Okaloosa County BOCC — October 7, 2014

Agenda Okaloosa County Board of Commissioners Tuesday, October 7, 2014– 8:30 AM Crestview Courthouse I. Employee Awards II. Public Information Update 1. Public Information Update –Pg. 6 III. County Administrator's Update IV. Commissioner's Minute V. Public Comments Related to Current Agenda VI. Public Hearing 1. Final Adoption Hearing for T-A-R, LLC Future Land Use Map Amendment –Pg. 13 VII. Visitor 1. Tax Collector to present information on excess fees –Pg. 45 VIII. Consent Agenda 1. [AP] Request approval of Payment to Gulf Power Economic Development Fund –Pg. 46 2. [CAO] Per Florida Statute 136.06, a link to warrants (County Expenditures) is provided for Board and Public information and review –Pg. 58 3. [CAO] Request consideration and staff direction concerning approval of Fiscal Year 2015 2nd Quarter BCC Meeting calendars. District: All. –Pg. 60 4. [CAO] Approval of Budget Resolutions & Transfers –Pg. 64 5. [CAO] Request approval of minutes for the August 5, 2014 Regular Meeting, August 12th Budget Workshop & August 19th Executive Session. –Pg. 73 6. [CAO] Request approval of a request submitted by the Tax Collector's office for Extension of the Tax Roll per State Statute. –Pg. 104 Revised: 10/2/2014 2:41 PM Page 1 of 5 Regular Meeting (North) Agenda October 7, 2014 7. [CAO] Request approval of a Public Event Permit for an intersection charitable collection - "Mission Punta Gorda, Belize" fundraiser, to be held October 25, 2014 with a rain date Nov. 8, 2014 at various intersections in the Fort Walton Beach area from 9:00am to 5:00pm. Sponsored by Gulf Coast City Church –Pg. 107 8. [CAO] Request approval of and authorize the Chairman to execute a Proclamation establishing October 20, 2014 as the celebrated day of the West Florida Regional Planning Council's 50th Anniversary. –Pg. 110 9. [CAO] Request approval of and authorize the Chairman to execute a Proclamation establishing October 2014 as "Florida Manufacturing Month" in Okaloosa County. –Pg. 113 10. [CAO] Request approval of and authorize the Chairman to execute a Proclamation establishing October 23-31, 2014 as "Red Ribbon Week" in Okaloosa County. –Pg. 116 11. [CAO] Request approval of a Resolution submitted by Surety Land Title of Florida, LLC for an Okaloosa Island Leasehold Conversion. –Pg. 120 12. [GM] Request approval of setting Public Hearing for 5307 Grant Program of Projects –Pg. 124 13. [GM] Request approval of the appointment of Allen Dewayne Barlow to the Electrical Competency Board –Pg. 126 14. [Non-BCC] Request approval of Sheriff Law Enforcement Trust Fund disbursement for Parental Involvement (via S4P Synergy) –Pg. 127 15. [PS] Request approval for direct payment of the August 2014 Airgas invoice in the amount of $3,164.28. –Pg. 138 16. [PS] Request approval to ratify the Chairman's signature on Amendment #007 (Contract Renewal) to Contract #AH105 –Pg. 182 17. [PUR] Seeking Approval to Negotiate Contract for professional architect/engineer (A/E) services to administer and inspect third-party construction of the Northwest Florida Regional Airport Baggage Handling system. (AP 70-14) –Pg. 250 18. [PUR] Seeking Approval to Negotiate Contract for professional engineering services for Geographical Information Systems (GIS). (IS 62-14) –Pg. 255 19. [PUR] Purchasing seeks authorization from the Board to auction surplus items. –Pg. 258 20. [PW] Request approval of a Special Event Permit to utilize a portion of the beach behind The Boardwalk and John Beasley Park on Okaloosa Island for a fitness challenge to be held October 11, 2014, sponsored by Battle Tested Studios and Southern Events Management. –Pg. 262 21. [PW] Request to Write Off Solid Waste Uncollectable Accounts –Pg. 268 Okaloosa County Board of Commissioners Page 2 Printed 10/2/2014 Regular Meeting (North) Agenda October 7, 2014 22. [PW] Board of County Commissioners is requested to authorize final payment to Willingham Construction in the amount of $11,000 for red clay delivered to holding ponds in Baker. –Pg. 274 23. [PW] Request acceptance of a drainage easement for property along the west side of William Gary Johnson Road to facilitate stormwater conveyance in conjunction with improvements to the road. –Pg. 285 24. [PW] Request approval of a Special Event Permit to utilize a portion of the Boardwalk parking lot on Okaloosa Island for a five day Hog Rally to be held October 21 - 25, 2014, sponsored by Florida State Rally, Inc. –Pg. 288 25. [TDD] Request approval of sole source forms for GAMPI and Google for Peter Mayer task order 121. –Pg. 293 IX. Department Business A. Dino Villani/Public Safety 1. Request approval of the Interlocal Agreement with Okaloosa Island Fire District to provide fire protection services to County-owned properties within the Okaloosa Island Service Area –Pg. 307 B. Jeff Littrell/Water & Sewer 1. Using CIP Funds "Freed Up" By Grants In Lieu Of A Rate Adjustment –Pg. 321 2. Request to execute a Grant Agreement with the Florida Department of Environmental Protection for the Okaloosa Island/Wright Area Gravity Sewer Rehabilitation Project. Districts: 2 & 4. –Pg. 323 C. Zan Fedorak/Purchasing 1. Seeking Approval for Award of Bid for Tanglewood/Overbrook Stormwater Improvements Grant (PW 71-14). –Pg. 350 2. Requesting approval for contract negotiations for Architectural, Engineering & Aviation Planning Services. (AP 54-14). –Pg. 353 D. Ed Schroeder/Tourist Development 1. Selection of TDC Chairman & Vice-Chairman for FY 2015. –Pg. 357 Okaloosa County Board of Commissioners Page 3 Printed 10/2/2014 Regular Meeting (North) Agenda October 7, 2014 2. Request approval for Chairman to sign interlocal agreement renewal with the Destin Fire Control District for Beach Safety & Lifeguard Services. –Pg. 358 3. Request approval of payments for Special Events and Sponsorships in a reasonable and consistent manner for documented marketing activities that do not involve payment to third-party vendors. –Pg. 362 E. Sunil Harman/Airports 1. Request approval of two Supplemental Joint Participation Agreements from FDOT –Pg. 364 2. Request approval of request to reject all bids for the construction of Destin Airport Air Traffic Control Tower and advertise for a new Request for Bids for the construction of the project –Pg. 376 3. Request approval to solicit a Request for Bids for construction of the Aircraft Rescue and Fire Fighting Facility on Eglin AFB –Pg. 380 F. Elliot Kampert/Growth Management 1. Review of Project 379008-DEV-2014 AT&T Wireless-Ross Hunt site –Pg. 384 2. Amendment No. 2 to Okaloosa County Transit Agreement #C03-0927-GM –Pg. 393 3. Request approval of after-the-fact authorization to extend the expiration of Grant AQH83 –Pg. 448 4. Request approval of letters to be sent to cities regarding public transportation funding –Pg. 449 G. Jason Autrey/Public Works 1. Execution of Hazardous Waste Cooperative Arrangement Grant Agreement # S0717 –Pg. 468 2. Request approval of the first proposed Amendment to the Kelly Plantation Outparcel Infrastructure Agreement with Synovus Bank. –Pg. 525 3. Amendment # 2 to Kessler Consulting Inc Contract # C10-1781-PW –Pg. 564 4. Request approval of the Scope and Fee for HDR, Inc. To Perform Environmental and Engineering Services for the Development of Foy Shaw Parkway at Bob Sikes Airport –Pg. 568 Okaloosa County Board of Commissioners Page 4 Printed 10/2/2014 Regular Meeting (North) Agenda October 7, 2014 5. Request approval of Mosquito Control - FY15 Florida Department of Agriculture and Consumer Services Agreement –Pg. 625 6. Request approval of the transfer of right-of-way along a portion of Redstone Ave. to the City of Crestview –Pg. 639 X. New Business 1. Request the Board consideration and approval of the proposed leased space allocation plan in the old Fort Walton Beach Hospital for Opportunity Inc and Elder Services. –Pg. 652 XI. 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 5 Printed 10/2/2014  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Kathy Newby, Public Information Officer SUBJECT: Public Information Officer Presentation The Public Information Officer's PowerPoint presentation is attached. Packet Pg. 6  www.okaloosafl.com Hurricane Season JUNE 1st - NOV 30th Please silence cell phones. Speak into microphone for live broadcast & give name & address. Packet Pg. 7  Administration Building Groundbreaking Sept. 29, 2014 Packet Pg. 8  Airports • Okaloosa County Airports Police Department gained recognition from the Government Security News Yearbook for the Most Notable Airport Security Program, Project or Initiative. The GSN Award program highlights the efforts of government agencies at the federal, state, county and municipal levels, that protect the country, its people and its economy every day of the year. • Southern Airways Express in Destin is offering year-round service from Destin to Memphis and Atlanta, as well as Oxford and Jackson in MS. • A new system of security was also implemented at the airport that is all digital and VPS is the first airport to receive in the nation! • VPS has a new video for the airline industry management that was filmed here, and the final version will include more information, interviews and stats and will be shown soon. Packet Pg. 9 Tourist Development Department Coastal Management Coordinator Jim Trifilio was re- elected to the Bord of Directors for the Florida Shore and Beach Preservation Association, and serve on executive committee. The association deals with coastal issues to include beach restoration and inlet management. Packet Pg. 10 Escambia, Santa Rosa, Okaloosa & State Officials Visit Ranger Camp Packet Pg. 11 Ranger Camp has been in Okaloosa for over 60 years & is 3rd phase of training for the 6th Ranger Battalion Packet Pg. 12  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: T-A-R, LLC FLUM Amendment DEPARTMENT: Growth Management BCC DISTRICT: 3 - Commissioner Boyles PUBLIC HEARING: Consideration of a request changing the use of land submitted by T-A-R, LLC relating to property located off Point Center Road, Crestview. The request is to change the Comprehensive Plan Future Land Use Map (FLUM) designation for the property from Rural Residential (RR) to Low Density Residential (LDR), or a more restrictive FLUM designation. Property contains 194.31 acres, more or less. FINAL ADOPTION PUBLIC HEARING. This item was withdrawn at the September 2, 2014 meeting. STAFF FINDINGS: • The proposed FLUM amendment is classified as a Type - 1 plan amendment which involves properties 10 acres or more in size. Type - 1 amendments must be transmitted to the State for state agency review. • The current RR FLUM category permits single-family dwellings and related uses at an allowable density of two (2) units to the acre. This density would allow up to 388 single-family dwellings on the amendment site. • The proposed LDR FLUM category permits single-family dwellings and related uses at an allowable density of four (4) units to the acre. This density would allow up to 777 single-family dwelling units on the amendment site. • Evaluation guidelines and criteria for Type - 1 amendments are specified in the Comprehensive Plan, Administration Element, Policy 1.15. After careful consideration of these criteria, staff believes the following issues warrant particular mention. c. a functional relationship of the proposed amendment to other more densely or intensely designated or development lands; Response: There are no other properties proximate to the amendment site designated by the County for low density residential use; all adjacent and nearby properties are designated RR and AG on the County’s FLUM. However, there is a subdivision within the City limits less than one half mile north of the subject property that has the density requested by the applicant (see Attachment I, City and County Zoning), as well as additional parcels bearing the City’s R-1 zoning . There are also subdivisions within the City west of State Road 85 along the Antioch corridor with the same density as requested. The property is accessed by a private, unpaved road owned by the applicant. There are two borrow bits adjacent to the amendment site and a C & D landfill just west of the site. Finally, the Antioch School is located inside the City of Crestview just north of the site. 4. The extent to which any development enabled by the amendment will promote an orderly and logical pattern of development relative to the area involved, and can co-exist in Packet Pg. 13  relative proximity to other adjacent or nearby land uses in a stable fashion over time such that no other use or condition is unduly negatively impacted directly or indirectly by another use or condition, or will otherwise interfere with the quiet use and enjoyment of properties enjoyed by other property owners in the vicinity of the amendment area. Response: While there are no other properties designated LDR on the County FLUM proximate to the amendment site, the proposed density is consistent with the character of development established by the outward growth of the City of Crestview (Attachment I). The site’s proximity to two active borrow pits and a landfill could pose issues for future residents of any development resulting from the proposed amendment. Finally, PJ Adams Road, which is one of the most congested roads in north Okaloosa County, is one of the primary roads that serve the subject property. Traffic concurrency will be an issue for any development of the property. 5. The amendment is intended to correct an oversight or mistake in the Plan or on the FLUM, or conditions and circumstances in the vicinity of the amendment area have changed to justify or give rise to a need for the amendment. Response: There are no oversights or mistakes on the FLUM to be corrected through this application. The site has been designated for rural residential use since 1990 and, in fact, has gone from 1 du/ac in 1990 to 2 du/ac in 2000. The applicant purchased the property in 2008. As noted in the application, the area south of I-10 is desirable for development due to proximity to Eglin Air Force Base. A review of aerial photographs of the area indicates that the existing subdivisions south of I-10 are substantially built out. • The amendment site is located within the Eglin North Encroachment Zone which necessitates review and comment by the County’s Military Representative. The site is not within the critical approaches or accident potential zones associated with Camp Rudder as identified in the Eglin Joint Land Use Study. • The applicant provided a letter dated January 23, 2014 from a local realtor indicating a need for building lots in the .25 - .35 acre lot size in the area south of I-10. Attached to this letter is data taken from Market Graphics Southeast which shows demand for new homes in market area MG 23 which is north Okaloosa County (Exhibit 1). However, according to Department records there have been 76 new subdivisions approved in the MG 23 area from 2004 to 2013 with a total of 5,506 building lots. • The Board approved this amendment for transmittal for state agency review on July 1, 2014. No objections were raised by any agency as a result of this review. PUBLIC COMMENT/OPPOSITION: None to date. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at a public hearing held June 12, 2014. MILITARY REPRESENTATIVE: No comment. STAFF POSITION: Staff has no objection to the proposed amendment provided the traffic concurrency and access issues are addressed during development. Packet Pg. 14  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 FLUM amendment by ordinance. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 15  GIS ANALYSIS RESULTS Date: 5/14/2014 Project: 02-2N-24-0000-0001-0000 Permit: 377126-BCC-2014 and LPA 03-14 Property Address: LOCATED OF POINT CENTER RD, CRESTVIEW, FL Previous Zoning Change: NO Proposed FLU Change: LDR Acres: 211.05 Zoning: RR FLU: RR 1990 FLU: RLDR & AG-2 Fire District: NORTH OKALOOSA Commissioner District: 3 Census Tract: 20600 Soil Type: 6 – Dorovan – nearly level, very poorly drained soils that are organic – usually in freshwater swamps or drainage ways. 12 –Lakeland sand – 0 to 5% slope, excessively drained, permeability is rapid, the available water capacity is very slow, and runoff is slow. 23 – Troup Sand – 0 to 5% slopes, well drained 24 – Troup Sand, 5 to 8% slope, well drained uplands soil 25 – Troup Sand – 8 to 12 percent slopes, well drained soil 37 –Bonifay Sand – 5 to 8% slope, well drained, permeability is rapid in the surface and subsurface layer, landfills or septic tanks should have limitations Wind Zone: Below the 140mph Flood Zone: X 500 Year Flood Plain Map Number: 12091CO 235 & 255H Storm Surge Area: No Urban Development Area: No Water Efficient Area: No Wells: None Packet Pg. 16 Environmental Data: None Historical Data: None Wetlands: Uplands & Wetlands Water and Sewer: OCWS Within 3 mile of an Airport: NO Packet Pg. 17  ATTACHMENT - A 02-2N-24-0000-0001-0000 BLACKWATER RIVER STATE FOREST GARDEN CITY BAKER CRESTVIEW HOLT SUBJECT PROPERTY Legend : Roads Location Map Packet Pg. 18  ATTACHMENT - B 02-2N-24-0000-0001-0000 0 TATE 1 R S INTERSTATE 10 INTE POINT CENTER RD RHETT ENZOR RD SUBJECT PROPERTY Legend Parcel Lines Aerial Photo : Packet Pg. 19  ATTACHMENT - C 02-2N-24-0000-0001-0000 TIKELL DR T E 10 A RST INTE INTERSTATE 10 SINGLE FAMILY 0.331189 MUNICIPAL 7.029773 VACANT NO AG ACREAGE TIMBERLAND 3 65.489735 9.991938 POINT CENTER RD 40.36867 TIMBERLAND 4 TIMBERLAND 4 RHETT ENZOR RD 57.801191 26.120852 PASTURELAND 2 29.553791 NO AG ACREAGE 64.114756 IMPROVED AG 268.107304 TIMBERLAND 4 VACANT 15.540465 9.654555 WATER MNGT/STATE 280.467788 NO AG ACREAGE 27.671164 Existing Land Use Map : Packet Pg. 20  ATTACHMENT - D 02-2N-24-0000-0001-0000 CRESTVIEW AT E 10 RST INTERSTATE 10 INTE GARRETT PIT RD D ORR POINT CENTER RD N Z E SUBJECT PROPERTY E TT RH RR AG CON WATER FR Legend RR AG CON Future Land Use Map : Packet Pg. 21  ATTACHMENT - E 02-2N-24-0000-0001-0000 C TIKELL DR AT E 10 RST INTERSTATE 10 INTE LDR GARRETT PIT RD POINT CENTER RD SUBJECT PROPERTY AG-2 RLDR PL Legend : Rural Low Density Residential (RLDR) Agricultural -2 (AG-2) Future 1990 Land Use Map ) Packet Pg. 22  ATTACHMENT - F 02-2N-24-0000-0001-0000 CRESTVIEW TIKELL DR AT E 10 RST INTERSTATE 10 INTE RR POINT CENTER RD RHETT ENZOR RD LDR RR AG CON SUBJECT PROPERTY WATER FR Legend LDR RR AG CON Proposed Future Land Use Map : Packet Pg. 23  ATTACHMENT - G 02-2N-24-0000-0001-0000 LDR ORD#: 9825 LDR From: AG-2 ARENA RD AG ORD#: 826 MU From: LDR ORD#: 825 DENISE DR CRESTVIEW From: UMU R EGAN D 0 INTERST TATE 1 AT E 10 RS INTE AN T IO CH RD POIN AG TAGCENTER RD ORD#: 505 ORD#: 331 From: RR From: RR RR AG SUBJECT PROPERTY CON FR WATER Legend : RR 1 Mile FLU Map CON LDR Packet Pg. 24  ATTACHMENT - H 02-2N-24-0000-0001-0000 LDR CRESTVIEW EGAN DR AT E 10 T E RST IN AN T IO CH RD POINT CENTER RD SUBJECT PROPERTY RD Z OR E N TT RR HE R AG CON FR WATER Legend RR AG CON Eglin Enchroachment Zone Future Land Use Map : Packet Pg. 25  02-2N-24-0000-0001-0000 EAGLE DR R-1 A ARENA RD CRESTVIEW MU R D Y RR E S BE R-2 RA AN R-1 EGAN DR TI VE O CH EA E 10 RD INTERSTATE 10 AT PPL RST INTE C-1 BA R D CRA R POINT CENTER RD SUBJECT PROPERTY N ZO TE HET R RR AA INST WATER EGLIN AFB : Legend CRESTVIEW CITY LIMITS AA R-1 A RR R-2 C-1 Zoning Map R-1 Packet Pg. 26 Packet Pg. 27 Packet Pg. 28 Packet Pg. 29 Packet Pg. 30 Packet Pg. 31 Packet Pg. 32 Packet Pg. 33 Packet Pg. 34 Packet Pg. 35 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  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board SUBJECT: Visitor - Ben Anderson Tax Collector Ben Anderson, Okaloosa County Tax Collector, to discuss successes of previous year and return of excess fees to the County. Packet Pg. 45  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Phase III Payment for Gulf Power Industrial Park Certification DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve payment of a $7,750.00 invoice from Gulf Power Economic Development Fund, Inc. for Phase III of the Crestview Industrial Air Park. BACKGROUND: On March 4, 2014, the Board of County Commissioners adopted unanimously the initiation of Phase III of the engineering services to achieve certification of the Crestview Industrial Air Park. The estimated cost presented to the Board was $7,750.00. The work has been completed and paid for by Gulf Power and an invoice to reimburse the Gulf Power Economic Development Fund is presented for the Board's approval. OPTIONS: Approve, Disapprove or Table RECOMMENDATIONS: Airport Staff recommends approval to reimburse Gulf Power for the invoice in the amount of $7,750.00. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 46 Packet Pg. 47 Packet Pg. 48 Packet Pg. 49 Packet Pg. 50 Packet Pg. 51 Packet Pg. 52 Packet Pg. 53 Packet Pg. 54 Packet Pg. 55 Packet Pg. 56 Packet Pg. 57  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen 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: Ernie Padgett, County Administrator Packet Pg. 58  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. 59  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Roland Sims Jr. SUBJECT: Approval of Fiscal Year 2015 2nd Quarter Calendars DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: In order for Public Hearings, Workshops and Employee Award presentations to be scheduled for the 2nd Quarter of FY 2015, meeting schedules need to be approved and published. BACKGROUND: The attached calendars for 2nd Quarter of FY 2015 (January - March) were prepared by County Administrator’s staff in September 2014. OPTIONS: Approve calendars as presented or direct staff to make changes. RECOMMENDATIONS: Recommend consideration of calendars presented and direct staff concerning changes or approval. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 60  Board of County Commissioners Meetings & Workshops JANUARY 2015 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 New Year’s Day Holiday 4 5 6 7 8 9 10 BCC Meeting 6:00 p.m., Crestview Courthouse 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Martin Luther King, BCC Meeting Jr. Day 8:30 a.m. W&S Holiday Bldg. Fort Walton Beach 25 26 27 28 29 30 31 Revised 9/23/2014 Packet Pg. 61  Board of County Commissioners Meetings & Workshops FEBRUARY 2015 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 6 7 BCC Meeting 8:30 a.m., Crestview Courthouse 8 9 10 11 12 13 14 15 16 17 18 19 20 21 BCC Meeting 6:00 p.m., W&S Bldg. Fort Walton Beach 22 23 24 25 26 27 28 Revised 9/23/2014 Packet Pg. 62  Board of County Commissioners Meetings & Workshops MARCH 2015 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 5 6 7 BCC Meeting 6:00 p.m. Crestview Courthouse 8 9 10 11 12 13 14 15 16 17 18 19 20 21 BCC Meeting 8:30 a.m., W&S Bldg. Fort Walton Beach 22 23 24 25 26 27 28 29 30 31 Revised 9/23/2014 Packet Pg. 63  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: David Skarzynski, Budget Manager SUBJECT: Budget Resolutions & Transfers Resolution amending the Fiscal Year 2014 Budget, General Fund, which did not reflect adequate appropriations for Sheriff revenue, in the amount of $208,535. Resolution amending the Fiscal Year 2014 Budget, General Fund, which did not reflect adequate appropriations from Florida Department of Revenue (FDOR) for child support enforcement program grant, in the amount of $2,780. Resolution amending the Fiscal Year 2014 Budget, General Fund, which did not reflect adequate appropriations from Capital Outlay Construction Fund for budget transfer, in the amount of $20,105. Resolution amending the Fiscal Year 2014 Budget, Supervisor of Elections-General Fund, which did not reflect adequate appropriations from Florida Department of State (FDOS) for polling place accessibility grant, in the amount of $6,333. Resolution amending the Fiscal Year 2014 Budget, County Transportation Trust Fund, which did not reflect adequate appropriations from Florida Department of Transportation (FDOT) for traffic signal maintenance grant, in the amount of $300,000. Resolution amending the Fiscal Year 2014 Budget, Water and Sewer Enterprise Fund, which did not reflect adequate appropriations for capacity expansion charges (CECs), in the amount of $252,800. Resolution amending the Fiscal Year 2014 Budget, Solid Waste Enterprise Fund, which did not reflect adequate appropriations from participating counties for Cooperative agreements, in the amount of $44,161. BT-14-54, Capital Outlay Construction Fund in the amount of $20,105. Board approved reimbursement to Facility Maintenance for relocating Traffic from the Shalimar Annex to Public Works Ready Ave. Packet Pg. 64  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for Sheriff revenue, 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 Retire Health Premiums 0183R-341242 $37,494 Charges for Services 0183R-342910 $122,158 Court Ordered Restitution 0183R-359100 $2,625 Insurance Proceeds 0183R-369310 $19,232 Other Miscellaneous Revenue 0183R-369990 $27,026 EXPENDITURES DEPT-ACCOUNT AMOUNT Budget Transfer-Sheriff-Law Enforcement 0183-591086 $208,535 Adopted this regular session the 7th day of October 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 65  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Revenue (FDOR) for child support enforcement 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 Other Grants – Federal 71298R-331900 $2,780 EXPENDITURES DEPT-ACCOUNT AMOUNT Reserve for Contingencies 0199-599090 $2,780 Adopted this regular session the 7th day of October 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 66  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Capital Outlay Construction Fund for budget transfer, 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 Budget Transfer-Capital Outlay Fund 0112R-381301 $20,105 EXPENDITURES DEPT-ACCOUNT AMOUNT Repair/Maintenance - Facilities 0112-546620 $20,105 Adopted this regular session the 7th day of October 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 67  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET SUPERVISOR OF ELECTIONS - GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of State (FDOS) for polling place accessibility 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 Supervisor of Elections - General Fund increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT General Government -Federal 701487R-331100 $6,333 EXPENDITURES DEPT-ACCOUNT AMOUNT Supplies 701487-552990 $6,333 Adopted this regular session the 7th day of October 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 68  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET COUNTY TRANSPORTATION TRUST FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Transportation (FDOT) for traffic signalization 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 County Transportation Trust Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Transportation – State 71901R-331490 $300,000 EXPENDITURES DEPT-ACCOUNT AMOUNT Salaries/Wages – Full-time 71901-512010 $70,596 FICA Taxes 71901-521000 $5,339 Retirement Contributions 71901-522000 $4,863 Life & Health Insurance 71901-523000 $9,343 Workers Compensation 71901-524000 $650 Insurance - Other 71901-545990 $998 Traffic Maintenance Infrastructure 71901-563480 $208,211 Adopted this regular session the 7th day of October 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 69  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET WATER & SEWER ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for capacity expansion charges (CECs), 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 Water & Sewer Enterprise Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Water & Sewer – Taps (A.F.E. Village) 4100R-343602 $252,800 EXPENDITURES DEPT-ACCOUNT AMOUNT Reserve – Wastewater Cap (A.F.E. Village) 4199-599360 $252,800 Adopted this regular session the 7th day of October 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 70  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET SOLID WASTE ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from participating counties for Cooperative agreements, 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 Solid Waste Enterprise Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Charges for Services (Liberty) 741433R-343910 $343 Charges for Services (Calhoun) 741434R-343910 $1,941 Charges for Services (Gulf) 741435R-343910 $2,105 Charges for Services (Holmes) 741436R-343910 $2,311 Charges for Services (Jackson) 741437R-343910 $6,357 Charges for Services (Santa Rosa) 741438R-343910 $3,339 Charges for Services (Walton) 741439R-343910 $23,140 Charges for Services (Franklin) 741441R-343910 $2,998 Charges for Services (Gadsden) 741442R-343910 $1,627 EXPENDITURES DEPT-ACCOUNT AMOUNT Contract Services – Recycling 741433-534395 $343 Contract Services – Recycling 741434-534395 $1,941 Contract Services – Recycling 741435-534395 $2,105 Contract Services – Recycling 741436-534395 $2,311 Contract Services – Recycling 741437-534395 $6,357 Contract Services – Recycling 741438-534395 $3,339 Contract Services – Recycling 741439-534395 $23,140 Contract Services – Recycling 741441-534395 $2,998 Contract Services – Recycling 741442-534395 $1,627 Packet Pg. 71 Adopted this regular session the 7th day of October 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 72  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 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 August 5, 2014 Regular meeting, August 12th Budget Workshop & August 19th Executive Session are attached for review. Packet Pg. 73 Packet Pg. 74 Packet Pg. 75 Packet Pg. 76 Packet Pg. 77 Packet Pg. 78 Packet Pg. 79 Packet Pg. 80 Packet Pg. 81 Packet Pg. 82 Packet Pg. 83 Packet Pg. 84 Packet Pg. 85 Packet Pg. 86 Packet Pg. 87 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  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Ben Anderson, Tax Collector SUBJECT: Tax Collector Request for Extension of Tax Roll In accordance with Florida Statute 197.323, the Tax Collector’s Office requests the County Commission to extend the tax roll, since the Value Adjustment Board hearings are set to extend into October and could potentially cause the delay in the issuance of tax notices beyond November 1, 2014. Packet Pg. 104  73 Eglin Pkwy N.E., Suite 111 302 N. Wilson Street, Suite 101 Fort Walton Beach, FL 32548 Crestview, FL 32536 310 Van Matre Ave. 506 Highway 85 North Suite 155, Building 210 Niceville, FL 32578 Eglin AFB, FL 32542 Customer Service Processing Center 4012 Commons Dr. West, Unit 122 www.OkaloosaTax.com Destin, FL 32541 (850) 651-7300 BEN ANDERSON OKALOOSA COUNTY TAX COLLECTOR September 25, 2014 The Honorable Kelly Windes Chairman, Okaloosa County Commission 1804 Lewis Turner Boulevard Fort Walton Beach FL 32547 Dear Commissioner Windes: In accordance with Florida Statute 197.323, please consider this a formal request for the County Commission to extend the tax roll, since the Value Adjustment Board hearings are set to extend into October and could potentially cause the delay in the issuance of tax notices beyond November 1, 2014. This action will facilitate the issuance of tax notices in a timely manner. Sincerely, Justin Gordon Tax Administrator Okaloosa County Tax Collector P: 850‐651‐7603 F: 850‐651‐7727 JGordon@OkaloosaTax.com Enclosures The State of Florida created this State Constitutional County Office as a separate and independent government entity to ensure freedom from influence by local or state agencies that have the power to levy taxes, spend tax dollars and assess property. Packet Pg. 105 Packet Pg. 106  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Laura Rados - Gulf Coast City SUBJECT: Public Event Permit - Intersection Charitable Collection Documents are attached related to a request for a Public Event Permit for an intersection charitable collection - "Mission Punta Gorda, Belize" fundraiser to be held October 25, 2014 with a rain date Nov. 8, 2014 at the intersections of Beal Parkway & Mary Esther Cut-off, Beal Parkway & Lewis St., Eglin Parkway & Racetrack, Green Acres Rd & Lewis Turner Blvd, Santa Rosa Blvd & Hwy 98. Packet Pg. 107 Packet Pg. 108 Packet Pg. 109  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: WFRPC 50th Anniversary Proclamation DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests approval of and authorize the Chairman to execute a Proclamation establishing October 20, 2014 as the celebrated day of the West Florida Regional Planning Council's 50th Anniversary. RECOMMENDATION: Staff recommends Board approval of Proclamation of the West Florida Regional Planning Council's 50th Anniversary. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 110  Thomas Abbott, Chair Gene Valentino, Vice-Chair Vice Terry A. Joseph, Executive Director Mr. Ernie Padgett, Since 1964, WFRPC has been meeting the needs of communities across the region to further our mission of preserving and enhancing the quality of life in northwest Florida. In celebration of our century of service, we are hosting an open house on October 20 th starting at 2 p.m. prior to half-century our October monthly meeting. We cordially invite you to attend our anniversary event and would be honored if you would be will willing ing to speak a few words to our members at the 3:30 council meeting. A formal invitation will be mailed to you the first of October. In addition, attached is a draft template for a resolution or proclamation in celebration of our 50 years. Please consider presenting this Resolution to your Commission or Council for approval in celebration of our 50th year. If you would like for WFRPC staff to attend one of your Commission or Council meetings please let me know and staff will be more than happy to provide additional information If you have any questions or would like additional information, please do not hesitate to call me at 1-800-226-8914, 8914, extension 201 or email terry.joseph@wfrpc.org.. We hope to see you soon! soon Respectfully, Terry A. Joseph Executive Director P.O. Box 11399 • Pensacola, FL 32524 • P: 850.332 850.332-7976 7976 • 1.800.226.8914 • F: 850.637.1923 www.wfrpc.org Packet Pg. 111  P ROCLAMATION WHEREAS, the West Florida Regional Planning Council was formed as the third regional planning coun- cil in the State of Florida in 1964; and WHEREAS, the mission of the West Florida Regional Planning Council is to provide professional plan- ning, coordinating and advisory services to local governments, state and federal agencies and the public in order to preserve and enhance quality of life in Northwest Florida; and WHEREAS, local governments throughout the Region recognize the need for regional coordination to address community issues that extend beyond the county and municipal boundaries; and WHEREAS, the West Florida Regional Planning Council has engaged in strategic regional planning, com- prehensive economic develop strategic planning, emergency preparedness planning, transportation planning, envi- ronmental planning and education, and intergovernmental review activities to coordinate planning for the future of the Region; and WHEREAS, for the past 50 years, the West Florida Regional Planning Council has brought together local governments and gubernatorial appointees to provide a venue for analyzing issues, resolving problems, and sharing solutions among the seven jurisdictions of Bay, Escambia, Holmes, Okaloosa, Santa Rosa, Walton, and Washington Counties; NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Okaloosa County, do hereby proclaim that October 20, 2014, is the celebration of the West Florida Regional Planning Council 50th Anniversary in Okaloosa County and recognizes its contributions in advancing the regional agenda. DULY PASSED AND ADOPTED this 7th day of October, 2014. BOARD OF COMMISSIONERS OKALOOSA COUNTY, FLORIDA ATTEST: _________________________________ CHARLES K. WINDES, Jr. CHAIRMAN ___________________________ DON W. HOWARD CLERK OF CIRCUIT COURT Packet Pg. 112  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Manufacturing Month Proclamation DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests approval of and authorize the Chairman to execute a Proclamation establishing October 2014 as "Florida Manufacturing Month" in Okaloosa County. RECOMMENDATION: Staff recommends Board approval of Proclamation request from the Economic Development Council to designate October 2014 as "Florida Manufacturing Month" in Okaloosa County. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 113  PROCLAMATION WHEREAS, recognizing October, 2014 as Florida Manufacturing Month is an effective way to highlight the importance of the manufacturing in our nation's economy and to draw attention to the many rewarding, high-skilled manufacturing jobs; as well as supporting and celebrating Florida’s manufacturers and school programs that prepare our future workforce; and WHEREAS, the Economic Development Council of Okaloosa County (EDC) and the EDC’s TeCMEN (Technology Coast Manufacturing & Engineering Network) support the growth of manufactur- ing and manufacturing jobs throughout the County; and WHEREAS, the Northwest Florida Manufacturers Council, Manufacturing Association of Flor- ida, Florida Advanced Technological Education Center of Excellence, and National Association of Manu- facturers support manufacturing and manufacturing careers regionally, statewide and nationally; and WHEREAS, coordination for student tours associated with Florida Manufacturing Month is being led by the Northwest Florida Manufacturers Council to raise awareness of young adults about the high-skill, high-wage careers available in Northwest Florida in the manufacturing industry; and WHEREAS, manufacturing is a cornerstone of our local, state and national economies is a key driver in the Northwest Florida regional economy, providing 14,370 direct jobs that generate $763 million in total wages with average wages per worker of $53,111; and WHEREAS, the Board of County Commissioners commends and supports this important cause and organizations involved; NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Oka- loosa County, Florida, does hereby proclaim the month of October, 2014 as “FLORIDA MANUFACTURING MONTH” in Okaloosa County and urges all citizens to join in recognizing the value of our manufacturers and the importance they serve in our county, region, state and the nation. DULY PASSED AND ADOPTED this 7th day of October, 2014. BOARD OF COMMISSIONERS OKALOOSA COUNTY, FLORIDA ATTEST: _________________________________ CHARLES K. WINDES, JR. CHAIRMAN ___________________________ DON W. HOWARD CLERK OF CIRCUIT COURT Packet Pg. 114 From: Nathan Sparks To: Rick Owen Cc: Caroline McCoy Subject: Proclamation Date: Thursday, September 18, 2014 12:30:18 PM Attachments: image001.png image002.png Manufacturing Month Proclamation-Okaloosa (2014).doc Rick, Last year, the Board of County Commissioners approved a Resolution recognizing October 4, 2014 as “Florida Manufacturing Day”. This year, the powers that be have decided to honor manufacturing for the entire month of October. As a result, the leadership of the Northwest Florida Manufacturers Council is seeking Resolutions / Proclamations to this effect from County Commissions across the region. The attached Proclamation has been prepared for the Commission’s consideration. Can you advise on what, if anything, I need to do beyond this for this item to be placed on the next meeting agenda? Nathan Sparks, CEcD Executive Director Economic Development Council Okaloosa County, Florida 850-362-6467 * 850-585-0883 (cell) * mailto:nathan@florida-edc.org * http://www.florida-edc.org The EDC is a 501(c)(6) non-profit private-public partnership organization. The content of this e-mail and any attachments are confidential. They are intended for the named recipient(s) only. Any economic development project related content of this e-mail is to remain confidential pursuant to Florida Statute Section 288.075. Packet Pg. 115  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Red Ribbon Week Proclamation DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests approval of and authorize the Chairman to execute a Proclamation establishing October 23-31, 2014 as "Red Ribbon Week" in Okaloosa County. RECOMMENDATION: Staff recommends Board approval of Proclamation request to designate October 23-31, 2014 as "Red Ribbon Week" in Okaloosa County. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 116  PROCLAMATION WHEREAS, communities across America have been plagued by problems associated with illicit drug use and those that traffic in them; and WHEREAS, there is hope in winning the war on drugs through education and drug demand re- duction , coupled with the hard work and determination of organizations such as the Young Marines; and WHEREAS, governments and community leaders know that citizen support is one of the most effective tools in the effort to reduce the use of illicit drugs in our communities; and WHEREAS, the Emerald Coast Young Marines focus on teaching youth to live a drug-free life- style and teaching ideals such as leadership, teamwork and discipline. Emerald Coast Young Marines pledge to be drug free, promote a Drug Free lifestyle and sponsor national Red Ribbon Week activities giving individuals in the Emerald Coast the opportunity to wear a red ribbon signifying their opposition to illegal drug use; and WHEREAS, the red ribbon has been chosen as a symbol commemorating Enrique “Kiki” Cama- rena, a Drug Enforcement Administration Special Agent who was murdered in the line of duty, and repre- sents the belief that one person can make a difference; and WHEREAS, the Red Ribbon Week Campaign was established by Congress to encourage drug- free lifestyle, drug prevention and reduction efforts which will be celebrated in communities across Amer- ica the week of October 23-31, 2014. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Oka- loosa County, Florida, does hereby proclaim that October 23-31, 2014 as “RED RIBBON WEEK” in Okaloosa County and recognizes the Emerald Coast Young Marines commitment to living a drug-free life and participation in Red Ribbon Week. DULY PASSED AND ADOPTED this 7th day of October, 2014. BOARD OF COMMISSIONERS OKALOOSA COUNTY, FLORIDA ATTEST: _________________________________ CHARLES K. WINDES, JR. CHAIRMAN ___________________________ DON W. HOWARD CLERK OF CIRCUIT COURT Packet Pg. 117 From: Mary Carson To: Rick Owen; Roland Sims Subject: FW: Emerald Coast Young Marines and Red Ribbon Week Date: Wednesday, September 17, 2014 10:10:15 AM Attachments: PROCLAMATION TO RECOGNIZE RED RIBBON WEEK.docx Thank you, Mary L. Carson MARY L. CARSON Executive Assistant II Board of County Commissioners Office 302 North Wilson Street, Suite 302 Crestview, FL 32536 Phone: 850.689.5030 Fax: 850.689.5025 mcarson@co.okaloosa.fl.us Facebook & Twitter: http://www.co.okaloosa.fl.us/cc_social_media.html YouTube: http://www.youtube.com/user/CountyOkaloosaTV “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.” -----Original Message----- From: Mary Carson Sent: Friday, August 15, 2014 8:28 AM To: Rick Owen Cc: Wayne Harris Subject: FW: Emerald Coast Young Marines and Red Ribbon Week Rick Commissioner Harris requests the attached proclamation be added to the next agenda. Thank you, Mary L. Carson MARY L. CARSON Executive Assistant II Board of County Commissioners Office 302 North Wilson Street, Suite 302 Crestview, FL 32536 Phone: 850.689.5030 Fax: 850.689.5025 mcarson@co.okaloosa.fl.us Packet Pg. 118 Facebook & Twitter: http://www.co.okaloosa.fl.us/cc_social_media.html YouTube: http://www.youtube.com/user/CountyOkaloosaTV “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.” -----Original Message----- From: Wayne Harris Sent: Friday, August 15, 2014 8:21 AM To: Mary Carson Subject: FW: Emerald Coast Young Marines and Red Ribbon Week Sorry about that. ________________________________________ From: The Cluff Family [cluffstuff@yahoo.com] Sent: Thursday, August 14, 2014 5:55 PM To: Wayne Harris Subject: Emerald Coast Young Marines and Red Ribbon Week Commissioner Harris: We are currently working on Red Ribbon Week which is the last week of October (Oct. 23-31, 2014). The Emerald Coast Young Marines (a youth organization for ages 8-18) will be actively participating in this nationally recognized illicit drug awareness event. I'm requesting your assistance in publicizing and promoting this week by issuing a proclamation that declares support and commitment in the fight against illegal drugs and those that promote their use. If you would be willing to issue this proclamation, I would like to schedule the date and time so that we can have some Young Marines present, and if able to give a short statement. We would also like to bring some red ribbons and handouts if permitted. I have attached a sample proclamation that you are able to revise as needed. Please let me know as soon as possible so I can coordinate the youth with your calendar. We truly appreciate your consideration. Deborah Cluff Emerald Coast Young Marines Registered Adult (850)218-1168 Packet Pg. 119  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 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. 120 Surety Land Title of Florida, LLC 4100 S Ferdon Blvd - B3, Crestview, FL 32536 850-423-4613 office 850-423-0542 fax October 7, 2014 Ernie Padgett 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 October 7, 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. 121  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); TD Bank, N.A. Lot 20, Block F, Holiday Isle Residential Section No. 5, on Holiday Isle, according to the plat thereof, as recorded in Plat Book 4, Page 39, of the Public Records of Okaloosa County, Florida. M & O Realty, Inc., A Louisiana Corporation Unit No. 410, Sea Oats Condominium, a Condominium according to plat thereof recorded in Condominium Plat Book 3, Pages 54, 55 and 56, Public Records of Okaloosa County, Florida, together with a 1/80th undivided share in common elements appurtenant thereto in accordance with and subject to the covenants, conditions, restrictions, terms and other provisions of the Declaration of Sea Oats Condominium and the schedules annexed thereto, recorded in Official Records Book 1189, Page 502, of the Public Records of Okaloosa County, Florida, and the assignee by acceptance of this assignment hereby assumes and agrees to observe and perform the provisions thereof, including, but not limited to, the payment of assessments thereunder. Christopher D Chilton and Katrina L Chilton, Husband and Wife Unit 105, Island Sands, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 1184 , Page 496, and also recorded in Condominium Plat Book 4, Page 38, and all amendments thereto, of the Public Records of Okaloosa County, Florida, together with an undivided interest in the common elements appurtenant thereto. Kathleen M. Schweizer Unit 315, Inlet Reef Club Condominium, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 1150, Page 1192, and all amendments thereto, of the Public Records of Okaloosa County, Florida, and Condominium Plat Book 2, Pages 147 through 150, of the Public Records of Okaloosa County, Florida, together with an undivided interest in the common elements appurtenant thereto. Page 1 of 2 Packet Pg. 122 Joseph E LeBlanc, Jr. and Wife, Peggy P LeBlanc Unit 308, Inlet Reef Club Condominium, a condominium according to the Declaration of Condominium thereof, as recorded in Official Records Book 1150, Page 1192, and all amendments thereto, of the Public Records of Okaloosa County, Florida, and Condominium Plat Book 2, Pages 147 through 150, of the Public Records of Okaloosa County, Florida, together with an undivided interest in the common elements appurtenant thereto. 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 Page 2 of 2 Packet Pg. 123  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Set Public Hearing for 5307 Grant DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: In order to conduct a public hearing, the Growth Management department must request that the Board of County Commissioners set the date and time. BACKGROUND: In order to apply for and receive FTA 5307 Grant Funds for FY15, Okaloosa County as the Community Transportation Coordinator, must conduct a public hearing to allow comment on the attached proposed Program of Projects. OPTIONS: The Board may set the public hearing or not; however, failure to conduct the public hearing will preclude the county from applying for the funds. RECOMMENDATIONS: Staff recommends the Board approve the public hearing for 6:00 p.m. or soon thereafter on October 21st, 2014 to be held in the 3rd floor Commission meeting chambers of the County administration building located at 1804 Lewis Turner Blvd in Fort Walton Beach, FL. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 124  Program of Projects – 5307 Capital Projects FY 2015 Florida Governor’s Apportionment of Section 5307 Funds FTA Local Eligible Scope Quantity Share Share Project Cost 111.00 Bus-Rolling Stock $520,000 $520,000 Activity 11.13.04 Bus 5 $520,000 $520,000 FTA Local Eligible Scope Quantity Share Share Project Cost 114.00 – Support Equipment $ 60,000 $ 60,000 Activity 11.42.09 Surv/Security $ 30,000 $ 30,000 11.42.10 Fare Collection (Mobile) $ 30,000 $ 30,000 FTA Local Eligible Scope Quantity Share Share Project Cost 119.00 – Transit Enhancements (Bus) $ 5,000 $ 5,000 Activity 11.92.08 Signage $ 5,000 $ 5,000 FTA Local Eligible Scope Quantity Share Share Project Cost 117.00 – Other Capital Items Activity 11.7A.00 – Prevent Maint $150,000 $150,000 11.79.00 – Project Admin $ 15,000 $ 15,000 TOTAL FTA CAPITAL $ 750,000 FTA OPERATING $1,760,000 TOTAL FTA ELIGIBLE PROJECT COST: $2,510,000 Packet Pg. 125  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Appointment of Allen Dewayne Barlow to the Electrical Competency Board DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Section 6-221 of the Code of Ordinances (excerpted below) provides for the appointment of representatives to the electrical competency board which assists the County with implementing the provisions of the Florida Electrical Code and other related regulations, as well as considers applications for trade licenses and possible disciplinary actions. Allen Dewayne Barlow, State Registered Master Electrical Contractor has agreed to serve a three (3) year term on the Electrical Competency Board. DIVISION 2. OKALOOSA COUNTY ELECTRICAL COMPETENCY BOARD Sec. 6-221. Composition; appointment of members. The board of county commissioners shall appoint ten members to the electrical competency board and fix their terms of office. The board shall consist of ten members, five of whom shall be licensed electrical contractors, one of whom shall be an alarm contractor, one of whom shall be a specialty contractor, and three who are consumer representatives. The county building official shall be an ex officio member of each of these boards, but he or she shall have no vote. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the appointment of Allen Dewayne Barlow to the Electrical Competency Board. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 126  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Sean T. Lynch, Sheriff's Office SUBJECT: Request Approval of LETF Disbursement The Sheriff is requesting the Board approve Law Enforcement Trust Fund disbursement for the Parental Involvement (via S4P Synergy) in the amount of $3,500.00. Packet Pg. 127 Packet Pg. 128 Packet Pg. 129 Packet Pg. 130 Packet Pg. 131 Packet Pg. 132 Packet Pg. 133 Packet Pg. 134 Packet Pg. 135 Packet Pg. 136 Packet Pg. 137  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Dino J. Villani SUBJECT: Direct Payment of Airgas Invoice for August 2014 DEPARTMENT: Public Safety BCC DISTRICT: All STATEMENT OF ISSUE: Request approval for direct payment of the August 2014 Airgas, Inc., invoice in the amount of $3,164.28. BACKGROUND: Airgas, Inc., is the sole medical oxygen vendor for Okaloosa County Emergency Medical Services. Historically, invoices for oxygen services have been paid by after-the-fact purchase order. “After-the-fact” meaning the department did not submit a requisition to Purchasing for approval prior to placing the order. These types of purchases do not comply with the current Purchasing Policy and as of October 1, 2013; Finance no longer approves purchase order payments for services invoiced after-the-fact. Staff is working with Purchasing and Finance to ensure requests/purchases are made according to an approved strategy in accordance with the Purchasing Policy. Board approval to direct pay the outstanding invoice is required. OPTIONS: Approve/Disapprove. RECOMMENDATIONS: Recommend approval of direct payment for the Airgas invoice. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 138 Packet Pg. 139 Packet Pg. 140 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 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 Packet Pg. 176 Packet Pg. 177 Packet Pg. 178 Packet Pg. 179 Packet Pg. 180 Packet Pg. 181  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Dino J. Villani SUBJECT: Amendment #007 (Contract Renewal) to Contract #AH105 DEPARTMENT: Public Safety BCC DISTRICT: All STATEMENT OF ISSUE: Ratify the Chairman's signature on Amendment #007 (Contract Renewal) to Contract #AH105. BACKGROUND: The Board of County Commissions entered into a contract with the Department of Children and Families, Substance Abuse and Mental Health Services to provide Case Management Services for the Drug Court Program effective August 1999. The contract required the County to deliver Case Management Services in the form of one full-time position. The Board also entered into a contract with the Department for Forensic Mental Health Services effective February 2004. This contract required the County to hire a Forensic Mental Health Specialist. The Board approved the hiring of the Case Manager August 17, 1999, and the Forensic Mental Health Specialist on February 10, 2004. The Case Manager and the Forensic Mental Health Specialist work under the direction of the Drug Court Manager. In September 2006, the Department agreed to enter into a contract with the County to fund two (2) additional positions due to the escalating population at the County Jail. On September 16, 2006, the Board approved the hiring of the Mental Health Court Case Manager and the Mental Health Pretrial Officer. The Mental Health Court Case Manager works under the direction of the Drug Court Manager, and the Mental Health Pretrial Officer works under the direction of the Pretrial Services Coordinator. The Department of Children and Families, contracted through Big Bend Community Based Care, Inc., has agreed to provide grant funding in the amount of $120,339 effective October 1, 2014, and terminating June 30, 2015. Section 394.9082, Florida Statutes, authorizes the Department to contract with a Managing Entity, to-wit: Big Bend Community Based Care, Inc., to manage the day-to-day operational delivery of services through an organized system of care. The Legislature found that a management structure that places the responsibility for publicly financed behavioral health treatment and prevention services within a single, private, nonprofit entity at the local level will promote improved access to care, promote service continuity, and provide for more efficient and effective delivery of substance abuse and mental health services. One of its major goals is to remove administrative functions from service providers to better serve individuals needing care. The Department is finalizing negotiations of a contract with Big Bend Community Based Care, Packet Pg. 182 Inc., to serve as the Department’s Managing Entity for the Northwest Region to provide the coordination, integration, management, and all other functions necessary for the effective delivery of behavioral health services. Section 394.9082(6)(b), Florida Statutes, directs the Department to terminate all contracts with providers in the Northwest Region. Similarly, section 394.9082(6)(c), Florida Statutes, requires the Managing Entity to offer contracts to all providers currently under contract with the Department. In order to ensure continuity of service, the Department is offering providers the alternative of agreeing to an assignment of their contracts to Big Bend Community Based Care, Inc., with some changes. Under the Department’s contract with Big Bend Community Based Care, Inc., they are responsible for performing the following baseline functions for the Department: • System of Care Development and Management • Continuous Quality Improvement • Utilization Management • Planning • Network Management • Training and Technical Assistance • Financial Management • Board Development and Governance • Data Collection, Reporting, and Management • Disaster Planning and Responsiveness In addition, the Department’s contract with Big Bend Community Based Care, Inc., requires the implementation of many substantive programmatic changes, which the Managing Entity will in turn require of all providers including: • Specific requirements relating to integration with child welfare and prioritization of pregnant addicted women and women with dependent children • Specific requirements relating to family-centered treatment • More specific requirements concerning serving Medicaid eligible individuals • Requirement that Management Entity develop Waste Fraud and Abuse Prevention Plan • Specific requirements concerning how the Managing Entity monitors providers, including developing risk assessment reviews for each provider in the network OPTIONS: Approve/Disapprove. RECOMMENDATIONS: Approve Amendment #007 (Contract Renewal) to Contract #AH105; ratify the Chairman’s signature dated September 25, 2014; and authorize the Chairman, as the County’s representative, to execute all future grant documents during the term of the grant. Packet Pg. 183 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 184 Packet Pg. 185 Packet Pg. 186 Packet Pg. 187 Packet Pg. 188 Packet Pg. 189 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 Packet Pg. 213 Packet Pg. 214 Packet Pg. 215 Packet Pg. 216 Packet Pg. 217 Packet Pg. 218 Packet Pg. 219 Packet Pg. 220 Packet Pg. 221 Packet Pg. 222 Packet Pg. 223 Packet Pg. 224 Packet Pg. 225 Packet Pg. 226 Packet Pg. 227 Packet Pg. 228 Packet Pg. 229 Packet Pg. 230 Packet Pg. 231 Packet Pg. 232 Packet Pg. 233 Packet Pg. 234 Packet Pg. 235 Packet Pg. 236 Packet Pg. 237 Packet Pg. 238 Packet Pg. 239 Packet Pg. 240 Packet Pg. 241 Packet Pg. 242 Packet Pg. 243 Packet Pg. 244 Packet Pg. 245 Packet Pg. 246  OKALOOSA COUNTY BOARD OF COMMISSIONERS .AGENDA REQUEST- TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: CATHERINE WHITE, DRUG COURT MANAGER DATE: OCTOBER 7,2014 SUBJECT: CONTRACT # AH 1 0s, AMENDMENT #007- CONTRACT RENEWAL DISTRICT: ALL BACKGROUND: The Board of County Commii;sions entered into a contract with the Department of Children and Families, Substance Abuse and Mental Health Services to provide Case Management Services for the Drug Courl Program effective August, 1999. The contract required the County to deliver Case Management Services in the form ofone full time position. The Board also entered into a contract with the Depafiment fbr Forensic Mental Health Services elTective February,2004. This contract required the County to hire a Forensic Mental Health Specialist. The Board approved the hiring of the Case Manager August 17,1999, and the Forensic Mental Health Specialist on February 10,2004. The Case Manager and the Forensic Mental Health Specialist work under the direction of the Drug Courl Manager. In September, 2006, the Depaftment agreed to enter into a contract with the County to fund two (2) additional positions due to the escalating population at the County Jail. On September 16,2006, the Board approved the hiring of the Mental Health Court Case Manager and the Mental Health Pretrial Officer. The Mental Health Court Case Manager works under the direction of the Drug Courl Manager, and the Mental Health Pretrial Officer works under the direction of the Pretrial Services Coordinator. The Deparlment of Children and Families, contracted through Big Bend Community Based Care, Inc., has agreed to provide grant funding in the amount of$120,339 effective October 1,2014, and terminating June 30, 2015. Section 394.9082, Florida Statutes, authorizes the Depafiment to contract with a Managing Entity, to-wit: Big Bend Community Based Care, Inc., to manage the day-to-day operational delivery of services through an organized system ofcare. The Legislature found that a management structure that places the responsibility for publicly financed behavioral health treatment and preventron services within a single, private, nonprofit entity at the local level will promote improved assess to care, promote service continuity, and provide for more efficient and effective delivery of substance Packet Pg. 247 Re: Grant No. AH 105 Page Two abuse and mental health services. One of its major goals is to remove administrative functions from service providers to better serve individuals needing care. The Department is finalizing negotiations of a contract with Big Bend Community Based Care, Inc., to serve as the Deparlment's Managing Entity tbr the Northwest Region to provide the coordination, integration, management, and all other functions necessary for the effective delivery ofbehavioral health services. Section 394.9082(6)(b), Florida Statutes, directs the Department to tenninate all contracts with providers in the Northwest Region. Similarly, section 394.9082(6)0), Florida Statutes, requires the Managing Entity to offer contracts to all providers currently under confact with the Depafiment. In order to ensure continuity of service, the Department is offering providers the altemative of agreeing to an assignment of their contracts to Big Bend Community Based Care, Inc., with some changes. Under the Department's contract with Big Bend Community Based Care, Inc., they are responsible for performing the following baseline functions for the Department: . System ofCare Development and Management . Continuous Quality lmprovement . Utilizatioli Management . Planning . Network Management . Training and Technical Assistance . Financial Management . Boald Development and Governance . Data Collection, Reporting, and Management . Disaster Planning and Responsireness In addition, the Deparlment's contract with Big Bend Community Based Care, Inc. requires the implementation of many substantive programmatic changes, which the Managing Entity will in turn require ofall providers including: . Specific requirements relating to integration with child welfare and prioritization ofpregnant addicted women and women with dependent children . Specific requirements relating to family-centered treatment . Mole specific requirements concerning serving Medicaid eligible individuals . Requirement that Management Entity develop Waste Fraud and Abuse Prevention Plan . Specific requirements concernir.rg how the Managing Entity monitors providers, including developing risk assessment reviews for each provider in the network. RECOMMENDATION: That the Board of County Commissioners take the following actions: A. Approval of Contract # AH105, An-rendment #007 Contract Renewal; B. Ratifu the Chairman's signature dated September 25,201,4 and; Packet Pg. 248 Grant No. AH105 C. Authorize the Chairman, as the County's representative, to execute all future grant documents during the term ofthe grant. Recommended By: Approved By: Dino Villani Director Office of Public Safety Packet Pg. 249  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Approval to Negotiate Contract for Admin of NWFRA Baggage Handling System (AP 70-14) DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Requesting approval for contract negotiations with Michael Baker for professional architect/engineer (A/E) services to administer and inspect third-party construction of the Northwest Florida Regional Airport Baggage Handling system. (AP 70-14). BACKGROUND & ANALYSIS: The Airports Department requested to solicit firms to administer and inspect third-party construction of the Northwest Florida Regional Airport Baggage Handling system. The Board approved the Request for Qualifications (RFQ) on July 1, 2014. The RFQ was due on September 5, 2014, and two (2) proposals were received. The Airports Department has requested authorization to negotiate a contract with Michael Baker as the top ranking firm. The scope of professional services will include, but is not limited to; Administration of construction contract with selected general contractor to include weekly progress meetings, quarterly reports, site visits, review of submittals, review of contractor pay applications, clarification of construction documents, preparation of change orders, and other administrative items as needed; Coordination with regulatory agencies; Full-time inspection of the construction work to include the coordination of material acceptance testing, verification of completed quantities, and reviews of construction schedule; Services performed relating to the Transportation Security Administration (TSA) Recapitalization Project at Northwest Florida Regional Airport. OPTIONS: Approval/Deny entering into contract negotiation with Michael Baker for professional architect/engineer (A/E) services to administer and inspect third-party construction of the Northwest Florida Regional Airport Baggage Handling system. RECOMMENDATION: Staff recommends approval of entering into contract negotiation with Michael Baker for professional architect/engineer (A/E) services to administer and inspect third- party construction of the Northwest Florida Regional Airport Baggage Handling system. RECOMMENDED BY: Packet Pg. 250 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 251 Packet Pg. 252 Packet Pg. 253 Packet Pg. 254  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Approval to Negotiate Contract for Professional Eng Services for GIS (IS 62-14) DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Requesting approval for contract negotiations with Sim Wright to provide professional engineering services for the GIS Division. BACKGROUND & ANALYSIS: The Information Services Division requested to solicit firms to provide professional engineering services. The Board approved the request for qualifications (RFQ) on June 3, 2014. The RFQ was due on August 8, 2014 and five (5) proposals were received. The review committee has requested that the Board approve contract negotiations with Sim Wright which was the highest ranked firm. This contract will provide full range of digital photogrammetric services such as image processing, system design and integration; software engineering; scientific programming; preparation of plans, aerial photography mission planning and support; specifications and contract documents, preparation of cost estimates, contract administration, and any other type of project which may be under the purview of the Information Systems Department. OPTIONS: Approval/Deny entering into contract negotiation with Sim Wright to provide professional engineering services for the GIS Division. RECOMMENDATION: Staff recommends approval of entering into contract negotiation with Sim Wright to provide professional engineering services for the GIS Division. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 255 Packet Pg. 256 Packet Pg. 257  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Purchasing seeks authorization to auction surplus items. 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. (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: Ernie Padgett, County Administrator Packet Pg. 258 Packet Pg. 259 Packet Pg. 260 Packet Pg. 261  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: Emerald Coast Fitness Challenge DEPARTMENT: Public Works BCC DISTRICT: Two STATEMENT OF ISSUE: Battle Tested Studios and Southern Events Management are requesting the use of a portion of the beach at The Boardwalk and John Beasley Park for the Emerald Coast Fitness Challenge Event. BACKGROUND: County Ordinance #13-07 (regulation of county recreational areas, including parks and beaches) addresses Special Events at county parks, beaches or recreational areas within Okaloosa County. A request has been received from Roy Jinks with Battle Tested Studios to use a portion of the beach at The Boardwalk and John Beasley Park for the Emerald Coast Fitness Challenge event. The event is to be held Saturday, October 11, 2014 with setup scheduled for Friday, October 10. The course will include a sand bag toss, a cinder block drag, a sand bag run, an obstacle course and a vertical cargo net obstacle. This request has been reviewed and approved by Public Works, Public Safety, the Sheriff's Office and the leaseholder at the Boardwalk. OPTIONS: Approve / Disapprove request for a Special Event permit to host the Emerald Coast Fitness Challenge on Okaloosa Island. RECOMMENDATIONS: Approve the request for a Special Event Permit to utilize a portion of the beach at the Boardwalk and John Beasley Park for the Emerald Coast Fitness Challenge as submitted. RECOMMENDED BY: Packet Pg. 262 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 263 Packet Pg. 264 Packet Pg. 265 Packet Pg. 266 Packet Pg. 267  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: PW - Solid Waste Uncollectable Accounts DEPARTMENT: Public Works BCC DISTRICT: ALL STATEMENT OF ISSUE: The Solid Waste Department requests write-off of uncollectable Accounts Receivable funds from Solid Waste Haulers, a local limited liability contracting company, owned and operated by W. Todd Schweizer and Joshua T. Schweizer, in addition to miscellaneous cash owed by Vince Czarnecki. BACKGROUND: Solid Waste Haulers failed to pay $12,185.96 in tip fees for the customers they serviced. Several collection attempts made to collect were unsuccessful and the debt was turned over to a collection agency, which was also unsuccessful at recovering the debt. Solid Waste Haulers sold their hauling business in January 2013. Request to write off an uncollected $37.85 from a cash customer that failed to return to the scalehouse with their payment. OPTIONS: Approve / Disapprove RECOMMENDATIONS: Approve a total write-off in the amount of $12,223.81 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 268 Packet Pg. 269 Packet Pg. 270 Packet Pg. 271 Packet Pg. 272 Packet Pg. 273  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: Willingham Construction PO for Red Clay DEPARTMENT: Public Works BCC DISTRICT: District 3N STATEMENT OF ISSUE: Seeking approval to authorize final payment to Willingham Construction in the amount of $11,000 for red clay delivered for the repair of storm damages to retention ponds. BACKGROUND: DR-4177 Florida severe storms, tornadoes, straight-line winds, and flooding occurred on April 30, 2014. Subsequently a major disaster declaration was declared on May 6. Stormwater infrastructure staff inspected damage to retention ponds in the Baker and Crestview areas and provided estimates of damages to FEMA. As a result, damages to edges of the holding ponds needed to be backfilled and graded. Originally, PO 21401737 was issued for 1,690 cubic yards of red clay to be delivered to Baker at $10 per cubic yard and 3,142 cubic yards of red clay to be delivered to Crestview at $9 per cubic yard. Total funds encumbered were $45,178.00. Several rains occurred since the PO was issued, causing additional damages to the Baker ponds and increasing the amount of material needed to complete the repairs. At the time additional material was requested, the delivery charge to Baker was at the higher $10 per cubic yard rate. Final invoice 3173 was issued in the amount of $11,000.00 to pay for the red clay delivered to Baker. The remaining balance available on PO 21401737 prior to payment is $11,158.00. OPTIONS: Approve or Disapprove. RECOMMENDATIONS: Approve payment of invoice 3173 in the amount of $11,000.00 to Willingham Construction. RECOMMENDED BY: Packet Pg. 274 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 275 Packet Pg. 276 Packet Pg. 277 Packet Pg. 278 Packet Pg. 279 Packet Pg. 280 Packet Pg. 281 Packet Pg. 282 Packet Pg. 283 Packet Pg. 284  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: William Gary Johnson Road Drainage Easement DEPARTMENT: Public Works BCC DISTRICT: District 3 STATEMENT OF ISSUE: James Owen, adjacent landowner on the west side of William Gary Johnson Road, has agreed to grant the County an easement to facilitate stormwater conveyance via drainage ditch in conjunction with planned improvements to the road. BACKGROUND: Staff has negotiated to obtain a drainage easement from James Owen, a landowner along the west side of County maintained William Gary Johnson Road in the Baker area. Land owners have requested that William Gary Johnson Road be improved with millings and/or the chip seal process. Due to flooding issues in this segment of road during heavy rainfall, the Road Department has constructed an outfall ditch to convey runoff by routing a portion of the stormwater to a shallow retention area. OPTIONS: Approve/Disapprove acceptance of the proposed drainage easement into the County's maintenance system. RECOMMENDATIONS: Accept and record the proposed drainage easement to facilitate maintenance of a portion of the stormwater along the William Gary Johnson Road. . RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 285 Packet Pg. 286  Drainage Easement location on property owned by James R. Owen Packet Pg. 287  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: 2014 Florida State Hog Rally DEPARTMENT: Public Works BCC DISTRICT: Two STATEMENT OF ISSUE: Florida State Rally, Inc is requesting the use of a portion of the parking lot at the Boardwalk for the 2014 Florida State Hog Rally. BACKGROUND: County Ordinance #13-07 (regulation of county recreational areas, including parks and beaches) addresses Special Events at county parks, beaches or recreational areas within Okaloosa County. A request has been received from Florida State Rally, Inc. to use a portion of the parking lot at the Boardwalk for the 2014 Florida State Hog Rally. The rally will be held from Tuesday, October 21st through Saturday, October 25th, 2014. Harley Davidson owners and other motorcycle riders from throughout the State of Florida and other states are anticipated to be attracted to this event. Non-food vendors of leather goods and other motorcycle related items will be present. Entertainment in the form of motorcycle drill teams and motorcycle games are on the schedule. Estimated attendance is from 100 to 499 people for Wednesday through Sunday with Tuesday early arrivals under 100 people. Florida State Rally, Inc. donates a portion of their proceeds to various charities such as the Shriners' Burn Center and Bob Hope Village. This request has been reviewed by Public Works, Risk Management, Public Safety, the Sheriff's Office, the Tourist Development Department, and the leaseholder at the Boardwalk. Risk Management requests that no motorcycle jumping activities be included. OPTIONS: Approve / Disapprove request for a Special Event permit to host the 2014 Florida State Hog Rally on Okaloosa Island. RECOMMENDATIONS: Approve the request for a Special Event Permit to utilize a portion of the parking lot at the Boardwalk for the 2014 Florida State Hog Rally as submitted. Packet Pg. 288 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 289 Packet Pg. 290 Packet Pg. 291 Packet Pg. 292  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: TO 121 Sole Source Approvals DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Request approval of sole source forms for GAMPI and Google for Peter Mater task order 121. BACKGROUND: The Task Order Approval Form for Peter Mayer task order 121 targeting meeting professionals was approved by the Purchasing Department on December 23, 2013, but neither page 5 of the task order document nor the sole source forms were signed. County authorization is provided via the Task Order Approval Form, so a County signature is not needed on the task order document itself. The Media Mind and CVENT items do not meet the competitive pricing threshold of $2,500 and those sole source forms are therefore unnecessary. However, payment cannot be processed with incomplete sole source forms for GAMPI and Google. The Meeting Professionals International Georgia Chapter (GaMPI) is the seventh largest chapter in the global MPI organization and Atlanta is a primary meeting and event planner target audience. Google is the number one online search engine and online marketing is an essential component of the County’s marketing approach. The task order was executed prior to the current Purchasing Manager, so Board approval is requested for the GAMPI and Google sole source forms. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve sole source forms for GAMPI and Google for Peter Mater task order 121 and authorize the Chairman to sign the forms. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 293 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  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Dino J. Villani SUBJECT: Okaloosa Island Fire District Interlocal Agreement DEPARTMENT: Public Safety BCC DISTRICT: STATEMENT OF ISSUE: Request approval of the interlocal agreement with Okaloosa Island Fire District to provide fire protection services to County-owned properties within the Okaloosa Island Service Area for an annual sum of $33,516. BACKGROUND: In 1993, the Board took action to pay the Okaloosa County Island Fire District for fire protection services provided to the properties owned by the County including the Boardwalk and more recently the Convention Center because these properties are exempt from the usual fire assessment fees the fire district would have collected to provide such services. The State Auditor General noted that the agreement to provide fire protection services was never memorialized in a written agreement. The Auditor General recommends the BCC have a written agreement to pay for these services OPTIONS: Approve/Disapprove. RECOMMENDATIONS: Approve the interlocal agreement with Okaloosa Island Fire District. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 307 Packet Pg. 308 Packet Pg. 309 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 Packet Pg. 320  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Using CIP Funds "Freed Up" By Grants In Lieu Of A Rate Adjustment DEPARTMENT: Water and Sewer BCC DISTRICT: ALL STATEMENT OF ISSUE: OCWS staff have been requested to discuss the use of CIP funds "freed up" by grants in lieu of the October 1, 2014 rate adjustment stipulated in Ordinance Number 11-12. That ordinance provided for a five year schedule of annual rate adjustments. The first scheduled adjustment took place on October 1, 2011 and the last scheduled adjustment will occur on October 1, 2015. BACKGROUND: As to the use of CIP funds freed up by grant money in lieu of the scheduled October 1 rate adjustment, we do not believe that is appropriate. Grant funds are always project specific. Diverting a large number of dollars into the rate model in lieu of the revenue from the scheduled FY2015 rate adjustment is problematic. In the past, when we have received a large grant for a project that was already in our Capital Improvement Program (CIP) budget, we found an unbudgeted urgently needed project on which to spend the previously budgeted funds "freed up" by the grant. Example; when the Northwest Florida Water Management District awarded OCWS a $1.25 million grant for the Bob Sikes elevated tank, we informed the BCC that we plan to allocate the freed up funds to buy land for the Shoal River offline reservoir. We believe that it is crucial that we always use grant opportunities to increase the funding for addressing our critical aging infrastructure issues. The intent of grants for capital projects is not to divert funds from infrastructure projects to O&M expenses. Our strong recommendation to the members of the BCC and the County Administrator is that windfall grant opportunities for Water & Sewer be used for critical aging infrastructure projects. OPTIONS: Take no action or direct staff otherwise. RECOMMENDATIONS: Staff strongly recommends that no action be taken - that the current five year rate plan should be kept in place as scheduled through October 1, 2015. RECOMMENDED BY: Packet Pg. 321 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 322  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Gravity Sewer Rehab - FDEP Grant Agreement DEPARTMENT: Water and Sewer BCC DISTRICT: 2&4 STATEMENT OF ISSUE: Staff requests that the Board of County Commissioners (BCC) approve and authorize the Chairman to execute the Grant Agreement between the County and the Florida Department of Environmental Protection (FDEP) for $450,000 of state appropriations to go towards gravity sewer rehab. BACKGROUND: This past February, Okaloosa County submitted three water & sewer projects via the County lobbyist (Cardenas Partners) for state appropriations. The requests were as follows: 1. Okaloosa Island/Wright Area Gravity Sewer Rehabilitation Project - $450,000 2. Okaloosa Island Water Supply Project - $600,000 3. Lake Pippin Area Sanitary Sewer Improvement Project - $2,000,000 This past June, staff received great news that all three requests had been funded, as listed above, for the state FY2014-2015 budget year. We also received notice that the state appropriations would be administered through the Florida Department of Environmental Protection's (FDEP) grant program. Since June, OCWS staff has been working with FDEP staff to firm up Project Work Plans and resulting Grant Agreement on each project. OCWS staff has also been coordinating the grant agreements with other County staff, including the Clerk of the Court. As we are working with various FDEP personnel with variable timing, staff will be coming to you with three separate FDEP Grant Agreements, one for each of the above-mentioned projects. For these grant agreements, a match is not required, and eligible expenses can be retroactive back to 7/1/2014, provided that they meet the Scope of Work and satisfy other terms and conditions of the grant agreement. For your review and approval is the first of three FDEP grant agreements - the Okaloosa Island/Wright Area Gravity Sewer Rehabilitation Project, for $450,000. The agreement, titled "State Financial Assistance Agreement, Okaloosa County, DEP Agreement No. LP46040", is attached, along with the County Contract Review Coordination Sheet. As shown in Attachment A, the "Project Work Plan", all $450,000 will be spent on construction dollars (Task 1). The project will include relining gravity sewer lines with cured-in-place pipe or in some cases, where the condition dictates, point repairs will be installed in lieu of complete relining from manhole to manhole. Problem manholes that have been identified as in poor structural condition will be completely relined, including the re-establishment of structural integrity as needed. The work will be done by utilizing two existing County Contracts; both are unit-price maintenance contracts. Contract #C12-1955-WS, with Insituform, will be utilized for work associated with pipelines. Contract #C13-2066-WS, with Gulf Coast Underground, will be utilized for work Packet Pg. 323 associated with manholes. OPTIONS: Approve or deny. RECOMMENDATIONS: Staff recommends BCC approval for the Chairman to execute the Grant Agreement with FDEP for $450,000 of state appropriations funding to go towards gravity sewer rehab. Staff requests also that the BCC authorize the Chairman to execute any future grant documents, including modifications to the grant agreement that don't change the total dollar amount. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 324 Packet Pg. 325  RICK SCOTT FLORIDA DEPARTMENT OF GOVERNOR ENVIRONMENTAL PROTECTION CARLOS LOPEZ-CANTERA BOB MARTINEZ CENTER LT. GOVERNOR 2600 BLAIRSTONE ROAD TALLAHASSEE, FLORIDA 32399-2400 HERSCHEL T. VINYARD JR. SECRETARY September 18, 2014 Mr. Mark Wise Deputy Director Okaloosa County Board of County Commissioners 1804 Lewis Turner Boulevard, Suite 300 Ft. Walton Beach, Florida 32547 Re: LP46040 - Okaloosa County Okaloosa Island/Wright Area Gravity Sewer Rehabilitation Dear Mr. Wise: Attached are the proposed grant agreement and attachments for the County’s wastewater improvement project. Please have the Chairman sign two copies, and return them to us within three weeks at 2600 Blair Stone Road, MS 3505, Tallahassee, Florida, 32399-2400. We will arrange for the documents to be signed and mail a fully executed original to the County. If you have any questions, please call Sandy Waters at (850) 245-8382. Sincerely, Angela Knecht, Program Administrator State Revolving Fund Management AK/sw Attachments cc: Marcella Eubanks - Okaloosa County Clerk of Circuit Court Kimberly Kilpatrick - Okaloosa County Board of County Commissioners Honorable Charles Windes, Jr. - Okaloosa County Board of County Commissioners www.dep.state.fl.us Packet Pg. 326  STATE FINANCIAL ASSISTANCE AGREEMENT OKALOOSA COUNTY DEP AGREEMENT NO. LP46040 STATE OF FLORIDA GRANT ASSISTANCE PURSUANT TO LINE ITEM 1668A OF THE 2014-2015 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 2600 Blair Stone Road, MS 3505, Tallahassee, Florida 32399-2400 (hereinafter referred to as the “Department”) and OKALOOSA COUNTY, whose address is 1804 Lewis Turner Blvd., Suite 206, Ft. Walton Beach, Florida 32547 (hereinafter referred to as “Grantee”), a local government under the laws of the State of Florida, to provide funds for the Okaloosa Island/Wright Area Gravity Sewer Rehabilitation project. Collectively, the Department and the Grantee shall be referred to as “Parties” or individually as a “Party”. In consideration of the mutual benefits to be derived from this Agreement, the Department and the Grantee do hereby agree as follows: 1. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named and attached hereto, which are incorporated by reference. 2. This Agreement shall be effective on July 1, 2014 and end no later than June 30, 2016, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after the effective date through the expiration date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. A. As consideration for the services satisfactorily rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis an amount not to exceed $450,000 toward the total estimated project cost of $450,000. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. If the Grantee finds, after receipt of competitive bids, that the work described in Attachment A cannot be accomplished for the current estimated project cost, the parties hereto agree to modify the Project Work Plan described in Attachment A, by amendment of this Agreement, to provide for the work that can be accomplished for the funding identified above. B. Prior written approval from the Department’s Grant Manager shall be required for changes between deliverable budget categories not to exceed 10% of the total deliverable budget amount. The Department Grant Manager will transmit a copy of the written approval and revised budget to the Department Contracts Disbursements Office for inclusion in the Agreement file. Changes that exceed 10% of the total approved deliverable budget will require a formal change order to the Agreement. Changes that Revised 7/14 DEP Agreement No. LP46040, Page 1 of 11 Packet Pg. 327  transfer funds from one deliverable to another or that increase or decrease the total deliverable funding amount will require a formal amendment to the Agreement. C. The Grantee shall request reimbursement for all eligible project costs upon receipt and acceptance of the deliverable(s) identified in Attachment A, utilizing a properly completed Disbursement Request Package (provided as Attachment B). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre- audit and post-audit thereof. A final Disbursement Request Package must be submitted to the Department no later than September 30, 2016, to assure the availability of funds for payment. The Disbursement Request Package must include: (1) A completed Disbursement Request Form submitted by the Grantee’s Grant Manager. Such requests must be accompanied by sufficiently itemized summaries of the materials, labor, or services to identify the nature of the work performed; the amount expended for such work; and the person providing the service or performing the work and proof of payment of the invoices; and, (2) A certification signed by the Grantee’s Grant Manager as to the current cost of the Project; that the materials, labor, or services represented by the invoice have been satisfactorily purchased or performed and applied to the project; that all funds expended to date have been applied toward completing the Project; and, (3) If construction is included in Attachment A, a certification by the Engineer responsible for overseeing construction is necessary. The certification must state that equipment, materials, labor and services represented by the construction invoices have been satisfactorily invoiced, purchased, received, approved and applied to the Project, as described in the Project Work Plan (Attachment A), in accordance with construction contract documents; state that payment is in accordance with construction contract provisions; state that construction, up to the point of the request, is in compliance with the contract documents; and identify all additions or deletions to the Project which have altered the Project's performance standards, scope, or purpose since the issue of the Department construction permit; and, (4) Such other certificates or documents by engineers, attorneys, accountants, contractors, or suppliers as may reasonably be required by the Department. D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. The Disbursement Request Package Form in Attachment B shall be accompanied by supporting documentation and other requirements as follows: (1) Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup Revised 7/14 DEP Agreement No. LP46040, Page 2 of 11 Packet Pg. 328  documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries of the subcontractor’s employees shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse overpayments resulting from use of these excessive multipliers to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. For fixed price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed price subcontracted activities shall be supported with a copy of the subcontractor’s invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. b. The Grantee may request approval from the Department to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department’s Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager’s approval of the fixed price amount, the Grantee may proceed in finalizing the fixed price subcontract. c. All subcontracts are subject to the provisions of paragraph 13 and any other appropriate provisions of this Agreement which affect subcontracting activities. (2) Equipment – (Capital outlay costing $1,000 or more) – The Grantee will not be reimbursed for the purchase of non-expendable equipment costing $1,000 or more under the terms and conditions of this Agreement. E. In addition to the invoicing requirements contained in paragraph 3.C. and 3.D. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information when requested must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). Revised 7/14 DEP Agreement No. LP46040, Page 3 of 11 Packet Pg. 329  F. State guidelines for allowable costs can be found in the Department of Financial Services’ Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The Parties understand that this Agreement is not a commitment of future appropriations. 5. Progress Reports (Attachment D) shall be submitted quarterly describing the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Reports shall be submitted to the Department’s Grant Manager no later than twenty (20) days following the completion of the reporting period. It is hereby understood and agreed by the parties that the term “quarterly” shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Final Project Report shall be submitted no later than the completion date of the Agreement. The Department's Grant Manager shall have ten (10) calendar days to review the required reports and deliverables submitted by the Grantee. 6. RESERVED. 7. Each Party agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either Party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 8. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 9. No payment will be made for deliverables deemed unsatisfactory by the Department. If a deliverable is deemed unsatisfactory, the Grantee shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days after notification that the deliverable was unsatisfactory. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate the Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance under the Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPs must be able to be implemented and performed in no more than sixty (60) days after approval by the Department. Revised 7/14 DEP Agreement No. LP46040, Page 4 of 11 Packet Pg. 330  A. A CAP shall be submitted within ten (10) business days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) business days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) business days from receipt of the Department’s letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department’s approval of a CAP as specified above shall result in the Department’s termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department’s notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not alter or amend the Grantee’s obligations under this Agreement. If the CAP fails to correct or eliminate performance deficiencies by the Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall serve to condone, forgive or estop the Department from asserting subsequent deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to the Department’s request for a CAP or failure to correct a deficiency in the performance of the Grantee as specified by the Department may result in termination of this Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above. 10. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt pursuant to Section 24(a) of Article I of the State Constitution, Section 119.07(1), Florida Statutes, or other statute. 11. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. If any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 12. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment G, Special Audit Requirements, attached hereto and incorporated herein by reference. Exhibit 1 to Revised 7/14 DEP Agreement No. LP46040, Page 5 of 11 Packet Pg. 331  Attachment G summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment G. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department’s Grants Manager identified in paragraph 18 of this Agreement. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment G, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section ___.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled “Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination” (form number DFS-A2-NS) that can be found under the “Links/Forms” section appearing at the following website: https://apps.fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 13. The Grantee may subcontract, assign, or transfer any work under this Agreement without the written consent of the Department's Grant Manager, except as provided in paragraph 3.D.(1)b. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) business days after execution. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be responsible to any subcontractor for any expenses or costs incurred under the subcontract and that the Grantee shall be solely responsible to the subcontractor for all expenses and costs incurred under the subcontract. 14. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 15. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Revised 7/14 DEP Agreement No. LP46040, Page 6 of 11 Packet Pg. 332 16. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 17. Any notices between the Parties shall be considered delivered when posted by Certified Mail, return receipt requested, overnight courier service, electronic mail (e-mail) or delivered in person to the Grant Managers at the addresses below. 18. The Department’s Grant Manager for this Agreement is identified below. Bob Ballard State Revolving Fund Florida Department of Environmental Protection 2600 Blair Stone Road, MS 3505 Tallahassee, Florida 32399-2400 Phone: (850) 245-8401 Fax: (850) 245-8411 Email: Bob.Ballard@dep.state.fl.us Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement. 19. The Grantee’s Grant Manager for this Agreement is identified below. Marcella B. Eubanks Okaloosa County Clerk of Circuit Court 1804 Lewis Turner Boulevard, Suite 206 Ft. Walton Beach, Florida 32547 Phone: (850) 651-7200 Ext. 4381 Fax: (850) 609-5029 Email: meubanks@clerkofcourts.cc Any changes to the contact information shown above must be reduced to writing in the form of a Change Order to this Agreement. 20. To the extent required by law, the Grantee will be self-insured for worker’s compensation, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of Grantee’s employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Any self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, Revised 7/14 DEP Agreement No. LP46040, Page 7 of 11 Packet Pg. 333 adequate insurance satisfactory to the Department, for the protection of those employees not otherwise protected. 21. A. The Grantee shall secure and maintain Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $100,000 each occurrence and $300,000 aggregate. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the Grantee or anyone directly or indirectly employed by him. B. The Grantee shall secure and maintain Commercial Automobile Liability insurance for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or by anyone directly or indirectly employed by him. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if applicable $300,000 Hired and Non-owned Liability Coverage C. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) days written notice (with the exception of non-payment of premium which requires a 10 day notice) to the Department's Procurement Administrator. 22. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. 23. RESERVED. 24. The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee’s cost or time, shall require formal amendment to this Agreement. 25. RESERVED. 26. RESERVED. 27. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. Revised 7/14 DEP Agreement No. LP46040, Page 8 of 11 Packet Pg. 334  B. An entity or affiliate, as defined in section 287.134, Florida Statutes, who has been placed on the discriminatory vendor list 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 28. A. The accounting systems for all Grantees must ensure that funds awarded by this grant are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. B. If the Department finds that these grant funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. C. If the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 29. Land acquisition is not authorized under the terms of this Agreement. 30. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the Revised 7/14 DEP Agreement No. LP46040, Page 9 of 11 Packet Pg. 335 remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 31. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Revised 7/14 DEP Agreement No. LP46040, Page 10 of 11 Packet Pg. 336  IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. OKALOOSA COUNTY STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: By: Chairman Program Administrator State Revolving Fund Date: Date: Bob Ballard, DEP Grant Manager FEID No.: Approved as to form and legality: DEP Attorney List of attachments/exhibits included as part of this Agreement: Letter/ Specify Type Number Description (include number of pages) Attachment A Project Work Plan (2 Pages) Attachment B Disbursement Request Package (3 Pages) Attachment C Contract Payment Requirements (1 Page) Attachment D Progress Report Form (1 Page) Attachment E Reserved Attachment F Reserved Attachment G Special Audit Requirements (5 Pages) Revised 7/14 DEP Agreement No. LP46040, Page 11 of 11 Packet Pg. 337  ATTACHMENT A PROJECT WORK PLAN OKALOOSA COUNTY LP46040 Project Title: Okaloosa Island / Wright Area Gravity Sewer Rehabilitation Project Location: The project area is on Okaloosa Island and in the Ocean City/Wright neighborhoods of unincorporated Okaloosa County, surrounding the City of Fort Walton Beach. The areas to be rehabilitated are all in the watershed of Choctawhatchee Bay and the Gulf of Mexico. Project Background: The subject project will include relining gravity sewer lines and manholes (primarily brick) that have aged far beyond their usable service life and are leaking throughout Okaloosa County Water and Sewer's (OCWS) service areas on Okaloosa Island (a coastal barrier island) and in unincorporated areas surrounding Fort Walton Beach. The relining of leaking gravity sewer lines and manholes that are located above the normal groundwater table will eliminate the introduction of raw sewage into the surrounding ground. The areas to be rehabilitated are all within the watersheds that feed the Choctawhatchee Bay and Gulf of Mexico. The elimination of raw sewage entering the ground in these areas will serve to reduce pollutant runoff into both of these pristine bodies of water. In addition, the inflow of excess stormwater will be reduced during heavy rain events (such as hurricanes and tropical storms) which will greatly reduce increased flows to the water reclamation facilities during such events. High flows in the system increase the possibility of sewage spills at lift stations throughout the system during storm events, which are frequent in the coastal area to be covered in this project. This ongoing problem was highlighted by the unprecedented rains experienced in the area during the last week of April as sewer systems throughout the area were inundated with excess flow and sewage spills contaminated both Choctawhatchee Bay and Santa Rosa Sound, which both feed into the Gulf of Mexico through the East Pass at Destin. Also, infiltration into leaking manholes and sewer lines causes subsidence of the soil surrounding the faulty infrastructure, which can lead to significant cave-ins of the ground surface above. These sinkholes will disturb either the natural environment or man-made improvements (pavement, sidewalks, etc.) located above them. Project Description: The project will include relining gravity sewer lines with cured-in-place pipe (CIPP) or in some cases, where the condition dictates, CIPP point repairs will be installed in lieu of complete relining from manhole to manhole. Problem manholes that have been identified as in poor structural condition within the described service areas will be completely relined, including the re-establishment of structural integrity as needed. As part of construction, the sewer lines will be cleaned, inspected, and prepared for rehabilitation. Closed circuit TV (CCTV) recordings will be made before and after repairs are made. Revised 7/14 DEP Agreement LP46040, Attachment A, Page 1 of 2 Packet Pg. 338 Task 1: Construction Deliverable: Copy of contracts, bid tabulations, contractor’s schedule of values with supporting documentation, and CCTV records (on DVD) of all rehabilitated sewer or representative photos of completed work. Timeline for completion: June 30, 2016 Budget Information: Salaries: N/A Fringe Benefits: N/A Travel: N/A Contractual: Construction $450,000 Equipment: N/A Supplies/Other Expenses: N/A Land: N/A Indirect: N/A Performance Standard: The DEP Grant Manager will review periodic requests for funds for the deliverables to ensure they are eligible for reimbursement. Total Budget by Task and Deliverables: Local Funds and Source Tasks DEP Funding Local Funds Source of Funds 1 Construction $450,000 N/A Total $450,000 N/A The FY2014-15 GAA did not require a match for these projects. Revised 7/14 DEP Agreement LP46040, Attachment A, Page 2 of 2 Packet Pg. 339  ATTACHMENT B Disbursement Request Package Legislative Projects (LP) Grants 1. Grantee/Recipient OKALOOSA COUNTY 2. Project Number LP46040 Date of Request 3. Disbursement Request Number Required Match % 0 4. Type of Request: Partial Final 5. Federal Employer Identification Number 59-6000765 6. Task/Deliverable No. 7. Mail EFT Send Remittance to: Disbursement Details (cumulative amounts rounded to the nearest dollar) Amount this Total NOTE: Can only claim expenses in approved budget. Request Cumulative 1. Contractual Services 2. Total 3. Disbursements previously requested 4. Amount Requested for Disbursement (line 2 minus 3) ** SUBMIT ONE ORIGINAL COPY OF THIS FORM AND SUPPORTING DOCUMENTATION FOR EACH DELIVERABLE TO: ** Florida Department of Environmental Protection State Revolving Fund Management MS 3505 2600 Blair Stone Road Tallahassee, Florida 32399-2400 or email your request to: SRF_Reporting@dep.state.fl.us DEP Agreement No. LP46040, Attachment B, Page 1 of 3 Packet Pg. 340  Grant Manager’s Certification of Disbursement Request I, , (name of Grantee’s Grant Manager designated in the Agreement) on behalf of , do hereby certify that: (name of Grantee/Recipient) 1. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in Attachment A of the Agreement; 2. All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in paragraph 3D; 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts; 4. If funds were advanced, all funds received to date have been applied toward completing the project; and 5. All permits and approvals required for the construction which is underway have been obtained. ( Signature of Grant Manager) (Date) DEP Agreement No. LP46040, Attachment B, Page 2 of 3 Packet Pg. 341  Engineer’s Certification of Disbursement Request ONLY SUBMIT IF CONSTRUCTION IS PART OF THE PROJECT I, , being the Professional Engineer retained by (name of Professional Engineer) , am responsible for overseeing construction of the (name of Grantee/Recipient) project described in the Agreement and do hereby certify that: 1. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection; 2. Payment is in accordance with construction contract provisions; 3. Adequate construction supervision is being provided to assure compliance with construction requirements and Florida Administrative Code Chapter 62-600 or Chapter 62-604, as appropriate; 4. Construction up to the point of this disbursement is in compliance with the approved plans and permits; 5. All changes, additions, or deletions to the construction contract(s) have been documented by change order and all change orders have been submitted to the Department; and 6. All additions or deletions to the Project which have altered the Project’s performance standards, scope, or purpose (since issue of the pertinent Department permit) have been identified in writing by amendment to this Agreement. Signature of Professional Engineer Firm or Affiliation (Date) (P.E. Number) DEP Agreement No. LP46040, Attachment B, Page 3 of 3 Packet Pg. 342  ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference_guide.htm DEP 55-219 (05/2008) DEP Agreement No. LP46040, Attachment C, Page 1 of 1 Packet Pg. 343  ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: LP46040 Grantee Name: OKALOOSA COUNTY Grantee Address: Grantee’s Grant Manager: Telephone No.: Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Project Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. NOTE: Use as many pages as necessary to cover all tasks in the Project Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. LP46040 and accurately reflects the activities associated with the project. Signature of Grantee’s Grant Manager Date DEP Agreement No. LP46040, Attachment D, Page 1 of 1 Packet Pg. 344  ATTACHMENT G SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., 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 with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 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 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection 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 of Environmental Protection. 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 of 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. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and 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. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://12.46.245.173/cfda/cfda.html. DEP 55-215 (03/09) DEP Agreement No. LP46040, Attachment G, Page 1 of 5 Packet Pg. 345 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 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 Department of Financial Services; 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 of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate 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), 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. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the 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. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at http://www.myflorida.com/, Department of Financial Services’ Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment 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: DEP 55-215 (03/09) DEP Agreement No. LP46040, Attachment G, Page 2 of 5 Packet Pg. 346  A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.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, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us DEP 55-215 (03/09) DEP Agreement No. LP46040, Attachment G, Page 3 of 5 Packet Pg. 347  B. The Auditor General’s Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or 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 of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the 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 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (03/09) DEP Agreement No. LP46040, Attachment G, Page 4 of 5 Packet Pg. 348  EXHIBIT – 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Original General Revenue, Line Item 2014-2015 37.039 Statewide Surface Water Restoration $450,000 140047 Agreement 1668A and Wastewater Projects Total Award $450,000 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. Packet Pg. 349 DEP 55-215 (03/09) DEP Agreement No. LP46040, Attachment G, Page 5 of 5  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Approval for Award of Bid for Tanglewood/Overbrook Stormwater Improvements Grant (PW 7 DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Seeking Approval for Award of Bid for Tanglewood/Overbrook Stormwater Improvements Grant (PW 71-14). BACKGROUND & ANALYSIS: On September 11, 2014, sealed bids were opened regarding the Tanglewood/Overbrook Stormwater Improvements project and three (3) bids were received. The Public Works Department has reviewed the bids and recommend that the bid be awarded to H&T Contractors as the lowest bid at $401,621.50. The amount of the grant is $414,000. This awarded contract will encompass the rehabilitation and improvement to two separate stormwater management ponds. Work for both sites will include clearing and grubbing, demolition of old structures, new structures, fencing and landscaping. RECOMMENDATION: Staff recommends awarding the bid to H&T Contractors with a bid of $401,621.50. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 350 Packet Pg. 351  BID SHEET BID #: 71-14 Tanglewood Overbrook Stormwater VENDOR TOTAL PRICE Fleischman’s $459,030.78 H&T $401,621.50 Green Energy $1,196,259.00 Packet Pg. 352  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Approval to Negotiate Contracts for Arch, Eng & Aviation Planning Services (AP 54-14) DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Requesting approval for contract negotiations with Michael Baker and RS&H for Architectural, Engineering & Aviation Planning Services. (AP 54-14). BACKGROUND & ANALYSIS: The Airports Department requested to solicit firms for Architectural, Engineering, and Aviation planning services in support of its Capital Maintenance and Improvement Program. The Board approved the Request for Qualifications (RFQ) on May 20, 2014. The RFQ was due on August 22, 2014, and three (3) proposals were received. The Airports Department has requested that two (2) of the responsive firms be selected. The committee has reviewed the proposals and selected Michael Baker and RS&H as the two (2) top ranking firms and now request to enter into contract negotiation with both firms. This support will be required at Okaloosa Regional Airport, Bob Sikes Airport, and Destin/Fort Walton Beach Airport. The scope of professional services includes, but is not limited to; preparation of plans, specifications, construction contract documents, cost estimates, and engineer’s reports; architectural services to design or modify new and existing facilities; assisting in the development of Federal and State grant applications, grant administration, and closeout documentation. The term of the resulting contract(s) will be for three (3) years. The County reserves the right to renew the contract(s) for two (2) additional one-year contract periods. OPTIONS: Approval/Deny entering into contract negotiation with Michael Baker and RS&H for Architectural, Engineering & Aviation Planning Services. RECOMMENDATION: Staff recommends approval of entering into contract negotiation with Michael Baker and RS&H for Architectural, Engineering & Aviation Planning Services. RECOMMENDED BY: Packet Pg. 353 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 354 Packet Pg. 355 Packet Pg. 356  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: TDC Chairman & Vice-Chairman – FY 2015 DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Selection of the TDC Chairman and Vice-Chairman for FY 2015. BACKGROUND: Dale Peterson and Tom Rice have served as Chairman and Vice-Chairman, respectively, of the Tourist Development Council (TDC) during FY 2014. At its September 18 meeting, the TDC voted 6-1 to reappoint Mr. Peterson and Mr. Rice to their current positions for a second term during FY 2015. Pursuant to the TDD Operations & Procedures Manual, “The Board shall have the option of designating the Council Chairman or allowing the Council to elect a Chairman. Terms for the Chairman and Vice-Chairman of the Council shall be for one (1) fiscal year. They may be re- appointed by a majority vote of the Council, but cannot serve more than two (2) fiscal year terms.” No action is necessary unless the Board wishes to exercise its option to designate the TDC Chairman. OPTIONS: No Action or Disapprove RECOMMENDATION: Take no action and allow the TDC to elect its own Chairman and Vice-Chairman. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 357  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Destin Fire Control District – lifeguard interlocal renewal DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Request approval for Chairman to sign interlocal agreement renewal with the Destin Fire Control District for Beach Safety & Lifeguard Services. BACKGROUND: The Destin Fire Control 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. The current interlocal agreement expires 9/30/14, but contains a provision for up to two additional one-year terms. The County provided the Contract/Lease Renewal Form to the Fire District on July 8. The County received the signed renewal form on September 17, and therefore was unable to present the renewal for Board consideration prior to the expiration of the current interlocal agreement. In accordance with the terms of the interlocal agreement, funding will be in an amount equal to that which is budgeted and appropriated by the Board of County Commissioners to the Okaloosa County Beach Safety Division for the provision of beach safety and lifeguards services within the Service Area. The amount budgeted for fiscal year 2014-2015 is $519,157. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve renewal of the interlocal agreement with the Destin Fire Control District for Beach Safety & Lifeguard Services, and authorize Chairman to sign the renewal. RECOMMENDED BY: Packet Pg. 358 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 359 Packet Pg. 360 Packet Pg. 361  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Special Event and Sponsorship Funding DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Request approval of payments for Special Events and Sponsorships in a reasonable and consistent manner for documented marketing activities that do not involve payment to third-party vendors. BACKGROUND: Pursuant to the TDD Operations & Procedures Manual, special event and sponsorship funding is awarded on a value-based or results-based approach: “up to $10 per historically documented or anticipated room night.” However, reimbursement is on a cost-based or efforts-based approach: “Substantiating backup per activity or copy of proof of payments such as cleared check record showing front and back of checks, or detailed credit card receipts. For all media buys please provide tear sheets, copies of advertisements, schedules and signed station affidavits.” There is definitive marketing value in website exposure and the County has historically paid third-party vendors on a per-impression basis as part of the strategic marketing plan. A rate of $0.20 per impression has been consistently used to compensate special events for promoting the Emerald Coast in their online marketing. Examples of events include: Previous Payments Pending Payments Emerald Coast Golf Tour Emerald Coast Volleyball Emerald Coast Sports Camps Destin Seafood Festival Emerald Coast Volleyball In addition to the per-impression methodology discussed above, there is also definitive marketing value in: • Appearing on the first page of Google search results and the County has historically paid third-party vendors for search engine optimization. A rate of $150 per month has been used to compensate Emerald Coast Sports Camps for search engine optimization; and • Telephone sales calls approach to attracting out of state coaches to the area and thereby driving room occupancy. Were it not for these efforts, the event would not have occurred. A rate of $3.50 per out-of-town visitor has been used to compensate Emerald Coast Sports Camps for bringing a sporting event in the Emerald Coast. Although the County has historically reimbursed entities for the marketing activities discussed above, payment has recently been denied for such expenditures. Staff is in the process of revising the Special Event and Sponsorship Funding guidelines to address the inherent policy contradiction between the basis of awarding funding and the basis of payment/reimbursement as well as marketing activities that do not involve payment to third-party vendors. In the meantime, Packet Pg. 362 Board approval is requested to recognize that the TDD is essentially contracting with special events for the aforementioned marketing exposure, not all of which may involve payment to third-party vendors. OPTIONS: Approve or Disapprove RECOMMENDATION: Request approval of payments for Special Events and Sponsorships in a reasonable and consistent manner for documented marketing activities that do not involve payment to third-party vendors. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 363  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Approve two Supplemental Joint Participation Agreements DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve two Supplemental Joint Participation Agreements (SJPAs)to assist with higher priority projects at Northwest Florida Regional Airport. BACKGROUND: The attached SJPAs change the description of two grants previously issued for projects at Bob Sikes Airport. One is being renamed from an aircraft parking apron overlay to the purchase and installation of two passenger loading bridges at VPS. This project is currently under a recently accepted Federal Aviation Administration (FAA) grant. The Florida Department of Transportation (FDOT) and County shares are about $97,500 each. The County funding is planned from Passenger Facility Charges (PFC). The second SJPA was originally for erosion control at Bob Sikes, but that has been accomplished as a Florida Emergency Management Agency (FEMA) project. The SJPA renames the project to provide 50% FDOT matching funds ($50,000) for the upgrade of the VPS access control system. The Airport has sufficient funding budged in FY 15 for its share. OPTIONS: Approve, Disapprove, Table RECOMMENDATIONS: Airport Staff recommends acceptance of the two grants by approving the attached SJPAs and Signature Resolutions. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator 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  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Reject current bids and re-bid for construction of Destin Airport Air Traffic Control Tower DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to reject all bids and approve the request to re-bid the Destin Airport Air Traffic Control Tower by authorizing staff to advertise for a new Request For Bids for the construction of the project with the updated construction plans and specifications. BACKGROUND: : Okaloosa County publicly advertised and competitively bid for the construction of the Destin Airport Air Traffic Control Tower on 7/1/14. The sealed bids were opened on 7/30/14. Three (3) bids were received and evaluated by Reynolds Smith & Hill and all three bids contained mathematical errors and had differences which exceeded $500,000.00 between each total-as-read bid schedule. Furthermore, during the bid evaluation phase to identify a responsive low bidder, it was determined that a change in scope was necessary to address additional tower site security measures. Additionally, more time is needed to re-align the construction schedule with the tower cab equipment installation in conjunction with the Federal Aviation Administration Airway Facilities Division and the required completion of a small scale future land use map amendment and rezoning for the tower site by the City of Destin. Pursuant to 17.1 of the Contract Bid Documents, and in consultation and with the approval of both the Federal Aviation Administration and Florida Department of Transportation (the funding agencies) it was determined that it is in the best interest of the County to reject all bids and advertise for a new Request For Bids for the construction of the project. OPTIONS: Approve, Reject or Table RECOMMENDATIONS: Approve the request to reject all bids and re-solicit RFB's for the construction of the Destin Airport Air Traffic Control Tower. RECOMMENDED BY: Packet Pg. 376 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 377 -----Original Message----- From: Greg Stewart Sent: Saturday, September 27, 2014 11:32 AM To: Tracy Stage; Zan Fedorak; Hoshihara, Lynn Cc: John Hofstad; Sunil Harman; Wendy Cain; Lori Fox; Patrick Kennedy Subject: RE: ARFF & ATCT These are fine. Gregory T. Stewart County Attorney Okaloosa County, Florida Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. ________________________________________ From: Tracy Stage Sent: Friday, September 26, 2014 12:05 PM To: Greg Stewart; Zan Fedorak; Hoshihara, Lynn Cc: John Hofstad; Sunil Harman; Wendy Cain; Lori Fox; Patrick Kennedy Subject: FW: ARFF & ATCT Hello Greg, Per our 9-24 meeting discussions, please find the attached Agenda Requests for the Destin Air Traffic Control Tower and the ARFF. Please review/revise and discuss with Zan for placement on the Oct 7 BCC for approval. Thank you, Tracy From: Sunil Harman Sent: Friday, September 26, 2014 10:23 AM To: Tracy Stage Subject: RE: ARFF & ATCT Tracy, Please note revised with my changes for coordination with Greg, John Hofstad and Zan. Sunil Harman A.A.E., IAP Director of Airports, Okaloosa County 1701 State Road 85 North Eglin AFB, FL 32542-1498 850-651-7160 ext. 4 [cid:image003.jpg@01CFD973.E6398730] Packet Pg. 378  Northwest Florida Regional Airport (VPS) Destin Airport (DTS) Crestview / Bob Sikes Airport (CEW) "Please note: Due to Florida's very broad public records laws, most written communication to or from County employees regarding County business are public records, available to the public upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure." From: Tracy Stage Sent: Thursday, September 25, 2014 2:14 PM To: Sunil Harman Subject: ARFF & ATCT Please review the attached AR’s. Thank you, Tracy Stage, A.A.E. Deputy Director Okaloosa County Airports (850) 651-7160 Ext. 4 http://www.flyvps.com<http://www.flyvps.com/> Packet Pg. 379  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Request to solicit bids for construction of the Aircraft Rescue and Fire Fighting Facility DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve the request to solicit Requests For Bids for construction of the Aircraft Rescue and Fire Fighting Facility (ARFF) on Eglin Air Force Base. BACKGROUND: The Board of County Commissioners approved the construction award to Birkshire, Inc. on 12/17/13. The Board of County Commissioners approved the Chairman to sign the construction contract on 2/18/14. A Pre-Construction Conference was not held and the Contractor was not issued a Notice to Proceed (NTP) for construction due to County having learned that the base utilities servicing the location were insufficient to provide the required fire protection resulting in the need for the project’s architectural engineering firm to revise the plans and specifications to include additional utility work. On 7/1/14 the contractor retracted the payment and performance bond and insurance. Given the extensive change in the scope of utility work, the need to optimize grant funds for construction, and concerns about the low-bid contractor’s inability to perform and deliver on schedule a much simpler parking lot project under a separate contract obligation at Bob Sikes Airport, the Airports’ Department, in consultation with and approval from the Federal Aviation Administration and Florida Department of Transportation (the funding agencies) determined that it was not in the best interests of the County to issue the NTP for the project - but instead to rebid it. OPTIONS: Approve, Reject or Table RECOMMENDATIONS: Approve the request to solicit Request For Bids for the construction of the Aircraft Rescue and Fire Fighting Station on Eglin Air Force Base. RECOMMENDED BY: Packet Pg. 380 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 381 -----Original Message----- From: Greg Stewart Sent: Saturday, September 27, 2014 11:32 AM To: Tracy Stage; Zan Fedorak; Hoshihara, Lynn Cc: John Hofstad; Sunil Harman; Wendy Cain; Lori Fox; Patrick Kennedy Subject: RE: ARFF & ATCT These are fine. Gregory T. Stewart County Attorney Okaloosa County, Florida Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. ________________________________________ From: Tracy Stage Sent: Friday, September 26, 2014 12:05 PM To: Greg Stewart; Zan Fedorak; Hoshihara, Lynn Cc: John Hofstad; Sunil Harman; Wendy Cain; Lori Fox; Patrick Kennedy Subject: FW: ARFF & ATCT Hello Greg, Per our 9-24 meeting discussions, please find the attached Agenda Requests for the Destin Air Traffic Control Tower and the ARFF. Please review/revise and discuss with Zan for placement on the Oct 7 BCC for approval. Thank you, Tracy From: Sunil Harman Sent: Friday, September 26, 2014 10:23 AM To: Tracy Stage Subject: RE: ARFF & ATCT Tracy, Please note revised with my changes for coordination with Greg, John Hofstad and Zan. Sunil Harman A.A.E., IAP Director of Airports, Okaloosa County 1701 State Road 85 North Eglin AFB, FL 32542-1498 850-651-7160 ext. 4 [cid:image003.jpg@01CFD973.E6398730] Packet Pg. 382  Northwest Florida Regional Airport (VPS) Destin Airport (DTS) Crestview / Bob Sikes Airport (CEW) "Please note: Due to Florida's very broad public records laws, most written communication to or from County employees regarding County business are public records, available to the public upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure." From: Tracy Stage Sent: Thursday, September 25, 2014 2:14 PM To: Sunil Harman Subject: ARFF & ATCT Please review the attached AR’s. Thank you, Tracy Stage, A.A.E. Deputy Director Okaloosa County Airports (850) 651-7160 Ext. 4 http://www.flyvps.com<http://www.flyvps.com/> Packet Pg. 383  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Project 379008-DEV-2014 AT&T Wireless-Ross Hunt site DEPARTMENT: Growth Management BCC DISTRICT: 3 - Commissioner Boyles DEVELOPMENT REVIEW: Consideration of a proposed 180 foot communications tower as submitted by Baker, Donelson, Bearman, Caldwell, & Berkowitz, P.C. on behalf of New Cingular Wireless (AT&T). The property is located on Lee Cook Road, Baker. The property is zoned Agriculture (AA) and has a future land use designation of Agriculture (AG). The subject lease area consists of 10,000 square feet. The overall parcel contains 70 acres more or less. STAFF FINDINGS: Pursuant to Section 2.20.081 Towers and Telecommunications Facilities, Land Development Code (LDC), the purpose of this section is to regulate the placement, construction, and modification of towers and telecommunications facilities. Per Section 2.01.04 (4) Permitted Uses, LDC, communication towers are a permitted use within the Agriculture zoning district. The applicant has provided evidence that no other communication towers or co-location facilities exist within a half-mile radius from the proposed site. The proposed communication tower will support a total of four wireless carriers. The applicant has provided to staff the Determination of No Hazard to Air Navigation from the Federal Aviation Administration (FAA). AVIATION ADVISORY COMMITTEE: Approved 5/29/14. PUBLIC COMMENT/OPPOSITION: None. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at its August 14, 2014 meeting. MILITARY REPRESENTATIVE: Included in Aviation Advisory Committee. RECOMMENDATION: It is recommended that the Board approve development of the subject communications tower. RECOMMENDED BY: Packet Pg. 384 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 385  ATTACHMENT - A 22-5N-24-0000-0003-0010 LAUREL HILL BLACKWATER RIVER STATE FOREST SUBJECT PROPERTY GARDEN CITY BAKER DORCAS CRESTVIEW DEERLAND HOLT Legend : Roads Location Map Packet Pg. 386  ATTACHMENT - B 22-5N-24-0000-0003-0010 RE D N B ARRO HWY W RD 2 9 HWY 18 LEE COOK RD SUBJECT PROPERTY Legend Parcel Lines Aerial Photo : Packet Pg. 387  ATTACHMENT - C 22-5N-24-0000-0003-0010 9N 18 HWY TIMBERLAND 3 IMPROVED AG 69.224859 TIMBERLAND 3 40.065647 69.224859 IMPROVED AG LEE COOK RD 69.889939 STATE TIITF TIMBERLAND 3 522.841403 15.709333 SINGLE FAMILY 1.016071 STATE TIITF IMPROVED AG 522.841403 69.889939 STATE 77.352442 Existing Land Use Map : Packet Pg. 388  ATTACHMENT - D 22-5N-24-0000-0003-0010 RED B ARRO W RD HWY 2 MU CON LEE COOK RD SUBJECT PROPERTY NANAS RD AG N 9 18 Y HW Legend AG Future Land Use Map : Packet Pg. 389  ATTACHMENT - E 22-5N-24-0000-0003-0010 9N RED B ARRO HWY 18 W RD HWY MU 2 LEE COOK RD SUBJECT PROPERTY NANAS RD AA INST : Legend AA Zoning Map Packet Pg. 390 Packet Pg. 391 Packet Pg. 392  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Amendment No. 2 to OCT Agreement #C03-0927-GM DEPARTMENT: Growth Management BCC DISTRICT: ALL STATEMENT OF ISSUE: The Growth Management Department requests that the Board approve the attached Amendment 2 to Okaloosa County Transit’s contract: C03-0927-GM. Amendment 2 updates Section 7 part A of Attachment 1 with the new rates that were established by the Commission for the Transportation Disadvantaged Contract ARG20. BACKGROUND: Okaloosa County Transit’s contract number C03-0927-GM was executed by Okaloosa County Board of County Commissioners on August 2, 2005. On September 7, 2010 the Okaloosa BCC extended the contract to September 30, 2015. RECOMMENDATION: The Growth Management Department requests that the Board approve Amendment 2 to Okaloosa County Transit’s contract C03-0927-GM. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 393 Packet Pg. 394 Packet Pg. 395  EXHIBIT B CONTRACT, LEASE, AGREEMENT CONTROL FORM Date: 9/13/10 Contract/Lease Control #: C03-0927-GM Bid #: NIA Contract/Lease Type: AGREEMENT Award TO/Lessee: OKALOOSA COORDINATED TRANSPORTATION Lessor/Owner: OKALOOSA COUNlY Effective Date: 10/01/2010 Expiration Date: 09/30/2015 Description of Contract/Lease: PROVIDE COUNlY TRANSIT SYSTEM Department Manager: =G.:......:.M_ Department Monitor: E. KAMPERT Monitor's Telephone #: 651-7180 Monitor's FAX # OR E-Mail: EKAMPERT@CO.OKALOOSA.FL.US Date Closed: CONTRACT # C03-0927-GM OKALOOSA COORDINATED TRANSPORTATION OPERATE COUNTI' TRANSIT SYSTEM EXPIRES: 09/30/2015 Cc: Finance Dept Contracts & Grants Division Packet Pg. 396  CONTRACT #C03-0927 -GM OKALOOSA COUNTY TRANSIT OPERATION OF PUBLIC TRANSIT EXPIRES: 09/30/2015 ~MENDMENT NO.1 AGREEMENT between THE OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS and OKALOOSA COUNTY COORDINATED TRANSPORTATION This Amendment made and entered into this 5th day of November 2013 by and between OKALOOSA COUNTY, a political subdivision of the State of Florida having its principal office at 1804 Lewis Turner Blvd, Suite 206, Fort Walton Beach, FL 32547 (hereinafter referred to as "County") and OKALOOSA COUNTY COORDINATED TRANSPORTATION a non-for profit corporation having its principal office at 207 Hospital Drive, Fort Walton Beach, FL 32548 (hereinafter referred to as "OCT"). NOW, THEREFORE, in consideration of the mutual benefits contained herein, the County and OCT agree as follows: ATTACHMENT 1- Agency/Operator Contract Service Description Section I Part A and B - Deleted in its entirety and amended to read as follows; A. Demand Response Period covering July 1, 2013 - June 30, 2014 per rates established by the Commission for the Transportation Contract AR203 Ambulatory $1.40/ passenger mile Wheelchair $1.68/ passenger mile + $5.00 Load fee Stretcher $4.50/passenger mile + $25.00 Load fee AHCA $1.40/ passenger mile + $5.00 Load fee B. Special Multi-loading/same origination or same destination: $1.40/ passenger mile + Applicable Load fees All provisions not in conflict with this Amendment remain in full force and effect, and are to be performed at the level specified in the agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials/ representatives on the day and date indicated below: Page 1 of 2 Packet Pg. 397  For Okaloosa County: For Okaloosa Coordinated Transportation Don R. Amunds, Chairman Ruth Lovejoy, CCTM, Executive Director Okaloosa County Board of County Commissioners Okaloosa County Transit Date Date . tDon Howard, Clerk of Circuit Court Page 2 of 2 Packet Pg. 398  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 5, 2013 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: OCT Contract Amendment 1 DEPARTMENT: Growth Management BCC DISTRICT: ALL STATEMENT OF ISSUE: The Growth Management Department requests that the Board approve the attached Amendment 1 to Okaloosa County Transit's contract; C03-0927-GM. Amendment 1 updates Section 1 part A and B of Attachment 1 with the new rates that were established by the Commission for the Transportation Contract AR203. BACKGROUND: Okaloosa County Transit's contract number C03-0927-GM was executed by Okaloosa County Board of County Commissioners on August 2, 2005 . On September 7, 2010 the Okaloosa BCe extended the contract to September 30, 2015. RECOMMENDATION: The Growth Management Department requests that the Board approve Amendment 1 to Okaloosa County Transit's contract e03-0927-GM. 10129/2013 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 217 . Packet Pg. 399  Minutes Okaloosa County Board of Commissioners Tuesday, November 5, 2013- 6:00 PM Crestview Courthouse I. Public Information Update 1. Public Information Officer PowerPoint II. County Administrator's Update III. Commissioner's Minute 1. Initiate partnership between county parks and National Seashore Park, Okaloosa Island to support boat ramp clean up for local use. ~;~;:,: ~~~~e~~:~:?o~:! Distnct 5 -----l SECONDER: Nathan Boyles, Commissioner, District 3 I ~~~~_~_~~!le:_~ar~~~~~~~_~~~_in~~_~ ____________________ I AYES: ______ IV. Public Comments Related to Current Agenda V. Public Hearing 1. Request public comment and consideration concerning Chapter 2 Zoning Regulations, Section 2.20.00 "Special Uses", creating new subsection 2.20.09 entitled "Aircraft Restricted Zone." District: 5. First of two public hearings on this issue. 2. Request public comment and consideration concerning approval of a Resolution allowing the issuance of Series 2013 Airport Revenue Refunding Bonds. District: All. RESULT: ADOPTED [4 TO 1] MOVER: Kelly Windes, Commissioner District 5 SECONDER: Wayne Harris, Commissioner District 1 AYES: Don Amunds, Nathan Boyles, Wayne Harris, Kelly Windes NAYS: Dave Parisot VI. Consent Agenda Revised: 11/6/2013 3:24 PM Page 1 of 8 Packet Pg. 400 Regular Meeting (North) Minutes November 5, 2013 RESULT: ADOPTED [UNANIMOUS] MOVER: Wayne Harris, Commissioner District 1 SECONDER: Nathan Boyles, Commissioner, District 3 A YES: Amunds, Boyles, Harris, Parisot, Windes Motion 2-34 #1 Separate Vote: Dave Parisot motion, second Kelly Windes; approved 5/0 1. Request approval of hangar lease renewal for Block 6, Lot 4 at the Destin/Fort Walton Beach Airport. 2. Request approval of and authorize the Chairman to execute Task Order No. 15 with LPA Group Inc for design and construction management services for passenger loading bridges at Northwest Florida Regional Airport - Gates A-I and A-2 3. Approve Task Order No 54 and 55 with Okaloosa County Transit for Reimbursement of Operating Costs for Fixed and Paratransit Service for FY14 General Revenue Budgeted Line Items 4. Request approval of staff recommendation to appoint Michael Banks to the Code Enforcement Board. 5. Request approval of the firm recommended by the selection committee for Coastal and Environmental services for the Tourist Development Department 6. Request approval of Request For Qualifications (RFQ) #IS 02-14 for Information Technology Services for Okaloosa County Information Systems, and approval of a proposed review & selection committee. 7. Request approval of the official minutes for September 3, 2013 Regular Meeting, September 5, 2013 Tentative Budget Hearing, September 16,2013 Final Budget Hearing and September 17, 2013 Regular Meeting. 8. Request approval of Budget Resolutions & Budget Transfer for 2013 and 2014. 9. Request approval of and authorize the Chairman to execute Local Government Certification for Okaloosa Community Development Corporation application to Florida Department of Children and Families for Emergency Solutions grant for provision of homeless prevention activities. 10. Request approval of and authorize the Chairman to execute Local Government Certification for Opportunity Inc application to Florida Department of Children and Families for Emergency Solutions grant for provision of homeless shelter activities. 11. Request approval of and authorize the Chairman to execute a Proclamation declaring November 2013, "Drug Court Month" in Okaloosa County. 12. Request authorization for the Chairman to execute Engineering Task Order 04 for the Water and Sewer System Fiscal Year 2014 Subsurface Utility Engineering (SUE) Services Project Okaloosa County Board o/Commissioners Page 2 Primed 11/6/2013 Packet Pg. 401 Regular Meeting (North) Minutes November 5, 2013 13. Request approval of and authorize the Chairman to execute Amendment # 6 to the Okaloosa Community Development Corporation contract pertaining to the Neighborhood Stabilization Program. 14. Request approval of & authorize the Chairman to execute Amendment 1 to the contract with Okaloosa County Transit concerning an update to rates 15. Request approval of a request submitted by the Public Defender's Office for a transfer from reserves in the amount of $773.13 to cover the cost of support for the wireless network at the Courthouse Annex 16. Request approval to award stand-by contracts for Emergency Debris Removal for use in the event of natural disasters 17. Request approval of and authorize the Chairman to execute Amendment 1 to the SHIP Program Administrative Services Agreement. 18. Request authorization to proceed with sale of surplus vehicles and equipment at auction . 19. Request approval of and authorize the Chairman to execute an Addendum to Landrum Staffing Contract for inclusion of a Workers' Compensation code. 20. Request approval of and authorize the Chairman to execute a Resolution waiving the requirement of an annual application or statement for an annual homestead exemption after initial application is made and exemption granted. 21. Request approval of and authorize the Chairman to execute an Assignment of Lease from Regency Acquisition 1, LLC to Hanger 6, LLC for Block 8, Lot 6 at the Destin/Fort Walton Airport. 22. Request approval to renew/purchase Flood Insurance for County properties in flood zones and authorize the Chairman to execute the related contracts. 23 . Request approval of and authorize the Chairman to execute a new Resolution which will amend Resolution 13-146 approved at the October 15 BCC Meeting 24. Request approval of and authorize the Chairman to execute a Resolution to amend Resolution 13-147 related to vacation of right-of-way in Port Dixie, Shalimar. 25. Request approval of a request submitted by Court Administration to change the status of the Veterans' Court Coordinator Position from part-time to full-time, and authorize the Chairman to execute the related Agreement with the First Judicial Circuit. 26. Request approval of and authorize the Chairman to execute Addendum 1 to the Hazardous Waste Services contract for the addition of certain hazardous materials which have been submitted by residents for disposal 27. Request approval of final payment in the amount of $7,290.98 to Gulf Coast Traffic Engineers, Inc. for the Airport Road Safety Improvements LAP Project Oka/oosa COI/Ilty Board of Commissioners Page 3 Prill ted 11 1612013 Packet Pg. 402 Regular Meeting (North) Minutes November 5, 2013 28. Request approval of a final payment in the amount of $5,460.50 on the contract ending 09/30/13 with Technology Integration Group for consulting engineering services 29. Request approval of final payment in the amount of $5,092.40 on the contract ending 9/30/2013 with CH2M HILL Engineers, Inc. for Engineering Services. 30. Request approval of final payment to C. W. Roberts Contracting, Inc for supply of asphalt products in the amount of $14,428.22 31. Request approval of final payment to Fort Walton Concrete for ready mix concrete in the amount of $440.00. 32. Request approval of final payment to Vulcan Materials for limestone base and miscellaneous road materials in the amount of $3,700.93 33. Request approval of final payment to Sandman, LLC, in the amount of $27,364.00 for beach cleaning services. 34. Request approval of and authorize the Chairman to execute an Agreement with Okaloosa Community Development Corporation for SHIP Program Administrative Services. VII. Department Business 1. Elliot Kampert/Growth Management a. Request Approval of Memorandum of Agreement with City of Crestview to Provide Funding for Transit Routes 11 and 12 for 90 days. District: All RESUi:T: ----~~O~;~-[~~~~~-M~U~]--------·--·------I I MOVER: Wayne Harris, Commissioner District 1 I SECONDER: Nathan Boyles, Commissioner, District 3 I AYES: Amunds, Boyles, Harris, Parisot, Windes i . _ _ ._..._ ...___. _ . __. ______._ _. _ _ ._._____ ._.__.....___..__ . ._ .J 2. Richard Brannon/Purchasing a. Request approval to award a contract to Sixel Consulting for Air Service Development Consulting Services for the Northwest Florida Regional Airport. District: All Okaloosa COl/lZty Board o/Commissiollers Page 4 Printed 11/6/2013 Packet Pg. 403  EXHIBITE CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: C03-0927-PI3-71 Tracking Number: #822 Contractor/Lessee Name: OKALOOSA COUNTY TRANSIT Purpose: CONTRACT RENEWAL Date/Term: 5 ADDITIONAL YEARS 1. ~ATER THAN $25,000 2. 0 $25,000 OR LESS Amount: TBD VIA ANNUAL BUDGET 3. 0 $10,000 OR LESS Department: GROWTH MANAGEMENT Dept. Monitor Name: C. JOHNSON Purchasing Review Date: Risk Management Review Date: I. -I ~ -·~.CS· County Attorney Review of:: frt( M (JJi2f 'r;e.;L ~ ~ Approved as written: rJ~t-M W(w h., lxDJj91;> hl<;'~530 County Attorney Date: &_ 1~rfJC Following Okaloosa County Board of County Commissioners approval: Contract & Grant Review Document has been received: Contracts & Grants Manager ---' *Proof of budget approval WILL BE submitted with Agreement for coordination. REVISED BY Bee 11-8-00 Packet Pg. 404  EXHIBIT E CONTRACT & LEASE INTERNAL COORDINATION SHEET ContractiLease Number: C()3 -f8'Z7- PJ3.- 71 Tracking Number: # 450 ContractorlLessee Name: OKALOOSA COUNTY COORDINATED TRANSPORTATION Purpose: COUNTY PUBLIC TRANSIT OPERATION Date/Term: EXPIRES 2118/2005 1. ~ATER THAN $25,000 2. 0 $25,000 OR LESS Amount: AS PER TASK ORDER SCHEDULE 3. 0 $10,000 OR LESS Department: GROWTH MANAGEMENT Dept. Monitor Name: CHRISTY GODWIN Purchasing Review /~(~. ~ r Procu ,emenr uirements are met: [tL C£1( (J23h"Jr--: ' Date: Con ac s [Lease Coordinator r ]- \.. Risk Management Review Approved as written: Date: Risk Management Director County Attorney Review Date: Following Okaloosa County Board of County Commissioners approval: Contract & Grant Review Document has been appropriately reviewed and is executable: \S rJ.-;vJ)Q.k f - (~;Jl~ Date: :-4 - 2- ~ - 03 Contracts & Grants Manager *Proof of budget approval WILL BE submitted with Agreement for coordination. REVISED BY Bee 11-8-00 Packet Pg. 405 01 • 'n :~ EXHIBITE CONTRACT & LEASE INTERNAL COORDINATION SHEET ContractiLease Number: Ct9;5 - f.J127 .. tlJ:3 .. 7 ( Tracking Number: # 450 ContractoriLessee Name: OKALOOSA COUNTY COORDINATED TRANSPORTATION Purpose: COUNTY PUBLIC TRANSIT OPERATION Date/Term: EXPIRES 2/18/2005 1. ~REATER THAN $25,000 2. D $25,000 OR LESS Amount: AS PER TASK ORDER SCHEDULE 3. D $10,000 OR LESS Department: GROWTH MANAGEMENT Dept. Monitor Name: CHRISTY GODWIN Purchasing Review Contr Date: _..y.(1. . : :~-Pl:,. .! :3:. . - Risk Management Director County Attorney Review Approved as written: Date: - - - - - - County Attorney Following Okaloosa County Board of County Commissioners approval: Contract & Grant Review Document has been appropriately reviewed and is executable: f1 \, .~ , . Date: "\. ,- 2. g- - C ~ ontracts & Grants Manager *Proof of budget approval WILL BE submitted with Agreement for coordination. REVISED BY Bee 11-8-00 Packet Pg. 406  600 Transit Way 207 Hospital Drive Phone: 850-833-9173 Ft. Walton Beach, Florida 32547 FtWalton Beach, Florida 32548 Fax: 850-833-9286 June 4,2010 Okaloosa County Board of County Commissioners Purchasing Department Attn: Jack Allen 602-C N. Pearl Street Crestview, FL 32536 7 /6- Subject: Okaloosa County Transit Extension of Contract #C03-092lpI8-7t G~ Mr. Allen, Okaloosa County Transit wishes to renew subject contract for an additional (5) years. Should the extension be granted the contract renewal period will be 10/1/2010 to 9131/2015. As directed on page 16, "XV Expiration of Agreement" please accept this letter as Okaloosa County Transit's formal request for an extension. Sincerely, ~L~~!'~ Executive Director cc. Lani Birchett, Okaloosa County Transit Coordinator and Grants Manager Ruth R. Lovejoy, CCTM Barry Peterson, CCTM Executive Director Program Manager Packet Pg. 407  OKALOOSA BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST • DATE: TO: FROM: September 7, 2010 The Honorable Chairman and Members of the Board of County Commissioners Elliot L. Kampert, AICP; Growth Management Director SUBJECT: Approval of Extension of Agreement for Operation of Okaloosa County Public Transit System DEPARTMENT: Growth Management Department DISTRICT: All STATEMENT OF ISSUE: The Growth Management Department requests that the Board approve an extension to the Agreement for Operation of Okaloosa County Public Transit and authorize the Chairman to sign an extension letter to Okaloosa County Transit. BACKGROUND: Okaloosa County Transit (OCT) was selected on February 1,2000 through a competitive procurement process to coordinate transportation services for the transportation disadvantaged and to provide public transportation services in Okaloosa County. The Florida Department of Transportation and the Federal Transit Administration (FTA), as • grantors of public transit funds to the County, required in 2005 that the County enter into a formal operating contract with the selected operator. The agreement outlines the role and responsibilities of OCT, including obtaining Board approval for schedule and fare changes, development of public transit routes and submission of an annual operating budget. The agreement also states that the County will administer all applicable State and Federal grant programs. The Board will assign task orders to the agreement for transportation services. Task orders will detail the services agreed upon, funding amounts, allowable and reasonable cost reimbursement, and method of payment for services rendered. The agreement is scheduled to expire September 30, 2010 and allows for provisions to extend the agreement with written approval. It is requested that the agreement be extended for (5) years with an expiration date of September 30,2015. RECOMMENDATION: The Growth Management Department recommends that the Board authorize the Chairman to sign the extension letter to the Agreement for Operation of Okaloosa County Public Transit. RECOMMENDED BY: ~(>fJ.~ ~ Department Head APPROVED BY: _ _ _ ---::;\-~_:_-:-~-:--~-,C __-+-_ __ dministrator • Packet Pg. 408  , State of Florida Board of County Commissioners • September 7, 2010 Okaloosa County Transit Attn: Ms. Ruth Lovejoy 207 N.E. Hospital Drive Fort Walton Beach, FL 32548 Subject: Agreement for Operation of Okaloosa County Public Transit System Dear Ms. Lovejoy: The Okaloosa County Board of Commissioners agrees to renew the subject contract, # C03-0927-GM for an additional (5) years. The contract renewal period is 10/112010 to 09/3112015. Option "XV. Expiration of Agreement" of the original agreement, will be exercised allowing for the extension with written approval. Sincerely, • Wayne Harris Chairman CC: Jack Allen, Purchasing Services Manager, Okaloosa County BCC Lani Birchett, Transit Coordinator & Grants Manager, Okaloosa County BCC Courthouse 101 E. James Lee Blvd .• Crestview, FL 32536 (850) 689-5030 • FAX: 689-5059 Courthouse Annex 1250 N. Eglin Pkwy.• Shalimar, FL 32579 (850) 651-7100 Fort Walton Beach, FL 32547 (850) 651-7105· FAX: 651-7142 • 1804 Lewis Turner Blvd Lewis Turner., Suite 100 Packet Pg. 409  EXHIBIT B CONTRACT, LEASE, AGREEMENT CONTROL FORM Date: 4/24/2003 Contract/Lease Control #: C03-0927 -PI8-71 Bid #: NIA Contract/Lease Type: AGREEMENT Award To/Lessee: OCT Lessor: Effective Date: 4115/2003 Term: EXPIRES 9/30/2010 Description of Contract/Lease: OPERATE THE OKALOOSA COUNTY PUBLIC TRANSPORATION SYSTEM Department Manager: GROWTH MANAGEMENT Department Monitor: CHRISTY GODWIN Monitor's Telephone #: 651-7180 Monitor's FAX #: 651-7706 Date Closed: Packet Pg. 410  AGREEMENT FOR OPERATION OF OKALOOSA COUNTY PUBLIC TRANSIT This Agreement is made and entered into this...2ndday of Aug!lst 2005 by and between Okaloosa County, a political subdivision of the State of Florida, the Community Transportation Coordinator and Public Transit Authority, hereinafter referred to as the "County" and Okaloosa County Coordinated Transportation, Inc., a non-profit agency, hereinafter referred to as "OCT" and WHEREAS, this agreement supercedes all others for operation of Okaloosa County Transit; WHEREAS, transportation disadvantaged funds includes any local government, state or federal funds that are for the transportation of transportation disadvantaged; and WHEREAS, public transportation funds includes any local government, state or federal funds that are for the transportation of all persons; and WHEREAS, the County is the designated recipient of all federal and state transportation funds; and WHEREAS, the County is designated as the Coordinated Community Transportation Provider in accordance with Chapter 427, Florida Statutes, which requires one provider to coordinate all transportation services to the transportation disadvantaged in each county; and WHEREAS, the County, as Coordinator, is required, under Rule 41-2.011, EA.C, when cost effective and efficient, to enter into contract with a transportation Agency/Operator to provide transportation services; and WHEREAS, the County, as Coordinator, desires to contract with the Agency/Operator for the provision of transportation services for Okaloosa County, including the transportation disadvantaged; and WHEREAS, the County, as Coordinator, believes it to be in the public interest to provide such transportation services through the Agency/Operator for the residents of the service area who are clients of the Agency/Operator; and WHEREAS, the Agency/Operator will provide the County, as Coordinator, the opportunity to develop a proposal for any new transportation services needed; and WHEREAS, the Agency/Operator, in an effort to coordinate available resources, will make available transportation services to the County; and WHEREAS, this Contract allows for the provisions of transportation services be provided by the Agency/Operator, in accordance with Chapter 427, F.S., Rule 41-2, F.A.C., and the most current Community Transportation Coordinator policies; and WHEREAS, the County has acquired vehicles and equipment for the operation of a public transportation system in and around the urbanized areas of Okaloosa County, Florida, hereinafter referred to as the "System"; and CONTRACT: COUNTY PUBLIC TRANSPORT A nON OPERA nONS CONTRACT NO.: C03-0927-PI8-71 - 1 - OCT EXPIRES: 9/30/2010 Packet Pg. 411 WHEREAS, the County has previously designated the Growth Management Department as the transportation program administrator, including official authorization to represent the County in such matters and to make presentations to the County regarding funding requests and dispersion of those funds; and WHEREAS, the County has publicly advertised for qualified operators to provide transportation services; and WHEREAS, the County wishes to contract with OCT as a qualified management team with supporting assets and knowledge appropriate to the conduct and operation of such a system; and WHEREAS, OCT is capable of providing public transportation management services and supporting assets; and NOW THEREFORE, in consideration of the foregoing mutual recitals, covenants, promises, representations and agreements herein, the parties hereto do agree that the County hereby contracts with OCT, and OCT hereby agrees, to manage and operate the System upon the tenns and conditions hereinafter set forth: I. DUTIES OF THE COUNTY: A. Assign task orders to this agreement for local government, state and federally funded transportation services. Task orders shall detail the services agreed upon, funding amount, allowable and reasonable cost reimbursement, and method of payment for services rendered. Reimbursement rates shall not increase in excess of 25.5% annually (CPI) without written consent of the County. B. Provide certain funding of the transit system, as hereinafter set forth. C. Recognize OCT as described in Chapter 427, FS., and Rule 41-2, FA.C. D. Insure that entities with transportation disadvantaged funds will purchase transportation- disadvantaged services through the coordinated system. F. At a minimum, annually monitor OCT for insurance, safety and reporting requirements, pursuant to Chapter 427, FS., and Rule 41-2, FA.C. G. Annually review all contracts, subcontracts and coordination contracts for confonnance with the requirements of this Agreement. H. Hold public hearings and grant final approval of public transit routes, marketing, fare, rate and schedule changes. I. Lease vehicles and office facilities and provide equipment, purchased with Florida Department of Transportation (FDOT) and Federal Transit Administration (FTA) grant funds, to OCT for the operation of the System; - 2 - Packet Pg. 412  J. Administer all public transportation grant programs, including, but not limited to: 1. Development of Project Lists 2. Development and Submission of Funding Proposals and Applications 3. Submission of Purchase Requests 4. Preparation of Financial and Program Reports 5. Update of the Transit Development Plan and Transportation Development Service Plan 6. Submission of the Annual Operating Report, National Transit Database, Drug and Alcohol and TEAM Reports in cooperation with OCT 7. Submission of quarterly Safety and Security Reports in cooperation with OCT. II. DUTIES OF OCT: A. Coordinate available resources and make available transportation services to the County. Such services shall be provided in accordance with Attachment I. B. Contract with service agencies, as authorized by the County, as coordinator, to provide transportation services on behalf of the County. C. Maintain a Medicaid provider number and submit and receive requests for payments. D. Provide executive and administrative management of the system; including hiring, paying, supervising, assigning, and discharging all personnel necessary to the proper functioning of the System, including but not limited to drivers, mechanics, clerical, and maintenance personnel. E. Analyze and manage financial and administrative matters pertaining to the operation of the System; and to provide clerical, statistical and bookkeeping support. F. Receive and pay reasonable invoices on behalf of the County for all contract operators. G. Operate the System to provide public transportation services; including but not limited to the conduct of driver training and testing; provision of recommendations for route modifications; building and vehicle maintenance; and all other duties designated from time to time by the County and constituting a function of public transportation service. H. Work cooperatively with the Growth Management Department and forward all requested reports, financial and operating data, updates and corrections, including but not limited to: 1. Submission to the County an annual audit prepared by a certified public accountant. (The County may require OCT to file annually a financial statement prepared by a certified public accountant, showing in detail the gross annual receipts and expenditures covering OCT's operations during the preceding fiscal year. Necessary costs incurred for preparation of such statements shall be deemed to be operating expenses, as defined herein.). 2. Submission of monthly expenditure and revenue reports to the Growth - 3 - Packet Pg. 413  Management Department. 3. Annual submission to the Growth Management Department, internal measures detailing operational data in the service area. I. Comply with all applicable Federal Certifications and Assurances, 49 U.S.c. 5323, contained herein and attached at Exhibit E. J. By October 1 of each year, submit an itemized budget to the Department of Growth Management. K. Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of the five (5) years, the records shall be retained until resolution of the audit findings. OCT shall assure that these records shall be subject to inspection, review, or audit at all reasonable times by persons duly authorized by the County or Commission or this Agreement. The Commission and the County shall have full access to and the right to examine any of the records and documents during the retention period. L. Comply with audit and record keeping requirements by: 1. Utilizing the Commission recognized Chart of Accounts defined in the Transportation Accounting Consortium Model Uniform Accounting System for Rural and Specialized Transportation Providers (uniform accounting system) for all transportation- disadvantaged accounting and reporting purposes. Agencies/Operators with existing and equivalent accounting systems are not required to adopt the Chart of Accounts in lieu of their existing Chart of Accounts but shall prepare all reports, invoices, and fiscal documents relating to the transportation disadvantaged functions and activities using the chart of accounts and accounting definitions as outlined in the above referenced manual. 2. By reserving to the County, the right to conduct finance and compliance audits at any time. Such audits conducted by the County will be at the expense of the County. M. Comply with Safety Requirements by: 1. Complying with Section 341.061, F.S., and Rule 14-90, F.A.c., concerning System Safety. 2. Assuring compliance with local, state, and federal laws, and Commission policies relating to drug testing. 3. Complying with the System Safety and Security Program Plan (SSPP) for the designated service area. - 4 - Packet Pg. 414 N. Safeguard information by not using or disclosing any information concerning a user of services under this Agreement for any purpose not in conformity with the local, state and federal regulations, including but not limited to 45 CFR, Part 205.50, O. Except upon order of a court of competent jurisdiction, written consent of the recipient, or his/her responsible parent or guardian when authorized by law. P. Ensure compliance with applicable Civil rights requirements in management of the System, including Title VI of the Civil Rights Act of 1964, Equal Employment Opportunity (EEO), Disadvantaged Business Enterprise (DBE) Program, and the Americans with Disabilities Act (ADA) Program. Q. Protect Civil Rights by: 1. Complying with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, as amended. The Agency/Operator gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance and agreeing to complete a Civil Rights Compliance Questionnaire if so required by the Coordinator. Agency/Operator shall also assure compliance with: a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.c. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefiting from federal financial assistance. b. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.c. 794, which prohibits discrimination on the basis of disability in programs and activities receiving or benefiting from federal financial assistance. c. Title IX of the Education Amendments of 1972, as amended, 20 U.S.c. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. d. The Age Discrimination Act of 1975, as amended, 42 U.S.c. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. e. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. f. All regulations, guidelines, and standards lawfully adopted under the above statutes. - 5 - Packet Pg. 415  g. The Americans with Disabilities Act of 1990, as it may be amended from time to time. 2. Agreeing that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon OCT, its successors, subcontractors, transferees, and assignees for the period during which such assistance is provided. Assuring that operators, subcontractors, sub grantees, or others with whom the County arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, OCT agrees that the County may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. R. Comply with all standards and performance requirements of the: 1. The Commission for the Transportation Disadvantaged (Attachment II); 2. The local Coordinating Board approved Transportation Disadvantaged Service Plan and; 3. Any entities that purchase service. S. Return to the County any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Contract that were disbursed to OCT by the County. OCT shall return any overpayment within thirty (30) calendar days after either discovery by OCT, or notification of OCT by the County or entity purchasing transportation, whichever is earlier. In the event that the County first discovers an overpayment has been made, the County will notify OCT by letter of such a finding. Should repayment not be made in a timely manner, the County or purchasing entity will charge interest after thirty (30) calendar days after the date of notification or discovery, or the County will deduct said amount from future invoices. III. Employees of the System In performing this Contract, OCT shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. 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 payor other forms of compensation; and selection for training, including apprenticeship. OCT 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 Contract, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in subcontracts relating to the performance of this Contract, except subcontracts for standard commercial supplies or raw materials. OCT shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting - 6 - Packet Pg. 416  forth the provisions of the nondiscrimination clause. IV. Vehicles and Equipment A. This agreement provides for the use of public transportation equipment that has been financed in part by FTA. The County and OCT warrant the use of these FTA-funded vehicles and equipment that will be governed by the FTA Master Agreement, by FTA Circular 4220.1B, and by the Office of Management and Budget Circular A-102, Attachment N. B. The County has absolute ownership of title to transit vehicles and equipment, such ownership and title being hereby expressly reserved to and retained by the County. It is expressly understood and agreed by the parties that the title(s) to all equipment shall remain in the ownership of the County. C. The County shall provide transit vehicles and equipment for use in the System to the extent feasible with funds available. D. The County shall lease vehicle and equipment further described in Exhibit A, attached hereto, to OCT for the term of the Agreement. The lease shall terminate after the initial term unless the agreement is either extended or is terminated sooner by mutual agreement under the terms of this Agreement. E. OCT agrees to pay the County, as rent for the vehicles and equipment herein leased, a sum of $1.00 per year per vehicle, payable annually within thirty (30) days following the execution of this agreement. Lease rate and payment schedule per vehicle is as specified in Exhibit A. F. OCT agrees not to lease or let transit vehicles or any part thereof, to pass from under its control. OCT further will not, in any manner, permit said motor vehicles or any part thereof to be pledged, seized or held for any taxes, debt, lien, or obligation. G. Be responsible for maintaining all vehicles and equipment owned by the County and used in the operation of the System, including but not limited to: 1. Providing for and paying the cost of maintenance and repair service of the leased equipment in accordance with standard preventive and corrective maintenance procedures on the basis of instructions supplied by the County and/or the manufacturer. Preventive maintenance practices consistent with proper equipment care will be exercised. OCT further agrees to maintain the equipment in presentable condition. 2. It is the primary responsibility of OCT to ensure that all required reports are properly maintained and that any and all reports required by other agencies, including but not limited to FTA and FDOT, are properly maintained and submitted. - 7 - Packet Pg. 417  3. Maintenance reports must include: a. Record of inspection, corrective or preventative maintenance actions including identification and cost of parts used, labor hours and vehicle mileage will be recorded on work order forms and maintained on file, with inspection checklist, for the inspection of the County at any and all reasonable times. b. Individual vehicle maintenance record files will be kept current by OCT and shall be available for County's review during periodic compliance inspecti ons. c. Summary reports for each leased vehicle which describe inspection findings, mileage, and maintenance procedures shall be prepared monthly by the lessee, and available to the County for inspection and review as necessary. 4. OCT also agrees to permit the County's designated representative to audit all books, records and files relative to the operation and maintenance of the leased vehicle(s), equipment and parts, as applicable; to assist in providing said documents and information and to permit inspection of vehicle(s), equipment, and parts by FfA or the County's representatives. Time for conducting said audits and inspections will be during normal business hours. H. OCT shall ensure that vehicles are used in compliance with applicable federal, state, or municipal statutes, laws, ordinances, rules or regulations, and for no purpose contrary to the provisions of any applicable insurance policy. OCT shall return such equipment and replacement thereof to the County at the end of the contract term in the same condition as received, reasonable wear and tear expected. I. OCT agrees not to loan, sell, sublet, assign or mortgage said equipment, or lend or permit said equipment to be subject to any legal process without the County's prior written consent. J. In the operation of equipment leased by this agreement, OCT agrees: 1. To limit use of leased vehicle(s) and equipment to approved public transportation services that serve the best interest and welfare of the public. No changes in use of said vehicle(s) and/or equipment will be implemented by lessee, unless written authorization is received from the County. 2. To obtain written consent of the County for any alterations or modifications to the equipment. If approved, such changes shall upon the termination of this agreement, remain the property of the County. - 8 - Packet Pg. 418  3. To precisely follow the County's guidelines for affixing or painting any designs, or marking signs on the leased vehicles. Political advertisements shall not appear on leased equipment. Commercial advertisements shall not appear on leased equipment without prior approval from the County. Public service posters or announcements may be placed in pre-existing advertising racks, if any. 4. Not to use the equipment in violation of federal, state, or local statute, law, regulation, ruling order or ordinance. 5. To hold the County harmless for all fines, forfeitures or penalties for traffic violations or other violations incurred in connection with the operation of this equipment. 6. To cause each vehicle to be operated only by a fully qualified, competent, licensed driver. OCT shall require each driver to have a good driving record and to operate with all due care and diligence to prevent injuries, loss and damage of any nature. K. OCT shall protect the equipment from theft and other hazards. L. OCT shall be responsible for damages and loss to equipment in the event of disaster, fire, theft, flood, riots, strikes, conversion, collision or other partial or total destruction except to the extent the County may be reimbursed by payment of insurance proceeds. M. OCT shall notify the County of any theft, fire, improper performance, damage, accidents, or collisions in which the equipment has been involved exceeding $500. OCT shall supply a copy of any report required to be filed with any administrative body or governmental unit within three (3) days. In the event of failure to so notify the County, OCT will be responsible for any loss to the County as a result of such failure. N. To aid in every reasonable way in the defense of suits or other proceedings which may be brought as a result of the operation of said equipment, and to notify the County promptly of any papers, notices or documents served upon the lessee, its agents servants, or employees, arising out of the operation of said equipment. O. OCT shall take no steps which would affect the County's claim for damages, if any, without written consent of County. P. OCT shall submit order requests and detailed specifications to the Growth Management Department for all vehicles and equipment. Q. It is the responsibility of OCT to inspect all vehicle(s), equipment and parts at the time of delivery. The County agrees to ensure all such vehicle(s) and equipment are operating properly and are in good condition at the time of delivery and to correct any deficiencies noted at that time by OCT, with the exception that the County has the right to remove any vehicle(s) or equipment - 9 - Packet Pg. 419  from this agreement which, in the opinion of the County, has incurred damages or requires repairs that are too costly to warrant such repair. Once OCT has accepted delivery of the vehicle(s) and equipment, OCT assumes full responsibility for all maintenance and repairs to same for the duration of the agreement. R. In the event of expiration or cancellation of this agreement, lessee agrees to proceed as follows: 1. Provide storage space for all leased vehicle(s), equipment and parts, if applicable, until lessor is prepared to transport to the next destination. 2. To be responsible for the cost of repairing, replacing, or restoring any of said vehicle(s), equipment or parts, in substandard condition. 3. To ensure that tread remaining on the tires of the vehicle(s) is no less than 7/32" on any of the tires to provide for safe transport by the lessor to the next destination and to be responsible for the cost of replacing tires not meeting said standards. 4. Any vehicle not in the same or better condition, reasonable wear and tear accepted, at the time of expiration or cancellation of this agreement as when the vehicles were delivered to the lessee will be considered as in substandard condition. S. OCT shall promptly notify the Growth Management Department of the intent to return leased vehicles for auction. Federally funded vehicles planned for disposition shall meet the Service Life Policy as outlined in FTA Circular 9300.1A, Page ill-8. T. The County shall return net auction proceeds of public transit vehicles to OCT for support of public transportation services. U. The County shall return revenues received by the County for approved commercial advertisements on leased equipment to OCT for the benefit of the System; VI. Insurance A. Liability coverage in an amount of $100,000 for the death or injury of one person, $300,000 in the event of death or injury of two or more persons in a single accident, including liability to any employees engaged in operation of the vehicle(s), and $50,000 for property damage. Comprehensive and collision coverage will be obtained for the full value of each vehicle, less normal deductible which shall be borne by the lessee. Current value of equipment leased under this agreement is as specified in Exhibit A. Okaloosa County reserves the right during the term of this contract to request actual certified copies of insurance contracts to support any Certificates of Insurance. At any time that the insurance coverage is unacceptable to Okaloosa County, the Okaloosa County Board of County Commissioners reserves the right to terminate this contractual agreement. - 10 - Packet Pg. 420 B. Coverage shall be written by an insurer licensed to do business in the State of Florida. All liability and physical damage coverage (comprehensive/collision) shall list Okaloosa County, the owner/lessor, as an Additional Insured. All policies shall be written so that Okaloosa County is notified of cancellation or restrictive amendments at least thirty (30) days prior to the effective date of such cancellation or amendment. Any notice shall be mailed directly to Okaloosa County Purchasing Department, 602 North Pearl Street, Crestview, FL 32536. C. To the fullest extent permitted by law, OCT shall indemnify and hold harmless the County, its officers, and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of OCT and other persons employed or utilized by OCT in the performance of the Agreement. The provisions of this section shall survive the expiration or earlier termination of this Agreement. D. Workers Compensation Insurance: 1. OCT shall secure and maintain during the life of this agreement, Workers Compensation insurance for all employees employed including supervision, administration and management personnel. If any work is sublet with the approval of Okaloosa County, OCT shall require the Subcontractor to provide Workers Compensation insurance for all employees and such evidence of insurance shall be furnished to Okaloosa County not less than ten days prior to the commencement of any and all sub-contractual agreements. Such insurance shall comply with the Florida Workers Compensation Law. 2. The Workers Compensation insurance shall be written with statutory limits of liability. In addition, the coverage shall include Employers Liability coverage with minimum liability limits of $1,000,000 per accident or disease. 3. Coverage shall include a waiver of subrogation clause in favor of Okaloosa County. Also, this endorsement must be indicated on the Certificate of Insurance. E. Notice of Claims or Litigation OCT shall report any incident or claim that results from performance of this Agreement to Okaloosa County. Within ten days of OCT's knowledge, Okaloosa County shall receive written notice describing the incident or claim. In the event such incident or claim involves injury or property damage to a third party, verbal notification shall be given the same day OCT becomes aware of the incident or claim. A detailed written report is to be made within ten days. - 11 - Packet Pg. 421 v. Monitoring and Audits The administration of funds awarded by Okaloosa County to OCT may be subject to audits and/or monitoring by Okaloosa County, as described in this section. A. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Florida Single Audit, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by the recipient's staff, limited scope audits as defined by OMB Circular A-133, as revised and/or other procedures. By entering into this agreement, the subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the recipient. In the event the recipient determines that a limited scope audit of the subrecipient is appropriate, the subrecipient agrees to comply with any additional instructions provided by the recipient to the subrecipient regarding such audit. The subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. B. AUDITS PART I: STATEFUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. 1. In the event that the subrecipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 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 Comptroller, an Chapter 10.600, Rules of the Auditor General. EXIDBIT 1 to this agreement indicates State funds awarded through the recipient by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the recipient, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the subrecipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. - 12 - Packet Pg. 422  3. If the subrecipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the subrecipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from subrecipient funds obtained from other than State entities). (NOTE: The web site for the Florida Single Audit Act is located at http://sun6.dms.state.fl.us/fsaa/rules.htm). PART IT: REPORT SUBMISSION Copies of audit reports for audits conducted as required by PART I of this agreement shall be submitted to the recipient no later than 30 days from date of issue to the following address: Brenda L. Bailey Contracts & Grants Manager 1250 North Eglin Parkway, Suite C112 Shalimar, FL 32579 VI. Termination Failure to meet the requirements or obligations set forth in this Contract, and performance requirements established and monitored by the Coordinating Board in the approved Transportation Disadvantaged Service Plan shall be due cause for non-payment of reimbursement invoices until such deficiencies have been addressed or corrected to the satisfaction of the County. In the event of any violation, default or failure to perform as provided for herein, by either party, written notice shall be given setting forth the alleged violation, default or failure, which shall be corrected within a mutually agreed upon time, not to exceed thirty (30) days in any event, after the receipt of notice. In the event of such violation, default or failure is not corrected, the other party may cancel this contract for cause effective at the time provided for in a written notice of cancellation. Cancellation of this contract under these conditions shall not be a waiver of any other rights which said party may have for damages, specific performance, or such other relief, legal or equitable, for which such party may otherwise have a cause of action. A. Termination Conditions: 1. Termination at Will - This Contract may be terminated by either party upon no less - 13 - Packet Pg. 423  than thirty (30) days notice, without cause. Said notice shall be delivered by certified mail, return receipt required, or in person with proof of delivery. 2. Termination due to Lack of Designation - In the event that the County as Coordinator, so designated by the local Coordinating Board and approved by the Commission, loses its designation, this contract is terminated immediately upon notification to OCT. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. 3. Termination due to Disapproval of Memorandum of Agreement - In the event that the Commission does not accept and approve any contracted transportation rates listed within the Memorandum of Agreement, this Contract is terminated immediately upon notification to OCT. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. 4. Termination due to Lack of Funds - In the event funds to finance this contract become unavailable, the County may terminate the contract with no less than twenty-four (24) hours written notice to OCT. Notice shall be delivered by certified mail, return receipt requested, or in person, with proof of delivery. Notice shall be effective upon receipt. The County shall be the final authority as to the availability of funds. 5. Termination for Breach - Unless OCT's breach is waived by the County in writing, the County may, by written notice to OCT, terminate this Contract upon no less than twenty-four (24) hours notice. Notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver by the County of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract, and shall not act as a waiver or estoppel to enforcement of any provision of this Contract. The provisions herein do not limit the County's right to remedies at law or to damages. 6. Upon receipt of a notice of termination of this Contract for any reason, OCT shall cease service and prepare all final reports and documents required by the terms of this Contract. A final invoice shall be sent to the County within thirty (30) days after the termination of this Contract VIII. Assignments OCT shall not assign this contract or any of the rights hereto in whole or in part to any other person, firm or corporation without prior consent in writing to Okaloosa County. Such consent will not be withheld unreasonably. IX. Subcontracts During the duration of this contract, OCT may subcontract with third parties to provide the services needed for the SYSTEM. OCT will notify Okaloosa County of executed contracts during the term of this agreement. OCT shall bill for services, receive payment, accept invoices and pay invoices of all subcontractors. - 14 - Packet Pg. 424 X. Independent Contractor Status In performance of the responsibilities herein contemplated, OCT is an independent contractor, not an employee of Okaloosa County, who shall have the authority to control and direct the performance of its employees in the details of the management, operation, and maintenance of the SYSTEM. XI. Legal Counsel Whenever legal counsel is required for the benefit of the SYSTEM, such legal counsel shall be furnished by OCT. The cost thereof shall be an operating expense of the SYSTEM. XII. FT AlFDOT Amendments OCT agrees that ifany amendments must be made to this contract so Okaloosa County continues to qualify for any federal or state grants for public transportation, said amendments shall be promptly executed by OCT. XIII. Prohibition on Conflicts of Interest The County and OCT warrant that no employee, officer, or agent of the County, nor any partner of such a person, nor any member of the immediate family of such a person, nor any organization which employs, or is considering to employ such a person, has a financial or other interest in OCT or will otherwise benefit from the execution or performance of this agreement. Attachments I and II are an integral part of the Contract and are hereby incorporated by reference into this Contract. All subsequent attachments are of an optional nature. XIV. Notices All notices hereunder, and communication with respect to this contract shall be effective upon the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: OCT: 207 Hospital Drive ATTN: Ruth Lovejoy, Executive Director Okaloosa County Council on Aging Fort Walton Beach, FL 32548 And Okaloosa County: 602-C North Pearl Street ATTN: John Christopher, Contracts Lease Coordinator Purchasing Department Crestview, FL 32536 - 15 - Packet Pg. 425 The name and address of the contract manager for the County for this Contract is: Christy R. Johnson, AICP 1804 Lewis Turner Blvd. Ste. 200 Fort Walton Beach, Florida 32547 The representative/position responsible for administration of the program under this contract is: Barry Peterson, Program Manager 600 Transit Way Fort Walton Beach, Florida 32547 In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this Contract. XV. Expiration of Agreement This agreement will expire on September 30, 2010, unless an extension of the time period is requested by OCT and granted in writing by the County. This entire agreement and its attachments and exhibits contain all the terms and conditions agreed upon by the parties hereto WITNESS WHEREOF, the parties hereto have caused these presents to be executed. Okaloosa County Transit (OCT) Okaloosa County Board of County Commissioners Ruth Lovejoy, Executive Director William J Roberts ill, Chairman Signature and Date 07/£<7/0 - 16 - Packet Pg. 426  ATTACHMENT I AGENCY/OPERATOR CONTRACT SERVICE DESCRIPTION 1. OCT will be able to provide: Type of Service - Paratransit and Bus Service 2. OCT will be available to provide transportation 7 days a week, 24 hours a day. Days Agency/Operator will not be able to provide services: None 3. Vehicles Agency/Operator will use to transport all passengers (Vehicle Inventory attached as Exhibit A) 4. VehiclelEquipment Standards As required in the Coordinator's System Safety Plan attached as Exhibit B - 17 - Packet Pg. 427 5. Driver Requirements (if any) As required in the Coordinator's System Safety Plan attached. 6. Training As required in the Coordinator's System Safety Plan attached. 7. OCT fare structure Agency/Operator fare structure A. Demand Response Ambulatory $1.29/grid mile Wheelchair $ 1. 29/grid mile + $4.85/WC Load Fee Stretcher $1.29/grip mile + $23.56 Load Fee AHCA $1.29/grid mile + $4.85/WC Load Fee (N/C for 1 escort, as required B. Special Multi-loading/same origination or same destination: $.90/grid mile + Applicable Load Fees C. Subscription Services For heavy users. Discount Rate: Negotiated depending on number of passengers and distance D. Shopping Trips/Special Days Off peak hours. Limited choice of three (3) shopping centers. $l.OO/one way trip E. Out of Area Fixed Days. Minimum of three (3) riders. Costs share agency. 8. BillinglInvoicing and Reimbursement procedure for OCT. Monthly invoice to the County, no later the 20h of the month following the month for which - 18 - Packet Pg. 428 transportation was provided. 