Okaloosa County BOCC — June 17, 2014

Agenda Okaloosa County Board of Commissioners Tuesday, June 17, 2014– 8:30 AM Water & Sewer Administration Building I. Employee Awards 1. Presentation of 2014 Line Supervisor of the Year State Award to 911 Communications Officer Jose Perez, Jr. pg. 5 II. Public Information Update 1. Public Information Update pg. 6 III. County Administrator's Update IV. Commissioner's Minute V. Public Comments Related to Current Agenda VI. Public Hearing 1. Request public comment to Exchange Property and Vacate R/W pg. 15 2. Request public comment to vacate a portion of 7th Ave and 5th St Port Dixie pg. 42 3. Request public comment & consideration concerning the Sylvania Heights MSBU Assessment Rate Change. pg. 54 VII. Visitor 1. Linda Sumblin, Executive Director, CareerSource Okaloosa Walton, to present the Workforce Development Board's 2014-2015 budget. pg. 58 2. ORAC Chairman to provide Board with a committee update and presentation. pg. 64 VIII. Consent Agenda 1. [AP] Request approval of Lease Assignment to DTG Operations, Inc. d/b/a Dollar/Thrifty Car Rental. pg. 75 2. [AP] Request approval of Michael Baker's Lease for Office Space. pg. 144 Revised: 6/13/2014 10:30 AM Page 1 of 4 Regular Meeting (South) Agenda June 17, 2014 3. [AP] Request approval of C&S Operations, Inc. Que Centre Group Outstanding Invoice. pg. 153 4. [CAO] Approval of Budget Resolutions & Transfers. pg. 155 5. [CAO] Request approval of minutes for the May 6th & May 20th 2014 BCC Regular Meeting. pg. 165 6. [CAO] Request approval of and authorize the Chairman to execute a Certification of Local Government Approval form for the Catholic Charities of Northwest Florida homeless prevention activities. District: All. pg. 205 7. [FM] Requests BCC approval of funding for the Steel Package for the new Okaloosa County Administration Building. Dist: all. pg. 208 8. [GM] FTA DBE Program Goal. pg. 210 9. [IS] Request approval of InDyne, Inc. Quote #004/PO #E144032 in the amount of $619,768.00. pg. 277 10. [IS] Request Board approval of payment of CSX Transportation invoices for permit related flagman and inspector services. pg. 282 11. [IS] Request approval to enter into RFQ #IS 02-14 contract negotiations. pg. 295 12. [Non BCC] The State Attorney's Office requests a transfer of reserve funds to Operating Supplies & Contractual Service account. District: All. pg. 297 13. [PS] Request approval for direct payment of the outstanding FirstWatch annual support and maintenance invoice for a total of $2,696.36. pg. 300 14. [PUR] Seeking Approval to Negotiate a Contract with AVCON for Construction Administration for Aircraft Rescue & Fire Fighting (ARFF) Station. pg. 303 15. [PUR] Seeking Approval for Court Admin to pay invoices for services provided by State Attorney. pg. 329 16. [PUR] Requesting approval for the Chairman to sign the contract with Pinnacle Data Services LLC for Utility Billing Outsourcing for Water & Sewer. pg. 336 17. [PUR] Seeking Board approval to renew Contract with Warren Averett. (C10-1809- FIN). pg. 342 18. [PUR] Board Approval of Amendment1 and 2 of Sprint Contract (C06-1382-PUR). pg. 344 19. [PUR] Seeking Approval to Auction Surplus Items. pg. 351 20. [PW] Request approval of a new application submitted by Lazy Days Beach Rentals, Inc. for a Qualified Beach Vendor Beach Vehicle Permit for the calendar year 2014. District: 2. pg. 355 Okaloosa County Board of Commissioners Page 2 Printed 6/13/2014 Regular Meeting (South) Agenda June 17, 2014 21. [PW] Request approval of a renewal application submitted by Craig's Video, Photography, & Destin FL Beach Weddings for a Qualified Beach Vendor Certificate for calendar year 2014. pg. 357 22. [PW] Request approval of a renewal application submitted by Island Sands Beach Service of NW FL for a Qualified Beach Vendor Certificate and QBV Beach Vehicle Permit for the calendar year 2014. District: 2. pg. 359 23. [PW] Request to schedule a Public Hearing to vacate a portion of Bullock Blvd. pg. 362 24. [TDD] Request approval of final payment for contract C06-1315-TDD, Securitas Security Services, in the amount of $288.00 for ECCC event security. pg. 374 25. [TDD] Request approval of payment in the amount of $800 for Bayview Plaza Logo Creation. pg. 386 26. [WS] Request approval of and authorize the Chairman to execute Bill Smith Electric Inc. Change Order No. 1. pg. 388 IX. Department Business A. Jeff Littrell/Water & Sewer 1. Request approval to Award RFQ #WS 37-14 for an Engineering Consultant for the Arbennie Pritchett WRF Expansion Project and to execute a contract with the Engineering Consultant. Request approval to initiate the bidding process to obtain a Design/Build Team via a Request for Qualifications (RFQ), and approval of a suggested Review Committee. District: All. pg. 390 2. Request approval of Skyetech Lease Renewal - Unit E. pg. 427 3. Request Approval of Office of Criminal Conflict Lease Renewal. pg. 444 B. Elliot Kampert/Growth Management 1. Request signature for FY 2014-2015 SHIP Certifications. pg. 462 2. CTD Trip and Equipment Grant FY15. pg. 467 3. Request approval of Ozean Resort - Ozean Mixed Use Development. pg. 500 C. Ed Schroeder/Tourist Development Okaloosa County Board of Commissioners Page 3 Printed 6/13/2014 Regular Meeting (South) Agenda June 17, 2014 1. Request approval of final payment for contract C14-2150-CAO, Sandman LLC, in the amount of $46,674.08 for emergency beach cleaning services. pg. 510 2. Request approval for payment in advance for VisitFlorida Welcome Center brochure and transparency advertising in the amount of $2,385.50. pg. 530 D. Donald Turner/Facility Maintenance 1. Requests BCC Direction Regarding the Scope and Design of the Proposed Okaloosa County Administration Building. Dist: all. pg. 537 2. Requests BCC approval of a Change Order to the D-B Contract with Lord & Son to add the Demolition of the Buildings to be Razed. Dist: all. pg. 538 E. John Hofstad/Public Works 1. Request approval for the Chairman to execute the Certification form for the Submerged Lands Lease Annual Wet Slip Report and Gross Income Reporting for the Okaloosa Island Pier for 2013 - 2014. District: 2. pg. 551 F. Kay Godwin/Risk Management 1. Florida Blue Renewal. pg. 557 X. New Business 1. Request Board appointments to the Value Adjustment Board. District: All. pg. 580 XI. Public Comments Okaloosa County adheres to the Americans with Disabilities Act and will make reasonable accommodations for access to this meeting upon request. Please call the County Administrator’s Office at (850) 651-7515 to make a request. For Hearing Impaired, Dial 1-800-955-8771 (TDD), and 1-800-955-8770 (Voice). Requests must be received at least 48 hours in advance of the meeting in order for Okaloosa County to provide the requested service. Okaloosa County Board of Commissioners Page 4 Printed 6/13/2014  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Kathy Newby SUBJECT: State Award to 911 Communications Officer DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Presentation of Florida Chapter of the Association of Public-Safety Communications Officers (APCO) as the 2014 Line Supervisor of the Year (state award) to Jose Perez, Jr. BACKGROUND: Jose Perez, Jr. was selected by the Florida Chapter of the Association of Public-Safety Communications Officers (APCO) as the 2014 Line Supervisor of the Year. The Florida Chapter of APCO presents awards to public safety communications personnel who have demonstrated the highest levels of professional conduct and performance in the line of duty. He was nominated for the award based on his work ethic and skilled ability as a communications shift supervisor. Jose received his award at the Florida APCO Spring Conference held in Orlando last month. In addition to the award, he also received free conference registration and hotel accommodations for the conference and training sessions. The Department of Public Safety is proud of Jose and all of the 911 operators and dispatchers for their continued dedicated service to the citizens and visitors of Okaloosa County. RECOMMENDATIONS: None, information/recognition only. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 5  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Kathy Newby, Public Information Officer SUBJECT: Public Information Officer Presentation The Public Information Officer's PowerPoint presentation is attached. Packet Pg. 6  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 11, 2014 TO: Honorable Chairman and Members of the Board FROM: Kathy Newby, Public Information Officer (PIO) SUBJECT: Public Information Update BCC DISTRICT: ALL -------------------------------------------------------------------------------------------------------------- Public Information Update Attached. Packet Pg. 7  www.okaloosafl.com Please silence all pagers & cell phones for Board of County Commission Meeting. All visitors must speak into microphone for live broadcast & give name & address. Packet Pg. 8  Disaster Recover Center Update • Okaloosa Registrations: 1,088 (DRC Visits to date: 415) Florida Panhandle survivors who have already registered are urged to stay in touch with FEMA. • If survivors change their addresses, telephone numbers, bank accounts or insurance information, it is important that they update that information with FEMA. – Without accurate contact information on file, applicants could miss important correspondence or telephone calls. – Without accurate banking information, eligible survivors could miss disaster assistance grants that are sent through direct deposit. • Applicants should not be discouraged if they receive a letter indicating they are ineligible. FEMA may simply need additional information or documentation. • Those who need to update their contact information or have questions about a letter they receive can call the toll-free FEMA helpline at 800-621-3362 or TTY 800- 462-7585, or they can visit a disaster recovery center. To find the nearest center, go to FEMA.gov/DRCLocator. Packet Pg. 9  July 7 Deadline to Apply for SBA Loan Deadline economic injury loans Feb.6, 2015 • Loan applications can be downloaded at www.sba.gov/disaster or accessed on a secure website at https://disasterloan.sba.gov/ela. For loan information, call the SBA Customer Service line at 800-659-2955 or email disastercustomerservice@sba.gov. Deaf or hard of hearing may call 800-877-8339. Completed applications should be mailed to: • U.S. Small Business Administration • Processing and Distribution Center • 14925 Kingsport Road, • Fort Worth, TX 76155 Packet Pg. 10  WRIGHT ELEMENTARY SCHOOL GETS RECYCLING CONTAINERS THROUGH SOUTHEAST RURAL COMMUNITY ASSISTANCE PROJECT GRANT The goal is to help Okaloosa County increase recycling efforts to reach state goal of 75 percent by the year 2020. Packet Pg. 11 Bayview Plaza & Veterans Park Ribbon Cutting June 9, 2014 Packet Pg. 12 Packet Pg. 13 Packet Pg. 14  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Public Hearing:Exchange of Property/Vacating County R/W DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: The County has paved dedicated right-of-way in the Bayview Subdivision being adjacent to Lots 6 and 7, Block 10 and a portion of Lot 9, Block 10 Bayview Subdivision. (Plat Book 1, Page 26 Official Records of Okaloosa County) BACKGROUND: Timothy W. And Sharon L. Smith own Lots 6 and 7, Block 10 and a portion of Lot 9, Block 10 which front on opposite sides of the alleyway through Block 10 of said subdivision, a right-of-way dedicated to Okaloosa County. Property owners, through their agent John S. Mead of the Mead Law Firm, is petitioning the Board of County Commissioners of Okaloosa County, Florida, to deed a portion of Lot 9, Block 10 of Bayview Subdivision (described in Attachment A as "Parcel B") to the County in exchange for a portion of the County's right-of-way adjacent to Lots 6 and 7, Block 10 Bayview Subdivision (described in Attachment A as "Parcel A"). Subject properties are equal in square footage, more or less, and are depicted on the attached boundary survey of the Smith's parcels. The paved portion of the alley that exists outside the right-of-way has been in place for many years. The proposed exchange will place the entire pavement surface within the right of way and cure an encroachment on to the Smith's property. OPTIONS: Approve/Disapprove the vacation and exchange of right-of-way. RECOMMENDATIONS: Approve the request to vacate right-of-way and exchange equal square footage to remove encroachment of paved right-of-way from the Smith's property. RECOMMENDED BY: APPROVED BY: Packet Pg. 15 Ernie Padgett, County Administrator Packet Pg. 16 Packet Pg. 17  Aerial A Portion of Bayview Subdivision, Block 10 Tim Smith Property Lots 6 & 7 Alleyway through BCC Block 10 APO Lot 9 Prop. Tim Smith APO Lot 9 Packet Pg. 18 Packet Pg. 19 Packet Pg. 20 Packet Pg. 21 Packet Pg. 22 Packet Pg. 23 Packet Pg. 24 Packet Pg. 25 Packet Pg. 26 Packet Pg. 27 Packet Pg. 28 Packet Pg. 29 Packet Pg. 30 Packet Pg. 31 Packet Pg. 32 Packet Pg. 33 Packet Pg. 34 Packet Pg. 35 Packet Pg. 36 Packet Pg. 37 Packet Pg. 38 Packet Pg. 39 Packet Pg. 40 Packet Pg. 41  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Public Hearing: Vacate a portion of 7th Ave and 5th St in Port Dixie DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: Raymond and Felicia Donovan and Steven and Cindra Cowen are petitioning the Board of County Commissioners to vacate portions of 7th Avenue and 5th Street rights-of-way including the 20' square overlap in rights-of-way at the southwest corner of Block 70 of the Port Dixie Subdivision in the Shalimar area. BACKGROUND: The Donovan's and the Cowen's collectively are petitioning the Board of County Commissioners to vacate a portion of 7th Avenue and 5th Street adjacent to their properties. The vacation requests are for the right-of-way adjacent to the South 1/2 of Lots 1 through 6, Block 2, as platted Townsite of Port Dixie, which includes a part of 7th Avenue and 5th Street. The requested area for vacation along 7th Avenue is 20' x 180'. The requested area along 5th Street is 20' x 75', which is that portion lying adjacent to the South 1/2 of Lot 1, Block 70, also included is the 20' square overlap of rights-of-way at the Southwest corner of Block 70. There is an existing shed owned by the Donovan's located in the existing right-of-way of 7th Avenue. The Donovan's intentions are to leave this shed in place following the vacation approval. If the shed is allowed to remain, it is recommended that the following stipulation for the vacated rights-of-way be incorporated in lieu of the standard structure restriction: "No new structures shall be constructed within the vacation area/retained easement. In the event that the county requires use of the easement the existing structure shall be removed at the owner's expense". See attached photos for reference to existing shed in question. OPTIONS: Approve/Disapprove vacation of right-of-way. RECOMMENDATIONS: Approve the right-of-way vacation request as specified from the Donovans and the Cowens. RECOMMENDED BY: Packet Pg. 42 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 43 Packet Pg. 44 Packet Pg. 45  Robert and Felicia Donovan 51 Port Dixie Blvd. Area requested for vacation Packet Pg. 46 Packet Pg. 47 Packet Pg. 48 Packet Pg. 49 Packet Pg. 50 Packet Pg. 51  RESOLUTION NO. 14 - ________ WHEREAS, Mr. Raymond and Felicia Donovan and Mr. Steven and Cindra Cowen petitioned the Board of County Commissioners of Okaloosa County, Florida, to vacate a portion of 7th Avenue and a portion of 5th Street adjacent to Block 70, in the Townsite of Port Dixie located in Shalimar, Florida, more particularly described as follows: The North 20 feet of 7th Avenue lying south of and adjacent to the South ½ of Lots 1 through 6, Block 70, Townsite of Port Dixie, also the East 20 feet of 5th Street lying west of and adjacent to the South ½ of Lot 1, Block 70, including that portion of right-of-way described as beginning at the Southwest corner of Lot 1, Block 70, thence proceed south 20 feet, thence west 20 feet, thence north 20 feet, thence east 20 feet back to the beginning all in the Townsite of Port Dixie according to the plat thereof as recorded in Plat Book 1, Pages 64, 65, and 66 of the Public Records of Okaloosa County, Florida. 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 new structures shall be constructed within the vacation area/retained easement. The only structures that shall be permitted to be located in the vacated right-of-way besides the existing aluminum portable shed shall be storm water/drainage improvements and fencing approved by the Board of County Commissioners. In the event that the county requires use of the easement for utility construction the existing aluminum portable shed and fences shall be removed at the owner's expense. It will be the sole responsibility of the landowner to reinstall the structure and fence after completion of utility installation. 3. THAT the vacated property shall not be used to increase density or intensity of the adjoining parcel. DULY PASSED AND ADOPTED in the regular session this 17th day of June, 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. 52 Packet Pg. 53  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Public Hearing for Sylvania Heights MSBU - Assessment Rate Change DEPARTMENT: Public Works BCC DISTRICT: 4 STATEMENT OF ISSUE: A public hearing to gather public input and consideration regarding increasing the monthly assessment rate for the Sylvania Heights Municipal Services Benefit Unit (MSBU). BACKGROUND AND ANALYSIS: The Sylvania Heights MSBU committee met at a publicly advertised meeting on April 10, 2014. The committee authorized a rate increase to $11.12 for their monthly assessment from June 2014 until January 2015, at which time the rate will decrease to $7.50 per month. The rate increase is required to cure the current account that is in arrears. The minutes of the April 10, 2014 MSBU Committee meeting are attached. OPTIONS: Approve/Disapprove the Sylvania Heights MSBU assessment increase of $11.12 from June 2014 until January 2015 at which time the rate will decrease to $7.50 per month. RECOMMENDATION: Approve the Sylvania Heights MSBU assessment increase of $11.12 from June 2014 until January 2015 at which time the rate will decrease to $7.50 per month. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 54  Sylvania Heights MSBU Meeting April 10, 2014 1. The meeting was called to order at 12:05 P.M. by Chairman Linton Harris with prayer' A. Attendees: Linton Harris Richard Hawthorne Barry Gray Ann Halbert Amy Allen Lisa Payton 2. Old Business: None 3- New Business: Everyone was provided copies of information ofthe issue being brought before the Board by Ann Halbert. Amy Allen led a discussion explaining the SHMSBU Board needed to approve a fee increase due to an arrearage. She explained that there are a total of 228 Units in the community but onty 169 of them were paying units- This has created a negative cash balance. The negative balance for 2013 is 54,923 and as of Aprit 10th the 2014 negative balance is S1,132. This puts the sHMsBu at a negative cash carry forward of 56,055' ln order to balance out the SHMSBU there will have to be an increase to the current rate. As of lune 1, 2014, the monthly cost will be 511.12 for the remainder of the year. This rate increase will bring the SHMSBU into current balance. ln January 2015 the rate will decrease to S7.50 per month. Lisa payton volunteered to draft a notice for the Chairman's signature, to notify the 59 property owners who are not participating in the program but are reaping the benefits of it, in an attempt to 8et them to contribute to the program. Amy Allen will check with the Water & Sewer Department to obtain a list of the properties not participating and determine the best way to allow payment for these properties. Discussion ensued. Motion to approve the rate increase made by Barry Gray and seconded by Richard Hawthorne. Motion carried. Meeting adiourned at 12:40 P.M. Packet Pg. 55 From: Lisa Payton To: Amy Allen; Ann Halbert Subject: Meeting Minutes from the Sylvania Heights April 10, 2014 Meeting Date: Monday, April 14, 2014 7:02:16 PM Attachments: SHMSBU April 2014 Minutes.pdf Good Afternoon Ladies, Here are the minutes from the meeting. Best Regards, Lisa Lisa C. Payton Code Enforcement Supervisor 1804 Lewis Turner Blvd., #200 Fort Walton Beach, Florida 32547 PHONE (850) 651-7531 FAX (850) 651-7032 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. 56 Packet Pg. 57  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Linda Sumblin, Executive Director, Workforce Development Board SUBJECT: Visitor - CareerSource Okaloosa Walton The Workforce Development Board of Okaloosa and Walton Counties hereby presents their 2014 - 2015 budget for review and consideration. Packet Pg. 58 From: Sue Berntsen To: Roland Sims Subject: BCC meeting agenda request Date: Monday, April 28, 2014 4:26:22 PM Good afternoon, Roland ~ CareerSource Okaloosa Walton (CSOW, formerly Workforce Development Board of Okaloosa & Walton Counties) is required to submit our annual initial budget for approval by both Okaloosa County and Walton County Boards of County Commissioners. Can you put our Executive Director, Linda Sumblin, on the agenda for the June 17th meeting for this purpose? Materials will be forwarded prior to the meeting, after approval by the CSOW Board of Directors 6/4/14. Thank you for your assistance! Please note my new email address: sberntsen@careersourceow.com Sue Berntsen CareerSource Okaloosa Walton                               109 8th Avenue Shalimar, FL 32579 850-651-2315 x201 Fax: 850-651-3165 www.careersourceokaloosawalton.com This message may contain information that is Confidential or is "FOR OFFICIAL USE ONLY" and is intended to be delivered only to the named addressee(s). If you have received this information in error, please immediately notify the sender and obtain instructions as to the disposal thereof. Under no circumstances shall this material be shared, retained, or copied by anyone other than the named addressee. Packet Pg. 59 From: Sue Berntsen To: Roland Sims Cc: Linda Sumblin Subject: RE: BCC meeting agenda request Date: Friday, June 06, 2014 2:56:44 PM Attachments: CSOW 2014-15 Initial Budget.pdf Good afternoon, Roland ~ Attached is the CSOW initial budget and below is the request for Linda Sumblin to appear at the June 17, 2014 meeting. Linda will attend to answer any questions. Please let me know if you have any questions or if I may assist in any way. Have a great weekend! Please note my new email address: sberntsen@careersourceow.com Sue Berntsen CareerSource Okaloosa Walton                               109 8th Avenue Shalimar, FL 32579 850-651-2315 x201 Fax: 850-651-3165 www.careersourceokaloosawalton.com This message may contain information that is Confidential or is "FOR OFFICIAL USE ONLY" and is intended to be delivered only to the named addressee(s). If you have received this information in error, please immediately notify the sender and obtain instructions as to the disposal thereof. Under no circumstances shall this material be shared, retained, or copied by anyone other than the named addressee. From: Roland Sims [mailto:rosims@co.okaloosa.fl.us] Sent: Monday, April 28, 2014 4:45 PM To: Sue Berntsen Subject: RE: BCC meeting agenda request Good Afternoon Sue, I have completed your draft placement and await you documents. Have a wonderful afternoon. Roland Sims Jr. Executive Assistant II Okaloosa County Administrator's Office 1804 Lewis Turner Blvd., Ste. 400 Fort Walton Beach, FL 32547 850-651-7515 Packet Pg. 60 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: Sue Berntsen [mailto:SBerntsen@careersourceow.com] Sent: Monday, April 28, 2014 4:31 PM To: Roland Sims Subject: BCC meeting agenda request Good afternoon, Roland ~ CareerSource Okaloosa Walton (CSOW, formerly Workforce Development Board of Okaloosa & Walton Counties) is required to submit our annual initial budget for approval by both Okaloosa County and Walton County Boards of County Commissioners. Can you put our Executive Director, Linda Sumblin, on the agenda for the June 17th meeting for this purpose? Materials will be forwarded prior to the meeting, after approval by the CSOW Board of Directors 6/4/14. Thank you for your assistance! Please note my new email address: sberntsen@careersourceow.com Sue Berntsen CareerSource Okaloosa Walton                               109 8th Avenue Shalimar, FL 32579 850-651-2315 x201 Fax: 850-651-3165 www.careersourceokaloosawalton.com This message may contain information that is Confidential or is "FOR OFFICIAL USE ONLY" and is intended to be delivered only to the named addressee(s). If you have received this information in error, please immediately notify the sender and obtain instructions as to the disposal thereof. Under no circumstances shall this material be shared, retained, or copied by anyone other than the named addressee. Packet Pg. 61 Packet Pg. 62 Packet Pg. 63  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: ORAC Presentation DEPARTMENT: County Administrator BCC DISTRICT: All ORAC Chairman and representative from the County's RESTORE Act consultant to provide Board with a committee update and presentation outlining the work accomplished to date and future plans for accepting economic and environmental projects for consideration. