Okaloosa County BOCC — October 15, 2013 — Action Item Printout — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: September 17, 2013 TO: Honorable Chairman and Members of the Board FROM: Daniel O'Byrne SUBJECT: Interlocal Agreement with Destin Fire Control District for Beach Safety and Lifeguard Services DEPARTMENT: Tourist Development Department BCC DISTRICT: All STATEMENT OF ISSUE: The Tourist Development Department requests that the Board approve, and authorize the Chairman to execute, the attached proposed Interlocal Agreement with the Destin Fire Control District for beach safety and lifeguard services (“Agreement”). BACKGROUND: The Destin Fire Control District (“District”) has been providing beach safety and lifeguard services within the area between Destin East Pass and the Okaloosa/Walton County line, excluding Henderson Beach State Park, since 2003. As the provision of a safe beach is an essential component of promoting the sub-county taxing district, the County has historically funded these services by use of tourist development tax revenues. These services have been provided without a written formalization of the respective obligations of the County and of the District. Due to policy changes instituted by the County, a formal written agreement is required to continue these services and expend County funds. As a result of the transition to this policy, the District has been providing these services and has not been paid for any services rendered since October 1, 2012. To remedy this, the term of the Agreement is from October 1, 2012 to September 30, 2014, with an option to extend for two additional one year terms. The attached Agreement has been negotiated with the District and reviewed by the County attorney, and sets forth the terms and conditions by which the District shall provide beach safety and lifeguard services. The following is an abbreviated list of pertinent terms included in the Agreement: Funding • The Agreement is completely dependent on the appropriation of legally available funds by Okaloosa County. In the event such funds are not appropriated for any reason, the Agreement shall terminate and be considered as void and the District will be paid the pro-rated amount for services actually performed up to the date of termination. • The parties acknowledge that these services are being funded exclusively through proceeds of the Tourist Development Taxes levied by the Okaloosa County Board of County Commissioners. In the event that it is legally determined that such tax  proceeds may not be used for these purposes, then the Agreement shall terminate immediately with services previously rendered by the District being payable as described above. Termination • Either party may terminate the Agreement by giving written notice no less than 30 days prior to the end of the current Season, as defined in Exhibit A. No termination shall be effective until conclusion of the current Season. Compensation • FY 12-13: $517,000 • Any subsequent year: An amount equal to that which is budgeted and appropriated to the County’s Beach Safety Division. Marketing Efforts • The District agrees to place the Okaloosa County tourist development logo (“Logo”) on equipment and vehicles used to provide services under the Agreement. Said Logo shall be provided by the County and shall be non- permanent. Additionally, the District agrees to work with the County to enhance marketing efforts of the sub-county taxing district. Such marketing efforts shall include, but not be limited to, social media development and interaction, public relations and publicity initiatives, webpage links and landing pages, and photography and video. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve the Interlocal Agreement with Destin Fire Control District for beach safety and lifeguard services. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator