Okaloosa County BOCC — February 18, 2014

Agenda Okaloosa County Board of Commissioners Tuesday, February 18, 2014– 6:00 PM Water & Sewer Administration Building I. County Administrator's Update II. Commissioner's Minute III. Public Comments Related to Current Agenda IV. Public Hearing 1. Alpha Omega Investment FLUM Amendment/Rezoning 2. Request approval of Expansion of Regional Activity Center Boundary and Extension of Trip Vesting Period 3. Request public comment and consideration concerning the addition of a street light at 614 Pelican Drive within the Okaloosa Island MSBU. District: 2. 4. Public hearing for the vacation of a portion of 2nd Avenue and alleyway through Block 2, Port Dixie in Shalimar V. Visitor 1. Request approval of proclamation recognizing the 125th Anniversary of Florida Public Health and Liza Jackson as Public Health Hero in Okaloosa County. 2. Representative from The Frazer Lanier Company, Inc to present a request to the Board for assistance in obtaining industrial bonds for Auburn Water Systems. 3. Request approval of Proclamation recognizing the Distinguished Young Women’s Day in Okaloosa County in Honor of Natalie Katherine Lawson VI. Consent Agenda 1. Request approval of First Amendment to World Fiber Technologies, Inc. Contract C10-1838-IS. 2. Request approval of final payment on CCI Systems, Inc. Contract C13-2034-IS 3. Request approval of the Eglin AFB ARFF Development Contract Revised: 2/13/2014 12:06 PM Page 1 of 4 Regular Meeting (South) Agenda February 18, 2014 4. Request approval of and authorize the Chairman to execute a Proclamation designating May 4-10, 2014 as "Drinking Water Week" in Okaloosa County. 5. Request approval of and authorize the Chairman to execute a Proclamation declaring the month of April as "Water Conservation Month" in Okaloosa County. 6. Request approval for a Qualified Beach Vendor Certificate submitted by Destin Yoga for the 2014 calendar year. District: 5 7. Request approval of a Special Event Permit to utilize a county beach area on Okaloosa Island near the Boardwalk for a five day Volleyball Tournament to be held April 23 - 27, 2014 from 9:00 a.m. - 5:00 pm each day, sponsored by Southern Events Management, Inc. District: 2. 8. Request approval to Award Contract to Insituform Technologies for Cured in Place Stormwater Pipe Rehabilitation (RFB #RD 14-14) 9. Request approval of the Re-appointment of Jeff Linn and Joel Richardson to the Electrical Competency Board 10. Request approval of the Re-Appointment of David Cummins to the Plumbing Competency Board 11. Request approval of the Re-Appointment of David Galliard, Roger Casey and Lee Jackson to the Mechanical Competency Board 12. Request approval of the Re-appointment of Skip Royster to the Construction Competency Board 13. Approval of Budget Resolutions & Transfers 14. Request approval of Okaloosa County Transit Task Order for City of Crestview funding and General Revenue to match City of Crestview funding. 15. Request approval to Award the bid for Repair and Painting Countryview and Bluewater Tanks (RFB # WS 24-14) 16. Seeking Authorization to Auction Surplus Items. 17. Seeking Board Approval to Purchase Two (2) 14 Cubic Yard Heavy Duty Dump Trucks 18. Approve Contract with Bill Smith Electric for Electric Manhole Rehabilitation (RFB # WS 03-14) 19. Award and Sign Contracts for Network Cabling and Repair (RFB# IS 17-14) 20. Requesting Board approval and Award of Bid for Reroofing Tourist Development Department Welcome Center (RFB # TDD 16-14) Okaloosa County Board of Commissioners Page 2 Printed 2/13/2014 Regular Meeting (South) Agenda February 18, 2014 21. Requesting approval to Award of Bid for Biosolids Removal & Transportation (RFB #WS 21-14) 22. 2014 Federal Transit Administration (FTA) Certifications and Assurances 23. Request approval to solicit quotes in lieu of bids for the Cell Phone Waiting Area Parking Lot project at Northwest Florida Regional Airport 24. Request approval of Resolution by the Okaloosa County Board of County Commissioners supporting the widening of US 98 from County line to Airport Road in Destin 25. Request approval of minutes for the January 7th & 21st 2014 BCC Meeting. 26. Request Approval to Solicit Proposals for Airport Leased Vehicles 27. Request approval of Resolution by the Okaloosa County Board of County Commissioners supporting legislation to control population of lionfish in the Gulf of Mexico. 28. Request the Board approve Reimbursement Resolution for debts incurred as part of construction projects. 29. Request approval of Baker Landfill - 2014 Semiannual Sampling and Reporting 30. Request approval of Polyengineering, Inc. Task Order 4 VII. Department Business A. Elliot Kampert/Growth Management 1. Request Approval of Purchase of Replacement Public Transit Vehicles: Two (2) 29’ Cutaway Buses for Fixed Route, Thirteen (13) 23’ Cutaway Buses for Fixed Route, Four (4) 23’ Cutaway Buses for Paratransit Transit Door-to- Door Service 2. Request approval of setting public hearing on March 18 for potential termination of Transit Route 33 B. Ed Schroeder/Tourist Development 1. Request approval of Horizons Burning Up The Beaches Car Show 2. Request approval of Peter Mayer Task Order 129 3. Request approval of Interlocal Agreement for Beach Rescue and Transport Services Okaloosa County Board of Commissioners Page 3 Printed 2/13/2014 Regular Meeting (South) Agenda February 18, 2014 4. Request approval of Peter Mayer Task Order 130 C. Jeff Littrell/Water & Sewer 1. Request approval to advertise and hold a public meeting to discuss and to vote on approval for OCWS to self perform construction of the Newcastle Area Water System Improvements Project D. Sunil Harman/Airports 1. Request approval of NWFRA Police Station Contract E. John Hofstad/Public Works 1. Request approval of Addendum #3 to Hazardous Waste Disposal Contract 2. Request approval to provide 10 loads of clay to the City of Fort Walton Beach for their baseball fields. District: 2,3,4 3. Emerald Cost Wildlife Refuge is formally requesting Board consideration to extend the construction provision for property leased by the Board of County Commissioners on Okaloosa Island 4. Proposed in house Beach Cleaning Services to be performed by County Public Works Parks Division Staff F. Donald Turner/Facility Maintenance 1. Request Board consideration to renew the lease with Elder Services for the space currently leased to them for a five year term. Dist: all 2. Request Board authorization to enter negotiations with the top ranked design firm that submitted proposals on the Sheriff's new Shalimar building. Dist: all G. Kay Godwin/Human Resources 1. Update and request guidance on County Attorney recruitment process. VIII. Public Comments Okaloosa County adheres to the Americans with Disabilities Act and will make reasonable accommodations for access to this meeting upon request. Please call the County Administrator’s Office at (850) 651-7515 to make a request. For Hearing Impaired, Dial 1-800-955-8771 (TDD), and 1-800-955-8770 (Voice). Requests must be received at least 48 hours in advance of the meeting in order for Okaloosa County to provide the requested service. Okaloosa County Board of Commissioners Page 4 Printed 2/13/2014  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Alpha Omega Investment FLUM Amendment/Rezoning DEPARTMENT: Growth Management BCC DISTRICT: 5 PUBLIC HEARING: Consideration of a request changing the use of land submitted by Natalia Sevciuc as agent for Alpha Omega Investment Union, LLC relating to property located at 1445 Pine Street, Niceville. The request is to change the Comprehensive Plan Future Land Use Map (FLUM) designation for the property from Low Density Residential (LDR) to Commercial (C), or a more restrictive FLUM designation. If the FLUM amendment is approved, request to rezone the property from Residential - 1 (R-1) district to General Commercial (C-3) district, or a more restrictive zoning district. Property contains .43 acres, more or less. STAFF FINDINGS: • The property was designated as “Commercial” on the 1990 FLUM. • The property was subsequently designated as Low Density Residential (LDR) when the FLUM was revised in 2003 • The property had “split” zoning with BG in the front and AA in the rear prior to May, 2010. • The BG zoning district remained undisturbed until May, 2010 at which time the zoning map was changed to reflect the FLUM. The property was then changed to R-1 to make it consistent with the LDR FLUM designation. • The property abuts parcels bearing the Commercial FLUM designation and C-3 zoning on three sides. PUBLIC COMMENT/OPPOSITION: None as of the BCC agenda deadline (February 12, 2014). PLANNING COMMISSION: To be announced. MILITARY REPRESENTATIVE: To be announced. RECOMMENDATION: It is recommended that the Board consider the facts presented herein, the Planning Commission recommendation as will be provided during the public hearing, as well as any facts that may be presented at the public hearing, and then decide whether or not to adopt the requested FLUM amendment and rezoning by separate ordinances. RECOMMENDED BY: Packet Pg. 5 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 6  ATTACHMENT - A 24-1S-22-223A-000A-0030 NICEVILLE VALPARAISO BLUEWATER EGLIN BAY SUBJECT PROPERTY SHALIMAR FORT WALTON BEACH DESTIN Legend : Roads Location Map Packet Pg. 7  ATTACHMENT - B 24-1S-22-223A-000A-0030 PINE ST SUBJECT PROPERTY H ST W Y NE 20 E PI Legend Parcel Lines Aerial Photo : Packet Pg. 8  ATTACHMENT - C 24-1S-22-223A-000A-0030 MOBILE HOME VACANT COMMERCIAL 0.378964 0.346437 PINE ST VACANT COMMERCIAL SINGLE FAMILY 0.408627 0.443504 VACANT 0.103442 SUPERMARKET VACANT/COMM/XF 0.518287 1.220071 STORY H W 9 Y 20 E PINE ST Existing Land Use Map : Packet Pg. 9  ATTACHMENT - D 24-1S-22-223A-000A-0030 LDR PINE ST SUBJECT PROPERTY C H W Y 20 E ST E PIN Legend C LDR Future Land Use Map : Packet Pg. 10  ATTACHMENT - E 24-1S-22-223A-000A-0030 PINE ST R-1 SUBJECT PROPERTY C-3 H W Y 20 E ST E PIN : Legend R-1 C-3 Zoning Map Packet Pg. 11  ATTACHMENT - F 24-1S-22-223A-000A-0030 MU PINE ST SUBJECT PROPERTY C H W Y 20 E ST E PIN Legend ) Commercial (C) Future 1990 Land Use Map : Packet Pg. 12  ATTACHMENT - G 24-1S-22-223A-000A-0030 LDR PINE ST SUBJECT PROPERTY C H W C Y 20 E Legend C LDR Proposed Future Land Use Map : Packet Pg. 13  ATTACHMENT - H 24-1S-22-223A-000A-0030 PINE ST R-1 SUBJECT PROPERTY C-3 C-3 H W Y 20 E STE PIN Legend : C-3 R-1 Proposed Zoning Map Packet Pg. 14  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Mid Bay Regional Activity Center Amendments DEPARTMENT: Growth Management BCC DISTRICT: 5 - Commissioner Windes STATEMENT OF ISSUE: Decide whether to expand the proposed Mid-Bay Regional Activity Center BACKGROUND: The 187.1 acre Mid-Bay Regional Activity Center (RAC) was approved by the Board of County Commissioners on September 12, 2000, based on findings that the then-vacant land was suitable for high-intensity development, and was served by adequate existing and planned infrastructure. As the attached drawing (RAC Ordinance Exhibit A) shows, the RAC is bounded on the north by Choctawhatchee Bay, on the east by the Regatta Bay subdivision, on the south by US Highway 98, and on the west by State Road 293, Destin Middle School, and the previously permitted Mid-Bay Marina DRI. The creation of regional activity centers is governed by Section 28-24.014 of the Florida Administrative Code. If an area is designated as a regional activity center, the thresholds for which a proposed development would be subject to development-of-regional impact review are increased. This was done to expedite review. Regional activity centers must be reviewed and approved by the Florida Department of Economic Opportunity as well as other state review agencies whose interests are affected. As of this writing, the proposed RAC expansion has been reviewed by the Florida Department of Economic Opportunity, Florida Department of Transportation, West Florida Regional Planning Council, and the Mid-Bay Bridge Authority all of whom have provided responses expressing no objections (see attachments). The City of Destin has participated in the County's review of the expansion and has provided the attached letter of no objection to the expansion. The City will be involved in the review of any development within the RAC as well as any revisions to the Infrastructure Agreement. Following the creation of the RAC in 2000, the County and Developer entered into an infrastructure agreement to address the roads that would be needed to support development resulting from the RAC. Since that time, the developer, Okaloosa County, and the State coordinated to complete major intersection improvements at the intersection of Highway 98 and SR 293. In addition, the developer completed an internal network of roads that are parallel to, and relieve congestion on, SR 293 and Highway 98. In recognition of the developer’s contributions, the infrastructure agreement vests a number of vehicle trips for development in the RAC boundary. This vesting period runs until September 2015. Packet Pg. 15 Development within the RAC to date includes the Destin Commons shopping center which is currently developing an additional 100,000 square feet, for a total of approximately 500,000 square feet of commercial retail, restaurants, and entertainment venues; a Lowe’s hardware store; and a Rooms-to-Go furniture dealer. The latter are located on parcels to the east of Destin Commons along Highway 98. The northern part of the RAC, known as Turnberry Harbour Planned Unit Development (PUD), was approved for residential condominiums and related recreational and commercial development in 2006 by way of two PUD ordinances, 06-03, and 06-50. The two PUD’s were combined into a single PUD in Okaloosa County Ordinance 2008-14. The approved development is as follows: Phases I and II consisting of 990 condominium units in 14 buildings ranging in height from 75 to 200 feet; a private membership club of approximately 25,000 square feet with a pool and tennis courts. The PUD also included an entry gatehouse of approximately 1,000 square feet, a modular office of approximately 2500 square feet, and an office building of 12,290 square feet. The proposed changes to the RAC would add approximately 23 acres, all of which are described on Exhibit A to the proposed ordinance. Only two parcels, the Mid-Bay Marina in the northwest corner, and Parcel E on the farthest north-eastern part of the RAC, are proposed for development as enumerated, below. However, amendment of the RAC does not grant approval for any of the proposed uses which must still undergo development review and receive all requisite approvals (including concurrency and all other provisions of the Land Development Code): 1. The Mid-Bay marina DRI consists of 12.94 acres, was approved as a DRI on December 21, 1999. A summary of the completed and remaining development is attached. The applicant has proposed to rescind the DRI development order and incorporate the property and remaining vested development into the Amended Unified Turnberry Harbour PUD. This would be a separate action from the proposed RAC expansion. 2. Parcel “E” consisting of 5.99 acres is proposed to become part of 10.21 acres known as Phase III of the Turnberry Harbour condominium development. The PUD amendment proposes to add 150 condomium units in Phase III to be developed in 3 to 5 buildings with a maximum height of 89 feet. The Phase III parcel is planned to be compatible internally with previously approved development, and with neighboring existing development, and will be subject to concurrency requirements. 3. The remaining five parcels to be added to the RAC total 3.9 acres. They include one 2.23 acre parcel consisting of the existing Legendary Marina Drive roadway. The developer proposes to add parking along the roadway to be shared with the Destin Middle School. The other five parcels are less than 1 acre. No significant development is proposed for these parcels. Packet Pg. 16 It should also be noted that, in addition to adding the above-described properties to the RAC, the attached ordinance also extends the previously mentioned vesting period for an additional 20 years or until the trips are used up, whichever comes first. If the Board approves the proposed expansion of the RAC, the developer will submit a follow-up Comprehensive Plan amendment that will illustrate the location of the RAC on the Future Land Use Map, along with a text amendment that will establish a policy or policies within the Comprehensive Plan to address the RAC. OPTIONS: The Board can either approve, not approve, or delay action on the expansion of the Mid-Bay Regional Activity Center. RECOMMENDATIONS: It is recommended that the Board consider the facts presented herein as well as any facts that may be presented at the public hearing, and then decide whether or not to adopt the ordinance expanding the boundaries of the Mid-Bay Regional Activity Center and extending the vesting period of the banked trips. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 17 Packet Pg. 18 Packet Pg. 19 Packet Pg. 20 Packet Pg. 21 Packet Pg. 22  Florida Department of Transportation RICK SCOTT District Three Planning Department ANANTH PRASAD, P.E. GOVERNOR 1074 Highway 90 SECRETARY P.O. Box 607, Chipley, FL 32428 Phone: (850) 638-0250 February 12, 2014 Mr. Elliot Kampert, AICP, Director Okaloosa County Department of Growth Management 1804 Lewis Turner Boulevard, Suite 200 Fort Walton Beach, Florida 32547 RE: Mid-Bay Regional Activity Center Dear Mr. Kampert: In response to your letter dated January 21, 2014 related to Okaloosa County’s request for the Department to review a proposed addition of land to the Mid-Bay Regional Activity Center (RAC), we have no comments at this time. The Department understands that the Department of Economic Opportunity (DEO) has also been requested to review information regarding the expansion plans and has determined that the information contained in your letter appears to be sufficient for DEO to determine that the project meets the criteria for the RAC designation and is consistent with and supported by the adopted Okaloosa County Comprehensive Plan. It is also understood that a comprehensive plan amendment to recognize the Mid-Bay RAC expansion will be submitted in the future to add the RAC to the Okaloosa Future Land Use Map. We look forward to receiving the amendment and if we can be of father assistance, please feel free to give me a call at (850) 330-1530. Sincerely, Virgie Bowen, AICP Growth Management Specialist Vb/ Copies: Ray Eubanks – DEO Ray Kirkland – D3 Jim De Vries – D3 Jim Wood – CO www.dot.state.fl.us Packet Pg. 23  ORDINANCE NO. 14-_____ AN ORDINANCE AMENDING THE MID-BAY REGIONAL ACTIVITY CENTER BOUNDARY; EXTENDING THE EXPIRATION DATE OF THE RAC INFRASTRUCTURE AGREEMENT; PROVIDING CONDITIONS; REPEALING ALL ORDINANCES OR PROVISIONS THEREOF IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 21, 1999, Okaloosa County approved a Development of Regional Impact (“DRI”) Development Order for the Mid-Bay Marina DRI on approximately 13 acres located at the southern end of the Mid-Bay Bridge, east of SR 293, authorizing the construction of 780 dry boat storage slips with associated service, retail, and restaurant development; and WHEREAS, on September 12, 2000, Okaloosa County approved the MID-BAY REGIONAL ACTIVITY CENTER (“RAC”) encompassing approximately 187 acres surrounding, but not including, the Mid-Bay DRI, extending east along the bay shore and south along SR 293 to US Highway 98, (hereafter referred to as “the RAC property”) declaring said area to be served by adequate existing and planned infrastructure and suitable for high-intensity development; and WHEREAS, the owners of the RAC property also desire to add to the RAC property 10.21 acres of land on the northeast side of the RAC identified by property identification numbers are 002S-22-0000-0001-A750, 002S-22-0000-0001-A740, 002S-22-0000-0001- A73A, and a portion of 002S-22-0000-0001-A730, and a .42 acre parcel on the southeast side of the RAC; and WHEREAS, and all required transportation mitigation for development in the original RAC, consisting of a north-south road parallel to SR 293, and an east-west extension of Commons Boulevard, has been completed; and WHEREAS, the Mid-Bay Marina DRI development is partially completed, and is continuing, and the property owners have requested that the Marina property and additional small parcels south of the DRI and contiguous to the RAC be incorporated into the RAC; and WHEREAS, incorporating the above-described property into the RAC will advance the goals of Okaloosa County’s Land Development Code to: a. Promote more efficient and economic uses of land, 1 Packet Pg. 24  b. Lower development and building costs by permitting smaller networks of utilities and streets and the use of more economical building types and shared facilities, c. Provide for open spaces and common areas and provide usable and suitably located recreational facilities within the development, d. Allow the controlled development of land uses most suitable to the proposed site and surrounding neighborhoods, and WHEREAS, for the above-stated reasons, it is in the public interest the above- described properties be incorporated into the RAC. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA. Section 1. The Mid-Bay Marina DRI, consisting of approximately 13 acres, and certain other small parcels and an easement for signage, consisting of approximately ten (10) acres beginning at the southern boundary of the marina, extending along Legendary Marina Drive, currently zoned “MU,” and other small parcels and a signage easement, all of which are depicted on Exhibit “A” hereto, are hereby incorporated into the RAC. The remaining vested DRI development shall continue to be governed by the DRI Development Order. Section 2. Approximately ten (10) acres on the northeast side of the RAC identified by property identification numbers 00-2S-22-0000-0001-A750, 00-2S-22-0000-0001-A740, 00-2S-22-0000-0001-A73A, and a portion of 00-2S-22-0000-0001-A730, and a small parcel of .42 acres on the southeast side of the RAC, all of which are depicted on Exhibit “A” and are currently zoned for mixed use, are hereby incorporated into the RAC. At this time development orders have not been applied for, nor has development been approved for these properties. Section 3. The boundaries of the Mid-Bay Regional Activity Center, as hereby amended, include a total of 209.4 acres, all as described on Exhibit “A” hereto. Section 4. The RAC Infrastructure Agreement, dated September 26, 2000, providing for roadway improvements to serve the Mid-Bay Regional Activity Center, reserved concurrency trips to the developer and its successors and assigns for fifteen (15) years. Such vesting is hereby extended for twenty (20) years, until September 26, 2035, or until all remaining trips reserved to the developer under the Agreement are used, whichever occurs first. It is further agreed that (1) development of the remaining vested DRI land uses shall not reduce the trips reserved under the Infrastructure Agreement and that development within the DRI boundary shall be subject to the terms and provisions of the DRI approval; and (2) the trip generation calculation for development approved subsequent to the date this ordinance is adopted, in Turnberry Harbour, Destin Commons, or the Mid-Bay Marina, shall use the ITE trip generation rates current at the time of the development application. Nothing herein shall be construed to exempt the developer or its 2 Packet Pg. 25 successors and assigns from the provisions of the County’s concurrency programs which will be applied to any development within the RAC over and above the development mitigated by the trip bank established pursuant to the Agreement of September 26, 2000, using the ITE trip generation rates current at the time of development application. Section 5. Consistent with Policy 10.19 of the Future Land Use Element of the Okaloosa County Comprehensive Plan, the County and the developer or its successors or assigns shall amend the RAC Infrastructure Agreement dated September 26, 2000 to identify and mitigate any development approved subsequent to the date this ordinance is adopted over and above the development mitigated by the trip bank established pursuant to the Agreement of September 26, 2000. Such amendment shall be made prior to the County’s approval of any development that would result in any trips in excess of the number of trips vested per the September 26, 2000 Agreement. Section 6. This Ordinance, and any ordinance, resolution, or agreement, or provision thereof, that implements this Ordinance, shall supersede any other Okaloosa County Ordinance, resolution, agreement, or provision thereof, that conflicts with any provision of this Ordinance or any implementing ordinance, resolution, agreement, or provision thereof. Section 7. Severability. If any provision of this ordinance is declared invalid in any administrative, quasi-judicial, or judicial proceeding, all remaining provisions of this Ordinance shall remain in full force and effect. Section 8. Effective Date. This Ordinance shall take effect on the date it is executed, unless a later effective date is provided by law. DULY PASSED AND ADOPTED in regular session this ____ day of ___________________, 2014. BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: __________________________________________ Charles K. Windes, Chairman ATTEST: _________________________________ Don Howard Clerk of Circuit Court 3 Packet Pg. 26 Packet Pg. 27 Packet Pg. 28 Packet Pg. 29  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Public Hearing - Okaloosa Island MSBU Additional Street Light DEPARTMENT: Public Works BCC DISTRICT: Two STATEMENT OF ISSUE: A Public Hearing to receive comments concerning the addition of a street light at 614 Pelican Dr., Ft. Walton Beach, within the Okaloosa Island Municipal Services Benefit Unit (MSBU). BACKGROUND: A request for an additional street light was made by Ann Forrest who resides at 614 Pelican Dr. to the Okaloosa Island MSBU Committee. The request was presented, discussed, and approved by the Okaloosa Island Leaseholders Association at a meeting held November 11, 2013. Due to existing Gulf Power infrastructure at the requested site there are no installation fees. The monthly fee of $6.04 will be absorbed by the MSBU and no additional assessment will be required. Pursuant to Ordinance No. 77-30, the governing body of the Okaloosa Island Street Lighting District is the governing Board of County Commissioners: “The business and affairs of the District shall be conducted and administered by the current duly elected Board of County Commissioners of Okaloosa County, Florida, who shall hold the same offices relative to governing the affairs of the District as are held in governing Okaloosa County.” A request for the public hearing was approved by the Board of County Commissioners on January 21, 2014. The public hearing has been advertised in the Northwest Florida Daily News. OPTIONS: Approve/Disapprove the request for the additional street light. RECOMMENDATIONS: Request Board approval and authorization for the Chairman to sign the contract with Gulf Power for the installation of the new street light at 614 Pelican Dr., Ft. Walton Beach which is within the Okaloosa Island MSBU. RECOMMENDED BY: APPROVED BY: Packet Pg. 30 Ernie Padgett, County Administrator Packet Pg. 31  10-7-13 To: Okaloosa Island Leaseholders Association and Okaloosa Island MSBU Board of Directors I am writing this letter to request a street light on Pelican Drive between 613 and 614 Pelican Drive. There is already a power pole there. Two numbers are on the pole and I do not know which is the actual Pole Number, so I am including both. 33225 51476 and a small metal tab with P 172776. This is a Very Dark corner as the closest light to the west is 160 feet away. The closest light to the east is at least 400 feet around a curve on a cul de sac. (that is 5 lots away). There are 4 permanently occupied houses in this area with one only seasonally occupied. There are 3 widows living here and it is very dark We would appreciate more light – especially with the influx of coyotes!!! Please forward this request to Gulf Power and permit an installation under the MSBU. Ann Forrester 614 Pelican Drive Ft. Walton Beach, Florida 32548 Packet Pg. 32 Packet Pg. 33 OKALOOSA ISLAND LEASEHOLDERS ASSOCIATION MINUTES BOARD MEETING: November 11, 2013 LOCATION: Okaloosa Island Fire Station Meeting Room I. CALL TO ORDER: The meeting was called to order at 7:03 pm by President Paula Hudson. Commissioner Dave Parisot led the Pledge of Allegiance. Thirty-five (35) people attended, twenty-seven (27) people signed the attendance sheet. (Attachment 1) II. ROLL: Board members present were Paula Hudson, Desley Parker, Jim Simpson, Kathy Foster, Trisha LaBahn and Vince Bruner. III. ANNOUNCEMENTS: President Paula Hudson welcomed all those present and requested all speakers state their name, address and if they were members of the Leaseholders Association. IV. GUEST SPEAKERS: Dave Parisot /Okaloosa Co. Commissioner –District 2 Topics discussed were as follows: - Flooding on Santa Rosa Blvd.(SRB): The earlier work being done along SRB was interrupted due to work required in other parts of the county. Work is expected to begin again in the coming months. The County is expected to work with property owners and condo associations to complete the swales along SRB. - Block 14: Mr. Parisot unveiled the most recent proposed rendition of Block 14 by Genesis. An addition of expanded parking was pictured encroaching upon the natural area. Mr. Parisot and those present felt that the additional parking, which includes approximately forty (40) parking spaces, would adversely affect the wildlife. Commissioner Parisot planned to vote against the proposed additional parking at the next BOC meeting on November 19. Commissioner Parisot has heard that the creation of a Veterans Monument had also been suggested. Given the number of Veterans Monuments that already exist in the area, it would be nice to keep the area in a more natural state. IE: A Serenity Park, a place to enjoy the wildlife and gather your thoughts. The park would be dedicated to the Veterans of Okaloosa County. - Marler Park Boat Ramp: Three boat ramps are on site. When the project is completed, there will be twenty (20) additional parking spaces with 24 hour access allowed for the boat ramps. Due to design issues, the additional parking will be near the Convention Center, but will tie in to the boat ramp area. Access to the main area of the park will remain restricted to daylight hours only. - Wildlife Refuge Center: Commissioner Parisot met with Matt McGhee and Steve Christopher last week about moving a registered historical building on to the Block 14 location of the Emerald Coast Wildlife Refuge Center. The building would need to be brought up to code and approved and/or permitted by the Okaloosa Island Architectural Committee, the County Commissioners, the Florida EPA and the Army Corp of Engineers, etc. Dave Parisot wanted to assure those present that a situation like the Summer House in Navarre would “not” happen. Matt McGhee said the Center was in the early stages of planning for the move and would only proceed if the move was feasible Packet Pg. 34  and all state and federal requirements could be met. Mr. McGhee noted that the building has 4500 square feet and would be a great asset to the Emerald Coast Wildlife Refuge Center. In closing, Dave Parisot wanted Island residents to know that he will do everything in his power to keep the promises made to residents and the Audubon Society when the leases were signed for Block 14. Some of the questions asked of Commissioner Parisot were: When was the additional parking added to the plan? Which County Commissioners support the additional parking? Was the 1961 Park Dedication plan being followed? Was it legally binding? As to the covenants for Okaloosa Island, was the space being used as stipulated? Per Commissioner Parisot, he was unable to answer some of the questions because of Sunshine Laws. He did say that he thought there should be discussion about the expanded parking at the Board of Commissioners Meeting. Kathy Foster expressed concern that the once beautiful 50 acres that make up Block 14 were being picked apart by different entities. Some were concerned about the wetlands and the amount of paved area in the park and the impact on the wildlife. Commissioner Parisot ended his presentation with additional information about the feral cats that had been living at Marler Park. The cats have being trapped and relocated. He also reminded those present about the cost sharing with the new hotel being built on the Military land on Hwy 98 for a new and larger lift station. V. MINUTES: Mike Mitchell made the motion to accept the October minutes as printed in the November issue of the OIL Lantern. The motion was seconded by Trisha LaBahn. The minutes were accepted and filed. (Attachment 2 – page 3) VI. TREASURER’S REPORT: Jim Simpson gave the report (attachment 3) Assoc. Discretionary Fund Balance $ 31,640.82 Beautification Fund Balance $ 1,615.68 Total Funds Balance as of Nov. 11, 2013 $ 33,256.50 (These figures are a summary only. Attachment 3 contains the full report.) Mr. Simpson, who is also the Newsletter Editor, requested reimbursement for the purchase of stamps to mail the October 2013 of the OIL Lantern. Total reimbursement requested was $19.32. Kathy Foster made the motion to accept the Treasurer’s report and to approve the requested reimbursement. The motion was seconded by Mike Mitchell. The motion was unanimously approved. Per Jim, 230 members have renewed their OILA memberships to date. . VII. COMMITTEE REPORTS: A. Architectural Committee: The report is in the November issue of the OIL Lantern. (Attachment 2 - page 2) B. Beautification Committee: Kathy Foster: Pine straw has been added to the base of the palm trees in the medians. The expense is being shared with the Island Garden Club. Joan Bomar, Connie Herring and Kathy Foster worked in the Island Welcome Triangle over several days. A bid request has gone out to work on the first median. The century plant in front of the Azure has been removed. Per President Hudson, the committee is still working with property owners to improve and clean their properties. The property owner on Dorado with the concrete pedestal foundation is working with the committee and wants to remove it. He does plan on building on the lot in the future. He has given permission to trim the palm trees that are hanging over the street. Mr. Street on Sailfish is making progress on his property. The committee is Packet Pg. 35 hopeful that the property owner on Tropic will remove the yard debris on her property. Contact President Hudson with any property covenant concerns. A copy of the Island covenants can be viewed on the OILA website. We should all be proud of how “Our Island “ looks. C. Membership Liaison: Jim Simpson: 264 members. (Attachment 3) D. Website: Bob Seitz: No activity. E. Boat Basin: Cathy Taylor/Treasurer: No activity/the boat basin report will be next month. F. Street Lighting MSBU: Maryl Bednar was unable to attend, but did send her report to Paula Hudson. The report is as follows: - No Financial Report since September 30, 2013. She will request the information from the County for the December meeting. - A letter of request for an additional streetlight on Pelican Drive was requested at the October OILA meeting. The request needs to be sent to the BCC via the liaison, Ms. Allen with Public Works Dept. The BCC has to approve the request and have Gulf Power install the light. -Subcommittee requests addition of a committee member to replace the loss of our good member, Paul Foster. Paul was an original member of this committee. From the beginning, he was the member with the most knowledge of accounting. He worked very hard helping to figure out just how our account was being kept by the County and where there were deficiencies and errors. He was our financial advisor and Mike Mitchell has been our guidance through his actions to establish the MSBU. His knowledge and Paul’s have made this a successful endeavor to make sure the property owners have a better accounting of these funds. -Please report burned out streetlights. The procedure has been printed in the OIL Lantern several times, but very few ever seem to notice or take responsibility. One very loyal resident reports many of the burned out lights, then follows up with Gulf Power. Obtain the exact address and email lightsout@gulfpower.com . Verify the light in not a private property light. The account number is 28920-58618. Advise the employee this is an Okaloosa Island MSBU light. Some of the light poles have an identity number, use that if it helps. (This is a summary only-Attachment 4 contains the complete report) Kathy Foster made the motion to approve a request for an additional streetlight on the east side of Pelican, the motion was seconded by Desley Parker. The motion was approved. VIII. OLD BUSINESS: A. Coyotes: Jim Simpson has been unable to obtain coyote traps. He is waiting for a call back from a professional trapper. IX: NEW BUSINESS: A. Okaloosa Island Image: President Hudson was disturbed by a Spout-Off in the newspaper suggesting that Destin put the new proposed strip club on Okaloosa Island “where it would fit better”. She wanted to know what we could do to better improve the image of Okaloosa Island. After all, no one would suggest putting a strip club on Holiday Isle or in south Walton. Other communities have catchy promotions, why not Okaloosa Island? Dave Miller thought that the County did not do enough in making the Island a more beautiful place and several of those present did not think that Island residents should be doing the work in the medians. Several voiced concerns that the amount of tax revenue taken off of Okaloosa Island did not fairly match the amount the County spends in maintaining the Island. Vince Bruner brought up the idea of having Packet Pg. 36  Okaloosa Island designated as a CRA community. (Community Re-Investment Act) Mr. Bruner felt that Okaloosa Island could qualify and could, once the designation was made, keep more of the tax revenue collected, for use on the Island. A CRA designation could possibly make Federal Grant money available. Per Vince Bruner, the County would still get the tax revenue they get today, but any additional revenue received due to the property values rising, would have to be spent on Okaloosa Island. In his opinion, this may be the only way to get “our fair share” of the tax revenues collected. Many of those present felt there were definitely inequities in what the County was ”spending” on Okaloosa Island and “collecting” on Okaloosa Island. Vince Bruner made the motion to request the Board of County Commissioners recognize Okaloosa Island as a CRA community. Kathy Foster seconded the motion. The motion was approved. B. Speaker in December: Ben Anderson has been invited to speak about taxes. C. New Logo: Desley Parker shared the new area logo. FORT WALTON BEACH– DESTIN- OKALOOSA ISLAND….THE HEART OF THE EMERALD COAST X. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:15 PM. Packet Pg. 37 Packet Pg. 38 Packet Pg. 39 Packet Pg. 40 Packet Pg. 41  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Vacate a portion of 2nd Ave in Port Dixie DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: Thomas Watkins of Watree Construction and Land Developing, LLC is petitioning the Board of County Commissioners to vacate a portion of 2nd Avenue right- of-way and a portion of the East-West alleyway through Block 2 of the Port Dixie Subdivision in the Shalimar area. BACKGROUND: Watree Construction is petitioning the Board of County Commissioners to vacate a portion of 2nd Avenue and the alleyway adjacent to their property. The vacation request is for the right-of-way adjacent to Lots 15 through 18, Block 2, as platted Townsite of Port Dixie. The requested area for vacation along 2nd Avenue is 20' x 120'. The request area along the unopened alleyway is also 20' x 120', which is the entire width of the alley. Watree Construction is aware that only 1/2 of the alleyway would become their property and the property owners that would receive the other half have no objection to the request. All normal stipulations of vacated rights-of-way will remain in place. See attached photos for reference. OPTIONS: Approve/Disapprove the petitioners request to vacate said right-of way. RECOMMENDATIONS: Approve the right-of-way vacation as requested by Thomas Watkins of Watree Construction and Land Developing. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 42 Packet Pg. 43 Packet Pg. 44 Packet Pg. 45  1175’ Lot 15 thru 18, Blk. 2 Port Dixie Watree Prop Pipe Crossing at Lake Clyde 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 Packet Pg. 58 Packet Pg. 59  RESOLUTION NO. 14 - ________ WHEREAS, Thomas Watkins, Watree Construction and Land Development, LLC petitioned the Board of County Commissioners of Okaloosa County, Florida, to vacate a portion of 2nd Avenue and a portion of the alleyway in Block 2, in the Townsite of Port Dixie located in Shalimar, Florida, particularly described as follows. The South 20 feet of Second Avenue lying North of and adjacent to Lots 15, 16, 17 and 18, Block 2, Townsite of Port Dixie according to plat recorded in Plat Book 1, Page 64, 65, and 66. Also That portion of the 20 feet wide alley running east and west through Block 2, bounded on the North by Lots 15, 16, 17 and 18 and bounded on the South by Lots 11, 12, 13, and 14, Block 2, Townsite of Port Dixie according to plat recorded in Plat Book 1, Page 64, 65 and 66. and WHEREAS, the Board has considered the same and heard the proposal in detail. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Okaloosa County, Florida, that the petition of the above named party to vacate property hereby described is hereby granted as follows: 1. THAT the property herein described is hereby vacated and combined with contiguous property and shall not be further subdivided. 2. THAT the County reserves for itself, and any and all licensed utility companies, their successors and assigns a full width utility easement in the entire portion of the right-of-way vacated hereby for the purpose of locating and maintaining public utilities and for stormwater/drainage purposes. No structures other than stormwater/drainage improvements and fencing approved by the Board of County Commissioners shall be permitted. Removal of existing fences for utility construction is permitted and will be the sole responsibility of the landowner to reinstall after completion of utility installation. 3. THAT the vacated property shall not be used to increase density or intensity of the adjoining parcel. 