NR GE Proposed Eglin Main Lift Station LEWIS TURNER East County Master Sewer Plan - Page 1 . MAP PROJECTION: Lambert Conformal Conic Projection Stateplane : Flo ida Nor th (0903) NAD 1983(90), NAVD 1988. Existing Phase 3 Phase 6 Phase 9 StreetCenterlines PUBLIC RECORD: This map was created by Okaloosa County GIS and is in the public domain pur uant Phase 1 Phase 4 Phase 7 Phase 10 to Chapter 119 , Florida Statutes. DISCLAIMER: Phase 2 Phase 5 Phase 10a 1 inch = 2,500 feet Okaloosa County h reby expressly disclaims Phase 8 any liability for errors or omissions in these maps, indexes or legends. Packet Pg. 296  85 Y2 UNNAME D HW Proposed College Blvd Lift Station EN BOW DOIN COL LEG E ON N E LC DIANE GARD EVER G R EE CI 48TH E FA NVOC WWTP PARKV IE AS A HART 47TH CEDAR CA GR CH JA S O N E 46TH LY RR I LL CARIE EL FIR PAL M ST CHARLES E EV K OR W NIC K M EE JE D I S VAT LT M CR COOK FF O N A JO BI ND LEWI S GO LF CO URSE AD ON 3R D ER ER HN CAMPBELL AT PARK AM BO S W TE R SO LD TWA EV S Post Office SLift WEE Station MARION DEER CO AN N Existing 14" FM IN RT 2N (To be Abandoned after Phase 9) S K 85 (Hwy 20 & Palm Blvd- VIS BLO SSO M PA D EL Y WA FOREST LY A LL HWY to be abandoned after DPhase E9) 37TH FRIAR TUCK TIN W KE MARQ UET TE WA NG IS PO VA JUNIPER LA KR RHONDA RO A SPEN ELM RUCKEL AB ST WOLVERINE CREE K AN IT HELM S HIL JO NES CEDAR M C KILCULLEN AR E S TR O CE L ALLEN E T 32ND DE EN IOWA R B A C U TT A M S 31ST YS MU Y BALLY D R N IL WA LL VE HO L K RY L GO IL OH R MCEWEN 30TH GA VE GLENDALE LI TH I NO O E 29 RE BOX ER EDG E DYER 28TH M ROC WISE IS KY B BULLOCK IDE AT JO H PINE AY O DREW Rocky Bayou Lift Station 27TH T N SI U MS S LS JA C K SO STIC MAG NO 26TH (To be Abandoned after Phase 9) STEPHEN HIL N L IA HUN KAREN QUINCE BAILEY D KE L FAIRW O O VAL A WHITE JA MARKE T REEVES NT NA 25TH TERESA NORDBERG ME TING LINCOLN BE ED REDWOO D CA S JUDITH DU UN 23RD E AC CHIC H CHRISTY AN IS EDG EWATER RE SEM IN WASHING TON 22ND NC N DR D 22ND D PAL M TO N A PINE HI EW OKALOO SA AN 21ST R 23R BAYO U A AGO NUTMEG Y8 5 20TH RILEY P D KUMQ UAT O LE JUNIPER GLEN 20TH LINDEN HW PINE Phase 1: Rocky Bayou 16" Force Main (FM) MAPLE Phase 7: E ReplaceMEI Meigs-Seminole Lift Station 18TH 19TH Y FIN IEW BA GS LE DG CK E E TV T TEE BISCAYNE E S A LS Phase 2: Rocky Bayou 16" FM NS Phase 8: Hwy 20 12" FM 17TH HARDING WE AN SU VAL PARAISO SAILBOAT SL VIRGI NIA CORAL SYCAMO RE UNION EY OU NELSON POINT OS VINE MICHIG AN Phase 9: New College Blvd Lift Station MAPLE LINDEN BAY Phase 3: Rocky Bayou 16" FM OAK PINE ROSE P OAK SHO RES ST PA RE RA 13TH R AN LANCASTER Y FLORIDA TT KV BAYSHO RE Phase 10: NVOC 16" FM DR AN Phase 4: Rocky Bayou 16" FM IE EMM ETT SHADOW GRAN D 11TH W EW REDBUD PA D E S LM N IDA COON NORTHRIDGE JOHN SIMS MISSI SSIPPI S ID LA AR Phase 5: Eglin Main 20" FM & 2 Lift Stations R Phase 10a: NVOC 16" FM Alternate E N IS V WAT E M K IEW AD PAR 7TH PIN OAK IL N 10 ED Y LO RE LL E AY B LU E Phase 6: Replace 10" FM at Canal with 16"H FM COUG AR TURT W W BAY KE AN W LE SIC Replacement of JASM INE DOLPHIN PO IN G NM I I LY HW MERMeigs-Seminole Lift Station H RANG E LA LD BLUE PINE TAL A LAKESID O I A C HAN PR B ER M U D Y 20 TS T CL UB CA YACH HICKORY CHOCTAWHATCHEE LID CEDAR C ER PINE LA O A WI N E R TT D CIL WA IB T PU R B D AU EA East County Master Sewer Plan - Page 2 . N MAP PROJECTION: Lambert Conformal Conic Projection Stateplane : Flo ida Nor th (0903) NAD 1983(90), NAVD 1988. Existing Phase 3 Phase 6 Phase 9 StreetCenterlines PUBLIC RECORD: This map was created by Okaloosa County GIS and is in the public domain pur uant Phase 1 Phase 4 Phase 7 Phase 10 to Chapter 119 , Florida Statutes. DISCLAIMER: Phase 2 Phase 5 Phase 10a 1 inch = 2,500 feet Okaloosa County h reby expressly disclaims Phase 8 any liability for errors or omissions in these maps, indexes or legends. Packet Pg. 297  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Trailer Mounted By-Pass Pump - Emergency Sole Source Purchase DEPARTMENT: Water and Sewer BCC DISTRICT: 5 STATEMENT OF ISSUE: OCWS staff is requesting BCC approval for an emergency sole source purchase of a 12" Diesel Powered Trailer Mounted By-Pass Pump to be utilized at Post Office Lift Station and other lift stations in the long-term future. The sole source form and documents from a previous bid process are attached for your review. BACKGROUND: The Post Office Lift Station, located on 37th Street in Niceville, is one of our oldest and largest lift stations in our entire service area. It pumps approximately 800,000 gallons per day from the East County Service Area (Bluewater Bay, Lancaster, Raintree, etc.) to the Niceville Valparaiso Regional Sewer Plant in Niceville. In the modern era, a station of this magnitude should be built with three or four pumps. Being an old lift station, it was only designed to have two pumps. Unfortunately, only one pump is in service - the other aging pump exploded on 3/27/2014. With a few sewer spills in the past year at this lift station (they were reported properly and the spills did not get into a body of water or wetlands), we need a reliable solution. Per state regulations, any public lift station shall have a minimum of 2 pumps in it. We feel that it is not responsible to operate this lift station with only one pump in operation. In addition, this lift station will be no longer be needed after Phases 1-5 and 9 are completed of the East County Master Sewer Plan (attached) - approximately 8 months from now. Instead of spending over $60,000 for a new pump for Post Office Lift Station, where lead time for the pump is approximately 6 months, we feel that a better alternative is to purchase a trailer mounted by-pass pump to be utilized at Post Office Lift Station, in the case of failure of the remaining pump which is currently in service. In the future, when Post Office Lift Station is eliminated, this can be used at other lift stations during emergency conditions. With so many large lift stations aging, the need for a second large horsepower trailer mounted by-pass pump is increasing. On Dec. 18, 2012, the BCC approved a bid award of the first large horsepower trailer mounted by-pass pump to the low bidder meeting specifications - Thompson Pump (Pensacola), in the amount of $97,750.00. We have since found that pump to be very useful; however, we need it to be utilized at other lift stations for emergencies, and we can't use it for other emergency needs if is it sitting stationary at one station (Post Office Lift Station) for a long period of time. Thompson Pump is willing to provide the same pump in the 2014 model for the same price - $97,750.00 (see attached quote). Since we have an emergency, time constraints, and since this has been competitively bid out, staff is recommending the purchase of this second large trailer Packet Pg. 298 mounted bypass pump from Thompson Pump for $97,750.00. A Sole Source Form requesting the emergency procurement is attached to this agenda request. With our responsibility and stewardship to our customers in mind, we feel that this is the best and quickest option from an environmental and financial perspective. Should the BCC approve this request and Purchasing issue the subsequent purchase order, the new trailer mounted bypass pump should be here in approximately 30-45 days. If we were to go through the process of obtaining quotes or the bid process, the timeline would be extended anywhere from 1-3 months in order to go through procurement, subsequent BCC agenda requests, submittals, and final approvals. By issuing an emergency purchase order now, this will help meet our time constraints - essentially of needing this pump "yesterday". This piece of equipment is not in the approved Capital Outlay portion of our FY2014 budget. The Water & Sewer fund has sufficient amounts to pay for this emergency purchase. A budget transfer will be required and that transfer will be brought before the BCC for approval. OPTIONS: Approve or deny. RECOMMENDATIONS: OCWS requests BCC approval to authorize Purchasing to issue an emergency purchase order to Thompson Pump in the amount of $97,750 for a large (12") diesel powered trailer mounted by-pass pump per the attached quote. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator 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  Phase 1: Rocky Bayou 16" Force Main (FM) Phase 7: Replace Meigs-Seminole Lift Station Phase 2: Rocky Bayou 16" FM Phase 8: Hwy 20 12" FM Phase 3: Rocky Bayou 16" FM Phase 9: New College Blvd Lift Station LLY Phase 4: Rocky Bayou 16" FM Phase 10: NVOC 16" FM KE Phase 5: Eglin Main 20" FM & 2 Lift Stations Phase 10a: NVOC 16" FM Alternate Phase 6: Replace 10" FM at Canal with 16" FM WOLVERINE JACKSO N E Y EG LA R LL JC CO ER ROG S STIC VAL A ANDREW 5 Y8 HW ND BO Arbennie Pritcehtt WRF R TW O BE NR GE Proposed Eglin Main Lift Station LEWIS TURNER East County Master Sewer Plan - Page 1 . MAP PROJECTION: Lambert Conformal Conic Projection Stateplane : Flo ida Nor th (0903) NAD 1983(90), NAVD 1988. Existing Phase 3 Phase 6 Phase 9 StreetCenterlines PUBLIC RECORD: This map was created by Okaloosa County GIS and is in the public domain pur uant Phase 1 Phase 4 Phase 7 Phase 10 to Chapter 119 , Florida Statutes. DISCLAIMER: Phase 2 Phase 5 Phase 10a 1 inch = 2,500 feet Okaloosa County h reby expressly disclaims Phase 8 any liability for errors or omissions in these maps, indexes or legends. Packet Pg. 311  85 Y2 UNNAME D HW Proposed College Blvd Lift Station EN BOW DOIN COL LEG E ON N E LC DIANE GARD EVER G R EE CI 48TH E FA NVOC WWTP PARKV IE AS A HART 47TH CEDAR CA GR CH JA S O N E 46TH LY RR I LL CARIE EL FIR PAL M ST CHARLES E EV K OR W NIC K M EE JE D I S VAT LT M CR COOK FF O N A JO BI ND LEWI S GO LF CO URSE AD ON 3R D ER ER HN CAMPBELL AT PARK AM BO S W TE R SO LD TWA EV S Post Office SLift WEE Station MARION DEER CO AN N Existing 14" FM IN RT 2N (To be Abandoned after Phase 9) S K 85 (Hwy 20 & Palm Blvd- VIS BLO SSO M PA D EL Y WA FOREST LY A LL HWY to be abandoned after DPhase E9) 37TH FRIAR TUCK TIN W KE MARQ UET TE WA NG IS PO VA JUNIPER LA KR RHONDA RO A SPEN ELM RUCKEL AB ST WOLVERINE CREE K AN IT HELM S HIL JO NES CEDAR M C KILCULLEN AR E S TR O CE L ALLEN E T 32ND DE EN IOWA R B A C U TT A M S 31ST YS MU Y BALLY D R N IL WA LL VE HO L K RY L GO IL OH R MCEWEN 30TH GA VE GLENDALE LI TH I NO O E 29 RE BOX ER EDG E DYER 28TH M ROC WISE IS KY B BULLOCK IDE AT JO H PINE AY O DREW Rocky Bayou Lift Station 27TH T N SI U MS S LS JA C K SO STIC MAG NO 26TH (To be Abandoned after Phase 9) STEPHEN HIL N L IA HUN KAREN QUINCE BAILEY D KE L FAIRW O O VAL A WHITE JA MARKE T REEVES NT NA 25TH TERESA NORDBERG ME TING LINCOLN BE ED REDWOO D CA S JUDITH DU UN 23RD E AC CHIC H CHRISTY AN IS EDG EWATER RE SEM IN WASHING TON 22ND NC N DR D 22ND D PAL M TO N A PINE HI EW OKALOO SA AN 21ST R 23R BAYO U A AGO NUTMEG Y8 5 20TH RILEY P D KUMQ UAT O LE JUNIPER GLEN 20TH LINDEN HW PINE Phase 1: Rocky Bayou 16" Force Main (FM) MAPLE Phase 7: E ReplaceMEI Meigs-Seminole Lift Station 18TH 19TH Y FIN IEW BA GS LE DG CK E E TV T TEE BISCAYNE E S A LS Phase 2: Rocky Bayou 16" FM NS Phase 8: Hwy 20 12" FM 17TH HARDING WE AN SU VAL PARAISO SAILBOAT SL VIRGI NIA CORAL SYCAMO RE UNION EY OU NELSON POINT OS VINE MICHIG AN Phase 9: New College Blvd Lift Station MAPLE LINDEN BAY Phase 3: Rocky Bayou 16" FM OAK PINE ROSE P OAK SHO RES ST PA RE RA 13TH R AN LANCASTER Y FLORIDA TT KV BAYSHO RE Phase 10: NVOC 16" FM DR AN Phase 4: Rocky Bayou 16" FM IE EMM ETT SHADOW GRAN D 11TH W EW REDBUD PA D E S LM N IDA COON NORTHRIDGE JOHN SIMS MISSI SSIPPI S ID LA AR Phase 5: Eglin Main 20" FM & 2 Lift Stations R Phase 10a: NVOC 16" FM Alternate E N IS V WAT E M K IEW AD PAR 7TH PIN OAK IL N 10 ED Y LO RE LL E AY B LU E Phase 6: Replace 10" FM at Canal with 16"H FM COUG AR TURT W W BAY KE AN W LE SIC Replacement of JASM INE DOLPHIN PO IN G NM I I LY HW MERMeigs-Seminole Lift Station H RANG E LA LD BLUE PINE TAL A LAKESID O I A C HAN PR B ER M U D Y 20 TS T CL UB CA YACH HICKORY CHOCTAWHATCHEE LID CEDAR C ER PINE LA O A WI N E R TT D CIL WA IB T PU R B D AU EA East County Master Sewer Plan - Page 2 . N MAP PROJECTION: Lambert Conformal Conic Projection Stateplane : Flo ida Nor th (0903) NAD 1983(90), NAVD 1988. Existing Phase 3 Phase 6 Phase 9 StreetCenterlines PUBLIC RECORD: This map was created by Okaloosa County GIS and is in the public domain pur uant Phase 1 Phase 4 Phase 7 Phase 10 to Chapter 119 , Florida Statutes. DISCLAIMER: Phase 2 Phase 5 Phase 10a 1 inch = 2,500 feet Okaloosa County h reby expressly disclaims Phase 8 any liability for errors or omissions in these maps, indexes or legends. Packet Pg. 312 Pensacola Service Center 3310 McLemore Drive Pensacola, Florida 32514 850-478-2833 April 9, 2014 Sale Quotation: Oka040914 Okaloosa County BOCC Email: 302 N Wilson Suite 203 Tel: 850-651-7176 Crestview, Florida 32536 Fax: Re: Equipment Purchase Quotation valid for: 45 days Attn: Mr. Mark Schmeltzer Thompson Pump & Manufacturing appreciates the opportunity to quote our products and services to you. Listed below you will find the following sale price(s) and payment options. (1) 12JSVG-DJDST-90H-MC- ( Vacuum Assisted Solids Pump) Pump: 12x12 End Suction Centrifugal Pump - G-17.5 Engine: John Deere 90HF485-300 Diesel Frame: Trailer Mounted – Modular Fuel Frame Sound Attenuated Canopy CP750 Control Panel w/ Auto Start / Stop Floats and Telemetry Sale Price: $ 97,750.00 Freight Charge: NA Page 1 of 2 Packet Pg. 313  Please Note: > Delivery: 4 to 6 weeks after receipt of purchase order
