Okaloosa County BOCC — September 16, 2014 — PFC Resolution and Assurances

Jon Morris Subject: FW: Legal Sufficiency Review and Coordination for BCC Action Item Attachments: OKA111_Resolution__Assurances_(Aug_2014).doc CHANGES MADE PER MR. STEWART weeoe Original Message----- From: Greg Stewart Sent: Saturday, September 96, 2014 12:33 PM To: Jon Morris Cc: Lynn Hoshihara; Sunil Harman; jtomec@aol.com Subject: RE: Legal Sufficiency Review and Coordination for BCC Action Item Jon - here are my changes to the resolution. It is acceptable from a legal review. Let me know what if anything else you need from me. Gregory T. Stewart County Attorney Okaloosa County, Florida 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: Jon Morris Sent: Friday, September @5, 2014 8:51 AM To: Greg Stewart Cc: Lynn Hoshihara; Sunil Harman; jtomec@aol.com Subject: RE: Legal Sufficiency Review and Coordination for BCC Action Item Greg, Here are the requested documents. May I have a redlined copy as well? Thanks, Jon From: Greg Stewart Sent: Thursday, September 04, 2014 4:09 PM To: Jon Morris Cc: Lynn Hoshihara; Sunil Harman Subject: RE: Legal Sufficiency Review and Coordination for BCC Action Item Jon- can you send me the resolution and back up documents in word From: Jon Morris Sent: Thursday, September 04, 2014 11:03 AM To: Greg Stewart Cc: Lynn Hoshihara; Sunil Harman Subject: Legal Sufficiency Review and Coordination for BCC Action Item 1 Greg, Attached is an Agenda Request for the BCC meeting on September 16th. It requests the BCC authorization for the Chairman to sign a Passenger Facility Charge (PFC) Resolution and Assurances to be submitted with the County’s PFC Application Number 6. The Resolution authorizes the Airports Director to levy and collect the $4.5@ per enplaned passenger charge level currently approved for VPS. There has already been coordination with FAA on the projects requested for approval. Since this is neither a contract nor a grant, we are requesting your legal review and coordination by return e-mail in order to submit for the Board’s consideration. Please call me if you have any questions. Thanks for your assistance. Jon Jon Morris, C.M, Administration & Finance Manager Okaloosa County Airports (850)651-716@ Ext 1005 APPLICATION TO IMPOSE AND USE PFCs OKALOOSA COUNTY, FLORIDA NORTHWEST FLORIDA REGIONAL AIRPORT PFC APPLICATION NO, 14-06-C-00-VPS RESOLUTION NO. A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION TO IMPOSE AND USE A PASSENGER FACILITY CHARGE AT THE NORTHWEST FLORIDA REGIONAL AIRPORT; AUTHORIZING THEIR USE FOR PROJECTS INCLUDED IN THE AIRPORT'S SIXTH PASSENGER FACILITY CHARGE PROGRAM; AUTHORIZING THE IMPOSITION AND COLLECTION OF A PASSENGER FACILITY CHARGE OF $4.50 PER ENPLANED PASSENGER; AUTHORIZING CERTAIN ADDITIONAL ACTIONS IN CONJUNCTION WITH FILING OF SAID APPLICATION AND ADMINISTERING THE OKALOOSA COUNTY, FLORIDA'S PASSENGER FACILITY CHARGE PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 5, 1990, the United States Congress enacted the Aviation Safety and Capacity Expansion Act of 1990 including Section 9110 and 9111 of the Act, commonly referred to as the "Passenger Facility Charge (“PFC”) Legislation"; and WHEREAS, pursuant to said legislation, the Federal Aviation Administration has issued and amended from time to time a Passenger Facility Charge Regulation ("Regulation"), 14 CFR Part 158; and WHEREAS, under said Regulation airport operators, including Okaloosa County (the “County”), are authorized to impose a PFC of up to $4.50 per enplaned passenger to finance eligible airport-related projects that preserve or enhance safety, capacity, or security of the national air transportation system, reduce noise from an airport that is part of such a system, or furnish opportunities for enhanced competition between or among air carriers; and WHEREAS, the County currently has five (5) approved PFCs, through Applications Nos. 00-01-C-00-VPS, 03-02-C-00-VPS, 07-03-C-00-VPS, 08-04-C-00-VPS, and 10-05-C-00-VPS, under which it is authorized to levy and collect a $4.50 PFC; and WHEREAS, the Northwest Florida Regional Airport (the “Airport”) management has formulated a new PFC Program to collect a $4.50 PFC at the Airport to take effect upon completion of collection under its current five (5) PFC applications and programs and has completed air carrier consultation and has sought public comments to the proposed Application; and WHEREAS, upon approval of this PFC Application the County may use PFC funds currently in the County's PFC Fund to pay for the PFC share of project costs within this Application; and WHEREAS, a summary of the Airport's proposed PFC Program is included as Attachment "A" to this Resolution: NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners as follows: 1) 2) 3) 4) The Airports Director is hereby authorized to file with the Federal Aviation Administration, on behalf of the County, a PFC Application to impose and use a PFC of $4.50 per enplaned passenger at the Northwest Florida Regional Airport (except for those passengers exempt under the Application or the Regulation), including all understandings and assurances contained therein, to be used for projects