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 64 Okaloosa RESTORE Advisory Committee (ORAC) Update June 17, 2014 Sam Seevers, ORAC Chair Sal Nodjomian, ORAC Consultant Packet Pg. 65  Okaloosa RESTORE Advisory Committee (ORAC) ∗ Established by Okaloosa Board of County Commissioners Resolution Number 13-47 in March 2013 ∗ Eleven member committee representing ∗ 2 – Chamber of Commerce (Niceville-Valparasio and FWB) ∗ 2 – League of Cities (Destin and Crestview) ∗ 2 – At large ∗ 1 – Okaloosa School Board ∗ 1 – Charter Boat / Fisherman’s Cooperative ∗ 1 – Tourism and Lodging ∗ 1 – Economic Development Council ∗ 1 – Environmental Community ∗ Meet 1st Wed (odd months, Emerald Coast Conv Ctr, 2:30 PM) or Thur (even months, Northwest FL State College, 6:00 PM) Packet Pg. 66  Setting the Stage Funding Sources /Rigorous Evaluation qForm the ORAC qEstablish administrative ground rules Public Input / Full Transparency qEducate the ORAC on the RESTORE process qEstablish ORAC mission statement and goals qEvaluate Treasury Rules qDevelop model to help evaluate projects qTest the model with several projects qRefine model as necessary qDevelop project information collection tool qCollect project requests qUse model to score and rank projects qDevelop Multi-Year Implementation Plan Packet Pg. 67  Setting the Stage Mission Statement The Okaloosa RESTORE Advisory Committee (ORAC), in conjunction with Okaloosa County staff and its consultants, shall develop a Multi-Year Plan and formulate a comprehensive strategy to maximize the benefits of RESTORE Act funding designated for Okaloosa County. The ORAC’s efforts will inform and assist the Okaloosa Board of County Commissioners (BCC) in their task of approving the Multi-Year Plan. The ORAC shall recommend projects selected in a fair and transparent manner to the BCC to help restore and protect our portion of the Gulf Coast region. Packet Pg. 68  Setting the Stage Goals 1. Perform all tasks in a transparent and ethical manner while encouraging maximum public participation 2. Identify priorities and develop rigorous evaluation criteria 3. Design and field an efficient and effective project submittal process 4. Improve County website and other management tools associated with the RESTORE process 5. Develop an executable Multi-Year Implementation Plan Packet Pg. 69  Model Development – Proposed Evaluation Tool Quantitative Qualitative Score Score ORAC ORAC Final Weighted as Weighted as Score X% Y% Packet Pg. 70  Quantitative Score Proposed Quantitative Factors Significance Score Economic 1. Gross Product per RESTORE $ Invested (%) ______ 2. Return on Investment and LC Cost (%) ______ 3. Economic Diversification (%) ______ General 4. Implementation Readiness (%) ______ 5. Project Feasibility (%) ______ 6. Create/Restore/Protect Habitats (%) ______ Environmental 7. Replenish/Protect Coastal & Marine Res (%) ______ ORAC to select 8. Restore Water Quality (%)and place ______ 9. Enhanced Environmental Resilience (%) ______ significance on factors Quantitative Score: ______ Note: Once established, this portion of the model will be used by the consultants Packet Pg. 71  Qualitative Score Proposed Qualitative Factors 1. Community acceptance 2. Quality of life enhancement 3. Expert judgment ORAC to 4. Equity of distribution select 5. factors Qualitative Score: _______ Note: Once established, this portion of the model will be used by the ORAC Packet Pg. 72 Proposed Evaluation Tool Quantitative Qualitative Score Score ORAC ORAC Final Weighted as Weighted as Score X% Y% Packet Pg. 73  Summary ∗ Educated and engaged ORAC ∗ Deliberate Model Development ∗ Thorough analysis ∗ Increased understanding ∗ Complete buy-in ∗ Transparent and replicable ∗ Poised for program execution when rules and funding finalized Packet Pg. 74  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Approval of Assignment of Lease to DTG Operations, Inc. DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Board of County Commissioners is requested to approve the assignment and assumption of the Advantage Rental Car concession and service facilities leases at Northwest Florida Regional Airport (VPS) to DTG Operations, Inc. BACKGROUND: When Avis and Budget rental car companies (Cendant Corporation) decided to consolidate brands at VPS and share the Avis facilities, Advantage Rental Car was competitively selected and assigned the former Budget concessionaire and service facilities leases. Subsequently, Advantage entered bankruptcy, and Hertz Corporation (through DTG Operations, Inc.) has recently purchased, at a court sanctioned auction, the rights to Advantage's leases at VPS. Now, Hertz, which had to divest its ownership of Advantage in order to purchase Thrifty-Dollar, has requested the County assign Advantage’s leaseholds to DTG, which will act to assume the on-premises rental car concession through its Thrifty-Dollar brand. Although the former Thrifty-Dollar operator at the VPS is indebted to the County for what we contend are rather substantial amounts due to non-payment of various rents, fees and user charges relating to its past tenure as an on-premises rental car concessionaire, it was a franchise for which debt the corporate DTG Operation, Inc. is not legally responsible. The County is presently in litigation over that debt. Since the bankruptcy court has approved the auction purchase, Hertz/DTG has the right to have the assignment take place as ordered. Official Board acceptance of the assignment and assumption is necessary, and it is viewed as beneficial in filling the on- premises space left vacant by Advantage and securing a continued stream of rental and fees income. DTG will provide the County with a fully executed copy of the Assignment upon the Closing of the Asset Acquisition. OPTIONS: Approve, disapprove or table. RECOMMENDATIONS: The Airports staff recommends approval of the assignment and assumption of the two leases (concession and service facilities). A copy of the Assignment and Assumption Agreement to be considered is attached. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator RECOMMENDED BY: Packet Pg. 75 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 76 Packet Pg. 77 Packet Pg. 78 Packet Pg. 79 Packet Pg. 80 Packet Pg. 81 ASSIGNOR'S SIGNATURE PAGE TO ASSIGNMENT AND ASSUMPTION AGREEMENT ASSIGNOR: SIMPLY WHEELZ LLC DB/A ADVANTAGE RENT A CAR BY: ~atf/1 ~~.~~~.~/' Name: 1 0~ ~c 1~.. ~1~1iJ~.~C. Title: ~.~ Packet Pg. 82 Packet Pg. 83 Packet Pg. 84 Packet Pg. 85 Packet Pg. 86 Packet Pg. 87 Packet Pg. 88 Packet Pg. 89 Packet Pg. 90 Packet Pg. 91 Packet Pg. 92 Packet Pg. 93 Packet Pg. 94 Packet Pg. 95 Packet Pg. 96 Packet Pg. 97 Packet Pg. 98 Packet Pg. 99 Packet Pg. 100 Packet Pg. 101 Packet Pg. 102 Packet Pg. 103 Packet Pg. 104 Packet Pg. 105 Packet Pg. 106 Packet Pg. 107 Packet Pg. 108 Packet Pg. 109 Packet Pg. 110 Packet Pg. 111 Packet Pg. 112 Packet Pg. 113 Packet Pg. 114 Packet Pg. 115 Packet Pg. 116 Packet Pg. 117 Packet Pg. 118 Packet Pg. 119 Packet Pg. 120 Packet Pg. 121 Packet Pg. 122 Packet Pg. 123 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  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Michael Baker Lease for Office Space DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: A proposed Lease for Office Space from Michael Baker Jr., Inc. to lease office space in the Baldwin Building at the Northwest Florida Regional Airport is being presented to the Board of County Commissioners for approval. BACKGROUND: Michael Baker Jr., Inc., requests to lease office space in the Baldwin Building for aviation related projects. The term of the lease will be from the date of formal execution of the lease for one year with an option to renew the lease for two additional one year periods. The contract and lease internal coordination sheet is attached along with their certificate of insurance. OPTIONS: Approve, Reject or Table. RECOMMENDATIONS: It is Staff's recommendation that the Board approve this Lease as described above. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator 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  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Sunil Harman SUBJECT: Outstanding Invoice DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: Request approval to pay C&S Operations, Inc. Que Center Group, for an outstanding invoice of $3,000.00. BACKGROUND: C&S Operations, Inc. Que Centre Group provides a web based workorder system to the Airports Department that is used for repair, maintenance and general upkeep of the airport. This work order service has been secured by purchase orders in the past. Historically, invoices for this service have been paid by after-the-fact purchase orders. “After the Fact” meaning the department did not submit a requisition to Purchasing for approval prior to placing the order. These types of purchases do not comply with the current Purchasing Policy and as of October 1, 2013, Finance no longer approves purchase order payments for services invoiced after-the-fact. Staff is entering into a contract with C&S Operations, Inc. Que Centre Group to correct this situation. Board approval to direct pay the outstanding invoice is required. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Recommend approval of direct payment for the outstanding invoices to C&S Operations, Inc. Que Centre Group. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 153 Packet Pg. 154  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: David Skarzynski, Budget Manager SUBJECT: Budget Resolutions & Transfers Resolution amending the Fiscal Year 2014 Budget, General Fund, which did not reflect adequate appropriations for Sheriff revenue, in the amount of $167,334. Resolution amending the Fiscal Year 2014 Budget, Law Enforcement Trust Fund, which did not reflect adequate appropriations for confiscated property, in the amount of $11,616. Resolution amending the Fiscal Year 2014 Budget, County Public Health Fund, which did not reflect adequate appropriations for reimbursement from State, in the amount of $17,794. Resolution amending the Fiscal Year 2014 Budget, General Fund, which did not reflect adequate appropriations from Florida Department of Transportation (FDOT) for design of CR4 (Antioch Road) sidewalk grant, in the amount of $99,107. BT-14-36 Road/Bridge Construction Fund in the amount of $146,590. Provide funding for task order #2 for C12-1960 approved at the May 20, 2014 Board of County Commissioners meeting. BT-14-37 E-911 Operations Fund in the amount of $112,656. Provide funding for purchase of emergency police dispatch protocol system approved at the May 20, 2014 Board of County Commissioners meeting. BT-14-38 Airport Enterprise Fund in the amount of $185,000. Provide funding for McCallum Sweeney Site certification approved at the April 15, 2014 Board of County Commissioners meeting. BT-14-39 Capital Outlay Construction Fund in the amount of $75,000. Provide funding for contract management of Sheriff’s new building approved at the June 3, 2014 Board of County Commissioners meeting. BT-14-40 E-911 Operations Fund in the amount of $90,000. Provide funding for Emergency Operations Center communications upgrades. Packet Pg. 155  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for Sheriff revenue, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the General Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Retiree Health Premiums 0183R-341242 $26,076 Sheriff’s Transportation 0183R-341522 $1,147 Sheriff’s Investigation Reimbursement 0183R-341523 $80 Charges for Services 0183R-342910 $25,819 Court Ordered Restitution 0183R-359100 $343 Interest on Time Deposits 0183R-361101 $30 Donations-Other 0183R-366990 $5,250 Insurance Proceeds 0183R-369310 $48,659 Other Miscellaneous Revenue 0183R-369990 $59,930 EXPENDITURES DEPT-ACCOUNT AMOUNT Budget Transfer-Sheriff-Law Enforcement 0183-591001 $167,334 Adopted this regular session the 17th day of June 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. 156  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET LAW ENFORCEMENT TRUST SPECIAL REVENUE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for confiscated property proceeds, 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 Law Enforcement Trust Special Revenue Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Confiscated Property Proceeds 1022R-359101 $11,616 EXPENDITURES DEPT-ACCOUNT AMOUNT Budget Transfer-Sheriff-Law Enforcement 1022-591086 $11,616 Adopted this regular session the 17th day of June 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. 157  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET COUNTY PUBLIC HEALTH SPECIAL REVENUE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations for reimbursement from State, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the County Public Health Special Revenue Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Reimbursement from State 1550R-359101 $17,794 EXPENDITURES DEPT-ACCOUNT AMOUNT Other Construction 1550-562690 $17,794 Adopted this regular session the 17th day of June 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. 158  RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2014 BUDGET ROAD/BRIDGE CONSTRUCTION FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Transportation (FDOT) for design of CR4 (Antioch Road) sidewalk grant, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Road/Bridge Construction Fund be increased, additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT Other Transportation - Federal 731442R-331490 $99,107 EXPENDITURES DEPT-ACCOUNT AMOUNT Professional Services - Engineering 731442-531500 $99,107 Adopted this regular session the 17th day of June 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. 159 Packet Pg. 160 Packet Pg. 161 Packet Pg. 162 Packet Pg. 163 Packet Pg. 164  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Teresa Ward, BCC Deputy Clerk SUBJECT: Approval of BCC Regular Meeting Minutes The minutes for the May 6th & May 20th 2014 BCC Regular Meetings are attached for review. 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  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Rick Owen SUBJECT: Approval of Support Document for CCNWFL Homeless Prevention Activities DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: The Catholic Charities of Northwest Florida requests approval for continued provision of homeless prevention activities. BACKGROUND: Catholic Charities carries out the social mission of the Catholic Church in Northwest Florida to serve, empower and advocate for vulnerable families and individuals of any race, religion or national origin. Specific to homeless prevention activities, The Catholic Charities Food Pantry has been serving Okaloosa and parts of Walton and Santa Rosa Counties for the past eleven (11) years. The Food Pantry is sustained both by local donors, the bay Area Food bank and the Florida USDA and is currently distributing approximately 18,000 pounds of food each month and over 250,000 pounds of food annually. U.S. Department of Housing and Urban Development regulations require non-profit organizations to receive certification of local government approval prior to accepting an Emergency Solutions Grant award. This approval signifies the knowledge of the referenced program operating in the local government jurisdiction. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve letter for the Catholic Charities of Northwest Florida organization so that it may continue to receive grant funding. RECOMMENDED BY: APPROVED BY: Packet Pg. 205 Ernie Padgett, County Administrator Packet Pg. 206 Packet Pg. 207  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: OC Admin Building - Funding Release for Steel Package DEPARTMENT: Facility Maintenance BCC DISTRICT: All STATEMENT OF ISSUE: Requests BCC approval of funding for the Steel Package for the new Okaloosa County Administration Building. BACKGROUND: The work to ready the former Shalimar Annex site for the construction of a new 63,000 + s.f. building is moving along at a very quick pace. The asbestos abatement activities are nearly complete and the demolition of the existing structures will begin very soon. After the site work and building foundation are prepared, the building's structure will begin to go vertical. To do that, the structural steel package needs to be on site and ready to erect. Structural steel, like a number of other elements of a large building, must be ordered well in advance of the day when it will be needed. These elements are in the critical path for the completion of the project. The amount of funding requested (up to $1,500,000) for the steel is an estimate. Steel is a commodity and the price will only be fixed when an order is placed. The steel must be ordered right away to be on site when needed. Any delay in ordering or receiving the steel may result in the building not being ready for occupancy prior to the expiration of the Uptown Station lease. RECOMMENDATIONS: Requests BCC approval of funding in an amount up to $1,500,000 for the Steel Package for the new Okaloosa County Administration Building. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 208 Packet Pg. 209  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: FTA DBE Program Goal DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: The Department of Growth Management requests the Board to approve the revision Federal Transit Administration required Disadvantaged Business Enterprise Program Goals. BACKGROUND: The proposed DBE Goal revision has been approved for submission by FTA. The original DBE Program Goals was approved by The BCC on February 7, 2012. Changes were made upon FTA request. Change in staff has required a new DBE Liaison officer be named resulting in the need to re-sign the Objectives/Policy Statement. The overall transit goal of 1% for FTA funded projects proposed in the original submission have not changed, RECOMMENDATION: The Department of Growth Management recommends that the Board approve the submission of the revised DBE Program Goal and authorize the Chairman to sign the attached Objectives/Policy Statement and all future Fiscal Years 2012-2014 DBE Program documents. 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Quote #004/PO #E144032 DEPARTMENT: Information Systems BCC DISTRICT: All STATEMENT OF ISSUE: The Board is requested to approve InDyne Quote #004/PO #E144032) for 12 strands of Fiber Optic Cable from the Eglin North Gate Splice Box to Duke Field via Building 5105 in the amount of $619,768.00. Inclusive within the Quote are payments at various milestones. The start date for the project is defined as the date of initial payment. BACKGROUND: The Board has pursued the construction of the Fiber Optic network over the past several years. The funding provided through this partnership will enhance the originally designed capabilities of the Fiber Optic network and the partnership formed will foster a win-win relationship as Eglin Air Force Base and Okaloosa County work to accomplish their respective missions. This Quote has been through the Purchasing review process. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve Quote #004/PO #E144032 for the Eglin AFB - Okaloosa County Joint Fiber Project (Eglin North Gate to Duke Field) in the amount of $619,768.00 and authorize the Chairman to sign Quote #004 and PO #E144032. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 277 Packet Pg. 278 Okaloosa Co unty IS Department Date: May 8,2014 1804 Lewis Turner Blvd, Ste 402 Fort Walton Beach, FL 32547 Phone: (850) 651-7570 Quote #: 004 InDyne Inc. Attn: Mr. Bill Johnson Fax: 850-882-9207 Building 956, Escambia Road Eglin AFB, FL 32542 Phone: (850) 882-9201 Quote: Eglin AFB - Okaloosa County Joint Fiber Project (Eglin North Gate to Duke Field) Statement of Work: 12f Eglin N. Gate to Duke Length of Project: 150 Days From Start Date (see attached Exhibit A) Start Date : Defined as the date of initial payment. InDyne is responsible for acquiring all construction permits and approvals including any required studies. Project Not to Exceed Cost: $619,768 Payment Terms: Due Upon Notification of partial or full completion Payment Schedule: Initial Payment: $ 309,884 Payment due up front to deploy personnel, purchase material, and allocate existing fiber Partial Payment: $ 185,930 Due upon completion of required new fiber and cond uit construction Final Payment: $ 123,954 Upon acceptance of OTDR results Remit Payments to: Okaloosa County Board of County Commissioners Attn: Finance - Gary Stanford, Suite 203 302 N Wilson St Crestview, FL 32536 Initial project kick off meeting is scheduled for' _ _ _ _ __ 1884 Lewis T'!Jrner Rd, FWB, 3rd Floor Small Conference Room This quote is only valid upon approval of the project by Board of County Commissioners, Oka/oosa County, FL S;gnature of th;s document ;nd;cates acceptance of th0 ! \ :l l ~ ~I~ lolj DATE InDyne Inc, 7 DATE Okaloosa County Board of County Commissioners Charles K. Windes, Jr, Chairman Packet Pg. 279  12 STRAND FIBER OPTIC LINK Eglin North Gate to Duke Field via Building 5105 Packet Pg. 280 ~e Accounts Payable PO Box 1927 Purchase Order: £144032 Page 1 of 1 Eglin AFB, FL 32542 05/15/14 (850) 882-4942 indyneap@us.af.mll Order To: OKALOOSA CTY BOARD Of CTY COMMISSIO~;ERS EOKA05 Ship To: INDYNE, INC OKALOOSA COUNTY I NfORI1!\TION SYSTEMS ATTN: ROBERT WEEKLEY 302 N. WI LSON STREET (850 ) 88 2-9202 SUITE 203 516 PERIMETER RD. - BLDG.956 CRESTVIEW, f'L 32536 EGLIN AFB,' fL 32542 Contact: DON VANDERHOEK Ph: 850-651-7570 Tr~s USD Order Buyer Term. FOB Ship Via o.Uv.r To Oate 05115114 \<iE~KL~Y, ROBERT A PROGRESS PMTS N/A N/A 645/645 Item/D•• oription Du. D•• ired Order Net Unit Extended Line Rav U/M Date Date OUantit Co.t Colit PRICING PER PROPOSAL DATED 4/3/ 14. "ALL PERSONNEL WILL COMPLY WITH OSHA STANDARDS AND PROCEDURES WHEN PERfORMING ANY SERVICES ASSIGNED fOR PAYMENT WHILE ON EGLI~ AIR FORCE BASE GROUNDS OR OTHER AUTHORIZED AREAS." PRINTED NAME SIGNED DATE DPAS RATING : DO-C9 . ··· THIS IS A RATED ORDER CERTIfiED fOR NATIONAL DEfENSE USE rulD YOU ARE REQUIRED TO fOLLOW ALL THE PROVISIONS Of THE DEf'ENS;: PRIORITIES AND ALLOCATIONS SYSTEM REGULATIONS (15CFR700). ++++ • • • • • • • • • • • • • • • • • • *•••••••••••••••••••••••••••••••••••••••••• "THIS PURCHASE ORDER IS SUBJECT TO INDYNE, INC. TERMS AND CONDITIONS WHETHER IN fULL TEXT OR BY REFERENCE. INDYNE, INC­ IS ru EQUAL OPPORTUNITY EMPLOYER, M/f/D/V" Date: 12STRAND SM FIBER OPTIC CABLE PURCHAS£. 12112 / 14 12112114 LOT 0.0000 0.0000 $619,768 . 00 fROM SUI LDING (( EGL IN Af'B TO DUKE FIELD VIA B48 (SEE ATTACHED PROPOSAL fOR D£TAILS) R.eq: 93127 Prime Contract n: fA9200-0S-C-0001 AOP:520-00 1.09 . 01.30.50.30 3301.14.8002.EI3114 PO Totu l\mount: $6 19,768.:;C Authorized Siqnature(sl Packet Pg. 281  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Vanderhoek SUBJECT: Approval to pay CSX Transportation Invoices DEPARTMENT: Information Systems BCC DISTRICT: All STATEMENT OF ISSUE: The Board is requested to approve payment of two CSX Transportation permit related invoices totaling $4,128.62. BACKGROUND: In the Fall of 2013 we applied to CSX Transportation for a permit for CE&I services for sub-grade HDD installation of 2” HDPE pipe to carry 96 count fiber optic cable under CSX tracks in Crestview. The CSX permit process is multi-staged: an application and non-refundable review fee are submitted; a license fee and insurance fees are submitted; and, upon CSX approval, construction activities can begin. After complying with all permit requirements, the permit was issued. As part of the construction activities CSX determined that a flagman and an inspector were required. These services cannot be provided by any personnel other than authorized CSX employees. We are presenting to the Board for payment approval two invoices totaling $4,128.62 for flagman and inspector related charges. Funding is available in the Telecommunications budget for payment of these two invoices. OPTIONS: Approve/disapprove. RECOMMENDATIONS: Board payment approval is requested in order to process payment of two CSX Transportation invoices totaling $4,128.62 for flagman and inspector related charges for fiber optic work under CSX tracks in Crestview. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 282  csx 'I'RANSPORTATION Invoice Bill No. Bill Date 9031574 14-MAY-14 Page 1 of 1 Billed Through 14-MAY-14 Customer No. 167656 Project No. CSI741 BOARD OF OKALOOSA COUNTY Customer Ref. No. COMMISSIONERIINFORMAnON File No. ATTN: GREG BURDEN Occurrence/l n-Service Date 1804 LEWIS TURNER BLVD SUITE 402 FORT WALTON BEACH FL 32547 CSX Federal ID No. 54 - 6000720 Work Site CRESTVIEW, FL Project Description C E & I SERVICES FOR SUB-GRADE HOD INSTALLA nON OF 2" HOPE PIPE TO CARRY 96CT FIBER uN'DER CSX TRACKS IN OKALOOSA COUNTY @MPOOK-702.90;CSX-754294 Item Description Total Amount 050 LABOR ROADWAY $1,845.54 212 INVOICE-CONTRACT ENG $2,017.70 230 EXP RPTS & CORP LODG $206.45 Invoice Total: $4,069.69 Balance Due This Invoice: $4,069.69 Lock Box Address (payments only) Balance Due This Invoice $4,069.69 CSX Transportation, Inc. Due Date 13-JUN-14 PO BOX I 16628 ATLANTA GA 30368-6628 Payment Terms 30 NET If you have any questions regarding this invoice, please contact Outside Services at OutsideServices@csx.com or call 904-279-3889. Send email correspondence to 6737 Southpoint Drive South, CSX Bldg I J-180, Jacksonville, FL 32216 Invoice :903157 4 1 of 9 Packet Pg. 283  CSX TRANSPORTATION Project Invoice/Credit Memo Details Report Report Date: 14-MAY-2014 11 :48 Page: of 1 Invoice/CM 9031574 Project: CS1741 Customer: BOARD OF OKALOOSA COUNTY Si te Name BOARD OF OKALOOSA COUNTY COMMISSIONER/INFORMATION COMMISS TONER/ INFORMATION SYSTEMS Task Item Date Employee/Suppliel Job Title Expenditure Type Control Comment Quantity UOM Bill Amount ----------- --------------- 050 LABOR ll-MAR-14 CROFT JR, MR. TRACK FOREMAN OT-PREM-FLAGGING GANG 5JM2 2.00 HRS 257.51 ROADWAY THOMAS M ::'2-MAR-14 CROFT JR, MR. TRACK FOREMAN OT-PREM-FLAGGING GANG 5JM2 7.00 HRS 901.32 THOMAS M :2-MAR-14 CROFT JR, MR. TRACK FOREMAN LBR- FLAGGING GANG SJM2 8.00 HRS 686.71 THOMAS M Task (050 LABOR ROADWAY) Total 17.00 1845.54 212 INVOICE­ 12-MAR-14 OSPRE PS-DESIGN 18.IPM_773775 INV;5ll2 , 1997.72 2017.70 CONTRACT ENG ENGINEERING Task (212 INVOICE-CONTRACT ENG) 1997.72 2017.70 230 EXP RPTS & 11-MAR-14 CROFT JR, MR. MILEAGE-PERSONAL CAR 18. IPM_766058 mid-week move to crestvlew, fl. 86.80 87.67 CORP LODG THOMAS M 12-MAR-14 CROFT JR, MR. MILEAGE- PERSONAL CAR 18. IPM_766 058 flag-crestview, fl. -ook702 9-then 1] 7.60 118.78 THOMAS M back to tallahassee, fl Task (230 EXP RPTS & CORP LODG) 204.40 206.45 Invoice (9031574) Total 2219.12 4069.69 Total Burden Cost (lOOt) --------> 4069.69 Customer Contribution ( 100 ) --------> 4069.69 sales Tax .00 Total Bill Amount 4069.69 Invoice:9031574 20f9 Packet Pg. 284  CSX 7RANSPORTATION EDI Support Report Report Date: 14-MAY-2014 11:48 Page: of Involce/CM 9031574 ProJect: Customer Slte Name; CSX uses the EDI (Electronic Data Interchange) tool to exchange do&uments with other companies. Before this data is processed, it is authenticated, verified and approved in the same manner as paper information. See CSX Annual Report Item 9A for further information on CSX Internal Controls. No Electronic Data found for this Invoice InVOice 9031574 30f9 Packet Pg. 285  J/ ospr INV ICE Ctlts Ide p Id.nt Roeildllt En~n~oenn" Di\lE: March 21 2014 INVOICE It 5112 csn (()PI¥): _ _ _ _ _ _C_5_17_4_1 Customer: o."... ;It 05 P 2736 C'SX Trlln:o:portlltlon ! Propert,. Serv I.:e:o: utility N""",: Board of Okalca a C 001'11\' (17.37 So:outl1poltlt Orr.fe South, J -1 so Ulinll Pt!riod: 3[11[14 ~ 3[12[14 J Ild::o: o:on .... 1Ie, FL ':':22 1., Final'''''.... Bilt Final PRljeODes cription: in."e<:tioJl~oadinill""."", 1<:. . fartbefollowint work: sub-gade in~t:alal:ion ofHOO INSTAlLATION OF 2" HD PE PIPE TO CARRY 96CT FIBER UNDER CSX TRACKS Utility PRljetllolanager UlftyPRljett# P Rlje<:t loclilion G reg Burden C5X -154294 Crestview, .Flo ~£IlVICESPROVIJ£O Irrn-£ O£scaFnOlf Q'TY RATE AMOUNT C oordi nalor Proje tl C oordnatirn Fee 1 LS $ 6000 $ 00.00 C oordi natm Inspedim Services 16.25 HR $ 8Goo $ 1,30000 Coordi nator Mobpemob Mileage 420 MILE $ 0,560 $235,20 C oordi nator Per Diem 1 DAY $ moo $ 50.00 Coordinator Hctel 1 LS $ 97.52 $ 97.52 f rojed Manager Inspectim Services 2.5 HR $ 102,00 $ 255,00 TOTAl. $ 1~7.72 Make all che d<s pa~ab Ie to 05 pre' 5 e ",ices and raw ard tothe abC'l e addre... If~oo h3Ne an~ question. concerning 30 days. net thIS In~olce. contact. Danny A bdeln oor (904)-396-9777 Wort< (904) 279 -3901 Fax Final Invoice Expenditure Item Date: lHANK YOU FOR YOUR Verified 8y: BUSINESS! 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OS·M1!lr-2014 OH"Iar-20l4 Personal ttag.t&lIal'l~ 5O(Mi!es) 0.56 33.60 MIleage s.p.79ttl lafayette 51:. 0.56 100.SO https:llsuppliers.cs.x.comiOA HTMUOA.jsp?naoo-/oracle/appslaploieler.tj·,';:;.....;;.=;·.l,.;:;,•• '!1t""""HA IJ,V'_V. '" .fill' Invoice:9031574 - [f6("g . Packet Pg. 290  2014-03-17 06:24 CS)( 8502248124 » FAK SERVER P 2/2 ~ to defuniak spriog$.ft. Gil t'.l6-Mar-2014 06-Mar-2014 ~I ~1'da1<"OOk 1S(Mile5) 0.56 42.00 Mlleage 724.9 iFj O1.f!1\ar-2014 01~Ma"2Ul" PeI'!tonaI fla9-delunlak-ook i'5(MUiK) D.S'; Mileage 724.9 42.00 e 08-Mar-2014 08-Mar·2014 PerstJnaI fl89"defunlak-«.llc 220{Mles) 0,56 123.lO Mileage 724.9-men bad< to taliahilssee a 10-Mar-201410-Mar·2014 Personal flag-qulnc:y,ft.- 15O(MIIe5) 0.56 &4.00 MI~ atlanta lit.­ 9l S.p,824.4 ll-Mar-20104 ll-Mar-2014 Personal flag-qulncv,fI.- lSO(M~es) 0.56. &4.00 Mlleilge hwy 12-s.p. ijj 826.5 11-Har-201411-Mar-1014 Personal mld-week move lS5(t.mesj 0.56 86.80 Mileage to~ew/lt 8 1:z.r"ar-201412-Mar-2014Per$OnaI fla~.fI.- 210(MlIes) 0.56 117.60 Mileage 00k702.~then back to taII~ft 13·Mar-201413-Ma,.2014 PersoruII flag- 6$(Miles) 0,$ 36.40 Mileage t&IIaNmM.ft· state n1.26l-­ [i 5.p.so3.6 IJ-M8r·201413·Mar-2014 Personaj ftag-shoulder "IS(MIIes) 0,$ 25.20 Mileage ballast cleaner il taIIahassee.fI. 1+Mar-20H I+Ma,...2014 Personal flag- 70{Miles) 0.56 39.20 Mileage ta Ilah~,fI.· state "".263­ 5.p.803.6 T-..I 949.:10 Invoice:9031574 hUps:lIsuppJiers.csx.comlOA ~HTMUOAJ~~/onu:lelappslaploic/entry/summary/we... 311612014 Packet Pg. 291  csx TRANSPORTATION Invoice BiIIl'io. 9031421 Page I of I Bill Date 02-MAY-14 Billed Through 02-MAY-14 Customer No. 167656 Project No. CSI741 BOARD OF OKALOOSA COUNTY Customer Ref. No. COMMISSIONER/INFORMATION File No. ATIN: GREG BURDEN Occurrence/In-Service Date 1804 LEWIS TURNER BLVD SUITE 402 FORT WALTON BEACH FL 32547 CSX FederallD No. 54 6000720 Work Site CRESTVIEW, FL Project Description C E & I SERVICES FOR SUB-GRADE HOD INSTALLATION OF 2" HOPE PIPE TO CARRY 96CT FIBER uN'DER CSX TRACKS IN OKALOOSA COUNTY @ MP OOK-702.90; CSX-754294 Item Description Toml Amount 000 MISCELLANEOUS $37.77 233 PAYROLL TRAVEL ALLOW $21.16 Invoice Total: $58.93 Balance Due This Invoice: $58.93 Lock Box Address (payments only) Balance Due This Invoice $58.93 CSX Transportation. Inc. Due Date 01-JUN-14 PO BOX 116628 ATLANTA GA 30368-6628 Payment Terms 30 NET If you have any questions regarding this invoice. plea.,e contact Outside Services at OutsideServices@esx.com or call 904-279-3889. Send email correspondence to 6737 Southpoint Drive South, CSX Bldg 1 J-180, Jacksonville, FL 32216 Invoice:9031421 1of3 Packet Pg. 292  CSX TRANSPORTATION Project Invoice/Credlt Memo Deta:.ls Report Report Da t.e : 02-MAY-2014 23 :49 Page: of 1 Invoice/CM 9031421 Project: CS1'/11 Cus:.omer: BOARD OF OK.ALOOSA COUNTY Slte Name: BOARD OF OKALOOSA COUNTY COMMISSIONER/INFORMATION COMMISSIONER/INFORMl\TTON SVSTRMS Task Item Date Employee/suppliel Job Title 8x:penditure Type Control # Comment Quantity UOM Bill Amount 000 11-MAR-14 CROPT JR, MR. TRAVEL- PAYROLL MEALS 1. 00 WK 37.77 MISCELLANEOUS THOl'JlS M Task (000 MISCELLANEOUS) 1.00 37.77 233 PAYROLL 14··MAR·,14 CROFT JR, MR. T11.AVBL- FLOAT iNC 1. 00 WK 21. 16 TRAVEL ALLOW THOMAS M CANCS Task 1233 PAYROLL ALLOW) 1. 00 21.16 Invoice (903142:) Total 2.00 58.93 Total Burden Cost (l00%) ---~----> 58.93 CUSLomer Contribution , 100 58.93 Sales Tax .00 Total Amount 58.93 Involce:9031421 2of3 Packet Pg. 293  . o w ,o ~ " U ·rl 0 > r9 " ·rl ..to '"' " .....0 '0 r: :;J ....0 '"'" 7, 0'" c; u ·rl :< r: 0 ~ ""u ! ~ " ..... Ii '" ~ rJ" z0 J Packet Pg. 294  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Vanderhoek SUBJECT: RFQ #IS 02-14 Contract Negotiations DEPARTMENT: Information Systems BCC DISTRICT: All STATEMENT OF ISSUE: The Board is requested to approve contract negotiations with the top three bidders of Request For Qualifications #IS 02-14 Information Technology Services for Okaloosa County Information Systems. BACKGROUND: The Board had previously approved the solicitation of Request For Qualifications #IS 02-14 Information Technology Services for Okaloosa County Information Systems. The Selection Committee has reviewed all bids and request approval to enter into contract negotiations with each of the top three bidders, namely Technology Integration Group, TekLinks and L-3. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve contract negotiations with each of the top three bidders of Request For Qualifications #IS 02-14 Information Technology Services for Okaloosa County Information Systems. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 295 Packet Pg. 296  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Shirley Mitchell, Fiscal Director I, State Attorney Office SUBJECT: State Attorney Office - Transfer of Reserve Funding A request submitted by the State Attorney's Office for a transfer of reserve funding in the total amount of $15,102.66 is attached for review. Packet Pg. 297 Packet Pg. 298 Packet Pg. 299  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Dino J. Villani SUBJECT: Outstanding FirstWatch Annual Support and Maintenance Invoice DEPARTMENT: Public Safety BCC DISTRICT: All STATEMENT OF ISSUE: Request approval to pay FirstWatch, Inc., for annual support and maintenance during the period of April 1, 2014-March 31, 2015, for a total of $2,696.36. BACKGROUND: FirstWatch is the sole vendor of operational data analysis software for Okaloosa County Emergency Medical Services. The FirstWatch system monitors key performance indicators in real time, such as response times, scene times and hospital drop-offs as well as alerts for early signs of a chemical, biologic, radioactive or nuclear attack, or for naturally occurring epidemics or pandemics. Historically, invoices for data analysis services have been paid by after-the-fact purchase order. “After the fact” meaning the department did not submit a requisition to Purchasing for approval prior to placing the order. The invoice for the April 2014 - March 2015 period was submitted “after the fact.” These types of purchases do not comply with the current Purchasing Policy and as of October 1, 2013, Finance no longer approves purchase order payments for services invoiced after-the-fact. Staff is working with Purchasing and Finance to ensure requests/purchases are made according to an approved strategy in accordance with the Purchasing Policy. FirstWatch has been made aware of our new purchasing policy and now understands the process. Board approval to direct pay the outstanding invoice is required. OPTIONS: Approve/Disapprove. RECOMMENDATIONS: Recommend approval of direct payment for the outstanding invoice to FirstWatch. RECOMMENDED BY: APPROVED BY: Packet Pg. 300 Ernie Padgett, County Administrator Packet Pg. 301  322 Encinitas Boulevard Suite No. 100 Encinitas, CA 92024-3780 Phone: 760-943-9123 x201 Fax: 760-942-8329 E-mail: mornelas@firstwatch.net FEIN: 050544884 Renewal BILL TO: Invoice Tracey Vause, EMS Division Chief Okaloosa County, Emergency Communications Date Invoice No. 1250 N. Elgin Parkway, Ste. G118 Shalimar, FL 32579 5/20/2014 FW101639 Terms P.O. No. Account # 90 Days Item Description Contract Qty Amount New Term 4/01/2014 to 3/31/2015 Contract Maintenance FirstWatch Support & Maintenance Annual Renewal for 2,696.36 1 2,696.36 DS1 (Visionaire). Total $2,696.36 Payment Terms and Information: Please make checks payable to . . .FirstWatch THANK YOU FOR YOUR BUSINESS AND SUPPORT OF FIRSTWATCH! Payment is due within 90 days of invoice date. Late payments may be subject to late charges of 1.5% per month. Packet Pg. 302  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Approval to Negotiate Contract for Const Admin for Aircraft Resc DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: [PUR] Seeking Board approval to negotiate a Contract with AVCON for Construction Administration for Aircraft Rescue & Fire Fighting (ARFF) Station. BACKGROUND & ANALYSIS: The Board of County Commissioners accepted an FAA Grant offer on September 12, 2013 to provide $2.7 million Airport Improvement Program funding for construction of a fire station on a leased parcel closer to the runways at Eglin. In exchange for the County constructing a $3 million Aircraft Rescue and Fire Fighting (ARFF) facility, the Air Force is leasing approximately four acres to the County, rent free for 25 years. Eglin will equip, occupy, operate from and maintain this building. The location of the facility provides Eglin with the improved capability to respond to both military and civilian aircraft emergencies on the airfield. Importantly it will enable the Air Force to respond within the established FAA criteria for civil aircraft emergencies. The Board approved soliciting a Request for Qualifications (RFQ) for Construction Administration and Inspection Services on the ARFF Station on April 1, 2014. The RFQ was due on May 30, 2014 and three firms submitted their information. The submittals were reviewed and ranked with AVCON, Inc. Being the highest ranking firm. Staff requests approval from the Board to negotiate a contract with AVCON, Inc. OPTIONS: Approve/Deny negotiating a contract with AVCON, Inc for Construction Administration for Aircraft Rescue & Fire Fighting (ARFF) Station. RECOMMENDATION: Staff recommends the Board approve negotiating a contract with AVCON, Inc for Construction Administration for Aircraft Rescue & Fire Fighting (ARFF) Station. RECOMMENDED BY: Packet Pg. 303 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 304  REQUEST FOR QUALIFICATIONS FOR CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES ON THE AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) STATION DEVELOPMENT LOCATED ON EGLIN AIR FORCE BASE, FL RFQ #: AP 50-14 RFQ DUE: MAY 30, 2014 @ 4:00 P.M. Packet Pg. 305  NOTICE TO PROPOSERS AP 50-14 REQUEST FOR QUALIFICATIONS FOR CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES ON THE AIRCRAFT RESCUE AND FIRE FIGHTING (ARFF) STATION DEVELOPMENT LOCATED ON EGLIN AIR FORCE BASE, FL The Okaloosa County Board of County Commissioners under the provisions of Section 287.055, Florida Statutes and County policy, request qualifications from agencies for “Construction Administration and Inspection Services on the Aircraft Rescue and Fire Fighting (ARFF) Station Development located on Eglin Air Force Base, FL.” Agencies desiring consideration should provide an original and six (6) copies of their Request for Qualifications (RFQ) with the agency’s areas of expertise identified. Submissions should be portrait orientation, unbound, and 8 ½” x 11” where practical. Guidelines detailing form and content requirements for the statement of qualifications are available by contacting Okaloosa County Purchasing Department, 602-C North Pearl St., Crestview, FL 32536, 850-689-5960, or download them from our website at http://www.co.okaloosa.fl.us/dept_purchasing.html. Submittals must be delivered to the Okaloosa County Purchasing Department at the address below no later than 4:00 p.m., May 30, 2014 in order to be considered. All submittals received after the stated time and date will be returned unopened and will not be considered. NOTE: Crestview, FL is not a next day guaranteed delivery location by most delivery services. Proposers using mail or delivery services assume all risks of late or non-delivery. All submittals must be in sealed envelopes reflecting on the outside thereof “Construction Administration and Inspection Services on the Aircraft Rescue and Fire Fighting (ARFF) Station Development located on Eglin Air Force Base, FL.” Failure to mark outside of envelope as set forth herein shall result in the submittal not being considered. The County reserves the right to award to the firm submitting a responsive proposal with a resulting negotiated agreement that is most advantageous and in the best interest of Okaloosa County, and to waive any irregularity or technicality in proposals received. Okaloosa County shall be the sole judge of the proposal and the resulting negotiating agreement that is in its best interest and its decision will be final. All submittals should be addressed as follows: Okaloosa County Purchasing Department 602-C North Pearl St Crestview, FL 32536 Zan Fedorak Purchasing Manager BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FL Charles K. Windes, Jr. Chairman Deputy Clerk Page 2 Packet Pg. 306  SCOPE OF WORK INTRODUCTION– The Okaloosa County Board of County Commissioners is soliciting Statements of Qualifications from interested firms detailing their technical and financial qualifications to design a new Aircraft Rescue and Fire Fighting (ARFF) Station located on Eglin Air Force Base, FL. Okaloosa County plans to retain professional architect/engineer (A/E) services to administer and inspect third-party construction of the Aircraft Rescue & Firefighting (ARFF) Station at Eglin Air Force Base. The scope of professional services includes, but is not limited to, the following: 1. Administration of construction contract with selected general contractor to include weekly progress meetings, quarterly reports, site visits, review of submittals, review of contractor pay applications, clarification of construction documents, preparation of change orders, and other administrative items as needed; 2. Coordination with regulatory agencies; 3. Coordination with Eglin Air Force Base regarding utilities furnished and installed by Eglin Air Force Base; 4. Full-time inspection of the construction work to include coordination of material acceptance testing, verification of completed quantities, reviews of construction schedule; and 5. As-built surveying and material acceptance testing. Consultant’s qualification submissions are limited to no more than 20 pages. Consultant’s proposal shall demonstrate ability to coordinate with Eglin Air Force Base Civil Engineering Squadron and Eglin Air Force Base Fire Department. Consultant shall also demonstrate thorough knowledge of FAA AC 150/5210-15A Aircraft Rescue and Firefighting Station Building Design, International Building Code 2009, National Electric Code 2008, and National Fire Protection Association standards. Consultant shall be required to comply with Okaloosa County DBE goals and federal and state grant assurances. The new building shall comply with all Federal, State and local codes including, but not limited to building construction and stormwater management requirements. An elevator meeting all current ADA compliance criteria is to be included. Page 3 Packet Pg. 307 A Building Safety System, including the fire sprinkler system and Fire Alarm System shall be required in accordance with all applicable local, state and federal codes and regulations. The new building shall be ADA compliant. All necessary internal and external signage is to be included in the design. The successful proposer will be responsible for field measurements of the proposed site and analyze space for layout, utilization and any limitations. The successful proposer will be required to meet with designated Okaloosa County Airports and Eglin Air Force Base representatives to determine the space, size and use requirements. REQUESTED SERVICES – Following selection of a design firm, that firm shall work with Okaloosa County to develop a new Aircraft Rescue & Firefighting (ARFF) Station that will serve the needs of the Okaloosa County Airports and Eglin Air Force Base. Improvements contemplated with this contract will include site and building improvements. The selected firm shall have sole responsibility for compliance with all applicable local, state and federal codes and design requirements. OWNERSHIP & USE OF DOCUMENTS – The design services required for the completion of the work constitute a work for hire. All rights to intellectual property in any documents, drawings, specifications and electronic data generated in the course of providing such service are the property of the Owner. The Owner agrees that drawings, specifications, and electronic data shall be not used for any other project but shall be available for use by the Owner for future additions, alterations and remodeling to any structure that is subject to this project. The Design Firm and other providers of professional services shall be permitted to retain copies of the drawings, specifications and electronic data for informational purposes and reference in connection with the Owner’s use and occupancy of the project. The Design Firm shall not use the drawings, specifications or electronic data for any other projects, except by Owner’s prior written approval. The Design Firm and other providers of professional services on this project shall not be held liable for any changes or modifications to the drawings and specifications made by the Owner after termination of this agreement. After successful completion of this agreement, the Owner shall retain possession of the drawings and specifications as provided herein and shall be entitled to use of the drawings, specifications, and electronic data furnished by the Design Firm without the written permission of the Design Firm. EVALUATION/SELECTION OF PROPOSALS – A Selection Review Committee appointed by the Board of County Commissioners will evaluate all proposals received and: 1. Prepare an alphabetical listing of those proposers determined to be interested and available. Evaluate the proposals meeting minimum submission criteria based upon qualifications and conduct discussions with those firms deemed to be the most highly Page 4 Packet Pg. 308  qualified to provide the services required. Each of the firms will be required to execute the Truth-In-Negotiation certificate as defined in Florida Statutes 287.055. Selection as best qualified will be based on the following considerations: a. Responsiveness of the proposal clearly stating an understanding of the work to be performed for the County. b. Firm’s reputation and competence, including technical education and training, experience in similar type projects, availability of adequate personnel, equipment and facilities and the extent of repeat business of the firm. c. Current workload. d. Financial responsibility. e. Ability to observe and advise whether plans and specifications are being complied with. f. Past record of professional accomplishments. g. Previous experience with Okaloosa County Board of County Commissioners. h. Familiarity with the proposed project area. i. Qualifications of personnel assigned to the program. j. Experience with programs similar in size and scope to those herein proposed. k. Firm’s capability to meet schedules. l. Willingness to meet time and budget requirements. m. Geographic location of the firm, including permanent office of staff and project management team. 2. Review of all proposals received will proceed as follows: a. The Selection Committee will review all written documents submitted. b. The committee’s ranking of prospective firms shall be based on the firm’s capabilities, ability, and adequacy of personnel, past record, recent experience, current workload and location of the firm or individual as provided in the submittal. c. The Selection Committee may call for presentations by the top ranks firms. Page 5 Packet Pg. 309  3. Negotiations between the Selection Committee, or the Committee Designee, and the priority proposers (the proposers ranked highest on the Board approved ranking list) that will proceed as follows: a. Negotiations will be held with the highest ranked proposer. b. If no agreement can be reached with the highest ranked proposer, then negotiations will commence with the 2nd highest ranked proposer. c. If no agreement can be reached with the 2nd highest ranked proposer, then negotiations will commence with the 3rd highest ranked proposer. d. If no agreement is reached with the 3rd highest ranked proposer, then the Committee shall return to the Board to report such and recommend that a new ranking list be established from among the other proposals submitted. If for any reason, said procedure is not feasible, the Committee shall seek direction from the Board as to how to proceed further. 