Prices above exclude applicable sale taxes
Freight: Destination Payment Options: Net 30 Payment terms pending credit approval I would like to take this opportunity to thank you for your interest in our products. Should you have any questions regarding this quote, please contact me at (850)393-9129. Rick Waters Rick Waters Pensacola Branch Manager Gulf Region Thompson Pump & Mfg. Co., Inc. Tel:(850)478-2833 Fax:(850)479-4349 Cell:(850)393-9129 rwaters@thompsonpump.com Experience Innovation Page 2 of 2 Packet Pg. 314  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Layne Christensen Company Change Order #3 for Del Cerro II Well DEPARTMENT: Water and Sewer BCC DISTRICT: 1 STATEMENT OF ISSUE: Approve Change Order #3 of Layne Christensen Company, Inc.’s Contract # C13-2026-WS, which would add additional scope of work to the construction of the Del Cerro II Public Water Supply Well. BACKGROUND: Okaloosa County entered into contract with Layne Christensen Co., Inc. on April 3, 2013 for the construction of the Del Cerro II Public Water Supply Well in the amount of $934,895. During the test well construction and testing, it was observed that the water bearing formation exhibited low yield and sand. Additional pumping and analysis was performed and a determination was made to continue with the development of the permanent well despite these obstacles in hopes that despite the low yield, a satisfactory well could be obtained though there was a real possibility that a gravel pack (filter) and screen or other measures might be required to abate the sand. The full diameter well has now been completed and test pumping has showed an improved yield, though the formation still produces sand. Change Orders #1 and #2 have been executed, for $20,640 and $10,740, respectively. The change orders are for the extended pumping and unforeseen circumstances with the surface casing. To remedy the high sand concentration and allow the well to be developed to produce water of such quality required by a public water supply well, a gravel pack (filter) and screen is required and has been recommended by the Contractor with concurrence by the project’s engineer. In addition to this requirement, realizing the well hydraulic losses that will be caused by the filter and screen, it is recommended that the capacity of the well be decreased from a minimum of 1,000 gpm to 750 gpm. 750 gpm is a satisfactory capacity for the needs of our system. Further, because much of the sizing and procurement of the electrical equipment is dependent on the measured hydraulics of the well which has been delayed due to the unforeseen problems, an increase in overall project time is requested by the Contractor and concurred by the project’s engineer. The above items will be accomplished via Change Order #3, which would add an additional $99,530 in scope of work. The resulting new contract price would then be $1,065,805. OPTIONS: Approve or deny. RECOMMENDATION: OCWS requests BCC approval to authorize the Chairman to execute Change Order #3 with Layne Christensen Company on Contract #C13-2026-WS for the Del Cerro II Public Water Supply Well, which authorizes the gravel pack and screen at a cost of Packet Pg. 315 $99,530, increases the total new contract price to $1,065,805, revises the minimum capacity of the well from 1,000 gpm to 750 gpm, and revises the contract time by adding 153 days to Substantial Completion and 122 days for Final Completion. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 316 Packet Pg. 317 Packet Pg. 318 Packet Pg. 319 Packet Pg. 320  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Polyengineering Task Order 115 Revision 2 DEPARTMENT: Water and Sewer BCC DISTRICT: 1 STATEMENT OF ISSUE: OCWS staff requests BCC approval of Revision 2 to Polyengineering Task Order 115 which provides for design, bid preparation and construction management services for Del Cerro II public water supply well project. OCWS has requested the services of Polyengineering under Task Order 115 per the terms of Contract #C05-1175-WS. Revision 2 (attached) adds $27,592.00 in scope of work to the current Task Order amount, for a new Task Order total of $166,432.00. BACKGROUND: Polyengineering Task Order 115, for $128,702, was approved by the BCC in February 2012. Polyengineering’s overall scope of work is to furnish engineering design, bid documents, and construction phase services for a new public supply well, Del Cerro II. Layne Christensen Company was the low bidder of the project and is under contract with Okaloosa County for the construction of this project. During the construction of the test well, a lower than expected yield was observed and the water bearing formation was producing sand in sufficient quantities to be of concern. Extensive discussions and evaluations were made on whether to further pursue or abandon the project; this additional work was covered in Polyengineering Task Order 115, Revision 1 for $10,138.00. The economics of abandoning the project were found untenable and despite the problems observed with the test well, it was believed a permanent well could be developed through several possible avenues (i.e. gravel pack, above-ground filter, or below-ground filter). The permanent well has subsequently been drilled and results obtained that prove a gravel pack and screen/filter will be required. The Contractor has submitted a change order for this work (Change Order #3 on this same BCC Agenda). Because of future maintenance on a gravel packed well, the well head needs to be housed outside of the on site building to minimize future well rehab costs. For example, the well may need to be re-chlorinated or acidized about 10 years from now. Since the well head was originally designed to be inside the building, changes are necessary in the engineering and architecture plans to move the well head outside of the building. Moving the water supply well head outside the building will necessitate both a revision to the previously approved site plan and also the redesign of the building to be in line with an outside well head configuration. In addition to new architectural drawings, the electrical and mechanical drawings will also require revision. Also, the Contractor, via his Change Order #3, requests an additional 4-month time extension. Additional time/costs are allotted within this task order revision to continue administering the project and provide continued on-site observation. Task Order 115 Revision 2 adds $27,592.00 in scope of work as outlined above. Packet Pg. 321 OPTIONS: Approve or deny. RECOMMENDATIONS: OCWS requests BCC approval to authorize the Chairman to execute Polyengineering Task Order 115 Revision 2, adding $27,592.00, for a total not to exceed amount of $166,432.00 on the Task Order. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 322 Packet Pg. 323 Packet Pg. 324 Packet Pg. 325  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Insituform Technologies Contract Renewal & Change Order #2 DEPARTMENT: Water and Sewer BCC DISTRICT: All STATEMENT OF ISSUE: Approve Contract Renewal for Contract #C12-1955-WS with Insituform Technologies for an additional two year period (as permitted by the original contract language) including the adjustment of bid prices by appropriate CPI increases, also as indicated in the contract. Concurrently, approve Change Order #2 to add additional scope of work for rehabilitation of gravity sewer lines in the Garniers Service Area (Phase III of this maintenance contract). For your review, attached is the Contract Renewal Form which includes Consumer Price Index (CPI) backup information and Certificate of Insurance, Change Order #2 Form, and Change Order #2 Breakdown. BACKGROUND: An annual maintenance contract with a two-year initial contract period for the rehabilitation of gravity sewer lines was awarded on May 24, 2012. As noted in the preceing paragraph, the contract language allows for a two year renewal. The initial phase, which included the rehabilitation of the main transmission lines along Santa Rosa Blvd. on Okaloosa Island was completed during the summer of 2012. OCWS staff was satisfied with the quality of work performed on the original phase and added to the contract. The next phase, adding scope of work with Change Order #1 (for $193,820.00), consisted of pre-rehabilitation cleaning and CCTV video inspection of an additional 45,000+ LF of gravity sewer previously identified as problematic, primarily on the Island and in the Ocean City/Wright areas. In addition, two heavily corroded cast iron pipe lines (one under Eglin Parkway in Shalimar) will be cleaned with specialty equipment, then relined in this phase. This work is scheduled to begin in April 2014. Upon completion of the work in Change Order #1, the next phase of the project will be the repair by either point repair or complete relining of problematic sections of pipe. The costs for the expected repairs in the area inspected in Change Order #1 will be added to the contract in Change Order #2 with an amount of $636,408.73. Simultaneously, the contract needs to be renewed for an additional two years, as outlined in the original contract. The current contract also allows for CPI increases with the contract renewal. As such, Insituform has requested a modest CPI increase - per the established CPI the past 2 years (1.7% in 2012 and 1.5% in 2013). This renewal will "lock in" unit prices through May 24, 2016. The contract was awarded to Insituform Technologies, LLC. of Chesterfield, MO. in the amount of $288,383.00 in May 2012. Change Order #1 added $193,820.00 to the original contract, for a revised contract total of $482,203.00. Change Order #2 will increase the total contract price to $1,118,611.73. Although this is called a "change order", no changes are being made to the contract terms and conditions, or unit prices (except for contract sanctioned CPI increases). This change order simply adds scope/quantities, as was originally intended to be Phase II of this Packet Pg. 326 mission critical work to address major issues related to aging sanitary sewer collection system infrastructure. OPTIONS: Approve or deny. RECOMMENDATIONS: OCWS requests BCC approval to authorize the Chairman to execute the Contract Renewal and Change Order #2 to Contract # C12-1955-WS with Insituform Technologies LLC, adding $636,408.73 in scope of work for the rehabilitation of gravity sewer (Phase II of maintenance contract). RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator 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  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: [Airport and Public Works] Foy Shaw Industrial Parkway - Bob Sikes Airport DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to: (1) Accept and approve the Florida Department of Transportation (FDOT) Supplemental Joint Participation Agreement (SJPA) and authorize the Chairman to execute the Supplemental Joint Participation Agreement Signature Resolution; (2) Approve the preferred environmentally and financially feasible Roadway Alignment for the Foy Shaw Industrial Parkway; (3) Approve the purchase of and payment for 3.07 Acres of Right-of-Way (ROW) which makes possible the preferred roadway alignment described as Parcel B under Parent Tract Tax ID No. 14-3N-23+0000-0039-0010 in Fair Market Value (FMV) appraised and certified amount of $58,000; (4) Authorize the solicitation of Request for Qualifications for an Environmental Assessment, Roadway Design, Permitting and Construction Phase Services, to be procured through Purchasing and managed by the Okaloosa County Department of Public Works. (5) and; Approve the composition of the Qualifications Review Committee as proposed. BACKGROUND: On September 17, 2013, the Okaloosa County Board of County Commissioners approved an Inter-local Agreement between the Okaloosa County Airports Department and the Okaloosa County Public Works Department to advance the design and construction of the new direct access connector roadway (Foy Shaw Industrial Parkway) between US Highway 90 and Bob Sikes Airport. 