4. THAT no structure shall be built on the vacated property except fences, sprinkler systems or other amenities as approved by the Board of County Commissioners. DULY PASSED AND ADOPTED in the regular session this 18th day of February, 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ Charles K. Windes, Jr. Chairman ATTEST: DON W. HOWARD CERK OF CIRCUIT COURT By:__________________________________ Deputy Clerk Packet Pg. 60  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Dr. Karen Chapman SUBJECT: Visitor - Dr. Chapman, Florida Public Health Proclamation Dr. Karen Chapman from Florida Public Health requests approval of proclamation recognizing the 125th Anniversary of Florida Public Health and Liza Jackson as Public Health Hero in Okaloosa County. Additionally, request Board authorize Chairman to present Proclamation at February 18, 2014 meeting. Packet Pg. 61  P ROCLAMATION WHEREAS, the Florida Department of Health, formally the State Board of Health, was established 125 years ago on February 20, 1889 to control the devastating epidemics sweeping Florida; and WHEREAS, the Florida Department of Health in Okaloosa County has faithfully served the health needs of Okaloosa County residents for more than seventy years; and WHEREAS, Liza Jackson and the Women’s Club worked tirelessly to lay the groundwork for public health in our community until the Florida Department of Health in Okaloosa County was formed in 1941; and WHEREAS, the dedicated public health professionals who work for the Florida Department of Health in Okaloosa County continue to serve the needs of our community by providing health services, monitoring and responding to emerging health threats, and promoting healthy choices for all who live, work, and play in Okaloosa County; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Okaloosa County that we do hereby proclaim our recognition of the 125th Anniversary of Florida Public Health along with our Public Health Hero, Liza Jackson, and ask that all residents join us in extending our sincere gratitude to the staff of the Florida Department of Health and dedicated county residents, past and present, for their commitment to the people of our communities during these one hundred and twenty-five years. DULY PASSED AND ADOPTED this 18th day of February 2014. BOARD OF COMMISSIONERS OKALOOSA COUNTY, FLORIDA ATTEST: _________________________________ CHARLES K. WINDES, JR. CHAIRMAN ___________________________ DON W. HOWARD CLERK OF CIRCUIT COURT Packet Pg. 62 PUBLIC HEALTH HERO – OKALOOSA COUNTY Written by: Sarah White, Public Information Officer Lizzie Mae (Liza) Jackson, 1888-1971 Lizzie Mae (Liza) Jackson is widely regarded as a pioneer in Fort Walton Beach. An early resident of the fishing village known then as Camp Walton, Jackson and her first husband, lumber businessman, W.B. Harbeson, began spending weekends and summers there in 1915. Although she was a world traveler, Jackson said she loved Okaloosa County, and became a prime figure in the area’s development. Jackson was an avid community organizer and actively involved in numerous civic groups. In 1921 she founded the Woman’s Club, which set into motion a variety of programs that had a lasting impact on the community. Conscious of health and welfare needs in the community, the Woman’s Club enforced sanitation in the butcher shops, worked to eradicate fleas, dog flies and mosquitos, and hired a town constable whose primary duty was to keep flea-ridden livestock off the streets. “For several years, the only law enforcement was administered by the women of the Woman’s Club,” stated Jackson in a 1959 article in Playground Daily News. The women paid special attention to the health of underprivileged children, furnishing crutches and braces for those who were disabled, and providing eye examinations and glasses for those with vision problems. In 1930, the women set up a temporary clinic and brought in a physician from Pensacola to remove the tonsils of 25 children. Realizing the need for a permanent health clinic, the women voted to sponsor construction of a new clinic building in 1942, which Jackson helped to finance and organize. Upon completion of the building, the Woman’s Club furnished and maintained the clinic, which was used by the Okaloosa County Health Department for the next 18 years. In 1954, the Woman’s Club became aware of the need for a larger health clinic and began meeting with the County Commissioners to petition for a new building. Seven years later, the present Okaloosa County Health Clinic became a reality. Jackson’s work in public health didn’t end with the Woman’s Club; she also served as the Chairman for the Okaloosa Chapter of the National Foundation for Infantile Paralysis (now the March of Dimes) and supported the Crusade of the Double Barred Cross to eradicate tuberculosis. Other notable accomplishments include working to organize the Fort Walton Beach Public Library, founding the Fort Walton Bank and developing housing for military personnel. It’s been more than 70 years since Jackson helped build the first county health clinic, but her legacy lives on today through the work of the employees of the Florida Department of Health in Okaloosa County. Packet Pg. 63  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Jason Grubbs, The Frazer Lanier Company, Inc SUBJECT: Visitor - Jason Grubbs, The Frazer Lanier Company, Inc Representative from The Frazer Lanier Company, Inc to present a request to the Board for assistance in obtaining industrial bonds for Auburn Water Systems. Packet Pg. 64 Packet Pg. 65 Packet Pg. 66  RESOLUTION NO. _______ AN INDUCEMENT RESOLUTION OF OKALOOSA COUNTY, FLORIDA, RELATIVE TO THE PROPOSED ISSUANCE OF UTILITIES SYSTEM REVENUE BONDS IN ONE OR MORE SERIES FOR THE PRINCIPAL PURPOSE OF FINANCING AND REFINANCING COSTS RELATED TO THE REFUNDING OF CERTAIN INDEBTEDNESS AND THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF IMPROVEMENTS TO THE EXISTING AUBURN WATER SYSTEM, INC. UTILITY SYSTEM; PROVIDING FOR THE PRELIMINARY APPROVAL BY THE COUNTY FOR THE ISSUANCE OF NOT EXCEEDING $5,000,000 OF SUCH BONDS IN ONE OR MORE SERIES; PROVIDING FOR CERTAIN RELATED MATTERS IN CONNECTION THEREWITH AND FOR AN EFFECTIVE DATE. WHEREAS, Auburn Water System, Inc., a Florida corporation (the "Borrower"), has applied to Okaloosa County, Florida (the "County"), to issue certain tax-exempt revenue bonds in one or more series and in an initial aggregate principal amount not to exceed $5,000,000 (the "Series 2014 Bonds") for the principal purposes of (1) financing all or a portion of the costs of acquiring, constructing and equipping of improvements to the existing Auburn Water System, Inc. utility system in Okaloosa County, Florida (collectively, the "Project"), (2) refinancing certain existing indebtedness of the Borrower (the "Refunded Indebtedness"), (3) funding any necessary reserves, and (4) paying costs associated with issuance of the Series 2014 Bonds; and WHEREAS, the Borrower has requested that the County loan the proceeds of the Series 2014 Bonds to said Borrower pursuant to Chapter 159, Part II, Florida Statutes, and such other provision or provisions of Florida law as the County may determine advisable (the "Act") in order to accomplish the foregoing; and WHEREAS, the bond resolution granting the final authority for the issuance of the Series 2014 Bonds has not yet been adopted by the County and will not be adopted until documents related to the issuance of the bonds are in substantially final form; and WHEREAS, the issuance of the Series 2014 Bonds under the Act in one or more issues or series not exceeding an aggregate principal amount of $5,000,000 and the loaning of the proceeds thereof to finance the costs of the Project and refunding the Refunded Indebtedness under a loan agreement or other financing agreement which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Series 2014 Bonds and such other costs in connection therewith as may be incurred by the County, will assist the Borrower and promote the public purposes provided in the Act; and WHEREAS, in order to satisfy certain requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the County authorizes the scheduling and Packet Pg. 67 holding of a public hearing on the proposed issuance of the Series 2014 Bonds for the purposes herein stated on the date hereof, which date shall be more than 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in the County (the form of such notice is attached hereto as EXHIBIT A), which public hearing shall be conducted in a manner that provides a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the issuance of such Series 2014 Bonds and the location and nature of the Project, and shall be held in a location which, under the facts and circumstances, is convenient for the residents of the County, such notice being reasonably designed to inform residents of the County of the proposed issue, stating that the County would be the issuer of the Series 2014 Bonds, stating the time and place of the hearing and generally containing the information required by Section 147(f) of the Code and applicable regulations thereunder; and such 14 days shall be adequate for notice to be brought to the attention of all interested persons, exceeds the normal periods for notice of public hearings conducted by the County and provides sufficient time for interested persons to prepare for and to express their views at such hearing; and WHEREAS, the Borrower has agreed to execute and deliver to the County the Memorandum of Agreement (the "Memorandum of Agreement") relating to the issuance of the Series 2014 Bonds, attached hereto as EXHIBIT B; and IT IS, THEREFORE, DETERMINED AND RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution, hereinafter called "Resolution" is adopted pursuant to the provisions of the Act and other applicable provisions of law. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Borrower to proceed with commitments for financing the Project and refunding the Refunded Indebtedness, to provide a limited expression of intention by the County, prior to the issuance of the Series 2014 Bonds, to issue and sell the Series 2014 Bonds and make the proceeds thereof available to finance and refinance all or part of the costs of the Project and the refunding of the Refunded Indebtedness, all in accordance with and subject to the provisions of the Constitution and other laws of the State of Florida, including the Code and this Resolution, but subject in all respects to the terms of the Memorandum of Agreement. SECTION 3. APPROVAL OF FINANCING THE PROJECT AND REFUNDING OF REFUNDED INDEBTEDNESS. The financing of the Project and refunding of Refunded Indebtedness as described in the notice of public hearing attached hereto as EXHIBIT A by the County through the issuance of the Series 2014 Bonds, pursuant to the Act, will promote the economic development and health and welfare of the citizens of the County, will provide the residents of the County with new jobs, will promote the general economic structure of the County, will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Borrower meeting the conditions set forth in the Memorandum of Agreement to the sole satisfaction of the County. SECTION 4. EXECUTION AND DELIVERY OF MEMORANDUM OF AGREEMENT. The Chairman and the Clerk of the Board of County Commissioners of the 2 Packet Pg. 68 County are hereby authorized and directed to execute, for and on behalf of the County, the Memorandum of Agreement attached hereto as EXHIBIT B between the County and the Borrower providing understandings relative to the proposed issuance of the Series 2014 Bonds by the County to finance and refinance the costs of the Project in an initial aggregate principal amount not to exceed the lesser of (a) $5,000,000, or (b) the amount determined by the County and the Borrower to be necessary to accomplish the foregoing. SECTION 5. AUTHORIZATION OF THE SERIES 2014 BONDS. There is hereby authorized to be issued and the County hereby determines to issue the Series 2014 Bonds, if so requested by the Borrower and subject to the conditions set forth in the Memorandum of Agreement attached hereto, in one or more issues or series of such tax-exempt or taxable revenue bonds in an aggregate principal amount not to exceed $5,000,000 for the principal purpose of financing and refinancing the costs of the Project and refunding of the Refunded Indebtedness, and paying the costs associated with the issuance of the Series 2014 Bonds. The rate of interest payable on the Series 2014 Bonds shall not exceed the maximum rate permitted by law. SECTION 6. APPOINTMENT OF BOND COUNSEL AND UNDERWRITER. The firm of Nabors, Giblin & Nickerson, P.A., Tampa, Florida, is hereby appointed by the County to act as bond counsel to the County and the Borrower in connection with the issuance by the County of the Series 2014 Bonds. The Underwriter for the Series 2014 Bonds will be The Frazier Lanier Company. SECTION 7. GENERAL AUTHORIZATION. The Chairman and the Clerk of the Board of County Commissioners and the County Attorney are hereby further authorized to proceed with the undertakings on the part of the County described herein, including the scheduling of the above-referenced public hearing, and are further authorized to take such steps and actions as may be required or necessary in order to cause the County to issue the Series 2014 Bonds, subject in all respects to the terms and conditions set forth herein and in the Memorandum of Agreement. SECTION 8. AFFIRMATIVE ACTION. This resolution is an affirmative action of the County toward the issuance of the Series 2014 Bonds, as contemplated in the Memorandum of Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. SECTION 9. LIMITED OBLIGATIONS. The Series 2014 Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of the County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the County and the Borrower prior to or contemporaneously with the issuance of the Series 2014 Bonds. SECTION 10. LIMITED APPROVAL. The approval given herein shall not be construed as an approval of any necessary rezoning applications nor for any other regulatory permits or compliance with the County's development standards with respect to the Project and the County shall not be construed by reason of its adoption of this resolution to (a) attest to the Borrower's ability to repay the indebtedness represented by the Series 2014 Bonds, (b) have made a recommendation to prospective purchasers of the Series 2014 Bonds to purchase the 3 Packet Pg. 69 same, or (c) have waived any right of the County or have stopped the County from asserting any rights or responsibilities it may have in that regard. SECTION 11. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 18th day of February, 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA (SEAL) CHARLES K. WINDES, Jr., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF THE CIRCUIT COURT 4 Packet Pg. 70  EXHIBIT A AFFIDAVIT OF PUBLICATION OF NOTICE OF PUBLIC HEARING The Board of County Commissioners of Okaloosa County, Florida (the "County") will hold a public hearing on March 4, 2014, at _____ A.M., or as soon thereafter as the matter can be heard, at ____________________________, Crestview, Florida _______ to consider adoption of a resolution providing for the preliminary approval of the issuance by the County of not exceeding $5,000,000 of its Okaloosa County, Florida Utilities System Revenue Bonds, Series 2014 (Auburn Water System Project) (the "Series 2014 Bonds") to be issued in one or more series. The proceeds of the Series 2014 Bonds will be loaned to Auburn Water System, Inc., or an affiliate thereof (the "Borrower") for the principal purposes of (1) financing all or a portion of the costs of acquiring, construction and equipping of improvements to the utility system operated by the Borrower in _________, Okaloosa County, Florida (the "Project"), (2) refinancing certain outstanding indebtedness of the Borrower, (3) funding any necessary reserves, and (4) paying costs associated with issuance of the Series 2014 Bonds. The Project will be owned and operated by the Borrower. The Series 2014 Bonds shall be payable solely from the revenues derived by the County from a loan agreement, mortgage and security agreement and other financing documents to be entered into by and between the County and the Borrower prior to or contemporaneously with the issuance of the Series 2014 Bonds. Such Series 2014 Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of the County, the State of Florida or any political subdivision or agency thereof. Issuance of the Series 2014 Bonds shall be subject to several conditions, including satisfactory documentation, the approval by bond counsel as to the tax-exempt status of the interest on all or a portion of the Series 2014 Bonds and receipt of necessary approvals for the financing. The aforementioned meeting shall be a public meeting and all persons who may be interested will be given an opportunity to be heard concerning the same. Written comments may also be submitted to the Board of County Commissioners of Okaloosa County, Florida prior to the hearing at 101 E. James Lee Boulevard, Crestview, Florida 32536, Attention: Don Howard, Clerk. ALL PERSONS FOR OR AGAINST SAID APPROVAL CAN BE HEARD AT SAID TIME AND PLACE. IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE COUNTY WITH RESPECT TO SUCH HEARING OR MEETING, (S)HE WILL NEED TO ENSURE THAT A VERBATIM RECORD OF SUCH HEARING OR MEETING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this proceeding should contact Okaloosa County no later than seven days prior to the proceeding at the address given in this notice or phone 850/689-5000. A-1 Packet Pg. 71  EXHIBIT B MEMORANDUM OF AGREEMENT FOR ISSUANCE OF PRIVATE ACTIVITY REVENUE BONDS This Memorandum of Agreement (the "Agreement") is between Okaloosa County, Florida, a political subdivision of the State of Florida (the "County") and Auburn Water System, Inc., a Florida not-for-profit corporation (the "Borrower"). WITNESSETH: 1. Preliminary Statement. Among the matters of mutual understanding and inducement which have resulted in the execution of this Agreement are the following: (a) Whereas Chapter 159, Part II, Florida Statutes (the "Act") provides that the County may issue tax-exempt revenue bonds and loan the proceeds thereof to one or more persons, firms or private corporations, or use such proceeds, to defray the cost of acquiring, by purchase or by construction, certain qualifying manufacturing and water facilities as defined in the Act. (b) The Borrower is considering financing and refinancing all or a portion of the costs of acquiring, constructing and equipping of improvements to its existing utilities system located at _____________ in Okaloosa County, Florida (the "Project"). The Project will be owned and operated by the Borrower. In connection therewith, the Borrower also intends to refund certain outstanding indebtedness of the Borrower (the "Refunded Indebtedness"). (c) The County intends this Agreement to constitute its official initial commitment, subject to the terms hereof, to issue its bonds (the "Series 2014 Bonds") in one or more series or issues pursuant to a plan of finance and the Act in the amount to be agreed upon by the County and the Borrower and to loan the proceeds thereof to the Borrower to finance and refinance the costs of the Project, including all costs incurred in connection with the issuance of the Series 2014 Bonds by the County and the Borrower, up to an amount not to exceed $5,000,000 initial aggregate principal amount. (d) The County considers the issuance and sale of the Series 2014 Bonds, for the purposes hereinabove set forth, consistent with the objectives of the Act. This commitment is an affirmative official action of the County toward the issuance of the Series 2014 Bonds as herein contemplated in accordance with the purposes of both the Act and the applicable United States Treasury Regulations. 2. Undertakings on the Part of the County. Subject to the terms hereof, the County agrees as follows: (a) Subject to the Borrower providing the County with sufficient evidence to enable the County to make the findings set forth in Section 159.29 of the Act, the County will authorize the issuance of the Series 2014 Bonds, in one or more series or issues, in the aggregate principal amount necessary and sufficient to finance all or a portion of the costs of the Project and the refunding of the Refunded Indebtedness, as the County and the Borrower shall agree in writing, B-1 Packet Pg. 72 but in all events, the principal amount of such Series 2014 Bonds shall not exceed the lesser of (i) the amount determined by the County and the Borrower necessary to accomplish the foregoing, or (ii) $5,000,000. (b) The County will cooperate with the Borrower and with the underwriters, placement agents or purchasers of the Series 2014 Bonds and the bond counsel of the County with respect to the issuance and sale of the Series 2014 Bonds and will take such further action and authorize the execution of such documents as shall be mutually satisfactory to the County and the Borrower for the authorization, issuance and sale of such Series 2014 Bonds and the use of the proceeds thereof to finance and refinance the costs of the Project. (c) The County may take further action to permit, in its sole discretion, the issuance from time to time in the future of additional bonds on terms which shall be set forth therein, whether pari passu with other series of bonds or otherwise, for the purpose of defraying the cost of completion, enlargements, improvements and expansions of the Project, or any segment thereof, or refunding of the Series 2014 Bonds. (d) The loan agreement, trust indenture, mortgage and other financing documents (collectively, the "Financing Agreements") between the County and the Borrower shall, under terms agreed upon by the parties, provide for payments to be made by the Borrower in such sums as shall be necessary to pay the amounts required under the Act, including the principal of and interest and redemption premium, if any, on the Series 2014 Bonds, as and when the same shall become due and payable. (e) The Series 2014 Bonds shall specifically provide that they are payable solely from the revenues derived pursuant to the Financing Agreements between the County and the Borrower or other agreements approved by the County, except to the extent payable out of amounts attributable to Bond proceeds. The Series 2014 Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit of the County, the State of Florida or any political subdivision or agency thereof, and such fact shall be plainly stated on the face of the Series 2014 Bonds. (f) Issuance of the Series 2014 Bonds by the County shall be contingent upon compliance with all provisions of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations promulgated thereunder, including the ability of and desirability by the County to issue obligations to fund the costs of the Project. 3. Undertakings on the Part of the Borrower. Subject to the terms hereof, the Borrower agrees as follows: (a) The Borrower will use reasonable efforts to ensure that the Series 2014 Bonds in the aggregate principal amount as stated above are sold; provided, however, that the terms of such Series 2014 Bonds and the sale and delivery thereof shall be mutually satisfactory to the County and the Borrower. (b) Prior to the issuance of the Series 2014 Bonds in the principal amount stated above, in one or more series or issues from time to time as the County and the Borrower shall agree in writing, the Borrower will enter into the Financing Agreements with the County, the B-2 Packet Pg. 73 terms of which shall be mutually agreeable to the County and Borrower, providing for the loan or use of the proceeds of the Series 2014 Bonds to finance the costs of the Project and the refunding of the Refunded Indebtedness. Such Financing Agreements will provide that the Borrower will be obligated to pay the County (or the trustee for holders of the Series 2014 Bonds on behalf of the County, as the case may be) sums sufficient in the aggregate to enable the County to pay the principal of and interest and redemption premium, if any, on the Series 2014 Bonds, as and when the same shall become due and payable, and all other expenses related to the issuance and delivery of the Series 2014 Bonds. (c) The Borrower shall, in addition to paying the amounts set forth in the Financing Agreements, pay all costs of operation, maintenance, taxes, governmental and other charges which may be assessed or levied against or with respect to the Project. (d) To the extent not otherwise paid from Bond proceeds as part of the costs of the Project, the Borrower hereby agrees to pay all of the reasonable out of pocket expenses of officials and representatives of the County incurred in connection with the issuance of the Series 2014 Bonds and will pay fees and expenses of the County, including those of the County Attorney. (e) In the event the Series 2014 Bonds are not issued (other than by reason of the County electing not to proceed with the financing), the Borrower hereby agrees to pay the out of pocket expenses of the officials and representatives of the County incurred in connection with the issuance of the Series 2014 Bonds, including those of the County Attorney, on a time and materials basis in accordance with the usual hourly fees chargeable to the County under their respective contracts. (f) The Borrower will hold the County free and harmless from any loss or damage and from any taxes or other charges levied or assessed by reason of any mortgaging or other disposition of the Project. (g) The Borrower agrees to indemnify and defend the County and hold the County harmless against any and all claims, losses, liabilities or damages to property or any injury or death of any person or persons occurring in connection with the financing and refinancing of the Project or the issuance of the Series 2014 Bonds and the Borrower's undertaking thereof, or in any way growing out of or resulting from this Agreement, including, without limitation, all costs and expenses of the County and reasonable attorneys' and legal assistants' fees incurred in the enforcement of any agreement of the Borrower contained herein. In the event that the Series 2014 Bonds are not issued and delivered, this indemnity shall survive the termination of this Agreement. (h) The Borrower will take such further action as may be required to implement its aforesaid undertakings and as it may deem appropriate in pursuance thereof. 4. General Provisions. All commitments of the County under Section 2 hereof and of the Borrower under Section 3 hereof are subject to the conditions that all of the following events shall have occurred not later than November 30, 2014, or such other date as shall be mutually satisfactory to the County and Borrower: B-3 Packet Pg. 74  (a) The County shall be lawfully entitled to issue the Series 2014 Bonds as herein contemplated. (b) The County and Borrower shall have agreed on mutually acceptable terms for the Series 2014 Bonds and the sale and delivery thereof and mutually acceptable terms and conditions of any trust instrument or instruments in respect thereto and any Financing Agreements or other agreements incidental to the financing or referred to in Sections 2 and 3 hereof. (c) Such other rulings, approvals, consents, certificates of compliance, opinions of counsel and other instruments and proceedings satisfactory to the Borrower and to the County as to such matters with respect to the Series 2014 Bonds, the financing and refinancing of the Project, the Financing Agreements and any other trust instrument or instruments, as shall be specified by the Borrower or the County, shall have been obtained from such governmental, as well as non-governmental, agencies and entities as may have or assert competent jurisdiction over or interest in matters pertinent thereto and shall be in full force and effect at the time of issuance of the Series 2014 Bonds. (d) Compliance with all applicable provisions of Chapters 159, 215 and 218, Florida Statutes, relating to the issuance of the Series 2014 Bonds, the interest rate thereon, the type of purchasers of the Series 2014 Bonds and the terms on which the Series 2014 Bonds may otherwise be issued. 5. Binding Effect. All covenants and agreements herein contained by or on behalf of the County and the Borrower shall bind and inure to the benefit of the respective successors and assigns of the County and the Borrower whether so expressed or not. B-4 Packet Pg. 75  IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers thereunder duly authorized as of the ______ day of February, 2014. OKALOOSA COUNTY, FLORIDA (SEAL) By: Chairman, Board of County Commissioners ATTEST: _____________________________ Clerk AUBURN WATER SYSTEM, INC. By: ATTEST: ____________________________ ____________________________ B-5 Packet Pg. 76  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: All SUBJECT: Distinguished Young Women Proclamation 2014 Requests approval of proclamation recognizing the Distinguished Young Women’s Day in Okaloosa County in Honor of Natalie Katherine Lawson Distinguished Young Women, formerly America’s Junior Miss, is the largest and oldest national scholarship program for high school senior girls. The program encourages young women by promoting and rewarding scholastic aptitude, leadership and talent Distinguished Young Women encourages self-confidence and the ability to effectively speak in public, perform on stage, and build interpersonal relation-ships. Additionally, request Board authorize Chairman to present Proclamation at February 18, 2014 meeting. Packet Pg. 77  P ROCLAMATION WHEREAS, Distinguished Young Women, formerly America’s Junior Miss, is the largest and oldest national scholarship program for high school senior girls; and WHEREAS, the program encourages young women by promoting and reward- ing scholastic aptitude, leadership and talent; and WHEREAS, Distinguished Young Women encourages self-confidence and the ability to effectively speak in public, perform on stage, and build interpersonal relation- ships; and WHEREAS, last year more than $108 million in college scholarship opportuni- ties were awarded to winners in every State and in the National competition; and WHEREAS, the program is in its second year in Okaloosa County; and WHEREAS, Natalie Katherine Lawson, was awarded the title Distinguished Young Woman of Florida for 2014; and WHEREAS, Ms. Lawson is a senior at Fort Walton Beach High School, cap- tain of the FWBHS cheerleading team, historian of the National Honor Society, a mem- ber of the Science National Honor Society and vice president of Student-2-Student; and WHEREAS, Current Distinguished Young Woman of Florida Natalie Lawson will compete for the national title June 26, 27, and 28; and WHEREAS, July 19, 2014, is the Okaloosa County Distinguished Young Women’s competition in Fort Walton Beach. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Okaloosa County, Florida, that we do hereby proclaim the July 19, 2014 as Distinguished Young Women’s Day in Okaloosa County in Honor of Natalie Katherine Lawson DULY PASSED AND ADOPTED this 18th day of February, 2014. BOARD OF COMMISSIONERS OKALOOSA COUNTY, FLORIDA ATTEST: _________________________________ CHARLES K. WINDES, JR. CHAIRMAN ___________________________ DON W. HOWARD CLERK OF CIRCUIT COURT Packet Pg. 78  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Vanderhoek SUBJECT: World Fiber Technologies, Inc. First Amendment DEPARTMENT: Information Systems BCC DISTRICT: All STATEMENT OF ISSUE: The First Amendment to World Fiber Technologies, Inc. Contract C10-1838-IS requires approval by the Board to allow for additional unit costs and to increase the spending authority of the current contract. BACKGROUND: On 11/17/10 the County Administrator, on behalf of the Information Systems Department, executed a fiber optic maintenance contract with World Fiber Technologies, Inc. This maintenance contract has been increasingly leveraged as the Okaloosa County Fiber Optic Telecommunications Utility has continued to expand. The maintenance contract is task order driven and each task order has been approved according to County policy based on the individual spending authority of each task order. The aggregate of the task orders within the fiscal year has exceeded the spending authority of the County Administrator level and, therefore, requires Board approval of an amendment to this contract to raise the potential spending limit. It is also necessary to amend the unit price sheet to allow for greater flexibility in pricing out routine and non-routine tasks. Each subsequent task order under this contract will continue to be subject to County policy. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve the Chairman to execute the First Amendment to World Fiber Technologies, Inc. Contract C10-1838-IS. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 79  FIRST AMENDMENT TO WORLD FIBER TECHNOLOGIES, INC. CONTRACT C10-1838-IS THIS AMENDMENT to the Agreement entered into by and between Okaloosa County, the owner, hereinafter referred to as the Party of the First Part, and World Fiber Technologies, Inc. or its successors, executors, administrators and assigns, hereinafter referred to as the Party of the Second Part, signed November 17,2010, is hereby amended as follows: First Amendment to Exhibit A (attached) to include additional items ALL OTHER TERMS OF THE ORIGINAL AGREEMENT SHALL REMAIN THE SAME. IN WITNESS WHEREOF, this First Amendment to the World Fiber Technologies, Inc. Contract has been executed by the County and World Fiber Technologies, Inc. this _ _ _ _ _ day of ,2014. ATTEST: DON W. HOWARD BOARD OF COUNTY COMMISSIONERS CLERK OF CIRCUIT COURT OKALOOSA COUNTY, FL By: _ _ _ _ _ _ _ _ _ __ By: ___________________________ Gary 1. Stanford Charles K. Windes, Jr. Deputy Clerk Chairman WORLD FIBER TECHNOLOGIES, INC. By: ("{\,,,\,-~ f4,v(;2) Mar~ L. Battle, President/CEO Packet Pg. 80  First Amendment to Exhibit A World Fiber Technologies, Inc. Contract C10-1838-IS Item Unit Price UOM IInstall provided cable in existing conduit (already proofed) 1 $2. 18 LF «= Fiber counts 1 thru 72 1000 LF) 1 Install provided cable in existing conduit (already proofed) Fiber counts $1.75 LF <= 1 thru 72 (> 1000 LF and 3000 LF) Install provided cable in existing conduit (already proofed) Fiber counts $1.50 I LF 1 thru 72 (>3000 LF) Install provided cable in existing conduit (already proofed) Fiber counts $2.35 LF 96 thru 288«= 1000 LF) Install provided cable in existing conduit (already proofed) Fiber counts $2.15 LF 96 thru 288 (> 1000 LF and <= 3000 LF) Install provided cable in existing conduit (already proofed) Fiber counts $2.00 LF 96 thru 288 (> 3000 LF) Proof existing duct (includes mule tape) $0.44 LF Building Entries (if part of conduit install project) $250.00 EA Install provided pull box less than 30"x48"x36" to FDOT standards $828.00 EA (concrete collar not ind uded) Install provided pull box 30"x48"x36" or larger to FDOT standards $1 ,570.00 EA (concrete collar not included) Packet Pg. 81 ... CON n~ CT # CIO-1838-IS WORLD FIll ER TECIINO LOG lES, INC. HilER OPTlC fEl"," OHK lAINTEN . \.~C EXPffiES : 1 111712012 Maintenance Contract for Okaloosa County Fiber Optic Network This Agreement, in triplicate, executed in Fort Walton Beach, Florida this J 7/J. day of tVev~•.J,U'- ,2010 is between Okaloosa County, Florida, the owner, hereinafter called the party of the First pati, and World Fiber Technologies, Inc. of its successors, executors, administrators and assigns, hereinafter called the Party of the Second pali. WITNESSETH: That for and in consideration of payments, hereinafter mentioned, to be made by party of the First Pali, the Party of the Second Pali agrees to furnish all equipment, machinery, tools and labor; to furnish and deliver all materials required to be furnished and delivered in and about two (2) years maintenance period to begin upon execution of signatures by both patiies, and to do and perform the maintenance of the Okaloosa County Fiber Optic Network and pay the unit prices as attached on Exhibit "A", which is made a part of this Agreement. Work to be issued on task orders as needed and in strict conformity with the provisions of this Contract. This Contract may be renewed for one additional two year period. SCOPE OF WORK: The project covers task orders for furnishing and installing 2" conduit, pull boxes, splice boxes, fiber optic cable, termination, splices, splice enclosures, emergency response and trouble shooting. All work on this contract is subject to the same standards as previous contracts for Phase 1 through phase V. The Contractor shall be prepared to begin work as required by the task orders. The place where the work is to be started will be stated in the task orders. The work shall be prosecuted from as many different points, in such part or patis and at such times as may be directed, and shall be conducted in such a malUler and with sufficient materials, equipment and labor as is considered necessary to insUl:e it s completion with the time set forth in the task orders. All specifications relating to conduit installation shall be compliant with what is set forth in the FOOT specifications for installation and the Technical Special provisions for Phase V. INSURANCE REQUIREMENTS: Contractor will provide a copy of insurance certificate listing Okaloosa County as additional insured party. Commercial General Liability $1,000,000,00 Packet Pg. 82  Workers Compensation State Statutory Limits Employer Liability $1,000,000.00 Each Accident Business Automobile $1,000,000.00 Each OcculTence (Combined Single Limit) World Fiber Technologies, Inc. shall maintain Business Automobile Liability Insurance Coverage throughout the life of this Contract. The insurance shall include Owned, Non­ Owned and Hired Motor Vehicle coverage. REPRESENTATIVES: The authorized representative of the County shall be: Don Vanderhoek Director Okaloosa County Information Systems 1804 Lewis Turner Blvd, Suite 402 FOlt Walton Beach, FL 32547 email: dvanderhoek@co.okaloosa.f1.us The authorized representative for World Fiber Technologies, Inc. shall be: JelTY Neely Vice President/COO World Fiber Technologies, Inc. 4070 Nine McFarland Dr Alpharetta, GA 30004 email : jneely@ worldfibeltech.com All notices required by this Agreement shall be in writing to the representative listed above with a courtesy copy to the following: Jack Allen Purchasing Services Manager Okaloosa County Purchasing Department 602C North Pearl St Crestview, FL 32536 email: jallen@co.okaloosa.f1.us Packet Pg. 83  IN WITNESS WHEREOF, the County Administrator, by authority vested in him, has hereunto subscribed his name on behalf of Okaloosa County, Florida, the Owner, and the said World Fiber Technologies, Inc. has hereto fixed his signature, the day and year above written. WORLD FIBER TECHNOLOGIES, INC. WITNESS: ffi~(~ £~((EO f7rJ1kd. Mark L. Battle, President/CEO By: s D. Curry ty Administrator - Packet Pg. 84  EXHIBIT "A" UNIT PRICES Maintenance Contract for Okaloosa County Fiber Optic Network Small Addition Work Unit Price UOM 2" Conduit Underground $ 7.19 LF Each Additional Conduit $ 1.75 LF Conduit Under Pavement $ 12.80 LF 2" Schedule 80 PVC Bridge Conduit $ 30.85 LF I Each Additional Conduit $ 2.75 LF Fiber Pull Boxes $ 1,400.00 EA Fiber Splice Boxes $ 2,500.00 EA Coming 6 Fiber Drop Cable (no special marking) $ 2.50 LF Coming 24 Fiber Drop Cable (no special marking) $ 2.62 LF Coming 48 Fiber Drop Cable (no special marking) $ 3.06 LF Coming 72 Fiber Drop Cable (no special marking) $ 3.31 LF , Coming 96 Fiber Drop ~able (no special marking) $ 3.62 LF , Coming 144 Fiber Drop Cable (no special marking) $ 5.00 LF Coming 288 Fiber Drop Cable (no special marking) $ 6.50 LF I Fusion Splices (includes Testing) $ 50.00 EA I Fiber Terminations (includes Testing) $ 50.00 EA I Splice Enclosures up to 72 fiber $ 908.00 EA Splice Enclosures up to 144 fiber $ 1,058.00 EA Splice Enclosures up to 288 fiber $ 1,320.00 EA Fiber Distribution Centers up to 24 tiber $ 500.00 EA Fiber Distribution Centers up to 72 fiber $ 765.00 EA I Fiber Distribution Centers up to 144 fiber $ 980.00 EA Fiber Distribution Centers up to 288 fiber ! $ 1,220.00 EA I Building Entries $ 500.00 EA ConduitlFiber ReQair Crew Hour (2-man crew) $ 151.00 HR Fiber Trouble Shooting (John Nance) $ 123.00 HR Emergency Response Level III (24-48 Hour Response) $ 1,250.00 EA Emergency Response Level II (12-24 Hour Response) $ 2,500.00 EA Emergency Response Level I (0-12 Hour Response) $ 3,500.00 EA Packet Pg. 85  1ECEIVE8 0620U CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: (./t? -1 3J5 Tracking Number: Contractor/Lessee Name: LO5?,Jd Grant Funded: YES NO. Purpose Am Date/Term: 1. GREATER THAN $50,000 Amount: V' IU.e-' GREATER THAN $25,000 Department:.J . LII $25,000 OR LESS Dept. Monitor Name:_______________________ Document has been reviewed and includes any attachments or exhibits. Purchasing Review ?4AL Proc ment re uire nt e t: 4 f ""X- 4 Pur asin rector or esignee Date: 1 S4,s— J!~ Risk Management Review Approved as writte Risk Ma ger or designee Date: ~V-71W County Attorney Review Appr yedasw itte _________________________________ Date: Cou tyAttorney Following Okaloosa County approval: Contracts & Grants Document has been received: Date:________________________ Contracts & Grants Manager Packet Pg. 86  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Vanderhoek SUBJECT: Final Payment on CCI Systems, Inc. Contract C13-2034-IS DEPARTMENT: Information Systems BCC DISTRICT: ALL STATEMENT OF ISSUE: The Duke Field Secondary Control and Data Acquisition (SCADA) Fiber Optic Link project is complete and CCI Systems, Inc. has submitted all required closeout submittals including a final payment request and Change Order No. 1. BACKGROUND: On April 2, 2013 the Board approved the award of the Duke Field SCADA Fiber Optic Link Bid No. 04-13 IS to CCI Systems, Inc., the lowest responsive, responsible bidder. Final inspection of the work was conducted and the project was considered substantially complete as of January 30, 2014. The project came in under budget by $2,404.36 and the final contract amount is $161,113.72 as indicated on Change Order No. 1 attached. OPTIONS: Approve/Disapprove Final Payment request and Change Order No. 1. RECOMMENDATIONS: Approve the Chairman sign Change Order No. 1 which reduces the final contract amount by $2,404.36 and the Final Payment to CCI Systems, Inc. in the amount of $161,113.72. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 87  CONTRACT CLOSE-OUT CHECKLIST (To Be Prepared by the Contracts and Lease Coordinator) DATE: 2/06/2014 TO: Contracts & Grants Manager, Finance Department Contracts & Grants Office SUBJECT: Contract No. C 13-2034-IS MANAGING DEPARTMENT: INFORMATION SYSTEMS CONTRACTOR'S NAME: CCI SYSTEMS, INC. PROJECT TITLE: DUKE FIELD SECONDARY CONTROL AND DATA ACQUISITION The attached has met the final payment contract requirement in subject contract. Yes No 1. Final jnvoice ~ 0 2. Completed Contract/Lease Payment Approval Form ~ 0 3. Close-Out Documents Yes No N/A a. Signed Release of Lien ~ 0 0 b. Proof of Completion Advertisement ~ 0 0 c. Certificate of Insurance 0 0 ~ d. Consent of Surety to Final Payment ~ 0 0 e. Proof of Performance/Payment Bond ~ 0 0 Continuation 12 Months Following rinal Paym e nt Yes No 4. Agenda Request ~ 0 5. Remarks Letter guaranteeing that current Certificate of Insurance will be forwarded is enclosed. DATE Packet Pg. 88 Packet Pg. 89  C HANGE ORDER FORM Date: --,l,-",2~/.!..!12:L/--,-1~3_ _Contract No.: _-,=C,-,1=3-=-2=0=3;...:4....!-I=S__ Change Order No.: 1 (Final Summary) Owner: OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS Contractor: CCI Systems, Inc ., 105 Kent Lane, Iron Mountain, MI 49801 CHANGE TO CONTRACT PRICE DESCRIPTION AMOUNT $163,518.08 Oriqinal Contract Price: $0.00 Net chanqe by previously authorized Chanqe Orders: $163,518.08 Present Contract Price: ($2,404.36 ) This Change Order will (deduct): $161,113.72 New Contract Price: CHANGE TO CONTRACl TIME DESCRIPTION DATE or NUMBER OF DAYS 60 to substantial/ 120 days to final Ori inal Contract Time: Substantial = 9/1 7/13 Ori inal Substantial Com letion Date: Final = 11/16/13 none Net chan authorized Chan e Orders: This Chan e Order will o to substantial / 75 days to final 60 to substantial/195 days to final New Contract Time: Substantial = 9/17/13 New Substantial Com Final = 1/30/14 DATE: _ __ o ---=-o I-'----.C + 1---­ lf.-!h..:.... 1 DATE: _ 1_-_2._1_-_'---'lf_ . _ __ DATE: . / - 15 - I' $I OW NER: _~~_ _ _ __ _ _ _ _ _ _ __ DATE: _ _ _ _ _ _ _ _ _ __ This Change Order is an amendment to the Contract/Agreement between Contractor and the Owner, and all other contract provisions shall remain in full force and effect unless specifically amended in writing, signed by both parties. Page I of3 Packet Pg. 90  CONTRACT CHANGE ORDER DETAILS Contract Name: Duke Field Fiber Optic Link Date: 12/12/13 Contract No.: C13 -2034-IS POLY No .: 41-449 Change Order No: 1 (FINAL SUMMARY) Location: Okaloosa County To (Contractor): CCI Systems, Inc., 105 Kent Lane, Iron Mountain, MI49801 You are hereby requested to comply with the following changes from the contract plans and specifications : ORIGINAL BID DESCRIPTION OF CHANGES, QUANTITIES, DECREASE IN INCREASE IN ITEM NO. UNITS, UNIT PR ICES, ETC. CONTRACT PRICE CONTRACT PRICE 3. Add 185 L.F. of cleaning and proofing existing empty segmentrs of 2" conduit and furni sh and install pull - $138.75 tap e within condu it . 4. Deduct 726 L.F . of 96 strand fiber optic cable and $(1,677.06) - from origina l Bid Item #4 Deduct 1 Splice Box from original Bid Item #6 (Furnish $(866.05) - 6. and in stall new Splice Box) The sum of $2,404.36 is hereby SUBTRACTED from the total contract price, and the total adjusted final contract price is thereby is $161,113.72. This document shall become an amendment to the contract and all provisions of the contract will apply hereto. Page 2 of 3 [ Packet Pg. 91  CONTRACT CHANGE ORDER JUSTIFICATION Contract Name: Duke Field Fiber Optic Link Date: 12/12/13 Contract No .: C13-2034-IS POLY No.: 41-449 Change Order No: I (FINAL SU MMARY) location: Okaloosa County REQUEST AND JUSTIFICATION FOR CHANGE 1. Necessity for change: The project has been completed and the Contract quantities require adjusting to match actual quantities installed in field. 2. Is proposed change an alternate bid? No 3. Will proposed change alter the size of the project? No 4. Effect of this change on other prime contractors: None 5. Has consent of surety been obtained? Not necessary 6. Will this change affect expiration or extent of insurance coverage? No If yes, will the policies be extended? 7. Effect on operation and maintenance costs: None Page 3 of 3 Packet Pg. 92  POL YEN G I N E E R lNG, INC. A R C H IT E C T U R E . E NG I N E E R I N G . S O L UT I 0 N 5. Ja nu ary 20, 2014 Okal oosa Cou nty Information System s 1804 Lewis Turner Bou levard, Suite 402 Fort Walton Beach, FL 32547 Attn : Mr. Don Vande rhoek, Director Re: Duke Field SCADA Fiber Optic Link Contract No. C13-2034-IS De ar Mr. Va nderhoek, All wo rk associated with th e above refere nced project was completed in accordance with the pl ans and specifications. Tra nsmitted here w it h are the fo llow ing cl ose-out documents: o Change Order No . 1 (Final Summary) o CCI Syste ms' Periodic Estimate No. 1 (Final) - This period ic est imate ha s bee n reviewed and is recom mended for payment in the amount of $161, 113.72 o Affidavit of Notice of Completion o Contractor' s Release of Liens o Con sent of Surety for Final Paym ent, including Assura nce State ment fro m Surety Rega rding One Year Bond Period o Guarantee Letter which addresses 2 year coverage of Completed Operatio ns Insuran ce an d Current Insurance Certificate If yo u have any questions or need any further information, please do not hesitate to call me. Sincerely, P(~..~~~'H RI G, It;-JC. - /l -/'/'(Ulvd' (. C~ Michael C. Eva ns, P.E. encl osu res cc: Mr. Mark Wise, P.E. (OCWS) File 41 -449 E P HO NE 850-6 0 9- \ 100 P OST OFFIC E Box 84 I FAX 850­ 609- I 10 I FL AA C O O I 543 10 2 SU NSET U.NE C,V,L . MECHANICAL. ELECTRICAL . ENV I RONMENTAL ENGIN,"ERING WWW . P O LYENGINEERING . COM S H ALIMAR . FLOR IDA 3 2 5 7 9 ARCHITECTURE. " ENVIRONMEf'ITAL CON.5ULl'INO AND LAs 1t:,SnNO • P LAN NI NG Packet Pg. 93  NORTHWEST flORIDA Daily News Published Daily Fort Walton Beach, Florida Distributed in Okaloosa, Santa Rosa & Walton Counties State of Florida, County of Okaloosa Before the undersigned authorized personally appeared ~1 aU, t.tll !.tI//1:t:L- , who on o,th "Y' th't (';ho1' L~ Ad. k.f7'" ;, lJ 0 H L- of the Northwest Florida Daily News, l.egaJS272 a daily newspaper published at Fort Walton Beach, in Okaloosa County, Florida; that the attached copy of advertis~ment, ~eing a L lr; 5.;J.. 7 ~ ADVEfmSEMENT OF CCI 105 COMPlETlON Systems, Inc. of Kent St.. Iron in the matter of lid,;Wh Sllnkn.f of , d">1 (!t/}Y)/}/LI-J Mo~ntatn. 1.11 49801 gl"/'e notice of comple- Uon 01 Duke Reid Du k.L Md d SCAvAA h bLT 0,;/it... L'II It., SCADAA ber OplJc wnk and sets Decem bet ~O, 2013 as the date 01 linal settlement in the OWoOJt,,- County Court, was published in said newspaper in the issues of All pel$OOS and firma should me all cIalms for IJ f}/L,nOU ~ r;)..1 ).tcflhbW & /3 JLJI.2 payment 10 I/le below address prior to the settlement data ( ( I . Oksloosa Boord 01 County CommISsion­ ers, (Owner) Affiant further says that the said Northwest Florida Daily News is a newspaper clo Polyen91~e9f111g . Inc, published at Fort Walton Beach, in said Okaloosa County, Florida, and that the said P.O. Box 841 Shallllllll, Fl 32579 newspaper has heretofore been continuously published in said Okaloosa County, Florida, By; 81lan Hufl Re­ each day, and has been entered as second class mail matter at the post office in Fort Walton glonaf Manager Beach, in said Okaloosa County, Florida, for a period of one year next preceding the first LegaJ 5272 Nov. 22. 29, Dec. 6 13, publication of the attached copy of advertisement; and affiant further says that (s)he has 2013 neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. STATE OF FLORlDA COUNTY OF OKALOOSA Subscribed and sworn to (or affinued) before me this /3 ~ ~/...3 ). _ _ (Date) by ~ W~ ,who is/are personally known to me or has/have produced PtA,~/4u % tlWl"l as identification. ~ ----WYPeclidlill lfi cation) ta.e.;1A~r, (Sigha"tufe} Notary Public, Commission No. _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _(Name of Notary typed , printed or stamped) "••;'..':'t:;:•., ELEANOR HYPES :-:! • - ;'/',:- Notary Public · Siale ot Florida ~. : : .; My Comm . Expirus Jul 30 . 2015 \:.~ .. !~/ Commission # EE 116319 #,;-,••• ",•.•.f.. .'. 1I un''d e TI1I0~ h Na\.lona I",,0 I3ry As sn. k_,.....,--.. Packet Pg. 94  Page 1 of 1 11/19/201310:12:41 Ad Number 34616549 Ad Key Order Number 34273064 Salesperson 25 - Maureen Wiltse PO Number Publication Northwest Florida Daily News Customer 33856462 CCI Systems Section Classified 2006 Contact Marcy Crelton Sub Section Classified 2006 Address1 105 Kent St Category 1100 Legal Advertising Address2 Dates Run 11/22/2013-12/13/2013 City St Zip Iron Mountain MI 4980 1 Days 4 Phone (906) 776~2735 Size 1 x 3.39, 32 lines Fax (906) 774-9120 Words 86 Credit Card *******"****8674 Ad Rate Legals Rate Printed By Maureen Wiltse Ad Price 208.52 Entered By Maureen Wiltse Amount Paid 208.52 Amount Due -0.00 Keywords 5272 Duke Fld Fiber Optic Link Notes Advertisement of Completion Zones Legal 5272 ADVERTISEMENT OF COMPLETION CCI Systems, Inc. of 105 Kent St., Iron Mountain, MI 49801 give notice of comple­ tion of Duke Field SCADAA Fiber Optic Link and sets Decem­ ber 20, 2013 as the date of final settlement. All persons and firms should file all claims for payment to the below address prior to the settlement date: Okaloosa Board of County Commission­ ers, (Owner) c/o Polyengineering, Inc. P.O. Box 841 Shalimar, FL 32579 By: Brian Hull, Re­ gional Manager Legal 5272 Nov. 22, 29, Dec. 6, 13, 2013 I, Packet Pg. 95  CONTRACTOR'S RELEASE OF LIENS STATE OF: MICHICAN COUNTY OF: DICKINSON Before me, the undersigned Notary Public in and for the said County and State personally appeared Stuart Lahti ,representing the Contractor, CC I Systems, Inc , who being duly sworn according to law deposes and says that all labor, materials, and outstanding claims and indebtedness of whatever nature arising out of the performance of the Contract with Board of County Commissioners, Okaloosa County, FL, the Owner, for Duke Field SCADA Fiber Optic Link, Contract No. C I3-2034-IS have been paid in full and that for the final payment in the amount of$ 161,113.72, the Contractor releases and discharges the Owner and his authorized representatives from any liens or claims of any nature because of or arising from this contract and/or its performance, which it has had, has or may have in the future. BY:7~ Sworn to and subscribed I .,J.. ..., -. '-I before me this _) v_ day of ~ (. '~"""''j _01 (Notary Public) My Comrmss;io'1 expires I() I :2 S"'" ) .;20 17 LORRAINE M. BENNETT Notmy Public, Stale of Michigan County of Dlckln on My CommlsslonExpires Oct. 2.5, 2017.1" ActIng In 1118 County of n i c ...... '.....