9. Reporting Requirements Daily trip sheets, trip add on sheets, Annual Operating Report, Annual Safety Certification, Drug and Alcohol Program Certification, other reports as may be required by the Commission, other State Agencies, or the County. - 19 - Packet Pg. 429  AITACHMENTll The Commission for the Transportation Disadvantaged Standards and Perfonnance Requirements Pursuant to Rule 41-2.006, Florida Administrative Code, the Community Transportation Coordinator and any Transportation Operator/Agency from whom service is purchased or arranged by the Community Transportation Coordinator shall adhere to Commission approved standards. These standards shall include: (a) Drug and alcohol testing for safety sensitive job positions within the coordinated system regarding pre-employment, randomization, post-accident, and reasonable suspicion as required by the Federal Highway Administration and the Federal Transit Administration; (b) An escort of a passenger and dependent children are to be transported as locally negotiated and identified in the local Transportation Disadvantaged Service Plan; (c) Child restraint devices shall be detennined locally as to their use, responsibility, and cost of such device in the local Transportation Disadvantaged Service Plan; (d) Passenger property that can be carried by the passenger and/or driver in one trip and can be safely be stowed on the vehicle, shall be allowed to be transported with the passenger at no additional charge. Additional requirements may be negotiated for carrying and loading rider property beyond this amount. Passenger property does not include wheelchairs, child seats, stretchers, secured oxygen, personal assistance devices, or intravenous devices; (e) Vehicle transfer points shall provide shelter, security, and safety of passengers; (f) A local toll free phone number for complaints or grievances shall be posted inside the vehicle. The local complaint process shall be outlined as a section in the local Transportation Disadvantaged Service Plan including, advising the dissatisfied person about the Commission's Ombudsman Program as a step within the process as approved by the local Coordinating Board; (g) Out of service area trips shall be provided when determined locally and approved by the local Coordinating Board, except in instances where local ordinances prohibit such trips; (h) Interior of all vehicles shall be free from dirt, grime, oil, trash, tom upholstery, damaged or broken seats, protruding metal or other objects or materials which could soil items placed in the vehicle or provide discomfort for the passenger; - 20 - Packet Pg. 430 (I) Billing requirements of the Community Transportation Coordinator to subcontractors shall be determined locally by the local Coordinating Board and provided in the local Transportation Disadvantaged Service Plan. All bills shall be paid within 15 calendar days to subcontractors, after receipt of said payment by the Community Transportation Coordinator, except in instances where the Community Transportation Coordinator is a non-governmental entity; (j) Passenger/trip database must be maintained or accessible by the Community Transportation Coordinator on each rider being transported within the system; (k) Adequate seating for paratransit services shall be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating capacity shall be scheduled or transported in a vehicle at any time. For transit services provided by transit vehicles, adequate seating or standing space will be provided to each rider and escort, child, or personal care attendant, and no more passengers than the registered passenger seating or standing capacity shall be scheduled or transported in a vehicle at any time; (1) Drivers for paratransit services, including coordination contractors, shall be required to announce and identify themselves by name and company in a manner that is conducive to communications with the specific passenger, upon pickup of each rider, group of riders, or representative, guardian, or associate of the rider, except in situations where the driver regularly transports the rider on a recurring basis. Each driver must have photo identification that is in view of the passenger. Name patches, inscriptions or badges that affix to driver clothing are acceptable. For transit services, the driver photo identification shall be in a conspicuous location in the vehicle; (m) The paratransit driver shall provide the passenger with boarding assistance, if necessary or requested, to the seating portion of the vehicle. The boarding assistance shall include opening the vehicle door, fastening the seat belt or utilization of wheel chair securement devices, storage of mobility assistance devices, and closing the vehicle door. In certain paratransit service categories, the driver may also be required to open and close doors to buildings, except in situations in which assistance in opening/closing building doors would not be safe for passengers remaining on the vehicle. Assisted access must be in a dignified manner. Drivers may not assist wheelchair up or down more than one step, unless it can be performed safely as determined by the passenger, guardian, and driver; (n) All vehicles ordered or put into service after adoption of this section of the Rule, and providing service within the coordinated system, shall be equipped with two-way communications in good working order and be audible to the driver at all times to the base. (0) All vehicles ordered or put into service after the adoption of this section of the Rule, and providing service within the coordinated system, shall have working air conditioners and heaters in each vehicle. (r) First Aid shall be determined locally and provided in the local Transportation Disadvantaged Service Plan. (s) Cardiopulmonary Resuscitation shall be determined locally and provided in the local Transportation Disadvantaged Service Plan. Packet Pg. 431  LIST OF EXHIBTS Exhibit A Vehicle Inventory (Updated January 1) Exhibit B Coordinator's System Safety Plan Exhibit C Coordinator's and Local Coordinating Board's Grievance Procedures Exhibit D Annual Operating Report InstructionslForms Exhibit E Federal Certifications and Assurance Exhibit F FTA Third Party Clauses 2 Packet Pg. 432  EXHIBITF FT A Third Party Clauses CHARTER BUS REQillREMENTS 49 U.S.c. 5323(d) 49 CFR Part 604 Charter Service Operations - The contractor agrees to comply with 49 US.c. 5323(d) and 49 CPR Part 604, which provides that recipients and subrecipients of FfA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CPR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. SCHOOL BUS REQUIREMENTS 49 U.S.C. 5323(F) 49 CFR Part 605 School Bus Operations - Pursuant to 69 US.c. 5323(f) and 49 CPR Part 605, recipients and subrecipients of FfA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. ENERGY CONSERVATION REQillREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. CLEAN WATER REQillREMENTS 33 U.S.C. 1251 Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 US.c. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in tum, report each violation as required to assure notification to FfA and the appropriate EPA 3 Packet Pg. 433 Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. LOBBYING 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 Mandatory Clause/Language - Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 US.c. § 1601, et seq. ] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 US.c. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.11O(d) - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1119/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.c. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 US.c. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 US.c. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any 4 Packet Pg. 434 person for influencing or attempting to influence an officer or employee of an 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. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1119/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.c. 1601, et seq .)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.c. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.c. A 3801, et seq., apply to this certification and disclosure, if any. _ _ _ _ _ _ _ _ _ _ _ _ Signature of Contractor's Authorized Official _ _ _ _ _ _ _ _ _ _ _ _ Name and Title of Contractor's Authorized Official _____________ Date ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 Access to Records - The following access to records requirements apply to this Contract: 5 Packet Pg. 435 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. P. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. P. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.P.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.P.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.c. 5302(a)l) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. FEDERAL CHANGES 49 CFR Part 18 Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, 6 Packet Pg. 436 procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form PTA MA (6) dated October, 1999) between Purchaser and PTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. CLEAN AIR 42 U.S.C. 7401 et seq 40 CFR 15.61 49 CFR Part 18 Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 US.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in tum, report each violation as required to assure notification to PTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by PTA. RECYCLED PRODUCTS 42 U.S.c. 6962 40 CFR Part 247 Executive Order 12873 Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 US.c. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 3118 U.S.C. 1001 49 U.S.C. 5307 Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and US. DOT regulations, "Program Fraud Civil Remedies," 49 c.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the PTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, 7 Packet Pg. 437 statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FfA under the authority of 49 U.S.c. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.c. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FfA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR Part 29 Executive Order 12549 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Lower Tier Covered Transactions (Third Party Contracts over $100,000). Instructions for Certification 1. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, (Recipient) may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to (Recipient) if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," :"participant," "persons," "lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CPR Part 29]. You may contact (Recipient) for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by (Recipient). 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - 8 Packet Pg. 438 Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by u.s. General Service Administration. 8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, (Recipient) may pursue available remedies including suspension and/or debarment. "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" (1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its "principals" [as defined at 49 c.F.R. § 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. PRIVACY ACT U.S.C.552 Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.c. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance 9 Packet Pg. 439 provided by PTA. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623, 42 U.S.c. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630,41 CFR Parts 60 et seq. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.c. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.c. § 6102, section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. § 12132, and Federal transit law at 49 U.S.c. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements PTA may Issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title vn of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.c. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.c. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. 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 payor other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.c. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 c.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 10 Packet Pg. 440 (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by PTA, modified only if necessary to identify the affected parties. BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FTA Circular 4220.1D (also see Change 1) Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient),s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS 49 U.S.C. § 5310, § 5311, and § 5333 29 CFR Part 215 (a) General Transit Employee Protective Requirements - To the extent that PTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 c.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to PTA applicable to the PTA Recipient's project from which Federal assistance is provided to support 11 Packet Pg. 441 work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by PTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.c. § 531O(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. (b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.c. § 531O(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 531O(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 c.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to PTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter. (c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.c. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. (2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by PTA. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23 Okaloosa County has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CPR Part 26. The County has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the County has signed an assurance that it will comply with 49 CPR Part 26. It is the policy of the County to ensure that DBEs, as defined in part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also our policy: To ensure nondiscrimination in the award and administration of DOT assisted contracts; To create a level playing field on which DBEs can compete fairly for DOT assisted contracts; To ensure that the DBE Program is narrowly tailored in accordance with applicable law; To ensure that only firms that fully meet 49 CPR Part 26 eligibility standards are permitted to participate as DBEs; To help remove barriers to the participation of DBEs in DOT assisted contracts; and 12 Packet Pg. 442  To assist the development of firms that can compete successfully in the market place outside the DBE Program. The bidder must submit a state of Florida Department of Transportation Disadvantaged Business Enterprise (DBE) Certification, if applicable. STATE AND LOCAL LAW DISCLAIMER State and Local Law Disclaimer - The use of many of the suggested clauses are not governed by Federal law, but are significantly affected by State law. The language of the suggested clauses may need to be modified depending on state law, and that before the suggested clauses are used in the grantees procurement documents, the grantees should consult with their local attorney. INCORPORA TION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FT A) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1D (also see Change 1), dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. DRUG AND ALCOHOL TESTING 49 U.S.c. §5331 49 CFR Parts 653 and 654 Drug and Alcohol Testing The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CPR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CPR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. This contract represents the entire agreement between Okaloosa County and OCT. The contract shall be modified only as necessary and in writing with the mutual consent of all concerned. 13 Packet Pg. 443 In the event of any violation, default or failure to perform as provided for herein, by either party, written notice shall be given setting forth the alleged violation, default or failure, which shall be corrected within a mutually agreed upon time, not to exceed thirty (30) days in any event, after the receipt of notice. In the event of such violation, default or failure is not corrected, the other party may cancel this contract for cause effective at the time provided for in a written notice of cancellation. Cancellation of this contract under these conditions shall not be a waiver of any other rights which said party may have for damages, specific performance, or such other relief, legal or equitable, for which such party may otherwise have a cause of action. A. Nothing in the Contract shall require the County to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law. If any provision of the Contract is found by a court of law to violate any applicable state law, the purchasing entity will at once notify the County in writing in order that appropriate changes and modification may be made by the County and OCT to the end that OCT may proceed as soon as possible with the provision of transportation services. B. If any part or provision of this Contract is held invalid, the remainder of this Contract shall be binding on the parties hereto. TERMINATION 49 V.S.C.Part 18 FT A Circular 4220.1D (also see Change 1) a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions 14 Packet Pg. 444 If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor or written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient),s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor aNotice of Termination specifying the nature of the default. 15 Packet Pg. 445 In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. j. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the 16 Packet Pg. 446 termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close- out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 17 Packet Pg. 447  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Extension of FDOT Contract AQH83 - Commuter DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: The Department of Growth Management requests that the Board grant after-the-fact authorization to extend the expiration of Grant AQH83 until 12/30/2014. BACKGROUND: Okaloosa County receives funds from the Florida Department of Transportation (FDOT) to provide van pool service with routes from Crestview and Niceville to Ft Walton Beach which are utilized by employees from the Public Works and Water and Sewer departments. The FDOT funds support 50% of the operating costs for 7 vans which transport approximately 36 commuters per day. The remaining 50% is paid through a deduction on the participating employees’ pay. The current contract through which these funds are provided expired on September 30, 2014. However, under FDOT’s process, extensions are granted administratively with electronic amendment of the grant file with no hard copies of any documents being exchanged or provided. Therefore, prior to expiration, staff requested and received from the FDOT a 3 month extension of this grant. However, because the term of the original grant was approved by the Board of County Commissioners, it is necessary that the Board authorize the extension as well. RECOMMENDATION: The Department of Growth Management requests that the Board of County Commissioners grant after-the-fact authorization for the 3-month extension of FY 14 Commuter Grant AQH83 (new expiration of 12/30/2014). RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 448  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Letters to Cities Regarding Public Transportation Funding DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners must decide whether to authorize the chairman to sign and send the attached letters to the municipalities requesting assistance with transit funding. BACKGROUND: While the Board of County Commissioners has funded transit operations for FY 2015, discussions during the budget preparation cycle clearly indicate that the participation of the various municipalities is essential to the continued operation of public transportation. The attached letters request that the cities work with the County to establish a public transportation cooperative through which the cities would be assured of input into the operation and provide for their assistance in the funding of the public transportation system. Each letter would be accompanied by the attached draft memorandum of agreement through which the cooperative would be established. The letter notes that the proposed memorandum is in draft form, and that the County is open to any suggestions or recommendations that would enable the cities to enter into such an agreement. OPTIONS: Approve or not approve the letters. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners authorize the Chairman to sign the attached letters, and that the letters and draft memorandum of agreement be sent to the municipalities RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 449  Memorandum of Agreement Establishing an Okaloosa County Public Transit Cooperative This Agreement is entered into among Okaloosa County, hereinafter referred to as the “County,” and the municipalities of Crestview, Destin, Fort Walton Beach, Mary Esther, Niceville, Cinco Bayou and Shalimar, hereinafter referred to as “Participating Municipalities,” each a municipal corporation located in Okaloosa County, WHEREAS, Chapter 163, Florida Statutes, Intergovernmental Programs, Part I, Miscellaneous Programs, Section 163.01, The Florida Interlocal Cooperation Act of 1969, provides that public agencies of the State of Florida may exercise jointly with any other public agency of the State of Florida any power, privilege, or authority which such agencies share in common, and which each might exercise separately; and that a joint exercise of power by such agencies may be made by contract in the form of an interlocal agreement; and, WHEREAS, Chapter 125, Florida Statutes, subsection 125.01(f), authorizes the County to provide public transportation service; and, WHEREAS, Chapter 166, Florida Statues, subsection 166.021(1), authorizes municipalities to render municipal services, and exercise any power for municipal services, and exercise any power for municipal purposes, except when expressly prohibited by law; and, WHEREAS, the County and the Participating Municipalities desire to cooperate in a agreement to provide public Transit services that will serve both incorporated as well as unincorporated areas; and, WHEREAS, Okaloosa County has been designated as the Community Transportation Coordinator for receipt of state and federal transit funds. THEREFORE, the parties agree as follows: 1. PURPOSE: The County and Participating Municipalities agree to cooperate, pursuant to the terms of this Interlocal Agreement, in the operation of a public transit cooperative in Okaloosa County. In particular, it is the express purpose of the Agreement to provide for the coordination of fixed route transit service throughout the legal service area of the COOPERATIVE as provided herein; to provide for equal access to public Transit service in the Cooperative service area; and to formulate and implement consistent plans, programs, policies and procedures in the operation, maintenance and development of Transit service throughout the legal service areas of the participating entities. 1 Packet Pg. 450 2. DEFINITIONS: a) “Cooperative” shall mean the Okaloosa County Public Transit Cooperative. b) “Cooperative Coordinator” shall mean the employee of the County or Participating Municipalities who serves as the Transit Coordinator and Grants Manager for the Community Transportation Coordinator as provided in Section 427.0155, Florida Statutes. c) “County” shall mean Okaloosa County, a political subdivision of the State of Florida. d) “Cinco Bayou” shall mean the Town of Cinco Bayou, a municipal corporation located in Okaloosa County, FL. e) “Crestview” shall mean the City of Crestview, a municipal corporation located in Okaloosa County, FL. f) “Destin” shall mean the City of Destin, a municipal corporation located in Okaloosa County, FL. g) “Fiscal Year” shall mean budget year October 1-September 30. h) “Fixed Assets” is defined by the county as all property with value of $1,000 or more purchased under the equipment control account, as amended from time to time. Fixed Assets shall be in accordance with Board directives, Florida Statutes, and the Rules of the Auditor General. i) “Fort Walton Beach” shall mean the City of Fort Walton Beach, a municipal corporation located in Okaloosa County, FL. j) “Governing Board” shall mean the governing body of the Okaloosa County Public Transit Cooperative as empowered pursuant to the Agreement. k) “Mary Esther” shall mean the City of Mary Esther, a municipal corporation located in Okaloosa County, FL. l) “Niceville” shall mean the City of Niceville, a municipal corporation located in Okaloosa County, FL. m) “Participating Governing Bodies” shall mean the governing body of Okaloosa County and the governing bodies responsible for the decision and policy making activities of Participating Municipalities. n) “Valparaiso” shall mean the City of Valparaiso, a municipal corporation located in Okaloosa County, FL. 3. This Agreement shall constitute the entire agreement of the parties hereto regarding the Okaloosa County Public Transit Cooperative. There are no promises, representations, or warranties other than those set forth herein. This Agreement shall be binding upon the parties and successors in interest, in accordance with its terms. Modifications or amendments of the Agreement shall be binding and valid when submitted in writing and approved by each Participating Governing Body and by the Governing Board, and executed on behalf of each Participating Governing Body and the Governing Board. 4. TERMS: The term of this Agreement shall commence and be effective on the date the last 2 Packet Pg. 451  party signs the agreement or by _____________, 2014 whichever comes first, and shall end or be renewed December 31, 2014 unless terminated in accordance with the provisions of the Agreement or unless extended by supplemental Agreement subject to renewal and revision. Recognizing the Agreement crosses two fiscal years (FY2014 and FY2015) but monetary allocation is distributed in FY2014, the allocation for FY2015 will be based upon future appropriation by the Participating Governing Bodies. 5. WITHDRAWAL AND TERMINATION: Any Participating Governing Body may withdraw from the Cooperative established by the Agreement, and thereby terminate its rights and responsibilities under the Agreement. The termination and withdrawal shall be effective on the next succeeding December 31, and shall be accomplished by the giving of written notice of the withdrawal and termination to the Governing Board and to each Participating Governing Body on or before August 1 prior to the December 31 effective date of termination. 6. ADDITION OF NEW MEMBERS: a) Any municipality within Okaloosa County that meets the following minimum standards may become a party to the Agreement and a member of the Okaloosa County Public Transit Cooperative: (1) Be administered by a governing board responsible for the decision and policy making activities of the entity. (2) Have an annual budget capable of sustaining participation in the Transit cooperative as determined by the Governing Board. (3) Submit a letter of intent for formal membership to the Okaloosa County Public Transit Cooperative Governing Board prior to May 1 of the current fiscal year and obtain approval by each Participating Governing Body and execution and delivery of a counterpart original of the Agreement (as then in force), prior to August 1 of the current fiscal year. b) Upon satisfaction of these conditions, the proposed new participant shall become a party to the Agreement and a member of the Okaloosa County Public Transit Cooperative effective the next succeeding January 1, subject to all the provisions and obligations, and entitled to all the privileges and rights, accruing to all of the Participating Governing bodies under this Agreement. 7. GOVERNING BOARD: The name of the Governing Board shall be Okaloosa County Public Transit Cooperative Board hereinafter called the Governing Board. Each Participating Governing Body shall appoint one of its members to the Governing Board; the Board of County Commissioners shall appoint one of its member to represent the unincorporated area of the county. Each Participating Governing Body shall designate at least one alternate 3 Packet Pg. 452  representative to act on its behalf during any absence. The office of Chair shall be assigned to the member representing the County. The Cooperative Coordinator shall be an ex officio (non-voting) member of the board. Board members will not be paid a salary or wages, but may be reimbursed for travel and per diem expenses in accordance with section 112.061, Florida Statutes. The Governing Board serves as the governing body for the Transit Cooperative and has the following powers, duties and responsibilities: a) Managing the affairs of the Cooperative. b) Bylaws will be established by the Governing Board. c) There will be six or more open public meetings a year of the Governing Board. d) Review the operation of the public transit system and, as it may deem appropriate, recommend changes to routes, stops, or other components of the fixed route system. e) Participate in the funding of public fixed-route transportation as provided herein. 8. STAFFING: The Cooperative Coordinator shall be hired by the County and shall have the following minimal qualifications: Bachelor’s degree in with major course work in transportation planning, municipal planning, engineering, business or public administration or a related field; supplemented by a minimum of three (3) years progressively responsible planning experience in public or private transit system management, transit operations or transportation planning; Master’s degree with two (2) years professional experience may substitute for the above requirements. The Cooperative Coordinator shall be an employee of Okaloosa County, with compensation and benefits in accordance with County policy. 9. POWERS, DUTIES AND RESPONSIBILITIES OF THE COOPERATIVE COORDINATOR: The following activities, as a minimum, shall be as follows: a) Serves as an integral part of local and regional transportation teams which advise the Director on regional public transportation issues. b) Directs and coordinates the development of short and long range transit system plans and improvements. c) Plans, directs and coordinates public transportation activities. d) Identifies transportation issues, formulates alternatives and prepares recommendations for action, assures compliance with various planning requirements and regulations, participates in area transportation planning activities, oversees the development of transit improvement plans and provides Countywide technical support for public transit planning activities. e) Directs the preparation of capital and operating grants and oversees all transportation related grant activity including seeking funding sources. f) Prepares and assists in the preparation of Board of County Commission reports related 4 Packet Pg. 453  to transit, and other local, regional, and federal technical and special reports. g) Makes presentations to the Board of County Commission as required and conducts special studies in response to policy issues raised by the County Administrator or the Board. h) Participates in the preparation, administration and monitoring of all transit finances including operating budget, capital improvements, accounting and the Capital Improvement Program through the TPO. i) Provides input for National Database reporting, TEAM and Safety and Security reporting. j) Assures departmental compliance with local, state, regional and federal transportation and transit planning requirements and regulations. k) Coordinates with the Clerk of Courts, Finance and Contract staffs to ensure accurate accounting of all transit revenues and expenditures. l) Directs preparation of all invoices for federal, state and local funding sources. m) Oversees efforts to develop transit improvement plans; updates the County’s Transit Development Plan, Title VI Civil Rights and DBE reports as required by state and/or federal authorities. n) Participates on government planning committees and citizen committees. o) Addresses public groups and attends professional meetings. p) Develops new service concepts. q) Participates in contract negotiations, audits and federal grants and third-party contracts and in the development of cost allocation plans. r) Directs and participates in the preparation of government purchasing documents (RFPs and bids) for transit service contracts; oversees administration of professional transit service contracts for bus service and maintenance, transit facility maintenance, capital project design and construction and other regional and local transit related contracts. 10. ANNUAL BUDGET: The budget shall be developed along a fiscal year beginning October 1 and ending September 30 each year. The Cooperative budget shall be developed by the Cooperative Coordinator and shall take into account funds received from the Participating members, state, and federal governmental sources, and all other revenue sources received to provide Transit service. The budget shall be adopted by the Cooperative Governing Board and shall be forwarded to the Board of County Commissioners for inclusion in the County’s budget. 11. FISCAL RESPONSIBILITY: All funds administered by the Cooperative Coordinator shall be audited with the County’s independent audit annually, which audit shall be prepared and presented to the Governing Board. Upon request, the Cooperative Coordinator shall furnish to each Participating Governing Body, within thirty (30) days following the previous period a written quarterly report regarding the use and expenditure of funds under the control of the Cooperative. Reports shall include quarterly revenues by source and expenditures by 5 Packet Pg. 454  object code, year-to-date expenditures by object code, and the balance for the fiscal year; form to be determined by the Cooperative. Upon request, the governing body of each Participating Member shall furnish to the Cooperative Coordinator, within thirty (30) days following the previous period, a written quarterly report regarding the use and expenditure of funds, as they relate to transit functions, under the control of the Participating Governing Body. 12. APPROPRIATION OF PARTICIPATING MEMBER FUNDS: The County and each Participating Municipality shall contribute an amount based on _to be decided by participating jurisdictions_during MOU development___________ . In addition, any annually-recurring costs borne by a municipality that directly support the operations of the fixed route transit system (e.g., provision of office space) may be included as part of that participant’s contribution. One-time capital costs (e.g., installation of a shelter or stop) shall not be included. Nothing herein shall prohibit any Participating Member from seeking private contributions to assist in the funding of transit operations. The responsibility for, and timing of application of such funds as part of the Participating Member’s contribution, shall be at the discretion of the Participating Member who receives such funds. 13. ADDITIONAL RESPONSIBILITIES OF PARTICIPATING MEMBERS: Participating Members shall abide by all state and federal laws, and specifically those relating to the provision of Transit services. 14. SOVEREIGN IMMUNITY: The parties further agree that nothing contained herein is intended to nor shall be construed a waiver of any Members rights and immunities under Florida Constitution, common law, or Florida Statutes 768.28 as amended from time to time. 15. INSURANCE: The Cooperative and Participating Governing Bodies shall provide, pay for, and maintain in force at all times during this Agreement insurance to cover its respective buildings, contents and vehicles, workers’ compensation, liability and any other insurance required by law. 16. MODIFICATION OF AGREEMENT: Modifications, amendments, or alteration of the terms or conditions contained herein shall be effective when submitted in a written document executed by the parties hereto, with the same formality, and of equal dignity herewith. 17. NOTICE: All notices, demands, or other writings required to be given or made or sent in this Agreement, or which may be given or made or sent, by any party to the other, shall be deemed to have fully given or made or sent when in writing and addressed to: CITY OF CRESTVIEW CITY OF DESTIN CITY OF FORT WALTON BEACH MAYOR CITY MANAGER CITY MANAGER 6 Packet Pg. 455 City of Crestview City of Destin City of Fort Walton Beach P. O. Box 1209 4200 Indian Bayou Trail 107 Miracle Strip Parkway Crestview, FL. 32536 Destin, FL. 32541 Fort Walton Beach, FL. 32549 CITY OF MARY ESTHER OKALOOSA COUNTY TOWN OF CINCO BAYOU CITY MANAGER COUNTY ADMINISTRATOR TOWN CLERK City of Mary Esther 1804 Lewis Turner Blvd. Town of Cinco Bayou 195 Christobal Road Suite 400 10 Yacht Club Drive Mary Esther, FL. 32569 Fort Walton Beach, FL. 32547 Cinco Bayou, Florida 32548 18. ENTIRE AGREEMENT: This Agreement embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein. If any provision herein is invalid, it shall be considered deleted therefore, and shall not invalidate the remaining provisions. 19. GOVERNING LAW: The parties intend that this Agreement and the relationship of the parties shall be governed by the laws of the State of Florida. Venue for any action arising out of this Agreement between the parties shall be exclusively in Okaloosa County, Florida and nowhere else. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. CITY OF CRESTVIEW ATTEST: _________________________________ Mayor, City of Crestview (Title): This day of _______________, 2014 CITY OF DESTIN ATTEST: _________________________________ Mayor, City of Destin (Title): _____________________________ This ____ day of ______________, 2014 CITY OF FORT WALTON BEACH ATTEST: _____________________________ _________________________________ 7 Packet Pg. 456  Mayor, City of Fort Walton Beach (Title): _____________________________ This day of _______________, 2014 CITY OF NICEVILLE ATTEST: _____________________________ _________________________________ Mayor, City of Niceville (Title): _____________________________ This ____day of _______________, 2014 CITY OF MARY ESTHER ATTEST: _____________________________ _________________________________ Mayor, City of Mary Esther (Title): _____________________________ This ____day of _______________, 2014 TOWN OF CINCO BAYOU ATTEST: ____________________________ _________________________________ Mayor, Town of Cinco Bayou (Title): ____________________________ This ____ day of ______________, 2014 TOWN OF SHALIMAR ATTEST: ____________________________ _________________________________ Mayor, Town of Shalimar (Title): ____________________________ This ____ day of ______________, 2014 8 Packet Pg. 457 OKALOOSA COUNTY ATTEST: _____________________________ _________________________________ Chairman, Okaloosa County Board of County Commissioners (Title): _____________________________ This ____ day of ______________, 2014 Approved as to Form _________________________________ County Attorney 9 Packet Pg. 458  Board of County Commissioners State of Florida The Honorable Robby Adams, Mayor October 7, 2014 City of Laurel Hill P.O. Box 158 Laurel Hill, FL 32567 Re: Public Transit Service Dear Mayor Adams: For the last three years, the Board of County Commissioners has asked our municipal leaders to consider including in their budgets funds to help the County pay for public transit service. In the months leading up to the adoption of the FY 15 budget, there were a number of meetings between County and City staff regarding the potential creation of a "transit cooperative" which would give the each participant input into the operation and funding of the public transportation system. While these meetings did not produce an agreement in time for the FY 2015 budget, the Board of County Commissioners sincerely hopes that such an agreement may be reached in the upcoming year in time for the FY 2016 budget preparation cycle. To this end, I respectfully request that you, and your professional staff, give serious consideration to the attached memorandum of agreement and work with our staff to develop a transit cooperative that suits all our needs including, most importantly, the citizens who depend on public transportation for their medical, employment, and other needs. Please be aware that the attached memorandum is a draft, and be assured that the Board of County Commissioners is willing to work with any suggestions or recommendations that will enable us to reach a mutually beneficial agreement with our municipal partners. Thank you very much for your time and consideration of this extremely important issue. If you have any questions or comments, please do not hesitate to contact our Growth Management Director, Elliot Kampert, at 850- 651-7524. Sincerely, Charles K. Windes, Jr. Chairman, Board of County Commissioners cc: Nita Miller, City Clerk attachment • BCC-North 302 N. Wilson St., Suite 302 • Crestview, FL 32536 • (850) 689-5030 Fax (850) 689-5025 • BCC-South 1804 Lewis Turner Blvd. , Suite 100' Fort Walton Beach , FL 32547' (850) 651-7105 Fax (850) 651-7142 Packet Pg. 459  Board of County Commissioners State of Florida The Honorable Mike Anderson, Mayor October 7,2014 City of Ft Walton Beach 107 Miracle Strip Parkway SW Fort Walton Beach, FL 32548 Re: Public Transit Service Dear Mayor Anderson: For the last three years, the Board of County Commissioners asked our municipal leaders to consider including in their budgets funds to help the County pay for public transit service. In the months leading up to the adoption of the FY 15 budget, there were a number of meetings between County and City staff regarding the potential creation of a "transit cooperative" which would give the each participant input into the operation and funding of the public transportation system. While these meetings did not produce an agreement in time for the FY 2015 budget, the Board of County Commissioners sincerely hopes that such an agreement may be reached in the upcoming year in time for the FY 2016 budget preparation cycle. To this end, I respectfully request that you, and your professional staff, give serious consideration to the attached memorandum of agreement and work with our staff to develop a transit cooperative that suits all our needs including, most importantly, the citizens who depend on public transportation for their medical, employment, and other needs. Please be aware that the attached memorandum is a draft, and be assured that the Board of County Commissioners is willing to work with any suggestions or recommendations that will enable us to reach a mutually beneficial agreement with our municipal partners. Thank you very much for your time and consideration of this extremely important issue. If you have any questions or comments, please do not hesitate to contact our Growth Management Director, Elliot Kampert, at 850- 651-7524. Sincerely, Charles K. Windes, Jr. Chairman, Board of County Commissioners cc: Michael Beedie, P.E.; City Manager attachment • BCC-North 302 N. Wilson St. , Suite 302 • Crestview, FL 32536 • (850) 689-5030 Fax (850) 689-5025 • BCC-South 1804 Lewis Turner Blvd., Suite 100 · Fort Walton Beach, FL 32547· (850) 651-7105 Fax (850) 651-7142 Packet Pg. 460  Board of County Commissioners State of Florida The Honorable John B. Arnold, Mayor October 7,2014 City of Valparaiso 465 Valparaiso Parkway Valparaiso, FL 32580 Re: Public Transit Service Dear Mayor Arnold: For the last three years, the Board of County Commissioners has asked our municipal leaders to consider including in their budgets funds to help the County pay for public transit service. In the months leading up to the adoption of the FY 15 budget, there were a number of meetings between County and City staff regarding the potential creation of a "transit cooperative" which would give the each participant input into the operation and funding of the public transportation system . While these meetings did not produce an agreement in time for the FY 2015 budget, the Board of County Commissioners sincerely hopes that such an agreement may be reached in the upcoming year in time for the FY 2016 budget preparation cycle. To this end, I respectfully request that you, and your professional staff, give serious consideration to the attached memorandum of agreement and work with our staff to develop a transit cooperative that suits all our needs including, most importantly, the citizens who depend on public transportation for their medical, employment, and other needs. Please be aware that the attached memorandum is a draft, and be assured that the Board of County Commissioners is willing to work with any suggestions or recommendations that will enable us to reach a mutually beneficial agreement with our municipal partners. Thank you very much for your time and consideration of this extremely important issue . If you have any questions or comments, please do not hesitate to contact our Growth Management Director, Elliot Kampert, at 850- 651-7524. Sincerely, Charles K. Windes, Jr. Chairman, Board of County Commissioners cc: Carl Scott, City Administrator attachment • BCC-North 302 N. Wilson St., Suite 302 • Crestview, FL 32536 • (850) 689-5030 Fax (850) 689-5025 • BCC-South 1804 Lewis Turner Blvd ., Suite 100' Fort Walton Beach , FL 32547' (850) 651-7105 Fax (850) 651-7142 Packet Pg. 461  Board of County Commissioners State of Florida The Honorable David Cadle, Mayor October 7, 2014 City of Crestview 198 North Wilson Street P.O. Box 1209 Crestview, FL 32536 Re: Public Transit Service Dear Mayor Cadle: For the last three years, the Board of County Commissioners has asked our municipal leaders to consider including in their budgets funds to help the County pay for public transit service . In the months leading up to the adoption of the FY 15 budget, there were a number of meetings between County and City staff regarding the potential creation of a "transit cooperative" which would give the each participant input into the operation and funding of the public transportation system. While these meetings did not produce an agreement in time for the FY 2015 budget, the Board of County Commissioners sincerely hopes that such an agreement may be reached in the upcoming year in time for the FY 2016 budget preparation cycle. To this end, I respectfully request that you, and your professional staff, give serious consideration to the attached memorandum of agreement and work with our staff to develop a transit cooperative that suits all our needs including, most importantly, the citizens who depend on public transportation for their medical, employment, and other needs. Please be aware that the attached memorandum is a draft, and be assured that the Board of County Commissioners is willing to work with any suggestions or recommendations that will enable us to reach a mutually beneficial agreement with our municipal partners. Thank you very much for your time and consideration of this extremely important issue. If you have any questions or comments, please do not hesitate to contact our Growth Management Director, Elliot Kampert, at 850- 651-7524. Sincerely, Charles K. Windes, Jr. Chairman, Board of County Commissioners cc: Elizabeth Roy, City Clerk att "h~~RtNorth 302 N. Wilson St. , Suite 302' Crestview, FL 32536 • (850) 689-5030 Fax (850) 689-5025 • BCC-South 1804 Lewis Turner Blvd ., Suite 100' Fort Walton Beach, FL 32547' (850) 651-7105 Fax (850) 651-7142 Packet Pg. 462  Board of County Commissioners State of Florida The Honorable Gary Combs, Mayor October 7, 2014 Town of Shalimar 2 Cherokee Road Shalimar, FL 32579 Re: Public Transit Service Dear Mayor Combs : For the last three years, the Board of County Comm issioners has asked our municipal leaders to consider including in their budgets funds to help the County pay for public transit service. In the months leading up to the adoption of the FY 15 budget, there were a number of meetings between County and City staff regarding the potential creation of a "transit cooperative" which would give the each participant input into the operation and funding of the public transportation system. While these meetings did not produce an agreement in time for the FY 2015 budget, the Board of County Commissioners sincerely hopes that such an agreement may be reached in the upcoming year in time for the FY 2016 budget preparation cycle . To this end, I respectfully request that you, and your professional staff, give serious consideration to the attached memorandum of agreement and work with our st aff to develop a transit cooperative that suits all our needs including, most importantly, the citizens who depend on public transportation for their medical, employment, and other needs. Please be aware that the attached memorandum is a draft, and be assured that the Board of County Commissioners is willing to work with any suggestions or recommendations that will enable us to reach a mutually beneficial agreement with our municipal partners. Thank you very much for your time and consideration of this extremely important issue . If you have any questions or comments, please do not hesitate to contact our Growth Management Director, Elliot Kampert, at 850- 651-7524. Sincerely, Charles K. Windes, Jr. Chairman, Board of County Commissioners cc: Tom Burns, Town Manager attachment • BCC-North 302 N. Wilson St. , Suite 302 • Crestview, FL 32536 • (850) 689-5030 Fax (850) 689-5025 • BCC-South 1804 Lewis Turner Blvd. , Suite 100· Fort Walton Beach, FL 32547 · (850) 651-7105 Fax (850) 651-7142 Packet Pg. 463  Board of County Commissioners State of Florida The Honorable Jean Hood, Mayor October 7, 2014 Town of Cinco Bayou 10 Yacht Club Drive Cinco Bayou, FL 32548 Re: Public Transit Service Dear Mayor Hood: For the last three years, the Board of County Commissioners has asked our municipal leaders to consider including in their budgets funds to help the County pay for public transit service. In the months leading up to the adoption of the FY 15 budget, there were a number of meetings between County and City staff regarding the potential creation of a "transit cooperative" which would give the each participant input into the operation and funding of the public transportation system. While these meetings did not produce an agreement in time for the FY 2015 budget, the Board of County Commissioners sincerely hopes that such an agreement may be reached in the upcoming year in time for the FY 2016 budget preparation cycle . To this end, I respectfully request that you, and your professional staff, give serious consideration to the attached memorandum of agreement and work with our staff to develop a transit cooperative that suits all our needs including, most importantly, the citizens who depend on public transportation for their medical, employment, and other needs. Please be aware that the attached memorandum is a draft, and be assured that the Board of County Commissioners is willing to work with any suggestions or recommendations that will enable us to reach a mutually beneficial agreement with our municipal partners. Thank you very much for your time and consideration of this extremely important issue. If you have any questions or comments, please do not hesitate to contact our Growth Management Director, Elliot Kampert, at 850- 651-7524. Sincerely, Charles K. Windes, Jr. Chairman, Board of County Commissioners cc: Nell Dykes, Town Manager attachment • BCC-North 302 N. Wilson St. , Suite 302 • Crestview, FL 32536 • (850) 689-5030 Fax (850) 689-5025 • BCC-South 1804 Lewis Turner Blvd. , Suite 100' Fort Walton Beach , FL 32547· (850) 651-7105 Fax (850) 651-7142 Packet Pg. 464  Board of County Commissioners State of Florida The Honorable Margaret McLemore, Mayor October 7, 2014 City of Mary Esther 195 Christobal Road N Mary Esther, FL 32569 Re: Public Transit Service Dear Mayor McLemore: For the last three years, the Board of County Commissioners has asked our municipal leaders to consider including in their budgets funds to help the County pay for public transit service. In the months leading up to the adoption of the FY 15 budget, there were a number of meetings between County and City staff regarding the potential creation of a "transit cooperative" which would give the each participant input into the operation and funding of the public transportation system . While these meetings did not produce an agreement in time for the FY 2015 budget, the Board of County Commissioners sincerely hopes that such an agreement may be reached in the upcoming year in time for the FY 2016 budget preparation cycle. To this end, I respectfully request that you, and your professional staff, give serious consideration to the attached memorandum of agreement and work with our staff to develop a transit cooperative that suits all our needs including, most importantly, the citizens who depend on public transportation for their medical, employment, and other needs. Please be aware that the attached memorandum is a draft, and be assured that the Board of County Commissioners is willing to work with any suggestions or recommendations that will enable us to reach a mutually beneficial agreement with our municipal partners. Thank you very much for your time and consideration of this extremely important issue. If you have any questions or comments, please do not hesitate to contact our Growth Management Director, Elliot Kampert, at 850- 651-7524. Sincerely, Charles K. Windes, Jr. Chairman, Board of County Commissioners cc: Lynne Oler, City Manager attachment • BCC-North 302 N. Wilson St. , Suite 302 • Crestview, FL 32536 • (850) 689-5030 Fax (850) 689-5025 • BCC-South 1804 Lewis Turner Blvd ., Suite 100· Fort Walton Beach , FL 32547' (850) 651-7105 Fax (850) 651-7142 Packet Pg. 465  Board of County Commissioners State of Florida The Honorable Mel Ponder, Mayor October 7, 2014 City of Destin 4200 Indian Bayou Trail Destin, FL 32541 Re: Public Transit Service Dear Mayor Ponder: For the last three years, the Board of County Commissioners has asked our municipal leaders to consider including in their budgets funds to help the County pay for public transit service. In the months leading up to the adoption of the FY 15 budget, there were a number of meetings between County and City staff regarding the potential creation of a "transit cooperative" which would give the each participant input into the operation and funding of the public transportation system. While these meetings did not produce an agreement in time for the FY 2015 budget, the Board of County Commissioners sincerely hopes that such an agreement may be reached in the upcoming year in time fo r the FY 2016 budget preparation cycle . To this end, I respectfully request that you, and your professional staff, give serious consideration to the attached memorandum of agreement and work with our staff to develop a transit cooperative that suits all our needs including, most importantly, the citizens who depend on public transportation for their medical, employment, and other needs. Please be aware that the attached memorandum is a draft, and be assured that the Board of County Commissioners is willing to work with any suggestions or recommendations that will enable us to reach a mutually beneficial agreement with our municipal partners. Thank you very much for your time and consideration of this extremely important issue. If you have any questions or comments, please do not hesitate to contact ou r Growth Management Director, Elliot Kampert, at 850- 651-7524. Sincerely, Charles K. Windes, Jr. Chairman, Board of County Commissioners cc: Greg Kisela, City Manager attachment • BCC-North 302 N. Wilson St., Suite 302 • Crestview, FL 32536 • (850) 689-5030 Fax (850) 689-5025 • BCC-South 1804 Lewis Turner Blvd ., Suite 100 · Fort Walton Beach , FL 32547· (850) 651 -7105 Fax (850) 651-7142 Packet Pg. 466  Board of County Commissioners State of Florida The Honorable Randall Wise, Mayor October 7, 2014 City of Niceville 207 North Partin Drive Niceville, FL 32578 Re : Public Transit Service Dear Mayor Wise: For the last three years, the Board of County Commissioners has asked our municipal leaders to consider including in their budgets funds to help the County pay for public transit service. In the months leading up to the adoption of the FY 15 budget, there were a number of meetings between County and City staff regarding the potential creation of a "transit cooperative" which would give the each participant input into the operation and funding of the public transportation system. While these meetings did not produce an agreement in time for the FY 2015 budget, the Board of County Commissioners sincerely hopes that such an agreement may be reached in the upcoming year in time for the FY 2016 budget preparation cycle. To this end, I respectfully request that you, and your professional staff, give serious consideration to the attached memorandum of agreement and work with our staff to develop a transit cooperative that suits all our needs including, most importantly, the citizens who depend on public transportation for their medical, employment, and other needs. Please be aware that the attached memorandum is a draft, and be assured that the Board of County Commissioners is willing to work with any suggestions or recommendations that will enable us to reach a mutually beneficial agreement with our municipal partners. Thank you very much for your time and consideration of th is extremely important issue. If you have any questions or comments, please do not hesitate to contact our Growth Management Director, Elliot Kampert, at 850- 651-7524. Sincerely, Charles K. Windes, Jr. Chairman, Board of County Commissioners cc: Lann ie Corbin, City Manager attachment • BCC-North 302 N. Wilson St., Suite 302 • Crestview, FL 32536 • (850) 689-5030 Fax (850) 689-5025 • BCC-South 1804 Lewis Turner Blvd. , Suite 100· Fort Walton Beach, FL 32547· (850) 651-7105 Fax (850) 651 -7142 Packet Pg. 467  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: PW - FDEP Agreement# S0717 DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: The Florida Department of Environmental Protection has provided a proposed grant agreement (S0717 Agreement attached) for fiscal year 2015 (July 1, 2014 - June 30, 2015). BACKGROUND: Since 1992 Okaloosa County has participated in the FDEP grant program to provide amnesty type collection of Household Hazardous Waste (HHW) and Conditionally Exempt Small Quantity Generator (CESQG) waste from residents and businesses in neighboring counties. This is facilitated by individual interlocal agreements (attachment F) with specific counties to be eligible to participate in the grant. FDEP agrees to pay 75% of the annual event costs in each neighboring county while the neighboring county agrees to pay the balance. In exchange for Okaloosa County acting in the role of "Host County" FDEP provides $10,000 per county for a total of $80,000 on a reimbursable basis to be used for costs related to Okaloosa's HHW operations. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Staff recommends that the Board authorize the Chairman to execute the attached agreement. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 468 Packet Pg. 469  DEP AGREEMENT NO. S0717 STATE OF FLORIDA HAZARDOUS WASTE COOPERATIVE COLLECTION CENTER ARRANGEMENT GRANT ASSISTANCE PURSUANT TO LINE ITEM 1678 OF THE 2014-2015 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399- 3000 (hereinafter referred to as the "Department") and the OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 1804 Lewis Turner Blvd., Suite 100, Fort Walton Beach, Florida 32547 (hereinafter referred to as the "Grantee" or "Host County''), a unit oflocal government, to establish a hazardous waste cooperative collection center arrangement with the following Neighboring County/Counties: Calhoun, Franklin, Gadsden, Holmes, Jackson, Liberty, Santa Rosa and Walton Counties (hereinafter referred to as the "Neighboring County/Counties") in accordance with Section 403.7265, Florida Statutes. In consideration of the mutual benefits to be derived herefrom the Department and the Grantee do hereby agree as follows: l. The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee" and "Host County'' are used interchangeably. 2. This Agreement shall begin upon execution by both parties and remain in effect until June 30, 2015, inclusive. However, all work under this Agreement must be completed no later than June 12, 2015. 3. A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of$187,000 as further outlined below. The Grantee shall be eligible for reimbursement for work performed on or after July l, 2014, through the completion date for work as identified above. Final reimbursement requests accompanied by documentation of services rendered shall be submitted no later than June 30, 2015, to assure the funding availability for final payment. i. The Department shall, on a cost reimbursement basis, reimburse the Grantee for up to 75% of each Neighboring County's collection cost provided that the required deliverables are submitted and approved by the Department. This amount shall not exceed the lesser of the amounts established per Neighboring County in Task 1 of Attachment A or $25,000 per Neighboring County. ii. The Department shall, on a cost reimbursement basis, reimburse the Grantee up to a maximum of $80,000 for being a host local government in planning and conducting a hazardous waste collection in the Neighboring County/Counties, as identified in the Interlocal Agreements included as Attachment F, and Task 2 of Attachment A. The maximum amount established for this Task shall not exceed $10,000 per Neighboring County identified in Attachment A. iii. Prior written approval from the Department's Grant Manager shall be required for changes within approved task budget categories of up to 10% of the total task budget amount. Changes less than 10% of the total approved task budget will require a formal change order to the Agreement. Changes greater than 10% of the total approved task budget and/or changes that transfer funds from one task to another or that increase or decrease the total funding amount will require a formal amendment to the Agreement. DEPAgreementNo. S0717,Page 1 of8 Packet Pg. 470  B. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of the deliverables identified in Attachment A for each Neighboring County, in accordance with the schedule therein. Reimbursement shall be requested utilizing a separate Attachment B, Payment Request Summary Form for each Neighboring County. In addition to the Payment Request Summary Form, the Grantee must provide from its accounting system, a listing of expenditures per deliverable, charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. C. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. In accordance with the Attachment C, Contract Payment Requirements, the Grantee shall comply with the minimum requirements set forth therein. Each Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows: i. Contractual (Subcontractors) - Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours/time spent on the project. All multipliers used (i.e. fringe benefits, overhead, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. Additionally, independent of the Grantee's contract obligations to any Subcontractor, the Department shall not reimburse any of the following types of charges: cell phone usage, attorneys' fees, civil or administrative penalties, handling fees, such as set percent overages associated with purchasing supplies or equipment. For fixed price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. b. The Grantee may request approval from the Department to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter ofrequest shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed price amount, the Grantee may proceed in fmalizing the fixed price subcontract. c. All subcontracts are subject to the provisions of paragraph 13 and any other appropriate provisions of this Agreement which affect subcontracting activities. ii. Travel - All requests for reimbursement of travel expenses shall be in accordance with Section 112.061, Florida Statutes. DEP Agreement No. S0717, Page 2 of 8 Packet Pg. 471  D. In addition to the invoicing requirements contained in paragraphs 3.B. and C. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide. E. i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during each quarterly reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have ten (10) calendar days to review the required reports and deliverables submitted by the Grantee. 6. A. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. B. The Grantee agrees to require all subcontractors to indemnify, defend, save and hold harmless the Department from all claims, demands, liabilities and suits of any nature arising out of, because of, or due to any negligent act or failure to act by the subcontractor, its agents or employees. 7. A. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall DEP Agreement No. S07 l 7, Page 3 of 8 Packet Pg. 472  provide thirty (30) calendar days written notice of its intent to tenninate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for tennination. B. The Department may tenninate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. 8. No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re-perform the services needed for submittal ofa satisfactory deliverable, at no additional cost to the Department, within ten (IO) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: I) terminate this Agreement for failure to perfonn, or 2) the Department Grant Manager may, by letter specifying the failure of perfonnance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPs must be able to be implemented and perfonned in no more than sixty (60) days. A. A CAP shall be submitted within ten (l 0) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt ofa CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (I 0) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate perfonnance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in perfonnance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in tennination of the Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. 9. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section l 19.07(l)(a), Florida Statutes. IO. The Grantee shall maintain books, records and documents directly pertinent to perfonnance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. DEP Agreement No. S07 l 7, Page 4 of 8 Packet Pg. 473 11. A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and incorporated herein by reference. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Development and Review Manager at (850) 245-2361 to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance {federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" {form number DFS-A2-NS) that can be found underthe "Links/Forms" section appearing at the following website: https://apps. fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. 12. Sample collection and chemical and biological analyses are not part of the Agreement Grant Work Plan, therefore a Quality Assurance Plan shall not be required for performance of services under the terms of this Agreement. 13. A. The Grantee may not subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee shall submit a copy of the executed subcontract to the Department within ten ( 10) days after execution. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 14. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 15. The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 16. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses below. DEP Agreement No. S0717, Page 5 of 8 Packet Pg. 474 17. The Department's Grant Manager for this Agreement is identified below. Johanna Poston Department of Environmental Protection Bureau of Solid & Hazardous Waste 2600 Blair Stone Road, MS 4555 Tallahassee, Florida 32399-2400 Phone No.: (850) 245-8731 Fax No.: (850) 245-8811 Email: johnanna.poston@dep.state.fl.us 18. The Grantee's Grant Manager for this Agreement is identified below. Marcella B. Eubanks C/O Contracts and Grants 1804 Lewis Turner Blvd., Suite 206 Fort Walton Beach, Florida 32547 Phone No. (850) 651-7200 ext. 4381 Fax No.: (850) 609-5029 Email: meubanks@clerkofcourts.cc 19. To the extent required by law, the Grantee will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 20. The Grantee shall ensure that its subcontractors secure and maintain such insurance as will protect it from claims under Workers' Compensation Acts; commercial general liability coverage with limits ofnot less than $1,000,000 per occurrence and $2,000,000 annual aggregate for bodily injury and property damage; and comprehensive automobile liability coverage with limits of not less than $1,000,000 combined single limit for bodily injury and property damage. The Grantee shall ensure that its subcontractor's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) days written notice to the Grantee. 21. The Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 22. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 23. Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Project Agreement. 24. The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. DEP Agreement No. S07 l 7, Page 6 of 8 Packet Pg. 475 25. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 26. The Grantee is responsible for the professional quality, technical accuracy, and timely completion and coordination of all specifications, reports, and other services furnished by the Grantee under this Agreement. The Grantee shall, without additional compensation, correct or revise any errors, omissions, or other deficiencies in its specifications, reports, and other services. 27. The Grantee shall be responsible for obtaining all applicable local, state, and federal permits. 28. Land acquisition is not authorized under the terms of this Agreement. 29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 30. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEPAgreementNo. S0717, Page 7 of8 Packet Pg. 476  IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. OKALOOSA COUNTY BOARD OF STATE OF FLORIDA DEPARTMENT OF COUNTY COMMISSION ENVIRONMENTAL PROTECTION By: _ _ _ _ _ _ _ _ _ __ By: _ _ _ _ _ _ _ _ _ _ _ __ Charles K. Windes, Jr. Secretary or designee Title: Chairman Date:_ _ _ _ _ _ _ _ _ _ _ __ FEID No.: 59-6000765 DEP Contracts Administrator *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment Grant Work Plan (4 Pages) Attachment Payment Request Summary Form and Instructions (2 Pages) Attachment Contract Payment Requirements Cl Page) Attachment Progress Report Form (1 Page) Attachment Special Audit Requirements (5 Pages) Attachment lnterlocal Agreements (32 Pages) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0717, Page 8 of 8 Packet Pg. 477  ATTACHMENT A GRANT WORK PLAN The Florida Department of Environmental Protection (Department) hereby provides funding to the Grantee to be the host local government in establishing a hazardous waste cooperative collection center arrangement with the Neighboring Counties, in accordance with: I. Section 403.7265, Florida Statutes; 2. Any subsequent policies regarding local hazardous waste collection centers with the Department shall provide to the Grantee during the term of this Agreement; and, 3. The Interlocal Agreements (Attachment F), attached hereto and made a part hereof. Any terms of the Agreement and Attachment A that vary from those contained in Attachment H, shall have precedence. Grantee Responsibilities: The Grantee shall act as a host local government for a hazardous waste collection in the Neighboring Counties identified in this attachment. In order to act as a host local government, the Grantee is responsible for the following: ~ having an established operational hazardous waste collection center that offers hazardous waste management services to households and conditionally exempt small quantity generators (CESQGs); ~ developing and following an operational and contingency plan to ensure that waste is managed in a safe working environment to minimize the risk of injury, accidents, and spills; and that only waste generated by CESQGs and households is accepted at the center; ~ ensuring that the hazardous waste collected at a Neighboring County event is delivered to either a recycling facility that operates in accordance with all applicable regulations, or a permitted treatment, storage or disposal facility; and, ~ having and using an EPA identification number when shipping waste. The Grantee shall be responsible for the completion of the following tasks under this Agreement: Task 1 - Hazardous Waste Collection in Neighboring County The Grantee, in accordance with the Interlocal Agreement(s), is responsible for planning and conducting a hazardous waste collection event in each Neighboring County identified in this Agreement. This shall include the completion of the following activities: 1. Establish a site in the Neighboring County for a mobile hazardous waste collection to be held no later than May 31, 2015. 2. Conduct an event that will offer households and conditionally exempt small quantity generators (CESQG) collection and proper management of their hazardous waste including Cathode Ray Tubes in TVs and computer monitors and other consumer electronics. Unacceptable materials include white goods (stoves, refrigerators, water heaters, dryers, etc.). The service will be free for households and a reduced fee for CESQGs. 3. Assist the neighboring county with advertising the event and distributing public awareness information on proper hazardous waste management to local media, schools, agricultural agents, realtor associations, civic service organizations, and to Earth 911 via their website at www .Earth9 l l .org. 4. Develop and follow an operational site-specific health and safety plan for the cooperative collection event to ensure that waste is managed in a safe working environment to minimize the risk of injury, accidents, and spills; and that only waste generated by CESQGs and households is accepted at the event. DEP Agreement No. S0717, Attachment A, Page 1 of 4 Packet Pg. 478 5. Ensure that any electronics demanufacturing/recycling contractor used on a contractual or lot bid basis must meet the following minimum requirements used in the state electronics recycling contract. The contract is available at http://www.dep.state. fl. us/waste/categories/electronics/pages/contract.htm for reference. a. Large Quantity Handler of Universal Waste Batteries notification (not necessary for demanufacturers/recyclers that handle only TVs) b. Mercury-Containing Device Handler registration (not necessary for demanufacturers/recyclers that handle only TVs) c. Insurance type (required) and limits (recommended) - Workers Compensation - legally required limits - Commercial General Liability - $1,000,000/occurrence, $2,000,000 aggregate d. Hold Harmless Endorsement - holds county and state harmless e. Documentation of end markets for equipment (monitors, TVs, CPUs, printers, phones, etc.), recovered components (chips, drives, circuit boards, batteries, etc.) and recovered materials (ferrous metal, nonferrous metal, cones, leaded glass, plastic, etc.). The list of equipment or materials for which end markets shall be documented will depend on the level of demanufacturing involved. For example, if a TV is being sold as is for repair, documentation of recovered components of materials will not be required. Documentation may be in the form of (1) letters of agreements/contracts on subcontractor letterhead; (2) copies of agreements/contracts indicating scope of agreement, dates and signatures; or (3) sworn affidavit from contractor on contractor letterhead. Such documentation shall specify the specific materials involved, time period for which agreement or affidavit is valid, and a general description of the material disposition (precious metal recovery, sale to repair facility, resale to public, secondary lead smelter, etc.). If materials are being exported, documentation must indicate that the materials are being bought by the importer for a reasonable, commercial value, that is, for more than a token value. 6. Have one or more staff on-site during the collection. 7. Collect from each Neighboring County the remaining 25% of the total cost of the hazardous waste collection, unless the Grantee has made arrangements with the Neighboring County to be responsible for these expenses in the Interlocal Agreement, and any additional funds necessary to equal the total cost of the collection should it exceed the total funding available under this Agreement. 8. Pay its hazardous waste management company for the transportation and proper disposal of the hazardous waste. 9. Reuse or recycle collected latex paint to the extent possible. 10. The Grantee, in accordance with the Interlocal Agreement, Attachment F, shall require each Neighboring County to be responsible for: a. Establishing a site for its mobile hazardous waste collection to be held no later than May 31, 2015. b. Guaranteeing funding for payment of25% of its total collection cost to the Grantee unless otherwise agreed upon as evidenced in the Interlocal Agreement. c. Providing funding for any additional costs, which exceed the Department's maximum reimbursement for 75% of the total collection cost, with such payment due the Grantee within a specified time frame. d. Establishing a local project manager to work with the Grantee to publicize the collection event and to prepare and distribute public awareness information on proper hazardous waste management. DEP Agreement No. S0717, Attachment A, Page 2 of 4 Packet Pg. 479  This information shall be distributed to the local media, schools, agricultural agents, local realtor associations, civic service organizations, and to Earth 911 via their website at www.Earth91 l .org. e. Attending the collection and assisting the Grantee in overseeing the paperwork at the close of the collection. 11. The Grantee shall perform the above activities in the following Neighboring Counties: Calhoun, Franklin, Gadsden, Holmes, Jackson, Liberty, Santa Rosa, and Walton. Timeline: Task I must be completed no later than May 31, 2015. Maximum Cost: $107,000 Task 1 Budget by Category for each Neighboring County: la Calhoun County Maximum Cost: $9,000 Contractual Services: $9,000: for collection, processing, and disposal ofHHW lb Franklin County Maximum Cost: $10,000 Contractual Services: $10,000: for collection, processing, and disposal of HHW le Gadsden County Maximum Cost: $11,000 Contractual Services: $11,000: for collection, processing, and disposal of HHW Id Holmes County Maximum Cost: $8,000 Contractual Services: $8,000: for collection, processing, and disposal ofHHW le Jackson County Maximum Cost: $25,000 Contractual Services: $25,000: for collection, processing, and disposal ofHHW If Liberty County Maximum Cost: $4,000 Contractual Services: $4,000: for collection, processing, and disposal ofHHW lg Santa Rosa County Maximum Cost: $15,000 Contractual Services: $15,000: for collection, processing, and disposal ofHHW lh Walton County Maximum Cost: $25,000 Contractual Services: $25,000: for collection, processing, and disposal ofHHW The Grantee may submit separate Payment Request Summary Forms to the Department for reimbursement of up to 75% of each Neighboring County's collection costs, notto exceed the maximum amounts listed above forthe approved costs shown above. In addition to the Summary Form, the Grantee must provide from its accounting system, a listing of expenditures per deliverable, charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. Deliverable: For each Neighboring County the Grantee shall provide an event report to the Department detailing work completed, problems encountered and problem resolution for the required event. The event report shall also include the date, time, and location of the collection event(s), the types and amounts of waste collected, the final destination of such waste, type and number of participants served, and other information that may be asked for by the Department. The event report shall be submitted no later than sixty (60) days after the event. In addition, the Grantee shall provide documentation of the occurrence of the Neighboring County's collection in the form of newspaper coverage or advertisement of the collection with the date and title of the publication included in the clipping. In addition to the newspaper clippings, pictures of the event with exposure dates may also be submitted. Performance Standard: The deliverable will be reviewed by the Department Grant Manager to verify the events were properly conducted. DEP Agreement No. S0717, Attachment A, Page 3 of 4 Packet Pg. 480 NOTE: A PAYMENT REQUEST SUMMARY FORM, ALONG WITH THE DELIVERABLES MUST BE SUBMITTED FOR EACH NEIGHBORING COUNTY. Task 2 - Host County Activities The Grantee, may utilize the $80,000 host county allocation on a cost reimbursement basis for hazardous waste collection center activities/upgrades in the Grantee County. The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2014 through the completion date identified in paragraph 2 of this Agreement. Work for the following activities will be allowed: > Collection center improvement costs; > Hazardous waste collection operational costs; > Hazardous waste management and disposal costs from its own county's program; > Small quantity generator annual verification program costs; > Educational and promotion costs for information about prevention and proper management of household hazardous waste; and, > Funding to share in each Neighboring County's collection commitment. Timeline: Must be completed no later than June 12, 2015. Maximum Cost: $80,000.00 Budget by Category: Travel: $1,530.00 for travel and hotel to national and state NAHMMA conferences Contractual: $78,470.00 (collection, processing, and disposal ofHHW and program advertisement) The $80,000 reimbursement eligible to the host county for hosting the neighboring county event cannot be used for the 75% neighboring collection event reimbursement. The Department reserves the right to provide written consent for the Grantee to utilize expenditure categories other than those identified in this attachment. Written consent must be obtained from the Department's Grant Manager prior to the Grantee using the expenditure for categories not identified in this attachment. Approval will be in the form of an executed amendment to this Agreement. Upon completion of the hazardous waste collection in each Neighboring County, and of the Grantee's Host County Activities, the Grantee may request reimbursement of up to $10,000 for each Neighboring County event. Funds for the Host County cannot exceed $10,000 per task as previously identified. Deliverable: The Grantee shall provide documentation of each hazardous waste center activity in the form of a list and description of grant expenditures and copies of paid invoices. Photographs of supplies and equipment may also be submitted as well as other information requested by the Department Grant Manager. Performance Standard: The deliverable will be reviewed by the Department Grant Manager to verify the activities were properly conducted. Final Report Requirements In an effort to conserve and recycle natural resources, the Grantee shall submit the fmal report and payment request form generated under this Agreement electronically or on recycled paper, double-sided copies preferred. The Grantee agrees to provide a copy of any draft report and/or fmal report to the Department for review and approval before making, or allowing to be made, a press release, publication, or other public announcement of the project fmdings. This requirement shall not be construed as a limitation upon the provisions of Chapter 119, Florida Statues. DEP Agreement No. S0717, Attachment A, Page 4 of 4 Packet Pg. 481  ATTACHMENT A GRANT WORK PLAN The Florida Department of Environmental Protection (Department) hereby provides funding to the Grantee to be the host local government in establishing a hazardous waste cooperative collection center arrangement with the Neighboring Counties, in accordance with: I. Section 403.7265, Florida Statutes; 2. Any subsequent policies regarding local hazardous waste collection centers with the Department shall provide to the Grantee during the term of this Agreement; and, 3. The Interlocal Agreements (Attachment F), attached hereto and made a part hereof. Any terms of the Agreement and Attachment A that vary from those contained in Attachment H, shall have precedence. Grantee Responsibilities: The Grantee shall act as a host local government for a hazardous waste collection in the Neighboring Counties identified in this attachment. In order to act as a host local government, the Grantee is responsible for the following: ~ having an established operational hazardous waste collection center that offers hazardous waste management services to households and conditionally exempt small quantity generators (CESQGs); ~ developing and following an operational and contingency plan to ensure that waste is managed in a safe working environment to minimize the risk of injury, accidents, and spills; and that only waste generated by CESQGs and households is accepted at the center; ~ ensuring that the hazardous waste collected at a Neighboring County event is delivered to either a recycling facility that operates in accordance with all applicable regulations, or a permitted treatment, storage or disposal facility; and, ~ having and using an EPA identification number when shipping waste. The Grantee shall be responsible for the completion of the following tasks under this Agreement: Task 1 - Hazardous Waste Collection in Neighboring County The Grantee, in accordance with the Interlocal Agreement(s), is responsible for planning and conducting a hazardous waste collection event in each Neighboring County identified in this Agreement. This shall include the completion of the following activities: 1. Establish a site in the Neighboring County for a mobile hazardous waste collection to be held no later than May 31, 2015. 2. Conduct an event that will offer households and conditionally exempt small quantity generators (CESQG) collection and proper management of their hazardous waste including Cathode Ray Tubes in TVs and computer monitors and other consumer electronics. Unacceptable materials include white goods (stoves, refrigerators, water heaters, dryers, etc.). The service will be free for households and a reduced fee for CESQGs. 3. Assist the neighboring county with advertising the event and distributing public awareness information on proper hazardous waste management to local media, schools, agricultural agents, realtor associations, civic service organizations, and to Earth 911 via their website at www .Earth9 l l .org. 4. Develop and follow an operational site-specific health and safety plan for the cooperative collection event to ensure that waste is managed in a safe working environment to minimize the risk of injury, accidents, and spills; and that only waste generated by CESQGs and households is accepted at the event. DEP Agreement No. S0717, Attachment A, Page 1 of 4 Packet Pg. 482 5. Ensure that any electronics demanufacturing/recycling contractor used on a contractual or lot bid basis must meet the following minimum requirements used in the state electronics recycling contract. The contract is available at http://www.dep.state. fl. us/waste/categories/electronics/pages/contract.htm for reference. a. Large Quantity Handler of Universal Waste Batteries notification (not necessary for demanufacturers/recyclers that handle only TVs) b. Mercury-Containing Device Handler registration (not necessary for demanufacturers/recyclers that handle only TVs) c. Insurance type (required) and limits (recommended) - Workers Compensation - legally required limits - Commercial General Liability - $1,000,000/occurrence, $2,000,000 aggregate d. Hold Harmless Endorsement - holds county and state harmless e. Documentation of end markets for equipment (monitors, TVs, CPUs, printers, phones, etc.), recovered components (chips, drives, circuit boards, batteries, etc.) and recovered materials (ferrous metal, nonferrous metal, cones, leaded glass, plastic, etc.). The list of equipment or materials for which end markets shall be documented will depend on the level of demanufacturing involved. For example, if a TV is being sold as is for repair, documentation of recovered components of materials will not be required. Documentation may be in the form of (1) letters of agreements/contracts on subcontractor letterhead; (2) copies of agreements/contracts indicating scope of agreement, dates and signatures; or (3) sworn affidavit from contractor on contractor letterhead. Such documentation shall specify the specific materials involved, time period for which agreement or affidavit is valid, and a general description of the material disposition (precious metal recovery, sale to repair facility, resale to public, secondary lead smelter, etc.). If materials are being exported, documentation must indicate that the materials are being bought by the importer for a reasonable, commercial value, that is, for more than a token value. 6. Have one or more staff on-site during the collection. 7. Collect from each Neighboring County the remaining 25% of the total cost of the hazardous waste collection, unless the Grantee has made arrangements with the Neighboring County to be responsible for these expenses in the Interlocal Agreement, and any additional funds necessary to equal the total cost of the collection should it exceed the total funding available under this Agreement. 8. Pay its hazardous waste management company for the transportation and proper disposal of the hazardous waste. 9. Reuse or recycle collected latex paint to the extent possible. 10. The Grantee, in accordance with the Interlocal Agreement, Attachment F, shall require each Neighboring County to be responsible for: a. Establishing a site for its mobile hazardous waste collection to be held no later than May 31, 2015. b. Guaranteeing funding for payment of25% of its total collection cost to the Grantee unless otherwise agreed upon as evidenced in the Interlocal Agreement. c. Providing funding for any additional costs, which exceed the Department's maximum reimbursement for 75% of the total collection cost, with such payment due the Grantee within a specified time frame. d. Establishing a local project manager to work with the Grantee to publicize the collection event and to prepare and distribute public awareness information on proper hazardous waste management. DEP Agreement No. S0717, Attachment A, Page 2 of 4 Packet Pg. 483  This information shall be distributed to the local media, schools, agricultural agents, local realtor associations, civic service organizations, and to Earth 911 via their website at www.Earth91 l .org. e. Attending the collection and assisting the Grantee in overseeing the paperwork at the close of the collection. 11. The Grantee shall perform the above activities in the following Neighboring Counties: Calhoun, Franklin, Gadsden, Holmes, Jackson, Liberty, Santa Rosa, and Walton. Timeline: Task I must be completed no later than May 31, 2015. Maximum Cost: $107,000 Task 1 Budget by Category for each Neighboring County: la Calhoun County Maximum Cost: $9,000 Contractual Services: $9,000: for collection, processing, and disposal ofHHW lb Franklin County Maximum Cost: $10,000 Contractual Services: $10,000: for collection, processing, and disposal of HHW le Gadsden County Maximum Cost: $11,000 Contractual Services: $11,000: for collection, processing, and disposal of HHW Id Holmes County Maximum Cost: $8,000 Contractual Services: $8,000: for collection, processing, and disposal ofHHW le Jackson County Maximum Cost: $25,000 Contractual Services: $25,000: for collection, processing, and disposal ofHHW If Liberty County Maximum Cost: $4,000 Contractual Services: $4,000: for collection, processing, and disposal ofHHW lg Santa Rosa County Maximum Cost: $15,000 Contractual Services: $15,000: for collection, processing, and disposal ofHHW lh Walton County Maximum Cost: $25,000 Contractual Services: $25,000: for collection, processing, and disposal ofHHW The Grantee may submit separate Payment Request Summary Forms to the Department for reimbursement of up to 75% of each Neighboring County's collection costs, notto exceed the maximum amounts listed above forthe approved costs shown above. In addition to the Summary Form, the Grantee must provide from its accounting system, a listing of expenditures per deliverable, charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name. Deliverable: For each Neighboring County the Grantee shall provide an event report to the Department detailing work completed, problems encountered and problem resolution for the required event. The event report shall also include the date, time, and location of the collection event(s), the types and amounts of waste collected, the final destination of such waste, type and number of participants served, and other information that may be asked for by the Department. The event report shall be submitted no later than sixty (60) days after the event. In addition, the Grantee shall provide documentation of the occurrence of the Neighboring County's collection in the form of newspaper coverage or advertisement of the collection with the date and title of the publication included in the clipping. In addition to the newspaper clippings, pictures of the event with exposure dates may also be submitted. Performance Standard: The deliverable will be reviewed by the Department Grant Manager to verify the events were properly conducted. DEP Agreement No. S0717, Attachment A, Page 3 of 4 Packet Pg. 484 NOTE: A PAYMENT REQUEST SUMMARY FORM, ALONG WITH THE DELIVERABLES MUST BE SUBMITTED FOR EACH NEIGHBORING COUNTY. Task 2 - Host County Activities The Grantee, may utilize the $80,000 host county allocation on a cost reimbursement basis for hazardous waste collection center activities/upgrades in the Grantee County. The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2014 through the completion date identified in paragraph 2 of this Agreement. Work for the following activities will be allowed: > Collection center improvement costs; > Hazardous waste collection operational costs; > Hazardous waste management and disposal costs from its own county's program; > Small quantity generator annual verification program costs; > Educational and promotion costs for information about prevention and proper management of household hazardous waste; and, > Funding to share in each Neighboring County's collection commitment. Timeline: Must be completed no later than June 12, 2015. Maximum Cost: $80,000.00 Budget by Category: Travel: $1,530.00 for travel and hotel to national and state NAHMMA conferences Contractual: $78,470.00 (collection, processing, and disposal ofHHW and program advertisement) The $80,000 reimbursement eligible to the host county for hosting the neighboring county event cannot be used for the 75% neighboring collection event reimbursement. The Department reserves the right to provide written consent for the Grantee to utilize expenditure categories other than those identified in this attachment. Written consent must be obtained from the Department's Grant Manager prior to the Grantee using the expenditure for categories not identified in this attachment. Approval will be in the form of an executed amendment to this Agreement. Upon completion of the hazardous waste collection in each Neighboring County, and of the Grantee's Host County Activities, the Grantee may request reimbursement of up to $10,000 for each Neighboring County event. Funds for the Host County cannot exceed $10,000 per task as previously identified. Deliverable: The Grantee shall provide documentation of each hazardous waste center activity in the form of a list and description of grant expenditures and copies of paid invoices. Photographs of supplies and equipment may also be submitted as well as other information requested by the Department Grant Manager. Performance Standard: The deliverable will be reviewed by the Department Grant Manager to verify the activities were properly conducted. Final Report Requirements In an effort to conserve and recycle natural resources, the Grantee shall submit the fmal report and payment request form generated under this Agreement electronically or on recycled paper, double-sided copies preferred. The Grantee agrees to provide a copy of any draft report and/or fmal report to the Department for review and approval before making, or allowing to be made, a press release, publication, or other public announcement of the project fmdings. This requirement shall not be construed as a limitation upon the provisions of Chapter 119, Florida Statues. DEP Agreement No. S0717, Attachment A, Page 4 of 4 Packet Pg. 485  ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (I) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-l.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference guide.htm DEP 55-219 (05/2008) DEP Agreement No. 80717, Attachment C, Page I of I Packet Pg. 486  ATTACHMENT D PROGRESS REPORT FORM DEP Agreement No.: S0717 Grantee Name: Grantee Address: Grantee's Grant Manager: I Telephone No.: I Quarterly Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments to date; a comparison of actual accomplishments to for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task and attach copies of any deliverables being submitted for the project for this reporting period (Deliverables should be labeled by task and deliverable number as identified in the Grant Work Plan). NOTE: The progress identified in this report should agree with the payment request. Use as many pages as necessary to cover all tasks/deliverables in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: Deliverables being submitted: This report is submitted in accordance with the reporting requirements of DEP Agreement No. S0717 and accurately reflects the activities and costs associated with the subject project. Signature of Grantee's Grant Manager Date DEP Agreement No. S07 l 7, Attachment D, Page I of I Packet Pg. 487  ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department'~ ''DEP'~ "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., 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 with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable ifthe recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. I. 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 I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection 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 of Environmental Protection. 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 ofOMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph I, 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. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions ofOMB 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. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http:/112.46.245.173/cfda/cfda.html DEP 55-215 (06/14) DEP Agreement No. S0717, Attachment E, Page I of5 Packet Pg. 488 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 2 l 5.97(2)(m), Florida Statutes. 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 Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate 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), 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. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the 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. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter ofthat State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits ofState financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost ofsuch additional audits.) PART IV: REPORT SUBMISSION 1. Copies ofreporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment 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: DEP 55-215 (06/14) DEP Agreement No. S0717, Attachment E, Page 2 of 5 Packet Pg. 489  A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.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)(l) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 120 I East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after Januaiy I, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (t), OMB Circular A-133, as revised. 2. Pursuant to Section .320(t), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us DEP 55-215 (06/14) DEP Agreement No. S0717, Attachment E, Page 3 of5 Packet Pg. 490  B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies ofreports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or 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 of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the 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 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (06/14) DEP Agreement No. S0717, Attachment E, Page 4 of 5 Packet Pg. 491  EXHIBIT-I FUNDS A WARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Recioient Pursuant to this Ae:reement Consist of the Followine:: Federal State Program CFDA Appropriation Number Federal Agency Number CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Followine: Matchine: Resources for Federal Pro2rams: Federal State Program Appropriation Number Federal Agency CFDA CFDA Title Funding Amount Category State Resources Awarded to the Recipient Pursuant to this A2reement Consist of the Followin2 Resources Subject to Section 215.97, F.S.: State CSFA Title State Program State CSFA or Appropriation Number Funding Source Fiscal Year Number Funding Source Description Funding Amount Category Original Water Quality Assurance 2014-2015 37.007 Cooperative Collection Center Grant $187,000.00 050840 Agreement Trust Fund, Line Item 1678 I Total Award I $187,000.00 - For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http:/112.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. Packet Pg. 492 DEP 55-215 (06/14) DEP Agreement No. S07 l 7, Attachment E, Page 5 of 5  -ATTACHMENT F INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY AND CALHOUN COUNTY FOR THE REQUEST AND USE OF THE COOPERATIVE COLLECTION CENTER ARRANGEMENT GRANT :8"61:~~8C~~~~~1ffi~1e:M~~'!~ ~~e ~ gr~~~~et&na t~:~~~:~rd of Coll'lty Commissioners, hereafter referred to as •Host County", and Calhoun County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereafter referred to as •Neighboring County". WITNESSETH: WHEREAS, the State of Florida has adopted the 1988 Solid Waste Management Pd which prohibits disposal of hazardous waste into municipal and sanitary landfills; and. WHEREAS, the State of Florida recognizes the need for local governments to administer hazardous waste collection to provide opportunities to its citizens for proper hazardous waste management; and, WHEREAS, the Host County and Neighboring County have determined that a joint and cooperative effort Is a viable approach to the proper and cost effective management of the Neighboring County's hazardous waste stream; and, WHEREAS. the Host County and Neighboring County have developed a joint grant request. endorsed by both Boards of CoUnty Commissioners, and approve the request by lntertocal · I •j Agreement; ~ r f NOW. THEREFORE, in consideration of the mutual benefits to each other, the Host County and the Neighboring County agree as follows: Section 1. Term. The term of this Agreement shall be in effect from the date set forth above I ,,{ until the Florida"'l)Eij)artment of Environmental Prtotectlon discontinues the appropriation of funding I t or by mutual consent of either Host or Neighboring County. ~ ~ Section 2. Mutual Covenants. The Host County and Neighboring County agree to the • following: a) That the grant request Is made jointly on behalf of both counties and Is hereby SJ?ProVed by both counties to be submitted to the Florida Department of Environmental Protection by the Host County. b) To faithfully pursue the intent and purpose of the Cooperative Collection Center Arrangement Grant c) To condud the Neighboring County hazardous waste collection and all associated i business in strid accordance with all applicable laws, regulations and grant rules as set forth by the Florida Oeparbnent of Environmental Protection, and utilize the grant funds r solely for the purpose authorized. coNTK,\CT: cool' COi u:cTION ct:""n:K ,., ~ \ '.(lNTll.\C'l' NO.: c~J 7-~-... 1-v...~ C.\1.llOUN C0l11''T\ . \o"XPlltio'S· \N\ll':FtNITI'. DEP Agreement No. S0717, Attachment F, Page 1 of32 ·· ·' · Packet Pg. 493  0 d) That the Neighboring County's collection will be held after execution of a contract with the Florida Department of Environmental Protection for funding and no later than November 1, of each contract year. Section 3. Responsibilities. a) Of the Host County. (1) The Host County must have an established and operational hazardous waste collection center and must have a licensed, Insured private hazardous waste management company under contract, hereafter referred to as •eontractor", that will be responsible for collecting hazardous waste and assuring the delivery of that waste to an approved recycling, storage, treatment, or disposa' facility. i (2) A Host County shall: :• (a) Assign a project manager to work with the Neighboring County government to ' I establish a site in the Neighboring County for mobile hazardous waste collection. The hazardous waste collection will be free to the Neighboring County households and will be offered at a reduced fee to conditionally exempt small quantity generators for the collection and proper management of their waste. (b) Assist the Neighboring County In publicizing and advertising the Neighboring County's hazardous waste collection days. (c) Assign the project manager to be on site during the Neighboring County's collection day. (d) Provide the Neighboring County with copies of au paperwork from its Contractor associated with the Neighboring County's collection, Including the contractor's final Invoice for services and hazardous waste shipping manifest fonns. l l (e) Pay the contractor for the Neighboring County's hazardous waste collection, and all up front costs through invoice purchase orders for the Neighboring County's hazardous waste collection. i • (f) Invoice and collect from the Neighboring County its share of cost of the hazardous waste collection. t (3) The Host County may, upon completion of the Neighboring County's hazardous waste collection, request payment of an additional $10,000 grant for acting as the host local I government under a Cooperative Collection Center Arrangement and submit an Invoice to the Department for reimbursement of 75% of the actual cost of the Neighboring County's coHectlon not to exceed the face amount of the grant. r ! i b) Of the Neighboring County: A Neighboring County shalt: DEP Agreement No. S0717, Attachment F, Page 2 of32 Packet Pg. 494  0 Q (1) Establish a site for its mobile hazardous waste collection that is acceptable to the Contractor under contract to the Host County. (2) Work with the Host County to choose a mutually convenient date for the collection. (3) Guarantee funding to the Host County for payment of balance of its collection costs. (4) Pay the Host County within thirty (30) working days after receiving an invoice from the Host County. I (5) Designate a local project manager to work with the Host County to prepare and distribute public awareness information on proper hazardous waste management and publicize the collection day. This information will be distributed to the local media, schools, agricultural agents, and civic and service organizations. Ii ~ (6) Attend the collection and assist the Host County in overseeing paperwork at the 4 dose of the collection. J ~ (7) Provide the hazardous waste management company under contract to the Host • County the names and addresses of regulated small quantity generators of f hazardous waste in Its oounty. .'. (8) Work with the Host County to advertise, promote and organize a •milk-run• •• collection route service for regulated small quantity generators in order to obtain a reduced fee for proper disposal of their hazardous wastes at a permitted facility. Section 4. ~autt and Termination. The failure of any party to comply with the provisions of this Agreement II place that party In default. Prior to tenninating the Agreement with respect to the defaulting party, the non-defauldng party shall notify the defaulting party and all other parties In writing. Notification shall make specific reference to the provision 'Nhich gave rise to the default and shall Specify a reasonable period of time for the defaulting party to cure the default. In the event said default is not cured within the time provided, this Agreement with respect to the defaulting party may be terminated. The failure of any party to exercise this right shall not be considered a waiver of such right in the event of any further default or non-compliance. In the event of termination, the defaulting party shall retum any unexpended grant funds and shall comply with any requirements the Florida Department of Environmental Protection may impose. Additionally, either party may terminate the Agreement In writing with 90 days notice. l Section 5. Modification. This Agreement may be modified at any time by mutual written I l consent of the parties and by permission of the Florida Department of EnvironmentaJ Protection, if such is required. I. t f Section 8. lntmnlflcatton. Subject to the provisions of Section 768.28, F.S. each County t agrees to indemn~. save and hold harmless all other party members from any and all liabilities, claims or damages of any kind which are or may be imposed for any of Its negHgent acts or omissions or the negligent acts or commissions of Its officers, employees or agents arising out of or pursuant to this Agreement and/or the hazardous waste management programs for which these r I ' DEP Agreement No. S07 l 7, Attachment F, Page 3 of 32 l•.. Packet Pg. 495  0 Q grant funds are sought. This indemnification shall not result in, or be construed to mean, a waiver of sovereign immunity by either county with respect to claims by third parties. Section 7. Notice;. Any notices required by this Agreement shall be sufficient if sent by the parties in the United tates mail, postage paid; to the address noted below: If to Okaloosa County: Chainnan, Okaloosa County Board of County Commissioners 1250 N. Eglin Parkway Shalimar, f:lorida 32579 Chairman, Calhoun County If to Calhoun County: Board of County Commissioners Section 8. Recording. Each County, upon execution of this Agreement will rerord a copy of this Agreement In Its public records and send a copy to the Florida Department of Environmental Protection. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS CALHOUN COUNTY, FLORIDA ~-.l-J:l~ Chainnan ATTEST: -.dao J ~ BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA DEP Agreement No. S0717, Attachment F, Page 4 of32 Packet Pg. 496  0 **** Okaloosa aty BCC approval 12-15-09. INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY AND FRANKLIN COUNTY FOR THE REQUEST AND USE OF THE COOPERATIVE COLLECTION CENTER ARRANGEMfJ'a GRANT This lnterlocal Agreement made and entered into this ltf fh day of 0) ~ 2009, b).' and between Okaloosa County, a political subdivision of the State of Florida, bynd through its Board of County Commissioners, hereafter referred to as "Host County", and Franklin County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereafter referred to as "Neighboring County". WITNESSETH: WHEREAS, the State of Florida has adopted the 1988 Solid Waste Management Act which prohibits disposal of hazardous waste into municipal and sanitary landfills; and, WHEREAS, the State of Florida recognizes the need for local governments to administer hazardous waste collection to provide opportunities to its citizens for proper hazardous waste management; and, WHEREAS, the Host County and Neighboring County have determined that a joint and cooperative effort is a viable approach to the proper and cost effective management of the Neighboring County's hazardous waste stream; and, WHEREAS, the Host County and Neighboring County have developed a joint grant request, endorsed by both Boards of County Commissioners, and approve the request by lnteriocal Agreement; NOW, THEREFORE, in consideration of the mutual benefits to each other, the Host County and the Neighboring County agree as follows: Section 1. Term. The term of this Agreement shall be in effect from the date set forth above until the Florida Department of Environmental Protection discontinues the appropriation of funding or by mutual consent of either Host or Neighboring County. Section 2. Mutual Covenants. The Host County and Neighboring County agree to the following: a) That the grant request is made jointly on behalf of both counties and is hereby approved by both counties to be submitted to the Florida Department of Environmental Protection by the Host County. b) To faithfully pursue the intent and purpose of the Cooperative Collection Center Arrangement Grant c) To conduct the Neighboring County hazardous waste collection and all associated business in strict accordance with all applicable laws, regulations and grant rules as set forth by the Florida Department of Environmental Protection, and utilize the grant funds solely for the purpose authorized. ll!SU II :?610639 BK· .:920 F'CN03,F'•-ige I of ~ CONTRACT#: Cl0-1771-PW Rec~rdetl 01 OS.2010 at 08:35 AM. FRANKLIN COllrflY RECORDING S19 SC RECORDING ART'.CLE '/ S•6.00 COOPERATIVE COLLECTION ARRANGEMENT EXPIRES: INDEFINITE I :;i;.r:::.r1 19<" KS-...i-tO-;:.~R4FT ! ::cp.. \V Hf. N~::W :- .'7RI( rr: r.-. 1c-~ ·:< ·l.0--:'~ , ( -. -.rv ~ DEP Agreement No. 80717, Attachment F, Page 5 of 32 •f Packet Pg. 497  0 0 d) That the Neighboring County's collection will be held after execution of a contract with the I Florida Department of Environmental Protection for funding and no later than November 1, of each contract year. t Section 3. Resoonsibilities. a) Of the Host County. (1) The Host County must have an established and operational hazardous waste collection center and must have a licensed, insured private hazardous waste management company l under contract, hereafter referred to as "Contractor". that will be responsible for collecting hazardous waste and assuring the delivery of that waste to an approved recycling, storage, treatment, or disposal facility. {2) A Host County shall: (a) Assign a project manager to work with the Neighboring County government to establish a site in the Neighboring County for moblle hazardous waste collection. The l:\azardous waste collection will be free to the Neighboring County households I , !' and will be offered at a reduced fee to conditionally exempt small quantity generators for the collection and proper management of their waste. II (b) Assist the Neighboring County in publicizing and advertising the Neighboring County's hazardous waste collection days. l (c) (d) Assign the project manager to be on site during the Neighboring County's collection day. Provide the Neighboring County with copies of all paperwork from its Contractor I (e) associated with the Neighboring County's collection, including the contractor's final invoice for services and hazardous waste shipping manifest forms. Pay the contractor for the Neighboring County's hazardous waste collection, and all I up front costs through invoice purchase orders for the Neighboring County's hazardous waste collection. I (f) Invoice and collect from the Neighboring County its share of cost of the hazardous waste collection. I (3) The Host County may, upon completion of the Neighboring County's hazardous waste collection, request payment of an additional $10,000 grant for acting as the host local government under a Cooperative Collection Center Arrangement and submit an invoice to the Department for reimbursement of 75% of the actual cost of the Neighboring County's collection not to exceed the face amount of the grant. f DEP Agreement No. S0717, Attachment F, Page 6 of32 Packet Pg. 498  0 0 i b) Of the Neighboring County: t I A Neighboring County shall: f (1) Establish a site for its mobile hazardous waste collection that is acceptable to the l i Contractor under contract to the Host County. (2) Work with the Host County to choose a mutually convenient date for the collection. (3) Guarantee funding to the Host County for payment of balance of its collection costs. (4) Pay the Host County within thirty (30) working days after receiving an invoice from the Host County. ; I I (5) Designate a local project manager to work with the Host County to prepare and distribute public awareness information on proper hazardous waste management and publicize the collection day. This information will be distributed to the local media, schools, agricultural agents, and civic and service organizations. I (6) Attend the collection and assist the Host County in overseeing paperwork at the close of the collection. (7) Provide the hazardous waste management company under contract to the Host County the names and addresses of regulated small quantity generators of hazardous waste in its county. (8) Work with the Host County to advertise, promote and organize a •milk-run" collection route service for regulated small quantity generators in order to obtain a reduced fee for proper disposal of their hazardous wastes at a permitted facility. Section 4. Default and Termination. The failure of any party to comply with the provisions of this Agreement shall place that party in default. Prior to terminating the Agreement with· respect to the defaulting party, the non-defaulting party shall notify the defaultin~ party and all other parties in writing. Notification shall make specific reference to the provision which gave rise to the default and shall specify a reasonable period of time for the defaulting party to cure the default. ln the event I said default is not cured within the time provided, this Agreement with respect to the defaulting party may be tenninated. The failure of any party to exercise this right shall not be considered a waiver of t such right in the event of any further default or non-compliance. In the event of termination, the defaulting party shall return any unexpended grant funds and shall comply with any requirements ! the Florida Department of Environmental Protection may impose. Additionally, either party may t terminate the Agreement in writing with 90 days notice. I '· Section 5. Modification. This Agreement may be modified at any time by mutual written consent of the parties and by permission of the Florida Department of Environmental Protection, if such is required. i Section 6. Indemnification. Subject to the provisions of Section 768.28, F.S. each County agrees to indemnify, save and hold harmless all other party members from any and all liabilities, .. f l l DEP Agreement No. S07 l 7, Attachment F, Page 7 of 32 Packet Pg. 499  0 I, claims or damages of any kind which are or may be imposed for any of its negligent acts or omissions or the negligent acts or commissions of its officers, employees or agents arising out of or pursuant to this Agreement and/or the hazardous waste management programs for which these grant funds are sought. This indemnification shall not result in, or be construed to mean, a waiver of sovereign immunity by either county with respect to claims by third parties. Section 7. Notices. Any notices required by this Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to Okaloosa County: Chairman, Okatoosa County Board of County Commissioners 1804 Lewis Turner Blvd. Fort Walton Beach, FL 32547 If to Franklin County: I I. Section 8. Recording. Each County, upon execution of this Agreement will record a copy of this Agreement in its public records and send a copy to the Florida Department of Environmental Protection. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. i •' .l BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA DEP Agreement No. S07 l 7, Attachment F, Page 8 of 32 Packet Pg. 500  0 **tit Okaloosa Councy B(tapproval 12-15-09. INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY AND GADSDEN COUNTY FOR THE REQUEST AND USE OF THE COOPERATIVE COLLECTION CENTER ARRANGEMENT GRANT ...... This lnterlocal Agreement made ~.nd enter~ i~to this _20th_ day of _October_ 2009, by and between Okaloosa County, a political subd1v1s1on of the State of Florida, by and through its Board of County Commissioners, hereafter referred to as "Host County", and Gadsden County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereafter referred to as "Neighboring County". WITNESSETH: WHEREAS, the State of Florida has adopted the 1988 Solid Waste ManagemenfAct which prohibits disposal of hazardous waste into municipal and sanitary landfills; and, WHEREAS, the State of Florida recognizes the need for local governments to administer hazardous waste collection to provide opportunities to its citizens for proper hazardous waste management; and, WHEREAS, the Host County and Neighboring County have determined that a joint and cooperative effort is a viable approach to the proper and cost effective management of the Neighboring County's hazardous waste stream; and, WHEREAS, the Host County and Neighboring County have developed a joint grant request, endorsed by both Boards of County Commissioners, and approve the request by lnterlocal Agreement; NOW, THEREFORE, in consideration of the mutual benefits to each other, the Host County and the Neighboring County agree as follows: Section 1. Term. The term of this Agreement shall be in effect from the date set forth above until the Florida Department of Envirorvnental Protection discontinues the appropriation of funding l or by mutual consent of either Host or Neighboring County. it Section 2. Mutual Covenants. The Host County and Neighboring County agree to the ~ollowing: a) That the grant request is made jointly on behalf of both counties and is hereby approved by both counties to be submitted to the Florida Department of Environmental Protection by the Host County. b) To faithfully pursue the intent and purpose of the Cooperative Collection Center Arrangement Grant c) To conduct the Neighboring County hazardous waste collection and all associated business in strict accordance with all applicable laws, regulations and grant rules as set forth by the Florida Department of Environmental Protection, and utilize the grant funds solely for the purpose authorized. CONTRACT#: Cl...1779-PW GADSDEN COUNlY COOPERATIVE COLLECTION ARRANGEMlt:NT EXPIRES: INDEflNITE DEP Agreement No. 80717, Attachment F, Page 9 of32 Packet Pg. 501  0 0 d) That the Neighboring County's collection will be held after execution of a contract with the Florida Department of Envir:onmental Protection for funding and no later than November 1, of each contract year. Section 3. Responsibilities. I.. ; a)· Of the Host County. ' (1) The Host County must have an established and operational hazardous waste collection t center and must have a licensed, insured private hazardous waste management company under contract, hereafter referred to as "Contractor", that will be responsible for collecting hazardous waste and assuring the delivery of that waste to an approved recycling, storage, treatment, or disposal facility. I •• f • (2) A Host County shall: (a} Assign a project manager to work with the Neighboring County govemment to establish a site in the Neighboring County for mobile hazardous waste collection. The hazardous waste collection will be free to the Neighboring County households and will be offered at a reduced fee to conditionally exempt small quantity generators for the collection and proper management of their waste. (b) Assist the Neighboring County in publicizing and advertising the Neighboring County's hazardous waste collect1on days. (c) Assign the project manager to be on site during the Neighboring County's collection day. (d) Provide the Neighboring County with copies of all paperwork from its Contractor associated with the Neighboring County's collection, including the contractor's final invoice for services and hazardous waste shipping manifest forms. (e) Pay the contractor for the Neighboring County's hazardous waste collection, and all up front costs through invoice purchase orders for the Neighboring County's hazardous waste collection. (f) Invoice and collect from the Neighboring County its share of cost of the hazardous waste collection. (3) The Host County may, upon completion of the Neighboring County's hazardous waste collection, request payment of an additional $10,000 grant for acting as the host local government under a Cooperative Collection Center Arrangement and submit an invoice to the Department for reimbursement of 75% of the actual cost of the Neighboring County's collection not to exceed the face amount of the grant. DEP Agreement No. 80717, Attachment F, Page 10 of32 Packet Pg. 502  0 b) Cf the Neighboring County: A Neighboring County shall: (1) Establish a site for its mobile hazardous waste collection that is acceptable to the (2) Contractor under contract to the Host County. Work with the Host County to choose a mutually convenient date for the collection. l . f (3) (4) Guarantee funding to the Host County for payment of balance of its collection costs. Pay the Host County within thirty (30) working days after receiving an invoice from the Host County. I •t (5) Des~nate a local project manager to work with the Host County to prepare and distri ute public awareness information on proper hazardous waste management ~ and publicize the collection day. This information will be distributed to the local media, schools, agricultural agents, and civic and service organizations. (6) Attend the collection and assist the Host County in overseeing paperwork at the close of the collection. I (7) Provide the hazardous waste mana~ement company under contract to the Host I County the names and addresses o regulated small quantity generators of . I : hazardous waste in its county. (8) Work with the Host County to advertise, promote and organize a "milk-run" collection route service for regulated small quantity generators in order to obtain a reduced fee for proper disposal of their hazardous wastes at a permitted facility. Section 4. Default and Termination. The failure of any party to comply with the provisions of this Agreement shall place that party in default. Prior to terminating the Agreement with respect to the defaulting party, the non-defaulting party shall notify the defaulti~ party and all other parties in writing. Notification shall make specific reference to the provision which gave rise to the default and t shall specify a reasonable period of time for the defaulting party to cure the default. In the event f said default is not cured within the time provided, this Agreement with respect to the defaulting party i may be terminated. The failure of any party to exercise this right shall not be considered a waiver of { such r~ht in the event of any further default or non-compliance. In the event of termination, the . defaulting party shall return any unexpended grant funds and shall comply with any requirements the Florida Department of Environmental Protection may impose. Additionally, either party may. terminate the Agreement in writing with 90 days notice. Section 5. Modification. This Agreement may be modified at any time by mutual written consent of the parties and by permission of the Florida Department of Environmental Protection, if such is required. Section 6. Indemnification. Subject to the provisions of Section 768.28, F.S. each County agrees to indemnify, save and hold harmless all other party members from any and all liabilities, DEP Agreement No. S0717, Attachment F, Page 11 of 32 Packet Pg. 503 '  0 0 claims or damages of any kind which are or may be imposed for any of its negligent acts or omissions or the negligent acts or commissions of its officers, employees or agents arising out of or pursuant to this Agreement and/or the hazardous waste management programs for which these ' grant funds are sought This indemnification shall not result in, or be construed to mean, a waiver of sovereign immunity by either county with respect to claims by third parties. Section 7. Notices. Any notices required by this Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: I j If to Okaloosa County: Chairman, Okaloosa County I t ' Board of County Commissioners l 1804 Lewis Turner Blvd. Fort Walton Beach, Florida 32547 If to Gadsden County: Chairman, Gadsden County Board of County Commissioners P.O. Box 1799 Quincy, Florida 32353-1799 Section 8. Recording. Each County, upon execution of this Agreement will record a copy of this Agreement in its public records and send a copy to the Florida Department of Environmental Protection. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS GADSDEN COUNlY, FLORIDA -£:a~~ Chairma BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNlY, FLORIDA _j;).tO~J~ William J. Robe Chairman DEP Agreement No. S0717, Attachment F, Page 12 of 32 Packet Pg. 504  Q INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY AND HOLMES COUNTY FOR THE REQUEST AND USE OF THE COOPERATIVE COLLECTION CENTER ARRANGEMENT GRANT 4th October This lnterlocal Agreement made and entered into this ~~~ day of lilep-taaa~005. bY. and· between Okaloosa County. a political subdMsion of the State of Florida, by and through its Board of County Commissioners. hereafter referred to as •Host County", and Holmes County, a political subdivision of the State of Florida, by and through Its Board of County Commissioners, hereafter referred to as "Neighboring County". WITNESSETH: WHEREAS, the State of Florida has adopted the 1988 Solid Waste Management Ad. which 'f J prohibits disposal of hazardous waste into municipal and sanitary landfills; and, t WHEREAS, the State of Florida recognizes the need for local governments to administer it hazardous waste collection to provide opportunities to its citizens for proper hazardous waste management; and, lI f WHEREAS, the Host County and Neighboring County have determined that a joint and •~ cooperative effort is a viable approach to the proper and cost effective management of the Neighboring County's hazardous waste stream; and, •t WHEREAS, the Host County and Neighboring County have developed a joint grant request, I endorsed by both Boards of County Commissioners, and approve the request by lntertocal l Agreement; ..f ~ NOW, THEREFORE, in consideration of the mutual benefits to each other, the Host County and the Neighboring County agree as foDows: s Section 1. I«m.. The term of this Agreement shall be in effect from the date set forth above • until the FloridaL>eP&rtment of Environmental Protection discontinues the appropriation of funding or by mutual consent of either Host or Neighboring County. i l Section 2. .Mutual Covenants. The Host County and Neighboring County agree to the following: ' J a) That the grant request is made jointly on behalf of both counties and is hereby approved by I." both counties to be submitted to the Florida Department of Environmental Protection by the Host County. '' b) To faithfully pursue the intent and purpose of the Cooperative Collection Center Arrangement Grant c) To condud the Neighboring County hazardous waste collection and all associated business In strict accordance with all applicable laws, regulations and grant rules as set forth by the 1::· Florida Department of Environmental Protection, and utilize the grant funds solely for the purpose authorized. CONTRACT: <'.OOP C:Ol.U:CTION c:IO:NTl-:Jl CONTRACT NO.: ('96-0216-SWl-IJ JK>t.!\U•:s corwn· ...:xr11u:s: JN1n:nNnt: DEP Agreement No. 80717, Attachment F, Page 13 of32 Packet Pg. 505 ... 0 i f t l' d) That the Neighboring County's collection will be held after execution of a contract with the ! Florida Department of Environmental Protection for funding and no later than November 1. of each contract year. Section 3. Resoonsibllities. a) Of the Host County. (1) The Host Cou:: must have an established and orarational hazardous waste collection i· center and mu have a licensed, insured private azardous waste management company • t under contract, hereafter referred to as "Contractor", that will be responsible for colectlng hazardous waste and assuring the delivery of that waste to an approved recycling, storage, treatment. or disposal facility. (2) A Host County shall: (a) Assi~n a project manager to work with the Neighboring County government to esta ish a site in lhe Neighboring County for mobile hazardous waste collection. . The hazardous waste collection wilt be free to the Neighboring County households and will be offered at a reduced fee to conditionally exempt small quantity generators for the col~n and proper management of their waste. ''· 1.. (b) Assist the Neighboring County in publicizing and advertising the Neighboring County's hazardous waste coltection days. (c) Assign the project manager to be on site during the Neighboring County's collection day. (d) Provide the Neighboring County with ~ies of all paperwork from its Contractor associated with the Neighboring Coun s collection, including the contractor's final invoice for services and hazardous waste shipping manifest forms. _ (e) Pay the contractor for the Neighboring County's hazardous waste collection, and all up front 00$18 through Invoice purchase orders for the Neighboring County's hazardous waste collection. (f) Invoice and collect from the Neighboring County its share of cost of the hazardous waste collection. (3) The Host County may, upon completion of the N~boring County's hazardous waste collection, request pa6ment of an additional $10, grant for acting as the host local government under a ooperatlve Collection Center Arrangement and submit an invoice to the De~nt for reimbursement of 75% of the actual cost of the Neighboring County's collection not to exceed the face amount of the grant b) Of the Neighboring County: A Nelghbori119 County shall: DEP Agreement No. S07 l 7, Attachment F, Page 14 of 32 Packet Pg. 506  0 (1) Establish a site for its mobile hazardous waste collection that is acceptable to the Contractor under contract to the Host County. (2) Work with the Host County to Choose a mutually convenient date for the collection. (3) Guarantee funding to the Host County for payment of balance of its collection costs. (4) Pay the Host County within thirty (30) working days after receiving an invoice from the Host County. (5) Designate a local project manager to work with the Host County to prepare and distribute public awareness information on proper hazardous waste management and publicize the collection day. This information will be distributed to the local medra, schools, agricultural agents, and civic and service organizations. (6) Attend the collection and assist the Host County in overseeing paperwork at the close of the collection. (7) Provide the hazardous waste management company under contract to the Host County the names and addresses of regulated smaU quantity generators of hazardous waste in its county. (8) Work with the Host County to advertise, promote and organize a •milk-run" collection route service for regulated small quantity generators in order to obtain a reduced fee for proper disposal of their hazardous wastes at a pennitted facility. Section 4. Default and Termination. The failure of any party to comply with the provisions of this Agreement shall place that party In default. Prior to tenninating the Agreement with respect to the defaulting party, the non-defaulting party shall notify the defaulting party and all other parties in writing. Notification shall make sp8Cific reference to the provision which gave rise to the default and shall specify a reasonable period of time for the defaulting party to cure the default In the event said default is not cured within the time provided, this Agreement with respect to the defaulting party may be tenninated. The failure of any party to exercise this right shall not be considered a waiver Of such i. right in the event of any further default or non-compliance. In the event of tennination, the defaulting party shall return any unexpended grant funds and shall comply with any requirements the Florida ' Department of Environmental Protection may impose. Additionally, either party may terminate the Agreement in writing with 90 days notice. Section 5. MPeg'catton. This Agreement may be modified at any time by mutual written consent of the parties and permission of the Florida Department of Environmental Protection, if such is required. Section 6. l=mnification. Subject to the provisions of Section 768.28, F.S. each County ~to indemi'l:save and hold tlarmless an other party members from any and all liabilities, claims or damages of any kind which are or may be Imposed for any of its negligent acts or omissions or the negligent acts or commissions of its officers, emplojees or agents arising out of or pLnUant to this Agreement and/or the hazardous waste management programs for which these grant funds are sought This indemnification shall not result in, or be construed to mean. a waiver of sovereign immunity by either county with respect to claims by third parties. DEP Agreement No. S07 l 7, Attachment F, Page 15 of 32 Packet Pg. 507  .. 0 Section 7. Noti{§i. Any notices required by this Agreement shall be sufficient if sent by the parties in the United tates mail, postage paid, to the address noted below: If to Okaloosa County: Chairman, Okaloosa County Board of County Commissioners 1250 N. Eglin Parkway Shalimar, Florida 32579 Chairman, Holmes County If to Holmes County: Board of County Commissioners Section 8. Recordina. Each County. upon execution of this ~reernent will record a copy of this Agreement .in HSpublic records and send a copy to the FIOrida Department of Envirohri)ental Pi'otection. . .,:· . :j . . ·.,, IN WITNESS wHGREo~;.-tt."~ parties hereto have caused this Agreement to be executed on the day ." '·' ·~ . · · . alid ye~u ~rst above written. . .: . ; BOARD OF COUNTY COMMISSIONERS HOLMES COUNTY, FLORIDA .. Chairman. Earl Stafford . f ATIEST: ~J DEP Agreement No. S0717, Attachment F, Page 16 of 32 Packet Pg. 508  0 0 ~ t l I INTERLOCAL AGREEMENT BElWEEN OKALOOSA COUNTY AND JACKSON COUNTY FOR THE REQUEST AND USE OF THE COOPERATIVE COLLECTION CENTER ARRANGEMENT GRANT This lnterlocal Agreement made and entered into this 2J..IJ-u day of tJso.~ 2011, by and between Okaloosa County, a polltfcal subdivision of thi""Stite of Florida, y through lts Board of County Commissioners, tiereafter referred to as •Host Coumy', and Jackson County, a political subdivision of the State of Florida, by and through its Board of county Commlssioners, hereafter referred to as "Neighboring County'. WITNESSETH: WHEREAS, the State of Florida has adopted the 1988 Solid Waste Management Ad. which prohibits disposal of hazardous waste into municipal and sanitary landfills; and, t WHEREAS, the State of Florida recognizes the need for local governments to administer { . hazardous waste collection to provide opportunities to its citizens f6r proper hazardous waste management; and, J WHEREAS, the Host County and Neighboring County have determined that a joint and cooperative effort Is a viable approach to the proper and cost effective management of the Neighboring County's hazardous waste stream; and, l WHEREAS, the Host County and Neighboring County have developed a joint grant request, 1 endorsed by both Boards of County Commissioners, and approve the request by lntertocal Agreement, I NOW, THEREFORE, in consideration Of the mutual benefits to each other, the Host County and the Neighboring County agree as follows: i t Section 1. Jmm. The term of this Agreement shall be in effect from the date set forth above until the Florida Department of Environmental Protection discontinues the appropriation of funding or by mutual consent of either Host or Neighboring County. · Section 2. Mutual Covenants. The Host County and Neighboring County agree to the following: a) That the grant request is made jointly on behatf of both counties and is hereby approved by both counties to be submitted to the Florida Department of Environmental Protection by the Host County. I J b) To faithfully pursue the intent and purpose of the Cooperative Collection Center Arrangement Grant c) To conduct the Neighboring County hazardous waste collection and all associated i ..' I business In strict accordance with 811 applicable laws, regulations and grant rules as set forth by the Florida Department of Envtronmental Protection, and utmze the grant funds solely for the purpose authorized. '•. i '"*. 2714463 Ell<: 2991 P0:3951S,Page 1 4 R8cxirdld 07/Dlil2011 02:03 PM. cl CONTRAC'f # C99-oll4-PW ' 81 RECORCING: $19.50 RECORDING ARTICLE V: $1S.OO JACKSON COUNTY USJt: OF CO-OP COLLECTION CENTER &"'<PIRES: INDEl<'INITE l DEPUTY Q.ERJ< 1<9CHOOLCRAFT OOHW HOWARDQ.ERK Ql:<XllJRT6..QJSA~COUNlY. lil. DEP Agreement No. :SUI 11, Attacnment r, Page 17 of 32 l• l Packet Pg. 509  0 d) That the Neighboring County's collection will be held after execution of a contract with the Florida Department of Environmental Protection for funding and no later than November 1, of each contract year. Section 3. Ruoonslbllities. a) Of the Host County. (1) The Host County must have an established and operational hazardous waste collection center and must have a licensed, insured private hazardous waste management company under contract, hereafter referred to as ·contractor", that will be responsible for collecting hazardous waste and assuring the delivery of that waste to an approved recycling, storage, treatment, or disposal facility. (2) A Host county shall: l (a) Assign a project manager to work with the Neighboring County government to establish a she In the Neighboring County for mobile hazardous waste collection. Il The hazardous waste collection will be free to the Neighboring County households and will be offered at a reduced fee to conditionally exempt small quantity generators for the collection and proper management of their waste. I Assist the Neighboring County In publicizing and advertising the Neighboring ' (b) County's hazardous waste collectiOn days. t (c) Assign the project manager to be on site during the Neighboring County's collection day. (d) Provide the Neighboring County with ~pies of all paperwork from its Contractor associated with the Neighboring County's collection, including the contractors final invoice for services ancfhazardous waste shipping manifest forms. (e) Pay the contractor for the Neighboring County's hazardous waste collection, and all up front costs through Invoice purchase orders for the Neighboring County's hazardous waste cOllection. (f) Invoice and collect from the Neighboring County Its share of cost of the hazardous waste collection not to exceed $7,000.00. t ~ (3} The Host County may, upon completion of the Neighboring County's hazardous waste • ; collection, request payment of an additional $10,000 grant for acting as the host local f government under a COOperative Collection Center Arrangement and submit an invoice to tlle Department for reimbursement of 75% of the actual cost of the Neighboring County's conectfon not to exceed the face amount of the grant. i b} Of the Neighboring County: A Neighboring County shall: I i i DEP Agreement No. S0717, Attachment F, Page 18 of32 l Packet Pg. 510  0 (1) Establish a site for its mobile hazardous waste collection that is acceptable to the Contractor under contract to the Host County. (2) Work With the Host County to choose a mutually convenient date for the collection. (3) Guarantee funding to the Host County for payment of balance of Its coHection (4) costs. Pay the Host County within thirty (30) working days after receiving an invoice from the Host County. ! (5) Designate a local project manager to work with the Host County to prepare and distribute public awareness information on proper hazardous waste management and pubUdze the collection day. This information will be distributed to the local media, schools, agricultural agents, and civic and service organizations. (6) Attend the collection and assist the Host County in overseeing paperwork at the close of the collection. (7) Provide the hazardous waste management company under contract to the Host County the names and addresses of regulated small quantity generators of hazardous waste in its county. (8) Work with the Host County to advertise, promote and organize a "milk-run• collection route service for regulated small quantity generators In order to obtain a reduced fee for proper disposal of their hazardous wastes at a permitted facility. Section 4. Default and Temlination. The failure of any party to comply with the provisions of this Agreement shall place that party In default Prior to tennlnating the Agreement With respect to the defaulting party, the non-defaultl".'.9 party shall notify the defaulting party and aJI other parties In writing. Notification shall make specific reference to the provision whiCh gave rise to the default and shall specify a reasonable period of time for the defaulting party to cure tfte default. In the event I said default is not cured within the time provided, this Agreement with respect to the defaulting party may be terminated. The failure of any party to exercise this right shall not be considered a waiver Of such rlaht in the event of any further default or non-compliance. In the event of tennination, the defaultfng l>_!lrly shall return any unexpended grant funds and shall comply with any requirements the Florida Department of Environmental Protection may impose. Additionally, either party may I. terminate the Agreement In writing with 90 days notice. Section 5. Modification. This Agreement may be modified at any time by mutual written consent of the parties and by pennission of the Florida Department of Env;ronmental Protection, if such Is required. Section 6. Indemnification. SY~Jeet te tl=te pr&Asiens of SeetJen 788.28, F.S. eaGh Cel:tnty agFees te iRdemAlfy, &a'le MEI held t:laFmle66 aH other par:ty FR&fRbefs fFem any and all ll&lllties, elaiffl8 er damates ef any kfREI ·.vt:tleh are er may 9e IFAp068EI for My of Its negAgent aets 9' omisslens er ttie Aegligent aets er e&ffH~ieeleAB of its offieeF6, empleyees or ageAta aFi&lng eyt of er p1:1F61:18At te this Agr-eement and/Gr the hazaraol:IS waste mElffagemeAt pregrame feF whleh these graAt twnEis are seught This lneemnlfieatlon Each County agrees to be responsible for any and an DEP Agreement No. S0717, Attachment F, Page 19 of32 Packet Pg. 511  0 0 liabilities, claims, or damages of any kind which may be imposed as a result of the negligence or other wrongful act of the County or the County's employees; PROVIDED, that this agreement shall not result in, or be construed to mean, a waiver of sovereign Immunity by either county with respect to claims by third parties. Section 7. Notices. Any notices required by this Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: I ~ f !• it If to Okaloosa County: Chairman, OkaJoosa County Board of County J Commissioners 1250 N. Eglin Parkway Shalimar, Florida 32579 ' If to Jackson County: Chairman, Jackson County f i Board of County Commissioners .i t ~ Section 8. Recording. Each Cou~. upon execution of this Agreement will record a copy of this Agreement In its publie records and send a copy to the Florida Department of Environmental Protection. tij:REOF, the parties hereto have caused this Agreement to be executed on the day . · .·\and year first above written. BOARD OF COUNTY COMMISSIONERS JACKSON COUNTY, FLORIDA Q.R...L~_______ --- __.,. ___ Chuck Lockey, C irman DEP Agreement No. 80717, Attachment F, Page 20 of32 Packet Pg. 512  i INTERLOCAL AGREEMENT BE"TWEEN OKALOOSA COUNTY ANO LIBERTY COUNTY FOR THE REQUEST AND USE OF THE COOPERATIVE COLLECTION t CENTER ARRANGEMENT GRANT l l This lnterlocal Agreement made and entered into this nee. day of J5 2009, by and between Okaloosa County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereafter referred to as "Host County'', and Liberty County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereafter referred to as "Neighboring County". l WITNESSETH: r l WHEREAS, the State of Florida has adopted the 1988 Solid Waste Management Act which J prohibits disposal of hazardous waste into municipal and sanitary landfills; and, ~ WHEREAS, the State of Florida recognizes the need for local governments to administer ' hazardous waste collection to provide opportunities to its citizens for proper hazardous waste ' management; and, WHEREAS, the Host County and Neighboring County have determined that a joint and I I it cooperative effort is a viable approach to the proper and cost effective management of the Neighboring County's hazardous waste stream; and, WHEREAS, the Host County and Neighboring County have developed a joint grant request, endorsed by both Boards of County Commissioners, and approve the request by lnterlocal Agreement; I NOW, THEREFORE, In consideration of the mutual benefits to each other, the Host County and t the Neighboring County agree as follows: Section 1. l§rm. The term of this Agreement shall be in effect from the date set forth above until the Florida Department of Environmental Protection discontinues the appropriation of funding or by mutual consent of either Host or Neighboring County. I.. I i Section 2. Mutual Covenants. The Host County and Neighboring County agree to the following: a) That the grant request is made jointly on behalf of both counties and is hereby approved by both counties to be submitt~ to the Florida Department of Environmental Protection by the Host County. b) To faithfully pursue the intent and purpose of the Cooperative Collection Center Arrangement Grant c} To conduct the _Neighboring County hazardous waste collection and all associated business in strict accordance with all applicable laws, regulations and grant rules as set forth by the Florida Department of Environmental Protection, and utilize the grant funds solely for the purpose authorized. tnstr 112610640 6K: 2920 PG:407.Puge 1 ;;>( 4 Recorde.I 01.caf2010 at 05:39 AM, CONTRA.CT# : Cllt-1781-PW RECORDING S19.50 RECORDING JIRTICL!! V 5'6 00 UBER1Y COUN1Y COOPERATIVE COLLECTION AllRANGli:MENT EXPIRE.'i: INDIDNITE DEP Agreement No. 80717, Attachment F, Page 21 of32 Packet Pg. 513  0 d) That the Neighboring County's collection will be held after execution of a contract with the Florida Department of Environmental Protection for funding and no later than November 1. of each contract year. Section 3. Responsibilities. a) Of the Host County. (1) The Host County must have an established and operational hazardous waste collection 1 center and must have a licensed, insured private hazardous waste management company j under contract, hereafter referred to as "Contractor", that will be responsible for collecting f hazardous waste and assuring the delivery of that waste to an approved recycling, storage, 1 treatment, or disposal facility. (2) A Host County shall: l (a) Assign a pro~ct manager to work with the Neighboring County govemment to establish a site in the Neighboring County for mobile hazardous waste collection. • The hazardous waste collection will be free to the Neighboring County households and wilt be offered at a reduced fee to conditionally exempt small quantity generators for the collection and proper management of their waste. I r ( 1 (b) Assist the Neighboring County in publicizing and advertising the Neighboring County's hazardous waste collection days. I (c) Assign the project manager to be on site during the Neighboring County's collection day. (d) Provide the Neighboring County with copies of all paperwork from its Contractor associated with the Neighboring County's collection, including the contractor's final invoice for services and hazardous waste shipping manifest forms. (e) Pay the contractor for the Neighboring County's hazardous waste collection, and all up front costs through invoice purchase orders for the Neighboring County's hazardous waste collection. (f) Invoice and collect from the Neighboring County its share of cost of the hazardous waste collection. (3) The Host County may, upon completion of the Neighboring County's hazardous waste collection, request payment of an additional $10,000 grant for acting as the host local government under a Cooperative Collection Center Arrangement and submit an invoice to the Department for reimbursement of 75% of the actual cost of the Neighboring County's coHection not to exceed the face amount of the grant. DEP Agreement No. S0717, Attachment F, Page 22 of32 Packet Pg. 514  0 b) Of the Neighboring County: A Neighboring County shall: (1) Establish a site for its mobile hazardous waste collection that is acceptable to the Contractor under contract to the Host County. (2) Work with the Host County to choose a mutually convenient date for the collection. (3) Guarantee funding to the Host County for payment of balance of its collection costs. (4) Pay the Host County within thirty (30) working days after receiving an invoice from the Host County. (5) Designate a local project manager to work With the Host County to prepare and distribute public awareness information on proper hazardous waste management and publicize the collection day. This information will be distributed to the local media, schools, agricultural agents, and civic and service organizations. (6) Attend the collection and assist the Host County in overseeing paperwork at the close of the collection. (7) Provide the hazardous waste management company under contract to the Host County the names and addresses of regulated small quantity generators of hazardous waste in its county. (8) Work with the Host County to advertise, promote and organize a "milk-run" collection route service for regulated small quantity generators in order to obtain a reduced fee for proper disposal of their hazardous wastes at a permitted facility. Section 4. Default and Termination. The failure of any party to comply with the provisions of this Agreement shall place that pa~ in default Prior to terminating the Agreement with respect to the defaulting party, the non-defaulting party shatl notify the defaultin~ party and all other parties in writing. Notification shall make specific reference to the provision which gave rise to the default and shall specify a reasonable period of time for the defaulting party to cure the default. In the event said default is not cured within the time provided, this Agreement with respect to the defaulting party may be terminated. The failure of any party to exercise this right shall not be considered a waiver of such ~ht in the event of any further default or non--compliance. ln the event of termination, the defaulting party shall return any unexpended grant funds and shall comply with any requirements the Florida Department of Environmental Protection may impose. Additionally, either party may terminate the Agreement in writing with 90 days notice. Section 5. Modification. This Agreement may be modified at any time by mutual written consent of the parties and by permission of the Florida Department of Environmental Protection, if such is required. Section 6. Indemnification. Subject to the provisions of Section 768.28, F.S. each County agrees to indemnify, save and hold harmless all other party members from any and all liabilities, DEP Agreement No. 80717, Attachment F, Page 23 of32 Packet Pg. 515  0 0 claims or damages of any kind which are or may be imposed for any of its negligent acts or omissions or the negligent aets or commissions of its officers, employees or agents ari$ing out of or pursuant to this Agreement and/or the hazardous waste management programs for which these grant funds are sought. This indemnification shall not result in, or be construed to mean, a waiver of sovereign immunity by either county with respect to claims by third parties. Section 7. Notices. Any notices required by this Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: If to Okaloosa County: Chairman, Okaloosa County Board ·Of County Commissioners 1804 Lewis.Turner Blvd. Fort Walton Beach, FL 32547 rt to liberty County: Chairman, Liberty County Board of County Commissioners P.O. Box399 Bristol, FL 32321 Section 8. Becording. Each County, upon execution of this Agreement will record a copy of this Agreement in its public records and send a copy to the Florida Department of Environmental Protection. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and ar first above written. /./'? BOARD OF COUNTY COMMISSIONERS r ~d)Qi Chairman BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Will& J~otrts%t4 DEP Agreement No. 80717, Attachment F, Page 24 of32 Packet Pg. 516 • l • Q Santa Rosa County °Or/Jq:? INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY AND SANTA ROSA COUNTY FOR THE REQUEST .. i' AND USE OF THE COOPERATIVE COLLECTION CENTER ARRANGEMENT GRANT This lnterlocal Agreem~nt made and entered into this 4th day of October 2005, by and between Okaloosa County, a political subdivision of the State of Flonda, by and through its Board of County Commissioners, hereafter referred to as "Host County", and Santa Rosa County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereafter referred to as "Neighboring County". , WITNESSETH: l WHEREAS, the State of Florida has adopted the 1988 Solid Waste Management Act which prohibits disposal of hazardous waste into municipal and sanitary landfills; and, ,• i WHEREAS, the State of Florida recognizes the need for locaJ govemments to administer r ~ hazardous waste collection to provide opportunities to its citizens for proper hazardous waste f management; and, l WHEREAS, the Host County and Neighboring County have determined that a joint and l ,; cooperative effort is a viable approach to the proper and cost effective management of the ~ Neighboring County's hazardous waste stream; and, WHEREAS, the Host County and Neighboring County have developed a joint grant request, endorsed by both Boards of County Commissioners, and approve the request by lnterlocal Agteement; NOW, THEREFORE. in consideration of the mutual benefits to each other, the Host County and the Neighboring County agree as follows: •• ' !. Section 1. Term. The term of this Agreement shall be in effect from the date set forth above until the Florida Department of Environmental Protection discontinues the appropriation d funding or by mutual consent of either Host or Neighboring County. ,~ Section 2. Mutual Covenants. The Host County and Neighboring County agree to the ' ~ following: a) That the grant request is made jointly on behaff of both counties and is hereby approved by both counties to be submitted to the Florida Department of Environmental Protection by the Host County. b) To faithfully pursue the intent and purpose of the Cooperative Collection Center Arrangement Grant c) To conduct the Neighboring County hazardous waste collection and all associated business in strict accordance with all applicable laws, regulations and grant rules as set forth by the Florida Department of Environmental Protection, and utilize the grant funds solely for the purpose authorized. CONTRAt"T: COOP COU.F.CTION CEN"r•:R CONTlt\CT NO.: ('96--(1219-SWl-16 S.\N"I':\ IU>SA COliNT\" K\PIR.:S: l.:'IDl!:l'L~TJ.: DEP Agreement No. 80717, Attachment F, Page 25 of32 Packet Pg. 517  0 0 d) That the Neighboring County's collection will be held after execution of a contract with the Florida Department of Environmental Protection for funding and no later than November 1, of each contract year. Section 3. Responsibilities. a) Of the Host County. (1) The Host County· must have an established and operational hazardous waste collection center and must have a licensed, insured private hazardous waste management company under contract, hereafter referred to as "Contractor", that will be responsible for collecting hazardous waste and assuring the delivery of that waste to an approved recycling, storage, treatment, or disposal facility. (2) A Host County shall: (a) Assign a project manager to work with the Neighboring County government to establish a site in the Neighboring County for mobile hazardous waste collection. The hazardous waste collection will be free to the Neighboring County households and will be offered at a reduced fee to conditionally exempt small quantity generators for the collection and proper management nf their waste. (b) Assist the Neighboring County in publicizing and adv&rtising the Neighboring County's hazardous waste collection days. (c) Assign the project manager to be on site during the Neighboring County's collection • ~· day. (d) Provide the Neighboring County with copiE:S of all paperwork from its Contractor associated with the Neighboring County's r.ollection, including the contractor's final invoice for services and hazardous waste shipping manifest forms. · (e) Pay the contractor for the Neighboring County's hazardous waste collection, and all up front costs through invoice purchase orders for the Neighboring County's hazardous waste collection. (f) Invoice and collect from the Neighboring County its share of cost of the hazardous waste collection. (3) The Host County may, upon completion of the Neighboring County's hazardous waste collection, request payment of an additional $10,000 grant for acting as the host local govemment under a Cooperative Collection Center Arrangement and submit an invoice to the D~rtment for reimbursement of 75% of the actual cost of the Neighboring County's collection not to exceed the face amount of the grant. b) Of the Neighboring County: A Neighboring County shall: DEP Agreement No. S0717, Attachment F, Page 26 of32 Packet Pg. 518  ... .. . 0 0 ( 1) Establish a site for its mobile hazardous waste collection that is acceptable to the Contractor under contract to the Host County. (2) Work with the Host County to choose a mutually convenient date for the collection. (3) Guarantee funding to the Host County for payment of balance of its collection costs. (4) Pay the Host County within thirty (30) working days after receiving an invoice from the Host County. (5) Designate a local project manager to work with the Host County to prepare and I distribute public awareness information on proper hazardolls waste management i•. and publicize the collection day. This information will be distributed to the local ~ media, schools, agricultural agents, and civic and service organizations. J. .. (6) Attend the collection and assist the Host County in overseeing paperwork at the • close of the collection. ' (7) Provide the hazardous waste management company under contract to the Host County the names e"u"ld addresses of regulated small quantity generators of hazardous waste in its county. (8) Work with the Host County to advertise, promote and organize a "milk-run" collection rqute service for regulated small quantity generators in order to obtain a reduced fea for proper disposal of their hazardous wastes at a permitted facilif'J. Section 4. Default and Terminatjon. The failure of any party to comply with the provisions of this Agreement shall place that party 1:l·,:1efau1t. Prior to terminating the Agreement with respect to the defaulting party, the non-defaultinc party shall notify the defaultin~ party and all other parties in writing. Notification si".all make specific reference to the provision which gave rise to the default and shall specify a reasonable periQd of time for the defaulting party to cure the default In the event said default is not cured within the time provided, this Agreement with respect to the defaulting party may be terminated. The failure of any party to exercise this right shall not be considered a waiver of such right in the event of any further default or non--compliance. In the event of termination, the defaulting party shall return any unexpended grant fUnds and shall comply with any requirements the Florida Department of Environmental Protection may impose. Additionally, either party may terminate the Agreement in writing with 90 days notice. Section 5. Modificatjon. This Agreement may be modified at any time by mutual written consent of the parties and by pennission of the Florida Department of Environmental Protection, if such is required. Section 6. Indemnification. Subject to the provisions of Section 768.28, F.S. each County agrees to indemnify, save and hold harmless all other party members from any and all liabilities, claims or damages of any kind which are or may be imposed for any of its negligent acts or anissions or the negligent acts or commissions of its Officers, employees or agents arising out of or pursuant to this Agreement and/or the hazardous waste management programs for which these DEP Agreement No. S07 l 7, Attachment F, Page 27 of 32 Packet Pg. 519  ... .. . "' 0 It i f grant funds are sought. This indemnification shall not result in, or be construed to mean, a waiver of sovereign immunity by either county with respect to claims by third parties. . Section 7. Notices. Any notices required by this Agreement shall be sufficient if sent by the f parties in the United States mail, postage paid, to the address noted below: ~ f f If to Okaloosa County: . Chairman, Okaloosa County Board of County Commissioners 1250 N. Eglin fSarkway Shalimar, Florida 32579 .. Chairman, Santa Rosa County If to Santa Rosa County: Board of County Commissioners Section 8. Recording. Each County, upon execut;on of this Agreement will record a copy of this Agreement in its public records and send a copy to the Florida Department of Environmental Protection. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST· ~ SANTA ROSA COUNTY, FLORIDA ~. ~-Ohtlf:rk of Court '1........, ~· .;;;.- ~~~~ Chairman BOARD OF COUNlY COMMISSIONERS ATTEST:41;. OKALOOSA COUNTY, FLORIDA j)l_ DEP Agreement No. S07l 7, Attachment F, Page 28 of32 Packet Pg. 520 .. c I I INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY AND WALTON COUNTY FOR THE REQUEST AND USE OF THE COOPERATIVE COLLECTION I tr CENTER ARRANGEMENT GRANT b 4th 0 cto er This lnterlocal Agreement made and entered into this day of ~005, bY. and ts"- between Okaloosa County, a political subdivision of the State of Florida:yanthrough its Board of County Commissioners, hereafter referred to as "Host County" and Walton County, a political subdivision of the State of Florida, by and through its Board of bounty Commissioners, hereafter referred to as "Neighboring County". I WITNESSETH: WHEREAS, the State of Florida has adopted the 1988 Solid Waste Management Act which prohibits disposal of hazardous waste.Into municipal and sanitary landfills; and, WHEREAS, the State Of Florida recognizes the need for local governments to administer hazardous waste collection to provide opportunities to its citizens for proper hazardous waste management; and, t lt WHEREAS; the Host County and Neighboring County have determined that a joint and cooperative effort is a viable approach to the proper and cost effective management of the •'f Neighboring County"s hazardous waste stream; and, t ''· WHEREAS, the Host County and Neighboring County have developed a joint grant request, f endorsed by both Boards of County Commissioners, and approve the request by lntertocal Agreement; NOW, THEREFORE, In consideration of the mutual benefits to each other. the Host County and the Neighboring County agree as follows: Section 1. Term. The term Of this Agreement shall be in effect from the date set forth above until the Florida Department of Environmental Protection discontinues the appropriation of funding I { l or by mutual consent Of either Host or Neighboring County. f • Section 2. Mutual Covenants. The Host County and Neighboring County agree to the following: a) That the grant request is made jointly on behalf of both counties and is hereby approved by both counties to be submitted to the Florida Department of Environmental Protection by the Host County. I ~ b} To faithfully pursue the ;ntent and purpose of the· cooperative Collection Center Arrangement Grant c) To conduct the Neighboring County hazardous waste collection and all associated business in strict accordance with all applicable laws, regulations and grant rules as set forth by the Florida Department of Environmental Protection, and utilize the grant funds solely for the purpose authorized. «O~lR\<:T: t'ENTlm ('OOP (:OU.HllON CONTRV:T :.'40.: t' 1Kr-112l"·SWl-l4 W,\l.'10.'4 c'Ol'NI'\' , f j t-:x1•nu:."': l·'ltWn:'-!1T1o: DEP Agreement No. 80717, Attachment F, Page 29 of32 Packet Pg. 521  0 Q d) That the Neighboring County's collection will be held after execution of a contract with the Florida Department of Environmental Protection for funding and no later than November 1, of each contract year. i Section 3. Resoonsibllities. .1l ~ a) Of the Host County. 't (1) The Host County must have an established and operational hazardous waste collection l center and must have a licensed, insured private hazardous waste management company under contract, hereafter referred to as "Contractor", that Will be responsible for collecting l hazardous waste and assuring the delivery of that waste to an approved recycling, storage, treatment, or disposal facility. 'I'· f . (2) A Host County shall: ! (a) Assign a project manager to work with the Neighboring County government to establish a site in the Neighboring County for mobile hazardous waste collection. The hazardous waste collection will be free to the Neighboring County households and will be offered at a reduced fee to conditionally exempt small quantity generators i f f t for the collection and proper management of their waste. · f (b) Assist the Neighboring County in publicizing and advertising the Neighboring County's hazardous waste collection days. (c) Assign the project manager to be on site during the Neighboring County's coflectlon day. (d) Provide the Neighboring County with copies of all paperwork from its Contractor associated with the Neighboring County's collection, including the contractor's final invoice for services and hazardous waste shipping manifest fi>nns. (e) Pay the contractor for the Neighboring County's hazardous waste colfection, and alf up front costs through Invoice purchase orders for the Neighboring County's hazardous waste collection. (f) Invoice and collect from the Neighboring County its share of cost of the hazardous waste collection. . (3) The Host County may, upon completion of the Neighboring County's hazardous waste collection, request payment of an additionaf $10,000 grant for acting as the host local government under a Cooperative Collection Center Arrangement and submit an invoice to the Department for reimbursement of 75% of the actual cost of the Neighboring County's collection not to exceed the face amount of the grant. b} Of the Neighboring County: A Neighboring County shall: DEP Agreement No. S0717, Attachment F, Page 30 of32 Packet Pg. 522 .. j 0 0 J ! (1) Establish a site for its mobile hazardous waste collection that is acceptable to the Contractor under contract to the Host County. (2) Work with the Host County to choose a mutually convenient date for the collection. (3) (4) Guarantee funding to the Host County for payment of balance of its collection costs. Pay the Host County within thirty (30) working days after receiving an invoice from the Host County. I .If (5) Designate a local project manager to work with the Host County to prepare and ~ distribute public awareness information on proper hazardous waste management I and publicize the collection day. This information will be distributed to the local ' medra, schools, agricultural agents, and civic and service organizations. (6) Attend the collection and assist the Host County in overseeing paperwork at the close of the collection. (7) Provide the hazardous waste management company under contract to the Host County the names and addresses of regulated small quantity generators of •.. hazardous waste in Its county. ~: (8) Work with the Host County to advertise, promote and organize a •milk-run• collection route service for regulated small quantity generators in order to obtain a reduced fee for. proper disposal of their hazardous wastes at a permitted facility. Section 4. Default nd Termination. The failure of any party to comply with the provisions of this Agreement s a ace at pa~ in default. Prior to terminating the Agreement with respect to the defaulting party, e non-defaulting party shall notify the defaultin'1 party and all other parties in writing. Notification shall make specific reference tQ the provision which gave rise to the default and shall specify a reasonable period of time for the defaulting party to cure the default In the event smd default Is not cured within the time provided, this Agreement with respect to the defaulting party may be terminated. The failure of any s>arty to exercise this right shall not be considered a waiver ot such right in the event of any further default or non-oompliance. In the event of termination, the defaulting party shall return any unexpended grant funds and shall comply with any requirements the Florida Department of Environmental Protection may impose. Additionally, either party may term1nate the Agreement in writing with 90 days notice. Section 5. Modification. This Agreement may be modified at any time by mutual written consent of the parties and by pennission of the Florida Department of Environmental Protection, if such is required .. Section 6. Indemnification. Subject to the provisions of Section 768.28, F.S. each County agrees to indemnify, save arid hold harmless all other party members from any and all liabilities, cfaims or damages of any kind which are or may be imPOSed for any of its negligent acts or omissions or the negligent acts or commissions of Its ofticers, employees or agents arising out of or pursuant to this Agreement and/or the hazardous waste management programs for which these grant funds are sought. This indemnification shall not result in, or be construed to mean, a waiver o· DEP Agreement No. S0717, Attachment F, Page 31 of32 Packet Pg. 523  0 0 sovereign immunity by either county with respect to claims by third parties. Section 7. ~_s. Any notices required by this Agreement shall be sufficient if sent by the ; parties in the Uilite(f"States mail, postage paid, to the address noted below: l l ~ If to Okakx>sa County: Chairman, Okaloosa County Board of County Commissioners 1250 N. Eglin Parkway Shalimar; Florida 32579 If to Walton County: Chairman, Watton County Board of County Commissioners Section 8. Recording. Each County, upon execution of this Agreement Will record a copy of this Agreement in i1s public records and send a copy to the Florida Department of Environmental Protection. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS WALTON COUN"TY, FLORIDA am~ BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA DEP Agreement No. 80717, Attachment F, Page 32 of32 Packet Pg. 524  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: Amendment to the Kelly Plantation Outparcel Infrastructure Agreement DEPARTMENT: Public Works BCC DISTRICT: 5 STATEMENT OF ISSUE: Will Dunaway, as agent for Synovus Bank, is requesting an amendment to the Infrastructure Agreement for undeveloped outparcels at Kelly Plantation that was previously approved on November 5, 2013. Due to permitting constraints with the Florida Department of Transportation (FDOT), the request is to remove one of the proposed access points from US 98 to the subject parcels. BACKGROUND: On November 5, 2013 Synovus Bank entered into an Infrastructure Agreement with Okaloosa County that required the development of turn lanes and internal access roads as mitigation for concurrency impacts related to the development of four (4) outparcels at Kelly Plantation. The proposed improvements were reviewed and approved by both the City of Destin and County staff as appropriate for the anticipated impacts. Following approval of the agreement, the engineer and agent for Synovus Bank met with FDOT staff in an effort to obtain permits for the proposed improvements. However, due to the pending expansion to US 98 in the project location, significant conflicts were found that essentially prevented the construction of all five proposed turn lanes from the state right-of-way. As a result it has been determined that removal of the easternmost proposed driveway (which was an access drive to an individual parcel, right in, right out only) has been eliminated. Furthermore, stormwater improvement requirements associated with the two remaining turn lane improvements (all located at access roads that will or do connect US 98 to Commons Drive) added costs that will be borne by the developer. Even with the reduction of the proposed driveway connection, the net cost of improvements proposed to the public is essentially unchanged. Based on the restrictions/requirements placed along the US 98 corridor, it is staff’s opinion that the proposed amendment is equitable and reasonable. The proposed Amended Infrastructure Agreement (attached) has been provided to the City of Destin for their review and approval; a memo stating that there is no objection is included herein. Counsel for the County has also reviewed the amendment and has no objections. OPTIONS: Approve/Deny execution of the Amended Infrastructure Agreement with Synovus Bank as requested by their agent, Will Dunaway. RECOMMENDATIONS: Approve execution of the Amended Infrastructure Agreement with Synovus Bank as requested by their agent, Will Dunaway. Packet Pg. 525 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 526  CLARK PARTINGTON HART LARRY BOND & STACKHOUSE A T T O R N E Y S AT L A W Pensacola • Destin • Tallahassee William J, Dunaway Direct (850) 208-7020 ^Licensed to Practice in wdunaway@cphlaw.com Florida & Mississippi September 12, 2014 VIA FEDEX DELIVERY & E-MAIL - mmartinez@co.okaloosa.fl.us Marissa L. Martinez, Planner I I I Okaloosa County Dept. of Growth Management 1804 Lewis Turner Boulevard, Suite 200 Fort Walton Beach, FL 32547 Re: A m e n d e d T r a f f i c I n f r a s t r u c t u r e A g r e e m e n t - Synovus Bank Dear Ms. Martinez: Please find enclosed the Amended Transportation Infrastructure Agreement ("Amended Agreement") signed by my client, Synovus Bank. Please accept this as my client's formal submission for amended traffic concurrency for its commercial properties (Parcels A l - 2 , 1B-1, 1B-2 & 3B), as more specifically detailed in Composite Exhibit A, attached to the Agreement. Synovus Bank worked closely with Okaloosa County and the City of Destin on the original Traffic Infrastructure Agreement, which was approved and executed by the County on November 5, 2013. Following approval, Synovus Bank coordinated the plan with officials at the Florida Department of Transportation ("FDOT"). Due to the stormwater constraints of this section of Hwy. 98, the FDOT was unable to accommodate the fifth turn lane into Parcel 3B. This resulted in a redesign of the project to eliminate that turn. The Amended Agreement is based on this redesiign. The traffic analysis and revisions were conducted by Mr. Joe P. Poole, P.E. The number of trips did not change and the approximate cost of the traffic improvements remain nearly the same. Approval of this amendment effects only the development of Parcel 3B. Synovus Bank wishes to finalize the enclosed Amended Agreement to ensure development of its four parcels, including Parcel 3B. The County and public will benefit by the traffic safety projects outline in the Amended Agreement. We look forward to working closely with the County as the Amended Agreement is processed for formal County approval. 125 West Romana Street • Suite 800 • Pensacola, Florida 32502 P.O. Box 13010 • Pensacola, Florida 32591-3010 Phone (850) 434-9200 • Fax (850) 432-7340 www.cphlaw.com Packet Pg. 527 Marissa Martinez September 12, 2014 Page 2 If you have any questions, please do not hesitate to contact my office. With kind regards, I remain Sincprelv Yours. WJD/ht cc: (via e-mail only) Matthew Parker, P.E. Joseph Sumner Jason Autrey Enclosures —Amended Traffic Infrastructure Agreement --Composite Ex. A (Legal Description) —Ex. B (Transportation Infrastructure Agreement, dated 1 1 / 0 5 / 2 0 1 3 ) —Ex. C (Original & Amended Traffic Impact Analysis) --Ex. D (Variance) --Ex. E (Site Plans & Roadway Improvements) —Ex. F (City of Destin Approval of Traffic Plan) CLARK PARTINGTON H A R T LARRY BOND & STACKHOUSE Packet Pg. 528 Packet Pg. 529 Packet Pg. 530 Packet Pg. 531 Packet Pg. 532 Packet Pg. 533 Packet Pg. 534 Packet Pg. 535 Packet Pg. 536 Packet Pg. 537 Packet Pg. 538 Packet Pg. 539 Packet Pg. 540 Packet Pg. 541 Packet Pg. 542 Packet Pg. 543 Packet Pg. 544 Packet Pg. 545 Packet Pg. 546 Packet Pg. 547 Packet Pg. 548 Packet Pg. 549 Packet Pg. 550 Packet Pg. 551 Packet Pg. 552 Packet Pg. 553 Packet Pg. 554 Packet Pg. 555 Packet Pg. 556 Packet Pg. 557 Packet Pg. 558 Packet Pg. 559 Packet Pg. 560 Packet Pg. 561 Packet Pg. 562 Packet Pg. 563  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: PW - Amendment to C10-1781-PW DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: The County Attorney recommended the preparation of a document to memorialize Board action taken on August 5, 2014. BACKGROUND: On August 5, 2014 the Board approved Task Order # 5 to prepare bid documents for solid waste collection and disposal services under its contract with Kessler Consulting Inc. At the same time the Board approved extension of the contract until September 30, 2016 to allow sufficient time to complete TO# 5. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Staff requests that the Board authorize the Chairman to execute Amendment# 2 to Contract # C10-1781-PW with Kessler Consulting Inc extending the contract until September 30, 2016. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 564 Packet Pg. 565 Packet Pg. 566 Packet Pg. 567  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: Environmental and Engineering Services for the Design of Foy Shaw Parkway DEPARTMENT: Public Works BCC DISTRICT: 1 STATEMENT OF ISSUE: Request approval to enter into contract with HDR, Inc for two phases of services as it relates to the development of Foy Shaw Parkway. Phase 1 is the development and approval of environmental documents and phase 2 is the development of engineering design and construction documents. BACKGROUND: By way of a Joint Participation agreement between Okaloosa County (specifically the Airports Department) and the Florida Department of Transportation (FDOT), over $10,000,000 has been identified for the development of a new access road from US 90 to Bob Sikes Airport. The first step in the project is to develop all documents necessary to allow for construction of the roadway. On September 2, 2014 the Board of County Commissioners authorized staff to negotiate with HDR, Inc. To perform the services necessary. The proposed scope and fee for both phase of services has been vetted by a neutral third party (as required by the agreement) and the proposed fee is lower than what was determined to be acceptable. Additionally, FDOT has approved the proposal as provided. OPTIONS: Authorize/deny acceptance of the Scope of Services Contract with HDR, Inc. for the development of Foy Shaw Parkway; Phase 1 - Environmental Services at a not to exceed fee of $583,352.62 and Phase 2 - Design Services at a not to exceed fee of $502,552.17. The total not to exceed fee for the project is $1,085,904.79. RECOMMENDATIONS: Authorize acceptance of the Scope of Services Contract with HDR, Inc. for the development of Foy Shaw Parkway; Phase 1 - Environmental Services at a not to exceed fee of $583,352.62 and Phase 2 - Design Services at a not to exceed fee of $502,552.17. The total not to exceed fee for the project is $1,085,904.79. RECOMMENDED BY: Packet Pg. 568 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 569 Packet Pg. 570 Packet Pg. 571  EXHIBIT A1 PHASE I - SCOPE OF SERVICES NEPA ENVIRONMENTAL ASSESSMENT Foy Shaw Industrial Parkway at Bob Sikes Airport Crestview, FL Okaloosa County and the Florida Department of Transportation propose the construction of a new north/south connector roadway between US Highway 90 and John Givens Road, south of the Bob Sikes Airport (CEW) RW in Crestview, Florida. The CONSULTANT shall provide the following specified services for the project as described below. Task 1: Public Involvement Public involvement includes communicating to and receiving input from all interested persons, groups, and government organizations regarding the development of the project. The CONSULTANT shall coordinate and perform the appropriate level of public involvement for this project as outlined in FAA Order 1050.1E CHG 1. 1.1. Public Involvement Data Collection The CONSULTANT will develop and maintain a database of stakeholders and interested parties for the Project. The CONSULTANT will also assist in preparing responses to any public inquiries regarding the Project. 1.2. Advance Notification At the beginning of the project, the CONSULTANT shall prepare the Advance Notification and transmittal letter to submit to the State Clearinghouse. The CONSULTANT shall prepare the Advance Notification letter and fact sheet for distribution to the agencies. This includes verification of the agency mailing list and preparing the Advance Notification for mailing. The CONSULTANT will pay the cost of first class postage. Coordination with FAA will take place to incorporate any FAA-specific items into the Advance Notification as well as any additional mailing list agencies. 1.3. Scheduled Public Meetings The CONSULTANT shall provide all support necessary for the COUNTY and FAA to hold or participate in various public meetings, which may include but not limited to:  Elected Official/ Agency Briefings  Alternatives Public Workshop For any of the above type meetings, the CONSULTANT shall prepare and provide: Packet Pg. 572   Scripts or meeting agendas  Notices to elected and appointed officials, property owners and other interested parties  Pertinent graphics and visual aids  Meeting location, equipment rental, set-up, and tear-down  Legal and/or display advertisements; the CONSULTANT will pay the cost of publishing  Preparation of meeting minutes; a written transcript shall be provided for the EA public hearing 1.4. Unscheduled Public Meetings The CONSULTANT may be required to participate in unscheduled meetings with the public, elected officials, or public agencies. The CONSULTANT will be available to attend the meetings and make presentations to these groups at the request of the COUNTY. The CONSULTANT’S activities will also include note taking, and summarizing the meeting in a memo to the file. It is estimated for this project there will be at least 20 unscheduled meetings during the study. 1.5. Public Hearing The CONSULTANT shall provide all the support services listed in Section 1.3 above, and in addition shall prepare:  Public officials and agency letters. The CONSULTANT will prepare the letters, insert them in envelopes, and address the envelopes. The CONSULTANT will pay for first class postage  Property owner letters. The CONSULTANT will provide marked tax maps of the project alternatives and identify the names and addresses of the property owners from county tax rolls. The CONSULTANT will prepare the letters, insert them in envelopes, and address the envelopes. The CONSULTANT will pay for first class postage.  All elements of the multi-media presentation  Graphics plans, displays and reports for public display  Displays of plans and report(s) for the public display  Color brochures or handouts for public distribution  Legal and /or display advertisements. The CONSULTANT will pay for the cost of publishing. The CONSULTANT will draft public advertisements and provide to the COUNTY for review and approval prior to publication.  Court Reporter. The CONSULTANT shall coordinate, schedule, and pay for court reporter.  Briefing and debriefing of County/FAA staff  Security (off-duty law enforcement) The CONSULTANT shall coordinate, schedule, and pay for security. The CONSULTANT will procure a verbatim transcript of the Public Hearing. The CONSULTANT will combine the transcript with any letters received by the COUNTY as part of the public hearing record, and affidavits of publication of legal ads, and will provide copies of the transcript for the COUNTY/FAA’s use. The CONSULTANT will also prepare a Public Hearing Summary. 1.6. Special Public Involvement Requirements Packet Pg. 573  The CONSULTANT shall prepare two editions of a multicolor newsletter. Each newsletter distribution is estimated at 200 copies. Distribution shall be through the project mailing list and paid for by the CONSULTANT. Periodic updates will be necessary to keep Okaloosa-Walton Transportation Planning Organization (FL-AL TPO), and the Northwest Florida Regional Transportation Organization (NW FL Regional TPO) informed on the progress of the study. A total of three (3) updates should be expected in addition to the meetings listed under Section 1.4. 1.7. Quality Control The CONSULTANT shall be responsible for insuring that all work products conform to appropriate standards and criteria. This shall be accomplished through an internal Quality Control (QC) process preformed by the CONSULTANT. This QC process shall insure that quality is achieved through checking, reviewing, and surveillance of work activities by objective and qualified individuals who not directly responsible for performing the initial work. Prior to submittal of the first invoice, the CONSULTANT shall submit to the COUNTY’S project manager for approval the proposed method or process of providing Quality Control for all work products. The Quality Control Plan shall identify the products to be reviewed, the personnel who performs the reviews, and the method of documentation. Task 2: Environmental The project involves the construction of a new connector road on properties owned by Okaloosa County. This action requires an assessment of environmental impacts in accordance with the National Environmental Policy Act (NEPA), as described in 40 CFR Parts 1500 - 1508 and FAA Order 1050.1E CHG 1, paragraph 401(g), Policies and Procedures for Considering Environmental Impacts. This Scope of Services describes the work to be performed and the deliverables to be furnished by the CONSULTANT. Data Collection/Analysis Objective: Collect data in the following categories, as needed, to support the preparation of an environmental assessment (EA). A site visit will be required. Product: Data and analysis for inclusion in the EA. Each of the following items as well as their direct, indirect and cumulative effects and their significance will be addressed as part of the documentation. 2.1. Compatible Land Use The CONSULTANT shall evaluate the proposed action’s impact on existing and planned land uses in the vicinity of the project. (FAA Order 1050.1E, CHG 1, Appendix A, section 4) 2.2. Socioeconomic Impacts, Environmental Justice and Environmental Health and Safety Risks The potential for social impacts including changes to transportation, housing, and economic development; as well as environmental justice, and children’s environmental health and safety risks will be evaluated and discussed. (FAA Order 1050.1E, Appendix A, section 16) Packet Pg. 574 2.3. Light Emissions and Visual Impacts The CONSULTANT shall evaluate the impacts from the proposed action to light and visual quality in the vicinity shall be evaluated and discussed. (FAA Order 1050.1E, Appendix A, section 12) 2.4. Relocation The CONSULTANT shall collect the data and perform the analysis necessary to conform to the Uniform Relocation Assistance and Real Property Acquisition Policies Act. 2.5. Historical, Architectural, Archaeological, and Cultural Resources The CONSULTANT shall implement a Cultural Resources study to completely analyze the impacts to all cultural resources by all proposed alternatives, including all viable ponds. All work shall be conducted by a professional qualified under the provisions of 36 CFR 61, and be done in compliance with the National Historic Preservation Act of 1966 (Public Law 89-665, as amended) and the implementing regulations (36 CFR 800) as well as with the provisions contained in Chapter 267, Florida Statutes. This task includes identifying and analyzing impacts to archaeological sites and historic resources within the project Area of Potential Effects (APE), including documentation and coordination with appropriate agencies. (FAA Order 1050.1E, Appendix A, section 11) 2.6. Department of Transportation Act Section 4(f) The CONSULTANT shall identify and evaluate the potential for impacts to Section 4(f) resources in the vicinity of the proposed action. (FAA Order 1050.1E, CHG 1, Appendix A, section 6) 2.7. Wetlands The CONSULTANT shall evaluate and discuss the potential for impacts to wetlands adjacent to the proposed action. If wetlands are identified at the site, wetlands delineation will be conducted and wetlands assessed per FAA Order 1050.1E, Appendix A, Section 18. Task also includes preparation of a mitigation plan should mitigation be required. 2.8. Water Quality The CONSULTANT shall evaluate and discuss the potential for impacts to water quality adjacent to the proposed action. (FAA Order 1050.1E, Appendix A, section 17) 2.9. Special Designations The CONSULTANT shall assess the impacts of the proposed action on outstanding Florida waters, wild and scenic rivers, aquatic preserves and coastal resources, as governed by the Coastal Barriers Resources Act, the Coastal Zone Management Act and E.O. 13089 – Coral Reef Protection. (FAA Order 1050.1E, CHG 1, Appendix A, sections 3 and 19) 2.10. Fish, Wildlife, and Plants Packet Pg. 575  The CONSULTANT shall evaluate the potential impact the proposed action would have on fish, wildlife, and plants in the vicinity, in accordance with the Endangered Species Act of 1973, the Sikes Act Amendments of 1974, Executive Order 13112 – Invasive Species, the Fish and Wildlife Coordination Act of 1958, and the Fish and Wildlife Conservation Act of 1980. (FAA Order 1050.1E, CHG 1, Appendix A, section 8) 2.11. Farmlands The CONSULTANT shall evaluate the potential impact the proposed action would have on farmlands in the vicinity, in accordance with the Farmland Protection Policy Act and the Food Security Act of 1985. (FAA Order 1050.1E, CHG 1, Appendix A, section 7 for guidance on FAA analysis of Farmlands Impacts) 2.12. Noise The CONSULTANT shall evaluate the proposed action in comparison with the extent of the airport noise impacts, to be directly correlated with compatible land use in the vicinity. (FAA Order 1050.1E, Appendix A, section 14) 2.13. Air Quality The CONSULTANT shall assess proposed action’s impact on air quality by evaluating the impact of the action on the National Ambient Air Quality Standards (NAAQS) in accordance with the Clean Air Act and the National Environmental Policy Act. An evaluation and discussion of all required permits (i.e., for any emissions from the construction and operation of the facility) should also be included. (FAA Order 1050.1E, CHG 1, Appendix A, section 2) 2.14. Construction Impacts The CONSULTANT shall describe the type and nature of the construction activities associated with the proposed action and measures to be taken to minimize potential adverse effects. (FAA Order 1050.1E, CHG 1, Appendix A, section 5) 2.15. Hazardous Materials and Solid Waste The CONSULTANT shall evaluate the potential impact the proposed action would have on hazardous materials and solid waste generation, disturbance, etc., in accordance with CERCLA, the Pollution Prevention Act of 1990, TSCA, and RCRA. (FAA Order 1050.1E, CHG 1, Appendix A, section 10) Prepare Draft EA for Agency Review Objective: Prepare a Draft EA for review by the regulatory agencies and the public. Submit the Draft EA to the public and agencies for review in accordance with CEQ regulations. Product: Draft EA document and CD copies or hard copies for Agency and Public Review, when requested. Responses and agency comment letters will be produced and collected by the CONSULTANT for inclusion into the final document. 2.16. Prepare Draft EA Packet Pg. 576  The CONSULTANT shall prepare a Draft EA for review by the stakeholder applicable agencies as determined by the FAA and the CONSULTANT. The Draft EA shall be prepared in general accordance with the following outline as specified in FAA Order 1050.1E, paragraph 405: Cover Sheet Executive Summary Section 1: Proposed Action Section 2: Purpose and Need for the Project Section 3: Alternatives (including Proposed Action) Section 4: Affected Environment Section 5: Environmental Consequences, including Direct, Indirect, and Cumulative Effects Section 6: Mitigation (if any) Section 7: List of Preparers and Qualifications Section 8: List of Agencies and Persons Consulted Appendices 2.17. Agency Coordination and Public Review of Draft EA The CONSULTANT, under direction of the FAA, will distribute the Draft EA to the public and the agencies with a request to respond within 30 days. Review copies will be made available by the CONSULTANT to Okaloosa County and the local public libraries at a minimum. In addition, a Public Notice will be posted by the CONSULTANT in local newspapers requesting public input and informing the public of copy availability. Prepare Final Draft EA and Finding of No Significant Impact (if appropriate) Objective: Preparation of Final Draft EA including compiling of agency comments and addressing any issues raised as a result of agency reviews or public input. The EA will be submitted to the FAA for review and issuance of a FONSI (if appropriate). Product: The Final EA/FONSI (if appropriate) will be prepared by the Consultant for FAA review. Once the Final EA/FONSI is approved by the FAA, up to 10 hard copies and 2 disk copies of the EA and FONSI shall be produced for distribution to the FAA and key interested parties. 2.18. Prepare Final EA and FONSI Additional information may be added as a result of agency reviews and/or public input. The CONSULTANT will provide documentation in the Appendix that such reviews have occurred and include the appropriate documentation in the Final Draft EA and FONSI (if appropriate). 2.19. Submit EA to FAA for Final Review Packet Pg. 577  The FAA will receive a complete copy of the Final EA and will review the document for completeness and content. 2.20. Publish Final EA/FONSI The CONSULTANT will publish the Final EA/FONSI (if appropriate) in local newspapers for final public informational review period (10 days). Task 3: Engineering Analysis and Reports The CONSULTANT shall coordinate and perform the appropriate level of engineering analysis required to meet the project’s purpose and need, address agency concerns and the project’s impacts. Data Collection for the Engineering Analysis and Reports Objective: This activity consists of collecting various information and materials relative to the performance of engineering analyzes within the study area. The information will include all data necessary to perform adequate evaluation of the location and design of the transportation facility. Product: Data and analysis for engineering analysis. Each of the following items will be collected and their significance will be addressed as part of the documentation. 3.1 Traffic Data The CONSULTANT shall coordinate with the COUNTY and FDOT to obtain the following initial traffic data: • 20 year Design Corridor System Traffic with K & D Factors. • Volume of trucks (medium and heavy), motorcycles and buses for existing, opening, interim years and design year. • LOS "C" traffic volumes at anticipated posted speed if Level of Service D, E or F is anticipated during the life of the project (for noise study) After consultation with COUNTY and FDOT, the CONSULTANT is to obtain current corridor traffic counts. The CONSULTANT will analyze the traffic projections provided initially by the FDOT, and report to the Project Manager concerning apparent inconsistencies. The CONSULTANT will provide the Project Manager with support and advice in procuring acceptable revised Traffic Projections. The CONSULTANT will furnish 24-hour traffic machine counts (approach volumes at 15- minute increments) where required. Based on an analysis of the 24-hour traffic machine counts and evaluation of current and future development trends (traffic generators), the CONSULTANT will then perform 8- hour manual vehicle turning movement counts (during the AM and PM peaks based on 24-hour counts) at those intersections where required. 3.2 Survey Data (As Required) Packet Pg. 578  The CONSULTANT will utilize existing survey information (LiDAR, aerials, etc.), but if additional information is required the CONSULTANT will locate above ground features and improvements for the limits of the project by collecting the required data for the purpose of creating a DTM with sufficient density. Shoot break lines, high and low points. Effort includes field edits, analysis and processing of field collected data, existing maps, and/or reports. 3.3 Utility Data The CONSULTANT shall identify utility facilities found within a proposed project corridor (all viable alternates under consideration). The CONSULTANT shall evaluate and consider potential utility conflicts and recommended mitigations in addressing roadway impacts on utilities. Design Analysis Utilizing the data collected as part of this Scope of Services, the CONSULTANT shall perform the engineering analysis necessary to complete the project development process. The task of engineering analysis will be ongoing throughout the duration of the project and will be performed with consideration to the results of the environmental impacts analysis. The following items will be analyzed and will be addressed as part of the documentation. 3.4 Corridor Analysis The CONSULTANT shall document that the proposed corridor is the only feasible corridor for the project, and that other corridors were not considered. 3.5 Traffic Analysis The CONSULTANT will prepare a Design Traffic Technical Memorandum. This memorandum will document the methodology used in developing the traffic demand and multi-modal splits, if applicable. The memorandum shall also identify the design traffic volumes for each alternative, which may include combinations with other modes of transportation. After COUNTY approval of the Design Traffic Technical Memorandum, those traffic projections will be used during the study of conceptual design alternatives and for the analysis of any impacts which depend on traffic inputs (i.e. noise impacts and air quality assessments). 3.6 Alternative Analysis The CONSULTANT will identify up to three alternatives for evaluation. For each Design Alternative, the CONSULTANT shall determine:  Horizontal and vertical alignment  Typical section  Preliminary right-of-way costs  Preliminary drainage to the extent of identifying required outfalls  Traffic data  Geometric concepts of intersections, access to recreational areas, and adjacent property  Existing and proposed utility location to the extent they affect the decision process  Soils data Packet Pg. 579   Extent of improvement to all connecting and/or intersecting roads  Acreage involved  Preliminary structure concepts and locations  Location of detention/retention basins as may be required  Locations of noise barriers  Affect on established neighborhoods  Environmental Impacts  Other such design features as may be pertinent  Affect on protected species 3.7 Drainage and Floodplain Analysis The CONSULTANT shall perform preliminary drainage design in order to determine potential outfall locations and preliminary sizes (volume and area) of required detention and/or retention facilities for storm water treatment or attenuation. The location and size of potential detention/retention areas will be determined for all viable alternate alignments. The CONSULTANT shall prepare a “Pond Sitting Report” for the project in accordance to the FDOT’s Stormwater Facilities Handbook. The CONSULTANT shall prepare a Location Hydraulics Report (LHR) for the project in accordance with Part 2, Chapter 24 of the FDOT PD&E Manual. 3.8 Structures Analysis The CONSULTANT will evaluate conceptual structures vertical and horizontal alignments. This task will be further defined in coordination with the COUNTY. 3.9 Utilities Analysis Based on the coordination with the utility companies along the project the CONSULTANT shall prepare a Utility Assessment Package. The Utility Assessment Package will contain the following information:  The names of major utility companies within the project corridor,  A set of aerials denoting the location of major existing and proposed utilities along the project corridor,  A description of all utilities located along the corridor (as set out above),  A cost estimate furnished by the utility agencies for each alternative being considered,  A discussion of joint right-of-way acquisition, if appropriate, and  A discussion of any mitigative recommendations which could be taken by the COUNTY and utility companies to minimize community disruption. 3.10 Construction Cost Estimates The CONSULTANT shall develop construction cost estimates for each design alternative. The cost estimate is to be developed using the FDOT’s Long Range Estimating (LRE) program. Comparative Analysis of Alternatives Packet Pg. 580 The COUNTY will determine which viable alternative(s) to further evaluate through the public involvement process and environmental analysis. The following items as well as their direct, indirect and cumulative effects and their significance will be addressed as part of the documentation. 3.11 Comparative Analysis and Evaluation Matrix After developing the viable alternatives and costs, the CONSULTANT will prepare a matrix comparing the impacts and costs of the alternatives evaluated, with a recommendation of the most viable alternative(s). The CONSULTANT shall present their recommendations to the COUNTY for consideration. These recommendations will be presented in the form of a Preliminary Engineering Report (PER). 3.12 Aviation Analysis and Evaluation The CONSULTANT shall review each design alternative to evaluate if the alternative is in general conformance with the approved Airport Layout Plan (ALP) for Bob Sikes Airport (CEW) and the Federal Aviation Authority (FAA) Advisory Circular (AC) 150/5300-13A Airport Design. CONSULTANT will provide a summary report for each alternative which highlights any potential impacts to the existing RW 17-35 threshold or Runway Protection Zone (RPZ). CONSULTANT will attend meetings as required with representatives from CEW and FAA to discuss potential impacts. 3.13 Selection of Preferred Alternative The CONSULTANT shall recommend a preferred alternative(s) based on a review and analysis of all engineering, environmental, and public involvement issues related to the project. 3.14 Conceptual Design Plans The CONSULTANT will prepare alternative concept plans. At a minimum, the concept plans should include the proposed and existing right-of-way lines, proposed concepts for roadway and intersection improvements, potential ponds and surrounding topography. Major intersections shall be analyzed to assess capacity needs and land arrangements and to identify right-of-way requirements. Once a preferred alternative has been selected, the CONSULTANT will finalize concept plans for the preferred alternative that include refinements from the public hearing. Task 4: Miscellaneous Services 4.1. Contract and Project Files Project Management efforts for complete setup and maintenance, developing monthly progress reports, schedule updates, work effort to develop and execute sub-consultant agreements etc. Progress reports shall be delivered to the COUNTY in a format as prescribed by the COUNTY and no less than 14 days prior to submission of the corresponding invoice. Judgment on whether work of sufficient quality and quantity has been accomplished will be made by the Project Manager by comparing the reported percent complete against actual work accomplished. Within ten (10) days after the Notice to Proceed, the CONSULTANT shall provide a schedule of calendar deadlines accompanied by an anticipated payout curve. Said Packet Pg. 581  schedule and anticipated payout curve shall be prepared in a format prescribed by the COUNTY. 4.2. Project Management Meetings And Coordination The CONSULTANT shall meet with the COUNTY as needed throughout the life of the project. It is anticipated six (6) meetings will be needed. These meetings will include progress and miscellaneous review and other coordination activities with the COUNTY. 4.3. Additional Services Design Services – See Exhibit A2 Packet Pg. 582  EXHIBIT A2 PHASE II - SCOPE OF SERVICES CONSULTING ENGINEERING SERVICES HIGHWAY DESIGN Foy Shaw Industrial Parkway at Bob Sikes Airport Crestview, FL Okaloosa County and the Florida Department of Transportation propose the construction of a new north/south connector roadway between US Highway 90 and John Givens Road to the west, south of the Bob Sikes Airport (CEW) RW in Crestview, Florida. This Exhibit forms an integral part of the agreement between Okaloosa County (hereinafter referred to as the COUNTY) and HDR Engineering (hereinafter referred to as the CONSULTANT) relative to the proposed transportation facility. 1 PURPOSE The purpose of this Exhibit is to describe the scope of work and the responsibilities of the CONSULTANT and the COUNTY in connection with the design and preparation of a complete set of construction contract plans and special provisions, if necessary, for: The construction of the Foy Shaw Industrial Parkway connector roadway between US Highway 90 and John Givens Road to the west, south of the Bob Sikes Airport (CEW) RW in Crestview, Florida. Known alternative construction contracting methods include: The general objective is for the CONSULTANT to prepare a set of plans to be used by the contractor to build the project, and by the COUNTY to ensure the project is built as designed and to specifications. Elements of work shall include preliminary planning, NEPA studies, roadways, geotechnical activities, surveys, drainage, signing and pavement markings, utility relocation, maintenance of traffic, cost estimates, environmental permits, quantity computation book, and necessary incidental items for a complete project. The Scope of Services establishes which items of work described in the FDOT Plans Preparation Manual and other pertinent manuals to accomplish the work are specifically included in this contract, and also which of the items of work will be the responsibility of the CONSULTANT or the COUNTY. Packet Pg. 583  Plans and design documents are to be prepared with Standard English values in accordance with applicable COUNTY/FDOT manuals and guidelines. The CONSULTANT shall be aware that as a project is developed, certain modifications and/or improvements to the original recommendation may be required. The CONSULTANT is to incorporate these refinements into the design and will consider this effort to be an anticipated and integral part of the work. This will not be a basis for any supplemental fee request(s). The CONSULTANT shall demonstrate good project management practices while working on this project. These include communication with the COUNTY and others as necessary, management of time and resources, and documentation. The CONSULTANT shall set up and maintain throughout the design of the project a contract file in accordance with COUNTY procedures. It shall be the CONSULTANT’s responsibility to utilize the very best engineering judgment, practices, and principles possible during the prosecution of the work commissioned under this contract. The COUNTY will provide contract administration, management services, and technical reviews of work associated with the development and preparation of the contract plans. The COUNTY will provide job-specific information and/or functions as outlined in this contract. 2 PROJECT DESCRIPTION From the Phase I – NEPA Environmental Assessment, the CONSULTANT shall use the approved concepts as a basis for the design unless otherwise directed by the COUNTY. This project primarily consists of the construction a new 2-lane roadway (Foy Shaw Industrial Parkway) from US Highway 90 to John Givens Road to the west and Fairchild Road to the east, south of the Bob Sikes Airport. The new roadway typical section will consist of a rural typical section with 1-12’ travel lanes and 8’ shoulders (5’ paved), separated by a 22’ grassed median. The post speed limit on Foy Shaw Industrial Parkway will be 35 mph. The CONSULTANT shall determine the appropriate Design Speed required for the facility. Necessary Geotechnical efforts will be provided by the CONSULTANT. This project will be let to construction as a Conventional Bid Item project. The CONSULTANT shall incorporate the following into the design of this facility: 2.1 Roadway (Activities 3.0, 4.0, and 5.0) Packet Pg. 584  Public Involvement: This item will be handled under the Phase I – NEPA Environmental Assessment portion of the scope of work. Plan Type: The CONSULTANT shall provide roadway plans and any other plan type required for this project. This will also include miscellaneous details to construct this project. Limits: Foy Shaw Industrial Parkway from US Highway 90 to John Givens Road. Typical Section: The new roadway typical section will consist of a rural typical section with 1-12’ travel lanes and 8’ shoulders (5’ paved), separated by a 22’ grassed median. Pavement Design: The CONSULTANT will be responsible for providing the pavement design. Only one pavement design is anticipated. Access Management Classification: This project has a FDOT Access Management Classification of 3. Level of TCP Plans: The CONSULTANT shall provide a FDOT TCP Level I. Traffic Control Plans (TCP) will be required for this project. The FDOT Design Standards, 600 series, should be utilized for work being performed on or adjacent to existing roadways. A reduction in the number of lanes may require that a lane closure analysis be performed by the CONSULTANT 2.2 Drainage (Activity 6.0) Expected systems include cross drains, roadway ditches, outfalls and stormwater management facilities where feasible. The CONSULTANT shall identify and study alternative pond sites for each basin. The alternative pond sites shall be within the right-of-way footprint that was studied in the Phase I – NEPA Environmental Assessment. The CONSULTANT shall identify and evaluation the need for proposed cross drains. 2.3 Utilities Coordination (Activity 7.0) The CONSULTANT will be responsible for utility coordination associated with this project. The CONSULTANT will identify utilities in the corridor during the survey phase by calling Sunshine State One-Call of Florida (SSOCOF) and shall coordinate with each company to verify that existing utilities are designated in the field prior to completing the topographic survey. The CONSULTANT will be responsible for showing areas that may be affected by construction. The CONSULTANT will evaluate utilities for potential impacts and prepare a Packet Pg. 585  Utility Conflict Matrix. The Consultant is to review the Utility Work Schedules and assure that they are compatible with the plans. Based on preliminary investigations, the following companies have utilities within the vicinity of the project:  Auburn Water System  Century Link  Cox Communications  City of Crestview  Gulf Power  Okaloosa Gas  Okaloosa Water and Sewer  AT&T  Fairpoint Communications  Level 3 Communications  Southern Light 2.4 Permits (Activity 8.0) The CONSULTANT shall coordinate with appropriate agencies for necessary permits, including, but not limited to, Northwest Florida Water Management District, Department of Environmental Protection, United States Fish and Wildlife, Florida Fish and Wildlife, and US Army Corps of Engineers. The CONSULTANT shall be responsible for the identification, coordination and applications for permits necessary to construct this project. Application and processing fees associated with said permit(s) and activities shall be paid for by the CONSULTANT. The COUNTY will direct use of mitigation site or Florida Statutes. 2.5 Structures (Activities 9.0-18.0) Not applicable to this project) 2.6 Signing and Pavement Markings (Activity 19.0 & 20.0) The CONSULTANT shall be responsible for the design, details, and quantities associated with signing and pavement markings for this project. The CONSULTANT shall evaluate signage and way finding in order to Packet Pg. 586  effectively direct vehicular traffic from I-10 and SR 85 to Foy Shaw Industrial Parkway. 2.7 Signals (Not applicable to this project) 2.8 Lighting (Not applicable to this project) 2.9 Landscape Architecture (Not applicable to this project) 2.10 Survey (Activity 27.0) Design Survey: The CONSULTANT will provide the Primary and Secondary Horizontal and Vertical control along with other design survey requirements in accordance with Section 27.0 of this document. Subsurface Utility: The CONSULTANT will provide any subsurface utility excavations that are required for the project. Right of Way Survey: The CONSULTANT will be responsible for the Right-of- Way Survey. 2.11 Photogrammetry (Not applicable to this project) 2.12 Mapping (Activity 29.0) (Optional Service) Control Survey Map: The CONSULTANT will be responsible for the Control Survey Map, if required. Right-of-Way Map: The CONSULTANT will be responsible for the Right-of- Way Map, if required. 2.13 Geotechnical (Activity 30.0) The CONSULTANT will be responsible for the Pavement Design. The CONSULTANT shall be responsible for necessary geotechnical activities associated with this project. The Consultant will collect appropriate samples for Limerock Bearing Ratio (LBR) testing. The Consultant will collect appropriate samples for Resilient Modulus (MR) Testing. 2.14 Architecture (Not applicable to this project) 2.15 Noise Barriers (Not applicable to this project) 2.16 Intelligent Transportation Systems (Not applicable to this project) Packet Pg. 587 2.17 Project Schedule Within ten (10) days after the Notice-To-Proceed, and prior to the CONSULTANT beginning work, the CONSULTANT shall provide a detailed project activity/event schedule for COUNTY and CONSULTANT scheduled activities required to meet the current COUNTY Production Date. The schedule shall be based upon the durations and schedule negotiated during the project staff hour negotiations process. The schedule shall be accompanied by an anticipated payout and fiscal progress curve. For the purpose of scheduling, the CONSULTANT shall allow for a two (2) week review time for each phase review and other submittals as appropriate. The schedule shall indicate required submittals. Fees and price proposals are to be based on the negotiated schedule of 10 months for final plans production. However, the contract deadline is 48 months from the Notice to Proceed. 2.18 Submittals Microstation will be used for design and drafting of this project. AutoCAD files can be delivered to the COUNTY at the completion of the project upon request. Plans will be prepared on 11X17 plan sheets. The anticipated printing and submittal requirements for the project include the listed items below; however, this list of items may not be all inclusive on project needs. This summation of submittal components will be used for estimating purposes. The DEPARTMENT's Design Project Manager will determine the specific number of phase review submittals and submittal requirements for each project. PHASE II SUBMITTAL: The CONSULTANT shall submit to the COUNTY's Project Manager for distribution:  two (2) copies of the Phase Submittal CD/DVD,  three (3) hard copies of the Plans,  three (3) hard copes of any Design Reports (Roadway, Drainage and Geotech) The Phase Submittal CD/DVD shall include *.PDF files of the components listed above. PHASE III SUBMITTAL: Packet Pg. 588  The CONSULTANT shall submit to the COUNTY's Project Manager for distribution:  two (2) copies of the Phase Submittal CD/DVD,  three (3) hard copies of the Plans,  three (3) hard copies of the Computation Book,  three (3) hard copies of the Construction Cost Estimate,  three (3) hard copes of any Design Reports Roadway, Drainage and Geotech),  two (2) hard copies of the CONSULTANT's Contract Time Estimate,  one (1) hard copy of Phase II Submittal Comment Responses The Phase Submittal CD/DVD shall include *.PDF files of the components listed above. FINAL SUBMITTAL: The CONSULTANT shall submit to the COUNTY's Project Manager for distribution:  two (2) copies of the Phase Submittal CD/DVD,  three (3) hard copies of the Plans,  three (3) hard copies of the Computation Book,  three (3) hard copies of the Construction Cost Estimate,  three (3) hard copes of any Design Reports Roadway, Drainage and Geotech),  one (1) hard copy of Phase III Submittal Comment Responses,  one (1) hard copy of COUNTY Bid Documentation and Specification Package The Phase Submittal CD/DVD shall include *.PDF files of the components listed above. 2.19 Provisions for Work Maps, plans and designs are to be prepared with English values in accordance with applicable current COUNTY manuals, memorandums, guidelines including but not limited to:. Packet Pg. 589 General o 29 CFR, Part 1910.1101 – Asbestos Standard for Industry, U.S. Occupational Safety and Health Administration (OSHA) o 29 CFR, Part 1926, 1101 – Asbestos Standard for Construction, OSHA o 40 CFR, Part 61, Subpart M - National Emission Standard for Hazardous Air Pollutants (NESHAP), Environmental Protection Agency (EPA) o 40 CFR, Part 763, Subpart E – Asbestos-Containing Materials in Schools, EPA o 40 CFR, Part 763, Subpart G – Asbestos Worker Protection, EPA o Americans with Disabilities Act Accessibility Guidelines (ADAAG) o Any special instructions from the COUNTY o Bicycle Facilities Planning and Design Manual, o CADD Manual o CADD Production Criteria Handbook o Ch. 469, F.S. – Asbestos Abatement, Florida COUNTY of Business and Professional Regulation (DBPR) o Ch. 62257, F.A.C. – Asbestos Program, Florida COUNTY of Environmental Protection (DEP) o Code of Federal Regulations o Design Traffic Procedure o Equivalent Single Axle Load Guidelines o Florida Administrative Codes o Florida Department of Business & Professional Regulations Rules o Florida Department of Environmental Protection Rules o Florida Department of Transportation Basis of Estimates Manual o Florida Department of Transportation Design Standards for Design, Construction, Maintenance, and Utility Operations on the State Highway System o Florida Department of Transportation Instructions for Structures Related Design Standards o Florida Department of Transportation Handbook for Preparation of Specifications Package o Florida Department of Transportation Materials Manual o Florida Department of Transportation Plans Preparation Manual o Florida Department of Transportation Project Development and Environmental Manual o Florida Department of Transportation Standard Specifications for Road and Bridge Construction o Florida Statutes o Florida’s Level of Service Standards and Guidelines Manual for Planning o K-Factor Estimation Process o Manual of Uniform Minimum Standards for Design, Construction, and Maintenance for Streets and Highways Packet Pg. 590  o Model Guide Specifications – Asbestos Abatement and Management in Buildings, National Institute for Building Sciences (NIBS) o Policy for Geometric Design of Highways and Streets o Project Traffic Forecasting Guidelines o Quality Assurance Guidelines o Rule 61G17-6, F.A.C., Minimum Technical Standards for Professional Surveyors and Mappers o Safety Standards o Utility Accommodations Guidelines Permits o Chapter 373, F.S. o Bridge Permit Application Guide, COMDT PUB P16591.3B o Building Permit o 425-000-005 Asbestos Management Program o 625-020-020 Asbestos on Bridges Drainage o Cross Drain o Drainage Handbooks o Drainage Manual o Erosion and Sediment Control o Hydrology o Optional Pipe Materials o Storm Drain o Stormwater Management Facility o Temporary Drainage Handbook Survey and Mapping o Applicable Florida Statutes and Administrative Codes o Applicable Rules, Guidelines Codes and authorities of other Municipal, County, State and Federal Agencies. o FDOT Aerial Surveying Standards for Transportation Projects Topic 550-020-002 o FDOT Right of Way Mapping Handbook o FDOT Surveying Procedure Topic 550-030-101 o Florida Department of Transportation Right of Way Procedures Manual o Florida Department of Transportation Surveying Handbook o Right of Way Mapping Procedure 550-030-015 Traffic Operation Manuals o AASHTO - An Information Guide for Highway Lighting Packet Pg. 591  o AASHTO - Guide for Development of Bicycle Facilities o American Disabilities Act o Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) o Federal Highway Administration Standard Highway Signs Manual o FHWA - Roundabouts: An Informational Guide o Florida Department of Transportation - Florida Roundabout Guide o Florida Department of Transportation Manual on Uniform Traffic Studies (MUTS) o Florida Department of Transportation Median Handbook o Florida Department of Transportation Traffic Engineering Manual o Minimum Specifications for Traffic Control Signal Devices o National Electric Safety Code o National Electrical Code Geotechnical o FHWA Checklist and Guidelines for Review of Geotechnical Reports and Preliminary Specifications o Manual of Florida Sampling and Testing Methods o Soils and Foundation Handbook These documents are revised periodically by the responsible agencies and adopted by authorities having jurisdiction on building projects. The design consultant and the project manager are advised to obtain applicable versions of these documents from the responsible agency prior to use. o American Concrete Institute o American Institute of Architects - Architect’s Handbook of Professional Practice o American Society for Testing and Materials - ASTM Standards o Brick Institute of America o DMS - Standards for Design of State Facilities o Florida Building Code o Florida Concrete Products Association o Florida Department of Transportation - ADA/Accessibility Procedure o Florida Department of Transportation - Asbestos Management Program Procedure o Florida Department of Transportation - Building Code Compliance Procedure o Florida Department of Transportation – Design Build Procurement and Administration o Florida Department of Transportation - Standard Specifications for Road and Bridge Construction o Florida Department of Transportation - Structures Manual o Florida Department of Transportation - Design Standards Packet Pg. 592  o National Concrete Masonry Association o National Electrical Code (current edition) o National Fire Protection Association - Life Safety Code (current edition) o Portland Cement Association - Concrete Masonry Handbook 2.20 Services to be Performed by the COUNTY o When appropriate the COUNTY will provide project data currently on file. o Provide numbers for field books. o Regarding Environmental Permitting Services:  Approve contacts with environmental agencies.  Provide general philosophies and guidelines of the COUNTY to be used in the fulfillment of this contract. Objectives, constraints, budgetary limitations, and time constraints will be completely defined by the Project Manager.  Provide the appropriate signatures on application forms. o Provide letters of authorization designating the CONSULTANT as an agent of the COUNTY in accordance with F.S. 327.274. o Provide phase reviews of plans and engineering documents. o Provide access for the CONSULTANT to utilize the COUNTY’s Information Technology Resources. o Furnish COUNTY agreements with Utility Agency Owner (UAO). o Furnish certifications necessary for project letting. o Provide information that may come to the COUNTY pertaining to future improvements. 3 PROJECT COMMON and PROJECT GENERAL TASKS Project Common Tasks Project Common Tasks, as listed below, are work efforts that are applicable to many project activities, 4.0 Roadway Analysis through 32.0 Noise Impact Design Assessment. These tasks are to be included in the project scope in each applicable activity when the described work is to be performed by the CONSULTANT. Cost Estimates: The CONSULTANT shall be responsible for producing a construction cost estimate and reviewing and updating the cost estimate when scope changes occur and/or at milestones of the project. A Summary of Pay Items sheet shall be prepared with required Phase III and Final Plans submittals. Technical Special Provisions: (Not applicable to this project) Field Reviews: Includes trips required to obtain necessary data for elements of the project. Packet Pg. 593 Technical Meetings: Includes meetings with COUNTY and/or Agency staff, between disciplines and subconsultants, such as access management meetings, pavement design meetings, local governments, railroad companies, progress review meetings (phase review), and miscellaneous meetings. The CONSULTANT shall prepare, and submit to the COUNTY’s Project Manager for review, the meeting minutes for meetings attended by them. The meeting minutes are due within five (5) days of attending the meeting. Quality Assurance/Quality Control: It is the intention of the COUNTY that design CONSULTANTS are held responsible for their work, including plans review. Detailed checking of CONSULTANT plans or assisting in designing portions of the project for the CONSULTANT is not the intent of having external design consultants. The purpose of CONSULTANT plan reviews is to ensure that CONSULTANT plans follow the plan preparation procedures outlined in the FDOT Plans Preparation Manual, that state and federal design criteria are followed with the COUNTY concept, and that the CONSULTANT submittals are complete. The CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of surveys, designs, drawings, specifications and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without additional compensation, correct errors or deficiencies in the designs, maps, drawings, specifications and/or other services. Independent Peer Review: (Not applicable to this project) Supervision: Includes efforts required to supervise technical design activities. Coordination: Includes efforts to coordinate with disciplines of the project to produce a final set of construction documents. Project General Tasks Project General Tasks, described in Sections 3.1 through 3.7 below, represent work efforts that are applicable to the project as a whole and not to any one or more specific project activity. The work described in these tasks shall be performed by the CONSULTANT when included in the project scope. 3.1 Public Involvement (Not applicable to this project) This item will be handled under the Phase I – NEPA Environmental Assessment portion of the scope. 3.1.1 Community Awareness Plan (Not applicable to this project) 3.1.2 Notifications (Not applicable to this project) 3.1.3 Preparing Mailing Lists (Not applicable to this project) Packet Pg. 594 3.1.4 Median Modification Letters (Not applicable to this project) 3.1.5 Driveway Modification Letters (Not applicable to this project) 3.1.6 Newsletters (Not applicable to this project) 3.1.7 Renderings and Fly-Throughs (Not applicable to this project) 3.1.8 PowerPoint Presentations (Not applicable to this project) 3.1.9 Public Meeting Preparations (Not applicable to this project) 3.1.10 Public Meeting Attendance and Follow-up (Not applicable to this project) 3.1.11 MPO Meetings (Not applicable to this project) 3.1.12 Web Site (Not applicable to this project) 3.2 Joint Project Agreements (Not applicable to this project) 3.3 Specifications Package Preparation The CONSULTANT shall prepare and provide a specifications package prepared in accordance with the COUNTY’S standard requirements. 3.4 Contract Maintenance Contract maintenance includes project management effort for complete setup and maintenance of files, developing monthly progress reports, schedule updates, work effort to develop and execute subconsultant agreements, etc. 3.5 Value Engineering (Multi-Discipline Team) Review (Not applicable to this project) 3.6 Prime Consultant Project Manager Meetings Includes only the Prime Consultant Project Manager's time for travel and attendance at Activity Technical Meetings and other meetings listed in the meeting summary for Task 3.6 on tab 3.0 Project General Task of the staff hour forms. Staff hours for other personnel attending Activity Technical Meetings are included in the meeting task for that specific Activity. 3.7 Plans Update (Not applicable to this project) 3.8 Post Design Services Post Design Services may include, but not limited to, meetings, construction assistance, plans revisions, shop drawing review, survey services and load Packet Pg. 595  ratings. Specific services will be negotiated as necessary as a contract amendment. Post Design Services are not intended for instances of CONSULTANT errors and/or omissions. 3.9 Electronic Delivery (Not applicable to this project) 3.10 Electronic Delivery (Not applicable to this project) 4 ROADWAY ANALYSIS The CONSULTANT shall analyze and document Roadway Tasks in accordance with applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 4.1 Typical Section Package The CONSULTANT shall provide an approved Typical Section Package prior to the Phase II plans submittal date. 4.2 Pavement Design Package The CONSULTANT shall provide an approved Pavement Design Package in accordance with applicable FDOT pavement design manuals prior to the Phase II plans submittal date. 4.3 Access Management The CONSULTANT shall incorporate access management standards for each project in coordination with COUNTY staff. The CONSULTANT shall review adopted access management standards and the existing access conditions (interchange spacing, signalized intersection spacing, median opening spacing, and connection spacing). Median openings that will be closed, relocated, or substantially altered shall be shown on plan sheets and submitted with supporting documentation for review with the Phase I plans submittal. The access management classification information derived from the Phase I – NEPA Environmental Assessment and public hearings will be used by the CONSULTANT. 4.4 Horizontal/Vertical Master Design Files The CONSULTANT shall design the geometrics using the design standards that are most appropriate with proper consideration given to the design traffic volumes, design speed, capacity and levels of service, functional classification, adjacent land use, design consistency and driver expectancy, aesthetics, pedestrian and bicycle concerns, ADA requirements, elder road Packet Pg. 596  user policy, access management, and the Phase I – NEPA Environmental Assessment. 4.5 Cross Section Design Files The CONSULTANT shall establish and develop cross section of the proposed design at 100’ intervals and any intermediate critical locations to estimate R/W needs. 4.6 Traffic Control Analysis The CONSULTANT shall design a safe and effective Traffic Control Plan to move vehicular and pedestrian traffic during all phases of construction. The design shall include construction phasing of roadways ingress and egress to existing property owners and businesses, routing, signing and pavement markings, and detour quantity tabulations, roadway pavement, drainage structures, ditches, front slopes, back slopes, drop offs within clear zone, and traffic monitoring sites. 4.7 Master TCP Design Files (Not applicable to this project) 4.8 Design Variations and Exceptions (Not applicable to this project) 4.9 Design Report The CONSULTANT shall submit to the COUNTY design notes, data, and calculations to document the design conclusions reached during the development of the contract plans. The design notes, data, and computations shall be recorded on size 8½"x11" sheets, fully titled, numbered, dated, indexed and signed by the designer and the checker. Computer output forms and other oversized sheets shall be folded to 8½"x11" size. The data shall be in a hardback folder for submittal to the COUNTY. 4.10 Computation Book and Quantities The CONSULTANT shall prepare the Computation Book and various summary of quantities sheets. This includes efforts required to develop the Computation Book and the supporting documentation, including construction days when required. 4.11 Cost Estimate The CONSULTANT will compile a Construction Cost Estimate for the Phase III (90%) and Final Submittals. The CONSULTANT will provide a R/W acquisition needs estimate based on the design and Pond Siting Report. The CONSULTANT will supply the R/W acreages and limits as set forth in the plan set. The CONSULTANT will not supply real estate cost estimates as a part of this Scope of Services. Packet Pg. 597  4.12 Technical Special Provisions (Not applicable to this project) 4.13 Other Roadway Analysis Aviation Support Services The CONSULTANT shall review the final design plans and specifications to ensure compliance with FAA criteria and the approved ALP for CEW. The CONSULTANT shall prepare the package for CEW to file FAA Form 7460-1 which shall cover impacted airspace during construction of the project. This will include the preparation of drawings and calculations required to accompany FAA Form 7460-1 and the completion of FAA Form 7460-1 Notice of Proposed Construction or Alteration. The preparation of FAA Form 7460-2 will be developed by the selected contractor. 4.14 Field Reviews 4.15 Technical Meetings 4.16 Quality Assurance/Quality Control 4.17 Independent Peer Review (Not applicable to this project) 4.18 Supervision 4.19 Coordination 5 ROADWAY PLANS The CONSULTANT shall prepare Roadway, Drainage, Traffic Control, Utility Adjustment Sheets, plan sheets, notes, and details. The plans shall include the following sheets necessary to convey the intent and scope of the project for the purposes of construction. Plan content of the phase submittals will follow the general guidelines of Florida Department of Transportation’s Phase II (60%), Phase III (90%), and Final Submittals Plans Checklist as set forth in the FDOT Plans Preparation Manual. 5.1 Key Sheet 5.2 Summary of Pay Items 5.3 Drainage Map 5.4 Interchange Drainage Map (Not applicable to this project) 5.5 Typical Section Sheets Packet Pg. 598 5.6 General Notes/Pay Item Notes 5.7 Summary of Quantities 5.8 Box Culvert Data Sheet (Not applicable to this project) 5.9 Bridge Hydraulics Recommendation Sheets (Not applicable to this project) 5.10 Summary of Drainage Structures 5.11 Optional Pipe/Culvert Material 5.12 Project Layout 5.13 Plan/Profile Sheet (Not applicable to this project) 5.14 Profile Sheet 5.15 Plan Sheet 5.16 Special Profile (Not applicable to this project) 5.17 Back of Sidewalk Profile Sheet (Not applicable to this project) 5.18 Interchange Layout Sheet (Not applicable to this project) 5.19 Ramp Terminal Details (Plan View) (Not applicable to this project) 5.20 Intersection Layout Details 5.21 Miscellaneous Detail Sheets (Not applicable to this project) 5.22 Drainage Structure Sheet (Per Structure) 5.23 Miscellaneous Drainage Detail Sheets 5.24 Lateral Ditch Plan/Profile (Not applicable to this project) 5.25 Lateral Ditch Cross Sections (Not applicable to this project) 5.26 Retention/Detention Ponds Detail Sheet 5.27 Retention Pond Cross Sections 5.28 Cross-Section Pattern Sheet (Not applicable to this project) 5.29 Roadway Soil Survey Sheet 5.30 Cross Sections Packet Pg. 599  5.31 Traffic Control Plan Sheets 5.32 Traffic Control Cross Section Sheets (Not applicable to this project) 5.33 Traffic Control Detail Sheets 5.34 Utility Adjustment Sheets 5.35 Selective Clearing and Grubbing (Not applicable to this project) 5.36 Erosion Control Plan 5.37 SWPPP 5.38 Project Control Network Sheet 5.39 Environmental Detail Sheets (Not applicable to this project) 5.40 Utility Verification Sheet (SUE Data) 5.41 Quality Assurance/Quality Control 5.42 Supervision 6 DRAINAGE ANALYSIS The CONSULTANT shall analyze and document Drainage Tasks in accordance with applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. The CONSULTANT shall be responsible for designing a drainage and stormwater management system. Design work shall comply with the requirements of the appropriate regulatory agencies and the FDOT’s Drainage Manual. The CONSULTANT shall develop a drainage map based upon available information and field reviews. The available information should consist of old Florida Department of Transportation Plans, USGS Quadrangles, USGS Studies, NWFWMD Studies, FEMA Studies, Local Government Agency Studies or Contours, etc. The drainage map should be included in the Hydraulic Design Study. The Hydrology should be by regional or local regression equations, or by the rational method. An assumed velocity should not be used. The CONSULTANT shall document the Drainage Design in the Drainage Design Study. The Design Study should show that the design requirements of the COUNTY, FDOT and FAA have been met. The CONSULTANT has the responsibility for determining the need, appropriate locations, and sizes for water management facilities, and drainage outfalls. The CONSULTANT shall refer Phase I – NEPA Environmental Assessment for Packet Pg. 600 preliminary pond sites studied. The CONSULTANT shall be advised that pond locations must be located within the footprint of the Phase I – NEPA Environmental Assessment. The CONSULTANT shall evaluate the need for diversion ditch systems along the project length to prevent comingling of overland runoff with roadway runoff in order to minimize pond sizings. The CONSULTANT shall provide the COUNTY a Drainage Design Documentation. The documentation shall include a narrative description of existing and proposed drainage structures, conditions, and facilities, and a listing of environmental regulatory permits required. Hydrologic and hydraulic drainage computations for the design presented in the plans shall be included along with supporting design information such as drainage maps, geotechnical data (such as soil borings and permeability tests), and correspondence that directly affected design decisions. The CONSULTANT shall coordinate fully with the appropriate permitting agencies and the COUNTY’s staff. Activities and submittals should be coordinated through the COUTNY’s Project Manager. The work will include the engineering analyses for any of the following: 6.1 Determine Base Clearance Water Elevation Analyze, determine, and document high water elevations which will be used to set roadway profile grade. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent stormwater ponds. Determine groundwater elevations at intervals between the above-mentioned surface waters. 6.2 Pond Siting Analysis and Report Update Pond Siting Analysis and Report done in the Phase I – NEPA Environmental Assessment. 6.3 Design of Cross Drains Analyze the hydraulic design of cross drains. Check existing cross drains to determine if they are structurally sound and can be extended. Document the design as required. Determine and provide flood data as required. 6.4 Design of Roadway Ditches Design roadway conveyance ditches. This includes determining ditch cross sections, grades, selecting suitable channel lining, designing the side drain pipes, and documentation. 6.5 Design of Outfalls Analyze and document the design of ditch or piped outfalls. (Pond outlet structure included in task 6.6) Packet Pg. 601 6.6 Design of Stormwater Management Facility (Offsite Pond) Design stormwater management facilities to meet requirements for stormwater quality treatment and attenuation. Develop proposed pond layout (shape, contours, slopes, etc.), perform routing calculations, and design the outlet control structure. 6.7 Design of Stormwater Management Facility (Roadside Ditch as Linear Pond or Infield Pond) (Not applicable to this project) 6.8 Design of Flood Plain Compensation Area Determine flood plain encroachments, coordinate with regulatory agencies, and develop proposed compensation area layout (shape, contours, slopes, etc.). Document the design following the requirements of the regulatory agency. 6.9 Design of Storm Drains Develop a “working drainage map”, determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design Tailwater and, if necessary, outlet scour protection. 6.10 Optional Culvert Material Determine acceptable options for pipe materials. 6.11 French Drain Design (Not applicable to this project) 6.12 Drainage Wells (Not applicable to this project) 6.13 Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for the drainage design tasks and associated meetings and decisions, except the Pond Siting Analysis Report. 6.14 Bridge Hydraulic Report (Not applicable to this project) 6.15 Temporary Drainage Analysis (Not applicable to this project) 6.16 Cost Estimate 6.17 Technical Special Provisions (Not applicable to this project) 6.18 Other Drainage Analysis (Not applicable to this project) 6.19 Field Reviews Packet Pg. 602  6.20 Technical Meetings 6.21 Quality Assurance/Quality Control 6.22 Independent Peer Review (Not applicable to this project) 6.23 Supervision 6.24 Coordination 7 UTILITIES The CONSULTANT shall identify utility facilities and secure agreements, utility work schedules, and plans from the Utility Agency Owners (UAO) ensuring no conflicts exist between utility facilities and the COUNTY’s construction project. The CONSULTANT shall certify utility negotiations have been completed with arrangements made for utility work to be undertaken. 7.1 Kickoff Meeting (Not applicable to this project) 7.2 Identify Existing UAO(s) Identify utilities in the corridor; check with Maintenance for Permits, Sunshine State One Call, Subsurface Utility Engineering (SUE) Report, Design Location Survey, and Existing Plans. 7.3 Make Utility Contacts First Contact: Send letters and two sets of plans to each utility, one set for the utility office, one set each to construction and maintenance if required. Includes contact by phone for meeting coordination. Request type, size, location, easements, cost for compensable relocation, and justification for any utility exceptions. Include the meeting schedule (if applicable) and the design schedule. Include typical meeting agenda. Second Contact: At a minimum of 4 weeks prior to the meeting, the CONSULTANT shall transmit two complete sets of Phase II plans to each UAO having facilities located within the project limits, and one set to the COUNTY Offices as required by the District. Third Contact: Identify agreements and assemble packages. Send agreements, letters and two sets of plans to the UAO(s) including component sets, one set for the utility office, one set to construction and maintenance if required. Include the design schedule. Not all projects will have all contacts as described above. Packet Pg. 603 7.4 Exception Coordination (Not applicable to this project) 7.5 Preliminary Utility Meeting (Not applicable to this project) 7.6 Individual/Field Meetings The CONSULTANT shall meet with each UAO separately throughout the project design duration to provide guidance in the interpretation of plans, review changes to the plans and schedules, optional clearing and grubbing work, and assist in the development of the UAO(s) plans and work schedules. The CONSULTANT is responsible for motivating the UAO to complete and return the necessary documents after each Utility Contact or Meeting. 7.7 Collect and Review Plans and Data from UAO(s) Make Determinations (Compensable Interest, Easements, Coordinate, Analyze). Ensure information (utility type, material and size) is sent to the designer for inclusion in the plans. Coordinate programming of funds. 7.8 Subordination of Easements Coordination (Not applicable to this project) 7.9 Utility Design Meeting (Not applicable to this project) 7.10 Review Utility Markups and Work Schedules and Processing of Schedules and Agreements Review utility marked up plans individually as they are received for content and coordinate review with the designer. Send color markups and schedules to the appropriate COUNTY office(s) for review and comment if required. 7.11 Utility Coordination/Followup This includes follow-up, interpreting plans, and assisting and the completion of the UAO(s) work schedule and agreements. Includes phone calls, face-to- face meetings, etc., to motivate and ensure the UAO(s) complete and return the required documents in accordance with the project schedule. Ensure the resolution of known conflicts. This task can be applied to all phases of the project. 7.12 Utility Constructability Review Review utility schedules against construction contract time, and phasing for compatibility. Coordinate with and obtain written concurrence from the construction office. 7.13 Additional Utility Services (Not applicable to this project) . Packet Pg. 604  7.14 Processing Utility Work by Highway Contractor (UWHC) (Not applicable to this project) 7.15 Contract Plans to UAO(s) (Not applicable to this project) 7.16 Certification/Close-Out This includes hours for transmitting utility files to the DUO and preparation of the Utility Certification Letter. The CONSULTANT shall certify to the appropriate COUNTY representative the following: Utility negotiations (Full execution of each agreement, approved Utility Work Schedules, technical special provisions written, etc.) have been completed with arrangements made for utility work to be undertaken and completed as required for proper coordination with the physical construction schedule. OR An on-site inspection was made and no utility work will be involved. OR Plans were sent to the Utility Companies/Agencies and no utility work is required. 7.17 Other Utilities (Not applicable to this project) 8 ENVIRONMENTAL PERMITS, COMPLIANCE AND CLEARANCES The CONSULTANT shall notify the COUNTY Project Manager and other appropriate personnel in advance of scheduled meetings with the regulatory agencies to allow a COUNTY representative to attend. The CONSULTANT shall copy in the Project Manager and the Environmental Permit Coordinator on permit related correspondence and meetings. 8.1 Preliminary Project Research The CONSULTANT shall perform preliminary project research and shall be responsible for early identification of and coordination with the appropriate regulatory agencies to assure that design efforts are properly directed toward permit requirements. 8.2 Complete Permit Involvement Form The CONSULTANT shall document permit involvement in coordination with the COUNTY Project Manager. This is to be done upon completion of preliminary project research. 8.3 Establish Wetland Jurisdictional Lines and Assessments Packet Pg. 605  The CONSULTANT shall collect data and information necessary to determine the boundaries of wetlands and surface waters defined by the rules or regulations of each agency processing or reviewing a permit application necessary to construct a COUNTY project. The CONSULTANT is to stake or flag the State and Federal jurisdictional lines. A registered surveyor will be required to survey these jurisdictional lines. The consultant must remove stakes or flags after the environmental permits are approved. The contractor is to be provided, in the plans, survey points to delineate or flag the wetlands that are NOT TO BE IMPACTED. It is the contractor’s responsibility to flag or stake these areas prior to construction beginning and maintain them throughout construction. The CONSULTANT will identify this responsibility of the contractor clearly in the plans. The plans shall clearly show the jurisdictional lines(s). The jurisdictional areas that are impacted shall be clearly designated and noted “Construction activities allowed.” Jurisdictional areas that are not to be impacted and are to remain undisturbed throughout construction should be clearly designated and noted “Construction activities not allowed.” The CONSULTANT shall include a section in the roadway component set of plans to reflect the items above. This section shall also include a Tabulation Sheet or Block defining the undisturbed wetlands by x, y coordinates or station and offsets. The disturbed wetlands shall also be tabulated in square feet (or acres) indicating the area impacted. This section shall include any general or project specific environmental notes. On projects where no wetland impacts are anticipated, the plans will clearly show the “Safe Upland Line”**. Areas outside this line shall be labeled or noted “Construction Activities Not Allowed”. **According to the US Army Corps of Engineers, a Safe Upland is any area that does not qualify as a wetland because the associated hydrologic regime is not sufficiently wet to elicit development of vegetation, soils, and/or hydrologic characteristics associated with wetlands. The Consultant/Designer shall locate this line in a manner that allows the Contractor to reproduce this line in the field – station and offset, or state plan coordinates. 