1. Pursuant to an evaluation of roadway alignment alternatives and based upon the preferred environmental and cost feasible alternative, the FDOT Joint Participation Agreement was revised with the Supplemental Joint Participation Agreement which revises the “deliverables” language in the agreement to include the acquisition of ROW enabling the grant to fund the purchase of the required 3.07 acres of land. 2. The planned construction of the Foy Shaw Industrial Parkway connector roadway has a revised alignment between US Highway 90 and John Givens Road to the west, and south of the Bob Sikes Airport (CEW) runway protection zone (RPZ) in Crestview, Florida. The Public Works Department in coordination with the Department of Airports has determined that the preferred alignment best meets schedule, budget and environmental (wetlands) conditions. The preferred alternative is depicted as Exhibit A. Packet Pg. 338 3. The 3.07 acres of ROW land required for the preferred roadway alignment was appraised and independently certified by the FDOT. The willing sellers, Mr. & Mrs. Howard have signed an agreement to sell the 3.07 acres from their 10 acre parcel at the State Certified Appraisal price of $58,000. The purchase agreement is depicted as Exhibit B. 4. A competitive selection process based on qualifications through an RFQ is required for the selection of an engineering firm to provide an Environmental Assessment, Roadway Design, Permitting and Construction Phase Services for the roadway project. 5. Proposed Review Committee Members: a. Commissioner Wayne Harris b. John Hofstad or Designee c. Tracy Stage d. Mike Stenson The County's Purchasing Department will coordinate the process and serve as a facilitator for any meetings of the review committee. OPTIONS: Approve, Reject or Table RECOMMENDATIONS: Approve items 1 through 5 in the Statement of Issue. 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On Apr 8, 2014, at 10:24 AM, "Lori Fox" <lfox@co.okaloosa.fl.us> wrote: Good morning, Please let me know if the change Mr. Stage has made to this item as stated in his below email is sufficient. If so, I will move forward with submitting the agenda item into our system for approval. Thank you, Lori A. Fox Okaloosa County Airports 1701 State Road 85 N Eglin AFB, FL 32542 (850) 651-7160 ext. 4 <image001.jpg> Northwest Florida Regional Airport (VPS) . Destin/Ft. Walton Beach Airport (DTS) . Bob Sikes Airport (CEW) Please consider the environment before printing this email. From: Tracy Stage Sent: Tuesday, April 08, 2014 8:35 AM To: 'Stewart, Greg'; Hoshihara, Lynn Cc: Sunil Harman; Lori Fox; Wendy Cain Subject: RE: Foy Shaw Industrial Parkway - April 15 BCC Item 4 in the “Background” has been revised in MinTraq to read as follows: 4. A competitive selection process based on qualifications through an RFQ is required for the selection of an engineering firm to provide an Environmental Assessment, Roadway Design, Permitting and Construction Phase Services for the roadway project. Tracy From: Stewart, Greg [mailto:gstewart@ngn-tally.com] Sent: Tuesday, April 08, 2014 7:18 AM To: Tracy Stage; Hoshihara, Lynn Cc: Sunil Harman; Lori Fox; Wendy Cain Subject: RE: Foy Shaw Industrial Parkway - April 15 BCC file:///C:/Users/rosims/AppData/Local/Temp/MinuteTraq/OkaloosaCountyFL@OkaloosaC... Packet4/10/2014 Pg. 425  Page 2 of 3 Tracy – I had the same confusion about issue 5 in the packet. You might want to simply rephrase it to request authority of the Board to prepare and bring back to the Board a RFQ relating to the provisions of the services that complies with CCNA. The language about the dollar amount and continuing service contract was confusing. This might help the Board understand the request. From: Tracy Stage [mailto:tstage@co.okaloosa.fl.us] Sent: Monday, April 07, 2014 8:42 PM To: Hoshihara, Lynn Cc: Sunil Harman; Lori Fox; Wendy Cain; Stewart, Greg Subject: Re: Foy Shaw Industrial Parkway - April 15 BCC Hello Lynn, 1. We are only requesting approval to purchase the 3.07 acres. Purchase contract and deed will follow to subsequent mtg for approval and chairman's signature. In short, if the BCC denies this 1 item, it terminates the following requests...and the project. 2. I'm not sure what's confusing? Yes, requesting board approval to solicit RFQ's and the appointment of a Review Committee. Yes, it will be accomplished per the CCNA. Thank you for your expeditious review. Should the BCC approve all items, we will return with a land purchase contract and an engineering proposal for the environmental and design (from RFQ process). Let me know if you have any more questions. Thanks again, Tracy Sent from my iPhone On Apr 7, 2014, at 5:39 PM, "Hoshihara, Lynn" <lhoshihara@ngn-tally.com> wrote: Tracy, I reviewed the agenda item and attachments relating to the Foy Shaw Industrial Pkwy connector and I have a couple of concerns. 1) The agenda item requests Board approval for the purchase of and payment for 3.07 acres of ROW. However, there is no sales/purchase contract nor form Warranty Deed included in the attachments. These will need to be presented to the Board before they can grant final approval. 2) Paragraph 5 under the “Background” section of the agenda item is a bit confusing. Were you seeking direction from the Board as to whether CCNA is applicable? Or seeking authorization to proceed with an RFQ pursuant to CCNA? I will be traveling for the next two days, but you can reach me via email or cell 850- 502-0687. Thanks, Lynn file:///C:/Users/rosims/AppData/Local/Temp/MinuteTraq/OkaloosaCountyFL@OkaloosaC... Packet4/10/2014 Pg. 426  Page 3 of 3 From: Tracy Stage [mailto:tstage@co.okaloosa.fl.us] Sent: Friday, April 04, 2014 1:47 PM To: Hoshihara, Lynn Cc: Sunil Harman; Lori Fox; Wendy Cain Subject: FW: Foy Shaw Industrial Parkway - April 15 BCC Importance: High Lynn, Request attached for subject agenda item. Thank you and have a great weekend. Tracy From: Tracy Stage Sent: Friday, April 04, 2014 12:05 PM To: Zan Fedorak; Jack Allen; 'Marcella B. Eubanks'; gstewart@ngnlaw.com; Hoshihara, Lynn Cc: Sunil Harman; Mike Stenson; Jon Morris; Wendy Cain; Lori Fox Subject: Foy Shaw Industrial Parkway - April 15 BCC Importance: High Good Morning, Please find the attached April 15 BCC Action Item which presents 6 sub approval requests within one action supporting one project. This item will be presented to the BCC by Airports and Public Works, championed by Commissioner Wayne Harris. The sub approval requests are summarized below and all supporting documentation is enclosed. Please let me know what if any additional “coordination” is required. 1. SJPA 2. Chairman’s Signature 3. FS Alignment 4. Purchase/Payment of 3.07 Acres 5. RFQ 6. RFQ Committee Marcella: Jon will contact you upon his return Monday should you have any questions on the SJPA. Thank you all for your support. Tracy Stage, A.A.E. Deputy Director Okaloosa County Airports (850) 651-7160 Ext. 4 http://www.flyvps.com file:///C:/Users/rosims/AppData/Local/Temp/MinuteTraq/OkaloosaCountyFL@OkaloosaC... Packet4/10/2014 Pg. 427  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Overlook at Chestnut Ridge subdivision and roadway improvements on East Chestnut Avenue DEPARTMENT: Public Works BCC DISTRICT: One STATEMENT OF ISSUE: The developer has requested approval by the Board of County Commissioners for the project to enter into the County's permanent maintenance system. BACKGROUND: On June 19, 2012 the project entered into the 18- month warranty period. The Maintenance Bond No.FLC78407 expires on June 19, 2014. The improvements dedicated to the Public have been inspected and are now ready and eligible for acceptance as part of the permanent maintenance system. Infrastructure dedicated to the Public includes right-of-ways, roads, signage, stormwater management areas and associated easements. The referenced items associated with this request are attached as exhibits for reference. OPTIONS: Approve/Disapprove the Developer's request. RECOMMENDATIONS: Approve acceptance of the work performed within the Overlook at Chestnut Ridge Subdivision to enter into the County's permanent maintenance system and release the Maintenance Bond No. FLC78407 issued by Merchants Bonding Co in the amount of Two Hundred Forty One Thousand Eight Hundred Nineteen and 00/100 Dollars ($241,819.00). RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 428 Packet Pg. 429 Packet Pg. 430 Packet Pg. 431 Packet Pg. 432 Packet Pg. 433  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Veterans Park Wooden Pedestrian Bridge DEPARTMENT: Public Works BCC DISTRICT: Two STATEMENT OF ISSUE: Approval to purchase material to rebuild the wooden pedestrian walk bridge across Memorial Pond located in Veterans Park on Okaloosa Island and additional material to modify the recently constructed walking trail located on the east side of the property. BACKGROUND and ANALYSIS: The pedestrian bridge across Memorial Pond has deteriorated and is need of repair. In the past, the bridge was used as a cart path for patrons of the old par 3 golf course. The closure of the golf course after Hurricane Ivan left most of the site and support facilities, including the pedestrian bridge, in disrepair. The Gulf Coast Marine Life Center has agreed to provide the labor for the repairs to the bridge with Okaloosa County supplying material. The existing bridge was 8 ft wide and 170 ft long. As part of the Phase I improvements to Veterans Park, plans call for reconstructing the bridge to its original width and length. The bridge, when repaired, will tie into the newly constructed pedestrian walkway on the east and west side of the pond allowing pedestrians to cross over the pond. A materials cost estimate has been prepared and the linear foot estimate is $61.73, for a total cost of $10,500.00. Funds for the materials are available utilizing the existing Facility Lease fees for the two leased parcels fronting US Hwy 98. In addition to this project, Public Works staff is in the process of completing the Phase 1 walking trail through the east end of the Veterans Park property ($26,068 spent to date). As our staff neared completion of the project, some concerns were raised as to the ability of the path to accommodate disabled patrons. While staff cannot change the topography of the parcel to meet ADA construction standards, further hardened improvements can be made to the path to accommodate disabled patrons. This modification would require decking the recently installed walking path at a cost of $20,000. It should be noted that decking the walking path will not ensure full compliance with ADA standards. However, this would be considered a “reasonable” accommodation given the site constraints on the property. As stated above, the County cannot secure permits through the State or US Army Corps of Engineers to alter the topography of the land since it is considered a protected Coastal Dune system. This alone would make it nearly impossible to meet grading requirements consistent with ADA standards. OPTIONS: Approve/disapprove the purchase of materials needed for the pedestrian bridge Packet Pg. 434 repairs and modifications to the Phase 1 walking trail. RECOMMENDATIONS: Approve purchase of materials at an estimated cost of $10,500.00 for the pedestrian bridge across Memorial Pond and $20,000 for modifications to the Phase 1 walking trail on the east end of the property utilizing Facility Lease fee funds. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 435 From: John Hofstad To: Roland Sims Subject: FW: Materials List Date: Wednesday, April 09, 2014 3:40:04 PM Attachments: image001.png As discussed, please attach this to agenda item #2713. Thank you John Hofstad Public Works Director Okaloosa County Public Works 1759 South Ferdon Blvd. Office (850) 423-4826 Fax (850) 689-5786 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. From: Pat Barcus [mailto:pbarcus@gcmlc.com] Sent: Wednesday, April 09, 2014 3:35 PM To: John Hofstad Subject: Re: Materials List John Please use this email as confirmation that the GCMLC intends to donate the labor necessary to rebuild the bridge on the island. Thanks Pat Sent from my iPhone On Apr 8, 2014, at 12:02 PM, John Hofstad <jhofstad@co.okaloosa.fl.us> wrote: Thanks, John Hofstad Public Works Director <image001.png> Okaloosa County Public Works 1759 South Ferdon Blvd. Office (850) 423-4826 Fax (850) 689-5786 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. From: Pat Barcus [mailto:pbarcus@gcmlc.com] Sent: Tuesday, April 08, 2014 11:12 AM To: John Hofstad Cc: Pat Barcus; James Puckett Subject: Re: Materials List Hi John. Packet Pg. 436 Ill circle back with you later today. Traveling Back to Destin now. Thanks Pat Sent from my iPhone On Apr 8, 2014, at 9:31 AM, John Hofstad <jhofstad@co.okaloosa.fl.us> wrote: Good Morning again Pat, Forgot to ask in my earlier email, but did you get a chance to check with your contractor on a materials take off for the bridge work?? John Hofstad Public Works Director <image001.png> Okaloosa County Public Works 1759 South Ferdon Blvd. Office (850) 423-4826 Fax (850) 689-5786 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. Packet Pg. 437  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Funding for DAG Contract on SO New Building DEPARTMENT: Facility Maintenance BCC DISTRICT: All STATEMENT OF ISSUE: (FM) Request BCC approval of funding source for the DAG Design Services Contract for the Sheriff's New Shalimar Building. BACKGROUND: The Board approved the Design Services Contract with DAG in the amount of $80,000 for the Sheriff's new Shalimar building at the April 1, 2014 BCC meeting. However, no funding source was identified at that meeting. The Board set aside $400,000 for Land Acquisitions in the 301-3160-561100 account. This account has no current encumbrances; therefore, some or all of the fund may be made available for current projects. RECOMMENDATIONS: (FM) The BCC is requested to approve a budget transfer in the amount of $100,000 from the 301-3160-561100 account to be used to fund the DAG Design Services Contract for the Sheriff's New Shalimar Building and other incidental engineering expenditures. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 438  SUNGARD PENTAMATION, INC. PAGE NUMBER: 1 DATE: 04/08/2014 OKALOOSA COUNTY BOCC AUDIT21 TIME: 09:59:26 EXPENDITURE AUDIT TRAIL SELECTION CRITERIA: orgn.fund=’301’ and orgn.orgn4=’3160’ ACCOUNTING PERIOD: 7/14 SORTED BY: FUND,DEPARTMENT TOTL,DEPARTMENT,ACCOUNT TOTALED ON: FUND,DEPARTMENT TOTL,DEPARTMENT PAGE BREAKS ON: FUND,DEPARTMENT TOTL FUND − 301 − CAPITAL PROJECTS FUND DEPARTMENT − 3160 − CAP OUTLAY PROJ−JUDICIAL ACCOUNT CUMULATIVE DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION BALANCE 301−510−519−3160−3160 − CAP OUTLAY PROJ−JUDICIAL 534500 CS−PERSONNEL 32,000.00 16,155.24 .00 BEGINNING BALANCE TOTAL CS−PERSONNEL 32,000.00 16,155.24 .00 15,844.76 546101 RM−GAL RENOVATIONS 10,000.00 4,522.67 .00 BEGINNING BALANCE TOTAL RM−GAL RENOVATIONS 10,000.00 4,522.67 .00 5,477.33 561100 LAND−GENERAL GOVERNMENT 400,000.00 .00 .00 BEGINNING BALANCE TOTAL LAND−GENERAL GOVERNMENT 400,000.00 .00 .00 400,000.00 562132 SHALIMAR ANNEX−PHASE II 738,080.00 73,133.18 .00 BEGINNING BALANCE TOTAL SHALIMAR ANNEX−PHASE II 738,080.00 73,133.18 .00 664,946.82 562170 COURTHOUSE ANNEX EXTENSN 27,697.00 27,697.00 .00 BEGINNING BALANCE TOTAL COURTHOUSE ANNEX EXTENSN 27,697.00 27,697.00 .00 .00 562248 SHERIFF−CAMPUS RENOVATION 150,000.00 12,997.50 3,970.42 BEGINNING BALANCE 04/03/14 21−7 21400836−01 1404560 20600515 WITTICHEN SUPPLY 2,206.00 −2,206.00 FUJ.AOU36RLXFZ MINI SPLIT 04/03/14 21−7 21400836−02 1404560 20600515 WITTICHEN SUPPLY 1,404.00 −1,404.00 FUJ.ASU18RLF MINI SPLIT F 04/03/14 21−7 21400836−03 1404560 20600515 WITTICHEN SUPPLY 29.00 −29.00 FUJ.K9FZ1618 FITTING KIT 04/03/14 21−7 21400836−04 1404560 20600515 WITTICHEN SUPPLY 73.18 −73.18 3/8" X 50’ COPPER TUBING 04/03/14 21−7 21400836−05 1404560 20600515 WITTICHEN SUPPLY 109.20 −109.20 1/2" X 50’ COPPER TUBING 04/03/14 21−7 21400836−06 1404560 20600515 WITTICHEN SUPPLY 32.76 −32.76 3/8" X 1/2" TUBING INSULA 04/03/14 21−7 21400836−07 1404560 20600515 WITTICHEN SUPPLY 34.44 −34.44 1/2" X 1/2" TUBING INSULA 04/03/14 21−7 21400836−08 1404560 20600515 WITTICHEN SUPPLY 81.84 −81.84 14/4 MINI SPLIT WIRE − 50 Packet Pg. 439 TOTAL SHERIFF−CAMPUS RENOVATION 150,000.00 16,967.92 .00 133,032.08 562249 CLERK−RECORDING OFFICE 50,000.00 8,445.26 13,129.27 BEGINNING BALANCE 04/03/14 21−7 21400821−01 1404382 20600784 BOB TAYLORS INC 3,920.75 −3,920.75 SHAW MOMEMTUM IV− STYLE # 04/03/14 21−7 21400821−02 1404382 20600784 BOB TAYLORS INC 264.00 −264.00 SHAW 500 CARPET TILE ADHE 04/03/14 21−7 21400821−03 1404382 20600784 BOB TAYLORS INC 264.00 −264.00 BURKE MERCER VINYL COVE B * THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTION  SUNGARD PENTAMATION, INC. PAGE NUMBER: 2 DATE: 04/08/2014 OKALOOSA COUNTY BOCC AUDIT21 TIME: 09:59:26 EXPENDITURE AUDIT TRAIL SELECTION CRITERIA: orgn.fund=’301’ and orgn.orgn4=’3160’ ACCOUNTING PERIOD: 7/14 SORTED BY: FUND,DEPARTMENT TOTL,DEPARTMENT,ACCOUNT TOTALED ON: FUND,DEPARTMENT TOTL,DEPARTMENT PAGE BREAKS ON: FUND,DEPARTMENT TOTL FUND − 301 − CAPITAL PROJECTS FUND DEPARTMENT − 3160 − CAP OUTLAY PROJ−JUDICIAL ACCOUNT CUMULATIVE DATE T/C ENCUMBRANC REFERENCE VENDOR BUDGET EXPENDITURES ENCUMBRANCES DESCRIPTION BALANCE 562249 CLERK−RECORDING OFFICE (cont’d) 04/03/14 21−7 21400821−04 1404382 20600784 BOB TAYLORS INC 63.48 −63.48 COVE BASE ADHESIVE GLUE − 04/03/14 21−7 21400821−05 1404382 20600784 BOB TAYLORS INC 8.84 −8.84 COVE BASE CAULKING GUN NO TOTAL CLERK−RECORDING OFFICE 50,000.00 12,966.33 8,608.20 28,425.47 599300 RESERVE−FUTURE CAP OUTLAY 360,917.00 .00 .00 BEGINNING BALANCE TOTAL RESERVE−FUTURE CAP OUTLAY 360,917.00 .00 .00 360,917.00 TOTAL DEPARTMENT − CAP OUTLAY PROJ−JUDICIAL 1,768,694.00 151,442.34 8,608.20 1,608,643.46 TOTAL DEPARTMENT TOTL − CAPITAL OUTLAY−JUDI 1,768,694.00 151,442.34 8,608.20 1,608,643.46 TOTAL FUND − CAPITAL PROJECTS FUND 1,768,694.00 151,442.34 8,608.20 1,608,643.46 TOTAL REPORT 1,768,694.00 151,442.34 8,608.20 1,608,643.46 Packet Pg. 440 * THERE IS A NOTE ASSOCIATED WITH THIS TRANSACTION  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Paul Lawson SUBJECT: [DOC] State Criminal Alien Assistance Program Grant Application DEPARTMENT: Corrections BCC DISTRICT: ALL STATEMENT OF ISSUE: Approve submission of an on-line grant application to the U.S. Department of Justice for the FY 2014 State Criminal Alien Assistance Program. BACKGROUND: State and Local units of government that have authority over correctional facilities that incarcerate or detain undocumented criminal aliens for a minimum of 4 consecutive days are eligible to apply for the State Criminal Alien Assistance Program (SCAAP) funds. This annual grant has generated over $159,000.00 of revenue over the past five years. These funds have been used to off-set inmate medical expenses. Okaloosa County Department of Corrections is requesting this grant in an effort to reduce the cost of housing undocumented aliens charged with crimes. Deadline for submission is May 13, 2014. OPTIONS: Approve or Disapprove RECOMMENDATIONS: Approve the chairman’s signature for submission of the on-line grant application to the U.S. Department of Justice and if successful authorization for the Chairman to accept the grant award and sign any future grant documents during the term of the grant. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 441 State Criminal Alien Assistance Program State Criminal Alien Assistance Program 2014-H0823-FL-AP ta~ •'' Application J Switch to ... OMB Number: 1121-0243 Expires: 02/29/2004 Application Handbook Applicant Information Application Number: 2014-H0823-FL-AP Applicant Welcome to the SCAAP on-line application process for Fiscal Year 2014. Contact As you begin the FY 2014 SCAAP application, BJA recommends a complete review of the Program Guidelines. This will ensure you understand all SCAAP requirements and ACH Bank restrictions, and have an opportunity to read any sections added or clarified since FY 2013. Now and at any time you need assistance, the Guidelines may be found by simply clicking on the SCAAP Help link, located in the left margin of each GMS application page. At the end of the Guidelines, you will find a list of additional resources for further assistance and technical support. If you have difficulty accessing the Guidelines through the SCAAP Help link, Click here for access to the Adobe Acrobat (pdf) version: https://www.bja.gov/Funding/14SCAAP_Guidelines.pdf SCAAP Help The FY 2014 SCAAP reporting period is 12:00 a.m. (midnight), July 1, 2012 to 11:59 p.m., GMS Home June 30, 2013. The SCAAP application requires you to provide correctional officer information and salary costs, the total of all inmate days, and details about qualifying undocumented Log Off criminal aliens housed in your correctional facilities for four or more consecutive days during the 12-month reporting period. Applications will be accepted through OJP's online Grants Management System (GMS) The deadline for submitting a SCAAP application is 6:00pm (e.d.t.), Tuesday, May 13, 2014. As usual, BJA strongly recommends you complete and submit your application at the earliest possible date. Deadline extension will not be granted. Please ensure that the Applicant, CEO, and Contact information is accurate, and up to date. BJA will be verifying email addresses, as this in our primary means of communicating with you during and after the application process. Incorrect or faulty email addresses may affect the timeliness of your application processing by BJA. Applicant/Organization Information * Employer Identification Number: G- J 60007651 *Type of Applicant: ICounty. · . h; *Organizational Unit: J Department of Corrections I https://grants.ojp.usdoj.gov/gmsextemal/application.do?aspcct=Application&application!D=246568[4/4/2014 I: 15: 13 PM] Packet Pg. 442 State Criminal Alien Assistance Program *Legal Name (Legal Jurisdiction Name): Okaloosa County BCC *Vendor Address 1: c/o Contracts & Grants Vendor Address 2: 1804 Lewis Turner Blvd., Suite 206 I *Vendor City: Fort Walton Beach Vendor County: * Vendor State: Flortda · <<1i~'"'.