4. Presentation of the agreements by the Selection Committee to the Board for approval. The Executive Summary shall inform the Board as to the terms, conditions, and costs associated with the contracts. 5. Upon approval of the agreement by the Board, execution of a formal written agreement prior to commencement of the work associated with the contract. 6. Direct contact one-on-one with the Committee members or the Board of County Commissioners is not allowed. Selection will be on the basis of professional qualifications and experience. Failure to comply with this requirement can result in disqualification. a. The Selection Review Committee will evaluate and rank all proposals meeting the minimum submission requirements and enter into formal negotiations with said firms. Firms will be notified of dates and times of any interviews. PROPOSAL OPENING – Names of firms that submit a qualifications proposal on or before the date specified herein shall be available to the public once the submittal deadline has passed. It is the proposer’s responsibility to assure that his proposal is delivered at the proper time and place. Offers by telegram, facsimile or telephone are NOT acceptable. Note: Crestview, Florida is “not a next day guaranteed delivery location” by delivery services. Page 6 Packet Pg. 310  SPECIAL CONDITIONS 1. Applicable Laws and Regulations - The proposers attention is directed to the fact that all applicable state laws, county municipal ordinances, orders, rules and regulations of all authorities having jurisdiction over project shall apply to the proposal throughout, and they will be deemed to be included in the contract the same as though they are written out in full herein. Special attention shall be applied to ensure that the building and all modifications to it are compliant with the current ADA codes. 2. Review of Job Site – for technical information or to see the project site, contact Tracy Stage, Okaloosa County Airports, 850-651-7160; 8:00a.m. – 5:00p.m., Monday – Friday. 3. Proposal Information - Questions concerning proposal requirements or specifications should be directed to the Okaloosa County Purchasing Department, 602-C North Pearl Street, Crestview, Florida 32536, at 850-689-5960. Any changes by the County to specifications shall be in writing in the form of an addendum and furnished to all proposers. Verbal information obtained otherwise will not be considered in awarding of the proposal. 4. Right to Waive and Reject A. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Services Manager to emphasize this condition to potential proposers. B. There is no obligation on the part of the County to award the proposal to the lowest proposer, and the County reserves the right to award the proposal to proposer submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa county, and to reject any and all proposals or to waive any irregularity or technicality in proposals received. Okaloosa County shall be the sole judge of the proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final. C. The Board of County Commissioners reserves the right to waive any informalities or reject any and all proposals, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this proposal and to accept the proposal that in its judgment will best serve the interest of the County. D. The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will normally reject those that made it impossible to determine the true amount of the proposal. Page 7 Packet Pg. 311 7. Disqualification of Proposers - Any of the following reasons may be considered as sufficient for the disqualification of a proposer and the rejection of his proposal or proposals: A. More than one proposal for the same work from an individual, firm or corporation under the same or different name. B. Evidence that the proposer has a financial interest in the firm of another proposer for the same work. C. Evidence of collusion among proposers. Participants in such collusion will receive no recognition as proposers for any future work of the County until such participant shall have been reinstated as a qualified proposer. D. Uncompleted work that in the judgment of the County might hinder or prevent the prompt completion of additional work if awarded. E. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement of proposals. F. Default under previous contract. G. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. 8. Conditional and Incomplete Proposals - The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will normally reject those that make it impossible to determine the true amount of the proposal. 9. Investigation of Proposer - The owner may make such investigations as he deems necessary to determine the stability of the Proposer to perform the work and that there is no conflict of interest as it relates to the project. The proposer shall furnish to the owner any additional information and financial data for the purpose as the owner may request. The data shall include a detailed and up-to-date list of plant equipment and materials which proposer proposes to use, indicating which portions he already possesses and a detailed description of the method and program or work to be done. 10. Preparation of Proposals - Proposals must be submitted upon the prescribed forms provided herein. All blank spaces must be filled in as noted in ink or typed in both words and numbers with the amounts extended and totaled. No changes shall be made in phraseology of the form or in the items mentioned therein. In case of any discrepancy between the written amount and the figures, the written amounts shall govern. Any proposal Page 8 Packet Pg. 312  may be rejected which contains any omissions, erasures, alterations, additions, irregularities of any kind, or items not called for or which shall in any manner fail to conform to the conditions of published notice inviting proposals. 11. Indemnification & Hold Harmless - To the fullest extent permitted by law, Contractor shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this contract. Note: For proposer's convenience, this certification form is enclosed and is made a part of the proposal package. 12. Conflict of Interest - The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their proposal the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its' agencies. Furthermore, all respondents must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. Furthermore, the official, prior to or at the time of submission of the proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County if he is an officer or employee of the County, disclosing his or spouses or child's interest and the nature of the intended business. Note: For proposer's convenience, this certification form is enclosed and is made a part of the proposal package. 13. Identical Tie Proposal - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals that are equal with respect to price, quality and service are received by the County for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process (see attached certification form). Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. Note: For proposer's convenience, this certification form is enclosed and is made a part of the proposal package. 14. Public Entity Crime Information - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Page 9 Packet Pg. 313  proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 15. Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a contract to provide goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 16. Proposal Opening Information - Proposal Opening shall be public, on the date and time specified on the proposal form. It is the proposer's responsibility to assure that his proposal is delivered at the proper time and place. Offers by telegram, facsimile, or telephone are NOT acceptable. NOTE: Crestview, Florida is "not a next day guaranteed delivery location" by delivery services. 17. No Contact Clause – The Okaloosa County Board of County Commissioners have established a solicitation silence policy (No Contact Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (Formal Bids, Requests for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The Period commences when the procurement document is received and terminates when the Board of County Commissioners approves the award. Note: For proposer’s convenience, the certificate form is enclosed and is made part of the bid package. 18. Protection of Resident Workers – The Okaloosa County Board of County Commissioners actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verifications, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verifications. The contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Okaloosa County reserves the right to request documentation showing compliance with the requirements. Contractors doing construction business with Okaloosa County are required to use the Federal Government Department of Homeland Security’s website and use the E-Verify Page 10 Packet Pg. 314 Employment Eligibility Verifications System to confirm eligibility of all employees to work in the United States. Page 11 Packet Pg. 315  INSURANCE REQUIREMENTS Contractor’s Insurance A. The CONTRACTOR shall not commence any work in connection with this Agreement until he has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Management Director. B. All insurance policies shall be with insurers licensed to do business in the State of Florida, and any insuring company is required to have a minimum rating of A, Class X in the Best Key Rating Guide published A. M. Best & Co., Inc. C. All insurance shall include the interest of all entities names in and its respective agents, consultants, servants and employees of each and all other interests as may be reasonably required by Okaloosa County as Additional Insured. The coverage afforded the Additional Insured under this policy shall be primary insurance. If the Additional Insured have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance. D. The County of Okaloosa shall be listed as Additional Insured by policy endorsement on all insurance contracts applicable to this Agreement except Workers’ Compensation and Professional Liability. E. The County of Okaloosa shall be furnished proof of coverage by certificates of insurance (COI) and endorsements for every applicable insurance contract required by this Agreement. The COI’s and policy endorsements must be delivered to the County Representative not less than ten (10) days prior to the commencement of any and all contractual agreements between the County of Okaloosa and the CONTRACTOR. F. The County shall retain the right to reject all insurance contracts that do not meet the requirement of this Agreement. Further, the County reserves the right to change these insurance requirements with 60-day notice to the CONTRACTOR. G. The insurance definition of Insured or Additional Insured shall include Subcontractor, Sub-subcontractor, and any associated or subsidiary companies of the CONTRACTOR, which are involved, and which is a part of the contract. H. The County reserves the right at any time to require the CONTRACTOR to provide certified copies of any insurance policies to document the insurance coverage specified in this Agreement. I. The designation of CONTRACTOR shall include any associated or subsidiary company which is involved and is a part of the contract and such, if any Page 12 Packet Pg. 316  associated or subsidiary company involved in the project must be named in the Workers’ Compensation coverage. J. All policies shall be written so that the County will be notified of cancellation or restrictive amendments at least thirty (30) days prior to the effective date of such cancellation or amendment. Such notice shall be given directly to the County Representative. Workers’ Compensation Insurance 1. The CONTRACTOR shall secure and maintain during the life of this agreement Workers’ Compensation insurance for all of his employees employed for the project or any site connected with the work, including supervision, administration or management, of this project and in case any work is sublet, with the approval of the County of Okaloosa, the CONTRACTOR shall require the Subcontractor similarly to provide Workers’ Compensation insurance for all employees employed at the site of the project, and such evidence of insurance shall be furnished the County of Okaloosa not less than ten (10) days prior to the commencement of any and all sub-contractual agreements which have been approved by the County of Okaloosa. 2. Such insurance shall comply with the Florida Workers’ Compensation Law. 3. Coverage shall include a waiver or subrogation clause in favor of Okaloosa County. Also, this endorsement must be indicated on all Certificates of Insurance. Business Automobile and Commercial General Liability Insurance A. The CONTRACTOR shall maintain Business Automobile Liability insurance coverage throughout the life of this Agreement. The insurance shall include Owned, Non-Owned & Hired motor vehicle coverage. B. The CONTRACTOR shall carry other Commercial General Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. C. In addition to the required coverage in B. above, Commercial General Liability coverage shall include the following: 1.) On and Off Premises Operation Liability 2.) Personal Injury Liability Insurance 3.) Independent Contractor Liability 4.) Completed Operations and Products Liability Page 13 Packet Pg. 317  D. The CONTRACTOR shall agree to maintain in force Commercial General Liability Insurance including Completed Operations and Products Liability coverage for at least two (2) years following acceptance of the project by the COUNTY. E. All liability insurance (other than Professional Liability) shall be written on an occurrence basis and shall not be written on a claim-made basis. If the insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Agreement. If, as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the LIMITS OF LIABILITY, the CONTRACTOR shall notify the County representative in writing. The CONTRACTOR shall purchase additional liability insurance to maintain the requirements established in this Agreement. Umbrella or Excess Liability insurance can be purchased to meet the Limits of Liability specified in this Agreement. Limits of Liability The insurance required shall be written for not less than the following limits unless law requires higher amounts: COVERAGE LIMIT A. Workers Compensation 1.) State Statutory 2.) Employers Liability $1 million each accident B. Business Automobile $1 million each occurrence (Combined Single Limit) C. Commercial General Insurance $1 million each occurrence (Combined Single Limit) D. Professional Liability $1 million each occurrence (Combined Single Limit) E. Personal and Advertising Injury $250,000 Owner & Contractor’s Protective Liability In addition to the liability requirements above, the CONTRACTOR shall, at his expense, provide an Owner and CONTRACTOR’s Protective Liability insurance policy issued in the name of the OWNER and ENGINEER. Coverage shall be provided under this policy for not less than the following amounts: A. Bodily Injury $1 million each occurrence Page 14 Packet Pg. 318  B. Property Damage $1 million each occurrence Property Insurance CONTRACTOR shall purchase and maintain property insurance upon the Work at the site in the amount of the full replacement cost. Any deductible amount is the responsibility of the CONTRACTOR. This insurance shall (1) include as an insured the OWNER, CONTRACTOR, ENGINEER and any others who have an insurable interest, (2) be written on a Builder’s Risk special cause of loss policy form; (3) include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); (4) cover materials and equipment stored on the site or at another location that was agreed on in writing by the OWNER prior to being incorporated in the Work; (5) allow for partial utilization of the work by the OWNER; (6) include testing and startup; and, (7) be maintained in effect until final payment is made unless otherwise agreed to in writing by the OWNER, CONTRACTOR and ENGINEER with 30-day written notice to each other entity to whom a certificate of insurance has been issued. Notice of Claims or Litigation The CONTRACTOR agrees to report any incident or claim that results from performance of this Agreement. The County representative shall receive written notice in the form of a detailed written report describing the incident or claim within ten (10) days of the CONTRACTOR’s knowledge. In the event such incident or claim involves injury and/or property damage to a third party, verbal notification shall be given the same day the CONTRACTOR becomes aware of the incident or claim followed by a written detailed report within ten (10) days of verbal notification. Indemnification and Hold Harmless To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. Certificate of Insurance A. Certificates of insurance, in duplicate, indicating the job site and evidencing all required coverage must be submitted to and approved by Okaloosa County prior to the commencement of any of the work. The certificate holder(s) shall be as follows: Page 15 Packet Pg. 319  Okaloosa County 602-C North Pearl Street Crestview, Florida 32536 B. All policies shall expressly require 30 days written notice to Okaloosa County at the address set out above, or the cancellations of material alterations of such policies, and the Certificates of Insurance, shall so provide. C. All certificates shall be subject to Okaloosa County’s approval of adequacy of protection and the satisfactory character of the Insurer. D. The Certificates of Insurance shall disclose any and all deductibles or self-insured retentions (SIRs). County requests that all deductibles or SIRs be no greater than $10,000. However, CONTRACTORS having insurance with higher deductibles may submit a proposal without penalty reflecting the pricing for their deductible provided that CONTRACTOR also submits a brief company financial statement. E. In no way will the entities listed as Additional Insured be responsible for, pay for, be damaged by, or limited to coverage required by this schedule due to the existence of a deductible or SIR. Specific written approval from Okaloosa County will only be provided upon demonstration that the CONTRACTOR has the financial capability and funds necessary to cover the responsibilities incurred as a result of the deductible or SIR. F. In the event of failure of the CONTRACTOR to furnish and maintain said insurance and to furnish satisfactory evidence thereof, Okaloosa County shall have the right (but not the obligation) to take out and maintain insurance on the project. All costs for the coverage will be paid by CONTRACTOR upon presentation of a bill. General Terms Any type of insurance or increase of limits of liability not described above which the CONTRACTOR required for its own protection or on account of statute shall be its own responsibility and at its own expense. The carrying of the insurance described shall in no way be interpreted as relieving the CONTRACTOR of any responsibility under this contract. Should the CONTRACTOR engage a subcontractor or sub-subcontractor, the same conditions will apply under this Agreement to each subcontractor and sub-subcontractor. The CONTRACTOR hereby waives all rights of subrogation against Okaloosa County and its consultants and other indemnities of the CONTRACTOR under all the foregoing policies of insurance. Page 16 Packet Pg. 320 Umbrella Insurance The CONTRACTOR shall have the right to meet the liability insurance requirements with the purchase of an umbrella insurance policy. In all instances, the combination of primary and umbrella liability coverage must equal or exceed the minimum liability insurance limits stated in this Agreement. Page 17 Packet Pg. 321  INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. ____________________________ __________________________ Proposer’s Company Name Authorized Signature – Manual ____________________________ __________________________ Physical Address Authorized Signature – Typed ____________________________ __________________________ Mailing Address Title ____________________________ __________________________ Phone Number FAX Number ____________________________ __________________________ Cellular Number After-Hours Number(s) ____________________________ DATE Page 18 Packet Pg. 322  CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all proposers, must disclose if any Okaloosa Board of County Commissioner, employee(s), elected officials(s), or if any of its agencies is also an owner, corporate officer, agency, employee, etc., of their business. Indicate either “yes” (a county employee, elected official, or agency is also associated with your business), or “no”. If yes, give person(s) name(s) and position(s) with your business. YES______________ NO______________ NAME(S) POSITION(S) FIRM NAME: _____________________________________ BY (PRINTED): _____________________________________ BY (SIGNATURE): _____________________________________ TITLE: _____________________________________ ADDRESS: _____________________________________ _____________________________________ PHONE NO. _____________________________________ E-MAIL _____________________________________ Page 19 Packet Pg. 323  DRUG-FREE WORKPLACE CERTIFICATION THE BELOW SIGNED PROPOER CERTIFIES that it has implemented a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified in subsection 1. 