Okaloosa County BOCC — December 16, 2014

Agenda Okaloosa County Board of Commissioners Tuesday, December 16, 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. 380558-BCC-2014: Request for rezoning, Velez – Castillo – Pg. 5 V. Visitor 1. Ben Anderson requests opportunity to discuss the relocation of the Okaloosa County Tax Collector's Niceville Branch Office. – Pg. 21 2. Councilman Nick Chubb of Cinco Bayou - Okaloosa League of Cities – Pg. 24 VI. Consent Agenda 1. [AP] Request approval of Contract Closeout Modification at the Northwest Florida Regional Airport (VPS) – Pg. 25 2. [AP] Request approval of Transportation Security Administration Law Enforcement Officer Agreement Amendment at Northwest Florida Regional Airport (VPS) – Pg. 28 3. [AP] Request approval of a lease renewal for Air Methods Corporation to base Medevac (air-ambulance) at Bob Sikes Airport (CEW). – Pg. 31 4. [AP] Request approval of Timberview Helicopters sightseeing tour lease renewal at Destin Airport (DTS) – Pg. 54 5. [CAO] Approval of Budget Resolutions & Transfers – Pg. 63 6. [CAO] Per Florida Statute 136.06, a link to warrants is provided for Board information and review – Pg. 86 7. [CAO] Request approval of minutes for the October 21st & November 4th, 2014 Regular BCC Meeting – Pg. 88 Revised: 12/11/2014 11:45 AM Page 1 of 4 Regular Meeting (South) Agenda December 16, 2014 8. [CAO] Request approval of a Resolution submitted by Surety Land Title of Florida, LLC for an Okaloosa Island Leasehold Conversion – Pg. 125 9. [CAO] Request Board approve and authorize Chairman to execute letter of support for the West Florida Regional Planning Council’s (WFRPC) application for the FY 2015 EPA Brownfield’s Assessment Grant Program. – Pg. 128 10. [GM] Request Extension of OCT Building Lease – Pg. 133 11. [GM] Okaloosa County Transit General Revenue Task Order 61 – Pg. 137 12. [Non BCC] Request approval for traffic law enforcement on privately maintained roads in Emerald Lakes. District: 5. – Pg. 141 13. [PUR] Seeking Approval of Final Payment to Cathey Construction for Northwest Florida Regional Airport Passenger Exit Control Lane System. – Pg. 156 14. [PUR] Requesting approval for Chairman to sign contract with AVCON for administration of the Aircraft Rescue and Fire Fighting Station (ARFF) at the Northwest Florida Regional Airport (VPS). – Pg. 176 15. [PUR] Requesting approval for Chairman to sign contract with Michael Baker for architectural and engineering services for Northwest Florida Regional Airport (VPS) Baggage Handling System (BHS). – Pg. 189 16. [PUR] Seeking Approval to Purchase Kubota Tractor for Solid Waste (R1500008). – Pg. 213 17. [PUR] Seeking authorization from the Board to auction surplus items. – Pg. 220 18. [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 Crestview Sidewalks Improvement Project. – Pg. 225 19. [PW] Approval to schedule a Public Hearing to amend Resolution 14-77. – Pg. 247 20. [RM] Request approval of amendment to optional vision insurance policy with Standard Insurance Company – Pg. 259 21. [WS] Request approval of Paradise Cleaning Services - New Oddfellow Lease - Unit 1310 E – Pg. 261 22. [WS] Request approval of Hend-Rx Nutrition & Laboratories - Oddfellow Lease – Pg. 272 23. [WS] Request approval of and authorize the Chairman to execute Change Order #5 to Contract # C13-2026-WS with Layne Christensen Company, Inc. for Del Cerro II Well. District: 1 – Pg. 283 Okaloosa County Board of Commissioners Page 2 Printed 12/11/2014 Regular Meeting (South) Agenda December 16, 2014 VII. Department Business A. Larry Williams/County Extension 1. Request approval for new staffing plan for Okaloosa Extension – Pg. 287 B. Paul Lawson/Corrections 1. Request approval of the Board to award bid for the replacement of damaged jail door control systems and related equipment. – Pg. 289 C. Elliot Kampert/Growth Management 1. Request approval of submittal of application for hazard mitigation grant funds on behalf of Bluewater Bay Municipal Service Benefit Unit – Pg. 293 D. Donald Turner/Facility Maintenance 1. Request BCC approval of a lease with Opportunity Inc. for space in the former Ft. Walton Beach hospital. Dist: 2 – Pg. 320 E. Jeff Littrell/Water & Sewer 1. Request approval of and authorize the Chairman to execute Planning Assistance to States (PAS) Phase IV Agreement with the United States Army Corps of Engineers (USACE) in support of the future water supply program. District: All. – Pg. 340 F. Ed Schroeder/Tourist Development 1. Presentation of quarterly financial and marketing reports – Pg. 356 2. Request approval for Chairman to sign an agreement with Realin’ Scripts Charters, LLC in the amount of $73,800 to fund a portion of production of the first season of “Destin to Fish” – Pg. 414 VIII. Old Business 1. Request consideration and staff direction concerning State legislative priorities and funding opportunities for FY 2015. District: All. – Pg. 425 Okaloosa County Board of Commissioners Page 3 Printed 12/11/2014 Regular Meeting (South) Agenda December 16, 2014 2. Request approval of County Administrator’s Employment Agreement. Dist: All. – Pg. 461 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. Okaloosa County Board of Commissioners Page 4 Printed 12/11/2014  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: 380558-BCC-2014: Request for rezoning, Velez - Castillo DEPARTMENT: Growth Management BCC DISTRICT: District 4 - Goodwin PUBLIC HEARING: Consideration of a request changing the use of land submitted by Samuel Velez-Castillo relating to property located at 670 Navy Street, Ft. Walton Beach. The request is to rezone the property from Residential - 2 (R-2) district to Manufactured/ Mobile Home Park (MHP) district, consistent with the future land use designation of Medium Density Residential (MDR). Property contains .44 acres, more or less. STAFF FINDINGS: • The subject property is located within the Medium Density Residential (MDR) future land use category. • The MHP zoning district is intended to implement the MDR future land use category. • The requirements for the MHP zoning district are expressed at Section 2.06.00 of the Land Development Code (LDC). • Subsection 2.06.01, LDC sets forth the purpose of the MHP district as: The purpose of the Manufactured/Mobile Home Park (MHP) district is to provide areas for the location of manufactured and mobile homes where spaces are rented for the placement, parking or accommodation of five (5) or more homes. • The purpose expressed above is taken from the definition found at Subsection 513.01, Fla. Stat. which reads: “Mobile home park” means a place set aside and offered by a person, for either direct or indirect remuneration of the owner, lessor, or operator of such place, for the parking, accommodation, or rental of five or more mobile homes. • Subsection 2.06.07, LDC sets forth bulk regulations for the MHP district as: Regulations controlling MHP districts shall be the same as those prescribed at Chapter 64E-15, Florida Administrative Code. • Rule 64E-15.002, FAC sets forth the minimum requirements for mobile home park spaces as follows. (2) Mobile Home and Lodging Parks. The minimum area requirements of each mobile home space constructed or developed after the effective date of this rule shall be as follows: (a) Each mobile home space designated for a single section mobile home shall contain a minimum of 2400 square feet with a minimum 35 foot width. (b) Spaces to be utilized for a double-wide mobile home shall contain no less than 3500 square feet with a minimum 50 foot width. (c) All mobile home and lodging park spaces and their appurtenances shall be located a minimum of 5 feet or more from the exterior boundaries, from the water of any canal, lake, or other body of water Packet Pg. 5 within the park. Rulemaking Authority 381.0011(13), 513.05 FS. Law Implemented 513.03 FS. History-New 5-20-96, Formerly 10D-26.110, Amended 12-30-09. • Staff has determined that the site will accommodate 5 mobile home spaces with the minimum 35 foot width and 2400 square feet required for a single section mobile home. • Comprehensive Plan Future Land Use Element Policy 4.4 requires consideration of compatibility as follows: Compatibility of adjacent zoning districts shall be considered during rezoning and land use plan amendments, considering potential maximum densities, intensities, and consistency of the potential land uses with surrounding districts, and the manner in which the land uses on the FLUM and the zoning districts result in an appropriate transition of uses, densities, and intensities (also see Policy 10.13). • Policy 10.13 states as follows: It is the intent of the County that the application of zoning districts for the implementation of the land use categories in this comprehensive plan provide for transition from more intense development to less intense development. Transition means that there is a gradual decrease in the allowable densities and intensities from one district to the next, with the most intense districts near municipal boundaries or areas of established intense urban development. The consideration of the degree to which the zoning districts accomplish transition between land uses shall be part of the review process for land use plan amendments and changes to zoning. PUBLIC COMMENT/OPPOSITION: None to date. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at a public hearing held November 13, 2014. MILITARY REPRESENTATIVE: No comment. STAFF POSITION: Staff has no objection to the requested rezoning. RECOMMENDATION: It is recommended that the Board consider the facts presented herein, the Planning Commission recommendation, as well as any facts that may be presented at the public hearing, and then decide whether or not to adopt the requested rezoning by ordinance RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 6  GIS ANALYSIS RESULTS Date: 9/17/2014 Project: 02-2S-24-0920-000B-0010 Permit: 380558-BCC-2014 Property Address: LOCATED AT 670 NAVY ST, FWB FL 32547 Previous Zoning Change: NO Proposed FLU Change: MHP Acres: .44 Zoning: R-2 FLU: MDR 1990 FLU: MDR Fire District: OCEAN CITY-WRIGHT Commissioner District: 4 Census Tract: 22001 Soil Type: 8 – Kinston-Johnston-Bibb – soils on floodplains and along creeks etc., poorly drained, nearly level. Wind Zone: Above the 140mph in the wind borne debris Flood Zone: X 500 Year Flood Plain Map Number: 12091CO 435H Storm Surge Area: No Urban Development Area: Yes Water Efficient Area: Yes Wells: None Environmental Data: None Historical Data: None Wetlands: Uplands Water and Sewer: OCWS Within 3 mile of an Airport: NO Packet Pg. 7  ATTACHMENT - A 02-2S-24-0920-000B-0010 EGLIN OCEAN CITY SUBJECT PROPERTY WRIGHT SHALIMAR MARY FORT ESTHER WALTON BEACH Legend : Roads Location Map Packet Pg. 8  ATTACHMENT - B 02-2S-24-0920-000B-0010 LLOYD ST RE EVES DR NAVY ST POPPY ST WINTER PARK CT SUBJECT PROPERTY Legend Parcel Lines Aerial Photo : Packet Pg. 9  ATTACHMENT - C 02-2S-24-0920-000B-0010 LLOYD ST SINGLE FAMILY VACANT 0.128806 0.300372 MULTI-FAMILY SINGLE FAMILY 0.656568 0.22746 SFR/TOWNHOUSE 0.035243 SUWANEE LN NAVY ST SINGLE FAMILY MULTI-FAMILY SINGLE FAMILY 0.202395 0.202395 0.201682 SFR/TOWNHOUSE POPPY ST 0.038202 GLE FAMILY .108134 E FAMILY 99211 SINGLE FAMILY SFR/TOWNHOUSE TRAILER PARK MOBILE HOME 0.218864 0.051812 E FAMILY 0.606043 0.202012 90542 SINGLE FAMILY SINGLE FAMILY 0.220661 0.286068 Existing Land Use Map : Packet Pg. 10  ATTACHMENT - D 02-2S-24-0920-000B-0010 LLOYD ST SUBJECT PROPERTY NAVY ST MDR SUWANEE LN POPPY ST WINTER PARK CT Legend MDR Future Land Use Map : Packet Pg. 11  ATTACHMENT - E 02-2S-24-0920-000B-0010 LLOYD ST SUBJECT PROPERTY NAVY ST R-2 SUWANEE LN POPPY ST WINTER PARK CT : Legend R-2 Zoning Map Packet Pg. 12  ATTACHMENT - F 02-2S-24-0920-000B-0010 SUBJECT PROPERTY SUWANEE LN MDR NAVY ST POPPY ST WINTER PARK CT Legend : Medium Density Residential (MDR) Future 1990 Land Use Map ) Packet Pg. 13  ATTACHMENT - G 02-2S-24-0920-000B-0010 MU LLOYD ST NAVY ST R-2 SUBJECT PROPERTY SUWANEE LN MHP POPPY ST WINTER PARK CT R-1 Legend : MHP R-2 Proposed Zoning Map R-1 Packet Pg. 14  ATTACHMENT - H 02-2S-24-0920-000B-0010 GIBSON RD RACETRACK RD NW AIR FORCE ST JAMES LEE RD C-3 DENTON BLVD AUBURN RD NAVY ST OAKLAWN ST PATIO RD ROY ST FWB KOON ST BOB SIKES BLVD GREENWOOD ST MU R-2 WALTERS CIR SCOTT LN LLOYD ST DUBOIS DR GREEN ST JAMES LEE RD TYNER ST SUBJECT PROPERTY YANCEY ST DENTON BLVD CLIFFORD ST NAVY ST R-3 MHP LEWIS ST SHORT ST SPENCER DR MAYFLOWER AVE INST FERRETTI AVE REVERE AVE LANG RD BRADFORD DR PRISCILLA DR PELH R-1 LA SRAM RD FI ALDEN DR TT E JAMESTOWN AVE C R WATER E S BEULAH ST Legend : MU C-3 R-1 INST 1 Mile Zoning Map R-2 MHP Packet Pg. 15 Packet Pg. 16 Packet Pg. 17 Packet Pg. 18 Packet Pg. 19 Packet Pg. 20  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Ben Anderson - Okaloosa County Tax Collector SUBJECT: Visitor -Ben Anderson Tax Collector STATEMENT OF ISSUE: Tax Collector to discuss option for a new County-owned facility for the Tax Collector in Niceville. BACKGROUND: The Tax Collector previously addressed the Board on August 19th and October 21, 2014 about options for a new County-owned facility for the Tax Collector in Niceville. Packet Pg. 21 From: Jerry Thornton To: Roland Sims Subject: Change to the Okaloosa Board of County Commissioner"s Meeting, 2 Dec 14 Date: Wednesday, November 26, 2014 10:43:00 AM Mr. Sims, Respectfully request you remove Mr. Anderson (OCTC) from the BCC Meeting on 2 Dec 14, and add him to the BCC Meeting on 16 Dec 14. The subject will remain the same; discuss the relocation of the OCTC’s Niceville Branch Office. Please let me know if you have any questions I hope you and your family have a great Thanksgiving. Respectfully, Jerry C. Thornton, Jr. Director of Community Relations and Special Projects Okaloosa County Tax Collector 73 Eglin Parkway NE, Suite 111 Ft Walton Beach, FL 32548-4488 Office: (850) 609-3507 JThornton@OkaloosaTax.com From: Jerry Thornton Sent: Tuesday, November 18, 2014 4:35 PM To: 'rosims@co.okaloosa.fl.us' Subject: Okaloosa Board of County Commissioner's Meeting, 2 Dec 14 Mr. Sims, On behalf of the Okaloosa County Tax Collector (OCTC), respectfully request the Honorable Ben Anderson be added to the agenda for the Board of County Commissioner’s Meeting on 2 Dec 14. He would like to discuss the relocation of the OCTC’s Niceville Branch Office. Please let me know if you require any further information. Respectfully, Jerry C. Thornton, Jr. Director of Community Relations and Special Projects Okaloosa County Tax Collector 73 Eglin Parkway NE, Suite 111 Ft Walton Beach, FL 32548-4488 Office: (850) 609-3507 JThornton@OkaloosaTax.com Packet Pg. 22 Any e-mail or attachment sent to or received from this e-mail address may be considered a "public record" as defined by Chapter 119, Florida statutes and is subject to disclosure as a public record in absence of an exemption established by law. Packet Pg. 23  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Councilman Nick Chubb - Cinco Bayou - Okaloosa League of Cities SUBJECT: Visitor - Okaloosa League of Cities Representative from the Okaloosa League of Cities to discuss the establishment of a County-City staff work group to coordinate on issues of importance to Okaloosa County and local municipalities such as transit, transportation, stormwater and homelessness. About the Okaloosa League of Cities, Inc. - The Okaloosa League of Cities is the united voice for Florida’s municipal governments. Its goals are to serve the needs of Florida's cities and promote local self-government. The League was founded on the belief that local self-government is the keystone of American democracy. Packet Pg. 24  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: TSA Contract Closeout Modification at VPS DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve the attached modification amendment de-obligating unspent funding for the Northwest Florida Regional Airport’s (VPS) Baggage Handling and Inspection System. BACKGROUND: TSA issued an Other Transaction Agreement (OTA) for the design of an upgrade/replacement of the Airport's baggage handling and inspection system in the amount of $259,560.00. The Board approved the original grant agreement for design on September 18, 2012. The design has been completed and all invoices paid and reimbursed 100% to the County. The amount paid was $234,476.00 leaving $25,084.00 un-obligated, This modification amends the contract amount to the amount paid, and closes the agreement. Based on this design, another OTA has been issued for the construction in the amount of $4.3 million. OPTIONS: Approve, Disapprove, Table RECOMMENDATIONS: Airport Staff recommends approval of the attached modification amendment to the agreement and signature by the Chairman. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 25 Packet Pg. 26 Packet Pg. 27  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: TSA Law Enforcement Officer Agreement Amendment DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve the attached modification/amendment to de-obligate unspent funding for the Airport Law Enforcement Officer (LEO) support agreement. BACKGROUND: This amendment de-obligates $15,098.40 from the contract that reimbursed the Airport for a portion of its LEO expenses. The contract was to assist the Airport in meeting its responsibilities with respect to security and law enforcement response time at the passenger screening area. The contract was originally funded for three years in 2005. Subsequent annual amendments funded the program through FY 2012 for a total of $882,262.42. This de- obligation reduces the amount to $867,164.00 and closes out the grant. The Airport still receives reduced support from the Transportation Security Administration to assist in this Federal requirement. The current grant is for fiscal years 2013 through 2015. The funding for FY 2015 has not been established as the government is operating under a Continuing Resolution Authority (CRA) pending enactment of appropriations. OPTIONS: Approve, Disapprove, Table RECOMMENDATIONS: Airport staff recommends approval for the Chairman to sign the amendment. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 28 Packet Pg. 29 Packet Pg. 30  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Air Methods Corporation Lease Renewal DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: A proposed request for Lease Renewal for Air Methods Corporation at the Bob Sikes Airport (CEW) is being presented to the Board of County Commissioners for approval. BACKGROUND: On January 10, 2012, the Board approved the initial lease for Air Methods Corporation, a medevac (air ambulance) helicopter service provider, to be located at the Bob Sikes Airport (CEW) with an expiration date of November 30, 2014. Earlier this year, Air Methods submitted a requested to exercise the renewal of their lease, but despite numerous reminders failed to submit the necessary documentation and certificates before the expiration date. Air Methods remains in compliance with all other terms and conditions of their initial lease and continues to make timely payments. By way of a detailed chronology: 1. June 13, 2014 The Department of Airports sent an inquiry letter to Air Methods asking if Air Methods intended to exercise the lease renewal option. 2. July 30, 2014, the Department of Airports sent a follow-up seeking a response on the lease renewal option from Air Methods. 3. August 14, 2014 Air Methods advised of a new company contact and the Department of Airports sent an E-mail seeking their lease renewal request in writing. 4. August 21, 2014, a follow-up E-mail asking if Air Methods intended to exercise the lease renewal option and requesting the company’s mailing address. 5. Air Methods responded to the e-mail on that same date stating they were waiting on their legal department to write the letter of intent. 6. August 28, 2014 airport personnel sent the lease renewal paperwork to Air Methods for signature. Several phone calls were made by the Department of Airports management following-up to have the lessee return the executed lease renewal documents. 7. October 28, 2014 the Department of Airports sent an e-mail to Air Methods asking for the executed renewal documents. Air Methods responded that their main office had mailed the lease renewal documents. 8. December 1, 2014 a letter was mailed to Air Methods as a final notice with thirty days to deliver or Air Methods personnel would not be allowed on premises. 9. December 4, 2014, Air Methods executed lease renewal documents were received. The contract and lease internal coordination sheet is attached along with their certificates of insurance and corroborating documentation. OPTIONS: Approve Reject or Table. Packet Pg. 31 RECOMMENDATIONS: It is Staff's recommendation that the Board of County Commissioners approve the Air Methods Lease Renewal as requested. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 32 Packet Pg. 33 Packet Pg. 34 Packet Pg. 35 Packet Pg. 36 Packet Pg. 37 Packet Pg. 38 Packet Pg. 39 Packet Pg. 40 Packet Pg. 41 Packet Pg. 42 Packet Pg. 43 Packet Pg. 44 Packet Pg. 45 Packet Pg. 46 Packet Pg. 47 Packet Pg. 48 Packet Pg. 49 Packet Pg. 50 Packet Pg. 51 Packet Pg. 52 Packet Pg. 53  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Timberview Helicopters Lease Renewal DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: A proposed lease renewal for Timberview Helicopters to continue to operate a sightseeing tour business out of the Destin/Ft. Walton Beach Airport is being presented to the Board of County Commissioners for approval. BACKGROUND: On January 24, 2014 the Board approved a lease for Timberview Helicopters Inc. to operate sightseeing from the Destin/Ft. Walton Beach Airport. With this request, Timberview Helicopters is exercising its option to renew the current lease in which it is in compliance with all of the County's terms and conditions. The executed contract and lease internal coordination sheet is attached along with their certificates of insurance and approval by Risk Management. OPTIONS: Approve Reject or Table. RECOMMENDATIONS: It is Staff's recommendation that the Board approve the Lease Renewal as described above. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 54 Packet Pg. 55 Packet Pg. 56 Packet Pg. 57 Packet Pg. 58 Packet Pg. 59 Packet Pg. 60 Packet Pg. 61 From: Dave Miner To: Roland Sims Cc: Lori Fox Subject: RE: Action Item 3662 was Reviewed : Timberview Helicopters Lease Renewal Date: Tuesday, December 09, 2014 12:41:59 PM Roland: Timberview’s lease states 5% of gross. The total Timberview paid us in 2014 was $3,447.13. Since this is a lease it will have to go to the Board for approval. Hope this helps. If you need any other information let me know. Dave From: Roland Sims Sent: Tuesday, December 09, 2014 11:44 AM Cc: Dave Miner; Lori Fox Subject: RE: Action Item 3662 was Reviewed : Timberview Helicopters Lease Renewal Importance: High Good Morning all, I did not see the value of the lease (amount box not ticked) to determine if John Hofstad needs to sign. Can someone verify. Thanks, Roland Sims Jr. Executive Assistant II Okaloosa County Administrator's Office 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. 62  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: David Skarzynski, Budget Manager SUBJECT: Budget Resolutions & Transfers Resolution amending the Fiscal Year 2015 Budget, General Fund, which did not reflect adequate appropriations from Florida Department of Agriculture and Consumer Services (FDACS) for state aid for mosquito control/arthropod control grant, in the amount of $31,540. Resolution amending the Fiscal Year 2015 Budget, Tourist Development Fund, which did not reflect adequate appropriations from Aramark for annual investment contribution, in the amount of $25,000. Resolution amending the Fiscal Year 2015 Budget, Debt Service Fund, which did not reflect adequate appropriations for Revenue Bond Series 2014, in the amount of $2,652,753. Resolution amending the Fiscal Year 2015 Budget, Capital Outlay Construction Fund, which did not reflect adequate appropriations for Revenue Bond Series 2014, in the amount of $2,430,910. Resolution amending the Fiscal Year 2015 Budget, County Transportation Trust Fund, which did not reflect adequate appropriations for cash carryforward, in the amount of $740,870. Resolution amending the Fiscal Year 2015 Budget, Local Housing Authority Trust Fund, which did not reflect adequate appropriations for cash carryforward, in the amount of $2,690. Resolution amending the Fiscal Year 2015 Budget, E-911 Operations Fund, which did not reflect adequate appropriations for cash carryforward, in the amount of $493,718. Resolution amending the Fiscal Year 2015 Budget, Radio Communications Fund, which did not reflect adequate appropriations for cash carryforward, in the amount of $80,572. Resolution amending the Fiscal Year 2015 Budget, Law Enforcement Trust Fund, which reflected too much appropriations for cash carryforward, in the amount of ($8,413). Resolution amending the Fiscal Year 2015 Budget, Police Academy Fund, which did not reflect adequate appropriations for cash carryforward, in the amount of $7,075. Resolution amending the Fiscal Year 2015 Budget, County Public Health Fund, which did not reflect adequate appropriations for cash carryforward, in the amount of $1,584. Resolution amending the Fiscal Year 2015 Budget, M.S.B.U. Fund, which reflected too much appropriations for cash carryforward, in the amount of ($37,307). Packet Pg. 63 Resolution amending the Fiscal Year 2015 Budget, Unincorporated County Parks Fund, which reflected to much appropriations for cash carryforward, in the amount of ($234,752). Resolution amending the Fiscal Year 2015 Budget, Prisoner Benefit Fund, which did not reflect adequate appropriations for cash carryforward, in the amount of $106,118. Resolution amending the Fiscal Year 2015 Budget, Additional Court Cost Fund, which reflected too much appropriations for cash carryforward, in the amount of ($32,210). Resolution amending the Fiscal Year 2015 Budget, Drug Abuse Trust Fund, which did not reflect adequate appropriations for cash carryforward, in the amount of $8,254. Resolution amending the Fiscal Year 2015 Budget, Domestic Violence Trust Fund, which did not reflect adequate appropriations for cash carryforward, in the amount of $2,941. Resolution amending the Fiscal Year 2015 Budget, Traffic Education Fund, which did not reflect adequate appropriations for cash carryforward, in the amount of $25,053. Resolution amending the Fiscal Year 2015 Budget, Okaloosa Debt Service Fund, which did not reflect adequate appropriations for cash carryforward, in the amount of $103,651. Packet Pg. 64  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Agriculture and Consumer Services (FDACS) for state aid for mosquito control/arthropod control grant, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the General Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Health or Hospitals - State 701502R-334610 $31,540 EXPENDITURES DEPT-ACCOUNT AMOUNT Chemical Supplies 701502-552601 $31,540 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 65  RESOLUTION NO. RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET TOURIST DEVELOPMENT FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Aramark for annual investment contribution, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Tourist Development Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Contribution - Aramark 1173R-366777 $25,000 EXPENDITURES DEPT-ACCOUNT AMOUNT Supplies - Aramark 1173-552777 $10,000 Equipment – Aramark 1173-564777 $15,000 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 66  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET OKALOOSA DEBT SERVICE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for Revenue Bond Series 2014, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Okaloosa Debt Service Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Revenue Bond Series 2014 2109R-384302 $1,651,089 Revenue Bond Series 2014 2109R-384302 $132,815 Revenue Bond Series 2014 2109R-384302 $868,849 EXPENDITURES DEPT-ACCOUNT AMOUNT Other Principal 2109-571900 $1,650,000 Other Interest 2109-572900 $869,938 Other Debt Service Costs 2109-573900 $132,815 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 67  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET CAPITAL OUTLAY CONSTRUCTION FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for Revenue Bond Series 2014, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Capital Outlay Construction Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Revenue Bond Series 2014 3160R-384302 $2,430,910 EXPENDITURES DEPT-ACCOUNT AMOUNT Shalimar Annex – Phase II 3160-562132 $745,656 Sheriff – Shalimar Building 3160-562224 ($253,913) Crestview Remodel/Expansion Project 3160-562281 $1,939,167 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 68  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET COUNTY TRANSPORTATION TRUST FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations cash carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the County Transportation Trust Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances – Cash 1000R-389901 $122,203 Balances – Cash 1004R-389901 $426,998 Cash Match 711231R-389920 $191,669 EXPENDITURES DEPT-ACCOUNT AMOUNT Equipment 1002-564402 $172,203 Stormwater Management 1004-563490 $476,998 Other Improvements 711231-563390 $91,669 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 69  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET LOCAL HOUSING AUTHORITY TRUST SPECIAL REVENUE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for cash carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Local Housing Authority Trust Special Revenue Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances – Cash 1351R-389901 $2,690 EXPENDITURES DEPT-ACCOUNT AMOUNT Reserve/Cash Carryforward 1351-599010 $2,690 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 70  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET E-911 OPERATIONS SPECIAL REVENUE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for cash carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the E-911 Operations Special Revenue Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances - Cash 1401R-389901 $493,718 EXPENDITURES DEPT-ACCOUNT AMOUNT Reserves/Cash Carryforward 1401-599010 $493,718 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 71  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET RADIO COMMUNICATIONS SPECIAL REVENUE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for cash carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Radio Communications Special Revenue Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances - Cash 1021R-389901 $80,572 EXPENDITURES DEPT-ACCOUNT AMOUNT Public Safety Equipment 1021-564202 $80,572 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 72  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET LAW ENFORCEMENT TRUST SPECIAL REVENUE FUND WHEREAS, the Board of County Commissioners in the original budget reflected too much appropriations for cash carryforward, and WHEREAS, said additional revenue is not evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Law Enforcement Trust Special Revenue Fund be decreased, as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Cash – Balances 1022R-389901 ($8,413) EXPENDITURES DEPT-ACCOUNT AMOUNT Budget Transfer-Sheriff-Law Enforcement 1022-591086 ($8,413) Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 73  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET POLICE ACADEMY SPECIAL REVENUE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for cash carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Police Academy Special Revenue Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances - Cash 1023R-389901 $7,075 EXPENDITURES DEPT-ACCOUNT AMOUNT Travel/Per Diem - Corrections 1023-540023 $790 Budget Transfer-Sheriff-Law Enforcement 1023-591086 $6,285 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 74  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET COUNTY PUBLIC HEALTH SPECIAL REVENUE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for cash carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the County Public Health Special Revenue Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances - Cash 1550R-389901 $1,584 EXPENDITURES DEPT-ACCOUNT AMOUNT Health Department 1550-581602 $1,584 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 75  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET M.S.B.U SPECIAL REVENUE FUND WHEREAS, the Board of County Commissioners in the original budget reflected too much appropriations for cash carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Municipal Service Benefit Unit Special Revenue Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances – Cash (Tanglewood) 1601R-389901 $222 Balances – Cash (Island Lights) 1602R-389901 $595 Balances – Cash (Northgate) 1603R-389901 ($15) Balances – Cash (Chateguay) 1604R-389901 ($406) Balances – Cash (Gable Estates) 1605R-389901 ($361) Balances – Cash (Valencia Arms) 1606R-389901 $149 Balances – Cash (Colony Estates Phase I) 1607R-389901 $324 Balances – Cash (Hidden Trails) 1608R-389901 $39 Balances – Cash (Lafitte Crescent) 1609R-389901 ($13) Balances – Cash (McFarland) 1610R-389901 ($13) Balances – Cash (Sylvania Heights) 1611R-389901 ($2,193) Balances – Cash (Willow Bend) 1612R-389901 ($237) Balances – Cash (Lake Point) 1613R-389901 $58 Balances – Cash (Coventry Park) 1614R-389901 $338 Balances – Cash (Donlabrook) 1615R-389901 $25 Balances – Cash (Emerald Point) 1616R-389901 ($610) Balances – Cash (Brookwood) 1617R-389901 ($140) Balances – Cash (Bristol Park) 1618R-389901 ($49) Balances – Cash (Hidden Trails II) 1619R-389901 $13 Balances – Cash (Forest Cove) 1620R-389901 ($130) Balances – Cash (Sandy Ridge) 1621R-389901 ($152) Balances – Cash (Cherokee Bend) 1622R-389901 $4 Balances – Cash (Lake Point II) 1623R-389901 $57 Balances – Cash (Hidden Trails 6) 1624R-389901 $13 Balances – Cash (Lawton Court) 1625R-389901 $12 Balances – Cash (Mills Landing) 1626R-389901 ($232) Balances – Cash (Rush Park West) 1627R-389901 ($195) Balances – Cash (High Grove Plantation) 1628R-389901 ($324) Balances – Cash (Victoria Park) 1629R-389901 ($321) Balances – Cash (Lake Charles) 1630R-389901 ($14) Balances – Cash (Rocky Bayou) 1631R-389901 $4 Balances – Cash (Old Town) 1632R-389901 ($239) Balances – Cash (Rosebud Plantation) 1633R-389901 ($24) Balances – Cash (Oakwood Townhomes) 1634R-389901 ($9) Packet Pg. 76 Balances – Cash (Hunter’s Run) 1635R-389901 $106 Balances – Cash (Bent Tree) 1636R-389901 $114 Balances – Cash (Whitrock Village) 1637R-389901 $12 Balances – Cash (Emerald Village) 1638R-389901 $17 Balances – Cash (Glenwood Court) 1639R-389901 ($64) Balances – Cash (Stonebridge I-IV) 1641R-389901 $11 Balances – Cash (Eagles Nest) 1642R-389901 $37 Balances – Cash (Colony Estates Phase II) 1643R-389901 ($2,174) Balances – Cash (Woodland Park) 1644R-389901 ($149) Balances – Cash (China Grove) 1645R-389901 ($37) Balances – Cash (Parkview Road) 1646R-389901 $147 Balances – Cash (Bluewater Bay) 1695R-389901 ($42,790) Balances – Cash (Lake Pippin) 1697R-389901 $11,288 EXPENDITURES DEPT-ACCOUNT AMOUNT Reserve/Cash Carryforward 1601-599010 $222 Reserve/Cash Carryforward 1602-599010 $595 Reserve/Cash Carryforward 1603-599010 ($15) Reserve/Cash Carryforward 1604-599010 ($406) Reserve/Cash Carryforward 1605-599010 ($361) Reserve/Cash Carryforward 1606-599010 $149 Reserve/Cash Carryforward 1607-599010 $324 Reserve/Cash Carryforward 1608-599010 $39 Reserve/Cash Carryforward 1609-599010 ($13) Reserve/Cash Carryforward 1610-599010 ($13) Utilities – Lighting 1611-543003 ($393) Reserve/Cash Carryforward 1611-599010 ($1,800) Utilities – Lighting 1612-543003 ($83) Reserve/Cash Carryforward 1612-599010 ($154) Reserve/Cash Carryforward 1613-599010 $58 Reserve/Cash Carryforward 1614-599010 $338 Reserve/Cash Carryforward 1615-599010 $25 Utilities – Lighting 1616-543003 ($610) Reserve/Cash Carryforward 1617-599010 ($140) Reserve/Cash Carryforward 1618-599010 ($49) Reserve/Cash Carryforward 1619-599010 $13 Reserve/Cash Carryforward 1620-599010 ($130) Reserve/Cash Carryforward 1621-599010 ($152) Reserve/Cash Carryforward 1622-599010 $4 Reserve/Cash Carryforward 1623-599010 $57 Reserve/Cash Carryforward 1624-599010 $13 Reserve/Cash Carryforward 1625-599010 $12 Reserve/Cash Carryforward 1626-599010 ($232) Reserve/Cash Carryforward 1627-599010 ($195) Utilities – Lighting 1628-543003 ($324) Reserve/Cash Carryforward 1629-599010 ($321) Utilities – Lighting 1630-543003 ($14) Reserve/Cash Carryforward 1631-599010 $4 Reserve/Cash Carryforward 1632-599010 ($239) Reserve/Cash Carryforward 1633-599010 ($24) Reserve/Cash Carryforward 1634-599010 ($9) Reserve/Cash Carryforward 1635-599010 $106 Packet Pg. 77 Reserve/Cash Carryforward 1636-599010 $114 Reserve/Cash Carryforward 1637-599010 $12 Reserve/Cash Carryforward 1638-599010 $17 Utilities – Lighting 1639-543003 ($64) Reserve/Cash Carryforward 1641-599010 $11 Reserve/Cash Carryforward 1642-599010 $37 Reserve/Cash Carryforward 1643-599010 ($2,174) Reserve/Cash Carryforward 1644-599010 ($149) Reserve/Cash Carryforward 1645-599010 ($37) Reserve/Cash Carryforward 1646-599010 $147 Contract Services – Lawn Services 1695-534607 ($20,119) Reserve/Cash Carryforward 1695-599010 ($22,671) Reserve/Cash Carryforward 1697-599010 $11,288 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 78  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET UNINCORPORATED COUNTY PARKS SPECIAL REVENUE FUND WHEREAS, the Board of County Commissioners in the original budget reflected too much appropriations for cash carryforward, and WHEREAS, said additional revenue is not evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Unincorporated County Parks Special Revenue Fund be decreased, as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances Cash 1750R-389901 ($234,752) EXPENDITURES DEPT-ACCOUNT AMOUNT Reserve Future Capital Outlay 1799-599300 ($234,752) Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 79  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET PRISONER BENEFIT SPECIAL REVENUE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for cash carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Prisoner Benefit Special Revenue Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances - Cash 1024R-389901 $106,118 EXPENDITURES DEPT-ACCOUNT AMOUNT Reserve/Cash Carryforward 1024-599010 $106,118 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 80  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET ADDITIONAL COURT COST SPECIAL REVENUE FUND WHEREAS, the Board of County Commissioners in the original budget reflected too much appropriations for cash carryforward, and WHEREAS, said additional revenue is not evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Additional Court Cost Special Revenue Fund be decreased, as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances – Cash (Judicial Innovations) 1025R-389901 ($32,530) Balances – Cash (Law Library) 1027R-389901 $320 EXPENDITURES DEPT-ACCOUNT AMOUNT Reserve/Cash Carryforward 1025-599010 ($32,530) Reserve/Cash Carryforward 1027-599010 $320 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 81  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET DRUG ABUSE TRUST SPECIAL REVENUE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for cash carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Drug Abuse Trust Special Revenue Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances – Cash 1031R-389901 $8,254 EXPENDITURES DEPT-ACCOUNT AMOUNT Reserve/Cash Carryforward 1031-599010 $8,254 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 82  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET DOMESTIC VIOLENCE TRUST SPECIAL REVENUE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for cash carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Domestic Violence Trust Special Revenue Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances – Cash 1033R-389901 $2,941 EXPENDITURES DEPT-ACCOUNT AMOUNT Reserve/Cash Carryforward 1033-599010 $2,941 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 83  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET TRAFFIC EDUCATION SPECIAL REVENUE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for cash carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Traffic Education Special Revenue Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances – Cash 1034R-389901 $25,053 EXPENDITURES DEPT-ACCOUNT AMOUNT School Board 1034-581901 $6,113 Budget Transfer-Sheriff-Law Enforcement 1034-591086 $18,940 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 84  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET OKALOOSA DEBT SERVICE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for cash carryforward, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Okaloosa Debt Service Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Balances – Cash 2100R-389901 $103,651 EXPENDITURES DEPT-ACCOUNT AMOUNT Reserve\Miscellaneous 2199-599200 $103,651 Adopted this regular session the 16th day of December 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: J. D. PEACOCK II CLERK OF CIRCUIT COURT AD INTERIM BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 85  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Roland Sims Jr. SUBJECT: Link to Warrants DEPARTMENT: County Administrator BCC DISTRICT: All Per Florida Statute 136.06(1), "All money drawn from any depository qualified under the provisions of this chapter shall be upon a check or warrant issued by the board or officer drawing the same, said check or warrant, both as to number and amount, person to whom drawn and purpose for which drawn shall be recorded in the minutes of the board having ordered the same drawn, and each check or warrant so drawn shall be signed by the chair of said board, attested by the clerk or secretary of said board with the corporate seal thereof affixed; however, money under the control of any school board may be withdrawn as may be otherwise provided by law." Warrants are defined as checks or money drawn from any of the Board’s depositories. The following link is provided to review all warrants by the Okaloosa County Board of County Commissioners: <http://www.clerkofcourts.cc/bccfinance/>. If using iPad to view or if link is unusable, please reference link in attachment to this agenda item. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 86  The following reference(s) is (are) provided as links for the following: Agenda Item Title: Link to Warrants Reference Background: Per Florida Statute 136.06(1), "All money drawn from any depository qualified under the provisions of this chapter shall be upon a check or warrant issued by the board or officer drawing the same, said check or warrant, both as to number and amount, person to whom drawn and purpose for which drawn shall be recorded in the minutes of the board having ordered the same drawn, and each check or warrant so drawn shall be signed by the chair of said board, attested by the clerk or secretary of said board with the corporate seal thereof affixed; however, money under the control of any school board may be withdrawn as may be otherwise provided by law." Warrants are defined as checks or money drawn from any of the Board’s depositories. The following link is provided to review all warrants by the Okaloosa County Board of County Commissioners: http://www.clerkofcourts.cc/bccfinance/ Packet Pg. 87  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Teresa Ward, BCC Deputy Clerk SUBJECT: Approval of BCC Meetings Minutes The minutes for the October 21st & November 4th, 2014 Regular BCC Meeting are attached for review. Packet Pg. 88 Packet Pg. 89 Packet Pg. 90 Packet Pg. 91 Packet Pg. 92 Packet Pg. 93 Packet Pg. 94 Packet Pg. 95 Packet Pg. 96 Packet Pg. 97 Packet Pg. 98 Packet Pg. 99 Packet Pg. 100 Packet Pg. 101 Packet Pg. 102 Packet Pg. 103 Packet Pg. 104 Packet Pg. 105 Packet Pg. 106 Packet Pg. 107 Packet Pg. 108 Packet Pg. 109 Packet Pg. 110 Packet Pg. 111 Packet Pg. 112 Packet Pg. 113 Packet Pg. 114 Packet Pg. 115 Packet Pg. 116 Packet Pg. 117 Packet Pg. 118 Packet Pg. 119 Packet Pg. 120 Packet Pg. 121 Packet Pg. 122 Packet Pg. 123 Packet Pg. 124  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 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. 125 Surety Land Title of Florida, LLC 4100 S Ferdon Blvd - B3, Crestview, FL 32536 850-423-4613 office 850-423-0542 fax December 16, 2014 John Hofstad County Administrator Okaloosa County, Florida Re: Leasehold/Fee Simple Conversions Surety Land Title of Florida, LLC hereby presents for the Board’s consideration at the December 16, 2014 meeting of the County Commissioners Resolutions directing Surety Land Title of Florida to prepare Quitclaim Deeds for the accepted bidders of particular properties referenced therein. Once approved, Quitclaim Deeds for the accepted bidders for the particular properties will be sent to the Board Chairman’s office for his signature. Please let us know if you have any questions or need further information. Thank you for your consideration. Billie Jene Martin Processor/Receptionist Surety Land Title 4100 South Ferdon Blvd, Suite B3 Crestview, FL 32536 Packet Pg. 126  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); Ronald G. Herring and Connie K. Dunlap, Husband and Wife Lot 485, Block 8, Santa Rosa Island, as recorded in Plat Book 2, Page 190, of the Public Records of Okaloosa County, Florida. Anitha Ta, as Trustee and Hung Ta, as Trustee of the Ta Family Revocable Trust, Date April 6, 2011 Lot 79, Block F, Holiday Isle Residential Section No. 5, according to the plat thereof, recorded in Plat Book 4, Page(s) 39, 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. 127  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Letter of Support for WFRPC Grant Application DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Request Board approve and authorize Chairman to execute letter of support for the West Florida Regional Planning Council’s (WFRPC) application for the FY 2015 EPA Brownfield’s Assessment Grant Program. BACKGROUND: The WFRPC is preparing an application for the FY 2015 EPA Brownfield’s Assessment Grant Program. If awarded, this grant would be available for identification and assessment of Brownfield’s sites throughout the region, making each eligible for clean-up and redevelopment. The grant funds would be used only for parties interested in pursuing Brownfield’s identification and remediation. In order to have the best chances of receiving funding under this grant, the WFRPC needs to show support and commitment from partners throughout the seven county region, and is requesting a letter of support for this purpose. Providing a signed letter of support for the WFRPC application would not obligate participation in the program, but may increase the WFRPC’s ability to receive the grant, and to provide funding to supporters who do want to participate. An additional factor in this year’s application process will be the commitments made by local agencies for activities such as helping to identify potential sites for assessment and redevelopment, to market the Brownfield’s program locally on websites or by posting information in offices, or to provide assistance in public outreach and involvement either through direct participation or in donating meeting spaces. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Staff recommends Board approve and authorize Chairman to execute letter of support for the West Florida Regional Planning Council’s (WFRPC) application for the FY 2015 EPA Brownfield’s Assessment Grant Program. RECOMMENDED BY: Packet Pg. 128 APPROVED BY: John Hofstad, County Administrator Packet Pg. 129  Board of County Commissioners State of Florida December 16, 2014 Barbara Alfano U.S. Environmental Protection Agency Region 4 61 Forsyth Street, SW 10th Floor Atlanta, Georgia 30303-8960 Dear Ms. Alfano: On behalf of the Okaloosa County Board of County Commissioners, please accept this letter of support for West Florida Regional Planning Council’s application for a 2015 EPA Brownfield’s Assessment Grant in the amount of $400,000. These funds will be used to address hazardous substances and petroleum product impacted properties. We applaud West Florida Regional Planning Council’s effort to support the revitalization and redevelopment of our community. Sincerely, Charles K. Windes, Jr. Chairman Courthouse 1804 Lewis Turner Blvd., Suite 100 101 E. James Lee Blvd. • Crestview, FL 32536 Fort Walton Beach, FL 32547 (850) 689-5030 • Fax: 689-5059 (850) 651-7105 • Fax: 651-7142 Packet Pg. 130 From: Kelly Windes To: Rick Owen Subject: Fwd: West Florida Regional Planning Council letter of support request Date: Friday, December 05, 2014 8:52:49 AM Attachments: WFRPC Brownfields Support Template.doc ATT00001.htm Sent from my iPad Begin forwarded message: From: "Daniel, Kate" <kate.daniel@wfrpc.org> Date: December 3, 2014 at 4:16:42 PM CST Subject: West Florida Regional Planning Council letter of support request Good Afternoon, The West Florida Regional Planning Council (WFRPC) is preparing an application for the FY 2015 EPA Brownfields Assessment Grant Program. If awarded, this grant would be available for identification and assessment of brownfields sites throughout our region, making them eligible for clean-up and redevelopment. The grant funds would be used only for parties interested in pursuing brownfields identification and remediation. In order to have the best chances of receiving funding under this grant, the WFRPC needs to show support and commitment from partners throughout our seven county region, and we are requesting a letter of support for this purpose. Providing a signed letter of support for the WFRPC application would not obligate participation in the program, but may increase the WFRPC’s ability to receive the grant, and to provide funding to supporters who do want to participate. An additional factor in this year’s application process will be the commitments made by local agencies for activities such as helping to identify potential sites for assessment and redevelopment, to market the Brownfields program locally on your website or by posting information in offices, or to provide assistance in public outreach and involvement either through direct participation or in donating meeting spaces. Please include in your letter any commitment that you are able to make towards the success of this program. I am including a draft letter of support as an example. If you are willing to support the West Florida Regional Planning Council’s application for the FY 2015 EPA Brownfields Assessment Grant, please complete the letter on your letterhead, sign, and return a copy to the West Florida Regional Planning Council by December 12, 2015. This can be done by scanning and emailing a copy in a reply to this email. Please do not send the letter directly to the EPA, as it will need to be included in our application package to be considered. If you have any questions, please let me know. My contact information can be found at the bottom of this email. Packet Pg. 131 Thank you for your consideration, Kate Daniel Kate W. Daniel Regional Planner I West Florida Regional Planning Council 4081 E. Olive Road, Suite A Pensacola, FL 32514 P: 850.332.7976 x245 F: 850.637.1923 NOTICE: Email communications to or from West Florida Regional Planning Council employees are considered to be public records. Florida's public records law requires these communications be made available to the public and media upon request. (Florida Statutes, Chapter 119) Packet Pg. 132  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Renewal of OCT Building Lease DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Existing lease expires February 28, 2015. BACKGROUND: County entered into a lease with Okaloosa County Transit (OCT) for building lease which will expire February 28th, 2015. The building was constructed using Federal Transit funds and must be used for transit related activity. The current tenant, OCT, is the County's contracted transit provider. The proposed lease has been reviewed by the Purchasing and Risk Management departments as well as the County Attorney. RECOMMENDATIONS: Staff recommends the Board authorize the Chairman to sign the attached lease. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 133 Packet Pg. 134 Packet Pg. 135 Packet Pg. 136  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Okaloosa County Transit General Revenue Task Order 61 DEPARTMENT: Growth Management BCC DISTRICT: ALL STATEMENT OF ISSUE: The Department of Growth Management requests the Board to approve the attached task order with Okaloosa County Transit (OCT) for reimbursement of operating costs. BACKGROUND: Task Order No. 61 states that the County will reimburse OCT for operating costs for the operation of fixed route and paratransit service. The amount approved by the Board for the FY15 budget was $237,000 to support fixed route and paratransit service. Total operating costs for paratransit and fixed route service for FY15 is estimated to be $2.3 million. The balance of operating expenses will be supported by OCT, State and Federal sources. RECOMMENDATION: The Department of Growth Management recommends that the Board authorize the Chairman to sign the attached task order 61 for reimbursement of operating costs for fixed route and paratransit service to OCT. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 137 Packet Pg. 138 Packet Pg. 139 Packet Pg. 140  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Sheriff Larry Ashley, Sheriff's Office SUBJECT: Request Approval for Traffic Law Enforcement in Emerald Lakes The Emerald Lakes Property Owners Association, Inc requests the Board grant authority for the enforcement of traffic regulations on a privately maintained roadway pursuant to Florida State Statue 316.006. An attached memorandum of agreement outlines the provisions along with compensation plan for the enforcement actions. Packet Pg. 141 Packet Pg. 142 Packet Pg. 143 Packet Pg. 144 Packet Pg. 145 Packet Pg. 146 Packet Pg. 147 Packet Pg. 148 Packet Pg. 149 Packet Pg. 150 Packet Pg. 151 Packet Pg. 152 Packet Pg. 153 Packet Pg. 154 Packet Pg. 155  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Final Payment to Cathey Construction DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Seeking approval of final payment to Cathey Construction & Development, LLC for the Passenger Exit Control Lane System at Northwest Florida Regional Airport (VPS). BACKGROUND & ANALYSIS: The Board approved award of a contract to Cathey Construction & Development, LLC for the Passenger Exit Control Lane System on January 21, 2014. Construction was completed on September 29, 2014 and approval is requested for the final payment of $49,684.60. This will complete the total contract amount of $496,846. The work included all labor, equipment, and materials necessary to construct an electronic exit control system in the passenger lobby of the Northwest Florida Regional Airport. The work included construction of partitions and related components to create two exit lanes equipped with electronic detection and controls. The project also included Exit Anti-Flow Back System, electrical, and communication infrastructure to support the exit lane technology. The project was completed on-time and within budget. OPTIONS: Approve/Disapprove final payment to Cathey Construction & Development in the amount of $49,684.60. RECOMMENDATION: Staff recommends approval of final payment to Cathey Construction & Development in the amount of $49,684.60. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 156 Packet Pg. 157 Packet Pg. 158 Packet Pg. 159 Packet Pg. 160 Packet Pg. 161 Packet Pg. 162 Packet Pg. 163 Packet Pg. 164 Packet Pg. 165 Packet Pg. 166 Packet Pg. 167 Packet Pg. 168 Packet Pg. 169 Packet Pg. 170 Packet Pg. 171 Packet Pg. 172 Packet Pg. 173 Packet Pg. 174 Packet Pg. 175  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Contract for Administration of the Aircraft Rescue and Fire Fighting Station DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Requesting approval for Chairman to sign contract with AVCON for administration of the Aircraft Rescue & Firefighting Facility (ARFF) at the Northwest Florida Regional Airport (VPS). BACKGROUND & ANALYSIS: Contract negotiation was approved by the Board with AVCON to provide administration of the ARFF construction. The contract document has been prepared as is ready for the Chairman’s signature. The purpose of the contract is to provide additional design, re-bidding, construction administration and inspection services for the Eglin Air Force Base ARFF. The construction work is anticipated to extend for a period of 270 calendar days from the contractor’s notice to proceed to final completion. Total cost of the AVCON contract is $357,545. Northwest Florida Regional Airport encompasses a 130 acre lease hold through a Long-Term Lease and Joint-Use Agreement with the Department of Defense. Defined by the Federal Aviation Administration (FAA), Northwest Florida Regional Airport is a Class 1 Scheduled Service Airport, ARFF Index C and licensed as a Part 139 Commercial Service Airport. Operators of Part 139 Airports must provide ARFF services during air carrier operations. The airport is required to have an Airport Rescue Fire Fighting Facility with support as outlined in the Federal Airport Certification Regulation. FAA requirements are met or exceeded by the USAF through the Joint-Use Agreement. The ARFF will consist of approximately 8,000 square foot Airport Rescue and Firefighting Facility on a 4.5 acre leased parcel on Eglin Air Force Base. The ARFF will include truck bays with associated truck drive-through pavements, vehicular parking lot, utility and storm water management facilities. Eglin AFB will equip and man the County owned ARFF facility. On October 7, 2014 the Board approved to re-bid the ARFF project as a result of the low-bid contractor withdrawing his required payment and performance bonds. Upon approval, the ARFF design will be completed, the project will be advertised for competitive bids and a construction recommendation brought back to the Board for approval. The project is funded by the: FAA $2,743,526, Florida Department of Transportation $150,000, and Passenger Facility Charges $154,836, for a total of $3,048,362.00. OPTIONS: Approve/Disapprove authorization for the Chairman to sign the contract with Packet Pg. 176 AVCON for administration of the ARFF for total contract amount of $357,545. RECOMMENDATION: Staff recommends approval and authorization for the Chairman to sign the contract with AVCON for administration of the ARFF for a total contract amount of $357,545. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 177 Packet Pg. 178 Packet Pg. 179 Packet Pg. 180 Packet Pg. 181 Packet Pg. 182 Packet Pg. 183 Packet Pg. 184 Packet Pg. 185 Packet Pg. 186 Packet Pg. 187 Packet Pg. 188  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Contract for Administration of the Northwest Florida Regional Airport (VPS) Baggage Handling System DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Requesting approval for Chairman to sign contract with Michael Baker for architectural and engineering services for Northwest Florida Regional Airport (VPS) Baggage Handling System (BHS). BACKGROUND & ANALYSIS: Contract negotiation was approved by the Board with Michael Baker to provide professional architect/engineering services to administer and inspect third-party construction of the Northwest Florida Regional Airport (VPS) Baggage Handling System (BHS). The contract has been prepared and is ready for the Chairman’s signature. The total amount of the contract with Michael Baker is $570,651. In the continuing development, maintenance and expansion of the Northwest Florida Regional Airport , the Department of Homeland Security, Transportation Security Administration (TSA) and the airport desires to upgrade the BHS with an accelerated in-line system and explosives detection machines (EDS) to replace the existing conveyors and outdated equipment installed in 2004. The scope of work involves the phased construction of a mini-in line automated BHS/EDS system, including both temporary and permanent conveyors that will be automated and tied into the existing sloped baggage conveyors in the baggage make-up area. The goal is to provide a state-of- the-art system that will accelerate baggage screening, increase the capacity of the existing system, and reduce TSA personal labor costs. The Northwest Florida Regional Airport (VPS) is pursuing this project as a recapitalization, 100% funded by the Department of Homeland Security at $4,300,000. OPTIONS: Approve/Disapprove authorization for the Chairman to sign the contract with Michael Baker for architectural and engineering services for Northwest Florida Regional Airport (VPS) Baggage Handling System (BHS). RECOMMENDATION: Staff recommends authorization for the Chairman to sign the contract with Michael Baker for architectural and engineering services for Northwest Florida Regional Airport (VPS) Baggage Handling System (BHS). RECOMMENDED BY: APPROVED BY: Packet Pg. 189 RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 190 Packet Pg. 191 Packet Pg. 192 Packet Pg. 193 Packet Pg. 194 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 Packet Pg. 204 Packet Pg. 205 Packet Pg. 206 Packet Pg. 207 Packet Pg. 208 Packet Pg. 209 Packet Pg. 210 Packet Pg. 211 Packet Pg. 212  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Approval to Purchase Tractor for Solid Waste DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Seeking approval to purchase Kubota Tractor for Solid Waste (R1500008). BACKGROUND & ANALYSIS: The Solid Waste Division budgeted $65,000 for a farm tractor to replace an existing unit which was purchased in 1998. Triple D Equipment can provide a Kubota tractor as specified by the department for $54,416.56 per state contract (#760- 000-10-1). Purchasing staff has recently researched the prices available for similar equipment on state contract and found the prices to be competitive. Staff requests approval to purchase the tractor from Triple D Equipment for $54,516.56. Staff will process the requisition for a purchase order if/when the Board approves the purchase. OPTIONS: Approve/Disapprove purchasing a farm tractor from Triple D Equipment per state contract for $54,416.56 for the Solid Waste Division. RECOMMENDATION: Staff recommends approval of purchasing a farm tractor from Triple D Equipment per state contract for $54,416.56 for the Solid Waste Division. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 213 Packet Pg. 214 Packet Pg. 215 Packet Pg. 216 Packet Pg. 217 Packet Pg. 218 Packet Pg. 219  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Surplus Items to be Auctioned DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Purchasing seeks authorization from the Board to auction surplus items. BACKGROUND & ANALYSIS: The County has surplus items that are ready for disposal. (Itemized list attached.) Purchasing is seeking authorization from the Board to auction these items through our contracted auctioneer Global Enterprises (C14-2104-PUR). OPTIONS: Approve/Disapprove auction of surplus items through Global Enterprises. RECOMMENDATION: Staff recommends approving auction of surplus items. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 220  SURPLUS ITEMS TO BE AUCTIONED SUMBITTED FOR APPROVAL 12/8/14 Global Auction Inv # Item County Asset #/Serial # 27865 APC Replacement Battery Pack N/A 27866 (3) Metal Underdesk Keyboard Trays N/A 27867 Sanus On Wall Component Shelf & (2) Metal Underdesk Keyboard Trays N/A 27868 Vodavi Phone System w/ Voicemail 14958 27869 HP ScanJet 5590 Scanner N/A 27870 HP OfficeJet K80 All-In-One N/A 27871 (3) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27872 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27873 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27874 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27875 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27876 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27877 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27878 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27879 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27880 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27881 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27882 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27883 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27884 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27885 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27886 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27887 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27888 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27889 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27890 (4) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27891 (2) Tork Aluminum Toilet Paper Dispensers T2 System N/A 27892 Wooden 3 Drawer Desk N/A 27893 Wooden 5 Drawer Desk w/ Hutch N/A 27897 Norstar NT8B20AL-35 Telephone N/A 27898 (2) IDTech Keyboards w/ Magnetic Strip Reader N/A 27899 (11) DDR2 Desktop Computer RAM N/A 27900 (9) DDR Desktop Computer RAM N/A 27901 Fujitsu Fi-4120c Document Scanner 15327 27902 US Robotics 56k Fax/Modem 568E N/A 27903 HP LaserJet 3052 Network All-In-One N/A 27904 Fujitsu Fi-4530c Document Scanner 16413 27905 Fujitsu Fi-4530c Document Scanner 16061 27906 Fujitsu Fi-4530c Document Scanner 15571 27907 Fujitsu Fi-4530c Document Scanner 16414 27908 General Instruments Digital Satelite TV Receiver 4DTV 13528 27909 (2) APC UPS Systems N/A 27910 APC Smart-UPS 3000 N/A 27911 APC Smart-UPS 1400 N/A 27912 APC Smart-UPS 1000 N/A 27913 Dell EMC2 SAN System 14447 27914 HP ProLiant DL380 G5 Server ….40861 27915 HP ProLiant DL380 G5 Server ….408ED 27916 HP ProLiant DL380 G5 Server ….4057P 27917 HP ProLiant DL380 G5 Server ….4057R 27918 HP ProLiant DL380 G5 Server ….408E6 27919 (11) Assorted Cell Phones N/A 27920 Assorted Server Rack Parts N/A 27921 Digital Check Teller Scan TS4120 Check Reader 18988 27922 RKI Combustable Gas Monitor GX-86A 16693 27923 RKI Combustable Gas Monitor GX-86A 14512 27924 RKI Combustable Gas Monitor GX-86A 14880 27925 RKI Combustable Gas Monitor GX-86A 14852 27926 RKI Combustable Gas Monitor GX-86A 14246 27927 RKI Combustable Gas Monitor GX-86A 9794 27928 RKI Combustable Gas Monitor GX-86A 11085 27929 RKI Combustable Gas Monitor GX-86A 13714 27930 RKI Combustable Gas Monitor GX-86A 15268 27931 RKI Combustable Gas Monitor GX-86A 15869 27932 RKI Combustable Gas Monitor GX-86A 14853 Packet Pg. 221 27933 (2) Plastic Rolling CPU Stands N/A 27934 (2) Plastic Rolling CPU Stands N/A 27935 (2) Plastic Rolling CPU Stands N/A 27936 Sony 4000watt APS-161 Power Supply N/A 27937 Best Ferrups UPS System FE Series 11160 27938 HP DesignJet 4000 Large Format Printer 17317 27939 Boone White Board Easel N/A 27940 Rolling Stool N/A 27941 Metal Rack N/A 27942 Metal Rolling Printer Stand N/A 27943 Meilink Safe on Wheels 7050 27944 Honda EM5000s Generator ….5887 27945 Honda EM5000s Generator 6385 27946 Sharp Digital Imager AR-BC320 17206 27947 Kip 2050 Large Format Image Scanner 15298 27948 Metal Flat Screen TV Pedestal Mount N/A 27949 (4) Rolling Office Chairs N/A 27950 (18) Rolling Office Chairs N/A 27951 (4) Office Chairs N/A 24964 Dell USB Fingerprint Reader WH177 N/A 27796 HP Laserjet P1102W Wifi Printer N/A 27797 Sharp F0-445O Document Communication System N/A 27798 HP LaserJet 3052 Network Print, Scan, and Copy P0525 27799 Canon Image Class D420 Copy, and Scan Machine N/A 27800 HP LaserJet 2300D P0015 27801 HP LaserJet P2035N Network Printer N/A 27802 HP LaserJet P2035N Network Printer N/A 27803 HP LaserJet P2035N Network Printer N/A 27804 HP LaserJet P2035N Network Printer N/A 27805 HP LaserJet P2035N Network Printer N/A 27806 HP LaserJet P2035N Printer N/A 27807 HP Laserjet P1102W Wifi Printer N/A 27808 HP LaserJet 3052 Print, Scan, and Copy P0514 27809 HP LaserJet 4000tn has Jetdirect 6000n Ethernet Card 13042 27810 (10) Dell 19" LCD Moniters N/A 27811 (10) Dell 19" LCD Moniters N/A 27812 (9) Assortied LCD Moniters N/A 27813 Epson LX-300t Dot Matrix Printer N/A 27814 Zebra TLP 2844 Lable Printer N/A 27815 Philips Divar Digital Versital Recorder N/A 27816 HP LaserJet 6P N/A 27817 HP Pro Curve 24 Port Switch N/A 27818 Canon Laser Toner Cartridge No 104 N/A 27819 Oki Microline 490 Dot Matric Printer N/A 27820 Brother Intelli Fax 4100 N/A 27821 Coby 19" LCD TV N/A 27822 HP ScanJet G4010 P0217 27823 HP ScanJet G4010 P0218 27824 General Insterment Satilite Reciver N/A 27825 HP LaserJet 4350tn Network Printer 15470 27826 HP ScanJet 5590 P0240 27827 Zebra TLP 2844 Lable Printer LP00015 27828 Zebra TLP 2844 Lable Printer P00194 27829 Zebra TLP 2844 Lable Printer P00195 27830 Zebra TLP 2844 Lable Printer P00198 27831 (2) APC Back-UPS ES725 N/A 27832 HP LaserJet 2300D P0532 27833 HP LaserJetP2015DN Network P0156 27834 HP LaserJet 1012 P0506 27835 HP Color LaserJet 2605DB Network Printer N/A 27836 DaWolt Cordless Drill DC927 N/A 27837 Smartview Intelligent KBM Switch IC-714-1 N/A 27838 Adtron TI CSU ACE Modems N/A 27839 3Com Office Connect Dual Speed 8 Port Switch N/A 27840 HP LaserJet 2300L Printer N/A 27841 HP LaserJet 2300D N/A 27842 Dell Latitude e6500 Laptop Computer Hnm34J1 27843 Dell Latitude e6500 Laptop Computer FNM34J1 27844 Dell Latitude e6500 Laptop Computer Cnm34J1 27845 Dell Latitude e6500 Laptop Computer 1PM34JI 27846 Dell Latitude e6500 Laptop Computer Jnm34J1 27847 Dell Latitude e6500 Laptop Computer 18872 Packet Pg. 222 27848 Dell Latitude e6500 Laptop Computer 16931 27849 Dell Latitude e6500 Laptop Computer 18930 27850 Dell Latitude e6500 Laptop Computer 18849 27851 Dell Latitude e6500 Laptop Computer 18920 27852 Dell Latitude e6500 Laptop Computer 18922 27853 (8) Vodabi 2701 Telephone New in Box N/A 27854 (8) Vodabi 2701 Telephone New in Box N/A 27855 (8) Vodabi 2701 Telephone New in Box N/A 27856 (8) Vodabi 2701 Telephone New in Box N/A 27857 (8) Vodabi 2701 Telephone New in Box N/A 27858 (8) Vodabi 2701 Telephone New in Box N/A 27859 (8) Vodabi 2701 Telephone New in Box N/A 27860 (13) Vodabi 2701 Telephones Black N/A 27861 (2) Vodabi 30 Button Attendent 301571 Phones N/A 27862 (8) Vodabi 3012-7" Phones N/A 27863 (8) Vodabi 3012-7" Phones N/A 27864 (4) Vodabi 3012-7" Phones N/A 24763 APC SURT10000XLT Smart UPS 17957 24932 Ricoh SR960 Multi Tray Finisher _1198 24933 Savin C3528 Photocopier 16709 24934 Savin 2535 Copier and Ricoh SR960 Multi Tray Finisher 13951 24935 Savin C2408 Copier 15628 24937 Dell Optiplex GX520 Desktop Computer 15702 24938 Dell Optiplex GX520 Desktop Computer 16850 24939 Dell Poweredge 2850 Server 16458 24940 Dell Poweredge 2850 Server 16902 24941 Dell Poweredge 2850 Server 16457 24942 Dell Poweredge 2850 Server 16901 24943 Dell Poweredge 2950 Server 17405 24944 Dell Poweredge 2850 Server _MR71 24945 Cisco 4400 Series Wireless Lan Controller 17291 24946 3COM 24 Port Switch 14363 24947 APC Smart-UPS 2000XL with battery pack 11820 24948 Assorted Dell server pull-out rollers and face protecters NA 24949 Savin SP C221n Printer _.1867 24950 Dell Fingerprint Reader New in Box CN-OWH177-71581-648-007Q 24951 Cisco Aironet 1000 Series Lightweight Access Points (7) with mounting accessories N/A 24952 APC Smart-UPS 750VA USB & Serial RM 1U 120V AS0704220083 24953 (2) Multisync LCD 1770VX Monitors 903014 24954 Dell 20" LCD Monitor Model 2007FPb E1NAL-A05 24955 Dell Rack Kit For Server N/A 24956 Spent Bullet Shell Casings N/A 24957 Spent Bullet Shell Casings N/A 24958 Spent Bullet Shell Casings N/A 24959 Dell Poweredge 2900 Server 17946 24960 Spent Bullet Shell Casings N/A 24961 Spent Bullet Shell Casings in Bucket N/A 24962 (2) Adapco, INC. Outdoor Electronics Controld Housing N/A 24963 Dell USB Fingerprint Reader FP-61001 N/A 24965 NRP National Refrigeration Products Refrigerant Recovery Unit 9160 24966 Dell Latitude ATG D620 Laptop Computer 17915 24971 Dell Powervault 100T Tape Drive 16034 24972 (2) Digital Check TellerScan 4120 18989:18988 Packet Pg. 223 24974 (8) Assorted Books N/A 24975 (19) Assorted Books N/A 24976 (15) Children's Books N/A 24977 (29) Assorted Books and (1) DVD N/A 24978 (19) Assorted Books N/A 24979 (16) Assorted Books N/A 24980 (19) Assorted Books N/A 24981 (14) Assorted Books N/A 24982 (24) Assorted Books and (7) DVD's N/A 24983 (33) Assorted Books N/A 24984 (2) Metal Adjustable Keyboard Trays N/A 24895 Framed St. Louis Rams Poster N/A 24896 Particle Board Cabinet N/A 24897 Toshiba E Studio 350 Photocopier …3177 24898 St. Louis, Missouri Framed Poster N/A 24899 Dixie-Narco DNCB 180/105-5 Vending Machine N/A 24900 APC RBC43 Replacement Battery Cartridge …0356 24901 APC SU 1400/1500 Replacement Battery N/A 24902 (2) Plywood Bookcases N/A 24903 Indiana Furniture Particle Board Desk N/A 24904 Indiana Furniture Particle Board Desk N/A Packet Pg. 224  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: Crestview Sidewalk Improvements (Design LAP) DEPARTMENT: Public Works BCC DISTRICT: 1 STATEMENT OF ISSUE: The Florida Department of Transportation (FDOT) has issued a LAP Agreement to Okaloosa County in the amount of $30,000.00 for design of sidewalk improvements at three locations in Crestview. Design must be completed by October 30, 2015. There is no funding match required by Okaloosa County with this Agreement. BACKGROUND AND ANALYSIS: The Crestview Sidewalk Improvements Project was previously submitted for funding consideration by the City of Crestview to the West Florida Regional Planning Council’s Transportation Enhancement Program. Due to Local Agency Program (LAP) Certification, Okaloosa County Public Works has agreed to manage and administer the project for the City of Crestview. The total project length is approximately 4,240 feet. The location and project limits for the three sites are as follows: • Sidewalk along the north side of Aplin Road from SR 85 to Rayburn Street for a distance of approximately 1,240 feet. • Sidewalk along the south side of North Avenue from Anderson Street to Medley Drive for a distance of approximately 1,575 feet. • Sidewalk along the north side of Long Drive from SR 85 to Bent Creek Road for a distance of approximately 1,425 feet. OPTIONS: Approve/Disapprove execution of the LAP Agreement and all future grant 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 all future grant 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). . Packet Pg. 225 RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 226  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 SPECIFICATIONS AND LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES OGC– 10/14 Page 1 FPN: 430038-2-38-01 Fund: SL 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: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No:57 (Okaloosa) Contract No: Vendor No: F596000765092 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 the Crestview Sidewalk Project 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 the 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 Packet Pg. 227  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 SPECIFICATIONS AND LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES OGC– 10/14 Page 2 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. 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 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 December 31, 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 $ 30,000. 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. Packet Pg. 228  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 SPECIFICATIONS AND LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES OGC– 10/14 Page 3 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: "(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 execution of a LAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon determination of the agency’s contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. 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 Packet Pg. 229  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 SPECIFICATIONS AND LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES OGC– 10/14 Page 4 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. 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 Packet Pg. 230  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 SPECIFICATIONS AND LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES OGC– 10/14 Page 5 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. 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): Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), 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 Packet Pg. 231  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 SPECIFICATIONS AND LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES OGC– 10/14 Page 6 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: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us 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: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us 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): Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us 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): Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us 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- Packet Pg. 232  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 SPECIFICATIONS AND LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES OGC– 10/14 Page 7 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) unless the records are exempt. 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; Packet Pg. 233  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 SPECIFICATIONS AND LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES OGC– 10/14 Page 8 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: 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: Packet Pg. 234  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 SPECIFICATIONS AND LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES OGC– 10/14 Page 9 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 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, 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 Packet Pg. 235  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 SPECIFICATIONS AND LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES OGC– 10/14 Page 10 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 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. Packet Pg. 236  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 SPECIFICATIONS AND LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES OGC– 10/14 Page 11 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: 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. Packet Pg. 237  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 SPECIFICATIONS AND LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES OGC– 10/14 Page 12 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 if 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 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. Packet Pg. 238  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 SPECIFICATIONS AND LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES OGC– 10/14 Page 13 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. 239  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 SPECIFICATIONS AND LOCAL AGENCY PROGRAM AGREEMENT ESTIMATES OGC– 10/14 Page 14 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. 240  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT 08/06 Page 15 EXHIBIT “A” PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 430038-2-38-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Okaloosa County B.O.C.C. 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 project is for the design of the Crestview Sidewalk Project. The areas included in this project are as follows: 1) Aplin Road - From State Road 85 to Rayburn Street, 2) North Avenue - From Anderson Street to Medley Drive 3) Long Drive – From State Road 85 to Bent Creek Road 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 is required to provide a copy of the design plans for the Department’s review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency will upload all relevant documentation related to this project into the Department’s Local Agency Program Information Tool (LAPIT) System. 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) Plans Submittal of 60% by June 2015. b) Plans Submittal of 90% by August 2015. c) Design (plans and bid documents) to be completed by October 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. The project will be designed within existing right of way and 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 construction and CEI not to exceed $30,000. Packet Pg. 241  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT 09/11 Page 16 EXHIBIT “B” SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 430038-2-38-01 Okaloosa County B.O.C.C. 302 N. Wilson Street, Ste 203 Crestview, Fl 32536 PROJECT DESCRIPTION Name: Crestview Sidewalk Project Length: 0.750 miles Termini: Aplin Road – From SR 85 to Rayburn St.; North Ave – From Anderson St. to Medley Dr.; Long Dr – From SR 85 to Bent Creek Rd FUNDING (1) (2) (3) TOTAL AGENCY STATE & TYPE OF WORK By Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS Planning FY: FY: FY: Total Planning Cost Project Development & Environment (PD&E) FY: FY: FY: Total PD&E Cost Design FY: 2015 $30,000.00 $0.00 $30,000.00 FY: 2016 FY: 2017 Total Design Cost $30,000.00 $0.00 $30,000.00 Right-of-Way FY: FY: FY: Total Right-of-Way Cost Construction FY: FY: 2016 FY: 2017 FY: 2018 Total Construction Cost Construction Engineering and Inspection (CEI) FY: 2015 FY: 2016 FY: 2017 Total CEI Cost Total Construction and CEI Costs TOTAL COST OF THE PROJECT $30,000.00 $0.00 $30,000.00 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. 242  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT 07/09 Page 17 EXHIBIT “C” RESTRICTION ON CONSULTANT’S ELIGIBILITY TO COMPETE FOR DEPARTMENT ASSISTED CONTRACTS FPN: 430038-2-38-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Okalooa 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. 243  STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 PRODUCTION SUPPORT LOCAL AGENCY PROGRAM AGREEMENT 08/06 Page 18 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 430038-2-38-01......................................................................................................... $30,000.00 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 Federal 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. 244  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 Crestview Sidewalk Improvements LAP Project FPID: 430038-2-38-01 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. 245 Packet Pg. 246  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: Amend Resolution 14-77 DEPARTMENT: Public Works BCC DISTRICT: 5 STATEMENT OF ISSUE: Mr. Bryan McAliley of Randy Wise Homes, as designated representative for Stephen Kennedy and Matthew Smith-Kennedy, is petitioning the Board of County Commissioners to amend Resolution 14-77 which vacated 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. Bryan McAliley is petitioning the Board of County Commissioners to amend resolution 14-77 which vacated a portion of Nutmeg Avenue adjacent to property owned by Stephen and Matthew Kennedy. The amending of Resolution 14-77 would facilitate enough useable land to build two single family dwellings. At present time there are two parcels (originally 3 platted lots) contiguous to the east half of the vacated right-of-way and typically the County planning department would allow "lot line relocations" for similar parcels. A lot line relocation would allow an owner to relocate the lot line of a set of parcels, typically 90 degrees, providing greater utility for the parcels. This is especially common in this case where each of the parcels contain some wetlands to the east, which limit the utility of these properties. The future intentions in the use of these parcels is to request a lot line relocation and with the relocation granted, it would lessen the intensity upon the easement/vacation, thereby limiting any issues by containing it to a single continuous parcel. Presently the properties are under contract to sell to a local builder, Randy Wise Homes, Inc., who ultimately plans on constructing two new single family homes both of which would front along 18th Street gaining use of currently existing water and sewer utilities. Randy Wise Homes, Inc. has provided a letter from the water and sewer provider indicating it can provide water and sewer services to the parcels with a lot line relocation. Currently the buyer/builder does not deem the properties acceptable for the construction of two new single family homes due to lot orientation, the existence of the wetlands and the full width utility easement restrictions on the properties. OPTIONS: Approve/Disapprove the scheduling of a Public Hearing January 20, 2015 petitioner request to amend resolution 14-77 to modify the terms of stipulation No. 2 and remove stipulations 1, 3, and 4. RECOMMENDATIONS: Approve the scheduling of the Public Hearing to amend resolution 14-77 to modify the terms of stipulation No. 2 and removing stipulations 1, 3, and 4 from that Packet Pg. 247 resolution. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 248 Packet Pg. 249 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: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Kay Godwin SUBJECT: Vision Insurance Policy Amendment - Standard Ins. Co. DEPARTMENT: Human Resources BCC DISTRICT: STATEMENT OF ISSUE: Request approval of amendment to optional vision insurance policy with Standard Insurance Company. BACKGROUND: To ensure compliance with new Federal health care laws, on June 17, 2014, the Board approved a change to the employee waiting period for insurance from the first of the month following 90 days of employment to the first of the month following 30 days of employment. For ease of administration, we are making the waiting periods consistent for all group insurance products effective October 1, 2014. Standard Insurance requires a signed amendment to update the waiting period for their policy. The vision insurance premiums are paid entirely by employees with no cost to the county, and it is completely optional. The Vision contract was renewed by the Board on August 5, 2014. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Authorize the Chairman to sign the contract amendment for the Standard Insurance vision policy to change the waiting period from the first of the month following 90 days, to the first of the month following 30 days of employment. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 259 Packet Pg. 260  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: PARADISE CLEANING SERVICES - NEW ODDFELLOW LEASE DEPARTMENT: Water and Sewer BCC DISTRICT: ALL STATEMENT OF ISSUE: Staff requests BCC Approval of a new lease on Unit 1310-E Oddfellow Road. The new lease would be between Okaloosa County Water & Sewer and Paradise Cleaning Services, Brandi Bingham. This unit is located in a building owned by Okaloosa County Water & Sewer on Oddfellow Road. The rear of the building abuts the west side of the back parking lot of the Water & Sewer administration building. BACKGROUND: Okaloosa County Water & Sewer purchased the building on the east side of Oddfellow Road in 2006, and currently has four tenants whose lease payments total $22,566.00 annually. We have made a notice to the public generally that space is available. This is a lease with a new tenant for the standard one year term with the option to extend for two additional years. A copy of the lease is attached. The annual rent for this lease will be $5,088.00, payable as 12-$424.00 monthly payments. OPTIONS: Approve or deny. RECOMMENDATIONS: Staff recommends approval by the BCC to authorize the Chairman to execute the Lease Agreement with Paradise Cleaning Services, Brandi Bingham. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 261 Packet Pg. 262 Packet Pg. 263 Packet Pg. 264 Packet Pg. 265 Packet Pg. 266 Packet Pg. 267 Packet Pg. 268 Packet Pg. 269 Packet Pg. 270 Packet Pg. 271  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: HEND-RX NUTRITION & LABORATORIES - NEW ODDFELLOW LEASE DEPARTMENT: Water and Sewer BCC DISTRICT: ALL STATEMENT OF ISSUE: Staff requests BCC Approval of a new lease on Unit 1310-D Oddfellow Road. The new lease would be between Okaloosa County Water & Sewer and Hend- Rx Nutrition & Laboratories, Garry Hendricks. This unit is located in a building owned by Okaloosa County Water & Sewer on Oddfellow Road. The building abuts the west side of the rear parking lot of the Water & Sewer administration building. BACKGROUND: Okaloosa County Water & Sewer purchased the building on the east side of Oddfellow Road in 2006, and currently has four tenants whose payments total $22,566.00 annually. We have made a notice to the public generally that space is available. This is a lease with a new tenant for the standard one year term with the option to extend for two additional years. A copy of the lease is attached. The annual rent for this lease will be $5,088.00, payable as 12-$424.00 monthly payments. OPTIONS: Approve or deny. RECOMMENDATIONS: Staff recommends approval by the BCC to authorize the Chairman to execute the Lease Agreement with Hend- Rx Nutrition & Laboratories, Garry Hendricks. . RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 272 Packet Pg. 273 Packet Pg. 274 Packet Pg. 275 Packet Pg. 276 Packet Pg. 277 Packet Pg. 278 Packet Pg. 279 Packet Pg. 280 Packet Pg. 281 Packet Pg. 282  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Layne Christensen Company Change Order #5 for Del Cerro II Well DEPARTMENT: Water and Sewer BCC DISTRICT: 1 STATEMENT OF ISSUE: Approve Change Order #5 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. Due to unforeseen site conditions, four (4) change orders have been executed on this contract to date, which now make the total contract amount $1,065,805, with a final completion date of December 11, 2014. The change orders stem from the water bearing formation exhibiting a lower yield and sand. The change orders can generally be described as follows: 1) extended test pumping, 2) surface casing issues, 3) gravel pack (filter) and screen installation, and 4) pump discharge column size and building modifications. The project is now on track and the well itself below ground has been completed. With the additional work authorized by the change orders mentioned above, the yield and sand issues have been remedied. The contractor is now working on finishing out the well building. In the process of constructing the building, several delays have occurred because of longer than anticipated delivery times and more complicated submittal reviews (because of the building being modified). OCWS staff and engineers have reviewed the request for a 55-day extension, and we believe it is fair and reasonable. The new final completion date will be February 4, 2015. OPTIONS: Approve or deny. RECOMMENDATION: OCWS requests BCC approval to authorize the Chairman to execute Change Order #5 with Layne Christensen Company on Contract #C13-2026-WS for the Del Cerro II Public Water Supply Well, which adds 55 days to both the Substantial Completion and Final Completion dates. RECOMMENDED BY: Packet Pg. 283 APPROVED BY: John Hofstad, County Administrator Packet Pg. 284 Packet Pg. 285 Packet Pg. 286  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Larry Williams SUBJECT: New Staffing Plan for Okaloosa Extension DEPARTMENT: County Extension BCC DISTRICT: All STATEMENT OF ISSUE: Request approval to add one (1) County Extension Agent position to County Extension as part of a new cooperative staffing plan agreement between the University of Florida and Okaloosa and Walton counties. BACKGROUND: During the summer of 2014, Walton County had an open Agriculture Extension Agent position and Okaloosa County had an open Family & Consumer Sciences (FCS) Extension Agent position. A new cooperative staffing plan was discussed that involves the Agriculture Extension Agent position becoming a multicounty agent position for Walton/Okaloosa and the FCS Extension Agent position becoming a multicounty agent position for Okaloosa/Walton. There would be no additional cost in salary for Okaloosa or Walton with this change in that each county will be splitting the county portion of the 2 positions instead of providing 100% of the county portion of only one of these positions (as it was prior to the new staffing plan). For clarification, instead of a 60%/40% split (University/Okaloosa County) for one position, we would share 2 positions with a 60%/20%/20% split in funding (University/Okaloosa County/Walton County). Through an existing cooperative agreement with the University, health insurance, leave time, and most benefits are paid solely by the University. According to Okaloosa County Human Resources Policy, Chapter V - Classification Plan, Section F - Position Control: “All positions in the County are established and maintained through a budget each fiscal year in accordance with established budget and accounting procedures. The establishment of additional positions not approved through the budget process shall be coordinated through the Human Resources Department and will be accomplished at the discretion of the County Administrator upon approval of the Board. Changes to position allocations that do not result in an increase in the current approved budget of a department may be authorized by the County Administrator.” While this change in the staffing plan was discussed and conceptually approved in a July, 2014 meeting between County and University officials, the details were not transferred to the budget process for the Board’s approval. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve adding one (1) County Extension Agent position to the Okaloosa County Extension department. Packet Pg. 287 RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 288  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Paul Lawson SUBJECT: Jail Door Control Systems Replacement DEPARTMENT: Corrections BCC DISTRICT: ALL STATEMENT OF ISSUE: The Department of Corrections requests that the Board award the bid for the replacement of storm damaged electronic door control systems and the connected video and intercom systems to Willo Products in the amount of $195,486.00, they being the low bidder meeting specifications. BACKGROUND: During the storm of April 30, 2014, the Okaloosa County Department of Corrections suffered severe lightning damage that crippled electronic door control systems and the connected video and intercom systems beyond repair. On August 5, 2014, the Board committed to fund the project in the FY15 Capital Outlay budget, authorized the Department of Corrections to proceed with the request for bids and established a selection committee. Subsequently, a request for bids was issued. Three (3) vendors submitted bids for the project. The Selection Committee recommends that the bid be awarded to the low bidder, Willo Products. Funding is available in Capital Outlay and we anticipate partial reimbursement from FEMA. If approved, a contract will be presented at the next regular Board meeting for approval. OPTIONS: Award Reject RECOMMENDATIONS: The Department of Corrections recommends awarding the bid to Willo Products. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 289  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: August 5, 2014 TO: Honorable Chairman and Members of the Board FROM: Paul Lawson SUBJECT: Jail Door Control Systems DEPARTMENT: Corrections BCC DISTRICT: STATEMENT OF ISSUE: During the storm on April 30, 2014, the Okaloosa County Department of Corrections suffered severe lightening damage that crippled our electronic door control systems and the connected video and intercom systems. We request authorization to issue a request for bids to replace this system. Preliminary estimates place the value of the project at $300,000.00. BACKGROUND: Facility Maintenance Technicians have been able to restore limited function of the systems by taking from their remaining stock of chips and cards. As of the current date, they have not been able to restore the system to pre-disaster condition nor does it appear that they will be able to do so. These systems depend on sophisticated interface cards, programmable controllers, and modules which are obsolete and no longer available. Further failure of this system would pose significant life safety concerns. Department of corrections staff have been engaged with Florida Department of Management Services and Federal Emergency Management Administration staff to pursue reimbursement for the project once it is complete. We request that the Board commit to funding the project in the FY15 Capital Outlay budget, authorize the Department of Corrections to proceed with the request for bids and establish a selection committee to include Purchasing Manager Jack Allen, Electrical Supervisor Neil Redmond, Corrections Lieutenant April McQueen and Corrections Captain Stefan Vaughn. OPTIONS: Approve Disapprove RECOMMENDATIONS: Approve RECOMMENDED BY: Packet Pg. 290 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 291  BID SHEET REPLACEMENT OF DOOR CONTROL, INTERCOM, AND CCTV SYSTEM FOR THE OKALOOSA COUNTY JAIL Due Date: November 12, 2014 at 2:30pm BID #: RFB COR 81-14 ITEM #1 ITEM #2 ITEM #3 ITEM #4 ITEM #5 COST # of DAYS TOTAL COST Replacement of Door Replacement of Replacement of CCTV Estimated to Estimated to VENDOR Control System Intercom System System Start Work Complete Work Security 101 $124,867.06 $58,447.06 $35,981.00 $219,295.12 56 30 Willo Products Co. $106,137.00 $49,680.00 $39,669.00 $195,486.00 56 28 Willo Products Co. $106,137.00 $49,680.00 $32,377.00 $188,194.00 26 28 (Bid #2) Argyle Security d/b/a $277,184.00 $108,692.00 $183,733.00 $569,609.00 90 270 Com-Tec Security Signature Packet Pg. 292  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Bluewater Bay Curacao Bay/Southwind Drive HMGP Application DEPARTMENT: Growth Management BCC DISTRICT: District 5 - Commissioner Windes STATEMENT OF ISSUE: The Bluewater Bay Municipal Service Benefit Unit seeks to submit an application to the Florida Division of Emergency Management to receive federal Hazard Mitigation Grant Program (HMGP) funds to repair a stormwater system damaged during the April 2014 flooding, and to enhance the system to the extent possible to alleviate future flooding. However, because the HMGP limits applicants to local governments, Indian tribes, and non-profit agencies, the application must be submitted by the County. The application deadline is January 6, 2015. If the FDEM approves the application, a subsequent contract will be brought back to the Board of County Commissioners for approval. It will take several weeks following the application deadline before the County knows whether the application will be approved. BACKGROUND: The Florida Division of Emergency Management administers the Hazard Mitigation Grant Program which is funded through the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The objectives of the Hazard Mitigation Grant Program are: 1) To prevent future losses of lives and damage to property due to disasters; 2) To implement state or local hazard mitigation plans; 3) To enable mitigation measures to be implemented during immediate recovery from a disaster; and 4) To provide funding for previously identified mitigation measures that benefit the disaster area. The current funds come as the result of the April 2014 storm event. The proposed Bluewater Bay MSBU project, as described more fully in the attached documents, includes 4 phases: 1) conducting a topographic survey and hydraulic study of an approximately 350 acre portion of the Bluewater community to confirm the boundaries of the affected drainage basin, locate the infrastructure, detail the drainage features, and identify the necessary repairs; 2) design and obtain permits for repairs and improvements to the system; 3) bid and retain qualified contractors to perform the required work; and 4) actual construction and completion of the project. To ensure conformity with County requirements, the MSBU proposes to use County staff to assist with the preparation of bidding and construction documents; the value of staff time would be in-kind service and used as part of the local match required as discussed, below. The total project cost through completion is estimated at $399,465 for which there is a 25% local match requirement. To provide this match, the MSBU proposes to provide $6,500 which, along with $5,000 each from the Bluewater Bay Resort and Homeowners Association, will be added to the estimated $83,366.25 worth of staff time anticipated for this project (see HMGP Application Attachment C). As shown in the application, the MSBU will serve as the point of contact for this project which will be managed by a private contractor retained by the MSBU who will serve as the agent. Packet Pg. 293 However, because the County is the applicant, it will be necessary to enter into an agreement to formalize the relationship and responsibilities of the County and MSBU in administering the grant as the project proceeds. Fortunately, though the deadline is January 6, it will take several weeks for the application to go through the review process; it is during this time that such an agreement would be developed. It should be noted that the proposed project includes work in County rights-of-way and easements maintained by the County. Since public property is involved, it is necessary for the Chairman to sign the Maintenance Agreement which is included as Section V of the attached application. In addition to the various maps and other attachments, the application must be accompanied by a letter from the Local Mitigation Strategy (LMS) Committee endorsing the project and verifying that the project is consistent with the LMS and included on the LMS project list. During its regular meeting of December 10, 2014, the LMS Committee added the project to the project list and authorized the sending of the attached letter. Finally, though the application and accompanying materials attached to this agenda summary are complete, some minor modifications may be necessary prior to submittal to FDEM. For this reason, staff recommends that the project as submitted to FDEM be placed on the January 6, 2015 BCC agenda for re-approval. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners authorize the Bluewater Bay MSBU to submit the attached Bluewater Bay MSBU Curacao Way/Southwind Drive Drainage Project HMGP Application to the Florida Division of Emergency Management, and authorize the Chairman of the Board of County Commissioners to sign the Maintenance Agreement which is Section V of application as well as the attached transmittal letter. Staff also recommends that acceptance of a contract with the FDEM resulting from this application be conditioned upon the County and Bluewater Bay MSBU entering into a written agreement which specifies the duties and responsibilities of the MSBU and County in the administration of the grant and execution of the project. Finally, staff recommends that this application be approved with the condition that it be brought back to the Board of County Commissioners during its meeting of January 6, 2015, so that any modifications may be noted and approved. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 294 Packet Pg. 295 Packet Pg. 296 Packet Pg. 297 Packet Pg. 298 Packet Pg. 299 Packet Pg. 300 Packet Pg. 301 Packet Pg. 302 Packet Pg. 303 Packet Pg. 304 Packet Pg. 305 Packet Pg. 306 Packet Pg. 307  ATTACHMENT A Curacoa Way/Southwind Drive Flood Mitigation Program Bluewater Bay Municipal Services Benefit Unit (MSBU) Okaloosa County, Florida December 2014 PROJECT NARRATIVE On the night of April 29, 2014 and extending into the next morning, northwest Florida experienced a rare storm event resulting in significant flood damage. Some areas received well over one‐foot of rain and many roads and other infrastructure improvements were compromised by the resulting stormwater runoff. A federal emergency declaration was issued for the region: FEMA‐4177‐DR‐FL. Okaloosa County experienced widespread damage, including significant flooding in the Bluewater Bay neighborhood. Bluewater Bay is an unincorporated residential development located in Okaloosa County east of the Niceville city limits. The Bluewater Bay Municipal Services Benefit Unit (MSBU) is a local subdivision of Okaloosa County formed to facilitate maintenance of common areas within the MSBU limits. A portion of an approximately 350‐acre stormwater drainage basin within the Bluewater Bay MSBU limits includes a stormwater pond that rose to unprecedented levels during that storm event and flooded many of the 23 single‐family homes surrounding the pond. The stormwater pond is bordered by Southwind Drive, Dominica Way, Aruba Way and Curacao Way. Upstream from the pond was an existing earth berm adjacent to Hole #7 on the Bluewater Bay Lake Course. The earth berm was breached and failed during the storm and the existing pipes below Curacao Way appeared to be inadequate for discharging the volumes of water in the pond. These factors may have contributed to unprecedented stormwater volume in the pond and the possible compromise of the pavement at the Southwind Drive pipe crossing. Flood waters touched 20 of the 22 homes bordering the pond, with the first floor living areas of two of these homes becoming completely submerged. Following the storm event of April 29/30, many of the homes have continued to be threatened with similar recurring flooding during storms of much less intensity. It is clear the stormwater drainage system no longer provides the same performance as originally designed. Flood waters touched 20 of the 22 homes bordering the pond. The first floor living areas of two of these homes were completely submerged. 1 Packet Pg. 308 To repair the stormwater drainage system and to mitigate the possibility for future flooding, Okaloosa County is considering the following four‐phase approach: 1. Topographic Survey and Hydraulic Study: A topographic survey of the drainage basin is necessary to confirm the basin boundaries, pipe invert elevations, inlet top elevations, and other drainage features. The drainage basin contributing to the pond is estimated to measure approximately 350 acres. The hydraulic study will include a complete inventory of the drainage basin, identification of stormwater runoff characteristics from high‐intensity storm events, and modeling of the drainage basin using AdICPR software. The study will result in a comprehensive assessment of the drainage basin, including the identification of deficiencies associated with the assumed storm events. The model will also consider any tailwater impacts on the system resulting from the water levels at the basin outfall, just south of Curacao Way. The study will culminate in recommended improvements to the drainage system to mitigate future flooding. 2. Design and Permitting Services: Based on the recommendations of the hydraulic study, design phase services will include the development of professionally certified bidding/construction documents to implement infrastructure repairs with hazard mitigation improvements as needed. These services will also include coordination and applicable permitting with the Northwest Florida Water Management District (NWFWMD) and the Florida Department of Environmental Protection (FDEP). In addition, the permitting services are anticipated to include the services of a certified biologist to consider the removal of existing beaver dams downstream from the outfall location if needed. It is commonly assumed that the tailwater conditions could be improved with the elimination of the dams constructed in upper reaches of Grass Lake. 3. Bidding and Construction Phase Services: The bidding phase services will include professional assistance to the County in procuring qualified suppliers through applicable County and federal procurement processes to provide the construction materials. Construction phase services will include independent administration of the construction work to monitor compliance with the construction documents and to professionally certify the work completed. Limited inspection services are proposed to monitor the installation of pipes and other underground improvements prior to backfilling. 4. Construction: The construction activities are expected to include a series of pipe replacement improvements in four separate locations. The work will include removal of existing pipe and drainage structures as necessary, followed by the installation of new reinforced concrete pipes and inlets consistent with the recommendations of the hydraulic study. The work will include three road crossings (i.e. Southwind Drive, Curacao Way, and Woodlands Drive) where the asphalt section will be cut and replaced to facilitate the new pipe installation. Okaloosa County staff will provide in‐kind assistance in performing the labor required by the construction documents. The value of their in‐kind assistance will contribute to the local share for this project. 2 Packet Pg. 309 1 ST ATE 2 RO AD 20 9 3 R B L VD WA T E BLUE DRI V E 2 4 D 8 W I N 3 SOUTH FAILED DAM 5 D ROA 4 7 6 OINT TE P WHI ARUBA WAY AY A Y W W A O 1 A AC C R I U IN C O M D 7 APPROXIMATE BASIN 6 BOUNDARY 2 5 3 4 GRASS LAKE LOCATION MAP AVCON, INC. ENGINEERS & PLANNERS CURACAO WAY / SOUTHWIND DRIVE FLOOD MITIGATION PROGRAM 320 BAYSHORE DRIVE, SUITE A - NICEVILLE, FL 32578-2425 OKALOOSA COUNTY, FLORIDA OFFICE: (850) 678-0050 - FAX: (850) 678-0040 www.avconinc.com DECEMBER 09, 2014 Packet Pg. 310 Packet Pg. 311 Packet Pg. 312 Packet Pg. 313 Packet Pg. 314 Packet Pg. 315 Packet Pg. 316 Packet Pg. 317 Packet Pg. 318 Packet Pg. 319  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Lease - old FWB Hospital - Opportunity Inc DEPARTMENT: Facility Maintenance BCC DISTRICT: 2 STATEMENT OF ISSUE: Request BCC approval of a lease with Opportunity Inc. for space in the former Ft. Walton Beach hospital. BACKGROUND: An item appeared in the "New Business" section of the October 7, 2014 BCC agenda (agenda attached) requesting the Board's approval of a proposed leased space allocation for Opportunity Inc and Elder Services. The Board approved the space allocation and directed leases be prepared to reflect the terms and conditions for the use of the approved space by the respective lessees. The County Attorney's office prepared the new lease (attached) for Opportunity Inc and Addendum A (attached) shall be attached as a part of the lease to reflect the limits of the leased area. Staff recommends approval of the proposed lease. RECOMMENDATIONS: Request BCC approval of a lease with Opportunity Inc. for space in the former Ft. Walton Beach hospital and for the Board to authorize the Chairman to execute all necessary documents. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 320  LEASE This Lease entered into this day of , 2014, by and between, OKALOOSA COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, herein referred to as “Lessor”, and OKALOOSA WALTON HOMELESS CONTINUUM OF CARE, OPPORTUNITY, INC., a Florida Non Profit Corporation, herein referred to as “Lessee”. SECTION ONE SUBJECT AND PURPOSE Lessor does hereby Lease that certain portion of the building, as indicated in the attached and incorporated Addendum “A”, located at 207 NE Hospital Drive, City of Fort Walton Beach, County of Okaloosa, State of Florida, known commonly as the “Old Ft. Walton Beach Hospital”, (“Leased Premises”) to Lessee for the following purposes: 1. General administrative offices and necessary administrative support spaces for the provision of counseling and services to persons who are homeless or in imminent danger of becoming homeless. 2. No other use is authorized for any portion of the space covered by this Lease. SECTION TWO TERM AND RENT Lessee shall pay to Lessor for the use and occupancy of the space shown in the attached Addendum “A” the sum of $1.00 per year, it being intended that the fair rental value of the premises utilized by the Lessee as an in-kind match for federal programs serviced by Lessee, which shall be due and payable on the first day of the Lease period of each year. The term of the Lease shall begin on the 1st day of October 2014, and end on the 30th day of September, 2017. Upon expiration of the initial Lease term, Lessee shall have the option to extend the Lease, at the rental rate set forth above, for two additional but separate one year terms. SECTION THREE ADDITIONAL RENT In addition, Lessee shall pay any and all taxes, charges, costs, and expenses that may be due as a result of this Lease, together with all interest and penalties that may accrue thereon, in the event of the failure of Lessee to pay those items, and all other damages, costs, expenses, and sums that Lessor may suffer or incur, or that may become due, by reason of any default of the Lessee of failure by Lessee to comply with the terms and conditions of this Lease shall be deemed to be additional rent, and, in the event of non-payment, Lessor shall have all the rights and remedies as herein provided for failure to pay rent. Packet Pg. 321  SECTION FOUR ALTERATIONS, ADDITIONS, AND IMPROVEMENTS Lessee may not make any additions, alterations, or changes of any kind to the Leased Premises or on Lessor’s property without the expressed written consent of Lessor. 