included within the County's sixth PFC Program, as approved by the Federal Aviation Administration; and The Airports Director, is authorized, upon approval by the Federal Aviation Administration, to levy and collect on behalf of the County, through air carriers and certain other aircraft operators serving the Airport, a PFC of $4.50 per enplaned passenger beginning on October 1, 2021, and continuing until January 1, 2030, or until such earlier or later periods of time as may be subsequently approved by the Federal Aviation Administration in accordance with the Application and PFC Regulation; and The Chairman of the Board of County Commissioners, Charles K. Windes, Jr., is hereby authorized to sign a statement (Attachment “B”) certifying that the County will comply with the Assurances set forth in Appendix A to 14 CFR Part 158, and to execute such other documents as may be required as part of the Application; and The Airports Director is authorized and directed to execute and file the PFC Application on behalf of the County and to otherwise continue to serve as the official representative of the County to act in connection with the Application and in the implementation of the County's PFC Program under PFC Application No. 14-06-C-00-VPS., 5) This Resolution shall be effective upon adoption. Adopted this day of September 2014 at Okaloosa County, Florida. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA By: Charles K, Windes, Jr., Chairman ATTEST: Gary J. Stanford, Deputy Clerk of Circuit Court ATTACHMENT A OKALOOSA COUNTY NORTHWEST FLORIDA REGIONAL AIRPORT APPLICATION TO IMPOSE & USE PFCS PFC APPLICATION NO. 14-06-C-00-VPS PFC PROGRAM SUMMARY PFG PFC PFC PFC VPS * PAY AS BOND FINANCE / TOTAL PROJECT #] PROJECT # PROJECT TITLES LEVEL Yyouco | CAPITAL | INTEREST | PFC REVENUE 4 R-01 Purchase 35 Acres of Land to Construct New Access System at CEW $4.50 $ 10,000] $ 819,000] $ 108,107} $ 937,107 2 R-02 Rehabilitate & Widen Taxiway A at CEW $4.50 | $ 150,920 $ -|$ 150,920 3 R-03 Stormwater Master Plan for CEW $4.50 $ 229,817, $ 41,934] $ 271,751 4 R-04 Stormwater improvements at CEW $4.50 $ 133,698 | $1,216,052] $ 221,889]$ 1,571,639 5 R-05 North Apron Expansion at CEW $4.50 $1,554,139 | $ 283,578]$ 41,837,717 6 1&U~-01 [Construct Quick Response ARFF Bldg to Serve VPS $4.50 | $ 155,236 $ 155,236 7 1&U-02 |Acquire Ramp Sweeper for VPS Air Side $4.50 $ 73,000 $ 73,000 8 1&U-03& {Replace Regional Boarding Ramps with Passenger Loading Bridges at Gates A-1 and A-2 $4.50 $ 104,243 $ 104,243 1&U-04 jand Install Bag Lifts for Passenger Loading Bridges at VPS Gates A-1, A-2, B-2 and B-3 9 1&U-08 [Construct Cell Phone Waiting Area on Access Roadway at VPS $4,50 $ 125,000 $ 125,000 10 1&U-06 [Construct Security Checkpoint Exit Lane Control System at VPS $4,50 $ 337,500 $ 337,500 11 1&U-07 [Construct & Equip Air Traffic Control Tower at DTW $4.50 $ 1,250,000 $ 1,250,000 12 1&U-08 |Terminal Area Rehabilitations & !mprovements Phase | 12-A Terminal Flooring Area Improvements $4.50 7 $ 15,000 $ 15,000 12-B Terminal Lighting Improvements $4.60 | $ 11,250 $ 11,250 13 1&U-09 [Parking Lighting Improvements $4.50 $ 11,250 $ 41,250 14 1&U-10 Complete Expansion of Second Level Pier Concourse $4.50 | $ 500,000 $ 600,000 15 !&U-11 [Rehabilitate Fuel Farm Tanks & Pumps $4.50 $ 45,000 $ 45,000 16 F&U-412 [Acquire Long Term Lease on Land Comprising NWFRA $4.50 $ 4,000,000 | $4,000,000 | $1,956,880 |$ 6,956,880 17 1&U-13 [Improvements to West Side Apron $4.50 $ 90,000 $ 90,000 18 1&U-14 [Rehabilitate Taxiways D-1 & D-2 $4.50 $ 135,000 $ 435,000 19 1&U-415 {PFC Program Formulation & Administrative Costs $4.50 | $ 50,000 $ 50,000 TOTAL PFC REVENUE $4,197,097 | $7,819,008 | $2,612,388 | $ 14,628,493 Notes: *- Projects R-1 through R-5 completed prior to fiscal year 2013 and shown as “reimburseable" projects. All other projects shown for fiscal year 2014 & beyond are listed as "impose and use" (I & ! 9/2/2014 ATTACHMENT “B” APPLICATION TO IMPOSE AND USE PFCs OKALOOSA COUNTY, FLORIDA NORTHWEST FLORIDA REGIONAL AIRPORT PFC APPLICATION NO. 14-06-C-00-VPS APPLICATION ASSURANCES The Board of County Commissioners, Okaloosa County, Florida (herein "public agency") hereby assures and certifies, with respect to the projects included in the within Application to Impose and Use PFC Charges ("Application") at the Northwest Florida Regional Airport ("Airport"), that: 1. Responsibility and authority of the public agency It has legal authority to impose a PFC and to finance and carry out the proposed projects; that a resolution, motion or similar action has been duly adopted or passed as an official act of the public agency's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the public agency to act in connection with the application. Compliance with regulation It will comply with all provisions of 14 CFR Part 158. Compliance with state and local laws and regulations It has complied, or will comply with, all applicable State and local laws and regulations. Environmental, airspace and airport layout plan requirements It will not use PFC revenue on a project until the FAA has notified the public agency that: (a) any actions required under the National Environmental Policy Act of 1969 have been completed; (b) the appropriate airspace finding has been made; and (c) the FAA Airport Layout Plan with respect to the project has been approved. Nonexclusivity of contractual agreements It will not enter into an exclusive long-term lease or use agreement with an air carrier or foreign air carrier for projects funded by PFC revenue. Such leases or use agreements will not preclude the public agency from funding, developing, or assigning new capacity at the Airport with PFC revenue. Application Assurances - | of 4 Carryover Provisions It will not enter into any lease or use agreement with any air carrier or foreign air carrier for any facility financed in whole or in part with revenue derived from a passenger facility charge if such agreement for such facility contains a carryover provision regarding a renewal option which, upon expiration of the original lease, would operate to automatically extend the term of such agreement with such carrier in preference to any potentially competing air carrier or foreign air carrier seeking to negotiate a lease or use agreement for such facilities. Competitive Access It agrees that any lease or use agreements between the public agency and any air carrier or foreign air carrier for any facility financed in whole or in part with revenue derived from a passenger facility charge will contain a provision that permits the public agency to terminate the lease or use agreement if: (a) the air carrier or foreign air carrier has an exclusive lease or use agreement for existing . facilities at the Airport; and (b) any portion of its existing exclusive use facilities is not fully utilized and is not made available for use by potentially competing air carriers or foreign air carriers. Rates, fees and charges (a) It will not treat PFC revenue as Airport revenue for the purpose of establishing a rate, fee, or charge pursuant to a contract with an air carrier or foreign air carrier. (b) It will not include in its rate base by means of depreciation, amortization, or any other method, that portion of the capital cost of a project paid for by PFC revenue for the purpose of establishing a rate, fee, or charge pursuant to a contract with an air carrier or foreign air carrier, (c) Notwithstanding the limitation provided in subparagraph (b), with respect to a project for terminal development, gates and related areas, or a facility occupied or used by one or more air carriers or foreign air carriers on an exclusive or preferential basis, the rates, fees, and charges payable by such carriers that use such facilities will be no less than the rates, fees, and charges paid by such carriers using similar facilities at the Airport that were not financed by PFC revenue. Standards and specifications It will carry out the project in accordance with FAA airport design, construction and equipment standards and specifications contained in advisory circulars current on the date of project approval. Application Assurances - 2 of 4 10. Recordkeeping and audit It will maintain an accounting record for audit purposes for a period of three (3) years after completion of the project. All records will satisfy the requirements of 14 CFR Part 158 and will contain documentary evidence for all items of project costs. 11. Reports It will submit reports in accordance with the requirements of 14 CFR Part 158, Subpart D, and as the Administrator may reasonably request. 12, Compliance with 49 U.S.C. 47523 through 47528 It understands 49 U.S.C. 47524 and 47526 require the authority to impose a PFC be terminated if the Administrator determines the public agency has failed to comply with those sections of the United States Code or with the implementing regulations published under the Code. IN WITNESS, THEREOF, I have signed these Assurances on behalf of the Board of County Commissioners, Okaloosa County, Florida, this 16" day of September 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA By: Charles K. Windes, Jr. Chairman ATTEST: Gary J. Stanford, Deputy Clerk of Circuit Court Application Assurances - 3 of 4 BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA CERTIFICATION I, Gary J. Stanford, Deputy, Clerk of Circuit Court, hereby certify that on the day of September 2014, the Board of County Commissioners, Okaloosa County, Florida, by Resolution, authorized and directed the filing of an Application to Impose and Use a Passenger Facility Charge (PFC) ("Application") in the amount of $4.50 per enplaned passenger at the Northwest Florida Regional Airport, authorized its Chairman Kelly Windes to sign the within assurances on behalf of the County, and authorized and directed Sunil Harman, Airports Director, to file said Application on behalf of the County and further authorized and directed said Airports Director to serve as the official representative of Okaloosa County to act in connection with this Application and to implement the PFC program within the Application. A copy of the above Resolution is attached to these Assurances and Certification. Witness my hand this day of September 2014. Gary J. Stanford, Deputy Clerk of Circuit Court Application Assurances - 4 of 4