4. In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under quote, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, drug abuse assistance or rehabilitation program if such is available in employee’s community, by any employee who is convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, I certify that this firm complies fully with the above requirements. DATE: _______________________ SIGNATURE: ____________________ COMPANY: _______________________ NAME: _________________________ (Typed or Printed) ADDRESS: _______________________ TITLE: _________________________ _______________________ E-MAIL: ________________________ _______________________ PHONE NO.: _______________________ Page 20 Packet Pg. 324  NO CONTACT CLAUSE The Board has established a solicitation silence policy (No Contact Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (formal bids, Request for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences when the procurement document is received and terminates when the Board approves an award. When the solicitation silence period is in effect, no oral or written communication is allowed regarding the solicitation between prospective bidders/proposers and members of the Board, the County Administrator or members of the Board Approved Review Committee. All questions or requests for information regarding the solicitation must be directed to the designated Purchasing Representative listed in the solicitation. Any information thought to affect the committee or staff recommendation submitted after bids are due, should be directed to the Purchasing Director or his appointed representative. It shall be the Purchasing Director’s decision whether to consider this information in the decision process. Any violation of this policy shall be grounds to disqualify the proposer from consideration during the selection process. All proposers must agree to comply with this policy by signing the following statement and including it with their submittal. I representing _____ Signature Company Name On this ______ day of __________, 2014 hereby agree to abide by the County’s “No Contact Clause” and understand violation of this policy shall result in disqualification of my proposal/submittal. Page 21 Packet Pg. 325  LOCAL PREFERENCE DATA SHEET Okaloosa County grants a preference to in-county bidders only when bids are received from firms located in states, municipalities or other political subdivisions which offer preference to bidders located in such political subdivisions. The amount of preference given to local bidders will be the same as that given by the state, county, municipality or other political subdivisions in which the out-of-county bidder is located. If the political subdivision in which a bidder is located offers a preference to its local firms, that bidder must plainly state the extent of such preference to include the amount and type preference offered. Any bidder failing to indicate such preference will be removed from the County bid list and any and all bids from that firm will be rejected. Does the state, county, municipality or political subdivision in which your firm is located offer a preference to their local bidders? If “YES,” list below the extent of such preference. (If your firm is located in Okaloosa County, you will check “YES”-reciprocal only.) YES ___________________________ NO ________________________ If yes, you must identify how you confirmed this information or who you spoke with within your area of business location below: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ _____________________________ ____________________________ Bidder’s Company Name Authorized Signature – Manual ____________________________ Printed Name _____________________________ Date Page 22 Packet Pg. 326 Packet Pg. 327 Packet Pg. 328  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Approval to Pay Invoices for Services Provided by State Attorney DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: [PUR] Seeking Board approval for Court Admin to pay invoices for services provided by State Attorney. BACKGROUND & ANALYSIS: Court Administration requests Board consideration for payment of quarterly invoices for services provided by the Office of the State Attorney for the total amount of $3,969.00. These charges are incurred based on the Memorandum of Agreement (MOA) between the Office of the State Attorney, First Judicial Court and Office of Court Administrator, First Judicial Court. These invoices were previously paid by a requisition after receiving the invoice; however, current policy prevents that process. In addition, there will be another quarterly invoice received at the end of July for services rendered during the months of April, May, and June for the amount of $1,323.00. We are also requesting that this invoice be approved to be paid upon its receipt. Court Admin has a plan to do a purchase order for the $1323.00 in the month prior to the quarter and services being rendered to avoid this situation in the future. The MOA states the fee for Teen Court, Domestic Violence Court, and Mental Health Court will be $2,197. However, the billing is for $1,323 because they are no longer providing Teen Court Services, therefore, they do not bill for that service. Purchasing staff will assist Court Admin with an update to the MOA to address the fee amounts so that they correctly reflect amounts listed and services provided in the future. OPTIONS: Approve/Deny payment of existing invoices for services provided by the State Attorney for the total amount of $3969.00 and payment of future invoice for April, May, and June in the amount of $1,323.00 which will be received at the end of July. RECOMMENDATION: Staff recommends payment of existing invoices for services provided by the State Attorney for the total amount of $3969.00 and payment of future invoice for April, May, and June in the amount of $1,323.00 which will be received at the end of July. RECOMMENDED BY: Packet Pg. 329 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 330 Packet Pg. 331 Packet Pg. 332 Packet Pg. 333 Packet Pg. 334 Packet Pg. 335  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Requesting Approval for the Chairman to Sign Contract with Pinnacle (W&S RFP 40-14) DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: [PUR] Requesting approval for the Chairman to sign the contract with Pinnacle Data Services LLC for Utility Billing Outsourcing for Water & Sewer. BACKGROUND: Bids were opened on May 7, 2014 and five (5) bids were received. On May 20, 2014, the Board approved the award of the contract to Pinnacle Data Services LLC for Utility Billing Outsourcing. Pinnacle Data Services LLC is the lowest responsive bidder meeting the requirements for a monthly cost of $4,572 before postage. All contract documents have been received and are ready to be signed. (See attached.) The awarded contract will be for a term of three (3) years with three (3) one-year renewals. This contract will be for outsourcing the billing which consists of approximately 29,000 utility bills each month in addition to final and off-cycle bills. Funding will be available in the FY14/15 Water & Sewer budget account number 4101- 534306. We request the Board’s approval for the Chairman to sign the contract with Pinnacle Data Services LLC for Utility Billing Outsourcing. Full contract document can be viewed at: http://www.co.okaloosa.fl.us/doc/dept/purchasing/pinnacle.pdf. OPTIONS: Approve/Disapprove the request for the Chairman to sign contracts with Pinnacle Data Services LLC for Utility Billing Outsourcing for Water & Sewer. RECOMMENDATIONS: Staff recommends the Chairman sign the contracts with Pinnacle Data Services LLC for the Utility Billing Outsourcing for Water & Sewer. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 336 Packet Pg. 337 Packet Pg. 338 Packet Pg. 339 Packet Pg. 340 Packet Pg. 341  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Approval to Renew Contract with Warren Averett (C10-1809- FIN) DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: [PUR] Seeking Board approval to renew Contract with Warren Averett. (C10-1809-FIN) BACKGROUND & ANALYSIS: The existing contract with Warren Averett to provide audit services will expire on September 30, 2014. The contract has an option to renew for an additional one year period. This is the last year the renewal option is available. OPTIONS: Approve/Deny renewal of contract with Warren Averett for an additional year per the renewal option to be in effect until September 30, 2015. RECOMMENDATION: Staff recommends renewal of contract with Warren Averett for an additional year per the renewal option to be in effect until September 30, 2015. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 342 Packet Pg. 343  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Approval to Amend Sprint Contract (C06-1382-PUR) DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: [PUR] Board Approval of Amendment 1 and 2 of Sprint Contract (C06-1382-PUR). BACKGROUND & ANALYSIS: The existing contract with Sprint does not include an allowable charge for static internet protocol (IP) addresses. (Static IP addresses are computer addresses assigned by Information Systems to specific pieces of equipment which allow for better security of our network.) Amendment #1 adds the allowable charge for static IP addresses at $3 per line/per month. The old 3G modems are addressed in the previously approved rate plan at a rate of $26.99 without the $3 fee for static IP addresses. New 3G/4G modems are eligible for a reduced monthly charge that is not currently addressed on the existing contract. Amendment #2 will add 3G/4G modems at a reduced rate of $19.99. Amendments are attached. OPTIONS: Approve/Deny Sprint Contract Amendments 1 and 2 (C06-1382-PUR). RECOMMENDATION: Staff recommends approval of Sprint Contract Amendments 1 and 2 (C06-1382-PUR). RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 344 Packet Pg. 345 Packet Pg. 346 Packet Pg. 347 Packet Pg. 348 Packet Pg. 349 Packet Pg. 350  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Zan Fedorak SUBJECT: Seeking Approval Auction Surplus Items DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Purchasing seeks authorization from the Board to auction surplus items. BACKGROUND & ANALYSIS: The County has surplus items that are ready for disposal. (List attached.) Purchasing is seeking authorization from the Board to auction these items through our contracted auctioneer Global Enterprises (C14-2104-PUR). OPTIONS: Approve/Disapprove auction of surplus items through Global Enterprises. RECOMMENDATION: Staff recommends approving auction of surplus items. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 351 Packet Pg. 352 Packet Pg. 353 Packet Pg. 354  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Lazy Days Beach Rentals Qualified Beach Vendor Beach Vehicle Permit for 2014 DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: Approve a request from Ashley Curd owner of Lazy Days Beach Rentals, Inc. to obtain a Qualified Beach Vendor Beach Vehicle Permit to utilize limited public beach areas on Okaloosa Island in order to access the beach side property of the new Holiday Inn Resort on Okaloosa Island. This is a new application. BACKGROUND and ANALYSIS: Ashley Curd owner of Lazy Days Beach Rentals, Inc. has met the requirements specified in Ordinance No. 13-07, County Recreation Areas: Section 5. Permitted Vehicle on the Beach, Park, and Recreation Areas to obtain a Qualified Beach Vendor Beach Vehicle Permit (QBVBVP). Granting this request will permit said business limited public beach access on Okaloosa Island in a specified vehicle on scheduled dates/times. Public beach will be utilized to gain limited vehicle access to the beach side of the private property of the new Holiday Inn Beach Resort where Mr. Curd conducts his rental business. OPTIONS: Approve/Disapprove. RECOMMENDATION: Request Board approval of the Qualified Beach Vendor Beach Vehicle Permit 0046 for the calendar year of 2014 (14QBVBVP0046) to Ashley Curd owner of Lazy Days Beach Rentals, Inc. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 355 Revised: March 12, 2013 Qualified Beach Vendor Certificate Processing Check List √ New Applications Renewal Date Received: May 7, 2014 Company Name: Lazy Days Beach Rentals, Inc. Contact Person: Ashley Curd Phone #: (850) 689-0928 Email: lazydaysbeachrentals@gmail.com NA Application form NA $500 Application fee NA Designated Beach Area Permit NA Upland Property Owners Approval √ QBV Beach Vehicle Permit √ Vehicle insurance √ Vehicle registration √ $500 QBV Beach Vehicle Permit 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 √ Copy of Workman’s Comp. Insurance policy BCC Approval: _______________________ Packet Pg. 356  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Craig's Video, Photography, & Destin FL Beach Weddings Qualified Beach Vendor Certificate for 2014 DEPARTMENT: Public Works BCC DISTRICT: Two STATEMENT OF ISSUE: Approval of a request from Craig Garrison, owner of Craig’s Video, Photography, & Destin FL Beach Weddings, to obtain a Qualified Beach Vendor Certificate to conduct weddings, photography and video services on public beaches in Okaloosa County. This is a renewal application. BACKGROUND and ANALYSIS: Craig Garrison, owner of Craig’s Video, Photography, & Destin FL Beach Weddings, 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 (QBVC). Granting this request will permit said business to conduct commercial beach weddings, photography and video services on public beaches in Okaloosa County in accordance with any exceptions, restrictions, or provision the Board may impose. OPTIONS: Approve/Disapprove. RECOMMENDATION: Request Board approval of the Qualified Beach Vendor Certificate 0041 for the calendar year of 2014 (14QBVC0041) to Craig Garrison, owner of Craig’s Video, Photography, & Destin FL Beach Weddings. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 357 Revised: March 5, 2013 Qualified Beach Vendor Certificate Processing Check List New Applications √ Renewal Date Received: June 2, 2014 Company Name: Craig’s Video, Photography & Destin FL Beach Weddings Contact Person: Craig Garrison Phone #: (850) 678-1334/ (850) 974-2990 Email: cfgimage@aol.com 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. 358  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Island Sands Beach Service of NW 2014 Qualified Beach Vendor Certificate & QBV Beach Vehicle Permit DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: Approve a request from Brian Cox owner of Island Sands Beach Service of NW FL to obtain a Qualified Beach Vendor Certificate (QBVC) to provide beach chair and umbrella rentals on designated public beaches and a Qualified Beach Vendor Beach Vehicle Permit to access public beach areas on Okaloosa Island. This is a renewal application. BACKGROUND and ANALYSIS: Brian Cox owner of Island Sands Beach Service of NW FL has met the requirements specified in Ordinance No. 13-07, County Recreation Areas: Section 5. Permitted Vehicle on the Beach, Park, and Recreation Areas; Section 8: Commercial Activity on Public Lands: Section 10. Permit for a Designated Beach Property to obtain a Qualified Beach Vendor Certificate (QBVC) and Qualified Beach Vendor Beach Vehicle Permit (QBVBVP). Granting this request will permit said business to conduct commercial beach chair and umbrella rentals on designated public beaches and access the beaches of Okaloosa Island in a specified vehicle on scheduled dates/times. OPTIONS: Approve/Disapprove. RECOMMENDATION: Request Board approval of the Qualified Beach Vendor Certificate 0007 and Qualified Beach Vendor Beach Vehicle Permit 0007 for the calendar year of 2014 (14QBVC0007 & 14QBVBVP0007) to Brian Cox owner of Island Sands Beach Service of NW FL. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 359 Revised: March 12, 2013 Qualified Beach Vendor Certificate Processing Check List New Applications √ Renewal Date Received: May 15, 2014 Company Name: Island Sands Beach Service of NW FL Contact Person: Brian Cox Phone #: (850) 259-4896/ (850) 685-9483 Email: briancox@yahoo.com NA Application form √ $500 Application fee √ Designated Beach Area Permit √ Upland Property Owners Approval √ QBV Beach Vehicle Permit √ Vehicle insurance √ Vehicle registration √ $500 QBV Beach Vehicle Permit 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 √ Copy of Workman’s Comp. Insurance policy BCC Approval: _______________________ Packet Pg. 360 2014 QBVC0007 Brian Cox - Island Sands Beach Service of NW FL Designated Beach Area Upland Property Owner Location Name Permit Approval Bella Riva √ √ Island Mist √ √ Island Sands √ √ Island Surf √ √ Pelican Isle √ √ Vista Del Mar √ √ Packet Pg. 361  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Bullock Blvd vacation request DEPARTMENT: Public Works BCC DISTRICT: 5 STATEMENT OF ISSUE: Stephen Rose of Okaloosa Walton Development Co, requests to vacate a portion of Bullock Blvd. Mr. Rose has purchased several tracts of land which are accessed by this right-of-way to be vacated. If vacation is approved, Mr. Rose intends to acquire the vacated right-of-way from the adjacent landowners and use the right-of-way as a privately maintained access to a single family development. BACKGROUND: In February of 1968, Mr. Bill E. Boone and Reba Boone, husband and wife, granted the Board of County Commissioners a strip of right-of-way by warranty deed as recorded in the Official Records at Book 475, Page 343. This right-of-way is 42 feet in width and 154 feet in length. The purpose for the right-of-way was to provide access to property at 502 Bullock Blvd., which was a new home at the time of the right-of-way acquisition in 1968. This Bullock Blvd spur was paved sometime in the past and this led to encroachment of pavement outside the boundaries of the right-of-way. Mr. Stephen Rose now owns the property located at the south end of Bullock Blvd spur and his desire is to vacate this right-of-way and transform it into a private access to his future development. Mr. Rose intends to relocate the roadway so that it lies within the limits of right-of- way as a part of his development order to construct a single family residence subdivision. Mr. Rose was made aware that vacated right-of-way is divided down the centerline and added to the adjacent and contiguous properties lying along either side of the vacated right-of-way. The acquisition of the vacated right-of-way will be Mr. Rose responsibility after the vacation process. Mr. Rose is preparing the necessary instruments to acquire the vacated right-of-way from the adjacent landowners so that he can build an access entrance to his development. OPTIONS: Approve/Disapprove to schedule a Public Hearing to vacate right-of-way. RECOMMENDATIONS: Approve the request to schedule a Public Hearing to vacate the above mentioned right-of-way to be held July 15, 2014. RECOMMENDED BY: Packet Pg. 362 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 363 Packet Pg. 364 Packet Pg. 365 Packet Pg. 366 Packet Pg. 367 County R/W Bk. 475, Pg. 343 proposed to be vacated by Stephen Rose ELISE WHITTENBURG PROPERTY Future Development by Grand Oaks Place Townhomes Stephen Rose and Associates Plat Book 21, Page 48 Packet Pg. 368 Packet Pg. 369 Packet Pg. 370 Packet Pg. 371 Packet Pg. 372 Packet Pg. 373  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Securitas Contract C06-1315-TDD Final Payment DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Request approval of final payment for contract C06-1315-TDD, Securitas Security Services, in the amount of $288.00 for ECCC event security. BACKGROUND: One version of the Security Services Agreement executed in August 2006 has a contract label affixed with a 9/30/2007 expiration. Another version of the same agreement has a contract label affixed with an Indefinite expiration. Both versions contain language “will continue until terminated upon 30 days prior written notice”, as well as “Expires 9/30/2007 - Annual Renewed” in the additional information section. The County Attorney has advised based on the typed date of “expires 9/30/2007” in the additional information section, the contract needs to go out for bid and the most recent invoice needs Board approval as final payment under this contract. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve final payment in the amount of $288.00 on contract C06- 1315-TDD. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 374 Packet Pg. 375  CONTRACT CLOSE-OUT CHECKLIST (To Be Prepared by the Contracts and Lease Coordinator) DATE: 6-10-14 TO: Contracts & Grants Manager, Finance Department Contracts & Grants Office SUBJECT: Contract No. C06-1315-TDD MANAGING DEPARTMENT: TDD CONTRACTOR'S NAME: SECURITAS PROJECT TITLE: SECURITY SERVICES The attached has met the final payment contract requirement in subject contract. Yes No 1. Final Invoice ~ D 2. Completed Contract/Lease Payment Approval Form ~ D 3. Close-Out Documents Yes No N/A a. Signed Release of Lien D D ~ b. Proof of Completion Advertisement D D ~ c. Certificate of Insurance D D ~ d. Consent of Surety to Final Payment D D ~ e. Proof of Performance/Payment Bond D D ~ Continuation 12 Months Following Final Payment Yes No 4. Agenda Request ~ D 5. Remarks ~-JD-/'f- I DATE Packet Pg. 376 Securitas S~curity Services USA, Inc. Ft Walton Beach - 09603 Customer# 2070005566 425 Hollywood Blvd. Mary Esther, FL 32569-2071 PO# 850-478-6160 Invoice# E2892037A $ 288.00 E01 Invoice Date 04/11/2014 EMERALD COAST CONFERENCE CTR Invoice Period 04/04/14 - 04/10/14 Peggy Blanton . Terms: Net Due Dept: 09603 1250 MIRACLE STRIP PKWY S.E. Page 1 • Upon Receipt Bus Lie: FORT WAL TON BEACH FL 32548 Subject to 1.5% monthly finance Tax ID: 71-0912217 charge 1f not paid by 05/11/2014 Site: Athletic Championship 1250 MIRACLE STRIP PKWY S.E. FT WAL TON BEACH FL 32548 Store # TEMP Hours Rate Description Qty Unit Price Subtotal Total Guard Services 003 - Straight - SECURITY OFF 16.00 ~ ~ 18.000 ./ $ 288.00 Total - Guard Services 16.00 $ 288.00 Invoice Recap 1250 MIRACLE STRIP PKWY s FT WAL TON BEACH FL 32548 Store# TEMP Total - Guard Services $ 288.00 Invoice Amount $ 288.00 ---------------------------------------------------------------------------------- Please tear along perforation and return Remittance Advice with your payment to the address below ------------------------------------------------- ----------------------- Ft Walton Beach - 09603 Remittance Advice 425 Hollywood Blvd. Invoice# E2892037A Mary Esther, FL 32569-2071 850-478-6160 Invoice Total $ 288.00 Invoice Date 04/11/2014 E01 Subject to 1.5% monthly finance charge if not paid by 05/11/2014 Amount Paid $ Dept: 09603 Remit To: Customer# 2070005566 Comments EMERALD COAST CONFERENCE CTR Phone # 850-609-3920 Securitas Security Services USA, Inc. P.O. Box 403412 Atlanta GA 30384-3412 PO# Packet Pg. 377 INSTALLATION: _ _ _ __ s£ G"If rfd:":SPERIOD SIGN-IN REGISTER Job No.: _ _ _ _ _ _ _ __ Post No.: _ _ _ _ __ To: _ _ _ _ _ _ _ _ _ _ _ __ SUP I PRINT NAME TIME OUT SIGNATURE SIG. 17£D~5TPAY /f ) 4c _ , ~- I I I -t-------------~----+-----+-----+-----------'f--- 1 : I i I l 1 I --l-----~-----1----·-------+----j --·-+ I f 1----------------+-----------+-----l-------r-----~-----------+---I I I I- t- - ''' - · - - - - - - - - + - - - - - 1 - - - - - - i - - - - - + - - - - - - - - - · - - - + - - - - I I ~----------~-----1-------'-------+------~-----·-----+- '--------------------------+----+- ~-----~ -!-· -- L-------·------~------ -- I -------+------ -------!------+-------'-- 1 r-- --- . I - -----r-I I I i - t- ' 1 l- ------·---~- - -- - - - - - - - - - - - - - - + - - ~ I I I ______ l..___ _ -----------t-----1------+----------~----t------- I I i I ------1 - - - - - - - - - - - + - - NOT!::: Security Officers and working Supervisors are expected to report to work in uniform and prepared to assume duties at the scheduled starting time. The "Time-In·' column will show the actua: shift start ng time, unless you are late in assuming duties or were specifically requested by the Supervisor to start earlier, in which case the late starting time or requested earlier starting time will be shown. The "Time-O·ut" columr: will show the scheduled shift ending time, unless permission is received from the Supervisor to leave earlier, or requested by the Supervisor to work later. Actual ending time will be shown also when relieved late by your replacement or when overtime is necessary for emergency reasons and prior authority could not be obtained. 'iv-11(2'15/93)74114 Page No.---·-------- _ _ _ _ _ _ _ _ _ __ Packet Pg. 378 Charlotte Dunworth From: Joanne Kublik Sent: Tuesday, June 03, 2014 11: 19 AM To: Peggy Blanton Cc: Zan Fedorak; Greg Stewart; 'Marcella B. Eubanks'; Charlotte Dunworth; Ed Schroeder; Jack Allen Subject: Securitas I spoke with Greg regarding the Securitas agreement. He says this contract needs to go out for bid and that to get the invoice paid, it will have to go to the Board for approval. Although the original agreement states language that Jack and I interpreted as indefinite, Greg's decision is based on the date typed in "09/30/2007". Jo Joanne Kublik, Contracts and Lease Coordinator Okaloosa County Purchasing Department 602-C North Pearl Street Crestview, Florida 32536 (850) 689-5960 iJsu blik@co.okaloosa.fl.us Please note: Due to Florida's 'ery broad public records laws, most written communications to or from County employees regarding County busim'ss are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subjfft to public disclosure. 