Okaloosa County BOCC — February 18, 2014 — reading text

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.