8.4 Agency Verification of Wetland Data The jurisdictional lines will be verified during the permit submittal and review by the State or Federal agency. A formal jurisdictional determination will not be obtained prior to permit submittal except for new roadway alignments, or if a questionable determination is anticipated. The CONSULTANT will be responsible for jurisdictional determinations during permit reviews and will respond to Requests for Additional Information by the reviewing agency. 8.5 Complete and Submit Required Permit Applications Packet Pg. 606  The CONSULTANT will have a Pre-Application meeting with the State permitting agency for projects involving Stormwater Ponds and bridge replacement. The COUNTY project manager will be invited to the Pre- Application meeting, and will be forwarded correspondence and meeting minutes. The Engineer of Record (EOR) shall prepare a narrative, in layman terms, for the inclusion in the permit application package. It shall include work being performed in this project, impacts to the environment and methods of construction specifically related to the environmentally sensitive areas. This brief description will aid the regulatory agency reviewer in understanding the scope of the project. For projects that do not have a wetland assessment (Unified Mitigation Assessment Method, or UMAM), and the permit requires this information to be issued, the CONSULTANT will prepare a UMAM to be submitted with the permit application. 8.6 Prepare Dredge and Fill Sketches per Agency Criteria 8.7 Prepare USCG Permit Sketches per Agency Criteria (Not applicable to this project) 8.8 Prepare Water Management District Right-of-Way Occupancy Sketches (Not applicable to this project) 8.9 Prepare Coastal Construction Control Line (CCCL) Permit Application (Not applicable to this project) 8.10 Prepare Tree Permit Information (Not applicable to this project) 8.11 Mitigation Coordination and Meetings The CONSULTANT shall coordinate with COUNTY personnel prior to approaching any environmental permitting or reviewing agencies. Once a mitigation plan has been reviewed and approved by the COUNTY, the CONSULTANT will be responsible for coordinating the proposed mitigation plan with the environmental agencies. 8.12 Mitigation Design (To Be Provided by Others) The COUNTY mitigation design will be in accordance with CH 373.4137 FS. The NWFWMD will be responsible for developing a mitigation plan for the wetland impacts associated with this project. 8.13 Environmental Clearances, Reevaluations and Technical Support (Not applicable to this project) 8.14 Environmental Clearances and Reevaluations Packet Pg. 607  The CONSULTANT shall prepare reports and clearances for the changes to the project that occurred after the Phase I – NEPA Environmental Assessment was completed. These changes could include but are not limited to pond and/or mitigation sites identified, land use or environmental changes, and significant design changes. NEPA or SEIR Reevaluation: During the development of the final design plans, the CONSULTANT shall be responsible for collecting the data and preparing a Reevaluation in accordance with the National Environmental Policy Act (NEPA), as described in 40 CFR Parts 1500 - 1508 and FAA Order 1050.1E CHG 1, paragraph 401(g), Policies and Procedures for Considering Environmental Impacts. Archaeological and Historical Features: The CONSULTANT shall collect data necessary to completely analyze the impacts, due to changes in the project or project area, to cultural and historic resources, and prepare a Cultural Resource Study, in accordance with the National Historic Preservation Act of 1966 (Public Law 89-665, as amended) and the implementing regulations (36 CFR 800) as well as with the provisions contained in Chapter 267, Florida Statutes. Wetland Impact Analysis: The CONSULTANT shall analyze the impacts to wetlands for the changes to the project and complete the Wetlands Evaluation Report, in accordance with FAA Order 1050.1E, Appendix A, Section 18. Wildlife and Habitat Impact Analysis: The CONSULTANT shall collect data necessary and perform an Endangered Species Biological Assessment, and analyze the impacts to wildlife and habitat by the changes to the project, in accordance with the Endangered Species Act of 1973, the Sikes Act Amendments of 1974, Executive Order 13112 – Invasive Species, the Fish and Wildlife Coordination Act of 1958, and the Fish and Wildlife Conservation Act of 1980. (FAA Order 1050.1E, CHG 1, Appendix A, section 8). 8.15 Other Environmental Permits (Not applicable to this project) 8.16 Technical Meetings 8.17 Quality Assurance/Quality Control 8.18 Supervision 8.19 Coordination Packet Pg. 608 9 STRUCTURES - SUMMARY AND MISCELLANEOUS TASKS AND DRAWINGS (Not applicable to this project) 10 STRUCTURES - BRIDGE DEVELOPMENT REPORT (Not applicable to this project) 11 STRUCTURES - TEMPORARY BRIDGE (Not applicable to this project) 12 STRUCTURES - SHORT SPAN CONCRETE BRIDGE (Not applicable to this project) 13 STRUCTURES - MEDIUM SPAN CONCRETE BRIDGE (Not applicable to this project) 14 STRUCTURES - STRUCTURAL STEEL BRIDGE (Not applicable to this project) 15 STRUCTURES - SEGMENTAL CONCRETE BRIDGE (Not applicable to this 16 STRUCTURES - MOVABLE SPAN (Not applicable to this project) 17 STRUCTURES - RETAINING WALL (Not applicable to this project) 18 STRUCTURES – MISCELLANEOUS (Not applicable to this project) 19 SIGNING AND PAVEMENT MARKING ANALYSIS The CONSULTANT shall analyze and document Signing and Pavement Markings Tasks in accordance with applicable manuals, guidelines, standards, handbooks, procedures, and current design memorandums. 19.1 Traffic Data Analysis The CONSULTANT shall review the approved preliminary engineering report, typical section package, traffic technical memorandum and proposed geometric design alignment to identify proposed sign placements and roadway markings. Perform queue analysis. 19.2 No Passing Zone Study (Not applicable to this project) Packet Pg. 609  19.3 Reference and Master Design File The CONSULTANT shall prepare the Signing & Marking Design file to include necessary design elements and associated reference files. 19.4 Multi-Post Sign Support Calculations The CONSULTANT shall determine the appropriate column size from the FDOT’s Multi-Post Sign Program(s). 19.5 Sign Panel Design Analysis Establish sign layout, letter size and series for non-standard signs. 19.6 Sign Lighting/Electrical Calculations (Not applicable to this project) 19.7 Quantities 19.8 Computation Book 19.9 Cost Estimates 19.10 Technical Special Provisions 19.11 Other Signing and Pavement Marking Analysis (Not applicable to this project) 19.12 Field Reviews 19.13 Technical Meetings 19.14 Quality Assurance/Quality Control 19.15 Independent Peer Review (Not applicable to this project) 19.16 Supervision 19.17 Coordination 20 SIGNING AND PAVEMENT MARKING PLANS The CONSULTANT shall prepare a set of Signing and Pavement Marking Plans in accordance with the Plans Preparation Manual that includes the following. 20.1 Key Sheet 20.2 Summary of Pay Items 20.3 Tabulation of Quantities Packet Pg. 610  20.4 General Notes/Pay Item Notes 20.5 Project Layout (Not applicable to this project) 20.6 Plan Sheet 20.7 Typical Details (Not applicable to this project) 20.8 Guide Sign Work Sheet(s) 20.9 Traffic Monitoring Site (Not applicable to this project) 20.10 Cross Sections (Not applicable to this project) 20.11 Special Service Point Details (Not applicable to this project) 20.12 Special Details (Not applicable to this project) 20.13 Interim Standards (Not applicable to this project) 20.14 Quality Assurance/Quality Control 20.15 Supervision 21 SIGNALIZATION ANALYSIS (Not applicable to this project) 22 SIGNALIZATION PLANS (Not applicable to this project) 23 LIGHTING ANALYSIS (Not applicable to this project) 24 LIGHTING PLANS (Not applicable to this project) 25 LANDSCAPE ARCHITECTURE ANALYSIS (Not applicable to this project) 26 LANDSCAPE ARCHITECTURE PLANS (Not applicable to this project) 27 SURVEY The CONSULTANT shall perform survey tasks in accordance with applicable statutes, manuals, guidelines, standards, handbooks, procedures, and current design memoranda. The CONSULTANT shall submit survey notes and computations to document the Packet Pg. 611 surveys. Field survey work shall be recorded in approved media and submitted to the COUNTY. Field books submitted to the COUNTY must be of an approved type. The field books shall be certified by the surveyor in responsible charge of work being performed before the final product is submitted. The survey notes shall include documentation of decisions reached from meetings, telephone conversations or site visits. All like work (such as bench lines, reference points, etc.) shall be recorded contiguously. The COUNTY may not accept field survey radial locations of section corners, platted subdivision lot and block corners, alignment control points, alignment control reference points and certified section corner references. The COUNTY may instead require that these points be surveyed by true line, traverse or parallel offset. 27.1 Horizontal Project Control (HPC) Establish or recover HPC, for the purpose of establishing horizontal control on the Florida State Plane Coordinate System or datum approved by the COUNTY Surveyor (DS) or COUNTY Location Surveyor (DLS); may include primary or secondary control points. Includes analysis and processing of field collected data, and preparation of forms. 27.2 Vertical Project Control (VCP) Establish or recover VCP, for the purpose of establishing vertical control on datum approved by the COUNTY Surveyor (DS) or the COUNTY Location Surveyor (DLS).; may include primary or secondary vertical control points. Includes analysis and processing of field collected data, and preparation of forms. 27.3 Alignment and/or Existing Right of Way Lines Establish, recover or re-establish project alignment. Also includes analysis and processing of field collected data, existing maps, and/or reports for identifying mainline, ramp, offset, or secondary alignments. Depict alignment and/or existing R/W lines (in required format) per COUNTY R/W Maps, platted or dedicated rights of way. 27.4 Aerial Targets (Not applicable to this project) 27.5 Reference Points Reference HPNC points, project alignment, vertical control points, section, ¼ section, center of section corners and G.L.O. corners as required. 27.6 Topography/DTM (3D) Locate above ground features and improvements for the limits of the project by collecting the required data for the purpose of creating a DTM with sufficient density. Shoot break lines, high and low points. Effort includes field Packet Pg. 612  edits, analysis and processing of field collected data, existing maps, and/or reports. 27.7 Planimetric (2D) (Not applicable to this project) 27.8 Roadway Cross Sections/Profiles Perform cross sections or profiles. May include analysis and processing of field-collected data for comparison with DTM. 27.9 Side Street Surveys (Not applicable to this project) 27.10 Underground Utilities (Not applicable to this project) 27.11 Outfall Survey (Not applicable to this project) 27.12 Drainage Survey (Not applicable to this project) 27.13 Bridge Survey (Minor/Major) (Not applicable to this project) 27.14 Channel Survey Locate topographic features and improvements for the limits of the project by collecting the required data. Includes field edits, analysis and processing of field collected data, maps, and/or reports. 27.15 Pond Site Survey Refer to tasks of this document as applicable. 27.16 Mitigation Survey (Not applicable to this project) 27.17 Jurisdiction Line Survey Perform field location (2-dimensional) of jurisdiction limits as defined by respective authorities, also includes field edits, analysis and processing of field collected data, preparation of reports. 27.18 Geotechnical Support Perform 3-dimensional (X,Y,Z) field location, or stakeout, of boring sites established by geotechnical engineer. Includes field edits, analysis and processing of field collected data and/or reports. Packet Pg. 613 27.19 Sectional/Grant Survey (Not applicable to this project) 27.20 Subdivision Location (Not applicable to this project) 27.21 Maintained R/W (Not applicable to this project) 27.22 Boundary Survey (Not applicable to this project) 27.23 Water Boundary Survey (Not applicable to this project) 27.24 Right of Way Staking / Right of Way Line (Not applicable to this project) 27.25 Right of Way Monumentation Set R/W monumentation as depicted on final R/W maps for corridor and water retention areas. 27.26 Line Cutting Perform efforts required to clear vegetation from the line of sight. 27.27 Work Zone Safety Provide work zone as required by COUNTY standards. 27.28 Miscellaneous Surveys Refer to tasks of this document, as applicable, to perform surveys not described herein. The percent for Supplemental will be determined at negotiations. This item can only be used if authorized in writing by the COUNTY Surveyor (DS), COUNTY Location Surveyor (DLS) or their representative. 27.29 Supplemental Surveys Supplemental survey days and hours are to be approved in advance by CLS. Refer to tasks of this document, as applicable, to perform surveys not described herein. 27.30 Document Research Perform research of documentation to support field and office efforts involving surveying and mapping. 27.31 Field Review Perform verification of the field conditions as related to the collected survey data. Packet Pg. 614  27.32 Technical Meetings Attend meetings as required and negotiated by the Surveying and Mapping COUNTY. 27.33 Quality Control/Quality Assurance Establish and implement a QAQC plan. Also includes subconsultant review, response to comments and any resolution meetings if required, preparation of submittals for review, etc. 27.34 Supervision Perform activities required to supervise and coordinate project. These activities must be performed by the project supervisor, a Florida P.S.M. or their delegate as approved by the District Surveying Office. 27.35 Coordination Coordinate survey activities with other disciplines. Unit is based on 3 percent of office support hours from tasks 1 through 28, where applicable.) These activities must be performed by the project supervisor, a Florida P.S.M. or their delegate as approved by the District Surveying Office. 28 PHOTOGRAMMETRY (Not applicable to this project) 29 MAPPING (Optional Service) The CONSULTANT will be responsible for the preparation of control survey maps, right of way maps, maintenance maps, sketches, other miscellaneous survey maps, and legal descriptions as required for this project in accordance with applicable COUNTY Manuals, Procedures, Handbooks, District specific requirements, and Florida Statutes. Maps, surveys and legal descriptions will be prepared under the direction of a Florida Professional Surveyor and Mapper (PSM) to COUNTY size and format requirements utilizing COUNTY approved software, and will be designed to provide a high degree of uniformity and maximum readability. The CONSULTANT will submit maps, legal descriptions, quality assurance check prints, checklists, electronic media files and any other documents as required for this project to the COUNTY for review at stages of completion as negotiated. Master CADD File 29.1 Alignment 29.2 Section and 1/4 Section Lines (Not applicable to this project) 29.3 Subdivisions / Property Lines (Not applicable to this project) Packet Pg. 615 29.4 Existing Right of Way (Not applicable to this project) 29.5 Topography 29.6 Parent Tract Properties and Existing Easements (Not applicable to this project) 29.7 Proposed Right of Way Requirements The ENGINEER OF RECORD (EOR) will provide the proposed requirements. The PSM is responsible for calculating the final geometry. Notification of Final Right of Way Requirements along with the purpose and duration of easements will be specified in writing. 29.8 Limits of Construction The limits of construction DGN file as provided by the EOR will be imported or referenced to the master CADD file. Additional labeling will be added as required. The PSM is required to advise the EOR of any noted discrepancies between the limits of construction line and the existing/proposed right of way lines, and for making adjustments as needed when a resolution is determined. 29.9 Jurisdictional/Agency Lines (Not applicable to this project) These lines may include, but are not limited to, jurisdictional, wetland, water boundaries, and city/county limit lines. Sheet Files 29.10 Control Survey Cover Sheet (Not applicable to this project) 29.11 Control Survey Key Sheet (Not applicable to this project) 29.12 Control Survey Detail Sheet (Not applicable to this project) 29.13 Right of Way Map Cover Sheet 29.14 Right of Way Map Key Sheet 29.15 Right of Way Map Detail Sheet 29.16 Maintenance Map Cover Sheet (Not applicable to this project) 29.17 Maintenance Map Key Sheet (Not applicable to this project) 29.18 Maintenance Map Detail Sheet (Not applicable to this project) Packet Pg. 616 29.19 Reference Point Sheet This sheet(s) will be included with the Control Survey Map, Right of Way Map and Maintenance Map. 29.20 Project Network Control Sheet This sheet depicts the baseline, the benchmarks, the primary and secondary control points and their reference points including the type of material used for each point, their XYZ coordinates, scale factors and convergence angles. This sheet(s) may be included with the Control Survey Map, Right of Way Map and Maintenance Map. 29.21 Table of Ownerships Sheet Miscellaneous Surveys and Sketches 29.22 Parcel Sketches (Not applicable to this project) 29.23 TIITF Sketches (Not applicable to this project) 29.24 Other Specific Purpose Survey(s) (Not applicable to this project) 29.25 Boundary Survey(s) Map 29.26 Right of Way Monumentation Map 29.27 Title Search Map (Not applicable to this project) 29.28 Title Search Report (Not applicable to this project) 29.29 Legal Descriptions 29.30 Final Map/Plans Comparison The PSM will perform a comparison of the final right of way maps with the available construction plans to review the correctness of the type of parcel to be acquired and the stations/offsets to the required right of way. The PSM will coordinate with the EOR to resolve any conflicts or discrepancies and provide documentation of the review. 29.31 Field Reviews 29.32 Technical Meetings 29.33 Quality Assurance/Quality Control 29.34 Supervision 29.35 Coordination Packet Pg. 617  29.36 Supplemental Mapping (Not applicable to this project) 30 GEOTECHNICAL The CONSULTANT shall, for each project, be responsible for a complete geotechnical investigation. Work performed by the CONSULTANT shall be in accordance with COUNTY standards. The CONSULTANT shall notify the COUNTY in adequate time to schedule a representative to attend related meetings and field activities. CONSULTANT shall perform specialized field-testing as required by project needs. Testing and classification will be performed in accordance with applicable COUNTY standards, ASTM Standards or AASHTO Standards, unless otherwise specified in the Contract Documents. Standard Penetration Testing will be performed using an automatic hammer. 30.1 Document Collection and Review CONSULTANT will review printed literature including topographic maps, county agricultural maps, aerial photography (including historic photos), ground water resources, geology bulletins, potentiometric maps, pile driving records, historic construction records and other geotechnical related resources. Prior to field reconnaissance, CONSULTANT shall review U.S.G.S., S.C.S. and potentiometric maps, and identify areas with problematic soil and groundwater conditions. Roadway The CONSULTANT shall be responsible for coordination of geotechnical related fieldwork activities. The CONSULTANT shall retain samples until acceptance of Final plans. 30.2 Develop Detailed Boring Location Plan Develop a detailed boring location plan. Meet with COUNTY Geotechnical Project Manager for boring plan approval. If the drilling program expects to encounter artesian conditions, the CONSULTANT shall submit a methodology(s) for plugging the borehole to the COUNTY for approval prior to commencing with the boring program. 30.3 Stake Borings/Utility Clearance Stake borings and obtain utility clearance. 30.4 Coordinate and Develop MOT Plans for Field Investigation Packet Pg. 618  Coordinate and develop Maintenance of Traffic (MOT) plan. Work zone traffic control will be performed in accordance with the FDOT’s Roadway and Traffic Design Standards Index 600 series. 30.5 Drilling Access Permits Obtain State, County, City, and Water Management District permits for performing geotechnical borings, as needed. 30.6 Property Clearances Notify property tenants in person of drilling and field activities, if applicable. Written notification to property owners/tenants is the responsibility of the COUNTY’s Project Manager. 30.7 Groundwater Monitoring Monitor groundwater, using piezometers. 30.8 LBR / Resilient Modulus Sampling Collect appropriate samples for Limerock Bearing Ratio (LBR) testing. 30.9 Coordination of Field Work Coordinate field work required to provide geotechnical data for the project. 30.10 Soil and Rock Classification - Roadway Refine soil profiles recorded in the field, based on results of laboratory testing. 30.11 Design LBR Determine design LBR values from the 90% and mean methods. 30.12 Laboratory Data Tabulate laboratory test results for inclusion in the geotechnical report, the report of tests sheet (Roadway Soil Survey Sheet), and for any necessary calculations and analyses. 30.13 Seasonal High Water Table Review the encountered ground water levels and estimate seasonal high ground water levels. Estimate seasonal low ground water levels, if requested. Packet Pg. 619 30.14 Parameters for Water Retention Areas Calculate parameters for water retention areas, exfiltration trenches, and/or swales. 30.15 Delineate Limits of Unsuitable Material Delineate limits of unsuitable material(s) in both horizontal and vertical directions. Assist the Engineer of Record with detailing these limits on the cross-sections. If requested, prepare a plan view of the limits of unsuitable material. 30.16 Electronic Files for Cross-Sections Create electronic files of boring data for cross-sections. 30.17 Embankment Settlement and Stability Estimate the total magnitude and time rate of embankment settlements. Calculate the factor of safety against slope stability failure. 30.18 Stormwater Volume Recovery and/or Background Seepage Analysis Perform stormwater volume recovery analysis as directed by the COUNTY. 30.19 Geotechnical Recommendations Provide geotechnical recommendations regarding the proposed roadway construction project including the following: description of the site/alignment, design recommendations and discussion of any special considerations (i.e. removal of unsuitable material, consolidation of weak soils, estimated settlement time/amount, groundwater control, high groundwater conditions relative to pavement base, etc.) Evaluate and recommend types of geosynthetics and properties for various applications, as required. 30.20 Pavement Condition Survey and Pavement Evaluation Report (Not applicable to this project) 30.21 Preliminary Roadway Report If a preliminary roadway investigation is performed, submit a preliminary roadway report before the Phase II plans submittal. The purpose of the preliminary roadway report will be to assist in setting road grades and locating potential problems.  Copies of U.S.G.S. and S.C.S. maps with project limits shown.  A report of tests sheet that summarizes the laboratory test results, the soil stratification (i.e. soils grouped into layers of similar materials) and construction recommendations relative to Standard Indices 500 and 505. Packet Pg. 620   Results of tasks discussed in the previous section (Data Interpretation and Analysis).  An appendix that contains stratified soil boring profiles, laboratory test data sheets, sample embankment settlement and stability calculations, design LBR calculation/graphs, and other pertinent calculations.  The CONSULTANT will respond in writing to any changes and/or comments from the COUNTY and submit any responses and revised reports. 30.22 Final Report The Final Roadway Report shall include the following:  Copies of U.S.G.S. and S.C.S. maps with project limits shown.  A report of tests sheet that summarizes the laboratory test results, the soil stratification (i.e. soils grouped into layers of similar materials) and construction recommendations relative to Standard Indices 500 and 505.  Results of tasks discussed in the previous section (Data Interpretation and Analysis).  An appendix that contains stratified soil boring profiles, laboratory test data sheets, sample embankment settlement and stability calculations, design LBR calculation/graphs, and other pertinent calculations.  The CONSULTANT will respond in writing to any changes and/or comments from the COUNTY and submit any responses and revised reports. 30.23 Auger Boring Drafting Draft auger borings as directed by the COUNTY. 30.24 SPT Boring Drafting Draft SPT borings as directed by the COUNTY. Structures (Not applicable to this project) 30.47 Other Geotechnical (Not applicable to this project) 30.48 Technical Special Provisions 30.49 Field Reviews Identify and note surface soil and rock conditions, surface water conditions and locations, and preliminary utility conflicts. Observe and note nearby structures and foundation types. 30.50 Technical Meetings Packet Pg. 621  30.51 Quality Assurance/Quality Control 30.52 Supervision 30.53 Coordination 30.54 Optional Preliminary Contamination Assessment (Not applicable to this project) 31 ARCHITECTURE DEVELOPMENT (Not applicable to this project) 32 NOISE BARRIERS IMPACT DESIGN ASSESSMENT IN THE DESIGN PHASE (Not applicable to this project) 33 INTELLIGENT TRANSPORTATION SYSTEMS ANALYSIS (Not applicable to this project) 34 INTELLIGENT TRANSPORTATION SYSTEM PLANS (Not applicable to this project) 35 PROJECT REQUIREMENTS 35.1 Liaison Office The COUNTY and the CONSULTANT will designate a Liaison Office and a Project Manager who shall be the representative of their respective organizations for the Project. While it is expected the CONSULTANT shall seek and receive advice from various state, regional, and local agencies, the final direction on matters of this project remain with the COUNTY Project Manager. 35.2 Key Personnel The CONSULTANT’s work shall be performed and directed by the key personnel identified in the proposal presentations by the CONSULTANT. Any changes in the indicated personnel shall be subject to review and approval by COUNTY. 35.3 Progress Reporting The CONSULTANT shall meet with the COUNTY as required and shall provide a written progress and schedule status reports that describe the work performed on each task. Progress and schedule status reports shall be delivered to the COUNTY concurrently with the monthly invoice. The Project Manager will make judgment on whether work of sufficient quality and Packet Pg. 622  quantity has been accomplished by comparing the reported percent complete against actual work accomplished. 35.4 Correspondence Copies of written correspondence between the CONSULTANT and any party pertaining specifically to this contract shall be provided to the COUNTY for their records within one (1) week of the receipt or mailing of said correspondence. 35.5 Professional Endorsement The CONSULTANT shall have a Registered Professional Engineer in the State of Florida sign and seal reports, documents, and plans as required by COUNTY standards. 35.6 Computer Automation The project will be developed utilizing Computer Aided Drafting and Design (CADD) systems. The COUNTY makes available software to help assure quality and conformance with policy and procedures regarding CADD. It is the responsibility of the CONSULTANT to meet the requirements in the FDOT’s CADD Manual. The CONSULTANT will submit final documents and files as described therein. 35.7 Coordination with Other Consultants The CONSULTANT is to coordinate his work with any and adjacent and integral consultants so as to effect complete and homogenous plans and specifications for the project(s) described herein. 35.8 Optional Services At the COUNTY’s option, the CONSULTANT may be requested to provide optional services. The fee for these services shall be negotiated for a fair, competitive and reasonable cost, considering the scope and complexity of the project(s). Additional services may be authorized by Letter of Authorization or supplemental amendment in accordance with paragraph 2.00 of the Standard Consultant Agreement. The additional services may include Construction Assistance, Review of Shop Drawings, Final Bridge Load Rating, update (Category II) bridge plans electronically (CADD) for the Final "As-Built" conditions, based on documents provided by the COUNTY (CADD Services Only) or other Services as required. 36 INVOICING LIMITS Payment for the work accomplished will be in accordance with Method of Compensation of this contract. Invoices shall be submitted to the COUNTY, in a format prescribed by the COUNTY. The COUNTY Project Manager and the Packet Pg. 623 CONSULTANT shall monitor the cumulative invoiced billings to insure the reasonableness of the billings compared to the project schedule and the work accomplished and accepted by the COUNTY. The CONSULTANT will provide a list of key events and the associated total percentage of work considered to be complete at each event. This list will be used to control invoicing. Payments will not be made that exceed the percentage of work for any event until those events have actually occurred and the results are acceptable to the COUNTY. Packet Pg. 624  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: Mosquito Control - FY15 FDACS Agreement DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Each year the Florida Department of Agriculture and Consumer Services (FDACS) offers a grant to provide financial assistance to Florida Mosquito Control (MC) Districts. Acceptance of the funding is predicated by a Contractual Agreement between FDACS and the governing body of MC District. BACKGROUND: The Okaloosa County Mosquito Control District has partnered with FDACS through the execution of an annual grant agreement for many years. Funding levels are dependent on legislative action. For the past several years, FDACS grants typically range between 5% and 7% of the total MC budget. The amount offered in the FY15 grant agreement is $31,540 or 4.9% of the FY15 MC budget. These funds will be earmarked for the purchase of chemical pesticide. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Staff recommends the Board authorize the Chairman to execute the FY15 FDACS grant agreement and authorize the Chairman to sign future FDACS documentation associated with the FY14 State grant process. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 625  DIVISION OF A GRICULTURAL THE CONNER BUI LDING E NVIRONMENTAL SERVICES 3125 C ONNER BOULEYARD (850 ) 617-7900 TAL LAHAS SEE, FLORIDA 32399-1650 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES CoMMISSIONER ADAM H. PuTNAM September 3, 2014 Dear Mosquito Control Director: Enclosed are two originals of your Mosquito Control Contractual Agreement for fiscal year October 1, 2014 to September 30, 2015. Please note there are three places on the contract that requirement initials, signature, or contact information. If any of these three places are left blank your contract will be returned to you for completion. Please note the following requirements: 1. BLUE TAB: Page three (3) references the acknowledgement that you are subject to Chapter 215.97, Florida Statutes. Please note that initials are required on page three. 2. YELLOW TAB: Page ten (10) is where you will state who your Contract Manager is and their address. Please note that information is required on page ten. 3. GREEN TAB: Page ten (10) is where the designated person in your county/district will sign as approver for your contract. Please note that a signature, title, and date are required. Please review, initial on page three, fill in the required information and sign on page ten, and return one original to our office. The second original is provided for your files. As a reminder, agreements signed by anyone other than the Chair must be accompanied by written authorization. If you have any questions, please contact me at (850) 617-7971. Sincerely, 4~ttjl £) /~e Stacey D. Reese Administrative Assistant II Enclosures ,,,,., ~~ ~ ---80-0--H- E-L-PF_L_A________________________________ ~a.--------------------------------------- 1 .r wcJU www.FreshFro mFiorida.co m Packet Pg. 626  Florida Department of Agriculture and Consumer Services Division of Administration CONTRACTUAL SERVICES AGREEMENT ADAM H. PUTNAM COMMISSIONER 021299 This AGREEMENT, made and entered into this day of 2014 by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, State of Florida, the Department and the Okaloosa County Mosquito Control. the CONTRACTOR. CONTRACT PERIOD: October 1, 2014 through September 30, 2015. When state funds are involved, it is the duty of the Department to guide, review, approve, and coordinate the activities of all county governments and special districts receiving state funds in furtherance of the goal of integrated mosquito control. The CONTRACTOR agrees to comply with the following requirements of Chapter 388, Florida Statutes, Section 215.97, Florida Statutes, and Chapter 5E-13, Florida Administrative Code. An operational work plan on FDACS Form 13666 entitled "Operational Work Plan for Mosquito Control", and a detailed work plan on FDACS Form 13623 entitled "Detailed Work Plan Budget- Arthropod Control" providing for the control of mosquitoes are to be filed with the Department not later than July 15, 2014. Following approval of the work plan and detailed work plan budget by the Department, two notarized (certified) copies of the CONTRACTOR's certified budget on FDACS Form 13617, entitled "Annual Certified Budget for Arthropod Control" shall be submitted to the Department not later than September 30, 2014. If any changes are made to the Annual Certified Budget for Arthropod Control, a budget amendment on FDACS Form 13613 entitled "Arthropod Control Budget Amendment" must be submitted to the Department. The certified budget shall show all estimated cash carry-over amounts as a beginning cash balance. When the estimated cash carry-over amount in any fund is less than the actual cash carry-over amounts, a budget amendment shall be submitted to account for the additional amount of funds. Budget amendments on FDACS Form 13613, entitled "Arthropod Control Budget Amendment," shall be prepared and submitted to the Department prior to over-expending funds in any account or expending funds in non- budgeted accounts. Budget amendments must be explained by an accompanying request for approval of the changes to be made in the detailed budget. Department approval of the amendment(s) must be received before such expenditures are made. Not later than thirty (30) days after the end of each month (e.g. October reports are due by December 1st), the CONTRACTOR shall submit a monthly financial report to the Department on FDACS Form 13663, entitled "Mosquito Control Monthly Report" for Local Funds and FDACS Form 13650 entitled "Mosquito Control Monthly Report" for State Funds. CONTRACTOR shall submit two (2) copies of its September financial report to the Department not later than sixty (60) days after close of each fiscal year. Copies of reports shall be signed by the program director or person responsible for administration of the program and funds. Any county or district withdrawing from participation in state matching funds under Chapter 388, Florida Statutes, shall continue to submit financial reports as required by Rule SE-13.027(3), Florida Administrative Code, until funds received under this program are exhausted. FDACS-01085 Rev. 06/13 Page 1 of 12 Packet Pg. 627  CONTRACTOR shall complete and submit FDACS Form 13652 entitled "Mosquito Control Monthly Activity Report" for pesticide activity to the Department not later than thirty (30) days after the end of each month (e.g. October reports are due by December 1st). If there is no activity in any given month, CONTRACTOR shall continue to submit monthly reports of accomplishments on the prescribed form to the Department not later than thirty (30) days after the end of each month (e.g. October reports are due by December 1st) stating "NO ACTIVITY". State funds received by CONTRACTOR shall be deposited in a separate depository account from local funds received. Disbursements shall be made on pre-numbered checks or warrants drawn on the separate depository account from the local funds. Local and state funds shall be deposited in banks designated as depositories of public funds in accordance with provisions of Section 658.60, Florida Statutes. All purchases of supplies, materials and equipment by CONTRACTOR shall be made in accordance with the laws governing purchases by boards of county commissioners, except that districts with special laws relative to competitive bidding shall make purchases in accordance therewith. All funds, supplies, and services released to CONTRACTOR here under shall be used in accordance with the detailed work plan and certified budget approved by both the Department and CONTRACTOR. The plan and budget may be amended at any time upon prior approval of the Department. All funds, supplies, and services released on the dollar-for-dollar matching basis shall be used exclusively for an integrated program that provides a combination of mosquito control, source reduction measures, public education, personnel training and certification, mosquito population surveillance, larvicides, adulticides, equipment, and alerts as approved by the Department. State funds shall be payable quarterly, in accordance with the rules of the Department, upon requisition by the Department to the Chief Financial Officer. The Department is authorized to furnish insecticides, chemicals, materials, equipment, vehicles, and personnel in lieu of state funds where mass purchasing may save funds for the state, or where it would be more practical and economical to use equipment, supplies, and services between two or more counties or districts. State and local funds budgeted for the control of mosquitoes shall be carried over at the end of CONTRACTOR's fiscal year, and re-budgeted for such control measures the following fiscal year. No State funds may be placed in a reserve account. · All equipment purchased pursuant to Chapter 388, Florida Statutes, with state funds made available directly to CONTRACTOR shall become the property of the CONTRACTOR unless otherwise provided, and may be traded in on other equipment, or sold, when no longer needed by the county or district. A record and inventory of certain property owned by CONTRACTOR shall be maintained in accordance with Section 274.02, Florida Statues, and recorded on FDACS Form 13666 entitled "Operational Work Plan For Mosquito Control". Surplus property shall be disposed of according to the provisions set forth in Section 274.05, Florida Statutes, with the following exceptions: Serviceable equipment no longer needed by CONTRACTOR shall first be offered to any or all other counties or districts engaged in mosquito control at a price established by the board of commissioners owning the equipment. If no acceptable offer is received within two weeks, the equipment shall be offered to such other governmental units or private nonprofit agencies as provided in Section 274.05, Florida Statutes. FDACS-01085 Rev. 06/13 Page 2 of 12 Packet Pg. 628  The alternative procedure for disposal of surplus property, as prescribed in Section 274.06, Florida Statutes, shall be followed if it has been determined no other county, district, governmental unit, or private nonprofit agency has need for the equipment. All proceeds from the sale of any real or tangible personal property owned by CONTRACTOR shall be deposited in the county's or district's mosquito control state fund account unless otherwise specifically designated by the Department. If CONTRACTOR is carrying out programs for the control of mosquitoes involving the expenditure of state funds, then it shall set up and maintain books and records under a method approved by the Auditor General and be subject to audit by same as provided herein. State funds, supplies, and services shall be made available to CONTRACTOR by and through the Department immediately upon release of funds by the Executive Office of the Governor. Following the determination of funds available, if necessary, the Department shall make an adjustment in amounts of money payable to CONTRACTOR in the last three (3) quarters of the current fiscal year. CONTRACTOR shall be notified of the amount payable to them and if necessary shall amend amounts of state funds budgeted. The Department, upon notifying CONTRACTOR and obtaining its approval, is authorized to transfer equipment, materials, and personnel from one district to another in the event of an emergency brought about by an arthropod borne epidemic or other disaster requiring emergency control. Audits conducted pursuant to Section 215.97, Florida Statutes shall be: (1) performed annually, and (2) conducted by independent auditors in accordance with auditing standards as stated in rules of the Auditor General. Execution of this contract shall serve as CONTRACTOR's acknowledgment that it is subject to Section 215.97, Florida Statutes, and regardless of the amount of the state financial assistance received, the provisions of Section 215.97, Florida Statutes, do not exempt CONTRACTOR, as a non-state entity, from compliance with provisions of law relating to maintaining records concerning state financial assistance to CONTRACTOR or from allowing access and examination of those records by the state awarding agency, the Chief Financial Officer, or the Auditor General. Please Initial This Agreement shall be executed and returned to the Department not later than October 1, 2014. Failure to comply with Chapter 388, Florida Statutes, Chapter 5E-13, Florida Administrative Code and this Agreement may result in loss or termination of funds and/or state approval certification. Intellectual property is subject to the following additional provisions: A. Anything by whatsoever designation it may be known, that is produced by, or developed in connection with this contract shall become the exclusive property of the DEPARTMENT and may be copyrighted, patented or otherwise restricted as provided by Florida or federal law. Neither the CONTRACTOR nor any individual employed under this contract shall have any proprietary interest in the product. With respect to each Deliverable that constitutes a work of authorship within the subject matter and scope of U.S. Copyright Law, 17 U.S.C. Sections 102-105, such work shall be a "work for hire" as defined in 17 U.S.C. Section 101 and all copyrights subsisting in such work for hire shall be owned exclusively by the DEPARTMENT. FDACS-01085 Rev. 06/13 Page 3 of 12 Packet Pg. 629  B. In the event it is determined as a matter of law that any such work is not a "work for hire," CONTRACTOR shall immediately assign to the DEPARTMENT all copyrights subsisting therein for the consideration set forth in the contract and with no additional compensation. C. The foregoing shall not apply to any preexisting software, or other work of authorship used by CONTRACTOR to create a Deliverable but which exists as work independent of the Deliverable, unless the preexisting software or work was developed by Contractor pursuant to a previous Contract with the Department or a purchase by the Department under a State Term Contract. The six digit Department of Management Services' class/group code commodity catalog control number is: 916-330. The Department will pay the CONTRACTOR in arrears as follows: An amount not to exceed $31,540.00 payable in equal quarterly installments upon receipt of required reports submitted to the Department within statutory deadlines. Bills for any authorized travel expenses shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes, governing payments by the State for travel expenses. Authorization for travel expenses must be specified in the paragraph for payments directly above. Bills for services shall be submitted to the Department in detail sufficient for a proper pre audit and post audit thereof. Section 215.422, Florida Statutes, provides that agencies have five (5) working days to inspect and approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the Chief Financial Officer pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, please contact the Agency's Fiscal Section at (850) 617-7200 or Purchasing Office at (850} 617-7181. Payments to health care providers for hospitals, medical or other health care services, shall be made not more than 35 days from the date eligibility for payment is determined, and the daily interest rate is .03333 percent. Transaction Fee: Contractors shall be pre-qualified as meeting mandatory requirements and qualifications and shall remit fees pursuant to section 287.057(22}, F.S., and any rules implementing section 287.057, F.S. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency. The Vendor Ombudsman may be contacted at (850} 413-5516 or by calling the Department of Financial Services' Hotline, 1-877-693-5236. The DEPARTMENT may make partial payments to the CONTRACTOR upon partial delivery of services when a request for such partial payment is made by the CONTRACTOR and approved by the DEPARTMENT. This contract may be cancelled by either party by giving not less than 30 days prior written notice of the cancellation. FDACS-01085 Rev. 06/13 Page 4 of 12 Packet Pg. 630  The DEPARTMENT may terminate this contract at any time in the event of the default or failure of the CONTRACTOR to fulfill any of its obligations hereunder. Prior to the exercise of any remedy provided for herein, the DEPARTMENT shall provide thirty (30) calendar days written notice of default and shall provide the CONTRACTOR the opportunity to cure such failure or default within said thirty (30) day period. Upon the failure or inability to cure, the DEPARTMENT shall have all rights and remedies provided at law or in equity, including without limitation the following: A. Temporarily withhold cash payments pending correction of the deficiency by the CONTRACTOR. B. Disallow all or part of the cost of the services not in compliance. C. Wholly or partly suspend or terminate this contract. The Department of Agriculture and Consumer Services shall have the right of unilateral cancellation for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State Constitution and s. 119.07(1 ), Florida Statutes. The CONTRACTOR must: A. Keep and maintain public records that ordinarily and necessarily would be required by the DEPARTMENT in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the DEPARTMENT provides the records and at a cost that does not exceed the cost provided by the law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the DEPARTMENT all public records in possession of the CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the DEPARTMENT in a format that is compatible with the information technology systems of the DEPARTMENT. Extension of a contract for contractual services shall be in writing for a single period only not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial contract. There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the CONTRACTOR. If initially competitively procured, contracts for contractual services may be renewed on a yearly basis for no more than three (3) years, or for a period no longer than the term of the original contract, whichever period is longer. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract. Renewals shall be contingent upon satisfactory performance evaluations by the DEPARTMENT and subject to the availability of funds. Renewal costs may not be charged by the CONTRACTOR. Exceptional purchase contracts (single source and emergency contracts) pursuant to Section 287.057(3), Florida Statutes, may not be renewed. FDACS-01085 Rev. 06/13 Page 5 of 12 Packet Pg. 631  It is mutually understood and agreed that this contract is: A. Subject to the provisions of Section 287.058, Florida Statutes, and the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature as provided in Section 287.0582, Florida Statutes. B. Subject to the approval of the State Chief Financial Officer (Department of Financial Services). It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is: Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. It is mutually understood and agreed that this contract is: A. Subject to the provisions of Section 287.058, Florida Statutes, and the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature as provided in Section 287.0582, Florida Statutes. B. Subject to the approval of the State Chief Financial Officer (Department of Financial Services). It is mutually understood and agreed that if this contract disburses grants and aids appropriations, it is: Subject to the requirements of Section 216.347, Florida Statutes, a state agency, a water management district, or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The following provisions of A through I are applicable regarding the administration of resources provided by the Department to the Recipient of Federal Funds. Those provisions are applicable if the Recipient is a state or local government or a nonprofit organization as defined in OMS Circular A-133, as revised. A. 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 OMS Circular A-133, as revised. Exhibit 1 to 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 OMS Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with provisions of OMS Circular A-133, as revised, will meet these requirements. B. In connection with these audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. FDACS-01085 Rev. 06/13 Page 6 of 12 Packet Pg. 632  C. 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. In the event that the Recipient expends less than $500,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with 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). D. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by 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 of Agriculture and Consumer Services Division of Administration 509 Mayo Building - 407 South Calhoun Street Tallahassee, Florida 32399-0800 (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, should be submitted to the Federal Audit Clearinghouse) at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 (c) Other federal agencies and pass-though entities in accordance with Sections .320(c) and (D. OMB Circular A-133, as revised. E. Pursuant to Section .320(D, OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letter issued by the Auditor, to the DEPARTMENT at the following address: The Department of Agriculture and Consumer Services 509 Mayo Building 407 South Calhoun Street Tallahassee, Florida 32399-0800 Any reports, management letters, or other information required to be submitted to the DEPARTMENT pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, as revised. G. Recipients, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance with OMB Circular A-133, as revised, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. FDACS-01 085 Rev. 06/13 Page 7 of 12 Packet Pg. 633  H. The Recipient shall maintain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the DEPARTMENT or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department, or its designee, Chief Financial Officer, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. I. In accordance with Section 215.971, F.S., for an agency agreement that provides state financial assistance to a Recipient or Subrecipient, as those terms are defined ins. 215.97, or that provides federal financial assistance to a Subrecipient, as defined by applicable United States Office of Management and Budget circulars, the agreement shall include: a. A provision specifying a scope of work that clearly establishes the tasks that the Recipient or Subrecipient is required to perform; and b. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable must be directly related to the scope of work and must specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. A CONTRACTOR who is a recipient or subrecipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the contract period. Any balance of unobligated funds which has been advanced or paid must be refunded to the DEPARTMENT. Any funds paid in excess of the amount to which the CONTRACTOR is entitled under the terms and conditions of this contract must be refunded to the DEPARTMENT. It is expressly understood and agreed that any articles that are the subject of, or required to carry out, in accordance with Section 287.042, Florida Statutes, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Available products, pricing and delivery information may be obtained by contacting: RESPECT of Florida, 2475 Apalachee Parkway, Suite 205, Tallahassee, Florida 32301-4946, telephone number (850) 877-4816 and fax number (850) 942- 7832. It is expressly understood and agreed that any articles which are the subject of, or required to carry out, in accordance with Section 287.095(3), Florida Statutes, this contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in Section 946.515(2) and (4), Florida Statutes; and for the purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the DEPARTMENT insofar as dealings with such corporation are concerned. The "corporation identified" is Prison Rehabilitative Industries and Diversified Enterprises, Incorporated. Available products, pricing and delivery schedules may be obtained by contacting: PRIDE of Florida, 12425 28th Street North, 3rd Floor, St. Petersburg, Florida 33716, telephone number (727) 572-1987. FDACS-01085 Rev. 06/13 Page 8 of 12 Packet Pg. 634  The CONTRACTOR is informed that 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. The CONTRACTOR shall not discriminate on the basis of race, sex, religion, color, national origin, age or disability and shall comply with all applicable state and federal laws and regulations related thereto, including without limitation, the Americans with Disabilities Act (42 USC 12101 et. Seq.); Section 504 of the Rehabilitation Act of 1973 (29 USC 795); and the Age Discrimination Act of 1975 (42 USC 6101-6107). The CONTRACTOR is informed that the employment of unauthorized aliens by any Contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. The CONTRACTOR is informed that an entity or affiliate who has been placed on the discriminatory vendor list 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. In the event that two or more documents combine to form this agreement between the parties, including future amendments and addenda, and in the event that there are contradictory or conflicting clauses or requirements in these documents, the provisions of the document(s) prepared by the DEPARTMENT shall be controlling. All contracts entered into by the DEPARTMENT or any Division or Bureau thereof, are and shall be controlled by Florida law, contrary provisions notwithstanding. In the event that any clause or requirement of this agreement is contradictory to, or conflicts with the requirements of Florida law, including, but not limited to requirements regarding contracts with Florida's governmental agencies, the offending clause or requirement shall be without force and effect and the requirements of the Florida Statutes and rules promulgated thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties to this contract. FDACS-01085 Rev. 06/13 Page 9 of 12 Packet Pg. 635 The Contract Manager for the Department is Stacey D. Reese and is located at Bureau of Entomolo~ and Pest Control, Mosquito Control Program, 3125 Conner Boulevard, MS-C-41. Tallahassee, Florida 32399: 650. The Contract Manager for the Contractor is_ _ _ _ _ _ _ _ _ _ _ _ _ and is located at Signed by parties to this agreement: DEPARTMENT OF AGRICULTURE AND CONTRACTOR: CONSUMER SERVICES, State of Florida Okaloosa County Mosquito Control S1g ature Signature Director of Administration Title Title Date FDACS-01085 Rev. 06/13 Page 10 of 12 Packet Pg. 636  EXHIBIT- I FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: NOTE: If the resources awarded to the recipient represent more than one Federal program, provide the same information shown below for each Federal program and show total Federal resources awarded. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) - $(amount) COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO TillS AGREEMENT ARE AS FOLLOWS: NOTE: If the resources awarded to the recipient represent more than one Federal program, list applicable compliance requirements for each Federal program in the same manner as shown below. Federal Program: List applicable compliance requirements as follows: I. First applicable compliance requirement (e.g., what services/purposes resources must be usedfor). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program 1, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to he made. The State awarding agency, ifpractical, may want to attach a copy oftlze specifzc law, rule, or regulation referred to. STATE RESOURCES A WARDED TO THE RECIPIENT PURSUANT TO TillS AGREEMENT CONSIST OF THE FOLLOWING: MA TCIDNG RESOURCES FOR FEDERAL PROGRAMS: NOTE: /{the resources awarded to the recipient for matching represent more than one Federal program. provide the same information shown below for each Federal program and show the total State resources awarded for matching. Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number)- $(amount) SUBJECT TO SECTION 215.97, FLORIDA STATUTES: NOTE: lfthe resources awarded to the recipient represent more than one State project, provide the same information shown below for each State project and show total state financial assistance awarded that is subject to Section 215.97. Florida Statutes. · Awarding Agency: Florida Department of Agriculture and Consumer Services Title: MOSQUITO CONTROL (Arthropod Control/Mosquito Control State Aid) Project Amount: not to exceed $31,540.00 CSFA#: 42003 FDACS-01 085 Rev. 06/13 Page 11 of 12 Packet Pg. 637 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: NOTE: List applicable compliance requirements in the same manner as illustrated above for Federal resources. For matching resources provided by the Department of "ABC" for Federal programs, the requirements might be similar to the requirements for tire applicable Federal programs. Also, to the extent that different requirements pertain to different amounts of the non-Federal resources, there may be more than one grouping (i.e., 1, 2, 3, etc.) listed under this category. NOTE: Section .400(d) ofOMB Circular A-133, as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit I be provided to the recipient DFS-A2-CL FDACS-01085 Rev. 06/13 July 2005 Page 12 of 12 Rule 691-5.006, FAC Packet Pg. 638  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Autrey SUBJECT: Redstone Ave transfer of interest to the City of Crestview DEPARTMENT: Public Works BCC DISTRICT: 1 STATEMENT OF ISSUE: The City of Crestview's Director of Public Works, Brona D. "Wayne" Steele, has requested that the segments of Redstone Avenue that lie East of Brookmeade Drive, be transferred to the City of Crestview for the purpose of maintenance and future upgrades of the right-of-way by the city. BACKGROUND: Redstone Avenue was constructed sometime after 1996 by a private contractor and has been maintained by the city of Crestview since that time. A portion of right- of-way was originally deeded to the Board of County Commissioners, however this right-of-way was never formally accepted by the Board. The City of Crestview would like to clarify that they own all interest in the right-of-way along Redstone Avenue and has requested the Board of County Commissioners deed the right-of-way to the City to clarify their ownership. OPTIONS: Approve/Disapprove the requested transfer of right-of-way along Redstone Avenue to the City of Crestview via execution of Quit-Claim deeds. RECOMMENDATIONS: Approve the requested transfer of right-of-way along Redstone Avenue to the City of Crestview by execution of Quit-Claim deeds. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 639 Packet Pg. 640 Packet Pg. 641 Packet Pg. 642 Packet Pg. 643 Packet Pg. 644 Packet Pg. 645 Packet Pg. 646 Packet Pg. 647 Packet Pg. 648 Packet Pg. 649 Packet Pg. 650 Packet Pg. 651  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: October 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Opportunity Inc and Elder Services leased space DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Request the Board consideration and approval of a proposed plan to allow Elder Services to maintain lease in current location at the old Fort Walton Beach hospital and to allow staff to draft lease agreement for Opportunity Inc. to relocate administrative offices to vacant space in the same facility. BACKGROUND: In March of 2012, the county entered into a lease with Elder Services for approximately 6,800 s.f. in the old FWB hospital. Then, in November 2012, the Board approved funding to renovate another section of the facility to relocate Elder Services. Since that time, Elder Services has requested to remain in the current occupied location. Staff was approached by the Executive Director of Opportunity Inc. with a request to use the space previously planned for Elder Services in the old FWB hospital for a desperately needed location for the organization's administrative offices to facilitate expansion of homeless apartments on Lovejoy Road. RECOMMENDATIONS: Staff recommends approval of plan to allow Elder Services to remain in their current location and allow staff to develop a lease agreement for Opportunity Inc. to use space previously planned for Elder Services. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 652