Okaloosa County BOCC — July 2, 2013 (meeting #1140) — reading text

- ----- - ~----- - - - - - - - - - -- --- - - - COMPLETED BY FINANCE- ACCOUNTS PAYABLE ONLY FISCAL YEAR: DATE RECEIVED: REVIEWED BY: Packet Pg. 146 Packet Pg. 147 Packet Pg. 148 Packet Pg. 149  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: July 2, 2013 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Qualified Beach Vendor Certificate for Tropical Beach Weddings DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Approval of a request from Barbara Jones owner of Tropical Beach Weddings to obtain a Qualified Beach Vendor Certificate to conduct weddings on public beaches in Okaloosa County. This is a renewal application. BACKGROUND and ANALYSIS: Barbara Jones owner of Tropical Beach Weddings 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 (QBVC). Granting this request will permit said business to conduct commercial beach weddings on public beaches in Okaloosa County in accordance with any exceptions, restrictions, or provision the Board may impose. OPTIONS: Approve/Disapprove. RECOMMENDATION: Request Board approval of the Qualified Beach Vendor Certificate 0009 for the calendar year of 2013 (13QBVC0009) to Barbara Jones owner of Tropical Beach Weddings. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 150 Revised: March 5, 2013 Qualified Beach Vendor Certificate Processing Check List (Wedding Planners & Photographers) New Applications √ Renewal Date Received: June 19, 2013 Company Name: Tropical Beach Weddings Contact Person: Barbara Jones Phone #: (850) 218-1081/ (850) 218-0252 Email: info@tropicalbeachweddings.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. 151  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: July 2, 2013 TO: Honorable Chairman and Members of the Board FROM: Kay Godwin SUBJECT: Settlement of Laraine Paxson's Workers' Compensation Claim DEPARTMENT: Human Resources BCC DISTRICT: All STATEMENT OF ISSUE: Request approval of a Workers’ Compensation claim settlement for Laraine Paxson. BACKGROUND: On December 7, 2011, Laraine Paxson, a former employee at the Northwest Florida Regional Airport, suffered a work related injury causing back and neck pain after taking down a temporary wall. Ms. Paxson has not returned to work and continues to receive palliative treatment for pain, related to her injury. RECOMMENDATIONS: A negotiated global (lifetime) settlement of $19,900 has been reached between Ms. Paxson and the County. This settlement is inclusive of all fees and costs, present and future. Ms. Paxson has also executed a general release for $100 of all other claims. We believe this settlement is in the best interest of both parties and request the Board to authorize the Chairman to sign the settlement on behalf of the county. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator 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  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: July 2, 2013 TO: Honorable Chairman and Members of the Board FROM: Don Vanderhoek SUBJECT: Revocable License Agreement KRA Holdings of Florida, LLC DEPARTMENT: Information Systems BCC DISTRICT: All STATEMENT OF ISSUE: The Board is requested to approve the Revocable License Agreement between Okaloosa County and KRA Holdings of Florida, LLC. This agreement allows Information Systems right of entry to Kelly Plantation Golf Course for the purpose of installing a 2" HDPE conduit, Fiber Optic Cable and associated appurtenances via directional boring to provide fiber optic connectivity to the new 800 MHz State Law Enforcement Radio System (SLERS) antenna recently installed on top of the West Tower of One Water Place in Destin (See Exhibit A). BACKGROUND: In an effort to resolve spotty SLERS 800 MHz signal issues in the Destin area, Okaloosa County and the Destin Fire Control District partnered and obtained a regional FEMA grant to implement a new SLERS presence on top of the West Tower of One Water Place in Destin. Information Systems was tasked to provide fiber optic network communications to this new site. In an effort to reduce costs and implement this communication link within the grant budget, it is necessary to connect this new site as directly as possible to our existing fiber optic network. Therefore, a directional bore under the 5th Hole Fairway of Kelly Plantation Golf Course is required. Once connection is made to the East Tower of One Water Place, the internal building conduit system will be used to reach the West Tower. OPTIONS: Approve/Disapprove the Revocable License Agreement with KRA Holdings of Florida, LLC. RECOMMENDATIONS: Request Board approval and authorize the Chairman to sign the Revocable License Agreement with KRA Holdings of Florida, LLC which allows Information Systems right of entry to Kelly Plantation Golf Course to provide fiber optic connectivity to the new SLERS antenna on top of the west tower of One Water Place in Destin. RECOMMENDED BY: Packet Pg. 162 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 163  REVOCABLE LICENSE AGREEMENT This Revocable License Agreement (the "Agreement") is made on the Jlat...