­ Duke Field SCADA Fiber Optic Link 01700-6 Job No. 41·449 Packet Pg. 96  endless solutions . December 23,2013 Board of County Road Commissioners Okaloosa County Florida 302 N. Wilson St. #203 Crestview FL 32536 Re: Bon d No. 354-030-226 To Whom It May Concern: This bond is considered in force for one year of warranty/maintenance after the final completion of work date of December 20, 2013. ­ Should you require additional information, please contact me at 906-315-7203. Sincerely, dLf~ Sheryl Polkinghorne Atiorney-in-fact 300 S. Front Street. Marquette, MI 49855 T 906.228.7500 F 906 .228.5385 vastsolution.com Packet Pg. 97  • AIA Document G707™ 1994 Bond No . 354-030-226 Conse nt Of Surety to Final Payment PROJECT:(Na;;;-~~d odJren)- ­ ARCHITECT'S PROJ EC T NUMBER: OWNER LJ ARCHITECT. 0 Duke Field SCADA Fiber Optic Lunk CONTRACT FOR: GCI14:l'al Cun~lructiufl CO~ITRAClOR [ ­ TO OWNER: (Name and addl'e.¥sj CONTRACT DATED: May 9 , 2013 SURE yo Board of County Commissioners , Okaloosa County Florida OTHER 0 302 N. Wilson SI. Crestview FL .3 2536 In I:tcc,)rdancc wilh Ihc provisions orlhc Contract between tlle Owner and Ihc Conlractor tlS i ndic~tcd nt)ovci the ("'~crl name alld Cldd,.es~ a/SI/rety) Llber1y Mululllln8urIInce Conlpany 450 Plymouth Rd., Sle. 400 PlymDUlh Maling PA 111462 nn bond of (f llf frt name " '1d address of COII/raclor) CCI S)'lIIems. Inc. 105 Kent Sireet, 1>0 130)( J90 Iron Moun illin, MI 4980 1 , CONTRACTOR, hereby lppruves orthe final paymcnllo Ihe COlli/actor. and agrees thai firls! payment to Ihe Contractor ~hall not relieve tht: Surety of ~lIy of its obligations 10 (I I/Jlf!r! nlllnt and addrtss oj Uwllf!r) Board of County Commissioners, Okaloosa County Florida 302 N. Wilson SI. Crestview FL 32536 OWN'-:f" IS SCl forth in sa id Surc;ty'~ bond. IN W ITNESS WHE REOF, the S\lrct)' hilS hereunto set rts hand on thrs dale: December 23,2013 (lnstl't in writll1g lire llIon/ir/al/owed by I},e Ifrlmeril; dQ/~ Qild year.) I.lberty MlJlualln6uranca Company (Sw/!Iy) Sheryl Polking horn. , Anorney-In-foct AlleSI· (SCIII): Scott Koski , Witness (Printed nom~ and litfe) - - - -- ----­ A lA Doc:.~ .nt (;10 "'" - UI'jIoI co py noh L 10 li fi 2 • fit.! &U~ lIy TIll M",~ e <H1 InH.r:. l'l e elf :\r C h l( ~· rA . .A...ll right . ~".r""W. ~IH~ : 'r'Il.' Al II' r.. I)C'\IIbgot i s. p UJ tA.:: l<lli'<.l 0.':1 U S C~ E" 1 g11r:: l...I..- iU l tf l n L... ri. UOr l.ll t'J .... l ... s. U',-'lllho,"j, l.tld 1" "~t'c.x. h.: c; r:: Lo n 0, tJi ~ L'Lb\lbOI1 DE ~h'lll AI '" DoO c:.~n' . 01'" . ny pclr- t 2. on O t' i t,., 1"""')1 CCll;",Jlt 1n ".van,! c~ ... il a r.d c.-.i.nunAol P'oIn.Ltu:!.s , al'l .J N,ll IN ., cu:.ecut.:d to th~ ,...iU L I..... . ltL.l'llt p;;» •• lbl . ur d cr t he 1 ] ..... rh l~; h" ( l w.. ~ prn 111: ' I).1 11,. "I" ~r"l ... ", re :t l '::»' : 11 ' 1'J n n J1}15/2rp. lIr,der ,j r .:! >!,. tH 1 _l l "I G1 tr" I "1:1 1"1) '· ... ll ! 'f I\! ~ o n !t ' ! JIJ O,; , ~n" i l :-,'. :, C r r na l • . Il..-e r Hot.al: ::' ioi ~. ,)l ;;-) j Packet Pg. 98 THIS P:JWER OF ATIORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. rhis Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated, Certificate No. 6091012 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Christine A. VanAbel; Jessica Dale; Pamela C. Stewart; Scott A. Koski; Scott M. White; Sheryl Polkinghorne; Thomas 0, Cousineau all of the city of Marquette , state of MI each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 23rd day of April , ~. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: ~ Gregory ---;:-- . Davenport, Assistant Secretary STATE OF WASHINGTON ss COUNTY OF KING On this 23rd day of April , 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Ass istant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, W?,shington, on the day and year first above written. ! '/01, q; 'oc By: Kb0.' ~~~~~~~~~ _________________ ;>, ~ KD Riley , NOiAPUblic -\0.)"~. ~M(':~/~ .)'.?'(;,,".;'~, .~~ This Power of Attorney is made and executed pursuant t.o and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as fallows: ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or ather official of the Corporation authorized for that purpose In writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact und'er the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority, ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writi ng by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the'Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shaH be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and ather surety obligations, Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is afull , true and correct copy of the Power ofAttorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ~ day of Dec , 20~ , BY:~D~~'~d~M~- ' ~C~'~~A~~'--~S--------------- aVI . arey, SSlstant ecretary 259 of 300 Packet Pg. 99  CO Systems, Inc. Tel (906) 774·6621 ccisystems,com lOS Ken1SIreel Fax (906) T14 9120 PO, Box 190 Iron Mountain, MI49801 November 13, 2013 Polyengineering, Inc PO Box 841 Shalimar, FL 32579 Reference: Duke Field SCADA Fiber Optic Link County Bid No, 04-13IS; Job No. 41-449 Dear Polyengineering, As required in the contract specifications, upon expiration of our current Certificate of Insurance, an additional copy will forwarded to you for your records. CCI Systems, Inc. will maintain our insurance coverage in excess of two (2) years from completion. If you have questions or require additional information, please do not hesitate to call. 0)Jtli Stuart Lahti, VP of Access Networks END OF SECTION 01700 Duke Field SCADA Fiber Optic Link 01700-7 Job No. 41-449 CON N fCT. Packet Pg. 100  NOTICE TO PROCEED DATE: June 19. 2013 TO: Mr. Stuart Lahti CCI Systems 105 Kent Street Iron Mountain, MI 49801 PROJECT: Duke Field SCADA Fiber Optic Link You are hereby notified to commence WORK in accordance with the Agreement dated May 09, 2013, on or before July 19, 2013. In accordance with Article 4 of the Agreement the date of Substantial Completion is September 17, 2013 and the date of final completion and readiness for final payment is November 16,2013. In case of failure on the part of the CONTRACTOR to complete the work within the time(s) specified in the contract, or within such additional time(s) as may be granted by Okaloosa County, the County will suffer damage, the amount of which is difficult, if not impossible, to ascertain. Therefore the CONTRACTOR shall pay to the COUNTY, as liqUidated damages, the sum of $972.00 for each calendar day of delay that actual completion extends beyond the time limit specified until such reasonable time as may be required for final completion of the work. In no way shall costs for liquidated damages be construed as penalty on the CONTRACTOR. You are required to return an acknowledged copy of this NOTICE TO PROCEED to the OWNER. OKALOOSA~:F COUNTY COMMISSIONERS BY ~~ __ . TITLE: Purchasing Director ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged. eel Systems. Inc. Company Name This the -;;-=-"'--­ 1st ...,.--:;.;Ju:::.;;l;;./..y_ _ _ _, 2013 /).. .' Signatu By: Stuart Lahti Type or Print Name Title: VP of Access Net\-Iorks - - --_ - ... ----. Packet Pg. 101  NAME OF PRO.IECT: Duke Field SCADA Fiber Optic Link j. CONTRACTORS NAME: CCI Systems, Inc. ADDRESS: 105 Kent Lane CCI JOB NO. Iron Mountain, MI49801 . PERIODIC ESTIMATE NO. : _ _ _ FOR PERIOD: July 19, 2013 TO: December 18, 2013 SUBSTANTIAL COMPLETION DATE: _S..:.!eP:. :. te=--m-=.be-=-r.. .;.17.:. .!.,-=2.:. .: 10-=..3_ _ _ _ _ _ _ _ _ _ __ FINAL COMPLETION DATE: _Ja=-n...::.ua=-ry!.....30~,2:.:.0_14~_~_ _~_ _ _ _ _ __ JOB NO. 41·449 ITEM COMPLETED TOTAL COST DESCRIPTION FINAL OTY. &UNIT UNIT PRICE NO. UNITS COMPLETED Mobilization, Bonds &Insurance LS $ 10,228.39 $ 10,228.39 2 Coordination of Work LS $ 23,889.73 $ 23,889.73 Clean and proof existing empty segmentrs of 3 2" conduit and furnish and install pull tape within conduit 37,208 LF $ 0.75 37,208 $ 27,906.00 Fumish and install 96 strand fiber optic cable in existing empty 2" conduit and pull box 4 system, insluding all splice enclosures, fusion splices, maintenance loops, seals, duct plugs, detectable pull tape, testing and all other appurtenances. 39,274 LF $ 2.31 39,274 $ 90,722.94 5 Furnish and install new Pull Box 3 EA $ 2,211.52 3 $ 6,634.56 6 Fumish and install new Splice Box 2 EA $ 866.05 2 $ 1,732.10 TOTAL COST COMPLETED $ 161,113.72 )f Page 1 of 2 Packet Pg. 102  a Original contract amount ................................................................................._$'--_.,;..;16'-':3t-':.5~18:.;..O::-:8=- j' b Plus: Additions scheduled in change orders ........................................................____$;. ;1.:,.38;;,.;.:7.,;. ;5;,. . c Less: Deductions scheduled in change orders...... to'........... ......................................"...._~($~2.:.;;.54...;..3~.~11~) d Adjusted contract amount to date... '" ......... ;............. ~... :........................................,;$'--_..;,;16;.,;.1.:.;;.1..;"13;;,.;..7;,,,,;;2;;,.. ANALYSIS OF WORK PERFORMED: a Total Cost of work performed to date ................................................................. $ 161.113.72 b Stored materials .............................................................................................~$:-_,,:,::-:-:-:-:-=::- c Subtotalof(c)and(d) ..................................................................................... $ 161.113.72 d Less: Amount retained in accordance with contract terms .................................................................. . e Net amount earned on contract work to date............ .......................... ................. $ 161.113.72 f Less: Amount of previous payments .................................................................._$;.-_..,...,....,...,.....,."..,...,:­ 9 BALANCE DUE THIS PAYMENT ...................................................................... $ 161,113.72 CERTIFICATION OF CONTRACTOR: According to the best of my knowledge and belief, I certify that aliltems and amounts shown on the face of this Periodic Estimate for Partial Payments are correct; that all work has been performed and/or materials supplied in full accordance with the requirements of the referenced contract, and I or duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract amount up to and including the last day of the period covered by this Periodic estimate; that no part of the "Balance Due this Payment" has been received, and that the undersigned and his subcontractors have complied with all the labor provisions of said contract. CCI Systems, Inc. DATE: )-/5 -/~I CERTIFICATION OF ENGINEER: I certify that I have checked the above Periodic Estimate for Partial Payment and that to the best of my knowledge and belief it is a true and correct statement of work performed and I or material supplied by the Contractor; and that partial payment claim and requested by the Contractor is correctly computed on the basis of work performed and lor material. Polyengineering, Inc. DATE: /- 27-1'1 AUTHORIZED REPRESENTj\TIVE Page 2of2 Packet Pg. 103 Packet Pg. 104 Packet Pg. 105  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Northwest Florida Regional Airport-ARFF Contract DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve the Chairman to sign the construction contract with Birkshire Johnstone, LLC for the Eglin AFB ARFF Development project in the amount of $2,616,793.60. BACKGROUND: The Board of County Commissioners approved the construction contract award to Birkshire Johnstone, LLC at the December 17, 2013 Commission Meeting. The project is funded by Federal Aviation Administration 90%, Florida Department of Transporation 5%, Local Match- Passenger Facility Charges 5%. OPTIONS: Approve, Reject or Table RECOMMENDATIONS: Approve the request for the Chairman to sign the contract to Birkshire Johnstone, LLC in the amount of $2,616,793.60. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 106 Packet Pg. 107 Packet Pg. 108 Packet Pg. 109 Packet Pg. 110 The following reference is provided as a link for the following: BCC Meeting: February 18, 2014 Agenda Item: 2469 Agenda Item Title: Northwest Florida Regional Airport-ARFF Contract Reference Name: Reference Link: http://www.co.okaloosa.fl.us/conformed_documents.pdf Packet Pg. 111  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Proclamation for Drinking Water Week DEPARTMENT: Water and Sewer BCC DISTRICT: All STATEMENT OF ISSUE: May 4-10, 2014 is “Drinking Water Week”. This observance is sponsored each year by the American Water Works Association (AWWA) and a number of other organizations and agencies. Following the theme "What do you know about H²O?”. Drinking Water Week provides an opportunity for the public to focus on the role we all play in understanding and caring for our water supplies and systems. BACKGROUND: For more than 35 years, American Water Works Association and its members have celebrated Drinking Water Week as a unique opportunity for water professionals and the communities they serve to join together to recognize the vital role water plays in our daily lives. People use water every day to meet their domestic, industrial, agricultural, medical, and recreational needs. Access to public water sources that are safe and reliable is crucial for the health and prosperity of a society. OPTIONS: Approve or deny. RECOMMENDATIONS: OCWS requests BCC approval to authorize the Chairman to proclaim May 4-10, 2014 as Drinking Water Week. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 112 Packet Pg. 113  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Proclamation for Water Conservation Month DEPARTMENT: Water and Sewer BCC DISTRICT: All STATEMENT OF ISSUE: April is traditionally the driest month in Florida. Since 1998, water conservation practitioners, including the Governor and Cabinet, throughout Florida have declared April as Water Conservation Month. April is also recognized as National Water Conservation Month. BACKGROUND: April is not only one of the driest months of the year, but is also a peak demand month for use of public water and other water sources. As we recognize Water Conservation Month this April, Floridians are encouraged to take proactive steps to conserve the daily use of water and safeguard one of Florida’s most vital resources. OPTIONS: Approve or deny. RECOMMENDATIONS: OCWS requests BCC approval to authorize the Chairman to proclaim the month of April as Water Conservation Month. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 114 Packet Pg. 115  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Qualified Beach Vendor Certificate for Destin Yoga DEPARTMENT: Public Works BCC DISTRICT: 5 STATEMENT OF ISSUE: Rhonda Comparin owner of Yoga Destin has submitted a renewal application for a Qualified Beach Vendor Certificate (QBVC) to conduct classes in a covered pavilion and/or on the beach at James Lee Park. BACKGROUND and ANALYSIS: Rhonda Comparin owner of Destin Yoga has met the requirements specified in Ordinance No. 13-07, County Recreation Areas, Section 8: Commercial Activity on Public Lands, to obtain a Qualified Beach Vendor Certificate. Granting this request will permit said business to conduct yoga/pilate classes for a fee at James Lee Park in accordance with any exceptions, restrictions, or provision the Board may impose. This is a renewal application. OPTIONS: Approve/Disapprove. RECOMMENDATION: Request Board approval of the Qualified Beach Vendor Certificate 0044 for the calendar year of 2014 (13QBVC0044) to Rhonda Comparin owner of Destin Yoga. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 116 Revised: March 5, 2013 Qualified Beach Vendor Certificate Processing Check List New Applications √ Renewal Date Received: January 10, 2014 Company Name: Destin Yoga Contact Person: Rhonda Comparin/James Comparin Phone #: (850) 897-3788/ (850) 496-4911 Email: comparin@cox.net NA Application form √ $500 Application fee √ Hold Harmless Agreement √ Statement of Acceptance of Ordinance 13-07 √ Copy of Liability Insurance for $1,000,000 naming BCC as insured √ Copy of O.C. Local Business Tax Receipt NA Copy of Workman’s Comp. Insurance policy BCC Approval: _______________________ Packet Pg. 117  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Event Permit - Emerald Coast Volleyball Week 2014 DEPARTMENT: Public Works BCC DISTRICT: Two STATEMENT OF ISSUE: Southern Events Management, Inc., has requested permission to utilize county beach area to conduct a week long volleyball tournament. BACKGROUND and ANALYSIS: 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 Southern Events Management, Inc., to conduct a week long volleyball tournament near the Boardwalk on Okaloosa Island. The event would take place beginning Wednesday, April 23rd and would continue through Sunday, April 27th between the hours of 9:00 A.M. and 5:00 P.M. each day. Setup for the event would begin Monday, April 21st and final break down would take place Monday, April 28th. This request has been reviewed by Public Works, Public Safety, the Sheriff’s Office and the Tourist Development Department. The Lessee at the Boardwalk has concurred with the request. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve the request for a Special Event permit for Southern Events Management to conduct a 5-day volleyball tournament to be held on the County beach adjacent to the Boardwalk on Okaloosa Island. RECOMMENDED BY: APPROVED BY: Packet Pg. 118 Ernie Padgett, County Administrator Packet Pg. 119 Packet Pg. 120 Packet Pg. 121 Packet Pg. 122 Packet Pg. 123  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Award Contract for Stormwater Pipe Rehabilitation DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Award contract to Insituform Technologies for cured in place (CIPP) stormwater pipe rehabilitation and authorize the Chairman to sign. BACKGROUND: Bids were opened on December 4, 2013 for cured in place stormwater pipe rehabilitation services and one bid was received from Insituform Technologies. All required documents have been signed and are made a part of this agenda and the contract is ready to execute. Following background information provided by the Public Works Department: Okaloosa County has an extensive network of aging drainage infrastructure that is in need of repair. Due to space and adjacent structure constraints, specialized technologies, called trenchless technologies, are employed for replacement and repairs. One of these techniques is a Cured In Place Pipe (CIPP) that allows a failing pipe to be restored with a resin impregnated liner. Once the liner is cured, the deteriorated pipe is simply abandoned in place and is no longer of any consequence to the drainage system. Although expensive, these technologies are a better alternative to a high risk excavation adjacent to homes or other structures. OPTIONS: Award or Reject entering into contract with Insituform Technologies. RECOMMENDATION: Staff recommends awarding to Insituform Technologies and authorizing the Chairman to sign the contract. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 124 Packet Pg. 125 Packet Pg. 126 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 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 Packet Pg. 182 Packet Pg. 183 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  RECEIVED OCT 222013 CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: Number: Contractor/Lessee Name:._ 1&d R.D. 'i Grant Funded: YES_ NO Purpose': t v Date/Term )61 LI GREATER THAN $50,000 Amount 2 LI GREATER THAN $25,000 Department / \'\) 3 ElI $25,000 OR LESS Dept Monitor Name: Document has been reviewed and includes any attaOhménis or exhibits. County Attorney Review kasWrt\en:.. A Date CoNnty'Alto'rney Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager Packet Pg. 228 H -. 0 0 H II) 0 00 0 0 Cl 0 0 0 0 0 N 0 0 Cl 00 0 0 0 000r)r000000000000ClU)• 0• W U) U) U) P Cl H 0 U) 0 0 0 0 Cl 0 Cl U) NH H H H P Er) H wwHOOOM0000000000000 v oom U) U) U) -) 0 U) 00 U) H 00000000000 U) 0 U) 00 J PCi) 00ClU)00000H0000U)0U)U)U)0 0 0 0 001 U) 00 U) H 00 CN OlD U) 0000 H LI 00 LI U) 0 0 0 0 H 0) 00 U) Cl 00 N 00 Cl 0000 U) U) 0 I Cl C Cl Cl Cl Cl 01Cr) - -- -- "" - El 00 Cl (0 C U) Cl 00 000 U) C U) C Cl II) -4 U) U) U) U) U) 00 H o N Cl 0 U) Cl LI 00 U) U) U) U) U) ID U) Cl Cl Cl Cl C11 14 Clr4H U)ClINHHHH Cl ClNCl Cl Cl Cl H U) U) I!) 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El)1' P0 -0 P1 ICr)OH PCI) ElCr)OOHElPCr)OOPCOPO p p .C)H PH C)Z PI-)Cl IPOIPPCr)HElZ PPElPHElflPPZPr1I C) o-i El ZPZ — El0 I.-I I0 El PP C)HkIC)u)O 0 0 C)Clr-4 HP PN OQIN PHOpO.-)OHpHOElPOEl0r)P PP Cr. Elm lPP P0PP0Cr.0 E.-0ElP El Zr-lU) U 0 P4 PHIl P 0 P4 -- z El 0, ClCl OH P P ClErIP 0 0 0 Cr) 00H HE4 OP 0 El El El El P P ElZ OPO ClElEl Z0U)U)Cl0U)01U)U)HClClVLtIU)NCl0Cl0 00 PL HHCIC)1U)U)U)U)U)U)U)U)C0 PEC) Cr10 ErC) OU)U)U)C0CHHHHHHHHHHHClC)Cl C-P ..)0 PE-iO 01 0U)U) PU 0O P U U)U)U)U)U)U)U)U)U)U)U)U)U)U)U)U)U)U) 0 COPE-)C0 COE101 fl n LIU)U)U)U)U)U)U)U)U)U)U)U)U)U)U)U)0)U)U)U) El Packet Pg. 229  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Re-appoint Jeff Linn and Joel Richardson 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. Jeff Linn, State Certified Electrical Contractor and Joel Richardson, State Certified Electrical have agreed to serve another 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 re-appointment of Jeff Linn and Joel Richardson to the Electrical Competency Board. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 230  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Re-Appoint David Cummins to the Plumbing Competency Board DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Section 6-291 of the Code of Ordinances (excerpted below) provides for the appointment of representatives to construction, plumbing, and mechanical competency boards which assist the County with implementing the provisions of the Florida Building Code and other related regulations, as well as consider applications for trade licenses and possible disciplinary actions David Cummins, State Registered Master Plumbing Contractor has agreed to serve another three (3) year term on the Plumbing Competency Board. DIVISION 2. COMPETENCY BOARDS Sec. 6-291. Composition; appointment of members. The board of county commissioners shall appoint members to the three boards addressed in this ordinance division, namely, the construction competency board, the plumbing competency board and the mechanical competency board. The membership shall be as follows: (a) The construction competency board shall consist of 12 members, with nine who are engaged in business as marine, general, residential, or building contractors, specialty contractors such as specialty structures, exterior applications, landscape, demolition, site removal and house moving, and three who are consumer representatives. (b) The plumbing competency board shall consist of eight members, with five who are engaged in the business either as a plumbing contractor, a pool contractor, irrigation contractor, or a master gas contractor, and three who are consumer representatives. (c) The mechanical competency board shall consist of eight members, with five who are engaged in business either as a mechanical contractor, an air conditioning contractor, a sheet metal contractor, or a master gas fitter, 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 re-appointment of Davis Cummins to the Plumbing Competency Board. Packet Pg. 231 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 232  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Re-Appoint David Galliard, Roger Casey and Lee Jackson to the Mechanical Competency Board DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Section 6-291 of the Code of Ordinances (excerpted below) provides for the appointment of representatives to construction, plumbing, and mechanical competency boards which assist the County with implementing the provisions of the Florida Building Code and other related regulations, as well as consider applications for trade licenses and possible disciplinary actions. David Gaillard, State Certified Class “B” Air Conditioning Contractor; Roger Casey, State Certified Class “A” Air Conditioning Contractor, State Certified Mechanical Contractor as well as State Certified Electrical Contractor; and Lee Jackson, consumer representative have agreed to serve another three (3) year term on the Mechanical Competency Board. DIVISION 2. COMPETENCY BOARDS Sec. 6-291. Composition; appointment of members. The board of county commissioners shall appoint members to the three boards addressed in this ordinance division, namely, the construction competency board, the plumbing competency board and the mechanical competency board. The membership shall be as follows: (a) The construction competency board shall consist of 12 members, with nine who are engaged in business as marine, general, residential, or building contractors, specialty contractors such as specialty structures, exterior applications, landscape, demolition, site removal and house moving, and three who are consumer representatives. (b) The plumbing competency board shall consist of eight members, with five who are engaged in the business either as a plumbing contractor, a pool contractor, irrigation contractor, or a master gas contractor, and three who are consumer representatives. (c) The mechanical competency board shall consist of eight members, with five who are engaged in business either as a mechanical contractor, an air conditioning contractor, a sheet metal contractor, or a master gas fitter, 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 re-appointment of David Gaillard, Roger Casey and Lee Jackson to the Mechanical Competency Board. Packet Pg. 233 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 234  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Re-appoint Skip Royster to the Construction Competency Board DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Section 6-291 of the Code of Ordinances (excerpted below) provides for the appointment of representatives to construction, plumbing, and mechanical competency boards which assist the County with implementing the provisions of the Florida Building Code and other related regulations, as well as consider applications for trade licenses and possible disciplinary actions. Skip Royster, State Certified Building Contractor and State Registered Roofing Contractor; has agreed to serve another three (3) year term on the Construction Competency Board. DIVISION 2. COMPETENCY BOARDS Sec. 6-291. Composition; appointment of members. The board of county commissioners shall appoint members to the three boards addressed in this ordinance division, namely, the construction competency board, the plumbing competency board and the mechanical competency board. The membership shall be as follows: (a) The construction competency board shall consist of 12 members, with nine who are engaged in business as marine, general, residential, or building contractors, specialty contractors such as specialty structures, exterior applications, landscape, demolition, site removal and house moving, and three who are consumer representatives. (b) The plumbing competency board shall consist of eight members, with five who are engaged in the business either as a plumbing contractor, a pool contractor, irrigation contractor, or a master gas contractor, and three who are consumer representatives. (c) The mechanical competency board shall consist of eight members, with five who are engaged in business either as a mechanical contractor, an air conditioning contractor, a sheet metal contractor, or a master gas fitter, 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 re-appointment of Skip Royster to the Construction Competency Board. Packet Pg. 235 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 236  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 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 budget transfer in from Capital Outlay Construction Fund for Shalimar Annex asbestos survey in the amount of $8,000. Resolution amending the Fiscal Year 2014 Budget, Airport Enterprise Fund, which did not reflect adequate appropriations for Airport revenue refunding bond series 2014 in the amount of $2,088,860. BT-14-26 Capital Outlay Construction Fund in the amount of $218,000. Provide funding for Facility Maintenance projects approved at the February 4, 2014 Board of County Commissioners meeting. BT-14-27 Capital Outlay Construction Fund in the amount of $37,697. Provide funding for final payment to Skanska/Lord for Courthouse Annex Extension approved at the January 21, 2014 Board of County Commissioners meeting. Packet Pg. 237  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 budget transfer in from Capital Outlay Construction Fund for Shalimar Annex asbestos survey, 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 $8,000 EXPENDITURES DEPT-ACCOUNT AMOUNT Repair/Maintenance – Facilities 0112-546620 $8,000 Adopted this regular session the 18th day of February 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. 238  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET AIRPORT ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for Airport revenue refunding bond series 2014, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Airport Enterprise Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT AT-Rev Ref Bond 2014 4200R-384422 $2,088,860 EXPENDITURES DEPT-ACCOUNT AMOUNT Other Principal 4202-571900 $2,000,000 Other Debt Service Costs 4202-573900 $88,860 Adopted this regular session the 18th day of February 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. 239 Packet Pg. 240 Packet Pg. 241  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Okaloosa County Transit Task Order for City of Crestview funding and General Revenue DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: The Department of Growth Management requests the Board to approve the attached task order with Okaloosa County Transit (OCT) for reimbursement of operating costs. BACKGROUND: Task Order No. 55 amendment 1 states that the County will reimburse OCT for operating costs for the operation of fixed routes 11 and 12 in Crestview. The amount approved by the Board via Memorandum of Agreement dated November 5, 2013 is $13,125 from the City of Crestview and $13,125 from the Board. The Clerk's office has confirmed receipt of the $13,125 from the City of Crestview. The MOA established service to begin November 4, 2013 for 90 days. The funding will be used to satisfy the 50% match requirement to draw down FDOT/FTA 5311 grant funds which supports the operations of routes 11 and 12. The total increase in Task Order No. 55 amendment 1 is $26,260. Task Order No. 55 amendment 1 revises the amount to $317,025. RECOMMENDATION: The Department of Growth Management recommends that the Board authorize the Chairman to sign the attached task order for reimbursement of operating costs for fixed route service to OCT. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 242 Packet Pg. 243 Packet Pg. 244 Packet Pg. 245 Packet Pg. 246 Packet Pg. 247 Packet Pg. 248 Packet Pg. 249 Packet Pg. 250 Packet Pg. 251 Packet Pg. 252  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Award Bid for Repair and Painting Countryview & Bluewater Tanks DEPARTMENT: Purchasing BCC DISTRICT: 1&5 STATEMENT OF ISSUE: Seeking Board approval to award a contract to American Suncraft Construction Co., Inc. for the repair and painting of the Countryview and Bluewater Tanks. BACKGROUND & ANALYSIS: The Water & Sewer Department has allocated funding in their budget each year for maintenance of their nineteen potable water storage tanks. A major component of this maintenance program is repairing and repainting one to two tanks per year to keep the coating systems both attractive and serviceable. FY14 budget included funds for the complete repainting of the Countryview Tank in the Mid County service area and the Bluewater Tank in the East County (Bluewater) service area, including minor repairs required on each tank. Four bids were received on February 5, 2014 for this work and a bid tabulation is attached for your review. The lowest responsive, responsible bid was received from American Suncraft Construction, Inc. of Medway, OH in the amount of $543,475.00. American Suncraft has completed prior tank painting for the County and their work has been exemplary. OPTIONS: Award or Reject entering into contract with American Suncraft Construction Co., Inc. RECOMMENDATION: Staff recommends awarding bid to American Suncraft Construction Co., Inc. as the lowest responsive bidder. 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Lessee Name P Grant Funded YES_ NO Purpose Date/Term 1 GREATER THAN $50,000 Amount 2 GREATER THAN $25,000 Department Ui 3 Liii $25,000 OR LESS Dept Monitor Name:ç4 44 M14 Document has been reviewed and includes any aftachmenls or exhibits. Purchasing Review Focure, qui nts )eflet: Date: I -JO 1 Pu sifig DiYector or designee Risk Management Review Approved Vte Date: / Risk ' a ager or designee County Attorney Review Date: Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager 5c&74 Packet Pg. 436  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Authorization to Auction Surplus Items DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Purchasing seeks authorization from the Board to auction surplus items through Global Enterprises. 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). Auctioning the surplus items is a new process. So far this year the auction proceeds from the non-TDD items have totaled $17,968.50. This total is over twice the proceeds from the previous process of the one day sale. (2012 - $7,998.9, 2011 - $8005.24, and 2010 - $6,285.00, No one day sale was held in 2013.) At the close of the first wave of auctions, there were 225 total registered bidders with 123 of those being from the 325_ _ zip code area. A total of 154 were from Florida and 70 bidders were from other states with one from Mexico. (Note: Bids close on TDD items on February 21, 2014.) 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. 437 Packet Pg. 438 Packet Pg. 439 Packet Pg. 440 Packet Pg. 441 Packet Pg. 442 Packet Pg. 443 Packet Pg. 444 Packet Pg. 445  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Board Approval to Purchase Two (2) 14 Cubic Yard Heavy Duty Dump Trucks DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Seeking Board approval to purchase two (2) 14 cubic yard heavy duty dump trucks from Orlando Freightliner for the Public Works Department. BACKGROUND & ANALYSIS: Bids were opened on February 5, 2014 to purchase two (2) heavy duty 14 cubic yard dump trucks and 6 bids were received. The lowest responsive bid, meeting specifications, was from Orlando Freightliner for a total of $185,418. Purchasing is seeking Board approval to purchase the two dump trucks from Orlando Freightliner as the lowest responsive bid. A bid sheet is attached to this agenda item to reflect all bids received. The Public Works department has funding approved in the FY14 budget for the purchase. OPTIONS: Approve/disapprove purchase of two (2) heavy duty dump trucks from Orlando Freightliner. RECOMMENDATION: Staff recommends approving purchase of two (2) heavy duty dump trucks from Orlando Freightliner. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 446  RECEIVED IAN 062014 CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: Tracking Number: ____ Contractor/Lessee Name: j Grant Funded: YES_ NOX Purpose: Date/Term: 1• 11J(2PATPPTI-IAJVflflfln Amount: 2. LI GREATER THAN $25,000 Department: 3. LI $25,000 OR LESS Dept. Monitor Name: l , LLe Document has been reviewed and includes any altachmenls or exhibits. Purchasing Review t requirements Date:_________ ks... Risanagement Review /5 ' Approved as Date _______ Ris Manaaer or desianee County Attorney Review Date: A Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager Packet Pg. 447  a) 4 w 0 = '4, 0 a) C 14) LU> w IV C14 0 CO v CO o CO CO v CO 0 0. C) -OI CL Q c.i N Iq co LO 0 0. 0'. CO CO o,- I— - 0 0 I- U) w .0 0 w U I .0 0 (I, U U) e l U I- - 4- LD U) C G) . . E a- .5 >% 0 >0. LU g - LU U) a) a. • o C • . _Ile .2 -,..0 C o o U) 22 L L. I- -, o 0 I C•1 0 Or- o 0 I— a a a °EE ______ LU LU 0 U.' Packet Pg. 448 Zan Fedorak From: John Hofstad Sent: Monday, February 10, 2014 9:15 AM To: Jack Allen; John Vaughn Cc: Nathaniel Hooks; Zan Fedorak Subject: RE: Recommendation for 14 YD Dumps Works for me. I'm good with the proposed purchase. Thanks, John Hofstad Public Works Director Okaloosa County Public Works 1759 South Ferdon Blvd. Office (850) 423-4826 Fax (850) 689-5786 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: Jack Allen Sent: Monday, February 10, 2014 9:12 AM To: John Vaughn Cc: John Hofstad; Nathaniel Hooks; Zan Fedorak Subject: RE: Recommendation for 14 YD Dumps Importance: High John H., If you concur, please reply to this email and we will prepare the agenda request. Thanks, Jack From: John Vaughn Sent: Thursday, February 06, 2014 9:23 AM To: Jack Allen Cc: John Hofstad; Nathaniel Hooks Subject: Recommendation for 14 YD Dumps Jack, I recommend we buy the Road Department's two new 14 yard dump trucks from Orlando Freightliner. They are the low bidder and do meet all specs. John Vaughn Fleet Operations Director Okaloosa County Board of County Commissioners (850)689-5775 "Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure." Packet Pg. 449  Department Notes Account Account Title Note Amount 302 ROAD/BRIDGE CONSTRUCTION FUND 540 TRANSPORTATION 541 ROAD AND STREET FACILITIES 3202 ROAD/BRIDGE-1 LOGT 563140 DAVIS ROAD PAVE ROAD UNDER DUSTY ROADS EXEMPTION $175,000 TO TAL ACCOUNT $175,000 563148 MOUNT OLIVE ROAD MILL & RESURFACE ROADWAY $600,000 TOTAL ACCOUNT $600,000 563 149 OLD EBENEEZER ROAD RESURFACE EXISTING COLD MIX $250,000 TOTAL ACCOUNT $250,000 563 167 BRIDGE CONVERSION ANNUAL TIMBER BRIDGE CONVERSION/BRIDGE REPLACEMENT $200,000 7OIAL ACCOUNT $200,000 563242 FOXWOOD PHASE ifi DRAINAGE RECONSTRUCTION AND RESURFACING $250,000 TOTAL ACCOUNT $250,000 563490 OTHER IMPROVEMENTS COLD MIX ROADS - REHABILITATION $200,000 TOTAL ACCOUNT $200,000 564402 TRANSPORTATION EQUIP BOOM AXE $110,000 LOADER 170 HP 3YD $195,000 LOADER 205 HP 4.75 YD $225,000 TRACTOR 73 FF0 HP $40,000 BATWING MOWER 15' PTO $15,000 FLATBED DUMP W/CREW CAB $75,000 DUMP TRUCK $98,000 DUMP TRUCK $98,000 FLATBED DUMP W/CREW CAB $75,000 HYDRAULIC CRANE $600,000 TOTAL ACCOUNT $1,531,000 Page 5-46 Packet Pg. 450  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Approve Contract with Bill Smith Electric for Electric Manhole Rehabilitation DEPARTMENT: Purchasing BCC DISTRICT: ALL STATEMENT OF ISSUE: Approve Chairman to sign previously awarded contract with Bill Smith Electric, Inc. for electric manhole rehabilitation. BACKGROUND: On December 3, 2013 the Board approved to award the contract for Electrical Manhole Rehabilitation to Bill Smith Electric being the sole bidder meeting specifications for the amount of $201,207. Attached is the contract which is ready to execute. At this time, we are seeking authorization for the Chairman to sign the contract. OPTIONS: Approve or Reject authorization for the Chairman to sign contract. RECOMMENDATION: Staff recommends approval for the Chairman to sign the contract. 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For network cabling and repair. BACKGROUND: A bid opening on December 4, 2013 resulted in five (5) bids being received for network cabling and repair. The Information Systems Department has recommended that we enter into contract with all five companies to decrease the likelihood of a delayed response time. This recommendation is due to the limited availability of vendors on short notice which has the possibility to create lengthened down times. All necessary documentation has been received and has been made a part of this agenda item. Purchasing is requesting award of the contracts and authorization of the Chairman to sign. OPTIONS: Approve or Reject entering into contract with the five (5) responding bidders for network cabling and authorization for the Chairman to sign. RECOMMENDATION: Staff recommends approval of the contracts with Datech, Glaze Communication, GSC Communications, Network Cabling Service, Inc., Universal Cabling System, Inc. And also requests approval for the Chairman to sign the contracts. 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Jack From: Don Vanderhoek Sent: Friday, January 10, 2014 1:06 PM To: Jack Allen Cc: Donna Lawler; Zan Fedorak; Andrea Diaz-Concha; Karen Donnelly Subject: RE: Okaloosa Co Project--Network Cabling Contract Jack, I concur with Donna and Karen that we would like to enter into contract with all five bidders. Thanks! DO-VV V Ivtfri'not(oi'v SyteM'14 D(retor OkctZaaci Cowt.ty'BCC (850) 651-7570 (850) 651-7576 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 re q uest. Therefore, this e-mail communication rnay be subject to public disclosure. From: Jack Allen Sent: Friday, January 10, 2014 12:46 PM To: Karen Donnelly Cc: Donna Lawler; Zan Fedorak; Don Vanderhoek; Andrea Diaz-Concha Subject: RE: Okaloosa Co Project--Network Cabling Contract Hey Karen, I returned Mr. Herman call this morning but had to leave a voicemail. Yes, we were working on the agenda request yesterday and realized we didn't have a recommendation from Don, as the Director, so we emailed Don yesterday for confirmation. Also, we didn't have an "original" proposal from Mr. Turner, so I've left message requesting one. Packet Pg. 835 Also, Zan and I were looking at the pricing for all five bids and wondered if it would be best to only enter into contract with the three lowest bidders because there is a big jump in unit prices from the first ($40 per hour) to the fifth ($80 per hour) bidders. What's your thoughts and Don's? Thanks, Jack From: Karen Donnelly Sent: Friday, January 10, 2014 12:10 PM To: Jack Allen Cc: Donna Lawler Subject: FW: Okaloosa Co Project--Network Cabling Contract Lii jack, Do ou have ant info for us on tke sf:atus of the Network Cabling 51c1 and c_ontracts? Donna emailed on I 2.-- 1 -ZO 1 5tating,-,ke Would like all bidders to be mnchided in the contract. ike bellow from NC_3 has been patientltj calling and emailing to find out tkC status. Thank Lj ou, Karen Donnell 3 5CC. Network /\dminisl:rat:or 689-55 1 8 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: Herman Turner [mailto: hturnerncscabling .com] Sent: Friday, January 10, 2014 10:09 AM To: Karen Donnelly Cc: mpittman@)ncscabling.com Subject: RE: Okaloosa Co Project Karen, I have talk to you in the past about NCS being the low bidder for Bid #IS 17-14. I am wandering could you lead me in the right direction who I would need to follow up with and actually finish the bid process and maybe complete the contract so NCS could be put on your preferred vendor list? Thank you for your help with this matter. rncw 7rvte Network Cabling Services, Inc. 7018 Pine Forest Rd. Pensacola, Fl 32526 0#850-941-4200 F#850-941-4201 C#850-324-1223 www.ncscabling.com Packet Pg. 836 From: Karen Donnelly [mailto:kdonnelly@co.okaloosa.fI.us] Sent: Tuesday, December 03, 2013 1:28 PM To: Herman Turner Subject: RE: Okaloosa Co Project t1i Mr. Turner, I did speak to our rtirckasing Dept., the Contract page is onl a Tkank ou for forwarding this on. 5ample Contract. You do not need to Fill it out. You mat list different labor costs for different tpes of cabling/fiber on the "bid s5keet" page. Thank t j ou, Karen Donnell, CC Network Administrator c489-5518 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: Herman Turner [mailto: hturnerncscabling.com ] Sent: Tuesday, December 03, 2013 1:11 PM To: Karen Donnelly Subject: Okaloosa Co Project Here is my contact information and the pdf including the contract. enn/B 7rvtei Network Cabling Services, Inc. 7018 Pine Forest Rd. Pensacola, Fl 32526 0#850-941-4200 F#850-941-4201 C#850-324-1223 www.ncscabling.com Packet Pg. 837  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Award of Bid for Reroofing Tourist Development Welcome Center DEPARTMENT: Purchasing BCC DISTRICT: 2 STATEMENT OF ISSUE: Seeking Board approval and award of contract to Ameritech Enterprises, LLC for reroofing TDD Welcome Center. BACKGROUND & ANALYSIS: The notice to bidders for reroofing the TDD Welcome Center was published on December 12, 2013. Bids were opened on January 8, 2014 and three bids were received; Ameritech Enterprises, LLC $96,350, Vanderheyden, Inc. $104,890, and Edwards Roofing Co. $115,000. Staff recommends award to Ameritech Enterprises, LLC as the lowest bidder meeting all requirements. Bidder signed contract and required forms are made a part of this agenda request. Staff requests authorization for the Chairman to sign contract. OPTIONS: Award or Reject awarding contract to Ameritech Enterprises, LLC to reroof the TDD Welcome Center and authorizing the Chairman to sign. RECOMMENDATION: Staff recommends awarding bid to Ameritech Enterprises, LLC. 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BACKGROUND & ANALYSIS: Background provided by Water & Sewer: Water & Sewer transports biosolids (AKA “sludge”) from the Bob Sikes Water Reclamation Facility (WRF) and the Russell Stephenson WRF to the digester at the Arbennie Pritchett WRF. The biosolids from all three WRFs then go through the rotary drum thickener into the digester and are dewatered with the centrifuge at the final solids stage of the plant. The solids come out of the centrifuge as Class B Biosolids. OCWS equipment and staff have been hauling Class B Biolsolids to R & E Farms, almost daily, for approximately 4 years. R & E Farms then applies the biosolids at one of their sites. This process was supported by contract #C09-1691-WS which expired on 9/30/13. Prior to the expiration, OCWS requested that bids be sought for a biosolids removal service (RFB #WS 42-13). These bids were received on 8/8/2013. Unfortunately, the bids came in much higher than the current contract pricing and budgeted funding. The former contract price was $5.50/cubic yard and the new proposed price would have been $13.60/CY. It was determined that a new FDEP unfunded mandate had adversely affected the pricing. This unfunded mandate imposed a regulation that more land area is required at the application sites per CY. Rather than accept the bids that were higher than expected, on 9/3/2013 the Board approved 1) a 6-month contract extension with R & E Farms through 3/31/2014 with their current pricing, terms, and conditions, and 2) re-bid the biosolids service with different specifications, which included allowing Alabama sites, to seek more competitive pricing. The service was re-bid as RFB# WS 21-14 and bids were received on 1/8/2014 from Synagro South LLC and R & E Farms, LLC. Bid tabulation is attached. R & E Farms was the lowest responsive bidder in all 3 requested line items: $7.65/CY to DeFuniak Springs - disposal only & site located in Florida $6.25/CY to Florala - disposal only & site located in Alabama $21.5/CY - disposal & transportation (load at Arbennie Pritchett WRF) OCWS has performed a financial analysis for these three options, giving consideration to the Packet Pg. 905 expenses that are incurred other than the direct cost to R & E, such as mileage (including fuel, maintenance, and labor costs) and capital costs (such as tractor-trailers). This analysis found the least expensive option to be hauling the biosolids to Florala @ $6.25/CY. Fortunately, a bid award and resulting contract to R & E Farms would give staff the flexibility of the 3 options above as needed. With an estimate of 13,110 CYs in a calendar year, the yearly cost to haul to R & E Farms would be approximately $82,000. OCWS budgeted $60,000 in FY2014 for this expense; therefore, a budget transfer will be needed before the end of the fiscal year to cover the added cost of FDEP’s unfunded mandate. OPTIONS: Approve/Disapprove award of bid to R & E Farms for biosolids removal and transportation being the lowest responsive bidder. RECOMMENDATION: Staff recommends approving award of bid to R & E Farms for biosolids removal and transportation being the lowest responsive bidder. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 906 Packet Pg. 907 Packet Pg. 908 Packet Pg. 909 Packet Pg. 910 Packet Pg. 911 Packet Pg. 912 Packet Pg. 913 Packet Pg. 914 Packet Pg. 915 Packet Pg. 916 Packet Pg. 917 Packet Pg. 918 Packet Pg. 919 Packet Pg. 920 Packet Pg. 921 Packet Pg. 922 Packet Pg. 923 Packet Pg. 924 Packet Pg. 925 Packet Pg. 926 Packet Pg. 927 Packet Pg. 928 Packet Pg. 929 Packet Pg. 930 Packet Pg. 931 Packet Pg. 932 Packet Pg. 933 Packet Pg. 934 Packet Pg. 935 Packet Pg. 936 Packet Pg. 937 Packet Pg. 938 Packet Pg. 939  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: 2014 FTA Certifications and Assurances DEPARTMENT: Growth Management BCC DISTRICT: ALL STATEMENT OF ISSUE: The Department of Growth Management requests that the Board authorize the Chairman and County Attorney to sign the Federal Fiscal Year 2014 FTA Certifications and Assurances. It also requests approval for the Contracts and Grants staff’s use of an electronic PIN number certifying the Chairman’s signature to submit the Certifications and Assurances electronically. BACKGROUND: The Federal Transit Administration (FTA) has consolidated and updated the various pre-award Certifications and Assurances required for its Federal transit assistance (funding) programs for Federal fiscal year (FY) 2014. Certifications and Assurances are required to be awarded Federal Transit Administration grant funding. Okaloosa County is allocated FTA 5307 and 5311 funding annually. RECOMMENDATIONS: The Department of Growth Management recommends that the Board authorize the Chairman and County Attorney to sign the Federal Fiscal Year 2014 FTA Certifications and Assurances, and to approve the electronic submission of the 2014 FTA Certifications and Assurances. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 940  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES PREFACE Except as the Federal Transit Administration (FTA or We) determines otherwise in writing, before FTA may award Federal transit assistance (funding or funds) to support a public transportation Project, an Authorized Representative (You) of the Project sponsor (Applicant) must select certain Certifications and Assurances required by Federal law or regulation. The Authorized Representative must be duly authorized by the Applicant to, among other things, sign these Certifications and Assurances and bind the Applicant’s compliance. You, as the Authorized Representative, must select all Certifications and Assurances required of your Applicant (or it) to support its applications for FTA funding during Federal fiscal year (FY) 2014. We request that you read each Certification and Assurance and select those that will apply to all Projects for which your Applicant might seek FTA funding. As required by Federal law and regulation, only if you select adequate Certifications and Assurances on your Applicant’s behalf, may FTA award Federal funding for its Project. We have consolidated our Certifications and Assurances into twenty-four (24) Groups. At a minimum, you must select the Assurances in Group 01 on your Applicant’s behalf. If your Applicant requests more than $100,000, you must also select the “Lobbying” Certification in Group 02, unless it is an Indian tribe or organization or a tribal organization. Depending on the nature of your Applicant and its Project, you may also need to select some Certifications and Assurances in Groups 03 through 24. However, instead of selecting individual Groups of Certifications and Assurances, you may make a single selection that will encompass all twenty-four (24) Groups of Certifications and Assurances that apply to all our programs. FTA, your Applicant, and you understand and agree that not every provision of these twenty-four (24) Groups of Certifications and Assurances will apply to every Applicant or every Project FTA funds even if you make a single selection encompassing all twenty- four (24) Groups. Nor will every provision of all Certifications and Assurances within a single Group apply if that provision does not apply to your Applicant or its Project. The type of Project and Applicant will determine which Certifications and Assurances apply. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participant(s) to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. If your Applicant is a team, a consortium, a joint venture, or a partnership, it understands and agrees that you must identify the activities each member will perform and the extent to which each member will be responsible for compliance with the Packet Pg. 941  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Certifications and Assurances you select on its behalf, except as FTA determines otherwise in writing. It is important that your Applicant and You also understand that these Certifications and Assurances are pre-award requirements, generally imposed by Federal law or regulation, and do not include all Federal requirements that may apply to it or its Project. Our FTA Master Agreement MA(20) for Federal FY 2014, available at http://www.fta.dot.gov, contains a list of most of those requirements. We expect You to submit your Applicant’s FY 2014 Certifications and Assurances and its applications for funding in TEAM-Web. You must be registered in TEAM-Web to submit the FTA FY 2014 Certifications and Assurances on its behalf. The TEAM-Web “Recipients” option at the “Cert’s & Assurances” tab of the “View/Modify Recipients” page contains fields for selecting among the twenty-four (24) Groups of Certifications and Assurances and a designated field for selecting all twenty-four (24) Groups of Certifications and Assurances. If FTA agrees that you cannot submit your Applicant’s FY 2014 Certifications and Assurances electronically, you must submit the Signature Page(s) in Appendix A of this Notice, as FTA directs, marked to show the Groups of Certifications and Assurances it is submitting. Be aware that these Certifications and Assurances have been prepared in light of: • FTA’s latest authorization legislation, Moving Ahead for Progress in the 21st Century Act (MAP-21), Pub. L. 112-141, June 6, 2012, • The Continuing Appropriations Act, 2014, Pub. L. 113-46, October 17, 2013, • The Consolidated and Further Continuing Appropriations Act, 2013, Pub. L. 113-6, March 26, 2013, • The Continuing Appropriations Resolution, 2013 (CR), Pub. L. 112-175, September 28, 2012, and • FTA’s authorizing legislation in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. With certain exceptions, Projects financed in FY 2014 with funds appropriated or made available for FY 2012 or a previous fiscal year must be in compliance with the requirements for that type of Project in effect during the fiscal year for which the funding was derived, except as superseded by MAP-21 cross-cutting requirements that apply. GROUP 01. REQUIRED CERTIFICATIONS AND ASSURANCES FOR EACH APPLICANT. Before FTA may provide funding for your Applicant’s Project, in addition to any other Certifications and Assurances that you must select on behalf of your Applicant, you must also select the Certifications and Assurances in Group 01, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Packet Pg. 942  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications and Assurances in Group 01 that does not apply will not be enforced. 1.A. Assurance of Authority of the Applicant and Its Authorized Representative. You certify that both you, as your Applicant’s Authorized Representative, and your Applicant’s attorney, who is authorized to represent the Applicant in legal matters, who sign these Certifications, Assurances, and Agreements, may undertake the following activities on its behalf, in compliance with applicable State, local, or Indian tribal laws and regulations, and its by-laws or internal rules: 1. Execute and file its application for Federal funds, 2. Execute and file its Certifications, Assurances, and Agreements binding its compliance, 3. Execute Grant Agreements or Cooperative Agreements, or both, with FTA, 4. Comply with applicable Federal laws and regulations, and 5. Follow applicable Federal guidance. 1.B. Standard Assurances. On behalf of your Applicant, you assure that it understands and agrees to the following: 1. It will comply with all applicable Federal statutes and regulations to carry out any FTA funded Project, 2. It is under a continuing obligation to comply with the terms and conditions of the FTA Grant Agreement or Cooperative Agreement for its Project, including the FTA Master Agreement incorporated by reference and made part of the latest amendment to that Grant Agreement or Cooperative Agreement, 3. It recognizes that Federal laws and regulations may be amended from time to time and those amendments may affect Project implementation, 4. It understands that Presidential executive orders and Federal guidance, including Federal policies and program guidance, may be issued concerning matters affecting it or its Project, 5. It agrees that the most recent Federal laws, regulations, and guidance will apply to its Project, except as FTA determines otherwise in writing, 6. In light of recent FTA legislation applicable to FTA, except as FTA determines otherwise in writing, it agrees that requirements for FTA programs may vary depending on the fiscal year for which the funding for those programs was appropriated: a. In some instances, FTA has determined that Federal statutory or regulatory Packet Pg. 943  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES program and eligibility requirements for FY 2012 or a specific previous fiscal year, except as superseded by applicable MAP-21 cross-cutting requirements, apply to: (1) New grants and cooperative agreements, and (2) New amendments to grants and cooperative agreements that: (a) Have been awarded Federal funds appropriated or made available for FY 2012 or the previous fiscal year, or (b) May be awarded Federal funds appropriated or made available for FY 2012 or the previous fiscal year, but b. In other instances, FTA has determined that MAP-21 will apply to the Federal funds appropriated or made available for FY 2012 or a previous fiscal year, and c. For all FTA funded Projects, the following MAP-21 cross-cutting requirements supersede conflicting provisions of previous Federal law and regulations: (1) Metropolitan and Statewide and Nonmetropolitan Transportation Planning, (2) Environmental Review Process, (3) Public Transportation Agency Safety Plans, (4) Transit Asset Management Provisions (and Asset Inventory and Condition Reporting), (5) Costs Incurred by Providers of Public Transportation by Vanpool, (6) Revenue Bonds as Local Match, (7) Debt Service Reserve, (8) Government’s Share of Cost of Vehicles, Vehicle-Equipment, and Facilities for ADA and Clean Air Act Compliance, (9) Private Sector Participation, (10) Bus Testing, (11) Buy America, (12) Corridor Preservation, (13) Rail Car Procurements, (14) Veterans Preference/Employment, (15) Alcohol and Controlled Substance Testing, and (16) Other provisions as FTA may determine. 1 1.C. Intergovernmental Review Assurance. (The assurance in Group 01.C does not apply to an Indian tribe, an Indian organization or a tribal organization that applies for funding made available for FTA’s Tribal Transit Programs authorized by 49 U.S.C. 5311(c)(1). As required by U.S. Department of Transportation (U.S. DOT) regulations, “Intergovernmental Review of Department of Transportation Programs and Activities,” 49 CFR part 17, on behalf of your Applicant, you assure that your Applicant has 1 More information about these matters appears in the Federal Transit Administration, “Notice of FTA Transit Program Changes, Authorized Funding Levels and Implementation of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and FTA FY 2013 Apportionments, Allocations, Program Information and Interim Guidance,” 77 Fed. Reg. 663670, Oct. 16, 2012. Packet Pg. 944  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES submitted or will submit each application for Federal funding to the appropriate State and local agencies for intergovernmental review, to facilitate compliance with those regulations. 1.D. Nondiscrimination Assurance. On behalf of your Applicant, you assure that: 1. It will comply with the following laws and regulations so that no person in the United States will be denied the benefits of, or otherwise be subjected to, discrimination in any U.S. DOT or FTA funded program or activity (particularly in the level and quality of transportation services and transportation-related benefits) on the basis of race, color, national origin, religion, sex, disability, or age: a. Federal transit laws, specifically 49 U.S.C. 5332(prohibiting discrimination on the basis of race, color, religion, national origin, sex, disability, age, employment, or business opportunity), b. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, c. The Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, et seq., d. The Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq., e. U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR part 21, f. U.S. DOT regulations, specifically 49 CFR parts 27, 37, 38, and 39, and g. Any other applicable Federal statutes that may be signed into law or Federal regulations that may be promulgated, 2. It will comply with Federal guidance implementing Federal nondiscrimination laws and regulations, except to the extent FTA determines otherwise in writing, 3. As required by 49 CFR 21.7: a. It will comply with 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21 in the manner: (1) It conducts each Project, (2) It undertakes property acquisitions, and (3) It operates its Project facilities, including: (a) Its entire facilities, and (b) Its facilities operated in connection with its Project, b. This assurance applies to its entire Project and to all parts of its facilities, including the facilities it operates to implement its Project, c. It will promptly take the necessary actions to carry out this assurance, including: (1) Notifying the public that discrimination complaints about transportation- related services or benefits may be filed with U.S. DOT or FTA, and (2) Submitting information about its compliance with these provisions to U.S. DOT or FTA upon their request, d. If it transfers FTA funded real property, structures, or improvements to another party, any deeds and instruments recording that transfer will contain a covenant running with the land assuring nondiscrimination: Packet Pg. 945  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (1) While the property is used for the purpose that the Federal funding is extended, and (2) While the property is used for another purpose involving the provision of similar services or benefits, e. The United States has a right to seek judicial enforcement of any matter arising under: (1) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, (2) U.S. DOT regulations, 49 CFR part 21, and (3) This assurance, f. It will make any changes in its Title VI implementing procedures, as U.S. DOT or FTA may request, to comply with: (1) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, (2) U.S. DOT regulations, 49 CFR part 21, and (3) Federal transit laws, 49 U.S.C. 5332, g. It will comply with Federal guidance issued to implement Federal nondiscrimination requirements, except as FTA determines otherwise in writing, h. It will extend the requirements of 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21 to each Third Party Participant, including any: (1) Subrecipient, (2) Transferee, (3) Third Party Contractor or Subcontractor at any tier, (4) Successor in Interest, (5) Lessee, or (6) Other participant in its Project, except FTA and the Applicant (that later becomes the Recipient), i. It will include adequate provisions to extend the requirements of 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21 to each third party agreement, including each: (1) Subagreement at any tier, (2) Property transfer agreement, (3) Third party contract or subcontract at any tier, (4) Lease, or (5) Participation agreement, and j. The assurances you have made on its behalf remain in effect as long as FTA determines appropriate, including, for example, as long as: (1) Federal funding is extended to its Project, (2) Its Project property is used for a purpose for which the Federal funding is extended, (3) Its Project property is used for a purpose involving the provision of similar services or benefits, (4) It retains ownership or possession of its Project property, or (5) FTA may otherwise determine in writing, and 4. As required by U.S. DOT regulations, “Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR part 27, specifically 49 CFR 27.9, and consistent with 49 U.S.C. Packet Pg. 946  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 5307(c)(1)(D)(ii), you assure that: a. It will comply with the following prohibitions against discrimination on the basis of disability listed in Group1.D.4.b below, of which compliance is a condition of approval or extension of any FTA funding awarded to: (1) Construct any facility, (2) Obtain any rolling stock or other equipment, (3) Undertake studies, (4) Conduct research, or (5) Participate in or obtain any benefit from any FTA administered program, and b. In any program or activity receiving or benefiting from Federal funding that U.S. DOT administers, no qualified people with a disability will, because of their disability, be: (1) Excluded from participation, (2) Denied benefits, or (3) Otherwise subjected to discrimination. 1.E. Suspension and Debarment Certification. On behalf of your Applicant, you certify that: 1. It will comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 CFR part 180, 2. To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier: a. Are eligible to participate in covered transactions of any Federal department or agency and are not presently: (1) Debarred, (2) Suspended, (3) Proposed for debarment, (4) Declared ineligible, (5) Voluntarily excluded, or (6) Disqualified, b. Its management has not within a three-year period preceding its latest application or proposal been convicted of or had a civil judgment rendered against any of them for: (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction, or contract under a public transaction, (2) Violation of any Federal or State antitrust statute, or (3) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving stolen property, c. It is not presently indicted for, or otherwise criminally or civilly charged by a Packet Pg. 947  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES governmental entity (Federal, State, or local) with commission of any of the offenses listed in the preceding subsection 1.E.2.b of this Certification, d. It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a three-year period preceding this Certification, e. If, at a later time, it receives any information that contradicts the statements of subsections 2.a – 2.d above, it will promptly provide that information to FTA, f. It will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 180 if it: (1) Equals or exceeds $25,000, (2) Is for audit services, or (3) Requires the consent of a Federal official, and g. It will require that each covered lower tier contractor and subcontractor: (1) Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and 1200, and (2) Assure that each lower tier participant in its Project is not presently declared by any Federal department or agency to be: (a) Debarred from participation in its federally funded Project, (b) Suspended from participation in its federally funded Project, (c) Proposed for debarment from participation in its federally funded Project, (d) Declared ineligible to participate in its federally funded Project, (e) Voluntarily excluded from participation in its federally funded Project, or (f) Disqualified from participation in its federally funded Project, and 3. It will provide a written explanation as indicated on a page attached in FTA’s TEAM- Web or the Signature Page if it or any of its principals, including any of its first tier Subrecipients or its Third Party Participants at a lower tier, is unable to certify compliance with the preceding statements in this Certification Group 01.E. 1.F. U.S. OMB Assurances in SF-424B and SF-424D. The assurances in Group 01.F are consistent with the U.S. OMB assurances required in the U.S. OMB SF-424B and SF-424D, updated as necessary to reflect changes in Federal laws and regulations. 1. Administrative Activities. On behalf of your Applicant, you assure that: a. For every Project described in any application it submits, it has adequate resources to properly plan, manage, and complete its Project, including the: (1) Legal authority to apply for Federal funding, (2) Institutional capability, (3) Managerial capability, and (4) Financial capability (including funds sufficient to pay the non-Federal share of Project cost), b. It will give limited access and the right to examine Project-related materials to Packet Pg. 948  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES entities or individuals, as required, including, but not limited to the: (1) FTA, (2) The Comptroller General of the United States, and (3) State, through an authorized representative, if appropriate, c. It will establish a proper accounting system in accordance with generally accepted accounting standards or FTA guidance, and d. It will establish safeguards to prohibit employees from using their positions for a purpose that results in: (1) A personal or organizational conflict of interest, or personal gain, or (2) The appearance of a personal or organizational conflict of interest or personal gain, 2. Project Specifics. On behalf of your Applicant, you assure that: a. Following receipt of an FTA award, it will begin and complete Project work within the time periods that apply, b. For FTA funded construction Projects: (1) It will comply with FTA provisions concerning the drafting, review, and approval of construction plans and specifications, (2) It will provide and maintain competent and adequate engineering supervision at the construction site to assure that the completed work conforms with the approved plans and specifications, (3) It will include a covenant to assure nondiscrimination during the useful life of its Project in its title to federally funded real property, (4) To the extent FTA requires, it will record the Federal interest in the title to FTA funded real property or interests in real property, and (5) It will not alter the site of the FTA funded construction Project or facilities without permission or instructions from FTA by: (a) Disposing of the underlying real property or other interest in the site and facilities, (b) Modifying the use of the underlying real property or other interest in the site and facilities, or (c) Changing the terms of the underlying real property title or other interest in the site and facilities, and c. It will furnish progress reports and other information as FTA or the State may require, and 3. Statutory and Regulatory requirements. On behalf of your Applicant, you assure that: a. It will comply with all Federal statutes relating to nondiscrimination that apply, including, but not limited to: (1) The prohibitions against discrimination on the basis of race, color, or national origin, as provided in Title VI of the Civil Rights Act, 42 U.S.C. 2000d, (2) The prohibitions against discrimination on the basis of sex, as provided in: (a) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 – 1683, and 1685 – 1687, and (b) U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 CFR part 25, Packet Pg. 949  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (3) The prohibitions against discrimination on the basis of age in federally funded programs, as provided in the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 – 6107, (4) The prohibitions against discrimination on the basis of disability in federally funded programs, as provided in section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, (5) The prohibitions against discrimination on the basis of disability, as provided in the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq., (6) The prohibitions against discrimination in the sale, rental, or financing of housing, as provided in Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq., (7) The prohibitions against discrimination on the basis of drug abuse, as provided in the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. 1101 et seq., (8) The prohibitions against discrimination on the basis of alcohol abuse, as provided in the Comprehensive Alcohol Abuse and Alcoholism Prevention Act of 1970, as amended, 42 U.S.C. 4541 et seq., (9) The confidentiality requirements for records of alcohol and drug abuse patients, as provided in the Public Health Service Act, as amended, 42 U.S.C. 290dd – 290dd-2, and (10) The nondiscrimination provisions of any other statute(s) that may apply to its Project, b. As provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Relocation Act), 42 U.S.C. 4601 et seq., and 49 U.S.C. 5323(b), regardless of whether Federal funding has been provided for any of the real property acquired for Project purposes: (1) It will provide for fair and equitable treatment of displaced persons or persons whose property is acquired as a result of federally funded programs, and (2) It has the necessary legal authority under State and local laws and regulations to comply with: (a) The Uniform Relocation Act. 42 U.S.C. 4601 et seq., as specified by 42 U.S.C. 4630 and 4655, and (b) U.S. DOT regulations, “Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs,” 49 CFR part 24, specifically 49 CFR 24.4, and (3) It has complied with or will comply with the Uniform Relocation Act and implementing U.S. DOT regulations because: (a) It will adequately inform each affected person of the benefits, policies, and procedures provided for in 49 CFR part 24, (b) As required by 42 U.S.C. 4622, 4623, and 4624, and 49 CFR part 24, if an FTA funded Project results in displacement, it will provide fair and reasonable relocation payments and assistance to: 1 Displaced families or individuals, and Packet Pg. 950  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 2 Displaced Partnerships, corporations, or associations, (c) As provided by 42 U.S.C. 4625 and 49 CFR part 24, it will provide relocation assistance programs offering the services described in the U.S. DOT regulations to such displaced: 1 Families and individuals, and 2 Partnerships, corporations, or associations, (d) As required by 42 U.S.C. 4625(c)(3), within a reasonable time before displacement, it will make available comparable replacement dwellings to families and individuals, (e) It will: 1 Carry out the relocation process to provide displaced persons with uniform and consistent services, and 2 Make available replacement housing in the same range of choices with respect to such housing to all displaced persons regardless of race, color, religion, or national origin, (f) It will be guided by the real property acquisition policies of 42 U.S.C. 4651 and 4652, (g) It will pay or reimburse property owners for their necessary expenses as specified in 42 U.S.C. 4653 and 4654, understanding that FTA will provide Federal funding for its eligible costs for providing payments for those expenses, as required by 42 U.S.C. 4631, (h) It will execute the necessary implementing amendments to FTA funded third party contracts and subagreements, (i) It will execute, furnish, and be bound by such additional documents as FTA may determine necessary to effectuate or implement these assurances, (j) It will incorporate these assurances by reference into and make them a part of any third party contract or subagreement, or any amendments thereto, relating to any FTA funded Project involving relocation or land acquisition, and (k) It will provide in any affected document that these relocation and land acquisition provisions must supersede any conflicting provisions, c. It will comply with the Lead-Based Paint Poisoning Prevention Act, specifically 42 U.S.C. 4831(b), which prohibits the use of lead-based paint in the construction or rehabilitation of residence structures, d. It will, to the extent applicable, comply with the protections for human subjects involved in research, development, and related activities supported by Federal funding of: (1) The National Research Act, as amended, 42 U.S.C. 289 et seq., and (2) U.S. DOT regulations, “Protection of Human Subjects,” 49 CFR part 11, e. It will, to the extent applicable, comply with the labor standards and protections for federally funded Projects of: (1) The Davis-Bacon Act, as amended, 40 U.S.C. 3141 – 3144, 3146, and 3147, (2) Sections 1 and 2 of the Copeland “Anti-Kickback” Act, as amended, 18 U.S.C. 874, and 40 U.S.C. 3145, respectively, and Packet Pg. 951  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (3) The Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et seq., f. It will comply with any applicable environmental standards that may be prescribed to implement Federal laws and executive orders, including, but not limited to: (l) Following the institution of environmental quality control measures under the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 – 4335 and Executive Order No. 11514, as amended, 42 U.S.C. 4321 note, (2) Following the notification of violating facilities provisions of Executive Order No. 11738, 42 U.S.C. 7606 note, (3) Following the protection of wetlands provisions of Executive Order No. 11990, 42 U.S.C. 4321 note, (4) Following the evaluation of flood hazards in floodplains provisions of Executive Order No. 11988, 42 U.S.C. 4321 note, (5) Complying with the assurance of Project consistency with the approved State management program developed pursuant to the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1451 – 1465, (6) Complying with the Conformity of Federal Actions to State (Clean Air) Implementation Plans requirements under section 176(c) of the Clean Air Act of 1955, as amended, 42 U.S.C. 7401 – 7671q, (7) Complying with the protections for underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, 42 U.S.C. 300f – 300j-6, (8) Complying with the protections for endangered species under the Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 – 1544, (9) Complying with the environmental protections for Federal transportation programs, including, but not limited to, protections for parks, recreation areas, or wildlife or waterfowl refuges of national, State, or local significance or any land from a historic site of national, State, or local significance to be used in a transportation Project, as required by 49 U.S.C. 303, (10) Complying with the protections for national wild and scenic rivers systems, as required under the Wild and Scenic Rivers Act of 1968, as amended, 16 U.S.C. 1271 – 1287, and (11) Complying with and facilitating compliance with: (a) Section 106 of the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 470f, (b) The Archaeological and Historic Preservation Act of 1974, as amended, 16 U.S.C. 469 – 469c, and (c) Executive Order No. 11593 (identification and protection of historic properties), 16 U.S.C. 470 note, g. To the extent applicable, comply with the following Federal requirements for the care, handling, and treatment of warmblooded animals held or used for research, teaching, or other activities supported by Federal funding: (1) The Animal Welfare Act, as amended, 7 U.S.C. 2131 et seq., and (2) U.S. Department of Agriculture regulations, “Animal Welfare,” 9 CFR Packet Pg. 952  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES subchapter A, parts 1, 2, 3, and 4, h. To the extent applicable, obtain a certificate of compliance with the seismic design and construction requirements of U.S. DOT regulations, “Seismic Safety,” 49 CFR part 41, specifically 49 CFR 41.117(d), before accepting delivery of any FTA funded building, i. Comply with, and assure that its Subrecipients located in special flood hazard areas comply with, section 102(a) of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4012a(a), by: (1) Participating in the Federal flood insurance program, and (2) Purchasing flood insurance if the total cost of insurable construction and acquisition is $10,000 or more, j. Comply with: (1) The Hatch Act, 5 U.S.C. 1501 – 1508, 7324 – 7326, which limits the political activities of State and local agencies and their officers and employees whose primary employment activities are financed in whole or part with Federal funds, including a Federal loan, grant agreement, or cooperative agreement, and (2) 49 U.S.C. 5323(l)(2) and 23 U.S.C. 142(g), which provide an exception from Hatch Act restrictions for a nonsupervisory employee of a public transportation system (or of any other agency or entity performing related functions) receiving FTA funding appropriated or made available for 49 U.S.C. chapter 53 and 23 U.S.C. 142(a)(2) to whom the Hatch Act does not otherwise apply, k. Perform the financial and compliance audits as required by the: (1) Single Audit Act Amendments of 1996, 31 U.S.C. 7501 et seq., (2) U.S. OMB Circular A-133, “Audits of States, Local Governments, and Non- Profit Organizations,” Revised, and (3) Most recent applicable U.S. OMB A-133 Compliance Supplement provisions for the U.S. DOT, l. Comply with all other Federal laws or regulations that apply, and m. Follow Federal guidance governing it and its Project, except to the extent that FTA has expressly approved otherwise in writing. GROUP 02. LOBBYING. Before FTA may provide funding for a Federal grant or cooperative agreement exceeding $100,000 or a Federal loan, line of credit, loan guarantee, or loan insurance exceeding $150,000, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Lobbying Certifications in Group 02, unless your Applicant is an Indian Tribe exempt from the requirements of 31 U.S.C. 1352 or FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in Packet Pg. 953  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 02 that does not apply will not be enforced. On behalf of your Applicant, you certify that: 1. As required by 31 U.S.C. 1352 and U.S. DOT regulations, “New Restrictions on Lobbying,” specifically 49 CFR 20.110: a. The lobbying restrictions of this Certification apply to its requests: (1) For $100,000 or more in Federal funding for a grant or cooperative agreement, and (2) For $150,000 or more in Federal funding for a loan, line of credit, or loan guarantee, and b. Your Certification on its behalf applies to the lobbying activities of: (1) It, (2) Its Principals, and (3) Its Subrecipients at the first tier, 2. To the best of your knowledge and belief: a. No Federal appropriated funds have been or will be paid by or on its behalf to any person to influence or attempt to influence: (1) An officer or employee of any Federal agency regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, and (2) A Member of Congress, an employee of a member of Congress, or an officer or employee of Congress regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, b. It will submit a complete OMB Standard Form LLL (Rev. 7-97), “Disclosure of Lobbying Activities,” consistent with its instructions, if any funds other than Federal appropriated funds have been or will be paid to any person to influence or attempt to influence: (1) An officer or employee of any Federal agency regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, and (2) A Member of Congress, an employee of a member of Congress, or an officer or employee of Congress regarding the award of a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, and c. It will include the language of this Certification in the award documents for all subawards at all tiers, including, but not limited to: (1) Third party contracts, (2) Subcontracts, (3) Subagreements, and Packet Pg. 954  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (4) Other third party agreements under a: (a) Federal grant or cooperative agreement, or (b) Federal loan, line of credit, loan guarantee, or loan insurance, 3. It understands that: a. This Certification is a material representation of fact that the Federal government relies on, and b. It must submit this Certification before the Federal government may award funding for a transaction covered by 31 U.S.C. 1352, including a: (1) Federal grant or cooperative agreement, or (2) Federal loan, line of credit, loan guarantee, or loan insurance, and 4. It also understands that any person who does not file a required Certification will incur a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. GROUP 03. PROCUREMENT AND PROCUREMENT SYSTEMS. We request that you select the Procurement and Procurement Systems Certification in Group 03 on behalf of your Applicant, especially if it is a State, local, or Indian tribal government with a certified procurement system, as provided in 49 CFR 18.36(g)(3)(ii). Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certification in Group 03 that does not apply will not be enforced. On behalf of your Applicant, you certify that its procurements and its procurement system will comply with all Federal laws and regulations in accordance with applicable Federal guidance, except to the extent FTA has approved otherwise in writing. GROUP 04. PRIVATE SECTOR PROTECTIONS. Before FTA may provide funding for a Project that involves the acquisition of public transportation property or operation of public transportation facilities or equipment, in addition to other Certifications you must select on your Applicant’s behalf, you must also select the Private Property Protections Assurances in Group 04.A and enter into the Agreements in Group 04.B and Group 04.C on behalf of your Applicant, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or Packet Pg. 955  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Assurances and Agreements in Group 04 that does not apply will not be enforced. 4.A. Private Property Protections. If your Applicant is a State, local government, or Indian tribal government and seeks FTA funding to acquire the property of a private transit operator or operate public transportation in competition with or in addition to a public transportation operator, the Private Property Protections Assurances in Group 04.A apply to your Applicant, except as FTA determines otherwise in writing. To facilitate FTA’s ability to make the findings required by 49 U.S.C. 5323(a)(1), on behalf of your Applicant, you assure that: 1. It has or will have: a. Determined that the funding is essential to carrying out a Program of Projects as required by 49 U.S.C. 5303, 5304, and 5306, b. Provided for the participation of private companies engaged in public transportation to the maximum extent feasible, and c. Paid just compensation under State or local laws to the company for any franchise or property acquired, and 2. It has completed the actions described in Group 4.A.1 of this Certification before it: a. Acquires the property or an interest in the property of a private provider of public transportation, or b. Operates public transportation equipment or facilities: (1) In competition with transportation service provided by an existing public transportation operator, or (2) In addition to transportation service provided by an existing public transportation operator. 4.B. Charter Service Agreement. If your Applicant seeks FTA funding to acquire or operate transit facilities or equipment, the Charter Service Agreement in Group 04.B applies to your Applicant, except as FTA determines otherwise in writing. To comply with 49 U.S.C. 5323(d) and (g) and FTA regulations, “Charter Service,” 49 CFR part 604, specifically 49 CFR 604.4, on behalf of your Applicant, you are entering into the following Charter Service Agreement: 1. FTA’s “Charter Service” regulations apply as follows: Packet Pg. 956  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES a. FTA’s Charter Service regulations restrict transportation by charter service using facilities and equipment acquired by Recipients of FTA funding for transportation Projects with Federal funding derived from: (1) Federal transit laws, 49 U.S.C. chapter 53, (2) 23 U.S.C. 133 or 142, or (3) Any other Act that provides Federal public transportation assistance, unless otherwise excepted, b. FTA’s charter service restrictions extend to: (1) Your Applicant, when it becomes a Recipient of Federal funding appropriated or made available for: (a) Federal transit laws, 49 U.S.C. chapter 53, (b) 23 U.S.C. 133 or 142, or (c) Any other Act that provides Federal public transportation assistance, unless otherwise excepted, and (2) Any Third Party Participant that receives Federal funding derived from: (a) Federal transit laws, 49 U.S.C. chapter 53, (b) 23 U.S.C. 133 or 142, or (c) Any other Act that provides Federal public transportation assistance, unless otherwise excepted, c. A Third Party Participant includes any: (1) Subrecipient at any tier, (2) Lessee, (3) Third Party Contractor or Subcontractor at any Tier, and (4) Other Third Party Participant in its Project, d. You and your Applicant agree that neither it nor any governmental authority or publicly owned operator that receives Federal public transportation assistance appropriated or made available for its Project will engage in charter service operations, except as permitted under: (1) Federal transit laws, specifically 49 U.S.C. 5323(d) and (g), (2) FTA regulations, “Charter Service,” 49 CFR part 604, to the extent consistent with 49 U.S.C. 5323(d) and (g), (3) Any other Federal Charter Service regulations, or (4) Federal guidance, except as FTA determines otherwise in writing, e. You and your Applicant agree that the latest Charter Service Agreement it has selected in its latest annual Certifications and Assurances is incorporated by reference in and made part of the underlying Agreement accompanying an award of FTA funding, and f. You and your Applicant agree that: (1) FTA may require corrective measures or impose remedies on it or any governmental authority or publicly owned operator that receives FTA funding appropriated or made available for its Project that has engaged in a pattern of violations of FTA’s Charter Service regulations by: (a) Conducting charter operations prohibited by Federal transit laws and FTA’s Charter Service regulations, or (b) Otherwise violating its Charter Service Agreement it has elected in its Packet Pg. 957  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES latest annual Certifications and Assurances, and (2) These corrective measures and remedies may include: (a) Barring it or any Third Party Participant operating public transportation under the Project that has provided prohibited charter service from receiving FTA funds, (b) Withholding an amount of Federal funds as provided by Appendix D to FTA’s Charter Service regulations, or (c) Any other appropriate remedy that may apply, and 2. In addition to the exceptions to the charter service restrictions in FTA’s Charter Service Regulations, FTA has established the following additional exceptions to those restrictions: a. FTA’s Charter Service restrictions do not apply to your Applicant if it seeks funding appropriated or made available for 49 U.S.C. 5307 and 5311, to be used for Job Access and Reverse Commute (JARC) activities that would have been eligible for assistance under repealed 49 U.S.C. 5316 in effect in FY 2012 or a previous fiscal year, provided that it uses that FTA funding for those program purposes only, b. FTA’s Charter Service restrictions do not apply to your Applicant if it seeks funding appropriated or made available for 49 U.S.C. 5310, to be used for New Freedom activities that would have been eligible for assistance under repealed 49 U.S.C. 5317 in effect in FY 2012 or a previous fiscal year, provided it uses that FTA funding for those program purposes only, and c. An Applicant for assistance under 49 U.S.C. chapter 53 will not be determined to have violated the FTA Charter Service regulations if that Recipient provides a private intercity or charter transportation operator reasonable access to that Recipient’s federally funded public transportation facilities, including intermodal facilities, park and ride lots, and bus-only highway lanes, as provided in 49 U.S.C. 5323(r). 4.C. School Bus Agreement. If your Applicant seeks FTA funding to acquire or operate transit facilities or equipment, the School Bus Agreement in Group 04.C applies to your Applicant, except as FTA determines otherwise in writing. To comply with 49 U.S.C. 5323(f) and (g) and FTA regulations, “School Bus Operations,” 49 CFR part 605, to the extent consistent with 49 U.S.C. 5323(f) and (g), on behalf of your Applicant, you are entering into the following School Bus Agreement: 1. FTA’s “School Bus Operations” regulations restrict school bus operations using facilities and equipment acquired with Federal funding derived from: a. Federal transit laws, 49 U.S.C. chapter 53, b. 23 U.S.C. 133 or 142, or c. Any other Act that provides Federal public transportation assistance, unless otherwise excepted, 2. FTA’s school bus operations restrictions extend to: Packet Pg. 958  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES a. Your Applicant, when it becomes a Recipient of Federal funding appropriated or made available for: (1) Federal transit laws, 49 U.S.C. chapter 53, (2) 23 U.S.C. 133 or 142, or (3) Any other Act that provides Federal public transportation assistance, unless otherwise excepted, and b. Any Third Party Participant that receives Federal funding derived from: (1) Federal transit laws, 49 U.S.C. chapter 53, (2) 23 U.S.C. 133 or 142, or (3) Any other Act that provides Federal public transportation assistance, unless otherwise excepted, 3. A Third Party Participant includes any: a. Subrecipient at any tier, b. Lessee, c. Third Party Contractor or Subcontractor at any tier, and d. Other Third Party Participant in the Project, 4. You and your Applicant agree, and will obtain the agreement of any Third Party Participant involved in your Applicant’s Project, that it will not engage in school bus operations in competition with private operators of school buses, except as permitted under: a. Federal transit laws, specifically 49 U.S.C. 5323(f) and (g), b. FTA regulations, “School Bus Operations,” 49 CFR part 605, to the extent consistent with 49 U.S.C. 5323(f) and (g), c. Any other Federal School Bus regulations, or d. Federal guidance, except as FTA determines otherwise in writing, 5. You and your Applicant agree that the latest School Bus Agreement you have selected on its behalf in FTA’s latest annual Certifications and Assurances is incorporated by reference in and made part of the underlying Agreement accompanying an award of FTA funding, and 6. You and your Applicant agree that after it is a Recipient, if it or any Third Party Participant has violated this School Bus Agreement, FTA may: a. Bar your Applicant or Third Party Participant from receiving further Federal transit funds, or b. Require the Applicant or Third Party Participant to take such remedial measures as FTA considers appropriate. GROUP 05. ROLLING STOCK REVIEWS AND BUS TESTING. Before FTA may provide funding for a Project to acquire rolling stock for use in revenue service or to acquire a new bus model, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Rolling Stock Reviews and Bus Testing Certifications in Group 05, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Packet Pg. 959  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 05 that does not apply will not be enforced. 