1. Permission. Lessee shall submit a complete work plan of any and all work that Lessee proposes to undertake to Lessor in advance of any work beginning. Lessee may not begin any work without written permission in advance from Lessor. 2. Costs. The full costs to accomplish any work plan approved by Lessor shall be borne entirely by Lessee. 3. Permitting and Inspection. All work authorized by Lessor and undertaken by Lessee, or Lessee’s contractor(s) or agent(s) shall be properly permitted by the appropriate inspecting authority and shall comply with all laws, rules, and regulations administered by any agency having jurisdiction over the work to be done. 4. License and Insurance. All contractors performing work on the Leased Premises shall be properly licensed and insured to perform the work. Prior to commencement of work at the Leased Premises, Contractors shall submit to the Lessor a Certificate of Insurance naming the Lessor as an additional insured with limits of coverage as follows: a. Workers Compensation – i. State - statutory limit ii. Employers Liability - $1,000,000 limit each accident b. Business Automobile - $1,000,000 each occurrence (combined single limit) c. Commercial General Insurance - $1,000,000 each occurrence (combined single limit) d. Professional Liability - $1,000,000 each occurrence (combined single limit) e. Personal and Advertising Injury - $250,000 per person 5. Payment. Lessee is solely responsible for the payment for all items contracted for or purchased by Lessee. Lessee will take whatever actions that are necessary to remove any lien(s) placed on the property as a result of Lessee’s activities. 2 Packet Pg. 322  6. Ownership. All approved alterations, additions, and improvements to the Leased Premises shall remain in place and become the property of Lessor at the conclusion of the Lease term. SECTION FIVE USE, MAINTENANCE, AND REPAIRS Lessee shall, at all times during the Lease and at its own cost and expense, repair, replace, and maintain in a good, safe, and substantial condition, the interior of the Leased Premises and shared common areas, including bathrooms and hallways. Lessee shall at Lessee’s own expense maintain and make timely repairs to: 1. HVAC System. General maintenance of HVAC systems; replace filters in a timely manner; clean and tune up the equipment according to the manufacturer’s recommendations. 2. Other. Clean and maintain restroom fixtures, flooring, ceilings, walls, windows, doors, and any other items in a customary manner to preserve function and value. Lessee also recognizes that it will share certain common areas in the Leased Premises, such as bathrooms and hallways, with another tenant of Lessor, the Okaloosa County Council on Aging, Inc. (“Council on Aging”). Lessee and the Council on Aging shall enter into a separate written agreement addressing each tenant’s obligations and responsibilities as to the cleaning and maintenance of shared common areas. A copy of such written agreement and any amendments thereto shall be provided to Lessor. Lessee shall not allow any overnight occupancy or stays on the Leased Premises or in any portion of the space covered by this Lease. Lessee’s authorized parking on the Lessor’s property is limited to one vehicle per staff member of Lessee assigned to work at the Leased Premises. No vehicles or trailers may be parked overnight on Lessor’s property without the express written consent of the Lessor. Further, Lessee shall not store any good, items, or materials outside that portion of the Leased Premises assigned to Lessee on Addendum A without the express written consent of the Lessor. SECTION SIX TAXES Lessee shall pay on or before the last day on which payment may be made without penalty or interest, all taxes, assessments, or other governmental charges that shall or may, during the lease term, be imposed on or arise in connection with the use of the Leased Premises. 3 Packet Pg. 323  SECTION SEVEN UTILITIES Utilities for the Leased Premises are provided and maintained through accounts billed to the Council on Aging. Lessee shall pay to the Council on Aging a negotiated monthly amount towards the cost of utilities utilized by Lessee, which shall be set forth in a separate written agreement between Lessee and the Council on Aging that addresses the Lessee’s obligations and responsibilities to the Council on Aging for payments toward of utility costs. A copy of such written agreement and any amendments thereto shall be provided to Lessor. Lessee agrees that in the event of Lessee’s failure to pay such agreed upon amount for utility charges to the Council on Aging where the non-payment or under payment remains uncured for a period of thirty (30) days that Lessor may treat such failure to pay as an event of default under this Lease subject to the rights and remedies available to Lessor for an event of default pursuant to Section Twenty- One herein. SECTION EIGHT MECHANICS’ LIENS - CONSENT OF LESSOR Nothing in this Lease shall be deemed or construed in any way as constituting the consent or request of Lessor, expressed or implied, by inference or otherwise, to any contractor, subcontractor, laborer, or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration to, or repair of the Leased Premises or any part thereof, nor as giving Lessee any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any lien against the Lessor’s building, property, or any portion thereof. SECTION NINE UNLAWFUL OR DANGEROUS ACTIVITY Lessee shall neither use nor occupy the Leased Premises or any part thereof of for any unlawful or hazardous business purpose nor operate or conduct its business in a manner constituting a nuisance of any kind. Lessee shall immediately, on discovery of any unlawful or hazardous use, take action to halt such activity. SECTION TEN INSURANCE AND INDEMNITY Lessee shall maintain during the term of this Lease adequate insurance coverage through insurance policies upon which the Lessor shall be named as an additional insured as follows: a. Workers Compensation – i. State - statutory limit ii. Employers Liability - $100,000 limit each accident 4 Packet Pg. 324  b. Business Automobile - $1,000,000 each occurrence (combined single limit) c. Commercial General Insurance - $1,000,000 each occurrence (combined single limit) Lessee shall provide to Lessor Certificates of Insurance demonstrating that the required insurance coverage has been obtained and showing that Lessor is named as an additional insured on such insurance policies. Lessee further recognizes that the Lessor is not currently maintaining property damage insurance on the Leased Premise but may elect to do so in the future during the term of this Lease. In the event that Lessor elects to purchase property damage insurance on the Leased Premise during the term of this Lease then Lessee shall be responsible for payment to Lessor of a pro rata share of the costs of such insurance, which will be calculated based upon the squared footage of the Leased Premises occupied by the Lessee. Lessee also agrees to indemnify Lessor against all expenses, liabilities, and claims of every kind, including reasonable counsel fees, by or on behalf of any person or entity arising out of either: 1. A failure by Lessee to perform any of the terms or conditions of this Lease. 2. Any injury or damage happening on or about the Lessor’s building or property resulting from the Lessee’s occupancy, operations, or use of the Leased Premises pursuant to this Lease. 3. Failure to comply with any law of any governmental authority. 4. Any mechanic’s lien or security interest filed against the Lessor’s building or property or any equipment installed or caused to be installed by Lessee at the Leased Premises, or any materials used or caused to be used by Lessee on or at the Leased Premises, or any work done or caused to be done by Lessee at the Leased Premises for any purpose. SECTION ELEVEN ACCESS TO LEASED PREMISES Lessee shall permit Lessor or its agents to enter the Leased Premises at all reasonable hours to inspect or make repairs that Lessee may neglect or refuse to make in accordance with the provisions of this Lease or that may be otherwise necessary in the normal repair and maintenance of the facility or to show the premises to prospective buyers. 5 Packet Pg. 325  SECTION TWELVE EASEMENTS, AGREEMENTS, OR ENCUMBRANCES The parties shall be bound by all existing easements, agreements, and encumbrances of record relating to the Leased Premises and Lessor shall not be liable to Lessee for any damages resulting from any action taken by a holder of an interest pursuant to the rights of that holder thereunder. SECTION THIRTEEN LIABILITY OF LESSOR Lessee shall be in exclusive control and possession of the Leased Premises and Lessor shall not be liable for any injury or damages to any property or to any person on or about the Leased Premises or for any property of Lessee. The provisions herein permitting Lessor to enter and inspect the Leased Premises are made to insure that Lessee is in compliance with the terms and conditions hereof and makes repairs that Lessee has failed to make or are necessary as a consequence of a repair that was necessary that was outside of the responsibility of Lessee. Lessor shall not be liable to Lessee for any entry on the premises for inspection or necessary repair purposes. SECTION FOURTEEN REPRESENTATIONS BY LESSOR At the commencement of the term Lessee shall accept the Leased Premises and the fixtures and equipment included therein in their existing condition and state of repair, and Lessee agrees that no representations, statements, or warranties, expressed or implied, have been made by or on behalf of Lessor in respect therein except as contained in the provisions of this Lease, and Lessor shall in no event be liable for any latent defects within the Leased Premises. SECTION FIFTEEN WAIVERS The failure of Lessor to insist on a strict performance of any of the terms and conditions hereof shall not be deemed a waiver of the rights or remedies that Lessor may have to enforce performance of the terms and conditions of this Lease at any time. SECTION SIXTEEN NOTICE All notices to be given with respect to this Lease shall be in writing. Each notice shall be sent by registered or certified mail, postage prepaid and with return receipt requested, to the party to be notified at the address set forth below or at such other address as either party may from time to time designate in writing. 6 Packet Pg. 326  As to Lessor: Okaloosa County Attn: Director, Facilities Maintenance 5489 Old Bethel Road Crestview, Florida 32536 As to Lessee: Okaloosa Walton Homeless Continuum of Care, Opportunity, Inc. Attn: Chair, Board of Directors Post Office Box 115 Ft. Walton Beach, Florida 32549 SECTION SEVENTEEN ASSIGNMENT, MORTGAGE, OR SUBLEASE Neither Lessee nor his successors or assigns shall assign, mortgage, pledge or encumber this Lease or sublet the Leased Premises, in whole or in part, or permit the Leased Premises to be used or occupied by others, nor shall this Lease be assigned or transferred by operation of law, without the prior consent in writing of Lessor in each instance. If this Lease is assigned or transferred, or if all or any part of the Leased Premises is sublet or occupied by anybody other than Lessee without Lessor’s written consent, Lessor may declare Lessee in default and terminate the entire Lease and demand Lessee vacate the entire Leased Premises and surrender control of the Leased Premises by to Lessor within fifteen (15) calendar days from service of notice of default to Lessee by Lessor. Any consent by Lessor to sublease or transfer any portion of the Leased Premises to any other party is limited to that specific request and does not construe consent by Lessor to any other transfers or sublets. SECTION EIGHTEEN LEASE RENEWAL/EXTENSION Lessee must submit to Lessor a written request to exercise either of the one year Lease extension options provided herein not less than One Hundred Eighty (180) days prior to the end of the Lease term then in effect. If Lessor has not received written notice of Lessee’s intent to exercise its option to extend the Lease for an additional one year term at least One Hundred Eighty (180) days prior to the end of the Lease term then in effect, then the option to extend shall be null and void and the Lease will expire on the last day of the Lease term then in effect. If Lessor wishes to renew the Lease after the end of the Lease term and optional extensions provided in Section Two, then Lessee shall provide Lessor with a written Lease renewal request no later than One Hundred Eighty (180) days prior to the expiration of the Lease term then in effect. The Lease rate and terms for any renewal of the Lease shall be by mutual agreement of Lessor and Lessee and shall also be presented to and approved by the Okaloosa County Board of County Commissioners. 7 Packet Pg. 327  SECTION NINETEEN SURRENDER OF POSSESSION Lessee shall quietly and peaceably vacate the Leased Premises and surrender possession to Lessor on or before the last day of the Lease, or on an earlier termination and forfeiture of the Lease, free of subtenancies, in good condition and repair. Lessee shall remove all property of every description in the Leased Premises that is not the property of Lessor on or before 12:00 a.m. (midnight) on the last day of the Lease. SECTION TWENTY DEFAULT OR BREACH Each of the following events shall constitute a default or breach of this Lease by Lessee: 1. IF Lessee, or any successor or assignee of Lessee while in possession shall file a petition in bankruptcy or insolvency or for reorganization under any bankruptcy act, or shall voluntarily take advantage of any such act by answer or otherwise or shall make an assignment for the benefit of creditors. 2. IF voluntary proceedings under any bankruptcy law or insolvency act shall be instituted against Lessee or if a receiver or trustee shall be appointed of all or substantially all of the property of Lessee, and such proceedings shall not be dismissed or the receivership or trusteeship vacated within Sixty (60) days after the institution or appointment. 3. IF Lessee shall fail to pay Lessor any rent, or additional rent required hereunder when such become due and shall not make the payment within Fifteen (15) days after notice thereof by Lessor to Lessee. 4. IF Lessee shall fail to perform or comply with any of the conditions of this Lease and if the nonperformance shall continue for a period of Fifteen (15) days after notice thereof by Lessor to Lessee or, if the performance cannot be reasonably had within the 15 day period, Lessee shall not in good faith have commenced performance within the Fifteen (15) day period and shall not diligently proceed to completion of performance. 5. IF Lessee fails to maintain in full force and effect the insurance coverages required pursuant to Section 10 or fails to name Lessor as an additional insured on such insurance policies. 6. IF Lessee shall vacate or abandon the Leased Premises. 7. IF this Lease or the estate of Lessee hereunder shall be transferred to or shall pass to or devolve on any other person or party, except in the manner herein permitted. 8 Packet Pg. 328  8. IF Lessee fails to take possession of the Leased Premises on the term commencement date or within ten days after notice that the Leased Premises are available for occupancy, if the term commencement date is not fixed herein or shall be deferred as herein provided. SECTION TWENTY-ONE EFFECT OF DEFAULT In the event of any default hereunder, as set forth in Section Twenty, the rights of Lessor shall be as follows: 1. Lessor shall have the right to cancel and terminate this Lease, as well as all of the right, title, and interest of Lessee hereunder, by giving to Lessee not less than Fifteen (15) days notice of the cancellation and termination. On expiration of the time fixed in the notice, this Lease and the right, title, and interest of Lessee hereunder, shall terminate in the same manner and with the same force and effect, except as to Lessee’s liability, as if the date fixed in the notice of cancellation and termination were the end of the term herein originally determined. 2. Lessor may elect, but shall not be obligated, to make any payment required of Lessee herein or comply with any agreement, term, or condition required hereby to be performed by Lessee, and Lessor shall have the right to enter the demised premises for the purpose of correcting or remedying any such default and to remain until the default has been corrected or remedied, but any expenditure for the correction by Lessor shall not be deemed to waive or release the default of Lessee or the right of Lessor to take any action as may be otherwise permissible hereunder in the case of any default. 3. Lessor may re-enter the premises immediately and remove the property and personnel of Lessee, and store the property in a public warehouse or at a place selected by Lessor, at the expense of Lessee. After re-entry, Lessor may terminate the Lease by giving Fifteen (15) days written notice of termination to Lessee. Lessee shall be responsible to pay to Lessor all costs of making any repairs to the Leased Premises that were the responsibility of Lessee, and if not paid Lessor shall be entitled to a judgment against Lessee for said sum. 4. Lessor shall have any other remedy available by law. 9 Packet Pg. 329  SECTION TWENTY-TWO TOTAL AGREEMENT; APPLICABLE TO SUCCESSORS This Lease contains the entire agreement between the parties and cannot be changed or terminated except by written instruments subsequently executed by the parties hereto. This Lease and the terms and conditions hereof apply to and are binding on the heirs, legal representatives, successors, and assigns of both parties. SECTION TWENTY-THREE APPLICABLE LAW AND VENUE This agreement shall be governed by and construed in accordance the Laws of the State of Florida. The venue for any legal actions relating to this Lease shall be brought in the Courts in and for Okaloosa County, Florida. 10 Packet Pg. 330  IN WITNESS WHEREOF, Lessee has hereunto set its hand and seal this day of , 2014. In the Presence of: OKALOOSA WALTON HOMELESS CONTINUUM OF CARE, OPPORTUNITY, INC. BY: Martin Fancher Chairman, Board of Directors ATTEST: Secretary IN WITNESS WHEREOF, Lessor has hereunto set its hand and seal this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA J.D. Peacock II Chairman Clerk of Courts 11 Packet Pg. 331 Packet Pg. 332 Packet Pg. 333 Packet Pg. 334 Packet Pg. 335 Packet Pg. 336 Packet Pg. 337 Packet Pg. 338 Packet Pg. 339  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Planning Assistance to States (PAS) Phase IV Agreement with USACE DEPARTMENT: Water and Sewer BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests the Board of County Commissioners (BCC) to approve and authorize the Chairman to execute Planning Assistance to States (PAS) Phase IV Grant Agreement with the United States Army Corps of Engineers (USACE), Mobile District, in support of our future public water supply program. The agreement is attached for your consideration, along with the County Contract Review Coordination Sheet. BACKGROUND: Beginning with the PAS Phase I Agreement executed on July 28, 2010, Okaloosa County Water and Sewer (OCWS) has been partnering with the USACE to perform preliminary planning activities related to future public drinking water supply utilizing surface water from a proposed offline reservoir near the Shoal River via this program. Thru the PAS Program, the USACE partners with local sponsors by a 50/50 cost share to perform planning work related to water supply and other activities. The initial Phase I effort of $100,000 ($50,000 USACE and $50,000 OCWS) focused on the overall site selection for the proposed water treatment facility and pump station. The Phase II effort of $290,000 ($145,000 USACE and $145,000 OCWS) begun in 2011 included a comprehensive treat ability, bench-scale and pilot- scale study of the Shoal River to determine the treatment plan for the future surface water treatment facility. The most recent effort (Phase III) started in June 2012 and totaled $300,000 ($150,000 USACE and $150,000 OCWS). Phase III was utilized to prepare a comprehensive hydraulic water and water quality model of the County’s water distribution systems. The water model will be used to evaluate potential transfer of water from the proposed surface water treatment facility throughout Okaloosa County as well as evaluate alternatives to optimize the water distribution network to increase reliability and reduce cost. It is possible that there may be future issues with combining treated surface water from the proposed offline reservoir with treated ground water in our distribution system. The model can help us to determine solutions to future scenarios. The model files and the software have been provided to the County to be used for future issue resolution. In total, the partnership with the USACE has provided $345,000 in assistance to Okaloosa County in our efforts to provide for a long-term safe and reliable drinking water supply for our citizens, businesses, industry, and off base military personnel. With three phases now complete, in an effort to continue this partnership and future planning effort, OCWS and USACE have worked together to identify additional activities and partnership funding to move forward. The PAS Phase IV Agreement (attached) will provide the contractual mechanism to continue this effort. The scope of work proposed for Phase IV (attached) will include a detailed alternative analysis of the various sites previously proposed for the future water supply offline reservoir and document the process required to obtain a USACE Section 404 Permit necessary to construct the future offline reservoir. The amount for this grant is a total Packet Pg. 340 of $165,000 to again be shared 50/50 between USACE ($82,500) and OCWS ($82,500). The process for moving forward with Phase IV is somewhat different than the previous three phases from a financial standpoint. In previous phases, OCWS wired our dollar portion, as the local sponsor, to USACE soon after the agreement was executed; and then USACE would sign the agreement and complete the Scope of Work, keeping OCWS in the loop. For PAS Phase IV, new USACE policies require the agreement to be executed prior to securing their funding. USACE also plans to utilize in-house resources for their $82,500 portion. Table 1 of the attached Scope of Work depicts all work tasks to be completed and the funding breakdown line by line. It is anticipated that Okaloosa County’s portion of the cost-share will be accomplished thru "in kind" work performed by one of OCWS’s consulting engineers, CH2M HILL. Once USACE funding is identified, OCWS will return to the BCC for approval to move forward with the work and for approval of a task order for CH2M HILL as Okaloosa County’s "in kind" portion of the cost-share. With the above-mentioned new process, no money will need to be wired from OCWS to USACE after the agreement is executed. OPTIONS: Approve or deny. RECOMMENDATIONS: OCWS staff recommends BCC approval and authorization for the Chairman to execute the PAS Phase IV Grant Agreement with the USACE, Mobile District for a total project cost of $165,000, to be shared 50/50 between the two parties. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 341 Packet Pg. 342 Packet Pg. 343 Packet Pg. 344 Packet Pg. 345 Packet Pg. 346 Packet Pg. 347 Packet Pg. 348 Packet Pg. 349 Packet Pg. 350 Packet Pg. 351 Packet Pg. 352 Packet Pg. 353 Packet Pg. 354 Packet Pg. 355  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Tourist Development Tax Update DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: As required by Ordinance 12-21, the Board of County Commissioners (BCC) shall receive, at a minimum, quarterly reports on tourism promotion and marketing campaigns. BACKGROUND: Financial and marketing updates are provided monthly to the TDC. The financial update aggregates budget to actual information for the tourist development department overall, as well as by categories within each bed tax percentage (the “level of restriction”). The Tourist Development Council approved the Financial Update for FY 2014 year-end (e.g. quarter ending September 30) at its November 20 meeting. The marketing and sales update for the quarter ending September 30 summarizes the activities of the convention center, convention & visitors bureau, and advertising agency. This information was presented to the Tourist Development Council at its August and September meetings. OPTIONS: n/a RECOMMENDATION: For informational purposes only; no action required. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 356 Financial Update FY 2014 Year-End FY 2013-14 AMENDED BUDGET: $36,890,669 Financial data as of 11/10/14 The adopted budget of $33,967,750 was amended during the year to record BP grant funds for marketing, FDEP grant funds for Okaloosa Island dune restoration, FDOT grant funds for seasonal transit service on Okaloosa Island and Destin, FDEP grant funds for Okaloosa Island dune walkovers, reserve carryforwards, and other unanticipated revenues. REVENUE ANALYSIS Note: Tourist Development Tax collections total $14.786M on the Tax Collector’s report. This amount is allocated $14.780M to tourist development tax and $6K to interest in the County’s accounting system. November 13, 2014 Packet Tourist Development Department, Okaloosa Pg.FL County, 357 Financial Update – FY 2014 Year End EXPENSE ANALYSIS Note: Not all expenses have been recorded yet. For instance, the September monthly payment to the Destin Fire Control District for lifeguard services as well as certain advertising expenses incurred late in the fiscal year have not yet posted. The Comprehensive Annual Financial Report (CAFR), anticipated to be released in late March 2015, will contain the audited financial information for the fiscal year. Each percentage of the bed tax is required to be spent in a certain way per County Ordinance. November 13, 2014 Tourist Development Department, Okaloosa County, FL 2 of 5 Packet Pg. 358 Financial Update – FY 2014 Year End EXPENSES BY LEVEL OF TOURIST DEVELOPMENT TAX RESTRICTION FIRST PERCENTAGE (These permissible uses are intended to be representative, not all-inclusive) • beach park facilities or beach improvements • beach & waterway maintenance, renourishment, restoration, enhancement, access • tourist destination facilities SECOND PERCENTAGE (These permissible uses are intended to be representative, not all-inclusive) • visitor services, brochure distribution, communication and research • tourist bureau administration • lifeguard services and protection November 13, 2014 Tourist Development Department, Okaloosa County, FL 3 of 5 Packet Pg. 359 Financial Update – FY 2014 Year End THIRD PERCENTAGE (These permissible uses are intended to be representative, not all-inclusive) • operations, maintenance, improvement of Visitor Welcome or Information Centers, Convention Center, and Tourist Destination Facilities • promotion of the Convention Center and Tourist Destination Facilities FOURTH PERCENTAGE (These permissible uses are intended to be representative, not all-inclusive) • expansion, renovation, reconstruction of the convention center and outdoor venues November 13, 2014 Tourist Development Department, Okaloosa County, FL 4 of 5 Packet Pg. 360 Financial Update – FY 2014 Year End FIFTH PERCENTAGE (These permissible uses are intended to be representative, not all-inclusive) • tourism promotion PROMOTIONAL ACTIVITIES (-548xxx accounts) RevPAR Revenue per available room (RevPAR) is a widely used performance metric in the lodging industry. RevPar is a measurement for a point in time, so it is most appropriately use d when comparing equivalent time periods (e.g. February 2014 to February 2013). However, since year-to-year comparison is not possible until twelve months of data are obtained, it is being presented here to establish benchmarks. RevPar = gross monthly receipts divided by days in month divided by number of units (data taken from Tax Collector’s monthly reports) TDC Recommendation to BCC Approve the financial update as presented. November 13, 2014 Tourist Development Department, Okaloosa County, FL 5 of 5 Packet Pg. 361 Packet Pg. 362 Packet Pg. 363 Packet Pg. 364 Packet Pg. 365 Packet Pg. 366 Packet Pg. 367 Packet Pg. 368 Packet Pg. 369 Packet Pg. 370 Packet Pg. 371 Packet Pg. 372 Packet Pg. 373 Packet Pg. 374 Packet Pg. 375 Packet Pg. 376 Packet Pg. 377 Packet Pg. 378 Packet Pg. 379 Packet Pg. 380 Packet Pg. 381 Packet Pg. 382 Packet Pg. 383 Packet Pg. 384 Packet Pg. 385 Packet Pg. 386 Packet Pg. 387 Packet Pg. 388 Packet Pg. 389 Packet Pg. 390 Packet Pg. 391 Packet Pg. 392 Packet Pg. 393 Packet Pg. 394 Packet Pg. 395 Packet Pg. 396 Packet Pg. 397 Packet Pg. 398 Packet Pg. 399 Packet Pg. 400 Packet Pg. 401 Packet Pg. 402 Packet Pg. 403 Packet Pg. 404 Packet Pg. 405 Packet Pg. 406 Packet Pg. 407 Packet Pg. 408 Packet Pg. 409 Packet Pg. 410 Packet Pg. 411 Packet Pg. 412 Packet Pg. 413  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Destin To Fish TV Show - First Season Production DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Request approval for Chairman to sign an agreement with Realin’ Scripts Charters, LLC in the amount of $73,800 to fund a portion of production of the first season of “Destin to Fish”. BACKGROUND: The TDC and BCC previously approved $6,200 to fund a portion of production of a pilot for a local fishing show. The premise of the show is to bring different families to the area to showcase fishing opportunities in the area as well as featuring local shops, restaurants, and attractions. TDC and BCC were apprised that if the show was picked up by The Sportsman Channel or a network of equivalent value, the estimated County contribution would be $73,800 for the rest of the first season (12 episodes, with multiple airings per month). The show “Destin to Fish” has been picked up by The Sportsman Channel and will begin airing in January 2015. The pilot was authorized under a task order to the County’s advertising agency. However, given the dollar amount and to protect the County’s interests, it is more appropriate for the County to contract directly with Realin’ Scripts Charters, LLC. The TDD requests $73,800 to fund a portion of October and November 2014 production/footage and subsequent post-production/editing activities for the 12 additional episodes for the first season, with the objective of increasing visitation and lodging facility occupancy within the taxing district. Funding would be disbursed based on production activities: Completion of Production/Footage - $50,000 Completion of Post-Production/Editing - $16,420 Receipt of Completed 12 First-Season Episodes - $7,380 Funding is available in 5th penny reserves, which is dedicated to tourism promotion. There is currently $2.18M in promotional reserves in the 5th penny, which exceeds the required reserve policy amount of $831K. The TDC recommended approval of an agreement with Realin’ Scripts Charters, LLC and funding from reserves at its November 20, 2014 meeting. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve agreement with Realin’ Scripts Charters, LLC and a budget amendment from 5th penny promotional reserves (1151-599146) in the amount of $73,800 (1151- 548049) to fund a portion of production of the first season of “Destin to Fish”, and authorize Chairman to sign the agreement. Packet Pg. 414 RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 415 Packet Pg. 416 Packet Pg. 417 Packet Pg. 418 Packet Pg. 419 Packet Pg. 420 Packet Pg. 421 Packet Pg. 422 Packet Pg. 423 Packet Pg. 424  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Legislative Priorities for 2015 DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests Board direction on proposed list of priorities for State legislative action and potential funding opportunities for Okaloosa County. BACKGROUND: At the November 18, 2014 BCC meeting, the Board gave staff direction to evaluate the upcoming State legislative priorities identified by the Florida Association of Counties (FAC) and compile a list of potential State legislative priorities for Okaloosa County. Attached is the formalized list of FAC legislative priorities and a list of staff-developed legislative priorities for Board consideration for FY 2015 based on the priorities established by the FAC. Additionally, staff was directed to evaluate the current list of potential State funding opportunities with consideration for projects for both the north- and south-end of the County. A list of these opportunities is attached as well. ANALYSIS: Once our State legislative and funding list is finalized, it should be sent to our delegation. OPTIONS: Staff recommends Board direction for State legislative priorities and funding opportunities. RECOMMENDATIONS: Reach consensus on local legislative priorities and funding opportunities and provide staff direction. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 425  2014-2015 Legislative Program Packet Pg. 426  2014-15 Legislative Program Table of Contents 2014-2015 Legislative Priorities.................................................. 3 Finance, Tax & Administration.................................................... 6 Growth Management, Agriculture & Environment .................... 9 Health & Human Services ......................................................... 19 Public Safety ............................................................................. 23 Federal ...................................................................................... 28 2 Packet Pg. 427  2014-15 Legislative Program 0B 2014-2015 Legislative Priorities *Tax Reform: SUPPORT tax reform measures that simplify administration and provide an economic boost to Florida’s taxpayers while at the same time considering and minimizing the collective and cumulative negative impact on local revenues, including state shared and local discretionary revenue sources that are critical to local governments in providing community services. Potential tax proposals that are of major concern to FAC include, but are not limited to: A. Communications Services Taxes SUPPORT amending and/or revising current law in a manner that is: 1) revenue neutral; 2) simplifies administration and collection of the current tax; 3) provides for a broad and equitable tax base; 4) provides for enhanced stability and reliability as an important revenue source for local government; and 5) provides the opportunity for market-based growth. OPPOSE legislation that would revise current law in a manner that significantly reduces current local government related revenues. B. Sales Tax Exemption on Commercial Leases OPPOSE legislation that would exempt state sales tax and local option sales tax on commercial leases. C. Property Taxes – “Elimination of Recapture Provision” OPPOSE legislation that would eliminate the existing recapture provisions in Florida Statute 3 Packet Pg. 428  2014-15 Legislative Program D. Local Discretionary Revenue Flexibility SUPPORT modifications to existing laws governing local discretionary sales tax revenue sources to provide greater simplification, flexibility and more efficient administration and management. *Economic Development: SUPPORT measures that empower local governments and provide resources to work with community partners towards the creation of quality jobs, more vibrant Florida communities and global competitiveness as envisioned by the Florida Chamber Foundation’s 20 year strategic plan. Related issues that are of major interest to FAC for the 2015 Legislative session include, but are not limited to: A. Enterprise Zones SUPPORT legislation that reauthorizes statewide enterprise zone incentive programs. B. Film/Television Entertainment Production Tax Incentives SUPPORT legislation that would enhance the current incentives program to support and incentivize local governments to create and maintain a more sustainable and competitive physical and financial environment for attracting film, television, digital and new media related entertainment production in the State of Florida that promotes and is tied to infrastructure and workforce education in science, technology, engineering, arts and math. *Amendment 1–The Florida Water and Land Conservation Amendment: SUPPORT a balanced distribution of funds for land acquisition and for water quality and quantity projects throughout the state, with equitable allocation irrespective of a project’s urban or rural nature, or its coastal or inland location. SUPPORT land acquisitions of less than fee simple interest, thus reducing the cost to taxpayers while generating revenue, and allowing property owners to continue certain uses with negotiable terms. SUPPORT an allocation policy that involves local government participation in priority assessment and community impact. OPPOSE the use of Amendment 1 to supplant current funding for beach renourishment, springs protection and other uses allowed in Amendment 1. SUPPORT the continued funding of the Water Management Lands Trust Fund and the annual reserve for payments in lieu of taxes for ad valorem losses incurred as a result of water management district acquisition or charitable donation. SUPPORT the provision of PILT payments at a level that reflects current ad valorem revenues with adjustments to reflect any increase in property value in the future. 4 Packet Pg. 429  2014-15 Legislative Program *Medicaid County Cost Cap: SUPPORT establishing a cap on growth in the individual county Medicaid costs under s. 409.915, F.S. to address the anticipated cost shifts that result from the transition to a Medicaid enrollee based cost-sharing system. *Juvenile Detention Cost Share: SUPPORT the state taking full responsibility for funding and operation of detention facilities serving juveniles, both for pre-disposition and post-disposition days and implementing juvenile justice reform, as recommended by the Detention Cost Share Proviso Workgroup. In the alternative, SUPPORT funding for the secure detention as upheld by Florida’s courts. SUPPORT allowing counties to pay actual costs on a monthly reimbursement basis. 5 Packet Pg. 430  2014-15 Legislative Program Davin J. Suggs, Fiscal Policy Director Finance, Tax and Administration Email: dsuggs@fl-counties.com Phone: 850-922-4300 or Fax: 850-488-7501 FINANCE & TAX POLICY Remote Sales Tax/“Main Street” Fairness Act: SUPPORT legislation that promotes an equitable competitive environment between “Brick and Mortar” businesses and remote business establishments conducting business in Florida. Tax Reform: SUPPORT tax reform measures that simplify administration and provide an economic boost to Florida’s taxpayers while at the same time considering and minimizing the collective and cumulative negative impact on local revenues, including state shared and local discretionary revenue sources that are critical to local governments in providing community services. Potential tax proposals that are of major concern to FAC include, but are not limited to: A. Communications Services Taxes SUPPORT amending and/or revising current law in a manner that is: 1) revenue neutral; 2) simplifies administration and collection of the current tax; 3) provides for a broad and equitable tax base; 4) provides for enhanced stability and reliability as an important revenue source for local government; and 5) provides the opportunity for market-based growth. OPPOSE legislation that would revise current law in a manner that significantly reduces current local government related revenues. B. Sales Tax Exemption on Commercial Leases OPPOSE legislation that would exempt state sales tax and local option sales tax on commercial leases. C. Property Taxes – “Elimination of Recapture Provision” OPPOSE legislation that would eliminate the existing recapture provisions in Florida Statute. 6 Packet Pg. 431  2014-15 Legislative Program D. Local Discretionary Revenue Flexibility SUPPORT modifications to existing laws governing local discretionary sales tax revenue sources to provide greater simplification, flexibility and more efficient administration and management. ECONOMIC DEVELOPMENT Economic Development: SUPPORT measures that empower local governments and provide resources to work with community partners towards the creation of quality jobs, more vibrant Florida communities and global competitiveness as envisioned by the Florida Chamber Foundation’s 20 year strategic plan. Related issues that are of major interest to FAC for the 2015 Legislative session include, but are not limited to: A. Enterprise Zones SUPPORT legislation that reauthorizes statewide enterprise zone incentive programs. B. Film/Television Entertainment Production Tax Incentives SUPPORT legislation that would enhance the current incentives program to support and incentivize local governments to create and maintain a more sustainable and competitive physical and financial environment for attracting film, television, digital and new media related entertainment production in the State of Florida that promotes and is tied to infrastructure and workforce education in science, technology, engineering, arts and math. APPROPRIATIONS Specific County Based Appropriations: SUPPORT maintaining current state appropriations critical to the delivery of public services at the county government level as it relates to currently funded county based appropriations in the SFY 2014-2015 budget. SUPPORT maintenance of existing appropriations currently funded in support of fiscally constrained counties. BUDGET & FINANCE ADMINISTRATION 7 Packet Pg. 432  2014-15 Legislative Program Value Adjustment Boards: OPPOSE legislation that would harm the ability of Value Adjustment Boards in fulfilling its role as intended by the State Constitution. GENERAL ADMINISTRATION Regulation of Taxis and Limousines: FAC SUPPORTS maintaining the integrity of home rule power, which allows counties to regulate taxis, limousines, and jitneys for the purpose of public safety and consumer protection. Conversely, FAC OPPOSES any effort that preempts to the state the regulation of chauffeured limousines, limousine services and drivers of chauffeured limousines. Collective Bargaining: SUPPORT legislation clarifying that constitutional officers can resolve impasse issues at the discretion of the constitutional officer. Elections: SUPPORT full state funding of all expenditures by supervisors of elections to comply with the requirements of the federal Help America Vote Act. Procurement: SUPPORT the non-publishing of detailed bid estimates by creating an exemption for county and municipality projects in statute. SUPPORT establishing an optional (alternative) process for state and local entities to consider cost in the award of professional services agreements pursuant to the Consultants’ Competitive Negotiation Act. Public Notice: SUPPORT legislation allowing local governments to comply with public notice and legal advertisement requirements by means other than the newspaper. Florida Retirement System (FRS): OPPOSE any FRS benefit changes that result in an increase in the FRS county and county employee contribution rates. SUPPORT requiring all legislation that potentially results in an increase in the FRS contribution rate to be analyzed and evaluated to determine the direct fiscal impact of proposed changes to all local and state government to be eligible for consideration. Public Record and Open Meeting Exemptions for Economic Development: SUPPORT changes to s.286.0113 and s.288.075, F.S., that would allow the Board of County Commissioners to deliberate in private regarding an economic development proposal and preserve the confidentiality of confidential information in the possession of an economic development agency. 8 Packet Pg. 433  2014-15 Legislative Program Eric Poole, Assistant Legislative Director Growth Management, Agriculture, Email: epoole@fl-counties.com Phone: 850-922-4300 Fax: 850-488-7501 & Environment Stephen James, Legislative Staff Attorney Email: sjames@fl-counties.com Phone: 850-922-4300 Fax: 850-488-7501 GROWTH MANAGEMENT IMPLEMENTATION Developments of Regional Impact: SUPPORT legislation that strengthens intergovernmental coordination processes to ensure that land development projects resulting in adverse impacts on a neighboring jurisdiction are properly mitigated by the approving jurisdiction. Local Regulations / Private Property Rights: SUPPORT an amendment to the Bert Harris Act (s.70.001, Florida Statutes) to specifically provide that a county’s adoption of federal Flood Insurance Rate Maps (FIRM) and implementing regulations do not give rise to a cause of action under the Bert Harris Act. Growth Management Reform: The growth reforms of 2011 represented the most significant changes to the state’s planning laws in more than 25 years. While FAC does not oppose the revised planning process, it believes that no further revisions should occur without first evaluating the impact the 2011 changes have had on the economy, the environment, local and regional infrastructure, and community development. Accordingly, until such an evaluation takes place, OPPOSE any further reductions in state planning oversight or other efforts preempting local planning decisions. Expedited State Review: SUPPORT changes to the Community Planning Act that would allow small counties to request the “State Coordinated Review Process” be used for the review of complex plan amendments. Concurrency: In the absence of state-mandated transportation concurrency, and to ensure that the roads needed to support new development are concurrent with the impacts of development, SUPPORT county home rule authority, and current statutory provisions, which allow counties to retain their current transportation concurrency systems, as adopted by local ordinance. Rural Growth: FAC recognizes that rural areas play an important role in our state’s economy, environment, agriculture, and cultural history. However, from a planning 9 Packet Pg. 434  2014-15 Legislative Program perspective, these areas have received much less attention than their urban and suburban counterparts. In view of this, SUPPORT the following: • Restoring the full amount of local technical assistance monies ($3.2 million) to the Department of Economic Opportunity, as originally provided under SB 360 (2005); • Targeted technical assistance to small counties for specific comprehensive planning functions, including Rural Land Stewardship Area (RLSA) issues; and Proportionate Fair-Share Mitigation: SUPPORT major revisions to the proportionate share statute to ensure that: (1) the funding formula and its application are clear and unambiguous; (2) local governments can determine if the payment is adequate to satisfy the concurrency management system; (3) each development can be charged its proportionate share of road improvements when the road is deficient or when development causes the road to become deficient; and, (4) development is not charged for existing deficiencies or backlog. REGIONAL PLANNING Regional Planning Councils (RPCs): SUPPORT full funding of regional planning councils to, at a minimum, cover the costs of statutory responsibilities, and to support enhanced economic development activities. OPPOSE legislation prohibiting or restricting the ability of a regional planning council to provide planning and technical service to its local governments. AFFORDABLE HOUSING Affordable Housing: SUPPORT retaining the full amount of dedicated documentary tax revenues to fund state and local affordable housing programs. TRANSPORTATION FUNDING Discretionary Sales Surtaxes (Charter County and Regional Transportation System Surtax): SUPPORT current law allowing counties, who are eligible to levy the Charter County and Regional Transportation System Surtax, the discretion to enter into an inter-local agreement with cities, and expressway authorities for the purpose of sharing a portion of tax revenues. FAC OPPOSES any legislative efforts that reduce this authority, including those that would allow cities to levy all or a portion of the surtax through local referenda. State Transportation Trust Fund: OPPOSE any effort to divert revenues from the state transportation trust fund for non-transportation purposes. 10 Packet Pg. 435  2014-15 Legislative Program Regional Transportation Finance Entities: SUPPORT legislation that authorizes the creation of regional transportation finance authorities, who may be authorized to use tolls, or pledge a portion of the capacity improvement funds from the State Transportation Trust Fund to finance eligible transit or transportation improvement projects. Rural Transportation Funding: SUPPORT state funding for the Small County Road Assistance Program (SCRAP). SUPPORT continuing enhanced state funding for the Small County Outreach Program (SCOP). Urban Transportation Funding: To help reduce greenhouse gas emissions, promote energy conservation, and lower the number of vehicle miles traveled, FAC SUPPORTS a change to the state’s transportation funding investment policy by creating a more flexible and balanced allocation of funds between transit and traditional highway capacity improvements. TRANSPORTATION PLANNING & ADMINISTRATION Managed Lanes: SUPPORT changes to FDOT’s “Managed Lanes” designation process to ensure counties have proper notice and are given an adequate comment period relating to any state road corridor that is proposed to include managed lanes. Additionally, revenues derived from managed lane operations that are in excess of the amounts needed to pay debt service, operations, or maintenance directly related to the managed lanes in any given year, shall be returned to the county where such revenues were generated for transit or transportation program expansion, improvement, or enhancement. Metropolitan Planning Organizations: OPPOSE FDOT efforts to require urbanized areas (UZAs) with multiple MPOs to submit one combined project priority list. Leasing of State Roads: OPPOSE the State of Florida leasing any existing state- owned toll road to a private concessionaire without creating a more transparent and inclusive process for FDOT to follow when considering leasing state-owned toll roads. SUPPORT statutory changes that would: • Include an early local government notification process; • Ensure local governments provide comments to the agency prior to it soliciting proposals relating to the leasing of a toll road; • Authorize the use of any remaining toll revenues from a lease agreement to be returned to the affected counties to provide funding for transportation related 11 Packet Pg. 436  2014-15 Legislative Program activities, including but not limited to, reimbursing counties for fire and emergency rescue services associated with the leased facility; and • Authorize the use of any upfront revenues (a.k.a., lease payment) and any excess revenues from a lease agreement to include non-SIS facilities and other non-capacity projects, including transit, as identified by the Metropolitan Planning Organization within the county or counties where the lease road is located. County Transportation Projects: SUPPORT increasing the cost cap (from $400,00 to $750,000) for counties to self-perform road improvement projects using the Constitutional Gas Tax proceeds. Strategic Intermodal System (SIS): SUPPORT legislation allowing SIS funds to used on roads and other transportation facilities not designated on the SIS network if the improvement relieves congestion on the SIS. AGRICULTURE Agricultural Protections: SUPPORT policies and legislation that curb abuse of statutory agricultural protections by real estate speculators and developers, while protecting principles of investment backed expectation. Rural and Family Lands Protection Act: SUPPORT funding the Rural and Family Lands Protection Act to allow for the purchase of rural lands protection easements to prevent the subdivision and conversion of such land into other uses. Rural Land Stewardship Areas (RLSAs): SUPPORT Rural Land Stewardship Areas (RLSAs) to maintain the economic value of rural land in Florida, protect the character of rural areas, ensure the viability of our agricultural economy, and control urban sprawl. SUPPORT local match funding for technical assistance and planning needed by local government to implement RLSAs. Sustainable Agriculture Incentives: SUPPORT legislation that encourages and incentivizes sustainable agriculture, and the maximization of local food production. Citrus Greening: SUPPORT state, federal and local efforts to include research and assist the citrus industry in addressing and controlling the damage and threat caused by citrus greening/Huanglongbing (HLB). 12 Packet Pg. 437  2014-15 Legislative Program LAND CONSERVATION Amendment 1–The Florida Water and Land Conservation Amendment: SUPPORT a balanced distribution of funds for land acquisition and for water quality and quantity projects throughout the state, with equitable allocation irrespective of a project’s urban or rural nature, or its coastal or inland location. SUPPORT land acquisitions of less than fee simple interest, thus reducing the cost to taxpayers while generating revenue, and allowing property owners to continue certain uses with negotiable terms. SUPPORT an allocation policy that involves local government participation in priority assessment and community impact. OPPOSE the use of Amendment 1 to supplant current funding for beach renourishment, springs protection and other uses allowed in Amendment 1. SUPPORT the continued funding of the Water Management Lands Trust Fund and the annual reserve for payments in lieu of taxes for ad valorem losses incurred as a result of water management district acquisition or charitable donation. SUPPORT the provision of PILT payments at a level that reflects current ad valorem revenues with adjustments to reflect any increase in property value in the future. BEACHES AND SHORES Beach Renourishment: SUPPORT the continuation of a statutory funding source for beach renourishment. SUPPORT a cost-benefit and needs analysis of beach funding and an increase in state funding levels over the current amount of $30 million, which is no longer sufficient to sustain the program. SUPPORT a significant increase in statutory funding levels for beach projects as part of any implementing legislation related to Amendment 1, which passed in the November 2014 general election. SUPPORT the revision of statutory criteria for the annual ranking of beach projects for state cost sharing, specifically, criteria that recognize economic benefits and cost- effectiveness, the reduction in storm damage, and the ability to leverage federal dollars. Beach Access: SUPPORT the preservation of public access to and along beaches and state water bodies and county regulatory authority. Working Waterfronts: SUPPORT funding sources and statutory provisions to assist local governments with: 1) the acquisition of property or development rights, 2) the preservation of commercial working waterfronts; 3) the improvement of recreational opportunities and public access. Vessels and Waterways: SUPPORT continued state funding of derelict vessel removal. SUPPORT continued state and local regulation of vessels, mooring fields, 13 Packet Pg. 438  2014-15 Legislative Program bulkheads and seawalls, floating vessel platforms, and seagrasses. SUPPORT greater county authority to regulate vessels in navigation outside of designated mooring fields. LAND USE REGULATION Billboards: OPPOSE legislation that preempts or dilutes local government’s ability to establish and maintain local ordinances which regulate billboards and outdoor advertising. Dangerous Captive Wildlife: SUPPORT enhanced interagency coordination between the counties and the Florida Fish and Wildlife Conservation Commission (FWCC) relating to land use regulations regarding dangerous captive wildlife. SUPPORT the listing of iguanas as a “reptile of concern” or, in the alternative, removing the current Class III permitting exemption. Mining: OPPOSE any reduction in the county government role in siting mines for the production of construction aggregate or other minerals. OPPOSE any reduction in county authority to regulate local concerns relating to the operation of mines including, but not limited to, hours of operation, noise, traffic and dust. ENERGY Incentives: SUPPORT incentives for local governments to assist in state energy policies such as green building and carbon emission reductions, and the technical assistance to implement these programs. Climate Change: SUPPORT a comprehensive state climate change action plan, with energy policies and other initiatives to reduce carbon dioxide and other compounds in the atmosphere and address ecosystem sustainability, long term water supply, flood protection, public health and safety, and economic growth and prosperity. SUPPORT state and federal recognition of adaptation and mitigation as critical to any climate change plan, and the funding necessary to assist local governments in developing and implementing climate change initiatives. Renewable Energy: SUPPORT streamlining the permitting and regulatory processes for solar products and installers. SUPPORT legislative incentives to encourage net metering and feed-in tariff programs, and the regulatory clarification that net metering should apply to each customer, rather than each meter, so that condominiums and other multi-unit buildings with a single solar system can apply the benefit to multiple users. SUPPORT a Clean Portfolio Standard (CPS), or alternatively, a Renewable Portfolio Standard (RPS) for the State of Florida. SUPPORT legislative authorization for 14 Packet Pg. 439  2014-15 Legislative Program solar energy product manufacturers to train contractors and supervise installation without being required to obtain a contracting license. SUPPORT incentives to promote the use of solar power purchase agreements and solar leases. Additionally, SUPPORT statutory authorization, if needed, for local governments to create energy financing districts on a voluntary basis. ENVIRONMENTAL PERMITTING Delegation: SUPPORT increased delegation to local government where resources exist to accept partial or complete delegation of state environmental regulatory programs. OPPOSE mandatory delegation as many local environmental programs seek only to fill in the gaps of state and federal regulatory programs. Permit Streamlining: SUPPORT legislation that is thoroughly vetted with all stakeholders, and that takes a targeted approach to increasing regulatory efficiencies, rather than broadly preempting local government authority. OPPOSE legislation that prevents counties from having local environmental programs that are more stringent than state or federal regulatory programs. Conservation Lands: SUPPORT legislation that provides future state funding for the management and maintenance of conservation lands transferred to county control. SUPPORT improved management of state conservation lands and increased public access to those lands. SUPPORT the authority of county government to purchase and sell conservation lands in accordance with local needs, charter requirements, ordinance requirements or financial capacity. Sovereign Submerged Lands: SUPPORT the current case law definition of the "ordinary high water mark" which delineates state lands from private lands. OPPOSE any changes having the effect of transferring large quantities of wetlands and uplands from state ownership to private ownership. SOLID WASTE Solid Waste Funding: SUPPORT reinstating state funding of Solid Waste Management Grants. SUPPORT maintaining the waste tire fee as a dedicated revenue source for funding mosquito control programs and waste tire recycling. Solid Waste Regulation: OPPOSE any diminution of county authority to franchise and otherwise regulate construction and demolition debris (C&D) haulers, recyclers, or disposal facilities. 