> * Vendor ZIP: 32547 I I12ss I Zip+4 Lookup Please enter the CEO information for your jurisdiction below. Remember, this is the CEO of the level of government, not the implementing agency. (Note: Hit the TAB key to move between fields) CEO Of Your Jurisdiction: Governor, Cabinet-level State Official, County Administrator, County Judge, County Comissioner, Mayor, or City Manager *Erefix: IChairman Other Prefix: ::=============~ *First Name: ~IC_ha_rl_e_s_ _ _ _ _ _~ Middle Initial: [D *Last Name: ~IW-in_d_e_s-------~ 5.u.ffix: IJ r. Other Suffix: ::=========--------. ::===============: *Iltl.e: IChairman *~: ( ~) ~- lnool Phone Ext: 14381 I w:C~)8-~ *frrul.ll: grants@clerkofcourts.cc Email Help *Address 1: c/o Contracts & Grants Address 2: 1804 Lewis Turner Blvd., Suite 206 *Q.bl: Fort Walton Beach County: Okaloosa *State.: Florida ::===::----;::::==~-----~ *Zip Code: 325471 - j 12ss I Zip+4 Lookup *- Indicates required field Save Inforrnatmn https://grants.ojp.usdoj.gov/gmsextemal/application.do?aspect=Application&applicationl 0=246568[ 4/4/2014 I: 15: 13 PM] Packet Pg. 443 State Criminal Alien Assistance Program State Criminal .lilien Assistance Program 2014"'0&23-FL-AP ( Q,' ,., Applicatjon j Switch to ... OMB Number: 1121-0243 Expires: 02/29/2004 Application Handbook Contact Information Application Number: 2014-H0823-FL-AP Applicant Please enter the alternate contact information below. (Note: Hit the TAB key to move between fields) Contact *.er:efiA: j Mrs. ;::::==========--~~ Prefix other: ::::::=================: *First Name: I....M_a_rc_e_l_la_ _ _ _ _ __. Middle Initial:~ *Last Name: ~IE_u_b_a_n_k_s-----------~ £u.ffix: ISelect a Suffix SCAAP Help Other Suffix: GMS Home *Iitl.e: I:=================='----~~-----. Contracts & Grants Mgr. Log Off *fb.Qne: ( ~) ~-1 noo I Phone Ext: 14381 I fax:(~)~-~ *f.m.ail: grants@clerkofcourts.cc Email Help *Address 1: c/o Contracts & Grants Address 2: 1804 Lewis Turner Blvd., Suite 206 *Q.t:t: Fort Walton Beach County: *State.: ~=====================---. I Florida ~:=:::;--;=:::::::;~~~~~~--' *Zip Code: j 32547 j- j 12ss j Zip+4 Lookup *- Indicates required field https://grants.ojp.usdoj.gov/gmsextemal/contactSCAAP.dof 4/4/2014 I: 15:25 PM] Packet Pg. 444 State Criminal Alien Assistance Program Save Information https://grants.ojp.usdoj.gov/gmsextemal/contactSCAAP.do[ 4/4/2014 1: 15:25 PM] Packet Pg. 445 State Criminal Alien Assistance Program State Criminal Alien Assistance Program 2014-H0823-FL-AP u~\ ·" Application ISwitch to ... Financial Institution Information Please provide the following financial institution information. All of this information is Application Handbook required to transfer funds to your jurisdiction's account electronically. *Name ofl Institution: SunTrust Bank *Address I Line l: 99 Race Track Rd NE Address Line Contact 2: ACH Bank * City: IFt. Walton Beach * State: l"Aorida c: Inmate ::=::::===========::;-~~~--' *Zip: 132547 facility P~:~~:k Isso I -~ -157031 submit * ACH . . . . - - - - - - - - - - - - . I Coordinator Connie Speller Name: SCAAP Help *Routing ~61000104 Number: . I GMS Home *Account..------------. Okaloosc Co Board of County Comm1ss1oner-Concentr<1t1on Log Off Title:'------------' I *Account 0458210003824 Number: . * Account Ch k. Type: . ec ing I *Is this account r.;-:-i Interest~ Bearing: *Please indicate if your jurisdictions ACH information has changed from your last SCAAP disbursement. https://grants.ojp.usdoj .gov/gmsextemal/achBank.do[4/4/2014 1: 15 :51 PM J Packet Pg. 446 State Criminal Alien Assistance Program Select (Yes. or No): ~I_N_o~~~~~---i___. * - Indicates required field Save and Continue Cancel Print a Copy https://grants.ojp.usdoj.gov/gmsextemal/achBank.do[4/4/2014 1: 15:51 PM] Packet Pg. 447 State Criminal Alien Assistance Program State Criminal Alien Assistance Program 2014-H0823-FL-AP t ·l}j ·" Application I Switch to ... OMB Number: 1121-0243 Expires: 02/29/2004 Application Handbook Inmate Information Application Number: 2014-H0823-FL-AP BJA strongly recommends that you read the Inmate Reporting Requirements section of the FY Applicant 2014 SCAAP Guidelines prior to beginning this portion of the application. Instructions here deal primarily with the mechanics of the upload process and do not address statutory or Contact programmatic requirements and restrictions. For the current ICE Country Code listing, click here: ACH Bank https://www.bja.gov/Funding/14 ICE Country Codes.pdf Inmate Inmate Data File Overwrite and Deletion: You may select the file upload method that facility best meets your needs. However, if you switch upload methods at any time, the inmate files uploaded or entered via the previous method will be overwritten and deleted. Additionally, Submit once inmate records are uploaded into GMS via the Direct File Upload method, any subsequent upload deletes and overwrites the previous file in its entirety. SCAAP Help Due Diligence: Applicants are required to certify that they used due diligence in the GMS Home preparation and submission of their inmate files. For an explanation of this concept, view applicable sections of the FY 2014 Guidelines or click here: Log Off https://www.bja.gov/Funding/14SCAAP Guidelines.pdf THE TWO INMATE DATA FILE UPLOAD METHODS ARE: Upload File (Direct File Upload): This method allows you to submit your entire set of qualifying inmate records as a single ASCII formatted file directly into GMS. Click here for information about the required format: https://www.bja.gov/Funding/14SCAAP Inmate Data Elements.pdf During the Upload File process, a red flashing bar will appear at the bottom of your screen. This bar will continue to flash until the inmate file upload is complete. Upon completion, you will receive an on-screen status report, listing the total number of inmate records and the number of records that are complete. In addition, the report will provide a detailed list of inmate records (by file number) that are incomplete or have data format errors and the nature of the errors. Upon receipt of the on-screen data report, you must either correct the data errors and upload the file again or submit the file with the errors. You should print the on-screen report for your records. Warning: Once inmate records are uploaded using this method, any subsequent upload deletes and overwrites the previous file in its entirety. https://grants.ojp.usdoj.gov/gmsextemal/inmateSCAAP.do[41412014 I: 18:07 PM] Packet Pg. 448 State Criminal Alien Assistance Program Enter Data (Direct Data Entry): This method allows you to manually enter each inmate's data directly into an online template. This approach is best suited for jurisdictions with smaller facilities or small criminal alien populations. Drop-down menus are provided for selecting incarceration dates, date of birth, and country of birth (the complete country names are listed). Access to Submitted Files: Once your FY 2014 application is submitted, inmate files are no longer available for changes or additions. To ensure that the maximum number of inmate records are considered for payment, please correct any data errors at the time of the file upload and before the Application is submitted. Requests to reopen submitted applications are discouraged and may not be honored by BJA. For Upload File method. please follow these steps: Step 1: Click on the "Upload File" radio button. Step 2: Click on the "Upload" box to attach your file. A pop-up window will appear. Step 3: Click on the "Browse" button in the pop-up window. Step 4: Find your file name and double-click on it. The file name will appear in the blank field. Step 5: Click the save button and a message will appear in the pop-up window, telling you the status of your upload. Click the "X" in the upper right corner of the pop-up box to close it. Your inmate file name will now appear next to the upload button on the main page. Step 6: Click on the "Save Information" button to continue on to the next phase of the application process. For Enter Data method. please follow these steps: Step 1: Click on the "Enter Data" radio button. Step 2: Click one of the four corresponding boxes. "Add" to add inmate data, "Select All" to select all inmate records entered, "Un-Select All" to un-select all inmate records entered, and "Delete Selected" to delete all selected inmate records. Step 3: Click on the "Save Information" button to continue on to the next phase of the application process. o{certify that the inmate data and records provided in this SCAAP application are in keeping with all SCAAP program and statutory requirements included in the SCAAP 2014 Guidelines. I used due diligence in determining the accuracy of the inmate records contained in this application, and I did not submit inmate records for an otherwise qualifying inmate where the jurisdiction's records indicated the inmate: (1) was born in the United States or one of its territories, (2) had a claim to U.S. citizenship, (3) was a U.S. citizen, or (4) did not qualify as an undocumented criminal alien in accordance with the SCAAP statute. Sanctions, including referral to a U.S. Attorney's Office, recalculation and/or return of awarded funds, or other sanctions, may be made when a jurisdiction knowingly submits false data or makes claims for ineligible inmates. Inmate Information How will inmate information be entered? 0Enter Data 0Upload File Aftachmcnt Inmate List Asen File : OK Upload Save Information https://grants.ojp.usdoj.gov/gmsextemal/inmateSCAAP.do[4/4/2014 I: 18:07 PM] Packet Pg. 449 State Criminal Alien Assistance Program State Criminal Alien Assistance Program 2014-H0823-FL-AP Q; ' " Application ISwitch to ,,, OMB Number: 1121-0243 Expires: 02/29/2004 Application Handbook Facility Information Application Number: 2014-H0823-FL-AP Applicant BJA strongly recommends that you read the Facility and Correctional Officer Reporting Requirements section of the FY 2014 SCAAP Guidelines prior to beginning this portion of the Contact application. Instructions and definitions here are general in nature and do not address all the statutory or programmatic requirements and restrictions that are covered in the Guidelines. ACH Bank Correctional Officers include employees, officers, and contractual staff whose primary Inmate responsibility is the control, custody, or supervision of persons detained (pretrial detention) and incarcerated (convicted and sentenced inmates). Employees, officers, and contractual Facility staff whose primary responsibility is providing non-custody services to the facility or its inmate population are not eligible for inclusion in the SCAAP salary calculation. Submit CO Salary costs must reflect the total actual salaries and wages paid to correctional officers SCAAP Help during the reporting period, July 1, 2012 to June 30, 2013. Benefits should not be included in this total. GMS Home FTEs (Full Time Equivalents) is calculated by taking the sum of all work hours during the Log Off reporting period for qualifying part-time correctional officers and dividing that total by 1,980. The result is the FTE. Total Bed Count is the total number of the jurisdiction's inmate beds in all facilities, including temporary, non-traditional and/or overflow accommodations (e.g. gymnasiums, open bays, etc). If the number varied during the reporting period, select and report the number that best reflected your jurisdiction's most typical operating conditions. Total Number of Days for ALL Inmates is the cumulative number of incarceration and detention days attributable to all inmates housed in the jurisdiction's qualifying facilities during the reporting period. It includes all inmates, regardless of their inmate status, citizenship, disposition, or length of stay. It does not refer to the cumulative total daily capacity of the jurisdiction's facilities, or to the total number of days only attributable to undocumented criminal aliens. If the Total All Inmate Days exceeds the maximum capacity (Total Bed Count X 365), your jurisdiction will be required to provide an explanation. Please access the SCAAP Help section for a complete discussion of Facility and Correctional Officer information, definitions, requirements and restrictions. https://grants.ojp.usdoj.gov/gmsextemal/facilitySCAAP.do[4/4/20l4 l :24: l 3 PM] Packet Pg. 450 State Criminal Alien Assistance Program The following information for Fiscal Year 2014 SCAAP must reflect your correctional facility(ies) information for the reporting period of July 01, 2012 through June 30, 2013. Correctional Officer Information: (Use decimal values if needed to express full or partial full-time equivalents (FTE)) * Please report the maximum number of full-time correctional officers your facility(ies) employed du ring the reporting period: I114.3 * Please report the maximum number of part-time correctional officers your facility(ies) employed during the reporting period: (Please report as I fil's) ..o . _____, *Please report the maximum number of contracted full-time correctional . - - - - - - . officers your facility(ies) employed during the reporting period: o____....1 1.