5.A. Rolling Stock Reviews. If your Applicant seeks FTA funding to acquire rolling stock for use in revenue service, the Certifications in Group 05.A apply to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify that when procuring rolling stock for use in revenue service: 1. It will comply with: a. Federal transit laws, specifically 49 U.S.C. 5323(m), and b. FTA regulations, “Pre-Award and Post-Delivery Audits of Rolling Stock Purchases,” 49 CFR part 663, and 2. As provided in 49 CFR 663.7: a. It will conduct or cause to be conducted the required pre-award and post-delivery reviews, and b. It will maintain on file the Certifications required by 49 CFR part 663, subparts B, C, and D. 5.B. Bus Testing. If your Applicant seeks FTA funding to acquire a new bus model, the Bus Testing Certifications in Group 05.B apply to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify that: 1. Bus Testing requirements apply to all acquisitions of new buses and new bus models that require bus testing, and it will comply with: a. 49 U.S.C. 5318, and b. FTA regulations, “Bus Testing,” 49 CFR part 665, to the extent these regulations are consistent with 49 U.S.C. 5318, 2. As required by 49 CFR 665.7, when acquiring the first bus of any new bus model or a bus model with a major change in components or configuration: a. It will not spend any Federal funds appropriated under 49 U.S.C. chapter 53 to acquire that bus until: (1) That bus has been tested at FTA’s bus testing facility, and (2) That bus has received a copy of the test report prepared on that new bus Packet Pg. 960  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES model, and b. It will not authorize final acceptance of the bus until: (1) The bus has been tested at FTA’s bus testing facility, and (2) It has received a copy of the test report prepared on that new bus model, 3. It will ensure that the bus that is tested has met the performance standards consistent with those regulations, including: a. Performance standards for: (1) Maintainability, (2) Reliability, (3) Performance (including braking performance), (4) Structural integrity, (5) Fuel economy, (6) Emissions, and (7) Noise, and b. Minimum safety performance standards established under 49 U.S.C. 5329, and 4. After FTA has issued regulations authorized by 49 U.S.C. 5318(e)(2), it will ensure that the bus that is tested has received a passing aggregate test score under the “Pass/Fail” standard established by regulation. GROUP 06. DEMAND RESPONSIVE SERVICE. If your Applicant is a public entity, operates demand responsive service, and seeks FTA funding to acquire a non-rail vehicle that is not accessible, before FTA may provide funding for that Project, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Demand Responsive Service Certifications in Group 06, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 06 that does not apply will not be enforced. As required by U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR part 37, specifically 49 CFR 37.77(d), on behalf of your Applicant, you certify that: 1. Your Applicant offers public transportation services equivalent in level and quality of service to: a. Individuals with disabilities, including individuals who use wheelchairs, and b. Individuals without disabilities, and 2. Viewed in its entirety, its service for individuals with disabilities is: Packet Pg. 961  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES a. Provided in the most integrated setting feasible, and b. Equivalent to the service it offers individuals without disabilities with respect to: (1) Response time, (2) Fares, (3) Geographic service area, (4) Hours and days of service, (5) Restrictions on priorities based on trip purpose, (6) Availability of information and reservation capability, and (7) Constraints on capacity or service availability. GROUP 07. INTELLIGENT TRANSPORTATION SYSTEMS. Before FTA may provide funding for an Intelligent Transportation Systems (ITS) Project or a Project in support of an ITS Project, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Intelligent Transportation Systems Assurances in Group 07, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Assurances in Group 07 that does not apply will not be enforced. On behalf of your Applicant, you and your Applicant: 1. Understand that, as used in this assurance, the term Intelligent Transportation Systems (ITS) Project is defined to include any Project that, in whole or in part, finances the acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of one or more ITS user services as defined in the “National ITS Architecture,” and 2. Assure that, as provided in 23 U.S.C. 517(d), any ITS Project it undertakes that is funded with appropriations made available from the Highway Trust Fund, including amounts made available to deploy ITS facilities or equipment, will conform to the appropriate regional ITS architecture, applicable standards, and protocols developed under 23 U.S.C. 517(a) or (c), unless it obtains a waiver as provided in 23 U.S.C. 517(d)(2). GROUP 08. INTEREST AND FINANCING COSTS AND ACQUISITION OF CAPITAL ASSETS BY LEASE. Before FTA may provide funding appropriated or made available for 49 U.S.C. Packet Pg. 962  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES chapter 53 to support interest or financing costs of any Project financed under the Urbanized Area Formula Grants Program, Fixed Guideway Capital Investment Grants Program, or another program as FTA may specify, or finance leasing costs, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Certifications in Group 08, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications and Assurances in Group 08 that does not apply will not be enforced. 8.A. Interest and Financing Costs. If your Applicant intends to use FTA funding to support interest or other financing costs for Projects funded by the Urbanized Area Formula Grants Program, Fixed Guideway Capital Investment Grants Program, or another program as FTA may specify, the Interest and Financing Costs Certifications in Group 08.A apply to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify that: 1. It will not seek reimbursement for interest or other financing costs unless: a. It is eligible to receive Federal funding for those costs, and b. Its records demonstrate that it has shown reasonable diligence in seeking the most favorable financing terms, to the extent FTA may require, and 2. It will comply with the same favorable financing cost provisions for: a. Urbanized Area Formula Grants Projects, b. Projects under Full Funding Grant Agreements, c. Projects with Early Systems Work Agreements, d. Fixed Guideway Capital Investment Projects funded by previous FTA enabling legislation, e. State of Good Repair Projects, f. Bus and Bus Facilities Projects, and g. Low or No Emission Vehicle Development Projects. 8.B. Acquisition of Capital Assets by Lease. If your Applicant seeks FTA funding to acquire capital assets through a lease, the Acquisition of Capital Assets by Lease Certifications and Assurances in Group 08.B Packet Pg. 963  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES applies to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify and assure that, as required by FTA regulations, “Capital Leases,” 49 CFR part 639, specifically 49 CFR 639.15(b)(1) and 49 CFR 639.21, if your Applicant acquires any capital asset through a lease financed with Federal funding appropriated or made available for 49 U.S.C. chapter 53: 1. It will not use Federal funding appropriated or made available for public transportation projects eligible under 49 U.S.C. chapter 53 or any other applicable law to finance the cost of leasing any capital asset until: a. It performs calculations demonstrating that leasing the capital asset would be more cost-effective than purchasing or constructing a similar asset, and b. It completes these calculations before the later of: (1) Entering into the lease, or (2) Receiving a capital grant for the asset, and 2. It will not enter into a capital lease for which FTA can provide only incremental Federal funding unless it has adequate financial resources to meet its future lease obligations if Federal funding is not available. GROUP 09. TRANSIT ASSET MANAGEMENT PLAN AND PUBLIC TRANSPORTATION AGENCY SAFETY PLAN. Before FTA may provide funding appropriated or made available for 49 U.S.C. chapter 53 to support your Applicant’s Project, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Certifications in Group 09, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 09 that does not apply will not be enforced. 9.A. Transit Asset Management Plan. If your Applicant applies for funding appropriated or made available for 49 U.S.C. chapter 53, the Transit Asset Management Certifications in Group 09.A apply to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify that it and each Subrecipient will: 1. Follow Federal guidance when issued that implements transit asset management system provisions of 49 U.S.C. 5326, except as FTA determines otherwise in writing, Packet Pg. 964  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES and 2. Comply with the final Federal regulations when issued that implement the transit asset management provisions of 49 U.S.C. 5326. 9.B. Public Transportation Agency Safety Plan. If your Applicant applies for funding under 49 U.S.C. chapter 53 and it is a State government, local government, or any other operator of a public transportation system, the Public Transportation Safety Plan Certifications in Group 09.B apply to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify that it will: 1. Follow the Federal guidance, when issued, that will implement the safety plan provisions of 49 U.S.C. § 5329(d), except as FTA determines otherwise in writing, and 2. Comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). GROUP 10. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. If your Applicant must comply with the alcohol and controlled substance testing requirements of 49 U.S.C. 5331 and its implementing regulations, before FTA may provide funding for your Applicant’s Project, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Certifications in Group 10, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 10 that does not apply will not be enforced. As required by 49 U.S.C. 5331, and FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49 CFR part 655, subpart I, specifically 49 CFR 655.83, on behalf of your Applicant, including a State Applicant, and on behalf of its Subrecipients and Third Party Contractors, you certify that: 1. Your Applicant, its Subrecipients, and Third Party Contractors to which these testing requirements apply have established and implemented: a. An alcohol misuse testing program, and b. A controlled substance testing program, 2. Your Applicant, its Subrecipients, and Third Party Contractors to which these testing Packet Pg. 965  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES requirements apply have complied or will comply with all applicable requirements of 49 CFR part 655 to the extent those regulations are consistent with 49 U.S.C. 5331, and 3. Consistent with U.S. DOT Office of Drug and Alcohol Policy and Compliance Notice, issued October 22, 2009, if your Applicant, its Subrecipients, or Third Party Contractors to which these testing requirements apply reside in a State that permits marijuana use for medical or recreational purposes, your Applicant, its Subrecipients, and Third Party Contractors to which these testing requirements apply have complied or will comply with the Federal controlled substance testing requirements of 49 CFR part 655. GROUP 11. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS PROGRAM (NEW STARTS, SMALL STARTS, AND CORE CAPACITY) AND CAPITAL INVESTMENT PROGRAM IN EFFECT BEFORE MAP-21. The Certifications in Group 11 apply to the New Starts, Small Starts, or Core Capacity Programs, 49 U.S.C. 5309. Before FTA may provide funding for your Applicant’s New Starts, Small Starts, or Core Capacity Project in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 11, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 11 that does not apply will not be enforced. Except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: 1. It has or will have the following capabilities to carry out its proposed Project(s), including the safety and security aspects of the Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. It has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. It will maintain its Project equipment and facilities adequately, and 4. It will comply with: a. The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and Packet Pg. 966  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES b. The Statewide and Nonmetropolitan Transportation Planning requirements of 49 U.S.C. 5304. GROUP 12. STATE OF GOOD REPAIR PROGRAM. Certain Certifications and Assurances listed previously are required for the State of Good Repair Program funding under 49 U.S.C. 5337. Before FTA may provide funding for your Applicant’s Project under the State of Good Repair Program, 49 U.S.C. 5337, for your Applicant’s Project, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 12, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Assurance in Group 12 that does not apply will not be enforced. On behalf of your Applicant, you certify that: 1. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of the Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. It has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. It will maintain its Project equipment and facilities adequately, and 4. It will comply with: a. The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and b. The Statewide and Nonmetropolitan Transportation Planning requirements of 49 U.S.C. 5304. GROUP 13. FIXED GUIDEWAY MODERNIZATION GRANT PROGRAM. Before FTA may provide funding for your Applicant’s Project under the Fixed Guideway Modernization Grant Program, former 49 U.S.C. 5309 in effect in FY 2012 or a previous fiscal year, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 13, except as FTA determines otherwise in writing. Packet Pg. 967  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certification in Group 13 that does not apply will not be enforced. Former 49 U.S.C. 5309(b)(2) and former 49 U.S.C. 5307(d)(1) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply, require the following Certifications for Fixed Guideway Modernization Grant Program funding. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: 1. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of the proposed Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. It has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. It will maintain its Project equipment and facilities adequately, and 4. It has complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303 and 5304. GROUP 14. BUS AND BUS FACILITIES FORMULA GRANTS PROGRAM AND BUS AND BUS RELATED EQUIPMENT AND FACILITIES GRANT PROGRAM (DISCRETIONARY). The Certifications in Group 14 are required for funding under: 14.A. The Bus and Bus Facilities Formula Grants Program, 49 U.S.C. 5339, as amended by MAP-21, and 14.B. The Bus and Bus Related Equipment and Facilities Grant Program (Discretionary), former 49 U.S.C. 5309(b)(3) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross cutting requirements that apply. Before FTA may provide funding for your Applicant’s Project under either Program listed above, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 14, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or Packet Pg. 968  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 14 that does not apply will not be enforced. 14.A. Bus and Bus Facilities Formula Grants Program If your Applicant seeks FTA funding for its Project under the Bus and Bus Facilities Formula Grants Program, 49 U.S.C. 5339, the Certifications in Group 14.A below apply to your Applicant, except as FTA determines otherwise in writing. The following Certification for Bus and Bus Facilities Formula Grants Program funding are required by 49 U.S.C. 5339(b), which states that “[t]he requirements of section 5307 apply to recipients of grants made under this section.” Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: 1. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of its proposed Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. It has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. It will maintain its Project equipment and facilities adequately, 4. It will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a Project financed under 49 U.S.C.5339, the following individuals will be charged a fare not exceeding fifty (50) percent of the peak hour fare: a. Any senior, b. Any individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design, c. Any individual presenting a Medicare card issued to that individual under title II of the Social Security Act (42 U.S.C. 401 et seq.), and d. Any individual presenting a Medicare card issued to that individual under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), 5. When carrying out a procurement under 49 U.S.C.5339, it will comply with the: a. General Provisions of 49 U.S.C. 5323, and b. Third Party Contract Provisions of 49 U.S.C. 5325, 6. It has complied with or will comply with 49 U.S.C. 5307(b), because it: a. Has made or will make available to the public information on amounts of its Packet Pg. 969  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES funding available to it under 49 U.S.C. 5339, b. Has developed or will develop, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be funded, c. Has published or will publish a Program of Projects in a way that affected individuals, private transportation providers, and local elected officials will have an opportunity to examine and submit comments on the proposed Program of Projects and its performance as an Applicant or Recipient, d. Has provided or will provide an opportunity for a public hearing to obtain the views of individuals on the proposed Program of Projects, e. Has ensured or will ensure that the proposed Program of Projects provide for coordination of transportation services funded by FTA under 49 U.S.C. 5336 with transportation services supported by other United States Government sources, f. Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final Program of Projects, and g. Has made or will make the final Program of Projects available to the public, 7. As required by 49 U.S.C. 5307(d), it: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds from sources approved by FTA, and c. Will provide the local share funds when needed, 8. It will comply with: a. The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and b. The Statewide and Nonmetropolitan Transportation Planning requirements of 49 U.S.C. 5304, 9. It has a locally developed process to solicit and consider public comment before: a. Raising a fare, or b. Implementing a major reduction of public transportation, and 10. It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d).. 14.B. Bus and Bus Related Equipment and Facilities Grant Program (Discretionary). If your Applicant seeks FTA funding for its Project under the Bus and Bus Related Equipment and Facilities Grant Program (Discretionary), former 49 U.S.C. 5309 in effect in FY 2012 or a previous fiscal year, the Certifications in Group 14.B below apply to your Applicant, except as FTA determines otherwise in writing. The following Certifications for the Bus and Bus Related Equipment and Facilities Grant Program (Discretionary) funding are required by former 49 U.S.C. 5309(c)(2), which applies the requirements of former 49 U.S.C. 5307(d)(1)(A), (B), (C), and (H) in effect in FY 2012 or a previous fiscal year to this Program except as superseded by MAP-21 cross-cutting requirements that apply. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: Packet Pg. 970  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 1. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of those Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. It has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. It will maintain its Project equipment and facilities adequately, and 4. It has complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303 and 5304. GROUP 15. URBANIZED AREA FORMULA GRANTS PROGRAMS, PASSENGER FERRY GRANT PROGRAM, AND JOB ACCESS AND REVERSE COMMUTE (JARC) FORMULA GRANT PROGRAM. The Certifications in Group 15 are required for funding under: 15.A. The Urbanized Area Formula Grants Program financed with funds appropriated or made available for 49 U.S.C. 5307, as amended by MAP-21, which among other things, authorizes funding for Job Access and Reverse Commute (JARC) Projects and Project Activities, 15.B. The Urbanized Area Formula Grants Program financed with funds appropriated or made available for former 49 U.S.C. 5307 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply, 15.C. The Passenger Ferry Grant Program financed with funds appropriated or made available for 49 U.S.C. 5307(h), as amended by MAP-21, and 15.D. The Job Access and Reverse Commute (JARC) Formula Grant Program financed with funds appropriated or made available for former 49 U.S.C. 5316 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. Before FTA may provide funding for your Applicant’s Project under any of the Programs listed above, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 15, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Packet Pg. 971  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Any provision of the Certifications in Group 15 that does not apply will not be enforced. 15.A. Urbanized Area Formula Grants Program under MAP-21. If your Applicant seeks FTA funding for its Project under the Urbanized Area Formula Grants Program, 49 U.S.C. 5307, as amended by MAP-21, the Certifications in Group 15.A apply to your Applicant, except as FTA determines otherwise in writing. The following Certifications for the Urbanized Area Formula Grants Program funding appropriated or made available in FYs 2013 and 2014 are required by 49 U.S.C. 5307(c)(1). Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: 1. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of the proposed Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. It has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. It will maintain its Project equipment and facilities adequately, 4. It will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a Project financed under 49 U.S.C. 5307, the following individuals will be charged a fare not exceeding fifty (50) percent of the peak hour fare: a. Any senior, b. Any individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design, c. Any individual presenting a Medicare card issued to that individual under title II of the Social Security Act (42 U.S.C. 401 et seq.), or d. Any individual presenting a Medicare card issued to that individual under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), 5. When carrying out a procurement under 49 U.S.C. 5307, it will comply with the: a. General Provisions of 49 U.S.C. 5323, and b. Third Party Contract Provisions of 49 U.S.C. 5325, 6. It has complied with or will comply with 49 U.S.C. 5307(b), because it: a. Has made or will make available to the public information on amounts of its funding available to it under 49 U.S.C. 5307, b. Has developed or will develop, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be funded, c. Has published or will publish a Program of Projects in a way that affected Packet Pg. 972  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES individuals, private transportation providers, and local elected officials will have an opportunity to examine and submit comments on the proposed Program of Projects and its performance as an Applicant or Recipient, d. Has provided or will provide an opportunity for a public hearing to obtain the views of individuals on the proposed Program of Projects, e. Has ensured or will ensure that the proposed Program of Projects provide for coordination of transportation services funded by FTA under 49 U.S.C. 5336 with transportation services supported by other United States Government sources, f. Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final Program of Projects, and g. Has made or will make the final Program of Projects available to the public, 7. As required by 49 U.S.C. 5307(d), it: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds from sources approved by FTA, and c. Will provide the local share funds when needed, 8. As required by 49 U.S.C. 5307(c)(1)(H), it will comply with: a. The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and b. The Statewide and Nonmetropolitan Transportation Planning requirements of 49 U.S.C. 5304, 9. As required by 49 U.S.C. 5307(c)(1)(I), it has a locally developed process to solicit and consider public comment before: a. Raising a fare, or b. Implementing a major reduction of public transportation, 10. Each fiscal year: a. At least one (1) percent of the amount of the 49 U.S.C. 5307 funding apportioned to the urbanized area must be expended for public transportation security Projects as described in 49 U.S.C. 5307(c)(1)(J)(i) including: (1) Increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), (2) Increased camera surveillance of an area in or adjacent to that system, (3) Providing emergency telephone line or lines to contact law enforcement or security personnel in an area in or adjacent to that system, and (4) Any other Project intended to increase the security and safety of an existing or planned public transportation system, or b. The Designated Recipients in its urbanized area certify that such expenditures for transportation security Projects are not necessary (Information about the intentions of your Designated Recipients in your Applicant’s urbanized area must be recorded in the “Security” tab page of the TEAM-Web “Project Information” window when it submits its Urbanized Area Formula Grants Program application in TEAM-Web), 11. If it serves an urbanized area with a population of at least 200,000 individuals, as determined by the Bureau of the Census: a. Each fiscal year, it will ensure that at least one (1) percent of the amount apportioned to the urbanized area is spent for Associated Transit Improvements, Packet Pg. 973  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES as defined in 49 U.S.C. 5302(1), b. It will include in its quarterly report for the fourth quarter of the preceding Federal fiscal year: (1) A list of its Associated Transit Improvement Projects or Project Activities during that Federal fiscal year using those 49 U.S.C. 5307 funds, or (2) Sufficient information to demonstrate that the Designated Recipients in its urbanized area together have spent one (1) percent of the funding apportioned to the area for Associated Transit Improvement Projects or Project Activities, or have included the same information in a separate report attached in TEAM-Web, and c. The report of its Associated Transit Improvement Projects or Project Activities is or will be incorporated by reference and made part of its Certifications and Assurances, and 12. It will comply with the final Federal regulations, when issued, that implement the safety requirements of 49 U.S.C. § 5329(d). B. Urbanized Area Formula Grants Program before MAP-21 Became Effective. You must select the Certification in Group 15.B if your Applicant seeks funding under the Urbanized Area Formula Grants Program financed with funds appropriated or made available for former 49 U.S.C. 5307 in effect in FY 2012 or a previous fiscal year. In administering this program, MAP-21 cross-cutting requirements supersede inconsistent former requirements. The following Certifications for the Urbanized Area Formula Grants Program are required by former 49 U.S.C. 5307(d)(1) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply instead. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: 1. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. It has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. It will maintain its Project equipment and facilities adequately, 4. It will ensure that for transportation using or involving a facility or equipment of a Project financed under former 49 U.S.C. 5307 in effect in FY 2012 or a previous fiscal year, the following individuals will be charged a fare not exceeding fifty (50) percent of the peak hour fare: a. Any elderly individual, b. Any handicapped individual, as described in 49 CFR part 27, c. Any individual presenting a Medicare card issued to that individual under title II of the Social Security Act (42 U.S.C. 401 et seq.), or Packet Pg. 974  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES d. Any individual presenting a Medicare card issued to that individual under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), 5. When carrying out a procurement under former 49 U.S.C. 5307 in effect in FY 2012 or a previous fiscal year, it will comply with the following provisions as amended by MAP-21: a. Competitive procurement (as defined or approved by FTA), as required by 49 U.S.C. 5325(a), b. The prohibition against exclusionary or discriminatory specifications in its procurements under 49 U.S.C. 5323(h), c. “Buy America” under 49 U.S.C. 5323(j), d. Applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), e. Applicable railcar option restrictions of 49 U.S.C. 5325(e), and f. “Veterans Preference/Employment” under 49 U.S.C. 5325(k), 6. It will comply with other applicable requirements under 49 U.S.C. 5323 and 5325, 7. It: a. Has or will make available to the public information on amounts available to it under 49 U.S.C. 5307 and the Program of Projects it proposes to undertake, b. Will develop or has developed, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be financed, c. Will publish or has published a proposed Program of Projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed program and submit comments on the proposed program and the Applicant or Recipient’s performance, d. Will provide or has provided an opportunity for a public hearing in which to obtain the views of citizens on the proposed Program of Projects, e. Will ensure or has ensured that the proposed Program of Projects provides for the coordination of public transportation services assisted under 49 U.S.C. 5336 with transportation services assisted from other U.S. Government sources, f. Will consider or has considered comments and views received, especially those of private transportation providers, in preparing the final Program of Projects, and g. Will make or has made the final Program of Projects available to the public, 8. It: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds from sources approved by FTA, and c. Will provide the local share funds when needed, 9. It has complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303, and 5304, 10. It has a locally developed process to solicit and consider public comment before: a. Raising a fare, or b. Implementing a major reduction of public transportation, 11. Each fiscal year: a. At least one (1) percent of the 49 U.S.C. 5307 funding apportioned to an urbanized area must be spent for public transportation security Projects (limited to capital Projects if it serves an urbanized area with a population of 200,000 or Packet Pg. 975  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES more), including: (1) Increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), (2) Increased camera surveillance of an area in or adjacent to that system, (3) Emergency telephone line or lines to contact law enforcement or security personnel in an area in or adjacent to that system, and (4) Any other Project intended to increase the security and safety of an existing or planned public transportation, or b. It will certify that such expenditures for transportation security Projects are not necessary (Information about its intentions must be recorded in the “Security” tab page of the TEAM-Web “Project Information” window when it submits its Urbanized Area Formula Grants Program application in TEAM-Web), 12. If it serves an urbanized area with a population of at least 200,000 individuals: a. Each fiscal year, it will ensure that at least one (1) percent of the amount apportioned to the urbanized area is spent for Transit Enhancements, as defined in former 49 U.S.C. 5302(a)(15), b. It will include in its quarterly report for the fourth quarter of the preceding Federal fiscal year: (1) A list of its Transit Enhancement Project Activities during that Federal fiscal year using those former 49 U.S.C. 5307 funds, or (2) Sufficient information to demonstrate that the Designated Recipients in its urbanized area together have spent one (1) percent of the amount of funding that must be made available to them for Transit Enhancements or have included the same information in a separate report attached in TEAM-Web, and c. The report of its or the Designated Recipients’ Transit Enhancement Projects or Project Activities is or will be incorporated by reference and made part of its Certifications and Assurances, and 13. It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). C. Passenger Ferry Grant Program. If your Applicant seeks FTA funding for its Project under the Passenger Ferry Grant Program, 49 U.S.C. 5307(h), the Certifications in Group 15.C apply to your Applicant, except as FTA determines otherwise in writing. The following Certifications for the Passenger Ferry Grant Program funding are required by 49 U.S.C. 5307(h) and (c)(1). Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: 1. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of the proposed Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, Packet Pg. 976  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 2. It has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. It will maintain its Project equipment and facilities adequately, 4. It will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a Project financed under 49 U.S.C. 5307(h), the following individuals will be charged a fare not exceeding fifty (50) percent of the peak hour fare: a. Any senior, b. Any individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design, c. Any individual presenting a Medicare card issued to that individual under title II of the Social Security Act (42 U.S.C. 401 et seq.), or d. Any individual presenting a Medicare card issued to that individual under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), 5. When carrying out a procurement under 49 U.S.C. 5307(h), it will comply with the: a. General Provisions of 49 U.S.C. 5323, and b. Third Party Contract Provisions of 49 U.S.C. 5325, 6. As required by 49 U.S.C. 5307(d), it: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds from sources approved by FTA, and c. Will provide the local share funds when needed, 7. As required by 49 U.S.C. 5307(c)(1)(H), it will comply with: a. The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and b. The Statewide and Nonmetropolitan Transportation Planning requirements of 49 U.S.C. 5304, 8. As required by 49 U.S.C. 5307(c)(1)(I), it has a locally developed process to solicit and consider public comment before: a. Raising a fare, or b. Implementing a major reduction of public transportation, and 9. . It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). D. Job Access and Reverse Commute (JARC) Formula Grant Program. If your Applicant seeks FTA funding for its Project under the Job Access and Reverse Commute (JARC) Formula Grant Program, former 49 U.S.C. 5316 in effect in FY 2012 or a previous fiscal year, the Certifications in Group 15.C apply to your Applicant, except as FTA determines otherwise in writing. 1. The following Certifications for the Job Access and Reverse Commute (JARC) Formula Grant Program are required by former 49 U.S.C. 5316 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements Packet Pg. 977  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES that apply. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: a. It will make awards of JARC funding on a competitive basis following: (1) An areawide solicitation in cooperation with the appropriate metropolitan planning organization for applications for funding in compliance with former 49 U.S.C. 5316 if your Applicant receives funding under former 49 U.S.C. 5316(c)(1)(A), and (2) A statewide solicitation for applications for JARC funding in compliance with former 49 U.S.C. 5316 if your Applicant receives funding under former 49 U.S.C. 5316(c)(1)(B) or (C), b. Any allocations to Subrecipients of JARC funding authorized by former 49 U.S.C. 5316 will be distributed on a fair and equitable basis, c. As required by former 49 U.S.C. 5316: (1) The Projects it has selected or will select for former 49 U.S.C. 5316 funding must be derived from a public transit-human services transportation plan that has been: (a) Locally developed, and (b) Coordinated, and (2) That locally developed and coordinated plan was produced through a process that included: (a) Representatives of public, private, and nonprofit transportation providers, (b) Human service providers, and (c) Participation by the public, d. Before it transfers funds to a Project funded by former 49 U.S.C. 5336, that Project has been or will have been coordinated with private nonprofit providers of services as required under former 49 U.S.C. 5316(g)(2), e. Before using funds apportioned for Projects serving an area other than that for which funding was apportioned under former 49 U.S.C. 5316: (1) The State’s chief executive officer, or his or her designee, will have certified that all the JARC program objectives of former 49 U.S.C. 5316 are being met in the area from which the funding would be derived, and (2) If the State has a statewide program for meeting the JARC program objectives of former 49 U.S.C. 5316, the funds can be used for Projects anywhere in the State, and f. The requirements of former 49 U.S.C. 5307 will apply to the JARC Program, authorized by former 49 U.S.C. 5316, and 2. The following Certifications for the JARC Program are required by former 49 U.S.C. 5307(d)(1) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. Therefore, except as FTA determines otherwise in writing, on its behalf, you certify that: a. It has or will have, and will require each Subrecipient to have, the following to carry out its proposed Project(s), including the safety and security aspects of its proposed Project(s): (1) The legal capacity, Packet Pg. 978  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (2) The financial capacity, and (3) The technical capacity, b. It has or will have, and will require each Subrecipient to have satisfactory continuing control over the use of Project equipment and facilities, c. It will maintain, and will require each Subrecipient to maintain, its Project equipment and facilities adequately, d. To the extent applicable, it will ensure, and will require each Subrecipient to ensure, that for transportation using or involving a facility or equipment of a Project financed under former 49 U.S.C. 5316 the following individuals will be charged a fare not exceeding fifty (50) percent of the peak hour fare: (1) Any elderly individual, (2) Any handicapped individual, as described in 49 CFR part 27, (3) Any individual presenting a Medicare card issued to that individual under title II of the Social Security Act (42 U.S.C. 401 et seq.), and (4) Any individual presenting a Medicare card issued to that individual under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), e. When carrying out a procurement under former 49 U.S.C. 5316, it will comply with the following provisions as amended by MAP-21: (1) Competitive procurement (as defined or approved by FTA), as required by 49 U.S.C. 5325(a), (2) The prohibition against exclusionary or discriminatory specifications in its procurements, as required by 49 U.S.C. 5323(h), (3) “Buy America” under 49 U.S.C. 5323(j), (4) Applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), and (5) “Veterans Preference/Employment” under 49 U.S.C. 5325(k), f. It will comply with other applicable requirements under 49 U.S.C. 5323 and 5325, g. It: (1) Has or will have and, as necessary, will require each Subrecipient to have the amount of funds required for the local share by former 49 U.S.C. 5316, (2) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds from sources approved by FTA, and (3) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds when needed, h. It has complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303, and 5304, i. It has or will have, and will require each Subrecipient to have, a locally developed process to solicit and consider public comment before: (1) Raising a fare, or (2) Implementing a major reduction of public transportation, and j. To the extent applicable, it will comply with, and as necessary, will require each Subrecipient to comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). GROUP 16. SENIORS/ELDERLY/INDIVIDUALS WITH DISABILITIES Packet Pg. 979  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES AND NEW FREEDOM PROGRAMS. The Certifications in Group 16 are required for funding under: 16.A. The Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program, financed or to be financed with funds appropriated or made available for 49 U.S.C. 5310, as amended by MAP-21, which among other things authorizes funding for New Freedom Projects and Project Activities, 16.B. The Formula Grants for the Special Needs of Elderly Individuals and Individuals with Disabilities Program financed or to be financed with funds appropriated or made available for former 49 U.S.C. 5310 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply, and 16.C. The New Freedom Program financed or to be financed with funds appropriated or made available for former 49 U.S.C. 5317 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. Before FTA may provide funding for your Applicant’s Project under any of the Programs listed above, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 16, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 16 that does not apply will not be enforced. 16.A. Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program. If your Applicant seeks FTA funding for its Project under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program, 49 U.S.C. 5310, as amended by MAP-21, the Certifications in Group 16.A apply to your Applicant, except as FTA determines otherwise in writing. 1. The following Certifications for the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program are required by 49 U.S.C. 5310. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: a. Each of its Subrecipients is: Packet Pg. 980  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (1) A private nonprofit organization, or (2) A State or local governmental authority that: (a) Is approved by a State to coordinate services for seniors and individuals with disabilities, or (b) Certifies that there are no private nonprofit organizations readily available in the area to provide the services authorized for support under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program, b. It will comply with the following Project selection and planning requirements: (1) The Projects it has selected or will select for funding appropriated or made available for 49 U.S.C. 5310 are included in a public transit-human services transportation plan that has been: (a) Locally developed, and (b) Coordinated, (2) The public transit-human services transportation plan was developed and approved through a process that included participation by: (a) Seniors, (b) Individuals with disabilities, (c) Representatives of public, private, and nonprofit transportation providers, (d) Representatives of public, private, and nonprofit human services providers, and (e) Other members of the public, (3) The transportation projects to assist in providing transportation services for seniors and individuals with disabilities are included in a program of projects, (4) A program of projects under Group 16.A.1.b(3) above is or will be submitted annually to FTA, and (5) To the maximum extent feasible, the services funded by 49 U.S.C. 5310 will be coordinated with transportation services funded by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services, c. As required by 49 U.S.C. 5310(e)(2)(B), it certifies that if it allocates funds received under 49 U.S.C. 5310, to Subrecipients, it will have allocated those funds on a fair and equitable basis, d. It will transfer a facility or equipment financed with funding appropriated or made available for a grant under 49 U.S.C. 5310, to any other recipient eligible to receive assistance under 49 U.S.C. chapter 53, only if: (1) The recipient in possession of the facility or equipment consents to the transfer, and (2) The facility or equipment will continue to be used as required under 49 U.S.C. 5310, e. As required by 49 U.S.C. 5310(b)(2), it will use at least fifty-five (55) percent of the funds on capital projects to meet the special needs of seniors and disabled, and f. The requirements of 49 U.S.C. 5307, as determined by FTA, will apply to the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Packet Pg. 981  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Disabilities, authorized by 49 U.S.C. 5310, and 2. FTA has determined certain requirements of 49 U.S.C. 5307, to be appropriate for which some require Certifications. Therefore, as specified under 49 U.S.C. 5307(c)(1), it certifies that: a. It has or will have, and will require each Subrecipient to have, the following to carry out its proposed Project(s), including the safety and security aspects of its proposed Project(s): (1) Legal capacity, (2) Financial capacity, and (3) Technical capacity, b. It has or will have, and will require each Subrecipient to have, satisfactory continuing control over the use of Project equipment and facilities, c. It will maintain, and will require each Subrecipient to maintain its Project equipment and facilities adequately, d. When carrying out a procurement under the Formula Grants for the Enhanced Mobility of Seniors and Individuals with Disabilities Program, it will, and will require each Subrecipient to comply with the: (1) General Provisions of 49 U.S.C. 5323, and (2) Third Party Contract Provisions of 49 U.S.C. 5325, e. It has complied or will comply with, and will require each Subrecipient to comply with: (1) The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and (2) The Statewide and Nonmetropolitan Transportation Planning requirements of 49 U.S.C. 5304, and f. To the extent applicable, it will comply with, and require its Subrecipients to comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). 16.B. Formula Grants for the Special Needs of Elderly Individuals and Individuals with Disabilities Program. If your Applicant seeks FTA funding for its Project under the Formula Grants for the Special Needs of Elderly Individuals and Individuals with Disabilities Program, former 49 U.S.C. 5310 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply, the Certifications in Group 16.B apply to your Applicant, except as FTA determines otherwise in writing. 