15 Packet Pg. 440  2014-15 Legislative Program Recycling: SUPPORT legislation that provides appropriate resources and incentives to local governments to achieve statewide recycling goals. SUPPORT a recycling credit for all recycled materials including municipal biomass and other waste-to-energy processes. OPPOSE legislation that imposes fees or taxes on local governments for collecting waste, which is an essential governmental service. Any recycling plan promulgated by the state must consider market and state-wide economic conditions. SUPPORT removing the exemption in s.403.7046(3), F.S., so that local government may require commercial establishments to convey source-separated recovered materials to the local government or to a facility designated by the local government for recycling. DOMESTIC WASTE Land Application of Septage: SUPPORT legislative policies that recognize the challenges of septage disposal in rural counties without adequate treatment facilities and Class I landfills, and the prioritization of funding for the construction of such facilities and associated infrastructure. Central Sewer Systems: SUPPORT the authority of county government to require mandatory connection to central sewer systems as they become available. WATER RESOURCES Water Funding: SUPPORT legislation that enhances regional and local financial capacity to address water supply development and the flexibility of all available funding sources. SUPPORT the funding of the Water Protection and Sustainability Program within the Department of Environmental Protection for the development of alternative water supplies, water quality improvement projects, and comprehensive water infrastructure needs. SUPPORT sustained commitment of state resources for regional systems of statewide importance, such as rivers, springs and the Everglades. SUPPORT renewed funding for alternative water supply projects, conservation, and the TMDL program. Water Supply: OPPOSE any shift of the water supply allocation process from publicly regulated to a market driven process. SUPPORT the fundamental principles of Florida water law which: • Requires demonstration that a proposed use of water is a reasonable- beneficial use, will not interfere with an existing legal use of water, and is consistent with the public interest to protect water and related natural resources. • Establishes a right of use, not a right of ownership. 16 Packet Pg. 441  2014-15 Legislative Program • Provides for “local sources first” – that is, a county in which water is withdrawn shall not be deprived directly or indirectly of the prior right to reasonable and beneficial use of water to supply the needs of its natural systems, property owners, or inhabitants. OPPOSE any state-wide water commission or “water czar” which would redefine the water supply relationship among the state, water management districts, and local governments. SUPPORT the enhancement of local government participation in the water management district planning, permitting and regulatory processes, including proposed reservations, minimum flows and levels, and recovery and prevention strategies. SUPPORT removal of the current sales tax exemption on bottled water. Water Quality: SUPPORT measures to preserve county authority to address water quality problems and the flexibility to craft solutions at the local level. Indian River Lagoon & Lake Okeechobee Basin: SUPPORT state funding for the construction of additional water storage and water quality treatment facilities within the Lake Okeechobee, Caloosahatchee, St. Lucie and Indian River Lagoon watersheds. SUPPORT state funding for domestic wastewater infrastructure that would reduce nutrient loading from septic tanks within the Lake Okeechobee Basin. Springs Protection: SUPPORT state funding for nutrient load reduction programs within Florida’s springsheds. SUPPORT state funding for projects that will improve water quantity and water quality within Florida’s springsheds. Fertilizer: SUPPORT the authority of county government to regulate the use and application of fertilizer to protect water quality. SUPPORT the “Florida Green Industries Best Management Practices” as a basic level of water quality protection, with more stringent protection authorized to address water bodies in need. SUPPORT legislation that would allow counties to develop regional approaches to nutrients, fertilizer, and other water quality issues that take into account particular local concerns relating to geology and hydrology. UTILITIES SUPPORT legislation that encourages and supports “goal-based water conservation initiatives through permit incentives and the use of conservation best management practices developed by the utility industry. 17 Packet Pg. 442  2014-15 Legislative Program SUPPORT legislation that recognizes the responsibility and authority of local government utilities to establish rates and rate structures to allow for flexibility in the provision of services and the sustainable funding of operations. Utility Certification : SUPPORT legislation that requires the PSC to consider local county comprehensive plans in determining whether to grant a certificate to a private utility. OPPOSE legislation that would amend the PSC statute to disregard a demonstration of need in determining whether to grant a certificate to a private utility. Utility Liens: SUPPORT legislation to amend Section 159.17, Florida Statutes, to authorize counties – as well as municipalities – that issue revenue bonds to place liens on properties served by any water, sewer or gas systems for service charges until paid, which liens shall be prior to and on parity with state, county and municipal tax liens. Stormwater Fees: SUPPORT legislation to amend Section 403.0893, Florida Statutes, to provide authorization for stormwater utilities to charge and collect user fees from all beneficiaries of the stormwater utility system. OTHER Community Resiliency: SUPPORT increased funding for infrastructure projects and planning activities to facilitate the prevention of and recovery from damage to essential transportation systems, water management systems and national resources as a result of natural and/or disasters. Water Management Districts: SUPPORT legislative priorities which require adjacent water management district to collectively implement recovery and prevention strategies to address water bodies that fall below, or are projected to fall below applicable MFLs. 18 Packet Pg. 443  2014-15 Legislative Program Susan Harbin, Legislative Advocate Health & Human Services Email: sharbin@fl-counties.com Phone: 850-922-4300 Fax: 850-488-7501 HEALTHCARE Behavioral Health System: SUPPORT increased funding for core mental health and substance abuse services. SUPPORT continued efforts to work through Medicaid reform initiatives to ensure that persons with substance abuse and mental health treatment needs are appropriately served. SUPPORT efforts to increase supportive housing, employment and education initiatives for people with behavioral health issues and/or disabilities. County Health Departments (CHDs): SUPPORT increasing state general revenue funding for CHDs, and OPPOSE any state reductions to the CHD Trust Funds. SUPPORT restoring funding reductions in operating support for CHDs. SUPPORT efforts to enable CHDs to transition to managed care under the Statewide Medicaid Managed Care Program without impacting service capacity. SUPPORT maintaining a coordinated system of CHDs that is centrally housed within the Department of Health (DOH). SUPPORT preserving the ability of CHDs to provide primary care and direct patient care services, particularly in communities without adequate substitutes or alternative providers for these services. County Share of Cost for Medicaid Services: SUPPORT continued evaluation of the county-state Medicaid cost-share arrangement, taking into consideration the impacts of state policies designed to contain growth in Medicaid costs, including statewide Medicaid managed care and diagnosis related group reimbursement for hospitals. Additionally, consider possible alternatives to the current arrangement, including but not limited to: o Alternative financing mechanisms; o Targeted local investment of the statutory county Medicaid contribution; o Allocation of state funds to reduce the cost-shift created by the implementation of an enrollment-based formula; and o Elimination of the unfunded mandate. SUPPORT establishing a cap on growth in the individual county Medicaid costs under s. 409.915, F.S. to address the anticipated cost shifts that result from the transition to a Medicaid enrollee based cost-sharing system. 19 Packet Pg. 444  2014-15 Legislative Program OPPOSE efforts to further shift state Medicaid costs to counties. Low Income Pool/IGT Distribution: SUPPORT a system for distributing intergovernmental transfers (IGTs) that ensures donor counties are able to direct the federal matching dollars generated by their local IGT contributions to best meet the health care needs of their constituents, rather than having those dollars redistributed throughout the state. OPPOSE the tiered hospital rate system for distributing IGTs as established in sec. 409.97(4), F.S. Healthcare Expansion: SUPPORT state legislation drawing down the federal funds made available to Florida under the Patient Protection and Affordable Care Act to expand health insurance coverage to certain individuals who earn up to 138 percent of the federal poverty level, provided that such a program does not further shift Medicaid costs to counties. Baker Act: SUPPORT appropriate funding as outlined in the existing state capacity formula for crisis mental health and substance abuse beds statewide. SUPPORT increased funding for public receiving facilities and maintaining funding for public facilities if new state general revenue is provided to private receiving facilities. Emergency Medical Services (EMS): SUPPORT ST Segment Elevated Myocardial Infarction (STEMI) legislation that leads to better coordination of care without imposing additional liability or administrative costs on county government. OPPOSE legislation that preempts county authority to regulate use or register distribution of Automatic External Defibrillators (AEDs). SUPPORT a cost recovery mechanism if county provided training is mandated. Graduate Medical Education (GME): SUPPORT efforts to fund GME programs to meet the healthcare needs of the state and its local communities, with a particular emphasis on programs that provide for specialties in need as well as the development of physicians practice in medically underserved areas. Statewide Medicaid Managed Care Program: SUPPORT including County Health Departments as priority providers within the Medicaid Managed Care Program and protect their ability to deliver primary care services to the communities they serve. SUPPORT carving out the coordinated Transportation Disadvantaged (TD) system to avoid fragmentation, inefficient operation, and costly duplication of TD services. SUPPORT the continuation of the Medically Needy program. Trauma Care System: SUPPORT efforts to maintain and enhance established trauma care funding, including incentives for the development of new trauma centers. OPPOSE any efforts to shift the state’s financial responsibility for the trauma system to 20 Packet Pg. 445  2014-15 Legislative Program counties or divert trauma care funding for purposes other than those intended by the existing legislation. HUMAN SERVICES Healthy Start and Healthy Families: SUPPORT a continuation of funding for the Florida Healthy Start and Healthy Families program. Smoking Regulation: SUPPORT legislation that repeals the state statutory preemption of smoking regulation by allowing local governments to enact local regulations that exceed state standards. In lieu of a total repeal of the preemption, SUPPORT legislation granting to local governments additional authority to restrict smoking on certain outdoor property. OPPOSE efforts to preempt local regulation of tobacco products and other nicotine dispensing devices. Homelessness: SUPPORT developing a dedicated state funding source for homeless programs. SUPPORT legislation that streamlines current state statutes relating to homelessness and associated programs, including the funding allocation and appropriation processes. SUPPORT the implementation of discharge protocols and/or procedures for hospitals, correctional facilities, and mental health facilities when releasing homeless persons. SUPPORT the development of strategies that would allow local governments to work with the state and federal government to serve target populations: the chronically homeless, veterans, and families and children, with particular emphasis on children aging out of the foster care system. SUPPORT continued coordination with the state's homeless planning council, specifically as it develops policies in support of the new Federal Strategic Plan to End Homelessness. SUPPORT efforts to extend tax credits to businesses that employ the homeless. SUPPORT creation of a public records exemption for individual identifying information entered into the Homeless Management Information System (HMIS). Veterans: SUPPORT legislation establishing a designation program that allocates state funds to hire Veterans Services Officers to increase services and federal benefits for Florida veterans. Transportation Disadvantaged (TD): SUPPORT efforts to avoid fragmentation, inefficient operation, and costly duplication of TD services. SUPPORT appropriate and dedicated state funding for the TD program. SUPPORT efforts to protect the TD trust fund. Community Care for the Elderly: SUPPORT restoration and expansion of state funding for the Community Care for the Elderly Program, which provides cost efficient diversion from nursing home placement for impaired elders. 21 Packet Pg. 446  2014-15 Legislative Program Open Water Life Guards: SUPPORT legislation that would provide for open water lifeguard agency certification in Florida. Recovery Residences: SUPPORT legislation defining and establishing minimum regulatory standards for recovery residence facilities, while also allowing more stringent local regulation. 22 Packet Pg. 447  2014-15 Legislative Program Lisa M. Hurley, Esq., Legislative Director lhurley@fl-counties.com Public Safety Phone: 850-922-4300 Fax: 850-488-7501 Eric Poole, Assistant Legislative Director Email: epoole@fl-counties.com Phone: 850-922-4300 Fax: 850-488-7501 JUDICIAL SYSTEM Article V: SUPPORT eliminating the requirements of s. 29.008(4)(a), F.S., that require counties to fund certain court expenditures by 1.5 percent over the prior county fiscal year. Court Technology Fee: SUPPORT increasing the service fee charged for recording documents and instruments pursuant to s. 28.24(12)(e), F.S., from $4.00 to $8.00, so that $6.00 of the fee is distributed to boards of county commissioners to help fund court-related technology and technology needs as mandated by s. 29.008(1)(f)(2), F.S. Flexibility in Additional Court Costs for Criminal/Traffic Offenses: SUPPORT legislation giving counties more flexibility in the use of the funds generated by the discretionary $65.00 cost on criminal and traffic cases provided in s. 939.185, F.S. Pretrial Service Agencies: SUPPORT maintaining county ability to provide non- monetary and risk assessment pretrial release services that ensure the safety and welfare of local communities by preventing new offenses and ensuring those appear as obligated. OPPOSE legislation limiting the discretion of the first appearance judge, requiring written reports and eliminating the presumption of release on non-monetary conditions. SUPPORT changing pretrial program reporting requirements as provided in s. 907.043, F.S., from weekly to monthly updates. OPPOSE legislation that restricts pretrial services to only indigent defendants and SUPPORT legislation that requires bail bondsmen to report information as required of pretrial service agencies in s.907.043 F. Traffic Hearing Officer Program: SUPPORT full funding for traffic hearing officer programs statewide and allow magistrates to handle cases resulting from red light camera offenses. IMPACTS TO COUNTY JAILS Small County Courthouse Funding: SUPPORT continued state general revenue funding for capital improvements to county courthouses and other court-related facilities, including jails, located in rural counties. 23 Packet Pg. 448  2014-15 Legislative Program Core Services and Funding for Persons with Behavioral Health Issues or Disabilities and maintaining Medicaid eligibility for inmates: SUPPORT appropriate funding for core mental health and substance abuse services. SUPPORT continued efforts to work through Medicaid reform initiatives to ensure that persons with substance abuse and mental health treatment needs are appropriately served. SUPPORT continued efforts to obtain Medicaid eligibility for persons incarcerated in county jails while waiting disposition of their cases. SUPPORT efforts to increase supportive housing, jail diversion, and employment and education initiatives for people with behavioral health issues and/or disabilities. Inmate Medical Costs: SUPPORT legislation that reduces jail expenses by setting a reimbursement amount paid by counties to medical providers for health care services for inmates and arrestees at no higher than the established Medicare rate plus 10%, the same rate as currently charged to the Department of Corrections, unless there is an existing contract in place or a business practice providing a lower rate. Shift of Prison Inmates to Jails: OPPOSE any efforts to shift inmates with less than a year on their sentence at the time of sentencing to jails instead of prisons. Mentally Ill and Substance Abuse: SUPPORT increased funding of the Criminal Justice Mental Health and Substance Abuse Reinvestment Grant Program with recurring dollars in a trust fund. SUPPORT sustainable matching state funds to counties that have received both planning and implementation Reinvestment Grant funds. JUVENILE JUSTICE Juvenile Detention: SUPPORT the state taking full responsibility for funding and operation of detention facilities serving juveniles, both for pre-disposition and post- disposition days and implementing juvenile justice reform, as recommended by the Detention Cost Share Proviso Workgroup. In the alternative, SUPPORT funding for the secure detention as upheld by Florida’s courts. SUPPORT allowing counties to pay actual costs on a monthly reimbursement basis. SUPPORT initiatives which reduce juvenile detention through prevention, treatment, and rehabilitation services. Juvenile Detention Facilities: SUPPORT the legislature appropriating state funds to the Department of Juvenile Justice to upgrade, renovate, or reconstruct detention centers across Florida that are in a state of disrepair. SUPPORT state investments in 24 Packet Pg. 449  2014-15 Legislative Program juvenile facilities to improve the conditions of secure confinement for detained youth without such costs being shifted to the counties. Cost of Care: SUPPORT legislation allowing counties to charge juveniles, or the parents of juveniles, for the costs of providing pre-adjudicatory, secure detention care based on their availability to pay. Juvenile Assessment Centers (JAC Centers): SUPPORT state funding of JAC Centers throughout Florida to strive to achieve equal treatment of youth offenders. GENERAL PUBLIC SAFETY Medical Marijuana: If there is an effort to expand or modify the use of medical marijuana SUPPORT legislation that provides a comprehensive health-based regulatory system where the Department of Health is responsible for licensing cultivation sites, dispensing facilities and manufacturers of marijuana for medicinal purposes subject to local ordinances, including but not limited to occupational licensing, regulation and zoning laws. Synthetic Drugs: SUPPORT expanding the controlled substance schedule to include new iterations of synthetic formulas that mimic the effects of illegal drugs. SUPPORT prohibiting certain types of packaging and marketing of any products claiming to mimic the effects of illegal drugs. Pain Management Clinics: OPPOSE preemption of the regulation of pain management clinics to the state. County Emergency Radio Systems: OPPOSE legislation that would shift funds or impede counties from building and maintaining an interoperable radio communication system as authorized by statute. Crime Lab Funding: SUPPORT additional funding for locally-operated crime analysis laboratories. Copper and Other Metals Thefts: SUPPORT legislation strengthening laws related to copper and other metals thefts and secondary metals recyclers to deter thefts from local governments, businesses and individuals. SUPPORT legislation increasing the penalties for illegal purchase of scrap metals. OPPOSE legislation preempting local scrap metal ordinances from being more restrictive. 25 Packet Pg. 450  2014-15 Legislative Program EMERGENCY MANAGEMENT Emergency Management Preparedness and Assistance (EMPA) Trust Fund: SUPPORT maintaining the original intent and purpose of the EMPA Trust Fund, which is to serve as a funding source for state and local emergency management programs, by ensuring that all monies collected for purposes of funding emergency management, preparedness and assistance are deposited into the EMPA Trust Fund and spent on emergency management activities. Accordingly, FAC’s OPPOSES legislative sweeps of the EMPA trust fund for non-emergency management purposes and SUPPORTS an increase to the county base grant funding, which has remain unchanged for nearly a decade. SUPPORT changes to the EMPA trust fund by ensuring the $2.00 and $4.00 annual surcharge on all homeowner and business insurance policies is assessed on either a per-parcel or per-unit basis of coverage, rather than on a single policy. SUPPORT a repeal of the service charge to general revenue on the EMPA trust fund and redirect these monies back to the counties in the same manner in which the EMPA base grant is distributed. Shelter Funding and Standards: Consistent with the provisions of s. 252.385, F.S., which states that it is the intent of the Legislature that this state not have a deficit of safe shelter space by 1998 and thereafter, SUPPORT additional state funding for hurricane shelter spaces, including retrofitting existing facilities, and providing for the increased cost of construction for Enhanced Hurricane Protection Areas (EHPA) associated with new school construction. SUPPORT statutory revisions requiring nursing homes and assisted living facilities to have back-up power supply sources that operate a majority of the mechanical systems in the facility for a minimum of 72 hours. SUPPORT state funding for county and regional special needs patients and shelters. Background Checks for Emergency Volunteers: SUPPORT a legislative review of the intent of background screening requirements of Chapter 2010-14, Laws of Florida with respect to volunteers in emergencies. Persons with Special Needs: SUPPORT legislative changes to s.252.355 F.S. that provide additional privacy protections to all individuals who voluntarily register with local emergency management agencies. Emergency Operation Centers (EOCs): SUPPORT continued state funding for county EOCs to ensure each is able to meet the minimum structural survivability and operational space criteria established by the state and federal government and the American Red Cross. Disaster Funding: SUPPORT a 50/50 cost-share arrangement with the state for the non-federal portion of the Hazard Mitigation Grant Program (HMGP). SUPPORT the 26 Packet Pg. 451  2014-15 Legislative Program current HMGP fund allocation and project selection process defined in Rule 9G-22, Florida Administrative Code. SUPPORT the creation of an emergency bridge loan program for counties to provide a source of expedient cash flow to counties impacted by a major catastrophe. Alternatively, SUPPORT expanding the current Florida Small Business Emergency Loan Program by making counties eligible applicants. Emergency Management Credentialing: To strengthen the professionalism of County Emergency Management Directors, SUPPORT efforts that provide enhanced training and education opportunities for County Emergency Management employees. OPPOSE any state mandated training and hiring requirements for County Emergency Management Directors. 27 Packet Pg. 452  2014-15 Legislative Program Lisa M. Hurley, Esq., Legislative Director lhurley@fl-counties.com Federal Phone: 850-922-4300 Fax: 850-488-7501 Eric Poole, Assistant Legislative Director Email: epoole@fl-counties.com Phone: 850-922-4300 Fax: 850-488-7501 WATER Waters of the United States (WOTUS): SUPPORT legislation that clarifies that local streets, gutters, and other stormwater infrastructure are excluded from the definition of “Waters of the U.S.,” while also requiring federal agencies to consult with state and local officials to identify which waters should be federally regulated and which should be left to the states. TRANSPORTATION & INFRASTRUCTURE MAP-21 Reauthorization: SUPPORT passage of a new surface transportation authorization bill that provides long-term funding certainty, restores solvency to the Highway Trust Fund, and distributes to high growth states like Florida at least 95% of all highway funds by formula. FEMA Mapping Procedures: • As FEMA amends flood hazard maps for Florida’s counties, SUPPORT the agency’s full coordination with local governments and technical experts to ensure technical and scientific accuracy of any final maps, which have the potential for negative economic impacts. Monitoring Issues NATIONAL FLOOD INSURANCE PROGRAM National Flood Insurance Program (NFIP) Reform: FAC SUPPORTS legislative efforts, policies and programs that ensure all property owners can receive affordable flood insurance within a program framework that helps the NFIP become financially stable. 