-I *Please report the maximum number of contracted part-time correctional officers your facility(ies) employed during the reporting period:(Please report as EIE's) ; lo Total number of correctional officers your facility(ies) employed during the reporting period: (calculated from above) 1114.3 *Please enter the total salary costs paid to all correctional officers during the reporting period. Do not use commas: The reported sum should total the jurisdiction's actual salary expenditures for the reporting period, not an estimate or average. Correctional officer salary costs may include premium pay for specialized service, shift differential pay, and fixed-pay increases for time in service. It may also include overtime required by negotiated contract, statute, or $ ~------~ 1 regulation such as union agreements, contractual obligations, and required post staffing minimums. . 5264283. 7 Facility(ies) Information *Total bed count for correctional facility(ies): 16_3_1 ... _ _ _..... * Total oumber of days for ALL inmates {legal aliens, illegal aliens, unknowns and U.S. citizens) housed in your facility(ies) for the reporting period (Do not report your capacity. BJA Requires an actual count of ~----~ inmates housed during the reporting period): 1230315 * - Indicates required field ii certify that the facility and correctional officer data provided in this SCAAP application are in keeping with all SCAAP program and statutory requirements included in the SCAAP 2014 Guidelines. I further understand that inaccurate, misleading, or fraudulent information provided on this form may result in various sanctions or corrective actions, including the application being disapproved, the award amount being recalculated, or awarded funds being returned to DOJ. Save Information Clear https://grants.ojp.usdoj.gov/gmsextemal/facilitySCAAP.do[ 4/4/2014 1:24:13 PM J Packet Pg. 451 State Criminal Alien Assistance Program State Criminal Alien Assistance Program 2014-Hos23-FL-AP ( ~~14 "'" Application I Switch to ... OMB Number: 1121-0243 Expires: 02/29/2004 Application Handbook Facility Information The following problems were found: • The total number of days for all inmates for this year deviates by more than 15.0% Applicant compared to last year. Contact Application Number: 2014-H0823-FL-AP ACH Bank Please enter a comment to explain the discrepancies reported above: Inmate (Note: The facility data you entered on the previous page will not be saved until you enter a comment below and click the Save Information button. If you would like to change your Facility information, please click the Cancel button.) Submit . :--.mate ta~e i~creased due t:ljing ~ rP ~nrr~:_Ps t_hls ~·p~r. =~ tte pas· SCAAP Help ~e~ yP~rs ~ver~qe dai:; populatio~ coc~:s GMS Home 800 :c 38 Low 4CO or SG, Log Off Save Information Cancel https://grants.ojp.usdoj.gov/gmsextemal/facilitySCAAP.do[ 4/4/2014 1:23:31 PM] Packet Pg. 452  BUREAU OF JUSTICE ASSISTANCE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) UPDATED REQUIREMENTS For Fiscal Year 2014 FBI Number The Bureau of Justice Assistance is highly encouraging SCAAP applicants to include the FBI number for each inmate record submitted on the FY 2014 SCAAP application. The FBI number is one of several options that will help ensure that only eligible inmates are entered into the SCAAP application, as the FBI number is automatically assigned to each individual arrested and convicted of a felony or two misdemeanors. Per the SCAAP Program Guidelines, eligible inmates are defined as those who have one felony conviction or two misdemeanor convictions. In addition, the FBI number could help decrease the number of unknown inmate records paid each year with SCAAP funds. PART I: SCAAP Guidelines SCAAP Overview The Bureau of Justice Assistance (BJA), Office of Justice Programs, U.S. Department of Justice, administers SCAAP, in conjunction with the U.S. Department of Homeland Security (OHS). SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens who have at least one felony or two misdemeanor convictions for violations of state or local law, and who are incarcerated for at least 4 consecutive days during the reporting period. SCAAP Legislative Authority SCAAP is governed by Section 241 (i) of the Immigration and Nationality Act, 8 U.S.C. § 1231 (i), as amended, and Title II, Subtitle C, Section 20301, Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103-322. In general terms, if a chief executive officer of a state or a political subdivision exercises authority over the incarceration of undocumented criminal aliens and submits a written request to the U.S. Attorney General, the Attorney General may provide compensation to that jurisdiction for those incarceration costs. SCAAP is subject to additional terms and conditions of yearly congressional appropriations. Eligible Applicants States and local units of government that have authority over correctional facilities that incarcerate or detain undocumented criminal aliens for a minimum of 4 consecutive days are eligible to apply for SCAAP funds. States and local units of general government include the 50 state governments, the District of Columbia, Guam, Puerto Rico, the U.S. Virgin Islands, and the more than 3,000 counties and cities with correctional facilities. Regional jails, special jail districts, or regional jail authorities and boards do not qualify as political subdivisions of a state for purposes of SCAAP, and therefore are not eligible to directly apply for SCAAP funds. Each unit of government that houses inmates at a regional facility must apply independently for SCAAP funds, based on its own costs of housing its undocumented aliens in the regional facility. Regional facilities may not submit SCAAP applications on behalf of jurisdictions in its service area, nor may a regional facility submit one application for all participating jurisdictions, using one jurisdiction's name as the recipient. FY 2014 SCAAP Guidelines and Application Page 1 Packet Pg. 453 Authorized Officials SCAAP payments must go directly to eligible states and localities. Authorized jurisdiction employees for SCAAP purposes must be listed as either the Authorized Representative or Alternate Contact in the GMS User Profile. The chief executive officer (CEO) of an eligible jurisdiction may apply directly or delegate authority to another jurisdiction official. The CEO is generally considered the highest ranking elected or appointed official of a unit of government. Use of SCAAP Awards The Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, Title XI) included the following requirement regarding the use of SCAAP funds: "Amounts appropriated pursuant to the authorization of appropriations in paragraph (5) that are distributed to a State or political subdivision of a State, including a municipality, may be used only for correctional purposes." Beginning with FY 2007 SCAAP awards, SCAAP funds must be used for correctional purposes only. Jurisdictions receiving SCAAP awards will be asked to report the projected use of these funds at the time the award is accepted. Minimum Period of Incarceration Only eligible persons who were incarcerated for 4 or more consecutive days between July 1, 2012 and June 30, 2013 may be included in the FY 2014 SCAAP application. Multi-Jurisdictional Issues • Eligible inmates housed in the applicant's facility exclusively on behalf of another jurisdiction may only be reported by the sending jurisdiction, regardless of whether the applicant received reimbursement for related incarceration costs. • Unless otherwise covered by a cost reimbursement agreement, inmates who are ready for release once qualifying charges or convictions are concluded, and who are temporarily held in the applicant facility on the basis of outstanding warrants or detainers from other jurisdictions, including federal law enforcement agencies, are SCAAP eligible. The applicant jurisdiction may claim the total number of days the inmate was in custody, including the days the inmate was held on the detainers or outstanding warrants. • Detention or incarceration days attributable to otherwise qualifying inmates held on federal charges, convictions, or detainers and covered by cost reimbursement agreements are not SCAAP eligible. • Juveniles adjudicated delinquent, regardless of the charges or length of custody, are not SCAAP eligible. Only juvenile offenders who are convicted as adults and who meet the qualifying SCAAP criteria may be eligible. Eligible Inmates Applicants may submit records of inmates in their custody during the reporting period who: • Were born outside the United States or one of its territories and had no reported or documented claim to U.S. citizenship. • Were in the applicant's custody for 4 or more consecutive days during the reporting period. • Were convicted of a felony or second misdemeanor for violations of state or local law. • Were identified and reported as undocumented, using due diligence. The U.S. Department of Homeland Security will make the final determination on the status of submitted inmate records for undocumented alien purposes. Inmates may qualify for SCAAP purposes if they were: • Persons who entered the U.S. without inspection or at any time or place other than as designated by the Attorney General. • Persons in deportation or exclusion proceedings at the time they were taken into custody. • Non-immigrants who failed to maintain their non-immigrant status at the time they were taken into custody. • Certain Mariel Cubans who otherwise meet these requirements. FY 2014 SCAAP Guidelines and Application Page 2 Packet Pg. 454 Total All Inmate Days The "total all inmate days" is the cumulative number of incarceration or detention days attributable to all inmates housed in the jurisdiction's facilities during the reporting period. It includes all inmates, regardless of their status, citizenship, disposition, or length of stay, including inmates held at contract facilities. A jurisdiction can use the sum of all nightly, facility head counts for the 365 days in the reporting period. EXAMPLE TOTAL DAYS A Jurisdiction detained or incarcerated 400 inmates during the current reporting cycle. 2,800 Each inmate was held for exactly 7 days. (400 inmates x 7 days) Criminal Charges and Convictions To be eligible for reporting, inmates must have been convicted of a felony or second misdemeanor for violations of state or local law, and housed in the applicant's state or local correctional facility for 4 or more consecutive days during the reporting period. All pre-trial and post conviction time served from July 1, 2012 through June 30, 2013 may be reported to BJA. EXAMPLES REPORTABLE DAYS An alien was convicted of a felony during the reporting period and spent 20 days in pretrial detention and 60 additional days from the conviction. All 80 days occurred during 80 the reportinq period An alien was convicted of a felony during the reporting period and spent 20 days in pretrial detention and 60 additional days from the conviction. The 20 pretrial detention 60 days and 40 of the sentenced days occurred in the reporting period; the remaining 20 davs were served after June 30, 2013. An alien was convicted of a felony several years ago and is being held in pretrial detention on new charges. As this alien already qualifies based on the prior felony As calculated conviction, once he meets the minimum of 4 consecutive days in custody during the reporting period, the pretrial days may be reported to BJA, regardless of the outcome of the pendinq charqes. An alien was convicted of a second misdemeanor and served 3 consecutive days as of June 30, 2013, and 20 additional days after June 30, 2013. This inmate cannot be 0 reported for FY 2014, but will qualify for FY 2015. NOTE The first 3 days of the sentence are not reoortable. regardless of what occurs with this inmate in the future. Required Inmate Data Format The detailed inmate file reflects the jurisdiction's good faith and due diligence efforts to identify and list undocumented criminal aliens housed in its correctional facilities. Required inmate data elements include the A- Number, if known; last, middle, and first names; date of birth; unique inmate number assigned by the applicant jurisdiction; foreign country of birth; date taken into custody; date released from custody; and the Federal Bureau of Investigation (FBI) number, if known. For inmates with aliases or multiple periods of incarceration: Creating