1. The following Certifications for the Formula Grants for the Special Needs of Elderly Individuals and Individuals with Disabilities Program are required by former 49 U.S.C. 5310 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. Therefore, except as FTA determines otherwise in writing, on behalf of your State Applicant, you certify that: a. Each of your State Applicant’s Subrecipients is: (1) A private nonprofit organization, if the public transportation service that Packet Pg. 982  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES would undertake public transportation capital Project(s) planned, designed, and carried out to meet the special needs of elderly individuals and individuals with disabilities is: (a) Unavailable, (b) Insufficient, or (c) Inappropriate, or (2) A State or local governmental authority that: (a) Is approved by a State to coordinate services for seniors and individuals with disabilities, or (b) Certifies that there are not any nonprofit organizations readily available in the area to provide public transportation capital Projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities, b. The Projects your State Applicant has selected or will select for funding appropriated or made available for former 49 U.S.C. 5310 are included in a public transit-human services transportation plan that has been: (1) Locally developed, and (2) Coordinated, c. That public transit-human services transportation plan was developed and approved through a process that included participation by: (1) Elderly Individuals, (2) Individuals with disabilities, (3) Representatives of public, private, and nonprofit transportation providers, (4) Representatives of human services providers, and (5) Other members of the public, d. If your State Applicant allocates funds received under former 49 U.S.C. 5310 to Subrecipients, your State Applicant will have allocated those funds on a fair and equitable basis, e. The Program of Projects your State Applicant has submitted or will submit contains or will contain an assurance that the Program provides for the maximum feasible coordination of transportation services funded by former 49 U.S.C. 5310 with transportation services funded by other Government sources, f. If your State Applicant transfers former 49 U.S.C. 5310 funds to another Project funded under 49 U.S.C. 5336 in accordance with former 49 U.S.C. 5310(b)(2), the Project for which the funds are requested has been coordinated with private nonprofit providers of service under former 49 U.S.C. 5310, and g. It will comply with the requirements of former 49 U.S.C. 5307 that FTA determined will apply to the former Formula Grants for the Special Needs of Elderly Individuals and Individuals with Disabilities Program, 2. The following Certifications for the Special Needs of Elderly Individuals and Individuals with Disabilities Program are required by former 49 U.S.C. 5307(d)(1). Therefore, except as FTA determines otherwise in writing, on behalf of your State Applicant, you certify that: a. Your State Applicant and each of its Subrecipients have or will have the following to carry out its proposed Project(s), including the safety and security Packet Pg. 983  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES aspects of the proposed Project(s): (1) Legal capacity, (2) Financial capacity, and (3) Technical capacity, b. Your State Applicant and each Subrecipient has or will have satisfactory continuing control over the use of Project equipment and facilities, c. Your State Applicant and each of its Subrecipients will maintain its Project equipment and facilities adequately, d. When carrying out a procurement under former 49 U.S.C. 5310, it will, and will require each Subrecipient, to comply with the following provisions as amended by MAP-21: (1) Competitive procurement (as defined or approved by FTA), as required by 49 U.S.C. 5325(a), (2) The prohibition against exclusionary or discriminatory specifications in its procurements under 49 U.S.C. 5323(h), (3) “Buy America” under 49 U.S.C. 5323(j), (4) Applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), (5) Applicable railcar option restrictions of 49 U.S.C. 5325(e), and (6) “Veterans Preference/Employment” under 49 U.S.C. 5325(k), e. It will comply with other applicable requirements under 49 U.S.C. 5323 and 5325, f. Your State Applicant: (1) Has or will have and, as necessary, will require each Subrecipient to have the amount of funds required for the local share by former 49 U.S.C. 5310(c)(2), (2) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds from sources approved by FTA, and (3) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds when needed, g. It has complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303, and 5304, and h. To the extent applicable, your State Applicant will comply with and, as necessary, will require each Subrecipient to comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). 16.C. New Freedom Program. If your Applicant seeks FTA funding for its Project under the New Freedom Program, former 49 U.S.C. 5317, in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply, the Certifications in Group 16.C apply to your Applicant, except as FTA determines otherwise in writing. 1. Former 49 U.S.C. 5317 in effect in FY 2012 or a previous fiscal year requires the following Certification for the New Freedom Program. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: a. It will make awards of New Freedom funding on a competitive basis after conducting: Packet Pg. 984  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (1) An areawide solicitation in cooperation with the appropriate metropolitan planning organization for applications for funding in compliance with former 49 U.S.C. 5317(d)(1), or (2) A statewide solicitation for applications for New Freedom funding in compliance with former 49 U.S.C. 5317(d)(2), b. Any allocations to Subrecipients of New Freedom funding authorized by former 49 U.S.C. 5317 will be distributed on a fair and equitable basis, c. It will comply with the following Project selection and planning requirements: (1) The Projects it has selected or will select for funding appropriated or made available for that program were derived from a public transit-human services transportation plan that has been: (a) Locally developed, and (b) Coordinated, (2) That locally developed and coordinated plan was produced through a process that included: (a) Representatives of public, private, and nonprofit transportation providers, (b) Representatives of public, private, and nonprofit human services providers, and (c) Participation by the public, d. Before it transfers funds to a Project funded by former 49 U.S.C. 5311(c), former 49 U.S.C. 5336, or both: (1) The funding to be transferred may be made available only to Projects eligible for funding appropriated or made available for former 49 U.S.C. 5317, and (2) It will have consulted with responsible local officials and publicly owned operators of public transportation in each area for which the amount to be transferred was originally awarded, e. The requirements of former 49 U.S.C. 5307 and 5310, as determined by FTA, will apply to the New Freedom Program, authorized by former 49 U.S.C. 5317, and 2. The following Certifications for the New Freedom Program are required by former 49 U.S.C. 5307(d)(1) and 5310. Therefore, except as FTA determines otherwise in writing, on its behalf, you certify that: a. It has or will have, and will require each Subrecipient to have, the following to carry out its proposed Project(s), including the safety and security aspects of its proposed Project(s): (1) Legal capacity, (2) Financial capacity, and (3) Technical capacity, b. It has or will have, and will require each Subrecipient to have, satisfactory continuing control over the use of Project equipment and facilities, c. It will maintain, and will require each Subrecipient to maintain, its Project equipment and facilities adequately, d. When carrying out a procurement under former 49 U.S.C. 5317, it will, and will require each Subrecipient, to comply with the following provisions as amended by MAP-21: (1) Competitive procurement (as defined or approved by FTA), as required by Packet Pg. 985  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 49 U.S.C. 5325(a), (2) The prohibition against exclusionary or discriminatory specifications in its procurements under 49 U.S.C. 5323(h), (3) “Buy America” under 49 U.S.C. 5323(j), (4) Applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), (5) Applicable railcar option restrictions of 49 U.S.C. 5325(e), and (6) “Veterans Preference/Employment” under 49 U.S.C. 5325(k), e. It will comply with other applicable requirements under 49 U.S.C. 5323 and 5325, f. It: (1) Has or will have and, as necessary, will require each Subrecipient to have the amount of funds required for the local share required by former 49 U.S.C. 5317(g), (2) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds from sources approved by FTA, and (3) Will provide and, as necessary, will require each Subrecipient to provide, the local share funds when needed, g. It has complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303, and 5304, and h. To the extent applicable, it will comply with and, as necessary, will require each Subrecipient to comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). GROUP 17. RURAL/OTHER THAN URBANIZED AREAS/APPALACHIAN DEVELOPMENT/OVER-THE-ROAD BUS ACCESSIBILITY PROGRAMS. The Certifications in Group 17 are required for funding under: 17.A. The Formula Grants for Rural Areas Program financed with funding appropriated or made available for 49 U.S.C. 5311(b), as amended by MAP-21, (Separate Certifications and Assurances have been established in Group 18 for an Indian tribe that is an Applicant for a Public Transportation on Indian Reservations Project financed with funding made available for 49 U.S.C. 5311(c))(1), as amended by MAP-21.) 17.B. The Formula Grants for Other Than Urbanized Areas Program financed with funding appropriated or made available for former 49 U.S.C. 5311(b) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply, (Separate Certifications and Assurances have been established in Group 18 for an Indian tribe that is an Applicant for a “Tribal Transit” Project financed with funding made available for former 49 U.S.C. 5311(c)(1) in effect in FY 2012 or a previous fiscal year.) 17.C. The Appalachian Development Public Transportation Assistance Program financed with funding appropriated or made available for 49 U.S.C. 5311(c)(2), as amended by MAP-21, and 17.D. The Over-the-Road Bus Accessibility Program financed with funding appropriated or made available for section 3038 of TEA-21, as amended by section 3039 of SAFETEA-LU, 49 U.S.C. 5310 note, except as superseded by Packet Pg. 986  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES MAP-21 cross-cutting requirements that apply. (Separate Certifications and Assurances have been established for an Indian tribe that is an Applicant for a Tribal Transit Project financed with funding made available for 49 U.S.C. 5311(c).) Before FTA may provide funding for your Applicant’s Project under any of the Programs listed above, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 17, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications and Assurances in Group 17 that does not apply will not be enforced. 17.A. Formula Grants for Rural Areas Program. If your Applicant seeks FTA funding for its Project under the Formula Grants for Rural Areas Program, 49 U.S.C. 5311, as amended by MAP-21, the Certifications in Group 17.A apply to your Applicant, except as FTA determines otherwise in writing. The following Certifications apply to each State or State organization serving as your Applicant for funding appropriated or made available for the Rural Areas Formula Project authorized by 49 U.S.C. 5311(b). On its behalf, you certify and assure that: 1. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of its Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. It has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Its Project equipment and facilities will be adequately maintained, 4. Its State program has provided for a fair distribution of Federal funding appropriated or made available for 49 U.S.C. 5311(b), within the State, including Indian reservations, 5. Its program provides or will provide the maximum feasible coordination of public transportation service funded by 49 U.S.C. 5311(b), with transportation service funded by other Federal sources, Packet Pg. 987  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 6. Its Projects in its Formula Grants for Rural Areas Program are included in: a. The Statewide Transportation Improvement Program, and b. To the extent applicable, a Metropolitan Transportation Improvement Program, 7. It: a. Has or will have the amount of funds required for the local share, as required by 49 U.S.C. 5311(g), b. Will provide the local share funds from sources approved by FTA, and c. Will provide the local share funds when needed, 8. It may transfer a facility or equipment acquired using a grant under 49 U.S.C. 5311(b) to any other Recipient eligible to receive assistance under 49 U.S.C. chapter 53, if: a. The Recipient in possession of the facility or equipment consents to the transfer, and b. The facility or equipment will continue to be used as required under 49 U.S.C. 5311, and 9. Each fiscal year: a. It will spend at least fifteen (15) percent of its 49 U.S.C. 5311 funding available that fiscal year to develop and support intercity bus transportation within the State, with eligible activities, including: (1) Planning and marketing for intercity bus transportation, (2) Capital grants for intercity bus facilities, (3) Joint-use facilities, (4) Operating grants through purchase-of-service agreements, user-side subsidies, and demonstration Projects, and (5) Coordinating rural connections between small public transportation operations and intercity bus carriers, or b. It will provide to the Federal Transit Administrator a Certification from the Governor of the State that: (1) It has consulted with the affected intercity bus service providers about the intercity bus needs of the State, and (2) The State’s intercity bus service needs are being met adequately. 17.B. Formula Grants for Other Than Urbanized Areas Program. If your Applicant seeks FTA funding for its Project under the Formula Grants for Other Than Urbanized Areas Program, former 49 U.S.C. 5311 in effect in FY 2012 or a previous fiscal year, the Certifications in Group 17.B apply to your Applicant, except as FTA determines otherwise in writing. The following Certifications apply to each State or State organization serving as your Applicant for funding appropriated or made available for the Formula Grants for Other Than Urbanized Areas Project authorized by former 49 U.S.C. 5311(b)(1) in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. On its behalf, you certify and assure that: 1. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of its Project(s): Packet Pg. 988  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. It has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Its Project equipment and facilities will be adequately maintained, 4. Its State program required under former 49 U.S.C. 5311(b)(2) has provided for a fair distribution of Federal funding appropriated or made available for former 49 U.S.C. 5311(b), within the State, including Indian reservations, 5. Its State program required under former 49 U.S.C. 5311(b)(2) provides or will provide the maximum feasible coordination of public transportation service funded by former 49 U.S.C. 5311(b), with transportation service funded by other Federal sources, 6. Its Projects in its Formula Grants for Other than Urbanized Areas Program are included in: a. The Statewide Transportation Improvement Program, and b. To the extent applicable, a Metropolitan Transportation Improvement Program, 7. It: a. Has or will have the amount of funds required for the local share, as required by former 49 U.S.C. 5311(g), b. Will provide the local share funds sources approved by FTA, and c. Will provide the local share funds when needed, 8. It may transfer a facility or equipment acquired using a grant under former 49 U.S.C. 5311(b) in effect in FY 2012 or a previous fiscal year to any other Recipient eligible to receive assistance under 49 U.S.C. chapter 53, if: a. The Recipient in possession of the facility or equipment consents to the transfer, and b. The facility or equipment will continue to be used as required under former 49 U.S.C. 5311, and 9. Each fiscal year: a. It will spend at least fifteen (15) percent of its former 49 U.S.C. 5311 funding available for that fiscal year to develop and support intercity bus transportation within the State with eligible activities, including: (1) Planning and marketing for intercity bus transportation, (2) Capital grants for intercity bus shelters, (3) Joint-use stops and depots, (4) Operating grants through purchase-of-service agreements, user-side subsidies, and demonstration Projects, and (5) Coordinating rural connections between small public transportation operations and intercity bus carriers, or b. It will provide to the Federal Transit Administrator a Certification from the Chief Executive Officer of the State that: (1) It has consulted with the affected intercity bus service providers about the intercity bus needs of the State, and (2) The State’s intercity bus service needs are being met adequately. Packet Pg. 989  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 17.C. Appalachian Development Public Transportation Assistance Program. If your Applicant seeks FTA funding for its Project under the Appalachian Development Public Transportation Assistance Program, 49 U.S.C. 5311(c)(2), the Certification in Group 17.C applies to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify and assure that, in addition to other Certifications and Assurances it must provide, if it is unable to use its funding made available or appropriated for public transportation operating assistance, in accordance with 49 U.S.C. 5311(c)(2)(D), it may use the funding for a highway Project only after: 1. It provides notice and an opportunity for comment and appeal to affected public transportation providers, 2. It approves for such use in writing, and 3. In approving the use, it determines that local transit needs are being addressed. 17.D. Over-the-Road Bus Accessibility Program. If your Applicant seeks FTA funding for its Project under the Over-the-Road Bus Accessibility Program, section 3038 of TEA-21, as amended by section 3039 of SAFETEA-LU, 49 U.S.C. 5310 note, the Assurances in Group 17.D apply to your Applicant, except as FTA determines otherwise in writing. Your Applicant assures that it will comply with all applicable Federal statutes and regulations, and follow applicable Federal guidance in carrying out any Over-the-Road Bus Accessibility Project supported by the FTA grant. It acknowledges that it is under a continuing obligation to comply with the terms and conditions of the grant agreement issued for its Project with FTA. It understands that Federal laws, regulations, policies, and administrative practices might be modified from time to time and affect the implementation of the Project. It assures that the Federal requirements for the Over-the-Road Bus Accessibility Program during FY 2012 will apply to the Project, except as FTA determines otherwise in writing. Certifications and Assurances for funding to be awarded under this program in FY 2014 are included in these FTA Certifications and Assurances for FY 2014. Each Applicant must submit Group 01 (“Required Certifications and Assurances for Each Applicant”). Each Applicant seeking more than $100,000 in Federal funding must provide both Group 01, and Group 02, (“Lobbying”). GROUP 18. TRIBAL TRANSIT PROGRAMS. The Certifications in Group 18 are required for funding under: • The Public Transportation on Indian Reservations Formula Program, 49 U.S.C. 5311(c)(1), as amended by MAP-21, and • The Public Transportation on Indian Reservations Discretionary Program, 49 U.S.C. 5311(c)(1). Packet Pg. 990  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Before FTA may provide funding for your Applicant’s Project under either Program listed above, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 18, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 18 that does not apply will not be enforced. FTA has established terms and conditions for Tribal Transit Program grants financed with funding appropriated or made available for 49 U.S.C. 5311(c)(1). On behalf of your Applicant, you certify and assure that: 1. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of its Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. It has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. Its Project equipment and facilities will be adequately maintained, 4. Its Project will achieve maximum feasible coordination with transportation service funded by other Federal sources, 5. It will: a. Have a procurement system that complies with U.S. DOT regulations, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,” 49 CFR part 18, specifically 49 CFR 18.36, or b. Inform FTA promptly that its procurement system does not comply with those U.S. DOT regulations, 6. It will comply with Buy America under 49 U.S.C. 5323(j), and 7. It will comply with the Certifications, Assurances, and Agreements in: a. Group 03.B and 03.C (Charter Service Agreement and School Bus Agreement), b. Group 05.B (Bus Testing), c. Group 06 (Demand Responsive Service), d. Group 07 (Intelligent Transportation Systems), and e. Group 10 (Alcohol and Controlled Substances Testing). GROUP 19. LOW OR NO EMISSION/CLEAN FUELS GRANT PROGRAM Packet Pg. 991  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES The Certifications in Group 19 are required for funding under: 19.A. The Low or No Emission Vehicle Deployment Program, 49 U.S.C. 5312(d)(5), as amended by MAP-21, and 19.B. The Clean Fuels Grant Program, former 49 U.S.C. 5308, in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. Before FTA may provide funding for your Applicant’s Project under any of the Programs listed above, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 19, except as FTA determines otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 19 that does not apply will not be enforced. 19.A. Low or No Emission Vehicle Deployment. If your Applicant seeks FTA funding for its Project under the Low or No Emission Vehicle Development Program, 49 U.S.C. 5312(d)(5), as amended by MAP-21, the Certifications and Assurances in Group 19.A apply to your Applicant, except as FTA determines otherwise in writing. Section 5312(d)(5)(C)(i) of title 49 requires the following Certifications for Low or No Emission Vehicle Deployment Program funding appropriated or made available for MAP-21. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify and assure that: 1. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of its proposed Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. It has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. It will maintain its Project equipment and facilities adequately, 4. It will ensure that, during non-peak hours, for transportation using or involving a facility or equipment funded for its Project, the following individuals will be charged a fare not exceeding fifty (50) percent of the peak hour fare: a. Any senior, Packet Pg. 992  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES b. Any individual who, because of illness, injury, age, a congenital malfunction, or any other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or who has semi-ambulatory capability), and cannot use a public transportation service or a public transportation facility effectively without special facilities, special planning, or special design, c. Any individual presenting a Medicare card issued to that individual under title II of the Social Security Act (42 U.S.C. 401 et seq.), or d. Any individual presenting a Medicare card issued to that individual under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), 5. When carrying out a procurement under this Program, it will comply with the: a. General Provisions of 49 U.S.C. 5323, and b. Third Party Contract Provisions of 49 U.S.C. 5325, 6. It has: a. Informed or will inform the public of the amounts of its funding available under this Program, b. Developed or will develop, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be funded, c. Published or will publish a Program of Projects in a way that affected individuals, private transportation providers, and local elected officials will have an opportunity to examine and submit comments on the proposed Projects and its performance as an Applicant, d. Provided or will provide an opportunity for a public hearing to obtain the views of individuals on the proposed Program of Projects, e. Assured or will assure that the proposed Program of Projects provides for coordination of public transportation services assisted under 49 U.S.C. 5336 with federally funded transportation services supported by other United States Government sources, f. Considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final list of Projects, and g. Made or will make the final list of Projects available to the public, 7. It: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds from sources approved by FTA, and c. Will provide the local share funds when needed, 8. It will comply with: a. The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and b. The Statewide and Nonmetropolitan Planning requirements of 49 U.S.C. 5304, 9. It has a locally developed process to solicit and consider public comment before: a. Raising a fare, or b. Implementing a major reduction of public transportation, and 10. It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). 19.B. Clean Fuels Grant Program. Packet Pg. 993  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES If your Applicant seeks FTA funding for its Project under the Clean Fuels Grant Program, former 49 U.S.C. 5308, in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 crosscutting requirements that apply, the Certifications and Assurances in Group 19.B apply to your Applicant, except as FTA determines otherwise in writing. Former 49 U.S.C. 5307(d)(1) except as superseded by MAP-21 cross-cutting requirements that apply, requires the following Certifications for Clean Fuels Grant Program funding appropriated or made available for former 49 U.S.C. 5308 in effect in FY 2012 or a previous fiscal year. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify and assure that: 1. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of its Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. It has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. It will maintain the Project equipment and facilities adequately, 4. It will ensure that the following individuals will be charged not more than fifty (50) percent of the peak hour fare for transportation during non-peak hours using or involving Project facilities or equipment supported under former 49 U.S.C. 5308: a. Elderly individuals, b. Individuals with disabilities, c. Any individual presenting a Medicare card issued to that individual under title II of the Social Security Act (42 U.S.C. 401 et seq.), and d. Any individual presenting a Medicare card issued to that individual under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), 5. When carrying out a procurement under former 49 U.S.C. 5308, it will, and will require each Subrecipient, to comply with the following provisions as amended by MAP-21: a. Competitive procurement (as defined or approved by FTA), as required by 49 U.S.C. 5325(a), b. The prohibition against exclusionary or discriminatory specifications in its procurements under 49 U.S.C. 5323(h), c. “Buy America” under 49 U.S.C. 5323(j), d. Applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), e. Applicable railcar option restrictions of 49 U.S.C. 5325(e), and f. “Veterans Preference/Employment” under 49 U.S.C. 5325(k), 6. It will comply with other applicable requirements under 49 U.S.C. 5323 and 5325, 7. It: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds from sources approved by FTA, and c. Will provide the local share funds when needed, Packet Pg. 994  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 8. It has complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303 and 5304, 9. It has a locally developed process to solicit and consider public comment before: a. Raising a fare, or b. Implementing a major reduction of public transportation, and 10. It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d). GROUP 20. PAUL S. SARBANES TRANSIT IN PARKS PROGRAM Before FTA may provide funding for your Applicant’s Project under the Paul S. Sarbanes Transit in Parks Program, former 49 U.S.C. 5320, in effect in FY 2012 or a previous fiscal year for your Applicant’s Project, except as superseded by MAP-21 requirements that apply, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 20, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications and Assurances in Group 20 that does not apply will not be enforced. 1. The following Certifications and Assurances for the Paul S. Sarbanes Transit in Parks Program (Parks Program) are required by former 49 U.S.C. 5320 in effect in FY 2012 or a previous fiscal year, except as superseded by MAP-21 cross-cutting requirements that apply. Therefore, except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: a. It will consult with the appropriate Federal land management agency during the planning process, and b. The requirements of former 49 U.S.C. 5307, as determined by FTA, will apply to the Parks Program, authorized by former 49 U.S.C. 5320, and 2. FTA has determined certain requirements of former 49 U.S.C. 5307 to be appropriate for the Parks Program, of which some require Certifications. Therefore as specified under former 49 U.S.C. 5307(d)(1) except as superseded by MAP-21 cross-cutting requirements that apply, you certify that: a. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of its Project(s): (1) Legal capacity, (2) Financial capacity, and Packet Pg. 995  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES (3) Technical capacity, b. It has or will have satisfactory continuing control over the use of Project equipment and facilities, c. It will maintain the Project equipment and facilities adequately, d. When carrying out a procurement under former 49 U.S.C. 5320, it will, and will require each Subrecipient, to comply with the following provisions as amended by MAP-21: (1) Competitive procurement (as defined or approved by FTA), as required by 49 U.S.C. 5325(a), (2) The prohibition against exclusionary or discriminatory specifications in its procurements under 49 U.S.C. 5323(h), (3) “Buy America” under 49 U.S.C. 5323(j), (4) Applicable pre-award and post-delivery requirements of 49 U.S.C. 5323(m), (5) Applicable railcar option restrictions of 49 U.S.C. 5325(e), and (6) “Veterans Preference/Employment” under 49 U.S.C. 5325(k), e. It will comply with other applicable requirements under 49 U.S.C. 5323 and 5325, f. It has complied or will comply with the requirements of former 49 U.S.C. 5307(c). Specifically, it: (1) Has made or will make available to the public information on the amounts available for the Parks Program, former 49 U.S.C. 5320, and the Projects it proposes to undertake, (2) Has developed or will develop, in consultation with interested parties, including private transportation providers, Projects to be financed, (3) Has published or will publish a list of proposed Projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed Projects and submit comments on the proposed Projects and its performance, (4) Has provided or will provide an opportunity for a public hearing to obtain the views of citizens on the proposed Projects, (5) Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final list of Projects, and (6) Has made or will make the final list of Projects available to the public, g. It: (1) Has or will have the amount of funds required for the local share, (2) Will provide the local share funds from sources approved by FTA, and (3) Will provide the local share funds when needed, h. It has complied or will comply with, and will require each Subrecipient to comply with, 49 U.S.C. 5303 and 5304, and i. It has a locally developed process to solicit and consider public comment before: (1) Raising a fare, or (2) Implementing a major reduction of public transportation. GROUP 21. STATE SAFETY OVERSIGHT GRANT PROGRAM. Packet Pg. 996  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Before FTA may provide funding for your Applicant’s Project under the State Safety Oversight Grant Program, 49 U.S.C. 5329(e), as amended by MAP-21, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certifications in Group 21, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications in Group 21 that does not apply will not be enforced. On behalf of your Applicant, you certify that: 1. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of its proposed Project(s): a. Legal capacity, b. Financial capacity, and c. Technical capacity, 2. It has or will have satisfactory continuing control over the use of Project equipment and facilities, 3. It will maintain its Project equipment and facilities adequately, 4. When carrying out a procurement for its Project, it will comply with the: a. The Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments, 49 C.F.R. part 18, b. General Provisions of 49 U.S.C. 5323, and c. Third Party Contract Requirements of 49 U.S.C. 5325, 5. As required by 49 U.S.C. 5329(e)(6)(C), it: a. Has or will have the amount of funds required for the local share, b. Will provide the local share funds only from sources approved by FTA, and will not be met by: (1) Any Federal funds, (2) Any funds received from a public transportation agency, or (3) Any revenues earned by a public transportation agency, and c. Will provide the local share funds when needed, 6. It meets the applicable requirements of 49 C.F.R. part 659, Rail Fixed Guideway Systems: State Safety Oversight, and 7. It has received or will receive an FTA certification upon a determination that its State Safety Oversight Program meets the requirements of 49 U.S.C. 5329(e) and is adequate to promote the purposes of 49 U.S.C. 5329. GROUP 22. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM. Packet Pg. 997  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES Before FTA may provide funding for your Applicant’s Project under the Public Transportation Emergency Relief Program, 49 U.S.C. 5324, as amended by MAP-21, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Assurance in Group 22, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Assurance in Group 22 that does not apply will not be enforced. As required by 49 U.S.C. 5324(d), on behalf of your Applicant, you assure that it will comply with the requirements of the Certifications and Assurances as FTA determines will apply to an Applicant for funding appropriated or made available for the Public Transportation Emergency Relief Program. GROUP 23. EXPEDITED PROJECT DELIVERY PILOT PROGRAM. Before FTA may provide funding for your Applicant’s Project under the Expedited Project Delivery Pilot Program, section 20008(b)(5)(D) of MAP-21, in addition to other Certifications and Assurances you must select on its behalf, you must also select the Certification in Group 23, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. To the extent that the Certification in Group 23 does not apply, it will not be enforced. On behalf of your Applicant, you certify that its existing public transportation system or the public transportation system that is the subject of the Project is in a state of good repair, as required by section 20008(b)(5)(D) of MAP-21. GROUP 24. INFRASTRUCTURE FINANCE PROGRAMS. The Certifications in Group 24 apply to the following programs: Packet Pg. 998  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES 24.A. The Transportation Infrastructure Finance and Innovation Act (TIFIA) Program, 23 U.S.C. 601-609, except as superseded by MAP-21 cross-cutting requirements that apply, and 24.B. The State Infrastructure Banks (SIB) Program, 23 U.S.C. 610, except as superseded by MAP-21 cross-cutting requirements that apply. Before FTA may provide credit assistance under TIFIA for your Applicant’s Project or funding for your Applicant to deposit in a SIB, in addition to other Certifications and Assurances you must select on your Applicant’s behalf, you must also select the Certifications in Group 24, except as FTA may determine otherwise in writing. Your Applicant is ultimately responsible for compliance with the Certifications and Assurances selected on its behalf that apply to its Project, itself, any Subrecipient, or other Third Party Participant in its Project, except as FTA determines otherwise in writing. For this reason, we strongly encourage your Applicant to take appropriate measures, including, but not limited to, obtaining sufficient documentation from each Subrecipient and other Third Party Participants to assure the validity of the applicable Certifications and Assurances selected on behalf of your Applicant. Any provision of the Certifications and Assurances in Group 24 that does not apply will not be enforced. 24.A. Transportation Infrastructure Finance and Innovation Act (TIFIA) Program. If your Applicant seeks FTA funding for its Project under the TIFIA Program, the Certifications and Assurances in Group 24.A applies to your Applicant, except as FTA determines otherwise in writing. On behalf of your Applicant, you certify and assure, as required by 49 U.S.C. 5323(o), that Federal transit laws, specifically 49 U.S.C. 5307, 49 U.S.C. 5309, and 49 U.S.C. 5337, apply to any Project under 49 U.S.C. chapter 53 that receives TIFIA credit assistance under 23 U.S.C. 601 – 609. 1. To comply with 49 U.S.C. 5307, specifically 49 U.S.C. 5307(d)(1), on its behalf, you certify that: a. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of its proposed Project(s): (1) Legal capacity, (2) Financial capacity, and (3) Technical capacity, b. It has or will have satisfactory continuing control over the use of Project equipment and facilities, c. It will maintain its Project equipment and facilities adequately, d. It will ensure that when, during non-peak hours for transportation using or involving a facility or equipment of a TIFIA-financed Project, a fare that is not Packet Pg. 999  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES more than fifty (50) percent of the peak hour fare will be charged to the following individuals: (1) A senior, (2) An individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design, or (3) Any individual presenting a Medicare card issued to that individual under title II of the Social Security Act (42 U.S.C. 401 et seq.), and (4) Any individual presenting a Medicare card issued to that individual under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), e. When carrying out a TIFIA-funded procurement, it will comply with: (1) 49 U.S.C. 5323, and (2) 49 U.S.C. 5325, f. It has complied with or will comply with 49 U.S.C. 5307(b), because it: (1) Has made or will make available to the public information on amounts of its TIFIA funding request(s), (2) Has developed or will develop, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be funded, (3) Has published or will publish a Program of Projects in a way that affected individuals, private transportation providers, and local elected officials will have an opportunity to examine and submit comments on the proposed Program of Projects and its performance as an Applicant or Recipient, (4) Has provided or will provide an opportunity for a public hearing to obtain the views of individuals on the proposed Program of Projects, (5) Has ensured or will ensure that the proposed Program of Projects provides for coordination of public transportation services funded by FTA under 49 U.S.C. 5336 and U.S. DOT under TIFIA with federally funded transportation services supported by other United States Government sources, (6) Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final Program of Projects, and (7) Has made or will make the final Program of Projects available to the public, g. It: (1) Has or will have at least (twenty) 20 percent of the TIFIA net Project costs required for the local share, (2) Will provide the local share funds from sources approved by FTA, and (3) Will provide the local share funds when needed, h. It will comply with: (1) The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and (2) The Statewide and Nonmetropolitan Planning requirements of 49 U.S.C. 5304, Packet Pg. 1000  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES i. It has a locally developed process to solicit and consider public comment before: (1) Raising a fare, or (2) Implementing a major reduction of public transportation, and j. It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d), 2. To comply with the interest and financing costs restrictions of 49 U.S.C. chapter 53, it agrees that it will not seek reimbursement for interest and other financing costs incurred in connection with its Project that must be in compliance with those requirements unless: a. It is eligible to receive Federal funding for those expenses, and b. Its records demonstrate that it has used reasonable diligence in seeking the most favorable financing terms underlying those costs, to the extent FTA may require. 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 4. The National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 5321 et seq., and will receive an environmental categorical exclusion, a finding of no significant impact, or a record of decision under NEPA for its Project prior to obligation of funds, and 5. It agrees that it will adopt a transit asset management plan that complies with regulations implementing 49 U.S.C. 5326(d), when required. 24.B. State Infrastructure Banks (SIB) Program. If your Applicant is a State and seeks FTA funding under the SIB Program to deposit in its SIB, the Certifications and Assurances in Group 24.B applies to your State and its Project, except as FTA determines otherwise in writing. On behalf of the State organization serving as your Applicant for funding for its SIB Program, you certify and assure that: 1. It will comply with the following applicable Federal laws establishing the various SIB programs since 1995: a. 23 U.S.C. 610, as amended by MAP-21, b. 23 U.S.C. 610 or its predecessor before MAP-21 was signed into law, c. Section 1511 of TEA-21, 23 U.S.C. 181 note, or d. Section 350 of the National Highway System Designation Act of 1995, as amended, 23 U.S.C. 181, 2. It will comply with or follow the Cooperative Agreement establishing the State’s SIB program between: a. It and FHWA, FRA, and FTA, or b. It and FHWA and FTA, 3. It will comply with or follow the Grant Agreement that provides FTA funding for the SIB and is between it and FTA, including the FTA Master Agreement, which is incorporated by reference into the Grant Agreement, except that any provision of the FTA Master Agreement incorporated by reference into that Grant Agreement will not apply if it conflicts with any provision of: a. 23 U.S.C. 610, as amended by MAP-21, Packet Pg. 1001  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES b. 23 U.S.C. 610 or its predecessor before MAP-21 was signed into law, c. Section 1511 of TEA-21, 23 U.S.C. 181 note, or section 350 of the National Highway System Designation Act of 1995, as amended, 23 U.S.C. 181 note, d. Federal guidance pertaining to the SIB Program, e. The Cooperative Agreement establishing the State’s SIB Program, or f. The FTA Grant Agreement, 4. As required by 49 U.S.C. 5323(o), Federal transit laws, specifically 49 U.S.C. 5307, 49 U.S.C. 5309, and 49 U.S.C. 5337, as amended by MAP-21, apply to any Project under 49 U.S.C. chapter 53 that receives SIB support or financing under 23 U.S.C. 610 (or any support from 23 U.S.C. 601 – 609), 5. As required by 49 U.S.C. 5323(o) and 49 U.S.C. 5307(d)(1): a. It has or will have the following to carry out its proposed Project(s), including the safety and security aspects of those proposed Project(s): (1) Legal capacity, (2) Financial capacity, and (3) Technical capacity, b. It has or will have satisfactory continuing control over the use of Project equipment and facilities, c. It will maintain its Project equipment and facilities adequately, d. It will ensure that when, during non-peak hours for transportation using or involving a facility or equipment of a SIB-financed Project, a fare that is not more than fifty (50) percent of the peak hour fare will be charged to the following individuals: (1) A senior, (2) An individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semi-ambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design, (3) An individual presenting a Medicare card issued to that individual under title II of the Social Security Act (42 U.S.C. 401 et seq.), or (4) An individual presenting a Medicare card issued to that individual under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), e. When carrying out a procurement under a SIB-financed Project, it will comply with the: (1) General Provisions of 49 U.S.C. 5323, and (2) Third Party Contract Provisions of 49 U.S.C. 5325, f. It has complied with or will comply with 49 U.S.C. 5307(b), because it: (1) Has made or will make available to the public information on amounts of its funding requested under the SIB program, (2) Has developed or will develop, in consultation with interested parties, including private transportation providers, a proposed Program of Projects for activities to be funded, (3) Has published or will publish a Program of Projects in a way that affected individuals, private transportation providers, and local elected officials will Packet Pg. 1002  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES have an opportunity to examine and submit comments on the proposed Program of Projects and its performance as an Applicant or Recipient, (4) Has provided or will provide an opportunity for a public hearing to obtain the views of individuals on the proposed Program of Projects, (5) Has ensured or will ensure that the proposed Program of Projects provide for coordination of public transportation services funded by FTA under 49 U.S.C. 5336 and the SIB Program with federally funded transportation services supported by other United States Government sources, (6) Has considered or will consider the comments and views received, especially those of private transportation providers, in preparing its final Program of Projects, and (7) Has made or will make the final Program of Projects available to the public, g. It: (1) Has or will have the amount of funds required for the local share by the SIB Program, but not less than twenty-five (25) percent of each capitalization grant, (2) Will provide the local share funds from sources approved by FTA, and (3) Will provide the local share funds when needed, h. It will comply with the: (1) The Metropolitan Transportation Planning requirements of 49 U.S.C. 5303, and (2) The Statewide and Nonmetropolitan Planning requirements of 49 U.S.C. 5304, i. It has a locally developed process to solicit and consider public comment before: (1) Raising a fare, or (2) Implementing a major reduction of public transportation, and j. It will comply with the final Federal regulations, when issued, that implement the safety plan requirements of 49 U.S.C. § 5329(d), 2. As required by 49 U.S.C. chapter 53, it certifies that it will not seek reimbursement for interest and other financing costs incurred in connection with its Project unless: a. It is eligible to receive Federal funding for those expenses, and b. Its records demonstrate that it has used reasonable diligence in seeking the most favorable financing terms underlying those costs, to the extent FTA may require, and 3. It agrees that it will adopt a transit asset management plan that complies with regulations implementing 49 U.S.C. 5326(d). Selection and Signature Page(s) follow. Packet Pg. 1003  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES FEDERAL FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS (Signature page alternative to providing Certifications and Assurances in TEAM-Web) Name of Applicant: ____________________________________________________________ The Applicant agrees to comply with applicable provisions of Groups 01 – 24. ______ OR The Applicant agrees to comply with applicable provisions of the Groups it has selected: Group Description 01. Required Certifications and Assurances for Each Applicant. ______ 02. Lobbying. ______ 03. Procurement and Procurement Systems. ______ 04. Private Section Protections. ______ 05. Rolling Stock Reviews and Bus Testing. ______ 06. Demand Responsive Service. ______ 07. Intelligent Transportation Systems. ______ 08. Interest and Financing Costs and Acquisition of Capital Assets by Lease. ______ 09. Transit Asset Management Plan and Public Transportation Agency Safety Plan. ______ 10. Alcohol and Controlled Substances Testing. ______ 11. Fixed Guideway Capital Investment Grants Program (New Starts, Small Starts, and Core ______ Capacity) and Capital Investment Program in Effect before MAP-21. 