28 Packet Pg. 453  2014-15 Legislative Program ENERGY, ENVIRONMENT & AGRICULTURE Oil Pollution Act of 1990 (OPA): SUPPORT revisions to OPA to provide for greater participation from local governments as primary first responders in the protection of local communities. Offshore Energy Production: Monitor and report on the potential for expansion of offshore energy exploration in Florida’s federal waters. Numeric Nutrient Criteria: Monitor and report on activities associated with proposed numeric water quality criteria for lakes, flowing waters and canals. TAX REFORM Tax-Exempt Status of Municipal Bonds: SUPPORT the preservation of the existing tax-exempt status of municipal bonds. Oppose legislative provisions that would repeal or eliminate the tax exempt status of municipal bonds. Oppose legislative provisions that would repeal, limit or “cap” the deduction for interest earned on new and outstanding municipal bonds. Marketplace Fairness Act: Monitor and report on the status of legislative provisions for the collection of sales and use taxes from remote sellers and the effect on a state’s ability to enforce state and local sales and use tax laws. ENTITLEMENTS AND APPROPRIATIONS Block Grants: Monitor and report on the status of funding for the Social Services Block Grant, the Community Services Block Grant as well as the program’s formula grant structure. Oppose any efforts to eliminate or reduce block grant funding. Immigration: Monitor and report on the status of federal reimbursement to counties for all costs related to detaining, and transporting undocumented immigrants. Monitor and report on the reauthorization of the State Criminal Alien Assistance Program (SCAAP), to reimburse state and local costs of incarcerating undocumented criminal aliens. HEALTHCARE & HUMAN SERVICES Health Care: Monitor and report on implications of health care reforms for potential fiscal and health delivery impacts. Monitor and report on implementation of the Patient 29 Packet Pg. 454  2014-15 Legislative Program Protection and Affordable Care Act and changes to Medicaid that would further shift the financial burden to states and counties. Veterans Health: SUPPORT NACo’s efforts to assure that: • U.S. Department of Veterans Affairs (VA) funds are made available to reimburse counties for the services provided to veterans eligible for VA services and for services provided to veterans awaiting determination of eligibility. • VA funds are made available to reimburse services provided to veterans eligible for VA services by public and private providers under contract with the VA. • U.S. Department of Defense (DOD) funds are made available to reimburse counties for the services provided to veterans eligible for DOD services. • Appropriate county level data are available so that counties know how many veterans are returning to their local areas. 30 Packet Pg. 455 State Legislative Priorities – BCC priorities also identified by FAC • Support legislation to amend Section 403.0893 F.S. to provide authorization for stormwater utilities to charge and collect fees from all beneficiaries to include non- profits, schools, churches, etc. of the stormwater utility system. • Support increasing the cost cap (from $400,000 to $750,000) for counties to self-perform road improvement projects using the Constitutional Gas Tax proceeds. • Support legislation allowing Strategic Intermodal Systems (SIS) funds to be used on roads and other transportation facilities not designated in the SIS network if the improvement relieves congestion on the SIS. • Support State funding of derelict vessel removal and the Boating Improvement Fund program. • Support legislation that reduces County jail expenses by setting the amount paid by Counties to medical providers for health care services for inmates and arrestees at no higher than the established Medicare rate plus 10%; the same rate as currently charged by the State Department of Corrections. • Oppose any legislation or rule that would change juvenile detention cost share assessment as determined by the recent DOAH order • Support legislation that would have DJJ assuming responsibility for all secure juvenile detention – predisposition or otherwise • Support increased funding for core mental health and substance abuse programs. Increased funding may improve early identification, intervention, and treatment of mental illness. Having effective mental health programs should also decrease populations in State prisons and County jails and juvenile detention, as well as homelessness and the costs associated with these programs. • Oppose any legislation that would increase the amount of time that a defendant would spend in custody before being placed on pre-trial release • Oppose any legislation that would limit a defendant’s qualifications for pretrial release supervision or otherwise weaken pretrial services programs • Support the continuation of Coordinated Transportation Disadvantaged system and to avoid costly duplication of TD Systems • Support legislation that would exempt sales taxes on commercial leases, phased out over a 4-to-5 year period. • Support legislation to reauthorize existing statewide enterprise zone incentive programs [currently due to sunset in June 2015] • Support the continuation of a dedicated state funding resource for beach renourishment and a significant increase in statutory funding level for beach projects as part of Amendment 1 implementing legislation. • Support establishing a cap on growth in the individual county Medicaid costs under s. 409.915, F.S. to address the anticipated cost shifts that result from the transition to a Medicaid enrollee based cost-sharing system. Packet Pg. 456 State Legislative Priorities – BCC priorities not identified by FAC • Support legislation that would provide an equitable share of State DMV drivers licenses with the counties who are providing the drivers license services via the County Tax Collector offices • Support continued State Aid to Libraries • Support reimbursement to counties for overcharges for juvenile detention costs. Okaloosa County’s overcharges are approximately $3.1 million. • To enhance and maintain the independence of the state’s five water management districts. Northwest Florida is facing totally different issues than South Florida related to water supply • Oppose the Competitive Consultants Negotiations Act (CCNA). The current system is working great and does not need to be changed. Right now, we select the most qualified consultant for each particular project, and then negotiate to come to terms. If that were changed to make it price based, we could be severely affected by having to hire less-than- qualified engineering firms to perform critical infrastructure projects. To do this would be making the engineering profession a commodity • Support changes to 125.0104 F.S. to allow counties to use a portion of bed taxes for additional uses in the tourism special districts, e.g., for increased law enforcement needs related to tourism, infrastructure projects like sidewalks, stormwater and road repairs, and other discretionary needs as approved by County Board of Commissioners. Packet Pg. 457 State Funding Opportunties – Draft North County • PJ Adams expansion and improvements: The four lane widening project, specifically from Highway 85 to Interstate 10. • Lake Silver Park: Installation of playground, swimming, and camping areas near the creek. • Widening of Highway 85 from current four lanes to six lanes, north from Duke Field off-ramp to PJ Adams. • Bob Sikes Airport (CEW) expansion: add 45,000 square foot hangar; utilities; 7,000 square foot office space; 150 parking stalls. • Shoal River Off-line Reservoir & Surface Water Treatment Plant – no funding needed now, but $40M - $60M in the future This is a long-term project that would provide future water supply to the area via conjunctive use – where drinking water would either come from existing groundwater (wells) or new surface water treatment plant (water from the off-line reservoir and/or direct withdrawal from Shoal River). We are currently in the land acquisition stage and believe we have enough funding for that. At some point in the future, when the need is there (either demand increases or regulatory mandate), we will look to construct the reservoir, water treatment plant, and other associated infrastructure, such as roads and utilities to it. Needless to say, we do not need any construction money right now for this project, but certainly will be looking for funding in the future. We have been working closely with the Mobile office of the U.S. Army Corps of Engineers for several years on feasibility studies for the proposed Shoal River Offline Reservoir and Treatment Plant. The Corps has come through with several grants under their Planning Assistance to States (PAS) funding and the NWFLWMD has also invested significant financial resources towards this project. • Bob Sikes WRF Absorption Bed Expansion - $1.5M Expand effluent disposal capacity from 0.38 MGD to 1.117 MGD to match that of the WWTP, better posturing for growth at the BSIP & other areas of unincorporated Crestview, such as Hwy 90 East (Shoal River Ranch area) or areas north of Airport Road. • Bob Sikes Industrial Park Lift Station & Force Main Replacement/Upgrade - $0.9M Replacing and upgrade this infrastructure would better posture the Bob Sikes Industrial Park (BSIP) for future growth. There is currently a small lift station & force main that collects and transmit takes everything west of the runway. For the area west of the airport to develop (Adora Teal & John Givens), this lift station & force main really need to be larger. • Water & Sewer Main Extensions to the Shoal River Ranch - $2.1M These water/sewer line extensions would possibly help to spur economic growth to Hwy 90 East. Estimate is for main extensions to the intersection of Hwy 90 & Jericho Rd. South County • Supplemental Reclaimed Water Project - $8M Project consists of constructing infrastructure to transmit up to 4 million gallons per day of reclaimed water from Okaloosa County Water & Sewer’s wastewater plant in Ft. Packet Pg. 458  Walton Beach to the City of Niceville and Eglin Air Force Base to use for irrigation. Proposed infrastructure consists of approximately 10 miles of 20” pipe, 1 mile of 12” pipe, and equipment at the Arbennie Pritchett Water Reclamation Facility. The Eglin Community Partnership Initiative ranks this as one of the top projects in NW Florida, as evidenced by a Memo of Understanding that was recently executed by Eglin AFB (General Harris), the County, and the City of Niceville. We have recently applied to NW Florida Water Management District (NWFWMD) for a community assistance grant to complete all design and environmental work to get the project shovel ready. The state categorizes Reclaimed Water as Alternate Water Supply projects. This project meets both immediate and long-term needs by re-using an available resource to keep our potable water supply and environment sustainable. This project is currently unfunded, but we hope to obtain the NWFWMD grant, and then obtain appropriations/grants incrementally to complete the construction. We have been working closely with the Mobile of the U.S. Army Corps of Engineers • Lake Pippin Area Sewer Improvements Project - $2M The Lake Pippin Area consists of 125 single-family homes directly on the north shore of Choctawhatchee Bay. Currently, these homes are on septic tanks with drain fields that discharge into the watershed of Lake Pippin and Choctawhatchee Bay. This project, estimated at $4M, would design and install public sewer to the 125 homes by upgrading backbone infrastructure and installing new mains, lift stations, and services. The estimate also includes payment of the Capacity Expansion Charges, land acquisition, and installation of plumbing from homes to the services in the public right-of-way. The project improves the environment in terms of water quality – instead of septic tank effluent discharging into the Lake Pippin/Choctawhatchee Bay watershed, where wildlife lives and the public enjoys recreation, it would be centrally collected and transmitted to our state-of-the-art Arbennie Pritchett Water Reclamation Facility for treatment and disposal. During the 2014 legislative session, we received a state appropriation of $2M, administered via a FDEP Grant Agreement. Therefore, another $2M is needed to complete the project. • East County Sewer Transmission Main - $4.0M This sewer force main will divert all the wastewater from the East County Area (Bluewater Bay) from the current regional wastewater treatment plant to OCWS’ Arbennie Pritchett Water Reclamation Facility. For OCWS, it is less expensive for operations & maintenance to treat our own wastewater than pay the regional plant. In addition, with the County’s flow diverted from this plant, capacity at the regional plant is now available for the City of Niceville, allowing for more development to occur. • Meigs-Seminole Lift Station and Associated Force Mains - $1.6M This lift station pumps all the wastewater from the East County Area (Bluewater Bay) to Rocky Bayou Lift Station and ultimately on to a regional wastewater treatment plant. Rocky Bayou Lift Station is aging and has serious capacity and odor problems; it is also located at a precarious location, adjacent to a canal off of Rocky Bayou. Rocky Bayou Lift Station can be eliminated by upgrading Meigs-Seminole Lift Station installing two associated force mains. • Poquito Bayou Water Main & Sewer Force Main Directional Bores - $0.3M OCWS has a 10” water main and a 8” sewer force main under Poquito Bayou, which connects the Poquito/Longwood Area to the rest of the water/sewer system. These mains Packet Pg. 459  are aging cast iron pipes laying on the bottom of the bayou in places. This represents a significant risk to the environment, particularly with the sewer force main. This project will replace both lines with new directional bores (high density polyethylene pipe). • South Avenue Stormwater Pipe Replacement and Upgrade: Replace approximately 1,300 linear feet of stormwater piping (typically 60” diameter) that is failings due to corrosion. Failures are leading to significant sediment deposit into Cinco Bayou. Additional water quality improvements could be made by installing a stormwater separator structure prior to the system outfall. Approximate construction costs are $750,000 for materials and labor for installation. • Cinco and Poquito Bayou Stormwater Separator Structures: At 5 locations along Cinco and Poquito Bayous outfalls are depositing significant amounts of sediment and debris. Installation of stormwater structures either at the water’s edge or the adjacent right-of-way would improve the quality of runoff entering into the bayous. Each structure costs approximately $100,000. • Matthew Boulevard Turn Lane Improvements: With the growing traffic in the Destin area Commons Drive has become heavily traveled by locals and tourists. Recent modifications along Commons Drive has improved traffic flow to the point where Matthew Boulevard often backs up into the adjacent round-about. Installation of a second left turn lane would double the storage capacity and even offer shorter red times along the adjacent arterial Highway 98. Improvements are estimated to cost approximately $400,000. Packet Pg. 460  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 16, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: County Administrator’s Employment Agreement DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: At its meeting of December 2, 2014, the Board unanimously voted to hire John Hofstad as County Administrator for Okaloosa County. The Board further directed the County Attorney, in consultation with the Chairman and Human Resources Director, to negotiate an Employment Agreement setting forth the terms of Mr. Hofstad’s employment. BACKGROUND: Effective October 1, 2014, Ernie Padgett retired as County Administrator for Okaloosa County. The Board appointed John Hofstad as Interim County Administrator for a period of ninety (90) days. On December 2, 2014, the Board voted to hire John Hofstad as the permanent County Administrator by a vote of 5-0 and directed the County Attorney, in consultation with the Chairman and Human Resources Director, to negotiate an Employment Agreement setting forth the terms of Mr. Hofstad’s employment. A proposed Employment Agreement has been prepared and is being presented for the Board’s consideration. The pertinent terms of the Employment Agreement are as follows: • Salary of $137,009.60. (The non-even amount of the salary is to conform to the County’s payroll system which requires a salary that is divisible by the total number of annual hours). • Provisions for the termination with or without cause. • Severance of three month’s salary if terminated without cause (maximum allowed under State law is five month’s severance). • Use of a County vehicle. • The County will reimburse Mr. Hofstad for the actual premiums for a term life insurance policy of $200,000. The obligation for reimbursement shall continue as long as he is County Administrator and up to a maximum of $750.00 per year. • Leave accumulated in accordance with the County’s policies related to all employees. • Health, dental and other group insurance coverage provided in accordance with the County’s policies related to all employees. Additional provisions are consistent with the benefits and terms provided for past County Administrators. OPTIONS: Approve or deny. RECOMMENDATIONS: That the Board approve the proposed Employment Agreement between Okaloosa County and John Hofstad as County Administrator and to authorize the Chairman to execute the Employment Agreement on the Board’s behalf. Packet Pg. 461 RECOMMENDED BY: Gregory T. Stewart, County Attorney RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator Packet Pg. 462  EMPLOYMENT AGREEMENT THIS AGREEMENT made and entered into this ____ day of ________, 2014, by and between OKALOOSA COUNTY, a political subdivision of the State of Florida, acting by and through its Board of Commissioners, hereinafter referred to as “County” and JOHN HOFSTAD, hereinafter referred to as “Employee”. W I T N E S E T H: WHEREAS, County desires to employ the services of John Hofstad as County Administrator of Okaloosa County as provided by Okaloosa County Ordinance No. 93-17 and Chapter 125, Florida Statutes, and to provide for compensation, employee benefits and to establish the condition of said employment; and WHEREAS, it is the desire of County to: 1. Secure and retain the services of Employee and to provide inducement for him to remain in such employment; and 2. To establish the terms for such employment and the benefits to be received for the services to be provided by the Employee; and 3. To establish the conditions for the termination of the Employee’s services. WHEREAS, Employee desires to accept employment as County Administrator of said County under the terms and conditions set forth herein; 1 Packet Pg. 463  NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the sufficiency of which are acknowledged by both parties, County and the Employee do agree as follows: 1. DUTIES The County hereby agrees to employ said Employee and the Employee hereby accepts employment as County Administrator of Okaloosa County (formerly County Manager) to perform the functions and duties specified in Ordinance No. 93-17, Chapter 125, Florida Statutes, and such other legal and proper duties and functions as the Board of County Commissioners shall, from time to time, assign. 2. TERM A. Nothing in this Agreement shall limit, prevent or otherwise interfere with the right of the County to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3, paragraphs A, B and C of this Agreement and Ordinance No. 93-17. B. Nothing in this Agreement shall limit, prevent or otherwise interfere with the right of Employee to resign at any time from his position with the County, subject only to the provision set forth in Section 3, paragraph C of this Agreement. C. Employee agrees to remain in the exclusive employ of the County, and shall neither accept nor become employed by any other employer. The term employed shall not be construed to include occasional teaching, writing or other jobs performed on Employee’s time off as long as it does not conflict with County employment, provided that such activity shall be approved by the Board of County Commissioners prior to commencing such activities. 2 Packet Pg. 464  3. TERMINATION AND SEVERANCE PAY A. In the event Employee is terminated by the Board of County Commissioners without cause, and during such time the Employee is willing and able to perform the duties of County Administrator, then, in that event, the County agrees to pay the Employee, within sixty (60) days of the effective date of the termination, a lump sum cash payment that is equal to his then current three (3) months aggregate base salary, less any mandatory withholding as required by law (the “Severance”). Such termination shall be designated as “Termination for Convenience.” In the event Employee is terminated because of his arrest or conviction for any felony or for any crime involving fraud, theft or moral turpitude, then, in that event, County shall have no obligation to pay the Severance designated in this paragraph. Such termination under those circumstances shall be designated as “Termination for Cause.” B. In the event County, at any time during the employment term, reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across- the-board reduction for all County employees; or, in the event County refuses, following written notice, to comply with any other provisions benefiting the Employee herein, then, Employee may, at his option, be deemed to be terminated at the date of such action and such action shall be deemed a Termination for Convenience” and the provision of paragraph A shall take effect. C. In the event Employee voluntarily resigns his position with County, then Employee shall not be eligible for termination and severance pay and shall give County at least sixty (60) days notice in advance unless waived at the sole discretion of the Board of County Commissioners. 3 Packet Pg. 465  4. SALARY A. County agrees to pay Employee for services rendered pursuant to an annual base salary of $137,009.60, which shall be payable in equal installments at the same time as other employees of County are paid, said salary to commence upon first full day of the next pay period following the approval of this Agreement by the Board. The County shall provide the Employee with a vehicle for the performance of official business on behalf of the County which shall be allowed to be fueled and maintained by the County. B. As a condition of employment, Employee shall maintain a residence in Okaloosa County. C. Employee shall receive a cost of living increase or market adjustment increase at the time and in the amount received by other County employees, if one is given. On each annual anniversary date of Employee’s employment with County, Employee shall be given an annual performance evaluation by all Commissioners, and based on a composite score arrived at by averaging the ratings of all Commissioners, Employee shall receive a performance increase at the time and in the amount received by other County employees, if one is given. 5. HOURS OF WORK It is recognized that Employee will frequently work more than forty (40) hours per week and will often devote a great deal of his time outside normal office hours to business of the County and, to that end, Employee will be allowed to set his own office hours, provided that the business of the County shall take priority and that the work schedule maintained by Employee shall have no adverse effect upon County operations. Nothing herein shall be construed to require the payment to Employee of overtime or compensatory time. 4 Packet Pg. 466  6. PROFESSIONAL DEVELOPMENT A. County agrees to budget and pay the professional dues, certifications and subscriptions of Employee necessary for his continuation and full participation in national, state and local professional organizations necessary and desirable for his continued professional participation and growth and for the good of the County. B. County, in its sole discretion, agrees to budget annually a sum sufficient to pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of the Employee and to pursue official functions of the County. All out of state travel shall be subject to the prior approval of the Board and may include short courses and seminars. 7. RETIREMENT, VACATION AND SICK LEAVE A. Employee shall accrue annual leave and sick leave each month in accordance with the same policies and provisions that are applicable to all other employees of the County. All provisions of law, and the regulations, rules and policies of County relating to holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall also apply to Employee as they do to other employees of the County, in addition to said benefits enumerated herein specifically for the benefit of Employee. B. Employee shall be eligible for participation in the Florida Retirement System in accordance with the provision of law and the regulations, rules and policies of the County. C. Upon termination, resignation, or retirement, whether voluntary or involuntary, County shall compensate Employee for vacation and sick leave in accordance with the then prevailing County policy. 5 Packet Pg. 467  8. INSURANCE COVERAGE A. County shall provide health, dental and other group insurance coverage for Employee under the same policies that County provides said insurance for other County employees. Further, in addition to any insurance policies obtained by the Employee through the County’s group insurance coverage, the County shall reimburse the Employee the actual cost of premiums paid by the Employee for a term life insurance policy not to exceed the amount of $200,000 and the total annual obligation of the County for reimbursement of these premiums shall not exceed $750.00 per year. Such obligation to reimburse the premiums shall exist as long as the Employee holds the position of County Administrator. B. County shall furnish and provide Employee with insurance protection, including comprehensive general liability, errors and omissions coverage, and public official liability applicable to all acts of Employee arising out of his employment which shall be similar to what other governmental jurisdictions provide for this type coverage. In addition, County agrees to pay for the costs of defense of Employee arising out of any suits connected with his employment and any settlement thereof, unless it is found that Employee was acting in gross negligence, bad faith or with malicious purpose. 9. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The Board of County Commissioners shall fix any other such terms and conditions of employment as it may determine from time to time relating to the performance of the Employee, provided such terms and conditions are not inconsistent with, or in conflict with, the provision of this Agreement or any ordinance or law. B. Except as otherwise provided herein, all provisions of County law, rules and regulations, as they now exist or may be amended, shall apply to Employee. 6 Packet Pg. 468  C. The Employee shall be provided, at County expense, the use of a cell phone, laptop computer, IPad or other similar tablet device and such other electronic devices which would assist him in the performance of his duties. 10. GENERAL PROVISIONS A. This Agreement constitutes the entire agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, and executors of Employee. C. If any provision or any portion thereof contained in this Agreement is held to be unconstitutional, illegal, invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. D. This Agreement shall become effective upon approval by the parties. WHEREFORE, the parties have executed this Agreement the date and year first above written. COUNTY: BOARD OF COUNTY COMMISSIONERS ATTEST: OF OKALOOSA COUNTY, FLORIDA CLERK CHAIRMAN EMPLOYEE: JOHN HOFSTAD 7 Packet Pg. 469