- day of ~ ,2013, between KRA Holdings of Florida, LLC, a Florida limited liability company ("KRA") and Okaloosa County, Florida ("County"). KRA and the County agree as follows : 1. Revocable License. KRA, as the owner of the Kelly Plantation Golf Club located at 307 Kelly Plantation Drive, Destin, Florida 32541 which includes the Fifth Hole Fairway identified on Exhibit A attached hereto and made a part hereof, hereby grants to the County a Revocable License for the installation, maintenance, and occupation of a Fiber Optic Installation Project (the "Project"). The Project shall include: (a) the right of the County, its employees and its subcontracting firms including, without limitation, Gator Boring and Trenching, Inc. and World Fiber Technologies, Inc. , to install a single 2" HOPE conduit by directional bore at sufficient depth to avoid all existing utilities, drainage and irrigation structures (minimum depth of 36") and (b) to install Fiber Optic Communication Cable within the 2" conduit system. 2. Terms. The Revocable License is granted upon the following terms: (a) The Project will connect Okaloosa County's existing underground conduit system located at Pull Box 5220 SR 293 (Danny Wuerffel Way) to a building entry located at the southeast corner of Tower 1 at One Water Place, a condominium, all as set forth on Exhibit A; (b) There will be no above ground or otherwise visible structures installed within the Kelly Plantation Golf Course grounds; (c) All entry onto Kelly Plantation Golf Course property pertaining to this Project will be properly coordinated with the Kelly Plantation Golf Course staff, at least 24 hours in advance; (d) Golf Course Play shall not be interrupted by installation or maintenance; and (e) Any property of Kelly Plantation Golf Club damaged or destroyed as a result of the Project by Okaloosa County, its employees or its subcontracting firms will be promptly repaired or replaced by Okaloosa County at the County's expense. 3. Termination. KRA reserves the right to revoke and terminate this Agreement upon sale of the Kelly Plantation Golf Club or should the County fail to comply with or abide by each and all of the provisions hereof. Waiver by KRA of any breach of any term or provision hereof shall not be deemed a waiver of any subsequent breach of the same or any other term or provision hereof. In the event of termination, the County shall cease all use of the Fiber Optic Communications Cable within sixty (60) days of receipt of notice of termination from KRA. Packet Pg. 164  4. No Claim of Interest or Estate. County agrees that it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the premises, by virtue of this Agreement or the use of the premises. 5. No Assignment. County's privileges hereunder shall not be assignable by County in whole or in part. 6. Indemnity. County shall exercise its privileges hereunder at its own risk, and, irrespective of any negligence of KRA, County shall indemnify KRA against all liability for damages, costs, lawsuits and expenses resulting from , arising out of, or in any way connected with, the occupation or use of the premises by County, the County's employees, or the County's subcontractors, or the failure on the part of the County to perform fully all and singular County's promises herein. County shall indemnify KRA for any liability for injuries to persons or property made against KRA with respect to the use of the premises by County, its employees, or its subcontractors. County shall maintain policies of insurance in such amounts as normally carried by the County against insurable hazards which may incur as a result of County's use of the premises. County shall require its contractors and subcontractors working on the Project to maintain insurance in such amounts as normally required by the County for a project of this type. However, nothing contained herein shall contractually, or otherwise constitute a waiver by the County of sovereign immunity or the provisions of Section 768.28