12. State of Good Repair Program. ______ 13. Fixed Guideway Modernization Grant Program. ______ 14. Bus and Bus Facilities Formula Grants Program and Bus and Bus Related Equipment and ______ Facilities Grant Program (Discretionary). 15. Urbanized Area Formula Grants Programs, Passenger Ferry Grants Program, and Job Access ______ and Reverse Commute (JARC) Program. 16. Seniors/Elderly/Individuals with Disabilities Programs and New Freedom Program. ______ 17. Rural/Other Than Urbanized Areas/Appalachian Development/Over-the-Road Bus ______ Accessibility Programs. 18. Public Transportation on Indian Reservations Programs (also known as the Tribal Transit ______ Programs). 19. Low or No Emission/Clean Fuels Grant Programs. ______ 20. Paul S. Sarbanes Transit in Parks Program. ______ 21. State Safety Oversight Program. ______ 22. Public Transportation Emergency Relief Program. ______ 23. Expedited Project Delivery Pilot Program. ______ 24. Infrastructure Finance Programs. ______ Packet Pg. 1004  FTA FISCAL YEAR 2014 CERTIFICATIONS AND ASSURANCES FEDERAL FISCAL YEAR 2014 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE (Required of all Applicants for FTA funding and all FTA Grantees with an active Capital or Formula Project) AFFIRMATION OF APPLICANT Name of the Applicant: ____________________________________________________________________________ Name and Relationship of the Authorized Representative: _________________________________________________ BY SIGNING BELOW, on behalf of the Applicant, I declare that it has duly authorized me to make these Certifications and Assurances and bind its compliance. Thus, it agrees to comply with all Federal statutes and regulations, and follow applicable Federal guidance, and comply with the Certifications and Assurances as indicated on the foregoing page applicable to each application its Authorized Representative makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2014, irrespective of whether the individual that acted on his or her Applicant’s behalf continues to represent it. FTA intends that the Certifications and Assurances the Applicant selects on the other side of this document should apply to each Project for which it seeks now, or may later seek FTA funding during Federal Fiscal Year 2014. The Applicant affirms the truthfulness and accuracy of the Certifications and Assurances it has selected in the statements submitted with this document and any other submission made to FTA, and acknowledges that the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., and implementing U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR part 31, apply to any certification, assurance or submission made to FTA. The criminal provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with a Federal public transportation program authorized by 49 U.S.C. chapter 53 or any other statute In signing this document, I declare under penalties of perjury that the foregoing Certifications and Assurances, and any other statements made by me on behalf of the Applicant are true and accurate. Signature____________________________________________________________ Date: _________________ Name_______________________________________________________________ Authorized Representative of Applicant AFFIRMATION OF APPLICANT’S ATTORNEY For (Name of Applicant): ________________________________________________________________________ As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has authority under State, local, or tribal government law, as applicable, to make and comply with the Certifications and Assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the Certifications and Assurances have been legally made and constitute legal and binding obligations on it. I further affirm that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these Certifications and Assurances, or of the performance of its FTA Project or Projects. Signature____________________________________________________________ Date: _________________ Name_______________________________________________________________ Attorney for Applicant Each Applicant for FTA funding and each FTA Grantee with an active Capital or Formula Project must provide an Affirmation of Applicant’s Attorney pertaining to the Applicant’s legal capacity. The Applicant may enter its signature in lieu of the Attorney’s signature, provided the Applicant has on file this Affirmation, signed by the attorney and dated this Federal fiscal year. Packet Pg. 1005 Packet Pg. 1006 Packet Pg. 1007  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Quotes in Lieu of Bids for the Cell Phone Waiting Parking Lot Area DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: Airport staff requests the Board of County Commissioners' approval to authorize the Purchasing Department to solicit quotes in lieu of formal bids for minor curbing, entrance lane modifications and signage to form a new Cell Phone Waiting Area Parking Lot at Northwest Florida Regional Airport. Approval for the Purchasing Department to solicit quotes will enable the Airport to complete the project in time for spring break traffic increases. BACKGROUND: The Cell Phone Waiting Area Parking Lot design, bid and construction of improvements was approved by the Board of County Commissioners on November 5, 2013. Cell Phone Waiting Areas are an emerging trend among commercial service airports that facilitate traffic and pedestrian safety, airport security and efficient convenient pickup for the traveling public. Four potential locations were studied to determine efficiency and costs. OPTIONS: Approve or Deny RECOMMENDATIONS: Airport Staff recommends Board of County Commissioners' approval for the Purchasing Department to solicit quotes in lieu of bids for the Cell Phone Waiting Area Parking Lot project. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1008 Packet Pg. 1009  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Widening Highway 98 Resolution DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests Board approval of resolution supporting the widening of US 98 from County line to Airport Road in Destin. BACKGROUND: The Florida Department of Transportation is currently in the design phase of a plan to widen two sections of US 98 to six lanes. One section reaches from Tang-O-Mar Drive in the Sandestin area to the Walton-Okaloosa County Line and the other is from the Walton- Okaloosa County Line to Airport Road in Destin. This project will improve and beautify the roadway providing: • 26 to 30-foot wide curb & gutter center medians landscaped with trees and other plantings • Five to eight-foot wide sidewalks on both sides of the roadway separated from the curb by landscaped areas when possible • Four-foot wide bike lanes on both sides of the roadway RECOMMENDATION: Staff recommends approval of resolution. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1010  Project to Widen US 98 Tang-O-Mar Drive to Airport Road Project Description The Florida Department of Transportation is currently in the design phase of a plan to widen two sections of US 98 to six lanes. One section reaches from Tang-O-Mar Drive in the Sandestin area to the Walton-Okaloosa County Line and the other is from the Walton-Okaloosa County Line to Airport Road in Destin. This project will improve and beautify the roadway providing: • 26 to 30-foot wide curb & gutter center medians landscaped with trees and other plantings • Five to eight-foot wide sidewalks on both sides of the roadway separated from the curb by landscaped areas when possible • Four-foot wide bike lanes on both sides of the roadway Project Status Okaloosa County Section • Design Phase 90% Complete; Expected Completion May 2014 • Current FDOT Cost Estimates: Roadway Construction - $30 million; ROW - $1.2 million Walton County Section • Design Phase 60% Complete; Expected Completion December 2014 • Current FDOT Cost Estimate: Roadway Construction - $31 million; ROW - $6.5 million • #1 Project on Okaloosa-Walton TPO Table 4: FY 15-19 SIS Project Priorities List Benefits of the Project With traffic congestion rapidly worsening in these areas, the need for this project is great. This project benefits both our permanent residents and our visitors as it will: • Improve commerce between Walton and Okaloosa Counties • Enhance the connectivity of people to jobs and services, businesses to suppliers and customers, visitors to destinations and students to schools • Create a safer environment for vehicular traffic, cyclists and pedestrians • Improve evacuation times during disaster events • Create jobs • Improve the multimodal aspect of the roadway • Decrease fuel consumption • Lessen pollution from vehicle exhaust produced while idling • Make this an attractive corridor 1 Packet Pg. 1011  Project to Widen US 98 Tang-O-Mar Drive to Airport Road Timeframe Design is scheduled to be complete by December of 2014, but construction of the project is currently unfunded. We have a short-term opportunity to lobby for funding as Senator Don Gaetz is serving his last year as Senate President next year. As the Senate goes into the 2014 Legislative Session in early March, we have the leadership in place for a short time that can help get this done for our communities. Our goal is to obtain funding for a fall 2015 construction start date for both sections of the project. Action Plan • Gather resolutions from municipal bodies and organizations (Will provide a template) – Immediate and ongoing • Gather letters of support from Walton and Destin Chamber members and other local businesses (Will provide a template) – Meeting with Chamber presidents, Boards and Governmental Affairs Committee ongoing • Meet with FDOT District 3 Secretary Tommy Barfield to discuss prioritization of the project and verify cost figures – Met January 6, 2014; FDOT is supportive of advancing the funding timeframe for this project. • Educate legislators around the state and the Governor’s office about the project – Mid- December - February • Provide public forums to educate community members and address concerns – February 13 and February 20 • Request a resolution supporting the project from the Okaloosa-Walton TPO Board – February 20, 2014, 3:00 p.m. at Destin City Hall Annex • Send all resolutions and letters of support to Senator Gaetz – Late February 2 Packet Pg. 1012  RESOLUTION: 2014-_______ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA, TO SUPPORT THE WIDENING OF US 98 WHEREAS, the widening of US 98 from 4 lanes to 6 lanes in limited portions of Okaloosa and Walton Counties is currently funded for design only. WHEREAS, no funding has been allocated to commence right-of-way acquisition or construction to widen the road and without funding the project cannot advance. WHEREAS, US 98 is a critical facility that is currently operating below the adopted level of service standard in certain segments and is in dire need of widening. WHEREAS, US 98 links military installations and a regional airport and is the main highway serving the gulf beaches and thus is critical to the economy of Florida WHEREAS, US 98 serves as the feeder road during the evacuation of the Gulf Coast and expansion of US 98 is needed to improve evacuation times during hurricane events. WHEREAS, portions of US 98 are designated on the State of Florida’s Strategic Intermodal System (SIS) and thus are to receive priority funding by the State for road improvements; and WHEREAS, US 98 increased capacity (6 lane widening) from the Okaloosa County line to Tang-O-Mar Drive is the Okaloosa – Walton TPO’s #1 SIS Project (FY 15-19 O-W TPO Annual Priorities, Table IV). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Okaloosa County, Florida, that: Packet Pg. 1013  1. The Florida Legislature and Florida Department of Transportation should prioritize the widening of US 98 by funding the right-of-way acquisition and construction dollars needed to widen US 98 from 4 lanes to 6 lanes for the portions of US 98 already in design phase. 2. The Florida Legislature should direct the Florida Department of Transportation to study US 98 in Escambia, Santa Rosa, Okaloosa, Walton and Bay Counties and identify where improvements are needed or will be needed in the near future and prioritize those improvements. DONE AND ADOPTED by the Board of County Commissioners of Okaloosa County, Florida, on this the 18th day of February 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA By: CHARLES K. WINDES, Jr., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT Packet Pg. 1014  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 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 January 7th & 21st 2014 Board of County Commission meeting are attached for review. Packet Pg. 1015 Packet Pg. 1016 Packet Pg. 1017 Packet Pg. 1018 Packet Pg. 1019 Packet Pg. 1020 Packet Pg. 1021 Packet Pg. 1022 Packet Pg. 1023 Packet Pg. 1024 Packet Pg. 1025 Packet Pg. 1026 Packet Pg. 1027 Packet Pg. 1028 Packet Pg. 1029 Packet Pg. 1030 Packet Pg. 1031 Packet Pg. 1032 Packet Pg. 1033 Packet Pg. 1034 Packet Pg. 1035 Packet Pg. 1036 Packet Pg. 1037 Packet Pg. 1038 Packet Pg. 1039 Packet Pg. 1040 Packet Pg. 1041  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Airport Leased Vehicle Proposals DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve the Airports Department request to re-advertise for vehicle lease quotes. BACKGROUND: On February 7, 2012, the Board approved a two year lease of 10 vehicles ( 5 trucks and 5 small passenger vehicles) to replace the Airport’s fleet which had an average age of over 10.83 years. That lease was awarded to Enterprise Fleet Management under the provisions of the rental car leases and will expire in June 2014. Since the contractual authority in the rental car leases was for two years, the Airport is requesting permission to advertise for new proposals. The requested number of vehicles has been reduced to nine (9) and includes five (5) American made hybrid sedans, three (3) 4x4 ¾ ton American made 4-door pickup trucks, and one (1) 4x2 4-door 1 ton American made pickup truck. The estimated annual cost including maintenance, registration and depreciation is about $46,527 or $430 a month based on the current agreement. Since the lease is an operating expense, the cost of these rentals is included in the Airports Department Operating Budget and in the airline rate base; and, therefore, recovered in substantial part through our airlines’ rates and charges calculations. If these vehicles were acquired as a capital expense, the cost would exceed $350,000 and the County would also incur maintenance expenses. These vehicles would not be eligible for federal or state financial assistance as a capital expense. OPTIONS: Approve, Disapprove, Table RECOMMENDATIONS: Staff recommends solicitation of proposals for two and three year alternatives for comparison and selection of the most cost effective solution. RECOMMENDED BY: APPROVED BY: Packet Pg. 1042 Ernie Padgett, County Administrator Packet Pg. 1043 Packet Pg. 1044  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Lionfish Resolution DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests Board approval of resolution supporting legislation to control population of lionfish in the Gulf of Mexico. RECOMMENDATION: Staff recommends approval of resolution. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1045  RESOLUTION NO. 14-_______ A RESOLUTION OF OKALOOSA COUNTY, FLORIDA, IN SUPPORT OF LEGISLATIVE ACTION THAT WILL LEAD TO CONTROL OF LIONFISH POPULATION IN THE GULF OF MEXICO WHEREAS the invasive lionfish have no natural predators in the waters off Florida, begin reproducing at under one year of age, release 2 million eggs per year and consume native fish at unsustainable rates; and WHEREAS in October 2013, 1,540 native fish were brought in by 1,192 fishermen during the 2013 Destin Rodeo and during that same time frame, 1,737 invasive lionfish were brought in during the Emerald Coast Reef Association Lionfish Tournament by 16 divers, Okaloosa County acknowledges that the lionfish is reproducing at an alarming rate, threatening the fishing industry; and WHEREAS critical stock rebuilding efforts for commercially and recreationally important species may soon be negatively impacted by the uncontrolled populations of lionfish eating future years fish stocks; and WHEREAS without immediate and aggressive lionfish population control measures, Okaloosa County will suffer economic losses to multiple industries including but not limited to: Tourism, Charter and Private Recreational Fishing, Commercial fishing, Boating Industry, Marina industry, Dive Industry, Bait and Tackle and Bank Loans and Insurance; and WHEREAS lionfish rarely bite fish hooks and the only effective method of population control, at this time, is spearing by scuba divers; and WHEREAS it has been scientifically proven that regular lionfish removal efforts are effective in improving native fish recruitment to insure the future health and sustainability of our native fish species and removing 1,000 lionfish removes up to 1 billion lionfish eggs thereby removing future breeding lionfish from the Gulf of Mexico; WHEREAS Okaloosa County’s Coastal economy depends on maintaining a healthy and sustainable fishery with access to fishermen , and beaches free of the threat of an invasive venomous fish harming our residents and tourists; NOW, THERFORE, BE IT RESOLVED, that the Okaloosa County Board of County Commissioners supports legislative action that will lead to implementation of a viable, aggressive, lionfish population control program that will successfully motivate scuba divers to remove lionfish aggressively year round, until a scientific solution can be found . Packet Pg. 1046  DULY PASSED AND ADOPTED this 18th day of February, 2014. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA CHARLES K. WINDES, JR., CHAIRMAN ATTEST: DON W. HOWARD CLERK OF THE CIRCUIT COURT Packet Pg. 1047  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Reimbursement Resolution DEPARTMENT: County Administrator BCC DISTRICT: All To ensure reimbursement for costs incurred as part of the planned construction projects; including the Shalimar and Sheriff's facility, as well as improvements to the Crestview County Courthouse; the Board must approve a reimbursement resolution. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1048  Resolution No. 14-__ A RESOLUTION OF OKALOOSA COUNTY, FLORIDA WITH RESPECT TO REIMBURSEMENT OF CERTAIN COSTS AND EXPENDITURES RELATING TO PUBLIC IMPROVEMENTS IN AND FOR OKALOOSA COUNTY, FLORIDA. WHEREAS, Okaloosa County, Florida (the "County") will incur various costs and expenditures relating to certain capital costs associated with improvements to County properties, including the Former Shalimar Courthouse Annex, the new Sheriff’s Administrative Building, and Crestview Courthouse; and WHEREAS, the County has determined it is in its best interest to reimburse such costs from proceeds of tax-exempt debt; and WHEREAS, the United States Department of Treasury has issued various regulations in regard to reimbursement of governmental costs through the issuance of tax-exempt debt; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: SECTION 1. It is the intent of the County to reimburse various costs and expenditures relating to the acquisition of certain capital costs associated with improvements to County properties, including the Former Shalimar Courthouse Annex, the new Sheriff’s Administrative Building, and Crestview Courthouse. The County reasonably anticipates that it will pay for such costs and expenditures from general revenues of the County. It is reasonably expected that reimbursement of such costs and expenditures shall come from the issuance of tax-exempt debt which is not expected to exceed $8,000,000 aggregate principal amount. It is currently the intention of the County to principally secure such tax-exempt debt by half-cent sales tax revenues of the County. The expenditures to be reimbursed shall be consistent with the County's budgetary and financial policy as being the type of expenditures which shall be paid on a long- term basis. SECTION 2. The County shall comply with all applicable law in regard to the public availability of records of official acts (i.e., adoption of this resolution) by public entities such as the County including making this resolution available to public inspection. SECTION 3. It is the intent of this resolution to meet the requirements of Treasury Regulations Section 1.150-2 and to be a declaration of official intent under such Section. SECTION 4. This resolution shall take effect immediately. Packet Pg. 1049  ADOPTED this 21st day of February, 2014. BOARD OF COMMISSIONERS OKALOOSA COUNTY, FLORIDA ________________________________ CHARLES K. WINDES, JR., CHAIRMAN ATTEST: _______________________________ DON W. HOWARD CLERK OF CIRCUIT COURT Packet Pg. 1050 From: Mustian, Mark To: Stewart, Greg; Rick Owen Cc: Mark Galvin Subject: RE: Reimbursement Resolution Date: Monday, January 27, 2014 1:50:05 PM Attachments: image001.png Reimbursement Resolution.1.doc Attached please find a draft reimbursement resolution. Please let me know if I have the proposed use of the dollars and the maximum amount correct. Thanks, Mark From: Stewart, Greg Sent: Thursday, January 23, 2014 3:53 PM To: 'Rick Owen' Cc: Mustian, Mark Subject: RE: Reimbursement Resolution Yes we can do that. It is somewhat of a routine resolution in the municipal finance circles. I will get it going. From: Rick Owen [mailto:rowen@co.okaloosa.fl.us] Sent: Thursday, January 23, 2014 3:52 PM To: Stewart, Greg Subject: FW: Reimbursement Resolution Greg, Can your office assist with getting a reimbursement resolution drawn up for the next BCC meeting (Feb 3)? Please let me know if you need further details. Thanks. Rick From: Donald Turner Sent: Friday, January 17, 2014 10:07 AM To: Ernie Padgett Cc: Rick Owen; John Hofstad Subject: Reimbursement Resolution Ernie, I spoke with Mark Galvin again and he recommends that the BCC pass a reimbursement resolution right away (next couple of meetings). That will allow the county to reimburse itself out of the bond or loan proceeds for any out-of-pocket expenses related to any of the projects for which the loan Packet Pg. 1051 or bond were gotten. He said Greg Stewart’s team could provide assistance with preparing the resolution to put before the Board. Sincerely, Don Donald L. Turner, Director Facilities Maintenance Office: (850) 689-5790 Fax: (850) 689-5630 “GO GREEN … WHEN GOING GREEN MAKES CENTS!” 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 e-mail communication, including your email address, may be subject to public disclosure and public record retention requirements. Packet Pg. 1052  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Baker Landfill - 2014 Semiannual Sampling and Reporting DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Professional services are required for compliance with Florida Department of Environmental Protection (FDEP) Permit/Certification #0075982-006-SF which addresses long term care of the Baker Landfill. Professional services are also required to comply with the FDEP Remedial Action Approval Order dated September 2, 2008. BACKGROUND: Baker Landfill has two FDEP regulated environmental interests - Long Term Care (LTC) and Corrective/Remedial Action. LTC is an FDEP permitted activity that requires monitoring of groundwater from a designated network of sampling locations. The County has been performing this compliance monitoring since the landfill was closed to land filling activities in 1998 and was permitted for LTC status in 2003. Since that time, the County has complied with the permit through sampling of the monitoring network. SCS Engineers has been contracted to perform these activities since 2007. The FDEP directed the County to initiate Corrective Actions in 1989 due to the detection of chemical constituents in the groundwater exceeding FDEP water quality standards. The FDEP approved the County’s Contamination Assessment Report in 1993 and the County began the design of a Remedial Action Plan in 1994. Several iterations of the Remedial Action Plan (RAP) were produced over the next few years and the FDEP approved the County’s remediation plans in 2002. The remedial action system became operational in 2004. Based on operational observations, the remediation system has been slightly modified from the original design since becoming operational. After two years of operation, the remediation system was shut down in September 2006 to address compromise of the liner system in one of the treatment ponds. The remediation system was not reactivated until August 2008. Due to lack of maintenance and down-time, the remediation system was not operating fully until May 2009. Current assessments of the operational characteristics of the system indicate that the system is not performing to design specifications for a variety of reasons. SCS Engineers has been contracted to monitor the remediation system based on the RAP and subsequent modifications since 2007. The most recent RAP Modification was approved by the FDEP in 2011 paving the way for substantial infrastructure changes completed in 2013 which will ultimately result in substantial reductions in the cost of restoration activities. Both Long Term Care Semi-Annual Compliance and Remedial Action Assessment monitoring are budgeted activities. The activities in this Task Order address services to be performed in FY2014. In order to meet LTC Permit and Remedial Action requirements, the LTC and RAP Mod requires two monitoring events for a fixed price of $ $99,300. Packet Pg. 1053 OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve the scope and fee with SCS Engineers for monitoring associated with Baker Landfill not to exceed $99,300. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1054 Packet Pg. 1055 Environmental Consultants 3298 Summit Boulevard 850 432-6211 and Contractors Suite 31-A FAX 850 432-6220 Pensacola, FL 32503 www.scsengineers.com January 13, 2014 File No. 090473213 Mr. Scott Henson Okaloosa County Public Works Department Environmental Services Division 1759 South Ferdon Blvd Crestview, FL 32536 Subject: Proposal to Perform 2014 Semi-Annual Compliance and Remedial Action Plan Modification Sampling and Reporting for the Baker Landfill Dear Scott: SCS Engineers (SCS) is pleased to provide Okaloosa County, Public Works Department, Environmental Services Division (County) with this proposal to perform the 2014 semi-annual compliance and remedial action sampling and reporting for the Baker Landfill. This proposal includes SCS’ services to continue ongoing semi-annual and annual compliance monitoring and reporting and continue remedial action sampling modified in accordance with the 2008 RAPMOD – 2011 Addendum (RAPMOD) prepared by SCS, dated August 1, 2011, and approved by the Florida Department of Environmental Protection (FDEP) on December 7, 2011. This proposal provides SCS’ scope of services, estimated fee, and schedule to perform the semi- annual compliance and RAPMOD sampling reporting. SCOPE OF SERVICES In accordance with the closure permit for Baker Landfill (Permit No. 0075982-004-SF), as modified April 19, 2010, and the RAPMOD approved by FDEP on December 7, 2011, semi- annual reports for compliance and remedial action sampling are due by May 1 and November 1 of each year. To meet this schedule and the reporting schedule associated with laboratory reporting established in Chapter 62-780, Florida Administrative Code (FAC), semi-annual sampling will be performed in February and August of 2014. SCS will use the services of RDH Environmental (RDH) for collection of samples and Pace Laboratories (Pace) for samples analysis. Details of the scope of services are summarized in the following tasks. Tasks 1 and 2 – February and August 2014 Sampling and Reporting The following describes the proposed semi-annual sampling events for 2014 which will include field sampling activities, water quality analyses, and reporting of findings. Task 1 will be for the February event and Task 2 will be for the August event. The following will be performed for each event. Packet Pg. 1056 Mr. Scott Henson January 13, 2014 Page 2 Water Quality Sampling Water quality sampling will include the collection of groundwater and leachate samples. When available, SCS will also collect surface water and seep samples. Groundwater sample collection will be performed for compliance and RAPMOD requirements. Field work, sampling methodologies, data evaluation, and data Quality Assurance/Quality Control (QA/QC) will be performed in accordance with Chapter 62-160, FAC, Standard Operating Procedures (DEP-SOP- 001/01) (SOPs) and the closure permit. Sampling requirements are listed in a comprehensive Table A-1, included in Attachment 1. Table A-1 assimilates the compliance sampling requirements listed in Sections H and K of the closure permit and the remedial action sampling requirements listed in Table 2 of the RAPMOD. Table A-1 lists the sampling schedule, sampling locations, and related water quality parameters for each monitoring location. Semi-annual sampling will be performed during February and August, with the August event including annual sampling of the leachate (L-2), and the Shue Well. As required by Chapter 62-701.510(9)(a), SCS will electronically notify the FDEP within 14 days prior to each scheduled sampling event. SCS also will coordinate with RDH and Pace to confirm sample bottles have been ordered and delivered and sampling is occurring as scheduled. Water level measurements will be collected from each monitoring well across the site prior to sample collection. During purging procedures, indicator parameters will be measured and recorded in the FDEP water sampling logs in accordance with the current FDEP SOPs and permit requirements. For Quality Assurance/Quality Control (QA/QC) purposes, SCS will collect the appropriate number of equipment blanks and duplicate samples in accordance with the FDEP SOPs and as indicated in Table A-1. Prior to the initiation of sample collection, field instruments will be calibrated according to factory instructions. Instrument calibrations will be documented on a field log and submitted to the County with the field sampling logs and laboratory analytical results. Static water levels in each required well will be obtained on the same day using an electronic water level indicator to the nearest 0.01 foot. During the collection of the static groundwater elevations, each monitoring well will be visually inspected. If any problems with the monitoring well are observed, SCS will immediately notify the County of the problem. Low-flow groundwater purging, and sample collection procedures will be followed in the field using a portable pneumatic bladder pump, where dedicated pumps are not present. For recovery wells, samples will be collected from the recovery pumps via sampling ports on the submersible pump drop-pipes. When recovery wells are not operating, samples will be collected from the annular monitoring wells. FDEP SOPs will be followed during all sampling activities. Sampling equipment will be decontaminated prior to all phases of purging and sample collection to reduce the potential for cross contamination between sample locations. Required Quality Assurance/Quality Control samples will be collected including duplicates, equipment blanks, and trip blanks. The August event will include the semi-annual sampling locations included in the Packet Pg. 1057 Mr. Scott Henson January 13, 2014 Page 3 February event with the addition of the annual sampling for the landfill leachate and sampling of the Shue (private) well. During the purging and sampling operations, the groundwater will be monitored for pH, dissolved oxygen, specific conductance, temperature, turbidity, oxidation reduction potential (ORP), colors, odors, and sheens (by observation), and ferrous iron for monitoring wells which have been selected for Monitoring Natural Attenuation (MNA). Monitoring of these parameters will provide an indication of stabilization of the groundwater quality prior to sample collection. These parameters will be recorded on the sampling log. Once the indicator values are stabilized and a sufficient volume purged from the well, sample collection will begin. After sample collection, the samples will be prepared, preserved as necessary, and shipped to Pace using industry standard chain-of-custody procedures. Laboratory Analysis, Review, Database Update Water quality analyses will be performed by Pace in accordance with Chapter 62-160, FAC DEP-SOP-001/01 and the closure permit. Pace is certified by the Florida Department of Health Environmental Laboratory Certification Program (DoH ELCP). Pace will perform analyses as listed in Table A-1 in standard turn-around times (approximately two calendar weeks) and provide an electronic report and data package deliverable to SCS. A Level II quality control data package will be included within the laboratory report for each sampling event. Upon receipt of the laboratory report and data package, SCS will perform a quality assurance/quality control (QA/QC) review. Reporting SCS will prepare tables, figures, and a written report for each semi-annual event conducted during 2014 reviewing the data from each event. The reports will include a section on results of compliance monitoring and results of remedial action monitoring. SCS will also include a section in the reports addressing the operation and maintenance of the monitoring and remediation system at Baker. In accordance with the RAPMOD, reports will include a discussion of the effectiveness of monitored natural attenuation. Conclusions and recommendations will be provided in each report regarding monitoring location compliance and the effectiveness of the remediation system. Task 3 - FDEP Request for Additional Information With the combining of both the Compliance and RAPMOD reports into a single report, there exists the possibility that the FDEP may request additional information following submittal of one or both of the semi-annual reports. Task 3 will include the response to one FDEP Request for Additional Information (RAI) for each of the 2014 semi-annual reports. While SCS strives to provide a comprehensive document for regulatory review, RAIs typically include the request for clarification of assessments and inclusion of other information, to include historical data, tables, and figures. Task 3 includes responding to one RAI for each semi-annual event and providing Packet Pg. 1058 Mr. Scott Henson January 13, 2014 Page 4 available additional information. This task does not include installation of additional wells, additional sampling, or the further analysis of data. DELIVERABLES Laboratory reports and data packages are anticipated to be received by SCS on or about March 1 and September 1. The report for each sampling event will be submitted to the County in draft format within approximately 20 calendar days following receipt of the laboratory report and data package with the request that the County provide its review and comments within approximately10 calendar days. The draft report will include a complete electronic copy of the report in pdf format with a separate copy of the text in .doc format for tracked-changes review revisions and comments by the County. SCS will make appropriate revisions to the draft report based on County input and prepare the final version for submission to the FDEP by the May 1 and November 1 deadlines. The final deliverables to the County following each of the two sampling events will include the following: • Semi-Annual report for the sampling event to include (hard copy) • One compact disk (CD) containing the following files: - Electronic files of the above indicated documents. - Water level measurement sheets, calibration records, and field sampling logs - Laboratory analytical reports. - Parameter Monitoring Reports in ADaPT format. SCS will submit an electronic file on compact disk and hard copy of each report on behalf of the County to the Northwest District and Tallahassee office of FDEP. The compact disk will contain the files as listed above. Packet Pg. 1059 Mr. Scott Henson January 13, 2014 Page 5 PROFESSIONAL SERVICE FEES AND INVOICING Task 1 – 2014 First Semi-Annual Sampling Event and Reporting Task 1 will include all activities discussed within the scope of work for the first semi-annual sampling event of 2014. The fee for this task is $43,700. This task fee also includes the time to establish the sampling schedules that conform to the regulatory requirements, establish appropriate purchase orders to secure RDH and Pace, and establish their sampling and laboratory schedules. Task 2 – 2014 Second Semi-Annual Sampling Event and Reporting Task 2 will include all activities discussed within the scope of work for the second semi-annual sampling event of 2014. The fee for this task is $45,700. This task cost also includes the additional annual sampling of L-2 and the Shue Well. Task 3 – FDEP RAI In the event that an RAI is received from the FDEP regarding the semi-annual event reports, SCS will utilize this task to respond to each request within the confines discussed within the scope of work for the RAI. The fee for this task is $7,100. This Task Order is proposed under agreement C14-2079-PW (effective date 10/03/13, expiration date 9/30/16). The proposed costs of services for Tasks 1-3 described in this Task Order are a lump sum of $96,500. SCS will invoice Okaloosa County monthly on a percent complete basis. Invoices will also be accompanied by progress reports, in accordance with the terms of the SCS’ Consulting Engineering Services Contract with Okaloosa County. Packet Pg. 1060 Mr. Scott Henson January 13, 2014 Page 6 SCHEDULE SCS will schedule the February sampling and related laboratory services upon authorization to proceed. Also, SCS will inform the FDEP of the planned February sampling event 14 days in advance. Upon receipt of a Task Order Authorization and assuming it is received in time, SCS will direct RDH and Pace to proceed with the planned February services. If the scope of services, schedule, and fees are acceptable, please provide your written authorization to proceed. SCS appreciates the opportunity to provide these services to Okaloosa County. Please contact us with any questions or comments regarding this proposal. Sincerely, Nicolas C. Howard Project Manager K. Mark Tumlin, MBA Vice President SCS ENGINEERS NCH/KMT: nch Attachments Packet Pg. 1061  Table A‐1. Sampling Schedule, Locations, & Parameters Baker Landfill, Okaloosa County, Florida Laboratory Parameters Collection Requirement Field Parameters Parameter Method Select Metals General Parameters Groups Low Level Mercury Portable Low Flow Alkalinity (CaCO3) Dissolved Oxygen Well Dedicated Pump Sp. Conductivity Location Ammonia, as N Type Temperature Ferrous Iron Bicarbonate Water Level Compliance Appendix II Appendix I Chlorides RAPMOD Turbidity Strotium Mercury Nitrates Sodium Boron BOD5 VOCs MNA Grab COD ORP Iron TDS pH Semi‐Annual (February, August) B‐1 CO • X X X X X X X X X X X X X X X X X X B‐2 X B‐3 • X X X X X X X X X X B‐4 • X X X X X X X X X X BCA‐1 CO • • X X X X X X X X X X X X X X X X X X BCA‐2 • X X X X X X X X X X X BCA‐4 • X X X X X X X X X X BCA‐5 • X X X X X X X X X X X BCA‐7 • X X X X X X X X X BCA‐8R • X X X X X X X X X BCA‐9 X BCA‐10 X BCA‐11 • X X X X X X X X X X BCA‐12 • X X X X X X X X X X X X X BCA‐13R • X X X X X X X X X X X BCA‐15 • X X X X X X X X X X BCA‐16 X BCA‐17 CO • X X X X X X X X X X X X X X X X X X BCA‐18 • X X X X X X X X X X BCA‐19 • X X X X X X X X X X BCA‐20 • X X X X X X X X X X BCA‐21R • X X X X X X X X X X X BCA‐23 • X X X X X X X X X X X BCA‐22 X BCA‐24 CO • X X X X X X X X X X X X X X X X X X BCA‐25 X BCA‐26 • X X X X X X X X X BCA‐27 • X X X X X X X X X X BCA‐28 • X X X X X X X X X X BCA‐29 • X X X X X X X X X X BCA‐30 X BCA‐33 X BCA‐34 X BCA‐35R • X X X X X X X X X X BCA‐36 X BCA‐37 X BCA‐38 X BCA‐39 X BCA‐40S • X X X X X X X X X X BCA‐40D • X X X X X X X X X X BCA‐41S X BCA‐42D • X X X X X X X X X X X BCA‐43D • X X X X X X X X X X BCA‐44D • X X X X X X X X X X BCA‐47S X BCA‐47D • X X X X X X X X X X BCA‐46D • X X X X X X X X X X MW‐1 BG • X X X X X X X X X X X X X X X X X X MW‐2 • X X X X X X X X X X X MW‐3 CO • X X X X X X X X X X X X X X X X X X MW‐4 DE • X X X X X X X X X X X X X X X X X X MW‐7 DE • X X X X X X X X X X X X X X X X X MW‐8 CO • X X X X X X X X X X X X X X X X X X MW‐10 CO • X X X X X X X X X X X X X X X X X X MW‐11R DE • X X X X X X X X X X X X X X X X X X MW‐12 X MW‐13 CO • X X X X X X X X X X X X X X X X X X MW‐14 CO • X X X X X X X X X X X X X X X X X X MW‐15 DE • X X X X X X X X X X X X X X X X X X MW‐16 CO • X X X X X X X X X X X X X X X X X X MW‐17 DE • X X X X X X X X X X X X X X X X X X Packet Pg. 1062  Table A‐1. Sampling Schedule, Locations, & Parameters Baker Landfill, Okaloosa County, Florida Laboratory Parameters Collection Requirement Field Parameters Parameter Method Select Metals General Parameters Groups Low Level Mercury Portable Low Flow Alkalinity (CaCO3) Dissolved Oxygen Well Dedicated Pump Sp. Conductivity Location Ammonia, as N Type Temperature Ferrous Iron Bicarbonate Water Level Compliance Appendix II Appendix I Chlorides RAPMOD Turbidity Strotium Mercury Nitrates Sodium Boron BOD5 VOCs MNA Grab COD ORP Iron TDS pH Semi‐Annual (February, August) continued RW‐1 • X X X X X X X X X X X RW‐2* • X X X X X X X X X X X RW‐2A X RW‐3 • X X X X X X X X X X X RW‐4 • X X X X X X X X X X X RW‐5* TPOC • X X X X X X X X X X X X X RW‐6* TPOC • X X X X X X X X X X X X X RW‐7* • X X X X X X X X X X RW‐8* • X X X X X X X X X X X RW‐9* • X X X X X X X X X X X RW‐10* • X X X X X X X X X X X Influent • X X X X X X X X X X Effluent • X X X X X X X X X X SW‐7 SW • X X X X X X X X X Seep‐6 SW • X X X X X X X X X Duplicate (BCA‐1) • X X X X X X X X X X X Duplicate (RW‐8) • X X X X Duplicate (BCA‐19) • X X X Duplicate (BCA‐12) • X X X X X Duplicate (SW (SW‐7)7) SW • X X X Trip Blank (x6) X Field Blank (x4) X X X X X X X X X X X Equipment Blank (x3) X X X X X X X X X X X Total Count 55 4 5 59 4 59 59 59 59 59 70 19 50 6 65 19 0 0 19 0 19 19 19 0 19 29 7 19 0 Annual (August) Shue Well (deep) • X X X X X X X X L‐2 Leachate • X X X X X X X X X X X X X X X X X X X X X Total Count 55 5 6 61 4 61 61 61 61 61 70 20 52 6 66 20 1 1 20 1 20 20 20 1 20 29 7 19 1 Notes: ‐ Analysis shall be performed using a Level II Quality Control Data Package * ‐ Wells should be sampled from observation point if pump is not present, otherwise wells should be sampled using dedicated pump • ‐ sampled per Requirement X ‐ parameter analyzed for per requirement Compliance ‐ references FDEP Permit Modification dated April 19, 2010 RAPMOD ‐ references FDEP Remedial Action Plan Modification Addendum dated December 7, 2011 Well Designations BG ‐ Background Well CO ‐ Compliance Well DE ‐ Detect Well SW ‐ Surface Water Laboratory Groupings & Abbreviations VOCs ‐ Volitile Organic Compounds (Method 8260B) MNA ‐ Monitoring Natural Attenuation Parameters (vinyl chloride, total organic carbon, ethane, ethene, chloride, and sulfate) Appendix I ‐ EPA Appendix I Parameters (Methods: 8260B; 8011; & Listed Metals) Appendix II ‐ EPA Appendix II Parameters ORP ‐ Oxydation Reduction Potential BOD5 ‐ Biological Oxygen Demand (5 day) COD ‐ Chemical Oxygen Demand TDS ‐ Total Dissolved Solids Packet Pg. 1063  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Vanderhoek SUBJECT: Polyengineering, Inc. Task Order 4 DEPARTMENT: Information Systems BCC DISTRICT: All STATEMENT OF ISSUE: The Board is requested to approve Polyengineering, Inc. Task Order 4 for professional engineering and design phase services for the Okaloosa County Fiber Optic project. This task order will provide for such services as, but not limited to, administration of existing contracts, development of future contracts, design, engineering, project cost analysis, permitting assistance, analysis of potential utility conflicts and assistance with specifications for procurement of infrastructure maintenance. BACKGROUND: The Board has worked with Polyengineering, Inc. in past efforts to obtain approval, easements and rights of entry onto military property for the Fiber Optic project. The Board has an existing general services contract with Polyengineering, Inc. The cost of services for Task Order 4 is estimated at current contracted labor rates with a not-to-exceed cost of $100,000.00. This task order has been through the Purchasing review process and funding is available in the Fiber Optic Telecommunications budget. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Request Board approval and authorize the Chairman to sign Task Order 4 with Polyengineering, Inc., for engineering and design services related to the Okaloosa County Fiber Optic project. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1064  TASK ORDER APPROVAL FORM CONTRACT # C13-2067-WS POLYENGINEERING, INC. CONTRACT #: CI3-2067-WS ENGINEERING CONSULTANT SERVICES MSA EXPIRES: 09/30/2016 TASK ORDER #: 1. TASK ORDER AMOUNT: $100,000 OFFERED BY CONSULTANT: Polyengineering, Inc. FIRM'S NAME Roy Petrey, P.E. " REPRE$ENTA~ ~~ VP - Florida Operations TITLE DATE RECOMMENDED FOR APPROVAL APPROVED BY OKALOOSA COUNTY (Department Director) (Per Purchasing Manual) • $25,000 or less approved by Purchasing Director • Between $25,00] and $50,000 approved by Purchasing Director and County Administrator • In excess of $50,000 approved by the Board. SIGNATURE PURCINGDIRECTOR OCIS Director TITLE DATE (' I / "' I h l/ DATE ~~ COUNTY ADMINISTRAT (If applicable) CHAIRMAN (if applicable) DATE DATE - Packet Pg. 1065  TASK ORDER 4- OKALOOSA COUNTY INFORMATION SYSTEMS GENERAL PROFESSIONAL ENGINEERING SERVICES C13·2607·WS TASK ORDER 4 THIS TASK ORDER IS ISSUED PURSUANT TO THE AGREEMENT FOR CONSULTING SERVICES DATED OCTOBER 1, 2013, BETWEEN THE COUNTY OF OKALOOSA COUNTY, FLORIDA AND POLYENGINEERING, INC., WHICH IS INCORPORATED HEREIN BY THIS REFERENCE, WITH RESPECT TO Scope of Basic Services for General Professional Engineering Services Article A. Purpose: The purpose of this Task Order is to authorize and direct CONSULTANT (Polyengineering, Inc.) to proceed with professional engineering services for assisting the Okaloosa County Information Systems Department (COUNTY) to provide general professional engineering services assistance. The activities that are included are described in Article B. Scope of Services." II Article B. Scope of Services: The general professional consultation services that CONSULTANT agrees to furnish include, but are not limited to, preparation of studies, reports, field work, and special services, etc., and that are applicable to the General Professional Engineering Services (Project), as requested by COUNTY's representative as described below: CONSULTANT will provide and perform general professional engineering and related services as authorized by COUNTY that consist of the appropriate items, as follows: • Attending meetings as requested by representatives of the COUNTY and provide general engineering assistance, consultation, and opinions. . • Developing schedules, plans, engineering analyses and evaluations to address issues with current infrastructure or new projects. • Providing assistance in identifying and acquiring grants and loans from federal agencies or other applicable sources of funding. • Assisting with permits with federal, state, and local government agency permits (fees to be provided by the COUNTY) and inquiries from regulatory agencies. • Assisting the COUNTY to develop conceptual level planning documents, preparing cost estimates and evaluating the feasibility of different alternatives. • Preparation of investigations or evaluations of existing infrastructure • Performing field investigations and construction observation. • Perform land surveys (boundary and/or topographic) including easement preparation for properties and/ or projects in support of on-going operations. 