Okaloosa County BOCC — October 7, 2014 — reading text

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