a separate and distinct inmate record for each qualifying period of incarceration may include eligible inmates incarcerated more than once during the reporting period. Similarly, inmates with known aliases may be reported by creating a separate and distinct inmate record for each name. The same unique inmate identification number must be used for all records associated with a single inmate, regardless of the name under which the inmate was incarcerated. Applications submitted without complete facility data and inmate records will not be considered for SCAAP funding. FY 2014 SCAAP Guidelines and Application Page 3 Packet Pg. 455 Country of Birth Codes Generally, a person born in the U.S. or a U.S. territory is a U.S. citizen and should not be reported. Any submitted inmate record that includes a country code not on the official ICE country codes list will be rejected. Any record with an official country code that does not specifically represent a foreign country (unknown) will only be considered in the award calculation if determined the inmate is undocumented or otherwise qualifies. If the country provided by the inmate is not on the official ICE country codes list, a country with close geographic proximity should be selected. Alternatives to Traditional Incarceration Inmates are not eligible if they served their incarceration incrementally, such as through weekend incarcerations that enabled them to maintain employment. Qualifying periods of incarceration must occur consecutively over the course of 4 or more days. Parole and Probation Violators Eligible inmates on parole or probation from qualifying convictions who are subsequently returned to the custody of a state or local correctional facility may be eligible. Correctional Officers Correctional officers include employees, officers, and contractual staff whose primary responsibility is the control, custody, or supervision of persons detained and incarcerated, including correctional officers, deputy sheriffs, correctional/jail supervisors, shift commanders, chiefs of security, assistant wardens, and wardens. Transportation officers and others providing control, custody, or supervision of inmates who are temporarily outside the maintaining facility are also eligible. Employees, officers, and contractual staff whose primary responsibility is providing noncustody services to the facility or its inmate population are not SCAAP eligible, including office and secretarial support, administrative, housekeeping, maintenance, food, health, education, training, vocational, counseling, and medical staff. Staff who function independently or outside the correctional facility, including parole and probation agents, hearing officers, court commissioners, judicial, prosecutorial, and public defenders, warrant and apprehension units, and others are not eligible. Correctional Officer Salary Calculation Salary information reported in the SCAAP application must reflect the total salaries and wages paid to full- and part-time correctional officers and others who meet the SCAAP definition. The reported sum should total the jurisdiction's actual salary expenditures for the reporting period, not an estimate or average. Correctional officer salary costs may include premium pay for specialized service, shift differential pay, and fixed-pay increases for time in service. It may also include overtime required by negotiated contract, statute, or regulation such as union agreements, contractual obligations, and required post staffing minimums. Benefits should not be included in the provided salary costs. Per Diem Costs Per diem cost is calculated by the SCAAP system, dividing the jurisdiction's "total all inmate days" into the "total correctional officer salary costs." During the FY 2013 reporting period, jurisdictions reported an average per diem cost of $31.97. BJA may require documentation to validate per diem costs or impose limits on the costs. SCAAP Award Calculation Once SCAAP data has been validated and analyzed, applicants will receive e-mail notification that awards are ready for online acceptance and drawdown. Formal acceptance of an award via GMS is necessary for the electronic transfer of funds into the applicant's bank account of record. Applicants have 45 calendar days to accept awards through GMS once notice is provided. SCAAP payments must go to the jurisdictions' general fund. Payment Formula The following provides an overview of the method used to calculate SCAAP payments FY 2014 SCAAP Guidelines and Application Page 4 Packet Pg. 456 1. Using financial data from applicants, a per diem rate is calculated for each jurisdiction. For FY 2013 the average per diem rate was $31.97 per inmate. 2. Inmate data is provided to the U.S. Department of Homeland Security to validate inmate data for eligible and invalid records. 3. Each jurisdiction's total eligible inmate days are totaled then multiplied by the applicant's per diem rate to derive the total correctional officer salary costs for eligible inmate days. 4. The value of each applicant's correctional officer salary costs associated with its eligible inmate days are totaled. This total value reflects the maximum amount for SCAAP reimbursement. A percentage factor is used to reflect the relationship between the maximum reimbursable salary costs and the appropriation. For FY 2013, this factor was approximately 19 percent. Variances A variance will exist between the total salary costs reported by a jurisdiction and the final SCAAP payment amount, due to adjustments for ineligible or invalid inmate records and the annual appropriation. Both the SCAAP system and BJA check for variances from prior year submissions for correctional officer staffing and salary levels, total bed count, and number of total inmate days. PART II: Applying for FY 2014 SCAAP Funds FY 2014 Reporting Period The FY 2014 SCAAP reporting period is from July 1, 2012 through June 30, 2013. FY 2014 Registration and Application Deadlines Applications will be accepted through the online Grants Management System (GMS) beginning April 1, 2014, and ending at 6:00 pm. e.d.t. on May 13, 2014. The deadline for submitting all completed SCAAP applications is, May 13, 2014 at 6:00 p.m. (e.d.t.). Extensions or exceptions to this deadline cannot be granted. Because of the volume and complexities involved in verification of all submitted inmate data and the fact that BJA transmits this file to OHS immediately after the close of the solicitation, it is not possible for additional applicant data to be reviewed and sent to OHS after the deadline. GMS Application Process The SCAAP Catalog of Federal Domestic Assistance (CFDA) number is 16.606. For questions or concerns at any point in the GMS process, call the SCAAP Help Desk at 1-202-353-4411. 1. Access GMS at https//grants.ojp.usdoj.gov. 2. If you already have a GMS user ID, proceed to the GMS sign in. Even if your organization already has a user ID, you will not be considered registered for the solicitation until you have signed on to GMS and entered the appropriate solicitation. 3. If you do not have a GMS user ID, select "New User? Register Here." After you have completed all of the required information, click "Create Account" at the bottom of the page and to note your user ID and password, which are case sensitive. Within a few days, BJA will send an e-mail confirmation to newly registered applicants that their user ID and password have been approved and they are eligible to submit an application. 4. Beginning October 1, 2003, a Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS) number must be included in every application for a new award or renewal of an award. The DUNS number will be required whether an applicant is submitting an application on paper, through OJP's Grants Management System, or using the government-wide electronic portal (Grants.gov). An application will not be considered complete until the applicant provides a valid DUNS number. FY 2014 SCAAP Guidelines and Application Page 5 Packet Pg. 457  Organizations should verify that they have a DUNS number or take the steps necessary to obtain one as soon as possible. Applicants can receive a DUNS number at no cost by calling the dedicated toll-free DUNS number request line at 1-800-333-0505. 5. After you have logged onto the system using your user ID and password, click on '·Funding Opportunities.". Additionally, click on 'A-Z' for more search functions. 6. Select the "Bureau of Justice Assistance" from the drop-down list and click "Search." This will narrow the list of solicitations within the Office of Justice Programs to those in BJA. 7. From the list of BJA grants, find "State Criminal Alien Assistance Program" and click "Apply Online." 8. Confirm that your organization is eligible to apply for this program by reading the text on the screen. If eligible, proceed by clicking "Continue." 9. Once you have reached this point, you are considered successfully registered. Online Inmate Data Reporting Process Select the file upload process below that best meets your needs. While you may change the method prior to submitting the completed application to BJA, note that the change from one process to another will overwrite and delete all previous inmate record submissions. • Direct File Upload: The direct file upload function allows you to submit inmate database records in a single ASCII-formatted file directly into GMS. File uploads must contain the mandatory data fields in the required format. File uploads that do not include the necessary information will be considered incomplete and not eligible SCAAP funding. The SCAAP system provides you with an opportunity to correct files or add missing data prior to finalizing the application. • Direct Data Entry: The direct data entry function allows you to manually enter inmate data directly into an online inmate data template, instead of creating a separate ASCII file. This approach may be best suited for jurisdictions with smaller facilities or small criminal alien populations. Drop-down menus are provided for selecting incarceration dates, date of birth, and country of birth (complete country names are listed). During the file upload process, a red flashing bar will appear at the bottom of the applicant screen. This bar will continue to flash until the inmate file upload is complete. Upon completion of the inmate file upload, SCAAP GMS will provide the applicant with a "File Upload Status Report." This report will list the number of inmate records in the upload and the number of inmate records that are complete. In addition, the report will provide a detailed list of inmate records (by file number) that are incomplete or have data format errors and the nature of the error. Print this file upload status report for your records. If during the file upload process, your Internet browser times out or is disconnected, your inmate file upload may not be complete. It is important that you check the "File Upload Status Report" and verify that all of your inmate records have been uploaded. When initiating a file upload, there is an approximate 10 second start-up delay. Once the file upload has actually begun, the estimated times for file uploads: 300 inmate records = less than 1 minute; 7,800 inmate records= 3 minutes; 54,600 inmate records = 15 minutes. Technical System Requirements Internet access is required to apply for SCAAP funding. Generally, Netscape Communicator 4.7 and Internet Explorer 5.5 are the earliest versions of the respective Internet browsers that may be used for successful SCAAP application system access. Contact your agency network administrator to determine if an internal firewall or agency Internet security system may be preventing direct access to the application system, or contact the GMS Help Desk for information regarding correct port settings. If you are a prior SCAAP user, the browser bookmark may not work properly and an attempt to access the SCAAP application site may generate a message advising that the "page cannot be displayed." Delete the bookmark and manually type the URL into the browser address line. Internet User Accounts Government officials from the applying jurisdictions must establish the OJP GMS user accounts for SCAAP. Non-government officials may not establish user accounts on behalf of applying jurisdictions. When establishing FY 2014 SCAAP Guidelines and Application Page 6 Packet Pg. 458 a user account, sheriffs or chiefs of police are not considered CE Os, but they may serve as the contact persons establishing the SCMP user accounts on behalf of the CEOs. All applications must be filed in the name of the state or unit of government and must include the jurisdiction's CEO's name, official title, and e-mail address. Application Resubmissions BJA may return a submitted application with incomplete or inaccurate data to the applicant for corrections, and will notify both the CEO and the SCMP contact, via the e-mail address of record, that their application needs to be corrected and resubmitted by a certain date to be considered for SCMP funding. Charles K. Windes, Jr. Chairman Date 7 Packet Pg. 459 Assurances NOTE: You must click on the "Accept" button at the bottom of the page before closing this window OMB APPROVAL NUMBER 1121-0140 EXPIRES 03/31/2016 STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102, A-110, A-122, A-133; Ex. Order 12372 (intergovernmental review of federal programs); and 28 C.F.R. pts. 66 or 70 (administrative requirements for grants and cooperative agreements). The applicant also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the Government Accountability Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in 2 C.F.R. § 175.15(b). 5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6. It will comply (and will require any subgrantees or contractors to comply) with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). 7. If a governmental entity: a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b. it will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Accept Charles K. Windes, Jr., Chairman Date https://grants.ojp.usdoj .gov /gmsextemal/display AssurancesTextAction.st?method=assure&status=N&id= I [4/4/2014 I :25 :32 PM] Packet Pg. 460 Certifications NOTE: You must click on the "Accept" button at the bottom of the page before closing this window U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE CHIEF FINANCIAL OFFICER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Acceptance of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," 2 CFR Part 2867, "DOJ Implementation of OMB Guidance on Nonprocurement Debarment and Suspension," and 28 CFR Part 83, "Government-wide Debarment and Suspension," and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) Pursuant to Executive Order 12549, Debarment and Suspension, implemented at 2 CFR Part 2867, for prospective participants in primary covered transactions, as defined at 2 CFR Section 2867.20(a), and other requirements: A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Have not within a two-year period preceding this application been convicted of a felony criminal violation under any Federal law, unless such felony criminal conviction has been disclosed in writing to the Office of Justice Programs (OJP) at Ojpcompliancereporting@usdoj.gov, and, after such disclosure, the applicant has received a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary to protect the interests of the Government in this case. (d) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (e) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) https://grants.ojp.usdoj.gov/gmsextemal/display AssurancesTextAction.st?method=certity&status=N&id=2[4/4/2014 1:25 :51 PM] Packet Pg. 461 Certifications terminated for cause or default. B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. FEDERAL TAXES A. If the applicant is a corporation, the applicant certifies that either (1) the corporation has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, or (2) the corporation has provided written notice of such an unpaid tax liability (or liabilities) to OJP at Ojpcompliancereporting@usdoj.gov, and, after such disclosure, the applicant has received a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary to protect the interests of the Government in this case. B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 4. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 83, Subpart F, for grantees, as defined at 28 CFR Sections 83.620 and 83.650: A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 810 7th Street, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). https://grants.ojp.usdoj.gov/gmsextemal/display AssurancesTextAction.st?method=certi fy&status=N &id=2[ 4/4/2014 I :25 :51 PM] Packet Pg. 462 Certifications As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Accept Charles K. Windes, Jr., Chairman Date https://grants.ojp.usdoj .gov /gmsextemal/display AssurancesTextAction.st?method=certif)'&status=N&id=2L4/4/2014 l :25 :51 PM] Packet Pg. 463 State Criminal Alien Assistance Program State Criminal Alien Assistance Program 2014-H0823-FL-AP a~' ~; '>d•' Application ISwitch to ... OMB Number: 1121-0243 Expires: 02/29/2004 Application Handbook Application Submittal Information Application Number: 2014-H0823-FL-AP Applicant Use the status chart below to determine when all of your SCAAP application requirements have been met. Any part of the application that is not complete will be indicated, including a Contact list of the missing or invalid information. Once all requirements show a "Complete" in the status column, a "Submit Application" button will appear at the bottom of this form. When ACH Bank you are completely satisfied with your application and all requirements have been met, please submit your application. Once submitted, your application will no longer be available Inmate for editing or additional inmate data uploads. Fadlity Status Requirement Submit GMS/SCAAP User Id Approval - BJA is responsible for Complete approving the User ID SCAAP Help Complete Applicant GMS Home Complete Contact Log Off Complete ACH Bank Complete Inmate Complete Facility Submit • You need to read and accept all assurances. Incomplete • You need to read and accept all certifications. • You need to sign your application by checking the box below. To the best of my knowledge and belief, all data in this application/preapplication is true and correct, the document has been duly authorized by the applicant and the applicant will comply with the attached assurances if the assistance is awarded. https://grants.ojp.usdoj.gov/gmsextemal/submitSCAAP.do[4/4/2014 I :26: 10 PM] Packet Pg. 464 State Criminal Alien Assistance Program To the best of my knowledge and belief, all data in this application/preapplication is true and correct, the document has been duly authorized by the applicant and the applicant will comply with the attached assurances if the assistance is awarded. Your typed name, in lieu of your signature, represents your legal binding acceptance of the terms of this application and your statement of the veracity of the representations made in this application. The document has been duly authorized by the applicant and the applicant will comply with the following: Assurances Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace requirements. SCAAP Program Designee (Note: Hit the TAB key to move between fields) *.E.r::efix: IThe Honorable I Prefix Other: I;::=::============::::: *First Name: ...C_h_a_rl_e_s_ _ _ _ _ ___. Middle Injtjal: ~ *Last Name: IWindes ~--------------~ ::::::===========:::;-~~~~~------' ~:IJr. ~=========-------. Other Suffix: *Iitl.e.: IChairman *~: ( ~) B- lnool Phone Ext: 14381 I Eax: (~)~-~ *fm.a.ll: grants@clerkofcourts.cc *Address 1: c/o Contracts & Grants Address 2: 1804 Lewis Turner Blvd., Suite 2061 *.citi: Fort Walton Beach *~: Florida ;::=:::::;-;::::::::::::~~~~~~-J *Zi.Q.: 325471- 12ssl I di'n submitting this application, I acknowledge that BJA reserves the right to take appropriate administrative action, including intensive monitoring, repayment action, or adjustment to future payments, to resolve any data or application discrepancies discovered now or in the future. Any award resulting from this application will be sent to my jurisdiction's bank account of record, as verified through the on-line registration process and in accordance with applicable E-Government rules and regulations. Formal acceptance of an award through this online Grants Management System is necessary for the electronic transfer of funds to occur. I understand that I will have 45 calendar days to accept any award, once notice is provided. [See Office of Justice Programs Financial Guide, Part II, Chapter 2 at 22 (requiring acceptance/drawdown of awards within 45 days of notice of award) and Part IV, Chapter 2, Sec. 16.606 State Criminal Alien Assistance Program (SCAAP) (requiring expeditious draw-down of payments.)] https://grants.ojp.usdoj.gov/gmsextemal/submitSC AAP.do[ 4/4/2014 2:34:50 PM] Packet Pg. 465 State Criminal Alien Assistance Program purposes only. I acknowledge that my jurisdiction will be required, during the award acceptance process, to provide basic information on how the FY 2014 SCAAP funds will be expended for correctional purposes. As the CEO or authorized designee of this jurisdiction, I understand the rules and requirements associated with the aforementioned statements and agree to abide by them in all matters dealing with the FY 2014 State Criminal Alien Assistance Program. Save Information Clear Charles K. Windes, Jr., Chairman Date https://grants.ojp.usdoj.gov/gmsextemal/submitSCAAP.do[4/4/2014 I :26: I 0 PM] Packet Pg. 466  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board FROM: Roland Sims SUBJECT: Approval of Fiscal Year 2014 4th Quarter Calendars DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: In order for Public Hearings, Workshops and Employee Award presentations to be scheduled for the 4th Quarter of FY 2014, meeting schedules need to be approved and published. BACKGROUND: The attached calendars for 4th Quarter of FY 2014 (July - September) were prepared by County Administrator’s staff in March 2014. OPTIONS: Approve the attached calendars as presented or direct staff to add or change topics and/or meeting dates as needed. RECOMMENDATIONS: Approve the attached calendars. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 467  Board of County Commissioners Meetings & Workshops July 2014 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 BCC Meeting Independence 6:00 p.m., Crestview Day Holiday Courthouse 6 7 8 9 10 11 12 13 14 15 16 17 18 19 BCC Departmental BCC Meeting Budget Reviews 8:30 a.m., W&S Bldg. 6:00 p.m., W&S Bldg. Fort Walton Beach Fort Walton Beach 20 21 22 23 24 25 26 BCC Departmental Budget Reviews 1:00 p.m. Crestview Courthouse 27 28 29 30 31 BCC Departmental Budget Reviews 8:30 a.m., W&S Bldg. Fort Walton Beach Packet Pg. 468  Board of County Commissioners Meetings & Workshops August 2014 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 6 7 8 9 BCC Departmental Budget Reviews BCC Meeting 1:00 p.m. 8:30 a.m., Crestview Crestview Courthouse Courthouse 10 11 12 13 14 15 16 BCC Departmental Budget Reviews 6:00 p.m., W&S Bldg. Fort Walton Beach 17 18 19 20 21 22 23 BCC Meeting 6:00 p.m., W&S Bldg. Fort Walton Beach 24 25 26 27 28 29 30 31 Packet Pg. 469  Board of County Commissioners Meetings & Workshops Sept 2014 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 6 Budget Public BCC Meeting Hearing, 6:00 p.m. Labor Day 6:00 p.m., Crestview Holiday Crestview Courthouse Courthouse 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Budget Public BCC Meeting Hearing, 6:00 p.m. 8:30 a.m., W&S W&S Bldg. Bldg. Fort Walton Fort Walton Beach Beach 21 22 23 24 25 26 27 28 29 30 Packet Pg. 470  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: April 15, 2014 TO: Honorable Chairman and Members of the Board SUBJECT: FL Dept. of Health, Okaloosa MOA Florida Department of Health in Okaloosa County requests to present memorandum of agreements (MOA) to the Board for consideration and approval. These MOAs pertain to use the Emerald Coast Convention Center and the Boardwalk on Okaloosa Island during public health emergencies. The attached documents have been approved and signed by the FDOH and properly staffed through the BCC departments and legal counsel. 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