2 Packet Pg. 1066  TASK ORDER 4- OKAlOOSA COUNTY INFORMAllDN SYSTEMS GENERAl PROFESSIONAL ENGINEERING SERVICES • Developing presentations to the Board of COUNTY Commissioners, the general public, regulatory agencies, professional societies, or civic groups regarding projects or activities under taken or in consideration by the COUNTY. • Responding to general questions on engineering matters as requested by the COUNTY's designated representative including research into archival information of previous projects. Article C. Compensation Provisions: As compensation for providing the services described within this Task Order, COUNTY shall pay CONSULT ANT in accordance with Section 5 of the October 1, 2013, Agreement, based on the CONSULT ANT' s Per Diem Rates for the actual time worked on the Project, plus Direct Expense incurred for the Project. The budget ceiling for this Task Order is $100,000.00. Article D. Period of Service: The schedule for the Project within this Task Order is as follows: Authorization to Proceed February 4,2014 Article E. Authorized Representatives: The Authorized Representatives designated below are authorized to act with respect to this Task Order. Communications between the parties shall be through the Authorized Representatives: For CONSULTANT Vanderhoek Name: Roy Petrey, P.E. Vice President - Florida Operations i Address: Suite 402, Lewis Turner Boulevard Address: P.O. Box 841 Fort Walton Beach, FL 32547 Shalimar, FL 32579 Telephone: (850) 651-7572 Telephone: (850) 609-1100 ***** End ***** 3 Packet Pg. 1067  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Approve Purchase of Replacement Public Transit Vehicles: Two (2) 29’ Cutaway Buses for Fixed Route, DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Request approval to purchase nineteen (19) replacement cutaway buses from Transit Plus Inc. (Atlantic Beach, FL) using Florida State Contract #TRIPS-11-CA- TP for a total cost of $1,448,160 with existing grant funds from the Federal Transit Administration (FTA). BACKGROUND: All vehicles proposed to be replaced have surpassed their useful life criteria as governed by the Federal Transit Administration (FTA). The useful life criteria established by FTA for cutaways is four (4) years or 100,000 miles as stated in FTA Circular 5010.1D, an excerpt of which including the salient provisions is included as part of the attachment. The age and mileage of each vehicle proposed for replacement is provided in the attached Proposed Vehicle Replacement List. Due to their high mileage and age, the current fleet cannot sustain the demand of the fixed route service, which could lead to chronic interruptions of service or even shutting down operations when vehicles are unavailable while being repaired. This purchase is 100% FTA Grant funded. No local funds are required. The State contract is a competitively bid contract. Transit Plus has provided the majority of OCT’s vehicles in the past, and staff is pleased with the quality of the delivered product. The Okaloosa County Board of County Commissioners have previously approved and accepted FTA funds for the procurement of replacement transit vehicles. The approval of the vehicle purchase will fulfill the grant obligation. RECOMMENDATION: Staff recommends purchasing 19 Cutaway vehicles off the Florida State Contract and to initiate procurement of cutaway buses. RECOMMENDED BY: Packet Pg. 1068 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1069 Packet Pg. 1070 Packet Pg. 1071 Packet Pg. 1072 Packet Pg. 1073 Packet Pg. 1074 Packet Pg. 1075 Packet Pg. 1076 Packet Pg. 1077 Packet Pg. 1078 Packet Pg. 1079 Packet Pg. 1080 Packet Pg. 1081 Packet Pg. 1082 Packet Pg. 1083 Packet Pg. 1084 Packet Pg. 1085 Packet Pg. 1086 Packet Pg. 1087 Packet Pg. 1088 Packet Pg. 1089 Packet Pg. 1090  MAINTENANCE REPORT Other Light Duty Vehicles useful life met at 4 years or +100,000 miles Scheduled to be Replaced: Miles Repair Repair Minimum Mileage Driven Times Costs Age of Age Mileage Equip Year Description Nov 2013 FY13 FY13 FY13 Vehicle Surpassed Exceeded 0009 2007 BUS (CHAMPION) 23FT 16 PASS 160,002 24,774 13 $5,398 6 Yes Yes 0010 2007 BUS (CHAMPION) 23FT 16 PASS 168,115 20,207 23 $8,752 6 Yes Yes 0011 2007 BUS (CHAMPION) 23FT 16 PASS 294,133 30,896 14 $4,780 6 Yes Yes 0076 2007 BUS (CHAMPION) 23FT 16 PASS 151,586 29,918 13 $7,287 6 Yes Yes 0085 2009 BUS (CHAMPION) 23FT 102,729 25,241 11 $13,199 4 Yes Yes 0086 2008 BUS (CHAMPION) 23FT 179,495 33,399 16 $11,950 5 Yes Yes 0087 2008 BUS (CHAMPION) 23FT 192,459 28,169 22 $22,792 5 Yes Yes 0089 2008 BUS (CHAMPION) 23FT 156,395 25,958 17 $13,136 5 Yes Yes 0090 2008 BUS (CHAMPION) 23FT 124,177 22,902 13 $7,121 5 Yes Yes 0091 2008 BUS (CHAMPION) 23FT 181,881 33,978 15 $7,933 5 Yes Yes 0092 2008 BUS (CHAMPION) 23FT 196,884 34,042 12 $7,485 5 Yes Yes 0093 Paratransit 2008 BUS (CHAMPION) 23FT 126,861 31,666 13 $6,610 5 Yes Yes 0094 2008 BUS (CHAMPION) 23FT 132,955 21,557 16 $6,679 5 Yes Yes 0095 Paratransit 2008 BUS (CHAMPION) 23FT 168,311 30,201 12 $4,656 5 Yes Yes 0096 2008 BUS (CHAMPION) 23FT 134,858 19,546 15 $7,927 5 Yes Yes 0097 Paratransit 2008 BUS (CHAMPION) 23FT 157,733 34,913 23 $3,891 5 Yes Yes 0098 Paratransit 2008 BUS (CHAMPION) 23FT 164,820 18,379 18 $9,893 5 Yes Yes Medium Light Duty Vehicles useful life met at 5 years or +150,000 miles Scheduled to be Replaced: Miles Repair Repair Minimum Mileage Driven Times Costs Age of Age Mileage Equip Year Description Nov 2013 FY13 FY13 FY13 Vehicle Surpassed Exceeded 0003 2004 BUS (CHAMPION) 25 FT 17 PASS 160,387 11,698 17 $4,152 9 Yes Yes 0004 2004 BUS (CHAMPION) 25 FT 17 PASS 154,624 12,352 15 $3,062 9 Yes Yes Packet Pg. 1091  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Set Public Hearing for Transit Route 33 DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Discuss the setting of a public hearing regarding the possible termination of Transit Route 33. As provided by County's transit policies, it is necessary to hold a public hearing whenever significant changes to a transit route are considered. BACKGROUND: During its meeting of September 3, 2013, the Board of County Commissioners approved a motion to fund Transit Route 33 for 180 days, after which time if the City of Destin cannot assist with funding, Route 33 will be discontinued. March 29, 2014 is the 180th day for which the Board has provided funding. The cost to continue Route 33 for the remainder of the fiscal year is $38,000. As provided in the Okaloosa County Public Transit Fare and Route Modification Policy, the County must hold a public hearing to receive comments on proposed rate or route changes prior to adoption, followed by a 60 day period during which service will continue in order to give riders of the affected routes time to make alternate arrangements if necessary. If the hearing is conducted on March 18, the final day of service will be May 16. There are adequate grant funds (US 98 Corridor) to cover the cost of the 60 day period without local contribution. The Destin City Council is meeting to discuss the funding on February 18. It is anticipated that City staff will notify the County as soon as a decision is rendered. OPTIONS: The Board may set the public hearing, or not set the public hearing. If the City Council is able to provide the necessary funding, the public hearing will be cancelled. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners set a public hearing for March 18, 2014 to receive public comments regarding the termination of Transit Route 33, the hearing to be held at 9:00 AM or soon thereafter in the BCC Chambers located in the County Water and Sewer Building located at 1804 Lewis Turner Blvd in Ft Walton Beach. RECOMMENDED BY: Packet Pg. 1092 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1093  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Horizons Burning Up The Beaches Car Show DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Request approval of 2013 & 2014 Burning Up The Beaches car shows cablecast on Velocity channel. BACKGROUND: The previous Tourist Development Director, Dan O’Byrne, made a verbal commitment to L.A. Woodall to fund Horizons Foundation’s agreement with Masters Entertainment Group to produce a car show on location in Fort Walton Beach in 2013 and 2014. An invoice dated October 16, 2013 was received by then-interim TDD Director Rick Owen in early November 2013 for the 2013 show in the amount of $7500. A task order was approved for the 2013 show in January 2014, but payment cannot be processed since the task order was approved after the scope of work was completed. Further, the task order does not mention the additional $7500 in the Masters Entertainment Group agreement for the 2014 show. In addition, Mr. O’Byrne approved a Special Event and Sponsorship Funding Application for the Burning Up The Beaches event to be held in May 2014. The contract for direct sales call services as well as payment for such services and proof of attendance at shows will be required for reimbursement up to the approved amount of $9000. The Special Event and Sponsorship Expense Reimbursement Request and Special Event and Sponsorship Post-Event Report must be submitted no later than thirty days after the event to remain eligible for future year funding, if desired. Since approval of $15,000 for the two car shows was verbal and multiple funding sources are requested for the 2014 event ($7500 ad agency reimbursement for television show and $9000 special event funding for promotional activities), staff respectfully requests Board approval for these expenses in the interest of full disclosure and transparency. All reimbursements to Horizons will be made based on proof of payment for actual expenses incurred. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve 1) task order 127 for $7500 for 2013 car show, 2) task order issuance for $7500 for 2014 car show, 3) special event funding for $9000 for direct sales calls. RECOMMENDED BY: Packet Pg. 1094 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1095 Packet Pg. 1096 Packet Pg. 1097 Packet Pg. 1098 Packet Pg. 1099 Packet Pg. 1100 Packet Pg. 1101 Packet Pg. 1102 Packet Pg. 1103 Packet Pg. 1104 Packet Pg. 1105 Packet Pg. 1106 Packet Pg. 1107 Packet Pg. 1108 Packet Pg. 1109 Packet Pg. 1110 Packet Pg. 1111 Packet Pg. 1112 Packet Pg. 1113 Packet Pg. 1114 Packet Pg. 1115 Packet Pg. 1116 Packet Pg. 1117 Packet Pg. 1118 Packet Pg. 1119 Packet Pg. 1120 Packet Pg. 1121 Packet Pg. 1122 Packet Pg. 1123  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Approval of Peter Mayer Task Order 129 DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Request approval for task order 129, which includes a magazine back cover designed to target leisure travelers, specifically in the southeastern US. BACKGROUND: America’s Best Vacations is a magazine targeting leisure travelers in the southeastern US. For $25,000 the Emerald Coast will be featured on the back cover of the magazine issue to be distributed in April 2014, along with an editorial of 400-500 words and pictures within the magazine. The Board approved the Strategic Marketing Plan on November 5, 2013, which included a line item for “Co-Op Opportunities” in the amount of $285,000. The co-op program is being reevaluated due to low partner participation. Additional opportunities are being designed for partner review, and some of the funding is being reallocated to other marketing plan components to make a larger promotional impact for our area. A revised Strategic Marketing Plan will be presented to the TDC on February 27, with presentation to the Board anticipated on March 4. Task order 129 reflects the reallocation of funding from co-ops to leisure for this unanticipated opportunity. Given the time-sensitive nature of this opportunity, staff respectfully requests Board approval for this task order, which will be included in the revised Strategic Marketing Plan. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve task order 129. RECOMMENDED BY: APPROVED BY: Packet Pg. 1124 Ernie Padgett, County Administrator Packet Pg. 1125 Packet Pg. 1126 Packet Pg. 1127 Packet Pg. 1128 Packet Pg. 1129 Packet Pg. 1130 Packet Pg. 1131 Packet Pg. 1132 Packet Pg. 1133 Packet Pg. 1134  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Interlocal Agreement for Beach Rescue and Transport Services DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Request approval of an interlocal agreement with the Okaloosa Island Fire District in conjunction with funding half the purchase of a beach rescue truck. BACKGROUND: Enhancing the safety of beaches is an essential component of promoting the sub-county taxing district as a tourist destination, and the provision of beach rescue and transport services will promote safety and encourage enjoyment of the beaches. The interlocal agreement provides for a one-time payment of $24,726.17 to the fire district for the provision of beach rescue and transport services. There is no continuing obligation by the County to provide such funds in the future. The funds shall be used to pay for half the cost of purchasing a beach rescue vehicle, which will enhance the effectiveness of the services provided by the District and shall be the property of the District upon purchase. The Tourist Development Council recommended approval of the interlocal agreement at its December 12, 2013 meeting. The Okaloosa Island Fire District approved the interlocal agreement at its January 15, 2014 meeting. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve the Interlocal Agreement for Beach Rescue and Transport Services and one-time payment of $24,726.17 to fund half the cost of a beach rescue vehicle. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1135 Packet Pg. 1136 Packet Pg. 1137 Packet Pg. 1138 Packet Pg. Packet 5.a.a 1139 Pg. 42 Attachment: V A.pdf (2351 : Request consideration of Beach Response Vehicle Funding (similar to 1999 action)) Packet Pg. Packet 5.a.a 1140 Pg. 43 Attachment: V A.pdf (2351 : Request consideration of Beach Response Vehicle Funding (similar to 1999 action)) Packet Pg. Packet 5.a.a 1141 Pg. 44 Attachment: V A.pdf (2351 : Request consideration of Beach Response Vehicle Funding (similar to 1999 action)) Packet Pg. Packet 5.a.a 1142 Pg. 45 Attachment: V A.pdf (2351 : Request consideration of Beach Response Vehicle Funding (similar to 1999 action)) Packet Pg. Packet 5.a.a 1143 Pg. 46 Attachment: V A.pdf (2351 : Request consideration of Beach Response Vehicle Funding (similar to 1999 action)) Packet Pg. Packet 5.a.a 1144 Pg. 47 Attachment: V A.pdf (2351 : Request consideration of Beach Response Vehicle Funding (similar to 1999 action)) Packet Pg. Packet 5.a.a 1145 Pg. 48 Attachment: V A.pdf (2351 : Request consideration of Beach Response Vehicle Funding (similar to 1999 action)) Packet Pg. Packet 5.a.a 1146 Pg. 49 Attachment: V A.pdf (2351 : Request consideration of Beach Response Vehicle Funding (similar to 1999 action)) Packet Pg. Packet 5.a.a 1147 Pg. 50 Attachment: V A.pdf (2351 : Request consideration of Beach Response Vehicle Funding (similar to 1999 action)) Packet Pg. Packet 5.a.a 1148 Pg. 51 Attachment: V A.pdf (2351 : Request consideration of Beach Response Vehicle Funding (similar to 1999 action)) Packet Pg. Packet 5.a.a 1149 Pg. 52 Attachment: V A.pdf (2351 : Request consideration of Beach Response Vehicle Funding (similar to 1999 action))  - CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: Number: 07 ' IT Contractor/ Lessee Name:/ &I!k242— NO Purpose &'4A /2ac Date/Term:____________________________________ 1, GREATER THAN $50,000 Amount: 2. GREATER THAN $25,000 Department: 3.$25,000 OR LESS Dept, Monitor Name: c LtM?JE../ 7)t.4.11 _.i-c'I.-... Document has been reviewed and includes any attachments or exhibits. Purchasing Review Pro c nt r iremen Date: p urjreororsignee Risk Management Review Approved as written: Date: Risk anager or designee County Attorney Review *as rii t n: Date:____________________ County Attorney Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager Packet Pg. 1150 Packet Pg. 1151 Packet Pg. 1152 Packet Pg. 1153 Packet Pg. 1154 Packet Pg. 1155 Packet Pg. 1156 Packet Pg. 1157 Packet Pg. 1158 Packet Pg. 1159 Packet Pg. 1160 Packet Pg. 1161 Packet Pg. 1162 Packet Pg. 1163  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Approval of Peter Mayer Task Order 130 DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Request approval for task order 130 for a television show with travel writer Colleen Kelly designed to target leisure family travelers. BACKGROUND: The following promotional activities will be received for $30,000: a 30- minute show exclusive to the Emerald Coast, episode featured on home page for a month, a dedicated Emerald Coast, FL destination page with opportunity for updates, and expansive, integrated programming during location shoot and full month of original broadcast. The Board approved the Strategic Marketing Plan on November 5, 2013, which included a line item for “Co-Op Opportunities” in the amount of $285,000. The co-op program is being reevaluated due to low partner participation. Additional opportunities are being designed for partner review, and some of the funding is being reallocated to other marketing plan components to make a larger promotional impact for our area. A revised Strategic Marketing Plan will be presented to the TDC on February 27, with presentation to the Board anticipated on March 4. Task order 130 reflects the reallocation of funding from co-ops to leisure for this unanticipated opportunity. Given the time-sensitive nature of this opportunity, staff respectfully requests Board approval for this task order, which will be included in the revised Strategic Marketing Plan. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve task order 130. RECOMMENDED BY: APPROVED BY: Packet Pg. 1164 Ernie Padgett, County Administrator Packet Pg. 1165 Packet Pg. 1166 Packet Pg. 1167 Packet Pg. 1168 Packet Pg. 1169 Packet Pg. 1170 Packet Pg. 1171 Packet Pg. 1172 Packet Pg. 1173 Packet Pg. 1174  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Public Meeting Request - Newcastle Area Water System Improvements DEPARTMENT: Water and Sewer BCC DISTRICT: 2 STATEMENT OF ISSUE: In accordance with Chapter 255, Public Property and Publicly Owned Buildings, Florida State Statues (F.S), Section 255.20, Local bids and contracts for public construction works; specification of state-produced lumber, the BCC must hold a public meeting to discuss the County’s proposal to construct new water mains and install new fire hydrants to serve the Newcastle Community using Okaloosa County Water and Sewer Department (OCWS) staff and equipment. Specifically, the statute states that a County government may “self- perform” public works projects valued at greater than $300,000... “When the governing board of the local government, after public notice, conducts a public meeting under s. 286.011 and finds by a majority vote of the governing board that it is in the public's best interest to perform the project using its own services, employees, and equipment.” BACKGROUND: The proposed project will upgrade existing water lines from 2" to 6" in a predominantly low to moderate income (LMI) neighborhood in the Newcastle Community, which will facilitate the installation of new fire hydrants, increasing fire protection in the area. The project will include the installation of approximately 14 new fire hydrants, 10,500 L.F. of 6" water main (including 8" bores where necessary), 2,300 L.F. of existing parallel mains where services need to be switched over from the old mains, and all associated appurtenances. Funding for this project is supplemented by a CDBG Disaster Recovery Fund (DREF) appropriation made available through the Florida Department of Economic Opportunity in the amount of $252,923.30 and is scheduled to expire October 25th, 2014. Soft costs, such as surveying and design, will be completed by in-house staff and not included in the approved funding request. OCWS is proposing to self-perform the construction of the new water mains and installation of the new fire hydrants to serve the Newcastle Community. OCWS plans to construct the water mains and install the fire hydrants using OCWS staff and equipment to expedite completion of the project. OCWS estimates that using their own forces and equipment to construct the project will shorten the construction schedule and will reduce the project costs over contracting with an outside construction company. OCWS has estimated the design-build project to cost approximately $450,000.00. As stated in the attached Public Notice, a cost breakdown of the project can be viewed by the public at our office anytime between now and the Public Meeting. The cost includes material (with fringe/insurance), labor, equipment (with maintenance), and subcontracted work. Packet Pg. 1175 OCWS has reviewed the construction requirements for the project and has determined that they have the necessary qualifications, labor and available time to complete the project. As presented earlier, Section 255.20 F.S., Local bids and contracts for public construction works; specification of state-produced lumber includes specific requirements for County governments that choose to construct projects valued at greater than $300,000 using their own forces and equipment. OPTIONS: Approve or Deny. RECOMMENDATIONS: Staff requests BCC approval to advertise and hold a public meeting at the March 28, 2014 BCC meeting to discuss and to vote on approval for OCWS to self- perform construction on the new water mains and fire hydrants for the Newcastle Area Water System Improvements Project using OCWS staff and equipment. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1176  ROBE RTS BLV D F I M BLV D BOB SIK!ES BLVD EL G . G DIV ISION ST D ! . RE N BE AL EX T D LV G ! . NE COUNTRY CLUB AVE M ODDFELLOW RD B DG ER OO LY NN AV E RN NE ER S TU Y WI MARL BOROUGH RD RD D DR SCHNEIDER DR LE JAMES LEE RD DOYCE DR DO G ! . YCE DR W E LL CHULA VISTA BAYOU G ! GE ROLD ST . MEADOW LN NEW PORT DR UNION ST G G ! . TUX EDO DR ! . NE PO MAR WALT DR PINEV IE W BLV E VE RB ST BROOKS AV MARY AVE HAND COVE DONS BAYOU BAY OU HAW KINS RD VD NW RACE TRACK RD DR BL N BEAL PKW Y NE ED ST GIBSON RD JR RA GARNIER BAYOU ROY ST G NG D ! . KOON ST CE KI BOB SIKES BLVD TR G ! . R AC T HE ED ST K RD T LU CARMEL DR NAVY ST LL OY D S R T IN NEW CASTLE DR MA N W L O WE R Y LE WIS ST DR Y DR W MARLOWE DR PK REVE RE AVE NE WOODROW ST IE W . G G ! ! . OAKHILL AV E G ! . G ! . G N ! TRANSIT WAY OV ERBR OOK DR RIV E RS IDE DR . HV LI PEL HAM RD ALDEN DR SO UTH AV E EG MANRING DR AC Y N BE WATE R ST NW J ONQ FENWICK AVE W NE MANCHES TER RD PK ECHO CIR PINE ST CINCO BAYOU G NEW CASTLE DR! L IN ! . NW EL AINE AV E NW BE AL PKWY G ! . . G EG G ! . UIL AVE NW LOVE JOY RD NW SOTIR ST NE NW HILL AVE NW ANCHORS ST NW WRIGHT PKWY NW RE ADY AV E NE IRWIN AVE NW HOLMES BLVD NW RE ED PL D PAGE BACON RD NE HUGHES ST REV ERE DR YR VAL ENCIA DR BRIAN CIR BRYN AT HY N BLVD LAKE EARL G ! . G! . G ! . NW RR NE BEA JE G ! . FE T G ! . DR ROSS RD ANDERS ON DR NE E HOLLYWOOD BLVD NW HOLLY WOOD BLVD L PKW SE HOLLY WOOD BLV D SE CARS ON DR SPE NCER DR SPE NCER DR SW IVA SE BE AL PKWY E MIRACLE STRI PL G P PKW Y G ! . ! . G ! SW THIRD AV E . G ! . SW CO RY AV E Y POTOMAC ST SW M RAL D IRACL R E STR ST G ! . IP P K KS WY SE BROO SE P E R SP ENCE R CT SANTA ROSA SOUND THORNHIL L RD SANTA ROSA BLVD CHOCTAWHATCHEE BAY G WE BS TER . ST G MARLOWE DR ! . ! G ! . G ! . G ! . GULF OF MEXICO POCAHONTAS DR . Newcastle Water System Improvements Area MAP PROJECTION: Lambert Conformal Conic Projection Stateplane : Flo ida Nor th (0903) NAD 1983(90), NAVD 1988. G ! . ExistingHydrants Existing Water Lines StreetCenterlines EGLIN MARY ESTHER PUBLIC RECORD: This map was created by Okaloosa County GIS and is in the public domain pur uant to Chapter 119 , Florida Statutes. G ! . Proposed Hydrants Proposed Water Lines FT WALTON OCWS DISCLAIMER: Okaloosa County h reby expressly disclaims any liability for errors or omissions in \\gissv2\gisprojects\OCWS\MapDocs\NewcastleGrantArea.mxd, \\gissv2\gisprojects\OCWS\PDFdocs\NewcastleGrantArea.pdf, Analyst: Michael Olmstead, Date: 14 July 2011. these maps, indexes or legends. Packet Pg. 1177 Packet Pg. 1178 Packet Pg. 1179  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Northwest Florida Regional Airport-Police Station Contract DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve the Chairman to sign the contract for the construction of the Interior Terminal Modifications for Police Station at the Northwest Florida Regional Airport with Lord & Son Construction Inc. in the amount of $82,850. BACKGROUND: The Board of County Commissioners approved the construction contract award to Lord & Son Construction Inc. at the January 21, 2014 commission meeting. The project is funded from Passenger Facility Charges at 70% and Airport Reserves at 30%. OPTIONS: Approve, Reject or Table RECOMMENDATIONS: Approve the request for the Chairman to sign the contract to Lord & Son Construction Inc. In the amount of $82,850. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1180 Packet Pg. 1181 Packet Pg. 1182 Packet Pg. 1183 Packet Pg. 1184 The following reference is provided as a link for the following: BCC Meeting: February 18, 2014 Agenda Item: 2468 Agenda Item Title: Northwest Florida Regional Airport-Police Station Contract Reference Name: Reference Link: http://www.co.okaloosa.fl.us/conformed.pdf Packet Pg. 1185  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Hazardous Waste Services Contract Addendum #3 DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Subsequent to the award of Contract #C14-2099-PW with The Environmental Quality Company, materials were encountered for disposal from local residents, small businesses and recent cooperative collection events that are not included in the current contract. In order to compensate the vendor for the proper disposal of the received material, it is necessary to amend the contract to include the unanticipated items. BACKGROUND: When creating the bid documents and negotiating the subsequent contract, staff develops a list of anticipated hazardous materials to be received. However it is exceptionally difficult to compile a list of all potential disposal items. Because of that, the contract allows for the vendor to submit disposal prices for unanticipated materials for review and approval by the Board of County Commissioners. These submitted items can be incorporated as an addendum to the existing contract. Attached is the letter and price list from EQ-The Environmental Company (EQ) requesting to add items and materials to the price list in contract number C14-2099-PW. Staff has reviewed the materials list and finds the pricing to be competitive for collection and disposal for the materials listed. OPTIONS: Approve/Disapprove Addendum #3 to Contract C14-2099-PW for the disposal of hazardous materials. RECOMMENDATIONS: Approve Addendum #3 to Contract C14-2099-PW for the disposal of hazardous materials. RECOMMENDED BY: APPROVED BY: Packet Pg. 1186 Ernie Padgett, County Administrator Packet Pg. 1187 Packet Pg. 1188 Packet Pg. 1189  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: FWB Assistance Request - Baseball Field Clay 2014 DEPARTMENT: Public Works BCC DISTRICT: 2, 3, 4 STATEMENT OF ISSUE: The City of Fort Walton Beach has requested that Okaloosa County assist them by providing clay for their softball and baseball diamonds. BACKGROUND: The City of Fort Walton Beach is starting to repair their softball and baseball fields before the start of the season. They have requested that the county provide 10 truckloads of clay from Baker pit, which is consistent with similar requests from the City in past years. The city will transport the clay and the county will load the trucks at the pit. Public Works can accommodate this request. The total cost for clay is estimated at $600. OPTIONS: Approve/Disapprove. RECOMMENDATIONS: Recommend approval of the Public Works support request from the City of Fort Walton Beach. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1190  City of Fort Walton Beach America's Most Beautiful Beaches Recreation & Cultural Services 15Carson Dr SE, Fort Walton Beach, FL 32548 (850) 833-9576 – Direct line (850) 833-9670 – Fax www.fwb.org February 10, 2014 Jeff Peters Director 1804 Lewis Turner Blvd. Suite 400 Fort Walton Beach, Florida 32547 To whom it may concern The City of Fort Walton Beach would like to request 10 truck loads of Baker clay for the City softball and baseball diamonds, to be picked up by the City Crew. If possible, we would appreciate the County equipment loading the City truck that we would send for this clay on a date to be determined. The City appreciates the assistance the County has provided in the past with this matter and we hope to continue the great working relationship with the County. Thank you for your cooperation. Sincerely, Jeff Peters Director Recreation Department (850) 833-9576 Packet Pg. 1191  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Request to Extend Construction Requirement from Emerald Coast Wildlife Refuge DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: On December 5, 2012, the Board of County Commissioners entered into a lease (#L12-0396-PW) with the Emerald Coast Wildlife Refuge (ECWR) for a +/- 3.6 acre parcel of land located on Okaloosa Island. The term of the lease was for 20 years and conveyed the right to the ECWR to construct certain facilities associated with the care and rehabilitation of a variety of animals. The ECWR is petitioning the Board to extend a specific requirement contained in the lease. BACKGROUND: On January 28, 2014, staff received a letter from the Board President of the ECWR requesting BCC consideration for a 12-month extension to a lease requirement related to construction completion (letter attached). Section 26 of lease #L12-0396-PW related to Construction states that the Lessee agrees to commence construction within 120 days of receiving a Development Order and that construction shall be completed within a 2-year period from the date of execution of the lease. This provision would require completion of all construction by December 5, 2014. Due to delays associated with site access and utilities, the ECWR is requesting that the construction completion requirement be extended to December 5, 2015. The extension would grant the ECWR the time necessary to complete their proposed site plan and submit for a development order. Recently, the ECWR received an Impact 100 grant which allowed for the purchase of two structures to be installed as part of their initial development of the parcel. The ECWR is making significant strides in their effort to develop the leased parcel and staff has no objections to approving the request for a 12-month extension. OPTIONS: Approve/Disapprove the Emerald Coast Wildlife Refuge’s request for a 12-month extension to the lease provision requiring construction completion within a 2-year period. RECOMMENDATIONS: Staff requests Board approval to extend the terms of Section 26 of lease #L12-0396-PW for a 12-month period ending on December 5, 2015, as requested by the Emerald Coast Wildlife Refuge. Granting this extension will allow the ECWR sufficient time to secure necessary permits and construct a facility consistent with the terms of the previously referenced lease with Okaloosa County. Packet Pg. 1192 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1193 Packet Pg. 1194 Packet Pg. 1195  Page 1 of 2 From: Elliot Kampert Sent: Monday, February 10, 2014 1:28 PM To: John Hofstad Subject: RE: Extension Request John, Thank you for the opportunity to comment. Growth Management has no objection to the proposed extension. Please let me know if you have any questions. Elliot Elliot L. Kampert, AICP; Director Okaloosa County Growth Management Department 1804 Lewis Turner Blvd Suite 200 Ft Walton Beach, FL 32547 850-651-7180 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: John Hofstad Sent: Monday, February 10, 2014 1:22 PM To: Elliot Kampert Subject: FW: Extension Request Elliot, Please see below and the attachment from the ECWR. I’m happy to prepare this for Board action; however, I need something from you stating that GM is okay with the request to extend the deadline. If you can provide me an email confirming your department’s willingness to extend the deadline, I will attach the email to the agenda request. Thanks, John Hofstad Public Works Director Okaloosa County Public Works 1759 South Ferdon Blvd. Office (850) 423-4826 Fax (850) 689-5786 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: Matthew McGee [mailto:livinrightflorida@gmail.com] Sent: Tuesday, January 28, 2014 1:48 PM To: John Hofstad Subject: Extension Request file:///C:/Users/rosims/AppData/Local/Temp/MinuteTraq/OkaloosaCountyFL@OkaloosaC... Packet2/12/2014 Pg. 1196  Page 2 of 2 John, Here is the extension request for you. Again, thank you for the heads up. I will bring over the original copy to you tomorrow when it warms up a little, but I hope that this will suffice to get placed on your agenda. Thank you. -- Cheers, Matt McGee Broker Owner www.livinrightflorida.com President: Emerald Coast Wildlife Refuge file:///C:/Users/rosims/AppData/Local/Temp/MinuteTraq/OkaloosaCountyFL@OkaloosaC... Packet2/12/2014 Pg. 1197 Packet Pg. 1198  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Proposed in house Beach Cleaning DEPARTMENT: Public Works BCC DISTRICT: District 2 and District 5 STATEMENT OF ISSUE: Based on Board direction, staff has prepared a cost estimate outlining the anticipated needs with associated costs for providing continuous in-house beach cleaning services for Destin and Okaloosa Island beaches. Over the past several years, this service has been provided by an outside contractor secured through the competitive bidding process. BACKGROUND: Due to a series of bid protests, the Parks Division was tasked with removing trash from both Okaloosa Island and Destin beaches. Staff began removing trash from the beaches last October and has continued this task utilizing existing equipment and manpower. The service initially included emptying and removing accumulated trash and not deep-cleaning or raking of the beach area that was provided by the previous contractor. However this past December, the Board directed staff to secure beach cleaning equipment in order to provide this service. Starting in January of this year, Parks Division personnel began raking both beaches. The attached analysis provides a breakdown of the cost to perform in-house beach cleaning services and compares the cost to the most recent contract for outsourcing this same service. This analysis outlines the need for additional manpower as well as equipment that would be required to maintain service consistent with that which was provided by an outside vendor. The impact to the care and maintenance of other county park facilities due to the additional workload, at this point, has had been minimal. As the height of the tourist season nears, the impact will become much greater unless provisions are made for additional manpower. Staff has consulted with legal counsel and TDD bed tax monies can be utilized to support this activity. In consideration of this, no impacts to the County Parks budget of the Parks Division are anticipated. The costs for this service will be managed through budget transfers from the TDD to the Public Works Department on an annual basis as approved by the Board during the annual budget process. OPTIONS: Approve/disapprove the continued in house beach cleaning services. RECOMMENDATIONS: Based on the anticipated annual cost savings, staff requests Board consideration to forego future outsourcing of beach cleaning operations on Okaloosa Island and the Destin beaches in favor of performing this work with in-house resources. If approved, staff further requests Board consideration to add the necessary personnel and equipment to perform this operation. Packet Pg. 1199 RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1200 Packet Pg. 1201 Packet Pg. 1202 Packet Pg. 1203 Packet Pg. 1204 Packet Pg. 1205 Packet Pg. 1206 Packet Pg. 1207  Okaloosa County Public Works State of Florida Parks Beach Cleaning Estimates 2/4/14 Labor: 2-Parks Groundskeepers $9.41/hr $19,573 57.39% benefits $ 61,611 2-Temp positions – 7mths $15.49/hr 1120 hrs no benefits $ 34,698 Total Labor $ 96,309 Disposal: *Garbage disposal tip fees (estimated/see note) $13,000 Equipment: 2-Sand Rakers 600HD 7’ path @ $51,200 ea =$102,400 or 1- refurbished 600HD @$39,000 or 2- 400HD 6’ path @ $37,600 ea 1 – 16’ utility, dual axle trail new @ $3,000 1 – 4 wheel drive tractor new @ $40,000 1 – 4x4 short wheel base truck new @ $24,000 Garbage cans @ $67.00 ea (replacement) @ $ 3,000 Bags 44 gal, 9mil (100 to box) @.30 ea @ $ 5,000 Total Equipment $177,400 Costs 1st year equipment costs $177,400 1st year disposal $13,000 1st year labor costs $ 96,309 Total 1st estimated year costs $286,709 Fuel (Per Existing Contract) Okaloosa Island 1 sifter pass = 3.1 miles From water line to 10’ from toe of dune = 6 sifter passes Travel to and from beach area = .5 mile Total miles for Island Sifting = 19 miles x 1.7 gallons fuel @ $3.30 per gal = $106.59/day. Per contract, cleaning days: Oct 1 – Feb 28 = 66 days (3 days/ week) = $106.59 /day x 66 days = $7,034.94 March 1- April 30 = 43 days (5 days/week) = $106.59/day x 43 days = $4,583.37 May 1 – Sept 30 = 132 days (6 days/week) = $106.59/day x 132 days = $14,069.88 Total estimated fuel costs for Okaloosa Island $25,688.19 1759 S. Ferdon Blvd, Crestview, FL 32536 Office (850) 689-5770 Fax (850) 689-5715 Packet Pg. 1208 Destin Beaches 1 sifter pass = 6.64 miles From water line to 10’ from toe of dune = 6 sifter passes Travel to and from beach area = 3 miles Total miles for Island Sifting = 43 miles x 1.7 gallons fuel @ $3.30 per gal. = $241.23/day Per contract, cleaning days: Oct 1 – Feb 28 = 66 days (3 days/ week) = $241.23/day x 66 days = $15,921.18 March 1- April 30 = 43 days (5 days/week) = $241.23/day x 43 days = $10,372.89 May 1 – Sept 30 = 132 days (6 days/week) = $241.23/day x 132 days = $31,842.36 Total estimated fuel costs for Destin $58,136.43 Total fuel costs for Destin and Okaloosa Island $25,688.19 $58,136.43 $83,824.62 Total Labor, Equipment & Disposal $286,709 Total Fuel Costs $ 83,824.62 Total In-House Costs $370,533.62 FY 13 Beach Cleaning Contract: Destin $241,180 Okaloosa Island $178,095 Total contract $419,275 *Garbage disposal tip fees (estimated / see note) +$ 13,000 Estimated costs of FY13 contract with tip fees $ 432,275 Contract Costs $432,275 In-House Costs -$370,533.62 Estimated 1st year savings $ 61,741.38 Estimated yearly savings after 1st year $ 231,141.38 There are 6.5 miles of beach in Destin and 3.1 miles of beach on Okaloosa Island. There are a total of 139 garbage cans in Destin and 74 on Okaloosa Island, for a total of 213 cans. We have estimated emptying an average of 50 garbage bags each day per year, and replacing approximately 20% of the garbage cans each year. 1759 S. Ferdon Blvd, Crestview, FL 32536 Office (850) 689-5770 Fax (850) 689-5786 Packet Pg. 1209 This proposal would provide 2 ea. – 2 person crews (1 on Okaloosa Island and 1 in Destin). The temporary positions will be utilized for 7 months each year beginning in late March and ending early October. The two new Parks Groundskeepers, in addition to collecting and removing the trash, can be used to remove beach chairs and umbrellas from the Island Beaches (spring & summer) each morning. In the Winter/off season months, they can work in Tourist Related, County Beach Parks. A used County Parks Tractor will be utilized on Okaloosa Island to pull the sand rake. In addition a proposal to purchase a new tractor is included in the costs above. The new tractor would be used in Destin. By having two tractors and two rakes, the mobilization of one unit from one location to the other will be eliminated. If Parks is designated to continue the beach cleaning, we would ask that we be allowed to park the tractor and rake used on the Destin Beaches at the Destin Airport. The one used on the Island would be parked at the Old Fire Station on the Island. The estimated costs do not include equipment maintenance costs. Miscellaneous employee costs (work boots, safety equipment, hand tools, work shirts, etc.) are estimated at an additional $2,000 per year. The temporary positions will be provided from a Temporary Work Provider Agency. *The tip fees are an additional cost that began in October 2013. Trash collected prior to October was taken to the transfer station where it was separated by Waste Management and then recycled at no cost. This process is no longer in effect, and all beach trash is subject to the tipping fee. 1759 S. Ferdon Blvd, Crestview, FL 32536 Office (850) 689-5770 Fax (850) 689-5786 Packet Pg. 1210  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Lease Renewal - Elder Services at the old FWB Hospital DEPARTMENT: Facility Maintenance BCC DISTRICT: All STATEMENT OF ISSUE: Request Board consideration to renew the lease with Elder Services for the space currently leased to them in the old Ft. Walton Beach hospital for a five year term. BACKGROUND: On March 20th, 2012, the BCC leased to Elder Services approximately 6700 sq. ft. in the old Ft. Walton Beach hospital for the sum of $1.00 per year to be used for their administrative operations, the Meal-on-Wheels program, and certain other services. The current lease will expire on March 19th, 2014 unless a new term is granted. The Governing Board of Elder Services requests the BCC to consider granting a longer extension to the lease with the preference being for a ten (10) year term. The request for a longer term is made because Elder Services must invest several thousand dollars into making some repairs to some of the kitchen equipment. This equipment is necessary to support the Meals-on-Wheels program. However, they would like to be assured of their continued use of the space before expending the funds on the repairs. RECOMMENDATIONS: Request Board consideration to renew the lease with Elder Services for the space currently leased to them in the old Ft. Walton Beach hospital for a five year term or other such term as the Board shall choose. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1211 Packet Pg. 1212 Packet Pg. 1213 Packet Pg. 1214 Packet Pg. 1215 Packet Pg. 1216 Packet Pg. 1217 Packet Pg. 1218 Packet Pg. 1219  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: SO Building Designer Selection DEPARTMENT: Facility Maintenance BCC DISTRICT: All STATEMENT OF ISSUE: Request Board authorization to enter negotiations with the top ranked design firm that submitted proposals on the Sheriff's new Shalimar building. BACKGROUND: The members of the Selection Committee met with representatives of the county Purchasing Department to deliver their individual rankings for all of the design firms that submitted proposals to design the new Sheriff's Shalimar building. (Results attached.) The scores were tabulated and the firms ranked with the top point-getting firm being #1 and the next highest point-getting firm being ranked #2, and so on. DAG ranked as the top firm from among the proposers. County policy mandates, with BCC approval, that the county enter into negotiations with the top firm first. If negotiations with that firm are unsuccessful then the county enters into negotiations with the #2 firm and so on with the number #3 ranked firm. RECOMMENDATIONS: Staff recommends that the Board authorize negotiations with the top ranked design firm that submitted proposals on the Sheriff's new Shalimar building and continue negotiations according to county policy as needed. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1220  -I L --' o o = cl 0 (D c_I 0 o = 3 a a-' P a a: a C m - 0 c - C 5 (D CL (D -I- z 0• a -' (D 0 0 3 (D ._s -9 a. G) 03 03 0) Ui 0 (D> 0 — UI UI 0 — o a -I. m UI .-. —I •0 03 '0 03 0' 03 0 Ui (D 0 0) 0' 0) D 03 •-1 O. C,) C,) 0 UI (. — I C) Za rn D D 000 It: ni . - . —I 0 - F' '0 '0 0' 03 '-1 C) UI 00 o — 0. . C) (D UI mm 0' - z UIC) 0 a 03 m o '0 — -.1 0 03 () 03 cx OD (D UI - 0) 03 '4 '0 03 - CA) -n CA) 0- Ui Ui 03 -4 Ui — (D (a D C) 0. 0' Ui 03 -9 0 '0 '-1 (ii .0 Ui = 0 0 UI Packet Pg. 1221  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 18, 2014 TO: Honorable Chairman and Members of the Board FROM: Kay Godwin SUBJECT: County Attorney Recruitment Update DEPARTMENT: Human Resources BCC DISTRICT: STATEMENT OF ISSUE: Update and request guidance on the status of the County Attorney recruitment process. BACKGROUND: The current County Attorney submitted his resignation to be effective July 1, 2014. The county has concurrently accepted employment applications from individuals and proposals from firms. A screening committee was appointed by the Board to review the proposals and applications. Committee members are Commissioner Nathan Boyles, County Attorney Ernie Padgett, Human Resources Director Kay Godwin, and Okaloosa Bar Association President Brad Stewart. The Board requested the committee do preliminary interviews of the applicants, and short list the talent pool for consideration by the Board. The screening committee short-listed to ten applicants, and conducted 8 telephone interviews on February 5 & 6 (one withdrew and one was unavailable). Further, the committee has reviewed all apparently qualified candidates who had applied through February 5, 2014. The committee also reviewed letters of interest and proposals from three private law firms who could provide the County Attorney services through a “hybrid firm approach.” Those firms and their primary designee for County Attorney are: Greg Stewart, Nabors, Giblin & Nickerson, P.A.; Mike Chesser, Chesser & Barr P.A.; Dawn E. Stuntz, Matthews & Jones, L.L.P. OPTIONS: If the commission desires, the committee could recommend two finalists from the applicant pool for personal interviews. Upon evaluation of the applicants and the firm approach, the board may want to consider going with the firm approach on an interim basis, or for an indefinite period of time. RECOMMENDATIONS: At the pleasure of the Board, interview candidates and firms; request a recommendation from the committee; provide other guidance as desired. RECOMMENDED BY: Packet Pg. 1222 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 1223