1 Packet Pg. 379 Charlotte Dunworth From: Marcella B. Eubanks [MEubanks@clerkofcourts.cc] Sent: Wednesday, May 28, 2014 7:34 AM To: Zan Fedorak Cc: Charlotte Dunworth; Ashley S. Endris; Olivia Tanner; Jack Allen; Joanne Kublik Subject: RE: Securitas .pdf Zan, did the contract expire 9-30-2007? Or, is it indefinite? If the contract is indefinite, please send us the original of the agreement Jack references below from Purchasing's record. Thank you From: Jack Allen [mailto:jallen@co.okaloosa.fl.us] Sent: Tuesday, May 27, 2014 4:01 PM To: Marcella B. Eubanks; Zan Fedorak; Joanne Kublik Cc: Charlotte Dunworth; Ashley S. Endris; Olivia Tanner Subject: RE: Securitas .pdf All, Here's some historical information ... Upon further review of our hard file I found an Exhibit B form submitted by John Christopher on 1/18/2006 that indicates "EXPIRES INDEFINITE" in the term space. The initial label affixed to the contract signed on 1/18/2006 shows an expiration date of 9/30/2006. Then there is another agreement that was signed on 8/8/2006 that updated the commence date from "CALL" to 10/01/2006 and the language under the "Additional Information" section. The label affixed to this agreement states "INDEFINITE" and had the " ... and will continue until terminated upon 30 days ... " highlighted. Which would indicate that John converted this to an indefinite contract based on that language and it has been maintained as indefinite. During that time neither party has given written notice to terminate. Hope this helps. Thanks, Jack 1 Packet Pg. 380  EXHIBIT B CONTRACT, LEASE, AGREEMENT CONTROL FORM Date: 1118.12006 Canlra<;tlLease Control "' CllS-1315-TD I-73 Sid#; NIA Contract'Lease Typ11: AGREEMENT Award To.fl.es"""' SECURITAS Lessor: Efulclive Date: 111B.f2006 1'>10,000.00 Term: EXPIRES INDEFINITE Des.crlplio11 of C<>ntrac;li'LeOl&e; ECCC EVENT SECURITY Depar!menl Man~g~r; TOC 0.:partmtnt Monitor: D. JONESIB. L.E'AMAN Monitor's Telepl1amt II: 651-7131 MonilOl':l, FAX II: 6$1-7149 Date Closed: From: Marcella B. Eubanks [mailto:MEubanks@clerkofcourts.cc] Sent: Tuesday, May 27, 2014 2:26 PM To: Zan Fedorak; Joanne Kublik; Jack Allen Cc: Charlotte Dunworth; Ashley S. Endris; Olivia Tanner Subject: FW: Securitas .pdf Good afternoon, we have not received a response to this inquiry. We are returning the pay request to the Department. Thank you Marcella B. Eubanks Contracts and Grants Manager Okaloosa County Clerk of Circuit Court Contracts and Grants 1804 Lewis Turner Boulevard, Suite 206 Ft. Walton Beach, FL 3254 7 Tel: (850) 651-7200 x 4381 From: Marcella B. Eubanks Sent: Thursday, May 22, 2014 2:12 PM To: Zan Fedorak; Joanne Kublik; Jack Allen 2 Packet Pg. 381 Cc: Ashley S. Endris; Olivia Tanner Subject: RE: Securitas .pdf Hello, we need definitive direction on this. Initial email question below from April 4, 2014. Today, we received a pay request under the Addendum/Amendment/Renewal to contract, C06-1315-TDD and cannot approve. How can the agreement Addend/Amend/Renew without a "Renewal" or Modification to extend the original agreement that expired 9-30-2007? We have attached the FYE 9-30-2006 Agreement from our file along with the 9-30-2007 FYE Agreement. We have also attached Purchasing's agreement 9.30.07 that indicates it is Indefinite, this office has no record of that document. Thank you for your help. -----Original Message----- From: Marcella B. Eubanks [mailto:MEubanks@clerkofcourts.cc] Sent: Thursday, April 10, 2014 9:35 AM To: 'Joanne Kublik' Subject: RE: Securitas .pdf I don't think so because of what is typed under additional information. -----Original Message----- From: Joanne Kublik [mailto:jkublik@co.okaloosa.fl.us] Sent: Thursday, April 10, 2014 7:06 AM To: Marcella B. Eubanks Subject: Securitas .pdf This is what I found. Does this work? Joanne Kublik, Contracts and Lease Coordinator Okaloosa County Purchasing Department 602-C North Pearl Street Crestview, Florida 32536 (850) 689-5960 jkublik@co.okaloosa.fl.us 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: Joanne Kublik [mailto:jkublik@co.okaloosa.fl.us] Sent: Thursday, April 10, 2014 7:04 AM To: Marcella B. Eubanks Subject: RE: Securitas Agreement 3 Packet Pg. 382 1'.11 be sending you what I found in the file to support the "Indefinite" term. Keep watching those e-mails! Joanne Kublik, Contracts and Lease Coordinator Okaloosa County Purchasing Department 602-C North Pearl Street Crestview, Florida 32536 (8:10) 689-3960 jl5t1 bJ i is..'.'l'cQ.oi5a Jl>osa.fl. us Please note: Due to Florida's Yery broad public records laws, most written communications to or from County employees reg-arding- County business are public records, a\·ailable to the public and media upon ncquest. Therefore, this written e-mail rnmmunication, including- your e-mail address, may be subject to public disclosure. From: Marcella B. Eubanks [mailto:MEubanks@clerkofcourts.cc] Sent: Friday, April 04, 2014 11:55 AM To: Zan Fedorak; Jack Allen; Joanne Kublik Cc: Olivia Tanner Subject: Securitas Agreement Good morning, we are in receipt of the attached C06-1315-TDD Securitas Addendum/Amendment/Renewal and note: 1. Our file began with the C06-1315-TD1-73 agreement signed by Richard B. 1-18-2006, with an expiration of 9-30- 2006; annual renewal. 2. The same agreement on the Purchasing site has a different label and indicates Indefinite. 3. We also have in our file C06-1315-TD2-73 agreement signed by Richard B. 8-8-06, with an expiration of 9-30- 2007; annual renewal. We have no record of any renewal past 9-30-2007 and we have no record to close the file from Purchasing. How can we process this new Addendum/Amendment/Renewal as Indefinite without a change in the terms, when the last original on hand reads Expires 9/30/2007-Annual Renewed? Thank you for your help. 4 Packet Pg. 383  • • SECURITY SERVICES AGREEMENT Local ComPllny Otllce lnfonnatlon Contract #: 2070005566 Street: 11 E. Qive Rood. Suite 101 SECURITY SERVICES AGREEMENT {"Agreement") between City, State, Zip: Pensacola, FL 32514 EMERALD COAST CONFERENCE CENTER ("Clienr) Phone: 850/478-6160 Fax: ~850/~47_6=_5~70~1_ _ __ and Securitas Security Services USA, Inc. ("Company") is dated as of~ RC# or Corp. Loe. 1:=063=8=0'----------- AUGUST , 2006, and the parties agree as follows: CLIENT SERVICE ADDRESS l'O:\TR\CT: CONFERFN<'E CENTER Name EMERALD COAST CONFERNECE CENTER (<~VENT SE<..:lrRrTY S1reet 1250 MIRACLE STRIP PKWY SE CO'.'ITR\<'T NO.: <..:06-13l5-T02-73 City, State, Zip FT WM.TON BEACH FL 32549 SECl Rl'L\S WE=S;:;...F;..olE=L....o.... Contact Name/Title .... s________ ....\PIRES: 9/30/2007 Phone: 850-609-3920 Fax: ..... 850- 609=5 ......................... 095,____ __ SERVICE RATES AND HOURS Weekly Service Hours: TEMP HRS Client wiH pay Company the following hourly rates, plus all applicable sales, use and/or similar taxes and ooy interest and/or penalties. These rates do not apply to coverage of labor disputes, civil disorder, national disaster, or other similar emergency situations, which coverage Company will endeavor to provide at mutually agreed upon rates. Security ¢ Classlflcatlon Officer Straight nme $18 $ _/ $ / $ 7 Overtime J_lf ___ $/ s/ jz Additional Charges: __ $__ ___ Equipment Rental / s .. / Radio Rental - s Automobile ~ Overtime rates will ~Y to the following: work in excess of n/a hours per day or n/a hours per week; any extended shifts and hours that are performed at the request cl Client; additional personnel or hours requested by the Client with less than n/a hours notice, but only for the first n/a hours; additional personnel or hours requested by Client for special occasions <i temporary or short duration; work on New Year's Day, Memorial Day, Independence Day, Labor Day, Tha1ksgiving Day, Christmas Day; Nl... and the following additional holidays: .... A_ _ _ _ _ _ _ _ _ _ _ _ _ __ C-Ompaiy may adjust rates on 30 days prior written notice to~) comply with any change In any law, regulation, ruling or collective bargaining agreement causing a chooge in work hours, wage rates, working conditions or other rosts to Company, or (ii) account for added rosts resulting from increases in Company's insurance premiums. In adfition, Company will have the right to increase any of the amounts set forth above upon written notice to the Client, at any time or times after the expiration <i one (1) year from the date service is first rendered. Security services will commence on 10-01-06 and will continue until tenninated upon 30 days prior written notice by either party or as otherwise permitted under this Agreement. HClient pays Company by credit card, Client agrees that: (i) Client will reimburse Company up to two and a half percent (2.5%) for all associated credit card fees and ch<rges; (ii) all billing disputes will be resolved between the parties and not with Client's issuing card organization or other entity; (iii) any unresolved disputes wiH be noted as a disputed item on the rea!ivable account; and (iv) failure to comply with the t01T11s of this paragraph will be grounds fof immediate termination of this A!Jeement. A<dional inlonnalion: MINIMUM OF 4 HOURS FOR STANDARD SHIFT PRQVIOE ON CALL UNIFORMED SECURITY QfFICER. FLORIDA SALES TAX APPLIES TO THE ABOVE RATE UNLESS CLIENT CAN PROVIDE A SALES TAX EXEMPTION CERTIFICATE. NTE $10,000 IN A FY WITHOUT APPROVAL FROM PlJRCHASING DIRECTOR ANO THE COUNTY ADMINISTRATOR EX?IRES 9l30/200Z -ANNUAL RENEWED BY SIGNING BELOW, CLIENT ACCEPTS THIS AGREEMENT SUBJECT TO THE TERllS AND CONDmONS ON THE FRONT AND REVERSE SIDE. Securitas SecUl'fty Services USA, Inc. By. £r-~-- Printed Nane/Title: RICHARD BRANNON Printed Name/Title: ERNEST R. ROHRABAUGH, BR MGR SSA (A) -(6/03) C 2003 Securitas Security Services USA, Inc. Packet Pg. 384  SECURITY SERVICES AGREEMENT Local Company Office lnfonnatlon Contract #: 2070005566 Street: 11 E. Olive Road Suite 101 SECURITY SERVICES AGREEMENT ("Agreemenr) between City, State, Zip: Pensacola FL 32514 EMERALD COAST CONFERENCE CENTER ("Client"} Phone: 850/478-6160 Fax: ""85"""0"'"""/4..._78.._-~57~0..... 1_ _ _ _ and Securitas Security Services USA, Inc. ("Company"} is dated as off. RC# or Corp. Loe. #:.._06~3=B~O_ _ _ _ _ _ _ _ __ AUGUST , 2006, and the parties agree as follows: CLIENT SERVICE ADDRESS Name EMERALD COAST CONFERNECE CENTER <'OYIR\CT: COi\"FERE:'llCE <"F'\TFR Street 1250 MIRACLE STRIP PKWY SE F\'E'\T SF<'l :mTY City, State, Zip FT WAL TON BEACH FL 32549 COl\TR\<T SO.: < 06-1313-·n>I-73 Contact NamefTitle ~W=E=S_,_F=IE=L=D.z.S_ _ _ _ _ _ _ __ SH l Rll.\S Phone: 850-609-3920 Fax: =85=0...:::-6=09:.....;-50=95.____ __ E\l'llH:S: l\'.DEIT\ITF SERVICE RATES AND HOURS Weekly Service Hours: TEMP HRS Client will pay Company the following hourty rates, plus all applicable sales, use and/or similar taxes and any interest and/or penalties. These rates do not apply to coverage of labor disputes, civil disorder, national disaster, or other similar emergency situations, which coverage Company will endeavor to provide at mutually agreed upon rates. Security Classification Officer Straight Time $18 $ / $ ./ Overtime $/5 $7 $/ Additional Charges: $ $ ./ $ Equipment Rental Radio Rental Automobile Overtime rates will apply to the following: work in excess of n/a hours per day or n/a hours per week; any extended shifts and hours that are perfonned at the request of Client; additional personnel or hours requested by the Client with less than n/a hours notice, but only for the first n/a hours; additional personnel or hours requested by Client for special occasions of temporary or short duration; work on New Year's Day, Memorial Day, Independence Day, labor Day, Thanksgiving Day, Christmas Day; and the following additional holidays: _N/_A_ _ _ _ _ _ _ _ _ _ _ _ _ _ __ Company may adjust rates on 30 days prior written notice to (i) comply with any change in any law, regulation, ruling or collective bargaining agreement causing a change in work hours, wage rates, working oonditions or other costs to Company, or (ii) account for added costs resulting from increases in Company's insurance premiums. In addition, Company will have the right to increase any of the amounts set forth above upon written notice to the Client. at any time or times after the expiration of one (1) year from the date service is first rendered. Security services will commence an 10-01-06 and will continue until terminated upon 30 days prior written notice by either party or as otherwise permitted under this Agreement. If Client pays Company by credit card, Client agrees that: {i) Client will reimburse Campany up to two and a half percent (2.5%) for all associated credit card fees and charges; (ii) all billing disputes will be resolved between the parties and not with Client's issuing card organization or other entity; (iii) any unresolved disputes will be noted as a disputed item an the receivable account; and (iv) failure to comply with the terms of this paragraph will be grounds for immediate termination of this Agreement. Additional information: MINIMUM OF 4 HOURS FOR STANDARD SHIFT PROVIDE ON CALL UNIFORMED SECURITY OFFICER FLORIDA SALES TAX APPLIES TO THE ABOVE RATE UNLESS CLIENT CAN PROVIDE A SALES TAX EXEMPTION CERTIFICATE. NTE $10,000 IN A FY WITHOUT APPROVAL FROM PURCHASING DIRECTOR ANO THE COUNTY ADMINISTRATOR EXPIRES 9/30/2007 - ANNUAL RENEWED BY SIGNING BELOW. CUENT ACCEPTS THIS AGREEMENT SUBJECT TO THE TERMS AND CONDmONS ON THE FRONT AND REVERSE SIDE. OKALOOSA COUNTY, FL BCC Securitas Security Services USA, Inc. By £r-:~--- Printed Name/Title: RICHARD BRANNON Printed Name/Title: ERNEST R. ROHRABAUGH, BR MGR SSA (A)~ (6/03) © 2003 Securitas Security Services USA. Inc. Packet Pg. 385  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Payment for Bayview Plaza Logo Creation DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Request approval of payment in the amount of $800 for Bayview Plaza Logo Creation to dick smith. BACKGROUND: At the time services were engaged for creation of a logo for the new Bayview Plaza, staff thought payment would be made via credit card due to the dollar amount of the purchase. After services were performed and the invoice was received, the vendor advised he does not accept credit card payments. At this point, there is no method to pay the vendor in accordance with County purchasing policy now that the work has been performed without a prior arrangement for payment. Board approval is requested to pay the vendor. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve payment in the amount of $800 for Bayview Plaza Logo Creation to dick smith. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 386 Packet Pg. 387  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Bill Smith Electric, Inc. Change Order No.1 DEPARTMENT: Water and Sewer BCC DISTRICT: ALL STATEMENT OF ISSUE: Approve Change Order No. 1 to add 60 days to the contract for the rehabilitation of the electrical systems in manholes at the Russell Stephenson Wastewater Reclamation Facility. BACKGROUND: The work covered under this contract is for the rehabilitation of the electrical systems in manholes at the Russell Stephenson Water Reclamation Facility. This change order is for an extension of time from 90 days to 150 days on contract C14-2145-WS ending June 11, 2014. There are no monetary changes. The change order request was initiated, executed, and submitted to Purchasing in a timely manner under the assumption that the Purchasing Manager could sign it. However, as stated in the Purchasing Manual, the completion date must be less than 60 days for the Purchasing Manager to sign, and this was not realized until after the deadline; therefore, BCC approval is needed. The reason for the 60 day extension is weather delays. OPTIONS: Approve or deny. RECOMMENDATIONS: OCWS requests BCC approval to authorize the Chairman to execute Bill Smith Electric, Inc. Change Order No. 1, extending the original contract from 90 days to 150 days, and approval of payment on any expenses incurred since June 11th, 2014. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 388 Packet Pg. 389  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Arbennie Pritchett WRF Expansion - Engineering RFQ Award & Contract Approval DEPARTMENT: Water and Sewer BCC DISTRICT: All STATEMENT OF ISSUE: OCWS and Purchasing staff seek approval to award RFQ #WS 37- 14 to Constantine Engineering to serve as the Owner's Representative and Design Criteria Professional for the Arbennie Pritchett WRF Expansion Project and to authorize the Chairman to execute the "Agreement for Consulting Services" with Constantine Engineering for an amount not to exceed $1,189,400. Staff also requests to move forward with a qualifications based selection process for a contract with a Design/Build (D/B) Team, as outlined below. BACKGROUND: On January 7, 2014, the BCC authorized staff to move forward with the qualifications based selection process (via a RFQ) for a contract with an engineering consultant for the Arbennie Pritchett WRF Expansion Project. The BCC also approved a Review Committee to review the Statement of Qualifications submitted by interested engineering firms. That Agenda Request along with background information on the Arbennie Pritchett WRF Expansion Project is attached for your review. This previous Agenda Request explains the project need, funding, and the design-build process/roles. Since the above-mentioned approvals, OCWS and Purchasing staff worked together to produce Request for Qualifications (RFQ) # WS 37-14, titled "Design Criteria Professional, Owner's Representative & Consulting Engineering Services for a Proposed 5 MGD Expansion to Okaloosa County Water & Sewer's Arbennie Pritchett WRF". This RFQ went through County Contract Review, and the Coordination Sheet is attached. The RFQ was then advertised via multiple outlets: 1) newspaper, 2) BidNet, a statewide procurement tool, and 3) emails to specific engineering firms in the area that have shown interest in past Engineering RFQs for County projects. Upon the March 28, 2014 deadline listed in the RFQ, one engineering firm submitted a Statement of Qualifications - Constantine Engineering. The individuals of the Review Committee reviewed Constantine's submittal, and deemed that they were a qualified engineering firm capable of performing the required roles listed in the RFQ. Constantine was Program Manager and Owner's Representative for the $65M program to construct the original Arbennie Pritchett WRF and related sub-projects that concluded in 2011. They have also been pivotal in other related wastewater projects, such as Ft. Walton Beach Consolidation, 7th Special Forces, Eglin Main Base, and Niceville/Valparaiso (diverting East County flow). Packet Pg. 390 After the Review Committee meeting, staff then negotiated a professional services agreement with Constantine Engineering for them to serve as the Owner's Representative, Design Criteria Professional, and perform other engineering services. The attached "Agreement for Consulting Services" (Agreement) with Constantine Engineering is attached for your review, consideration, and approval. Along with the Agreement, attached is Exhibit A (scope of work), Exhibit B (compensation), and the County Contract Review Coordination Sheet. Please recall that this is a design-build project, budgeted at $13M in the Capital Improvement Program (CIP) years FY2014-FY2016. Of that budget, with the execution of this Agreement, an amount not to exceed $1,184,900 would be under contract with Constantine. Over $11M would be slated for the actual design/build construction, whereby a Design/Build Team would be under contract in the future to produce the design and perform the construction. As the Owner's Representative, Constantine would be overseeing the project in the following manner summarized as: serve as the Design Criteria Professional; prepare the RFQ (for Design/Build Team), the Request for Proposal (RFP), and the Design Criteria Package (DCP; performance specifications and preliminary engineering); evaluate Statement of Qualifications and bids; perform engineer's cost estimates; groundwater modeling; permitting; engineering services during construction; resident observation; develop and manage Owner Purchased Equipment (OPE) program; coordinate complete system startup; construction administration; perform any miscellaneous engineering and technical service required in support of the project and specifically requested by the County. A more thorough explanation is included with Exhibit A. With the approval of this Agreement, Constantine's first major task would be to draft the RFQ for a Design/Build (D/B) Team. Therefore, staff is also requesting to move forward with a qualifications based selection process for a contract with a D/B Team, with the following process: - Constantine to prepare the RFQ for staff's consideration. Staff will then review and finalize the RFQ. - Purchasing Staff to advertise RFQ and oversee. - Upon receiving submissions from interested D/B Teams, on behalf of the County, Constantine to serve as the technical expert to evaluate the D/B Teams using pass/fail criteria and provide a recommendation to the OCWS Staff as to the elimination of any firm that failed to meet the minimum standards. OCWS Staff will then meet and evaluate those that meet the minimum requirement to arrive at the short-list of D/B Teams. - Constantine to prepare the DCP and RFP for staff's consideration. RFP would go through County Contract Review. The DCP is a technical document - preliminary drawings and performance specifications. - RFP and DCP to be issued to short-listed D/B Teams. - OCWS Staff and Constantine will hold a mandatory pre-proposal meeting with all short-listed D/B Teams present. In addition, Proprietary Meetings will be held with each of the short-listed D/B Teams to discuss confidential conceptual design ideas. - Upon receiving the proposals from the D/B Team, the following Review Committee would review: Zan Fedorak or designee - Purchasing Manager (non-voting member to Packet Pg. 391 oversee) Nathan Boyles - Board of County Commissioners, Water & Sewer Liaison Jeff Littrell - Water & Sewer, Director Jeb Chessher - Water & Sewer, Project Manager Darren Alford - Water & Sewer, Wastewater Operations Manager Jason Autrey - Public Works, County Engineer - Upon the Review Committee selecting the most qualified D/B Team to be recommended to the BCC, OCWS Staff and Constantine would then open up the price envelope (a separate cost proposal from the qualifications proposal), and then proceed to negotiate a contract with the D/B Team. Florida Statutes 287.055 (AKA "Consultants' Competitive Negotiation Act (CCNA)") will be followed and adhered to. This was also explained in the Jan. 7, 2014 Agenda Request. -Resulting Agreement with the selected D/B Team would then be routed through County Contract Review and then be brought to the BCC for approval and execution. OPTIONS: Approve or deny. RECOMMENDATIONS: OCWS and Purchasing staff recommend BCC approval to award RFQ #WS 37-14 to Constantine Engineering to serve as the Owner's Representative and Design Criteria Professional for the Arbennie Pritchett WRF Expansion Project and to authorize the Chairman to execute the "Agreement for Consulting Services" with Constantine Engineering for an amount not to exceed $1,189,400. Staff also recommend to move forward with a qualifications based selection process for a contract with a Design/Build (D/B) Team, as outlined above. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 392 Packet Pg. 393 Packet Pg. 394 Packet Pg. 395 Packet Pg. 396 Packet Pg. 397 Packet Pg. 398 Packet Pg. 399 Packet Pg. 400 Packet Pg. 401 Packet Pg. 402 Packet Pg. 403 Packet Pg. 404 Packet Pg. 405 Packet Pg. 406 Packet Pg. 407 Packet Pg. 408 Packet Pg. 409 Packet Pg. 410 Packet Pg. 411 Packet Pg. 412 Packet Pg. 413 Packet Pg. 414 Packet Pg. 415 Packet Pg. 416 Packet Pg. 417 Packet Pg. 418 Packet Pg. 419  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 7, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Arbennie Pritchett WRF Expansion - Engineering RFQ & Review Committee DEPARTMENT: Water and Sewer BCC DISTRICT: All STATEMENT OF ISSUE: OCWS and Purchasing staff request permission to move forward with a qualifications based selection process for a contract with an engineering consultant for the Arbennie Pritchett WRF Expansion Project to serve as the Owner's Representative and Design Criteria Professional. BACKGROUND: Construction of the Arbennie Pritchett Water Reclamation Facility (APWRF) was completed in 2009 and has an annual average daily flow (AADF) capacity of 10 million gallons per day (MGD). This $65M program with 5 sub-projects was a huge success. The project was completed within budget and on-time. This state-of-the-art WRF has now been operating efficiently for about 4 years with parameters well below our state permit requirements. In addition, the APWRF has been the foundation for many related agreements that have generated revenue or reduced expenses for the Water & Sewer Enterprise Fund: 7th Special Forces, City of Ft. Walton Beach, Eglin Air Force Beach (Duke Field, Camp Rudder, Main Base, and the Navy EOD school), and Niceville/Valparaiso (diverting East County flow). Currently, the actual AADF is approximately 6.3 MGD. With the additional flow of the above- mentioned projects and other ongoing development, we anticipate being above 8 MGD of actual AADF in about 2 years. On paper, the capacity reserved is approximately 8.5 MGD. Although we have about 15% capacity remaining of the average daily flow, this puts us in an uncomfortable position for the long-term and the short-term during peak flow events, such as storms or hi-flow summer weekends. Because of this, OCWS has a 5 MGD plant expansion in our approved 5-year CIP: $2M in FY2014, $8M in FY2015, and $3M in FY2016. Most importantly, we expect this $13M total to be funded with cash. In account 411-4199-599360, OCWS has been saving up Capacity Expansion Charges (CECs) that have been received on the above-mentioned projects and other large projects, such as some of the recent hotels. We currently have approximately $4.5M in this account and are under contract with Eglin AFB for another $8.5M, which is expected to be received in the summer of 2014. Staff feels that the responsible thing to do is fund the 5 MGD needed expansion from the $13M to be in this account. There is also a desire to proceed with the expansion before the amount of CEC funds available is rendered insufficient by construction material inflation. Fortunately, the APWRF was designed and constructed with a future expansion in mind, from 10 MGD to 15 MGD. Certain components (i.e. head works, UV channels, admin building, etc.) have already been constructed for 15 MGD AADF, and room on the site has been left available for the needed expansion (oxidation ditch, clarifier, etc.). Packet Pg. 420 As Okaloosa County did in the late 2000s, when APWRF went through the procurement and design process, staff is proposing the design-build method of procurement, following Florida Statues and Design Build Institute of America (DBIA) requirements/guidelines. We feel that design-build is the best approach to large, high-dollar projects; with 1 company doing both the design and construction, it avoids finger pointing and potentially litigious situations, thereby lowering risk to the owner. The bidding process of selecting a design-build (D-B) contractor is qualifications based. Interested firms would submit both qualifications and bids in separate envelopes. The most qualified D-B contractor would be selected with the intent to negotiate a contract. The other set of envelopes would then be opened with their actual bid price. Negotiation then occurs with the most-qualified bidder until a final price is reached. If a price cannot be negotiated, negotiations would cease with the most-qualified bidder and commence with the next-most qualified bidder. This paragraph is just a brief summary of the D-B procurement process. Staff will come back to the Board in the future to obtain permission to move forward with the Request for Qualifications (RFQ) for a D-B contractor. Currently, staff is requesting permission to issue an RFQ for an engineering consultant to serve as the Owner's Representative and be the Design Criteria Professional (DCP), as outlined in Florida Statutes 287.055 (AKA "Consultants' Competitive Negotiation Act (CCNA)"). Because the anticipated amount of this contract exceeds the thresholds listed in this statute, an existing continuing contract (AKA "master services agreement") cannot be utilized. A new contract will need to be executed for the professional engineering services necessary to move forward with the plant expansion. These professional engineering services may include but are not limited to the following services: owner's representative in procuring and coordinating with D-B contractor; serve as the Design Criteria Professional; prepare the RFQ (for D-B contractor), the Request for Proposal (RFP), and the Design Criteria Package (performance specifications and preliminary engineering); evaluate Statement of Qualifications and bids; perform engineer's cost estimates; groundwater modeling; permitting; engineering services during construction; resident observation; develop and manage Owner Purchased Equipment (OPE) program; coordinate complete system startup; construction administration; perform any miscellaneous engineering and technical service required in support of the project and specifically requested by the County. OCWS and Purchasing staff would now like to begin the process of obtaining an engineering consultant for the APWRF Expansion Project via the formal qualifications based selection process. If authorized by the Board, OCWS staff will work with Purchasing staff to formulate a Request for Qualifications (RFQ) to begin the formal selection process. In the State of Florida per the Competitive Consultants Negotiations Act (CCNA), the selection criteria for the award of engineering contracts are qualifications based. Staff also recommends the following Review Committee to evaluate the statements of qualifications received and bring back a recommendation to the Board, regarding which firms to enter contracts with: Zan Fedorak or designee - Purchasing Manager (non-voting member to oversee) Nathan Boyles - Board of County Commissioners, Water & Sewer Liaison Packet Pg. 421  Jeff Littrell - Water & Sewer, Director Jeb Chessher - Water & Sewer, Project Manager Darren Alford - Water & Sewer, Wastewater Operations Manager Jason Autrey - Public Works, County Engineer OPTIONS: Approve or deny. RECOMMENDATIONS: Staff requests BCC approval to move forward with the qualifications based selection process (via a RFQ) for a contract with an engineering consultant for the Arbennie Pritchett WRF Expansion Project and approval of the above-mentioned review committee. A recommendation of award will be brought back to the BCC at a later date. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 422 Packet Pg. 423 CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: Number:________ Contractor/Lessee Name: Funded: YES NO Purpose f\ 12 flit 1J)ô'4 f2FL4 Date/Term: 1. GREATER THAN $50,000 Amount: 2. GREATER THAN $25,000 Department: LAJ 'S 3. El $25,000 OR LESS Dept. Monitor NameQ Document has been reviewed and includes any attachments or exhibits. Purchasing Review / fPAX.. ' , fgaa— Procurement require t e et: Date:_____________ Pur asi irector or Designee Risk Management Review Approved as Date: S 6, /Z/ Risk Fnager or designee County Attorney Review Date: County Attorney Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager Packet Pg. 424 Packet Pg. 425 Packet Pg. 426  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Skyetech Lease Renewal - Unit E DEPARTMENT: Water and Sewer BCC DISTRICT: ALL STATEMENT OF ISSUE: Staff requests BCC Approval to extend existing Lease Agreement between Okaloosa County Water & Sewer and Skyetech, LLC at 1310 Oddfellow Road -Unit E in Fort Walton Beach, Florida. This unit is located in a building owned by Okaloosa County Water & Sewer. BACKGROUND: Okaloosa County Water & Sewer purchased the building on the east side of Oddfellow Road in 2006, and currently has four tenants resulting in $32,742.00 rent annually. This lease renewal would be for the standard one year term - 7/1/2014-6/30/2015. A copy of the original lease and a copy of the lease renewal are attached. The annual rent for this lease will be $5,088.00, payable as 12-$424.00 monthly payments. OPTIONS: Approve or deny the Lease Agreement for Natalie Hendricks of Skyetech, LLC. RECOMMENDATIONS: Staff recommends approval by the BCC to authorize the Chairman to execute the Lease Agreement Renewal with Natalie Hendricks of Skyetech, LLC. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 427 Packet Pg. 428 Packet Pg. 429 Packet Pg. 430 Packet Pg. 431 Packet Pg. 432 Packet Pg. 433 Packet Pg. 434 Packet Pg. 435 Packet Pg. 436 Packet Pg. 437 Packet Pg. 438 Packet Pg. 439 Packet Pg. 440 Packet Pg. 441 Packet Pg. 442 Packet Pg. 443  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Jeff Littrell SUBJECT: Office Of Criminal Conflict Lease Renewal DEPARTMENT: Water and Sewer BCC DISTRICT: All STATEMENT OF ISSUE: Staff requests BCC Approval to extend existing Lease Agreement l12-0392-WS between Okaloosa County Water & Sewer and the Office of Criminal Conflict & Civil Regional Counsel, Region 1. This unit is located in the Okaloosa County Water & Sewer Building 2nd floor. BACKGROUND: This lease renewal would be for the standard one year term - 07/01/14 to 06/30/15. A copy of the original lease and a copy of the lease renewal are attached. The annual rent for this lease will be the same as last year, $22,604.04 - twelve monthly payments of $1,883.67. OPTIONS: Approve or deny the Lease Agreement for the Office of Criminal Conflict & Civil Regional Counsel, Region 1. RECOMMENDATIONS: Staff recommends approval by the BCC to authorize the Chairman to execute the Lease Agreement Renewal for the Office of Criminal Conflict & Civil Regional Counsel, Region 1. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 444 Packet Pg. 445 Packet Pg. 446 Packet Pg. 447 Packet Pg. 448 Packet Pg. 449 Packet Pg. 450 Packet Pg. 451 Packet Pg. 452 Packet Pg. 453 Packet Pg. 454 Packet Pg. 455 Packet Pg. 456 Packet Pg. 457 Packet Pg. 458 Packet Pg. 459 Packet Pg. 460 Packet Pg. 461  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: FY 2014-2015 SHIP Certifications DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: In order to utilize State Housing Initiatives Partnership Program funds, it is necessary for the County to certify that funds will be used in accordance with the strategies provided in the current Local Housing Assistance Plan. BACKGROUND: On May 21, 2013, the Board of County Commissioners approved the 2013 - 2016 Local Housing Assistance Plan (LHAP) for Okaloosa County and the City of Fort Walton Beach, including the Interlocal Agreement through which the City and County agree that the funds will be allocated to Okaloosa County provided that 20% of the funds are spent within the City unless qualified projects cannot be found. Okaloosa County and the City of Ft Walton Beach have been allocated a total of $884,799, with $789,683 assigned to the County, and $95,116 assigned to the City (see attached estimates). The Okaloosa Community Development Corporation, a private, non-profit organization, serves as the County's SHIP administrator, and also serves as the City's SHIP administrator through the previously mentioned Interlocal Agreement. As provided in the Section O of the LHAP, the SHIP Administrator (CDC) can utilize up to 10% of the allocation for administrative costs associated with SHIP activities provided the County makes a finding that 5% of the allocation plus 5% of program income is insufficient to pay the costs of administering the program. These findings were made in Ordinance 93-13 and Resolution 2013-13. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners authorize the Chairman to sign the attached certification, and authorize the Contracts and Grants office of the Okaloosa County Clerk of Circuit Court to transmit the signed certification to the Florida Housing Finance Corporation. RECOMMENDED BY: Packet Pg. 462 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 463 SHIP 2014-2015 $ 100,000,000 Less $4 million for Homeless and $5 million holdback for Disaster Relief County Share/ County Share/ County Share/ Local Government County Total Local Government County Total Local Government County Total City Share City Share City Share ALACHUA 1,161,194 578,739 FRANKLIN 350,000 350,000 OKEECHOBEE 350,000 350,000 Gainesville 582,455 GADSDEN 350,000 350,000 ORANGE 5,500,367 4,355,191 BAKER 350,000 350,000 GILCHRIST 350,000 350,000 Orlando 1,145,176 BAY 801,654 633,066 GLADES 350,000 350,000 OSCEOLA 1,345,457 1,048,380 Panama City 168,588 GULF 350,000 350,000 Kissimmee 297,077 BRADFORD 350,000 350,000 HAMILTON 350,000 350,000 PALM BEACH 6,149,779 4,683,057 BREVARD 2,525,188 1,405,268 HARDEE 350,000 350,000 Boca Raton 392,971 Cocoa 80,301 HENDRY 350,000 350,000 Boynton Beach 320,403 Melbourne 356,304 HERNANDO 819,634 819,634 Delray Beach 282,275 Palm Bay 482,058 HIGHLANDS 473,577 473,577 West Palm Beach 471,073 Titusville 201,257 HILLSBOROUGH 5,839,681 4,254,208 PASCO 2,183,628 2,183,628 BROWARD 8,147,463 1,752,520 Tampa 1,585,473 PINELLAS 4,244,226 2,241,376 Coconut Creek 245,239 HOLMES 350,000 350,000 Clearwater 499,545 Coral Springs 561,360 INDIAN RIVER 660,086 660,086 Largo 359,486 Davie 426,927 JACKSON 350,000 350,000 St. Petersburg 1,143,819 Deerfield Beach 346,267 JEFFERSON 350,000 350,000 POLK 2,821,808 2,201,010 Ft. Lauderdale 776,453 LAFAYETTE 350,000 350,000 Lakeland 454,029 Hollywood 656,686 LAKE 1,406,126 1,406,126 Winter Haven 166,769 Lauderhill 305,530 LEE 2,956,635 1,907,917 PUTNAM 365,717 365,717 Margate 252,571 Cape Coral 740,341 ST. JOHNS 947,719 947,719 Miramar 577,655 Ft. Myers 308,377 ST. LUCIE 1,311,749 333,708 Pembroke Pines 710,459 LEON 1,296,020 440,647 Ft. Pierce 194,664 Plantation 390,263 Tallahassee 855,373 Port St. Lucie 783,377 Pompano Beach 470,923 LEVY 350,000 350,000 SANTA ROSA 747,727 747,727 Sunrise 395,967 LIBERTY 350,000 350,000 SARASOTA 1,779,149 1,535,761 Tamarac 278,643 MADISON 350,000 350,000 Sarasota 243,388 CALHOUN 350,000 350,000 MANATEE 1,545,449 1,311,777 SEMINOLE 1,990,378 1,990,378 CHARLOTTE 772,442 691,799 Bradenton 233,672 SUMTER 507,285 507,285 Punta Gorda 80,643 MARION 1,552,190 1,286,300 SUWANNEE 350,000 350,000 CITRUS 669,078 669,078 Ocala 265,890 TAYLOR 350,000 350,000 CLAY 907,269 907,269 MARTIN 700,536 700,536 UNION 350,000 350,000 COLLIER 1,545,449 1,454,731 MIAMI-DADE 7,463,905 4,838,850 VOLUSIA 2,298,230 1,619,103 Naples 90,718 Hialeah 664,288 Daytona Beach 285,440 COLUMBIA 354,491 354,491 Miami 1,213,631 Deltona 393,687 DE SOTO 350,000 350,000 Miami Beach 262,729 WAKULLA 350,000 350,000 DIXIE 350,000 350,000 Miami Gardens 310,498 WALTON 350,000 350,000 DUVAL 4,015,023 4,015,023 North Miami 173,909 WASHINGTON 350,000 350,000 ESCAMBIA 1,397,139 1,155,015 MONROE 365,717 365,717 TOTAL 90,750,000 90,750,000 Pensacola 242,124 NASSAU 372,459 372,459 Compliance Monitoring 250,000 FLAGLER 473,577 100,540 OKALOOSA 884,799 789,683 Disaster Relief Holdback 5,000,000 Palm Coast 373,037 Ft. Walton Beach 95,116 Homeless Funding 4,000,000 Appropriation Total 100,000,000 Packet Pg. 464 5/5/2014  State Housing Initiative Partnership (SHIP) Program Fiscal Year 2014-2015 Funding Certification Name of Local Government Okaloosa County/ City of Fort Walton beach Projected Allocation* $789,683 / $95,116 *See estimated allocation chart attached to this document. Funds are subject to approval of the Governor and transfer of funds to Florida Housing Finance Corporation. Strategies Does this Is this an Will this Total $ strategy approved strategy be Amount to be serve: strategy in eligible for Expended HO or current Special Needs Rental? LHAP? Applicants? (Y/N) (Y/N) Special Needs Rehabilitation Rental Y Y $177,000.00 Purchase Assistance with or HO Y $50,000.00 Without Rehabilitation Rehabilitation HO Y $386,640.00 Foreclosure Prevention HO Y $50,000.00 Rehabilitation/ New Rental Y $132,679.00 Construction Total must equal total allocation for 2014-2015 minus administrative $796,319.00 costs For strategies targeting the Special Needs requirement, describe any additional information that will be utilized to ensure this goal is met: We will work closely with those entities in our area who house those with special needs to ensure their housing is meeting the needs of its tenants. We anticipate this will be mainly group home rehabilitations. Legislative Proviso Language From the funds in Specific Appropriation 2247, each local government must use a minimum of 20 percent of its allocation to serve persons with special needs as defined in section 420.0004, Florida Statutes. Before this portion of the allocation is released by the Florida Housing Finance Corporation (FHFC), a local government must certify that it will meet this requirement through existing approved strategies in the local assistance plan or submit a new local housing assistance plan strategy for this purpose to the FHFC for approval to ensure that it meets these specifications. The first priority of these special needs funds must be to serve persons with developmental disabilities as defined in section 393.063, Florida Statutes, with an emphasis on home modifications, including technological enhancements and devices, Packet Pg. 465 which will allow homeowners to remain independent in their own homes and maintain their homeownership. ___________________________________________ 420.0004 (13), F.S. “Person with special needs” means an adult person requiring independent living services in order to maintain housing or develop independent living skills and who has a disabling condition; a young adult formerly in foster care who is eligible for services under s. 409.1451(5); a survivor of domestic violence as defined in s. 741.28; or a person receiving benefits under the Social Security Disability Insurance (SSDI) program or the Supplemental Security Income (SSI) program or from veterans’ disability benefits. 393.063 (9), F.S. “Developmental disability” means a disorder or syndrome that is attributable to retardation, cerebral palsy, autism, spina bifida, or Prader-Willi syndrome; that manifests before the age of 18; and that constitutes a substantial handicap that can reasonably be expected to continue indefinitely. Certifications for SHIP Fiscal Year 2014-2015 Funding: _Okaloosa County ___________________________agrees that: Local Government Name 1. The county has read and understands the legislative language above. 2. The county understands that we are required to meet the goals as described in the language for the allocation of SHIP funds for fiscal year 2014-2015 in addition to meeting all other SHIP program requirements in section 420.9071-9079, Florida Statutes, and chapter 67-37, Florida Administrative Code. 3. The county will use at least 20% of the allocation of SHIP funds for fiscal year 2014-2015 for special needs households as defined in section 420.0004 (13), Florida Statutes, and included below through approved strategies or by incorporating new strategies, prioritizing funding for persons with developmental disabilities as defined in section 393.063 (9), Florida Statutes, and included below with an emphasis on home modifications, including technological enhancements and devices. 4. The county agrees to tracking each household for special needs and will report such data as part of the annual report or as required by FHFC. Authorized Signature: Charles K. Windes, Jr___________________ ______________________________________ Chairman, Okaloosa County Board of County Signature County Commissioners Date: _____________________________________________ Please return this completed form as a PDF document to robert.dearduff@floridahousing.org Packet Pg. 466  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: CTD Trip and Equipment Grant FY15 DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: The Department of Growth Management requests the Board to approve execution and submission of the 2014-2015 Grant Agreement and Authorizing Resolution for Transportation Disadvantaged Funds. The Department also requests the Board to authorize the Chairman to sign a Task Order and Task Order approval form for provision of related services and reimbursement of expenses to Okaloosa County Transit C03-0927-GM. BACKGROUND: Funds granted to the County through the Transportation Disadvantaged Trust Fund are to be used for the provision of passenger trips for non-sponsored transportation disadvantaged citizens in accordance with Chapter 427, Florida Statues, and Rule 41-2, F.A.C. Okaloosa County Transit provides this service under contract with the County. The Acknowledgement Form states the County’s intent to accept program funds, monthly, from July 1, 2014 through June 30, 2015. While FY 2014/2015 funds that are available total $464,919 the actual cost of the service will exceed the grant allocation. Note page 23 of 28, Local Cash Funds in the amount $51,658 are provided through collection of fares, general revenue funds are NOT required. On the same page, please note the $50.00 voluntary dollar contribution comes from revenues collected from citizens that choose to donate funds with their vehicle registrations. The required 10 percent match for the voluntary dollar contributions must be in-kind match is $6.00 and can be documented and related to this project with Growth Management administrative charges. The Authorizing Resolution resolves that the County is the legal applicant and that the Chairman, Vice Chairman and Contract and Grants Manager are authorized to sign specified documents related to the grant program. RECOMMENDATION: The Department of Growth Management recommends that the Board authorize the Chairman to sign the attached 2014/2015 Grant Agreement, Authorizing Resolution for Transportation Disadvantaged Funds and recommends the Chairman sign the Task Order and Task Order Approval Form, and all future grant documents during the term of the grant. RECOMMENDED BY: Packet Pg. 467 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 468 SAMAS Approp: 108846 Fund: TDTF FM/Job No(s).: 43202718401/43202818401 SAMAS Obj.: 750074 Function: 035 CSFA No. 55.001 Org Code: 55 12 00 00 952 Contract No.: Vendor No.: 59-6000765-008 FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED TRIP & EQUIPMENT GRANT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2014 by and between the STATE OF FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, created pursuant to Chapter 427, Florida Statutes, hereinafter called the Commission and Okaloosa County Board of County Commissioners (1804 Lewis Turner Boulevard, Suite 206, Fort Walton, Florida 32547), hereinafter called the Grantee. W I T N E S S E T H: WHEREAS, the Grantee has the authority to enter into this Agreement and to undertake the Project hereinafter described, and the Commission has been granted the authority to use Transportation Disadvantaged Trust Fund moneys to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored by an agency, and/or capital equipment purchased for the provision of non-sponsored transportation services and other responsibilities identified in Chapter 427, Florida Statutes or rules thereof; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to: Provide non-sponsored transportation trips and/or capital equipment to the non-sponsored transportation disadvantaged in accordance with the Transportation Disadvantaged Trust Fund in Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, Commission policies, the Program Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on April 2, 2014, and as further described in this Agreement and in Exhibit(s) A, B, C, D attached hereto and by this reference made a part hereof, hereinafter called the Project; and, for the Commission to provide non-sponsored financial assistance to the Grantee and state the terms and conditions upon which such non-sponsored financial assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. Funds available through this agreement may be used only for non-sponsored transportation services and shall be applied only after all other potential funding sources have been used and eliminated. Grant funds shall not be used to supplant or replace funding of transportation disadvantaged services which are currently funded to a recipient by any federal, state, or local governmental agency. 2.00 Accomplishment of the Project: 2.10 General Requirements: The Grantee shall commence, and complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all federal, state and local applicable laws. Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 1 of 28 Packet Pg. 469  2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Grantee to enter into this Agreement or to undertake the Project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Grantee will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Grantee: The Grantee will use its best efforts to enable the Grantee to provide the necessary funds or in-kind contributions necessary for the completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents and Products: The Grantee shall submit to the Commission such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as the Commission may require as provided by law, rule or under this agreement including those listed in Exhibit "C." Failure by the Grantee to provide such documents, or provide other documents or products required by previous agreements between the Commission and the Grantee, may, at the Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions against the Grantee, including termination. 2.50 Incorporation by Reference: The Grantee and Commission agree that by entering into this Agreement, the parties explicitly incorporate by reference into this Agreement the applicable law and provisions of Chapters 341 and 427, Florida Statutes, Rules 14-90 and 41-2, Florida Administrative Code, and the Program Manual for the Trip & Equipment Grant, as revised on April 2, 2014. 2.60 Monitoring and Evaluation: The law provides that each local coordinating board annually evaluate the performance of the Grantee using evaluation criteria approved by the Commission. A copy of the evaluation report will be given to the designated official planning agency and the Commission. The Grantee must fully cooperate with the local coordinating board in the performance of its duties. The Grantee shall submit to the local coordinating board such data, reports, records, contracts, certifications and other financial or operational documents or products relating to the Project as provided by law, rule or under this agreement. Failure by the Grantee to cooperate with, or to provide such documents or other products to the local coordinating board may, at the Commission's discretion, result in refusal to reimburse project funds or other permissible sanctions against the Grantee, including termination. 3.00 Total Project Cost: The total estimated cost of the Project is $516,633.00. This amount is based upon the amounts summarized in Exhibit "B" and by this reference made a part hereof. The Grantee agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved, including any deficits revealed by an audit performed in accordance with Article 11.00 hereof after completion of the project. Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 2 of 28 Packet Pg. 470 4.00 Commission Participation: The Commission agrees to maximum participation, including contingencies, in the Project in the amount of $464,969.00 as detailed in Exhibit "B," or in an amount equal to the percentage(s) of total actual project cost shown in Exhibit "B," whichever is less. 4.10 Eligible Costs: Trip and Equipment Grant Funds, derived exclusively from the Transportation Disadvantaged Trust Fund, may only be used by the Commission and the Grantee to subsidize a portion of a transportation disadvantaged person's transportation costs which is not sponsored by any other agency, and then only if a match, as specified in the Program Manual for the Trip and Equipment Grant, is provided by the Grantee. Trip and Equipment Grant Funds may also be used to purchase capital equipment used for the provision of non-sponsored transportation services. 4.20 Eligible Project Expenditures: Project costs eligible for State participation will be allowed only from the date of this Agreement. It is understood that State participation in eligible project costs is subject to: a) The understanding that disbursement of funds will be made in accordance with the Commission's cash forecast; b) Availability of funds as stated in Article 17.00 of this Agreement; c) Commission approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available; d) Submission of all certifications, invoices, detailed supporting documentation, or other obligating documents and all other terms of this agreement. If the Grantee wishes to purchase vehicles or other equipment with Transportation Disadvantaged Trust Funds after the date this Agreement becomes effective, the Grantee must first obtain written approval of such acquisition from the Commission and then execute an amended Exhibit “A.” 4.30 Project Funds: In addition to other restrictions set out in this Trip and Equipment Grant agreement, the Grantee must also adhere to the following limitations on the use of Transportation Disadvantaged Trust Funds: 4.31 Transfer of Funds: A Grantee in a non-multi-county designated service area, may not borrow, loan or otherwise transfer Transportation Disadvantaged Trust Funds from one designated service area to another without the express written approval of the Commission. 4.32 Use of Vehicles: The Grantee may only purchase vehicles with Transportation Disadvantaged Trust Funds which the Grantee actually uses to transport eligible transportation disadvantaged passengers in the coordinated system. 4.40 Front End Funding: Front end funding is not applicable. 5.00 Retainage: Retainage is not applicable. Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 3 of 28 Packet Pg. 471 6.00 Project Budget and Disbursement Schedule: 6.10 The Project Budget: The Grantee shall maintain the Commission approved Project Budget, as set forth in Exhibit "B," carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project. The budget may be revised periodically, but no budget revision shall be effective unless it complies with fund participation requirements established in Article 4.00 of this Agreement and is approved in writing by the Commission. Any budget revision that changes the fund participation requirements established in Article 4.00 of this agreement shall not be effective unless approved in writing by the Commission and the Florida Department of Transportation Comptroller. 6.20 Schedule of Disbursements: The Grantee shall abide by the Commission approved disbursements schedule, contained in Exhibit "B." This schedule shall show estimated disbursement of Commission funds for the entire term of the Project by month or quarter of the fiscal year in accordance with Commission fiscal policy. The schedule may be divided by Project phase where such division is determined to be appropriate by the Commission. Any deviation from the approved schedule in Exhibit "B" requires advance submission of a supplemental schedule by the agency and advance approval by the Commission. Reimbursement for the Commission's share of the project shall not be made for an amount greater than the cumulative total up to any given month as indicated in the disbursement schedule in Exhibit "B." Grantee shall invoice on a monthly basis actual costs that may be above or below (+/-) the amount of the monthly allocation disbursement schedule reflected on Exhibit “B”. At times, this may result in “underbilling” or “overbilling”. Any excess (underbilled) funds may be recaptured on a monthly invoice that does not exceed the cumulative total of funds disbursed to date with supporting documentation. No excess funds remaining on the grant at the end of the grant period will be reimbursed to the Grantee. Any overpayment of TD funds must be repaid to the Commission upon project completion. 7.00 Accounting Records, Audits and Insurance: 7.10 Establishment and Maintenance of Accounting Records: The Grantee shall establish for the Project, in conformity with the latest current uniform requirements established by the Commission to facilitate the administration of the non-sponsored financing program, either separate accounts to be maintained within its existing accounting system, or establish independent accounts. Such non-sponsored financing accounts are referred to herein collectively as the "Project Account." The Project Account, and detailed documentation supporting the Project Account, must be made available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 4 of 28 Packet Pg. 472  Should the Grantee provide “sponsored” transportation to other purchasing agencies within the coordinated system during the time period of this Agreement, the Grantee shall maintain detailed documentation supporting the “sponsored” transportation to the other purchasing agencies, and must make this documentation available upon request, without cost, to the Commission any time during the period of the Agreement and for five years after final payment is made or if any audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until resolution of the audit findings. 7.20 Funds Received Or Made Available for The Project: The Grantee shall appropriately record in the Project Account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all non-sponsored transportation payments received by it from the Commission pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, which Commission payments and other funds are herein collectively referred to as "Project Funds." The Grantee shall require depositories of Project Funds to secure continuously and fully all Project Funds in excess of the amounts insured under Federal plans, or under State plans which have been approved for the deposit of Project funds by the Commission, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State law for the security of public funds, or as approved by the Commission. 7.30 Costs Incurred for the Project: The Grantee shall charge to the Project Account only eligible costs of the Project. Costs in excess of the latest approved budget, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, or attributable to actions which have not met the other requirements of this Agreement, shall not be considered eligible costs. 7.40 Documentation of Project Costs and Claims for Reimbursement: All costs charged to the Project, including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, contracts, driver’s manifests, vouchers, vehicle titles, and other detailed supporting documentation evidencing in proper detail the nature and propriety of the charges. Records must be kept to show how the value placed on third party transactions was derived. The Grantee shall provide sufficient detailed documentation for each cost or claim for reimbursement to allow an audit trail to ensure that the services rendered or costs incurred were those which were promised. The documentation must be sufficiently detailed to comply with the laws and policies of the Department of Financial Services. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Grantee with respect to any item which is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Grantee stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, within the Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 5 of 28 Packet Pg. 473  Grantee’s existing accounting system, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audits: Part I: Federally Funded Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT “D” to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II: State Funded Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2), Florida Statutes) are to have audits done annually using the following criteria: Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 6 of 28 Packet Pg. 474  1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT “D” to this agreement indicates state financial assistance awarded through the Commission by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. The Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. 3. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III: Other Audit Requirements The Recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Commission, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Commission to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 7 of 28 Packet Pg. 475  Part IV: Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by Part I above shall be submitted, when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: Florida Department of Transportation Office of Comptroller 605 Suwannee Street, MS 24 Tallahassee, Florida 32399-0450 Email: FDOTSingleAudit@dot.state.fl.us A. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A- 133, as revised, should be submitted to the Federal Audit Clearinghouse) at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 B. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by Part I above and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Commission for reasons pursuant to section .320(e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320(e)(2) and a copy of the recipient’s audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation Office of Comptroller 605 Suwannee Street, MS 24 Tallahassee, Florida 32399-0450 Email: FDOTSingleAudit@dot.state.fl.us In addition, pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to: Florida Department of Transportation Office of Comptroller 605 Suwannee Street, MS 24 Tallahassee, Florida 32399-0450 Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 8 of 28 Packet Pg. 476  Email: FDOTSingleAudit@dot.state.fl.us 3. Copies of financial reporting packages shall be submitted by or on behalf of the recipient directly to each of the following: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 Email: FDOTSingleAudit@dot.state.fl.us And Auditor General’s Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by audit findings shall be submitted by or on behalf of the recipient directly to: Florida Department of Transportation Office of Comptroller 605 Suwannee Street, MS 24 Tallahassee, Florida 32399-0450 Email: FDOTSingleAudit@dot.state.fl.us Part V: Record Retention The recipient shall retain sufficient records demonstrating its compliance with the terms of the Trip and Equipment Grant agreement for a period of at least five years from the date the audit report is issued, and shall allow the Commission, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Commission. Monitoring: In addition to reviews of audits conducted in accordance with Section 215.97, F.S., as revised (see “Audits” above), monitoring procedures may include, but not be limited to, on-site visits by Commission staff. The recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission staff regarding such audit. The CTC further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Transportation’s Office of Inspector General (OIG) and Florida’s Chief Financial Officer (CFO) or Auditor General. Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 9 of 28 Packet Pg. 477  7.70 Insurance: The Grantee shall carry insurance on Project vehicles and equipment, and guarantee liability for minimum coverage as follows: 7.71 Liability: Liability coverage in an amount of $200,000 for any one (1) person, $300,000 per occurrence at all times in which Project vehicles or equipment are engaged. The Grantee shall insure that contracting Transportation Operators also maintain the same minimum liability insurance, or an equal governmental insurance program. 7.72 Collision: Collision, fire, theft, and comprehensive coverage in any amount required to pay for any damages to the Project vehicle(s) and equipment including restoring to its then market value or replacement. 7.73 Property Insurance: The Grantee shall carry fire, theft, and comprehensive coverage property insurance, with replacement cost value, on equipment, other than vehicles, purchased with Transportation Disadvantaged Trust Funds. 7.74 Other Insurance: The above required insurance will be primary to any other insurance coverage that may be applicable. 8.00 Requisitions and Payments: 8.10 Preliminary Action by the Grantee: In order to obtain any Transportation Disadvantaged Trust Funds, the Grantee shall: 8.11 File with the Commission for the Transportation Disadvantaged, 605 Suwannee Street, Mail Station 49, Tallahassee, Florida, 32399-0450, its requisition or invoice on a form or forms prescribed by the Commission, and such other detailed supporting documentation pertaining to the Project Account and the Project (as listed in Exhibit "C" hereof) as the Commission may require, to justify and support the payment requisitions, invoices, and vouchers, as specified in the Commission’s Grant Agreement/Contract Invoicing Procedures. 8.12 Grantee certifies, under penalty of perjury, that the Agency will comply with the provisions of the Agreement and that all invoices and support documentation will be true and correct. 8.20 The Commission's Obligations: Subject to other provisions hereof, the Commission will honor such requisitions in amounts and at times deemed by the Commission to be proper and in accordance with this Agreement to ensure the completion of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Commission may give written notice to the Grantee that it will refuse to make a payment to the Grantee on the Project Account if: 8.21 Misrepresentation: The Grantee has made misrepresentations of a material nature in its application, or any supplement thereto or amendment thereof, with respect to any document or record of data or certification furnished therewith or pursuant hereto; Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 10 of 28 Packet Pg. 478  8.22 Litigation: There is pending litigation with respect to the performance by the Grantee of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; 8.23 Required Submittals/Certifications: The Grantee has failed or refused to provide to the Commission detailed documentation of requisitions or certifications of actions taken; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions, prohibited interests, or lobbying restrictions, contained herein; 8.25 Default: The Grantee has been determined by the Commission to be in default under any of the provisions of this or any other Agreement which the Grantee has with the Commission; or 8.26 Supplanting of Funds: The Grantee has used Transportation Disadvantaged Trust Funds to replace or supplant available and appropriate funds for the same purposes, in violation of Chapter 427, Florida Statutes. 8.30 Disallowed Costs: In determining the amount of the Grantee’s payment, the Commission will exclude all costs incurred by the Grantee prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the Project, costs which are not within the statutory criteria for the Transportation Disadvantaged Trust Fund, and costs attributable to goods, equipment, vehicles or services received under a contract or other arrangements which have not been approved in writing by the Commission or certified by the Grantee, pursuant to Exhibit "C." 8.40 Invoices for Goods or Services: Invoices for goods or services or expenses provided or incurred pursuant to this Agreement shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. Failure to submit to the Commission detailed supporting documentation with the invoice or request for project funds will be cause for the Commission to refuse to pay the amount claimed by the Grantee until the Commission is satisfied that the criteria set out in Chapters 287 and 427, Florida Statutes, Rules 3A-24, 41-2 and 60A-1, Florida Administrative Code, and the Program Manual for the Trip & Equipment Grant is met. 8.50 Commission Claims: If, after project completion, any claim is made by the Commission resulting from an audit or for work or services performed pursuant to this agreement, the Commission may offset such amount from payments due for work or services done under any grant agreement which it has with the Grantee owing such amount if, upon demand, payment of the amount is not made within (60) days to the Commission. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Commission. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Grantee abandons or, before Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 11 of 28 Packet Pg. 479  completion, finally discontinues the Project; or if, by reason of any of the events or conditions set forth in Section 8.20, or for any other reason, the commencement, prosecution, or timely completion of the Project by the Grantee is rendered improbable, infeasible, impossible, or illegal, the Commission may, by written notice to the Grantee, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Commission may terminate any or all of its obligations under this Agreement. 9.20 Action Subsequent to Notice of Termination or Suspension: Upon receipt of any final termination or suspension notice under this Paragraph, the Grantee shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and (3) remit to the Commission such portion of the financing and any advance payment previously received as is determined by the Commission to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Commission or upon the basis of terms and conditions imposed by the Commission upon the failure of the Grantee to furnish the schedule, plan, and budget within a reasonable time. The acceptance of a remittance by the Grantee shall not constitute a waiver of any claim which the Commission may otherwise have arising out of this Agreement. 9.30 Public Access to Records: The Commission reserves the right to unilaterally cancel this agreement for refusal by the Grantee or its contractors to allow public access to all documents, papers, letters, records or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion and after financial audit of the Project, and after payment, provision for payment, or reimbursement of all Project costs payable from the Project Account is made, the Grantee shall remit to the Commission its share of any unexpended balance in the Project Account. 11.00 Audit and Inspection: The Grantee shall permit, and shall require its contractors to permit, the Commission's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the Project at all reasonable times including upon completion of the Project, and without notice. 12.00 Contracts of the Grantee: 12.10 Third Party Agreements: The Grantee shall not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund moneys, including transportation operator and consultant contracts or amendments thereto, with any third party with respect to the Project without being able to provide a written certification by the Grantee that the contract or obligation was executed in accordance with the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 12 of 28 Packet Pg. 480  Statutes, and the rules promulgated by the Department of Management Services. Failure to provide such certification, upon the Commission's request, shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. The Grantee agrees, that by entering into this Agreement, it explicitly certifies that all of its third party contacts will be executed in compliance with this section. 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Commission in a project with a Grantee, where the project involves a consultant contract for any service, is contingent on the Grantee complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. The Grantee shall certify compliance with this law to the Commission for each consultant contract it enters. 12.30 Competitive Procurement: Procurement of all services, vehicles, equipment or other commodities shall comply with the provisions of Section 287.057, Florida Statutes. Upon the Commission's request, the Grantee shall certify compliance with this law. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of this Agreement, the Grantee shall not discriminate against any employee or applicant for employment because of race, age, disability, creed, color, sex or national origin. The Grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, disability, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Grantee shall post, in conspicuous places available to employees and applicants for employment for Project work, notices setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: The Grantee must comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Statute 252), the Regulations of the Federal Department of Transportation, the Regulations of the Federal Department of Justice and the assurance by the Grantee pursuant thereto. 13.30 Prohibited Interests: 13.31 Contracts or Purchases: Unless authorized in writing by the Commission, no officer of the Grantee, or employee acting in his or her official capacity as a purchasing agent, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for the Grantee from any business entity of which the officer or employee or the officer's or employee's business associate or spouse or child is an officer, partner, Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 13 of 28 Packet Pg. 481  director, or proprietor or in which such officer or employee or the officer's or employee's spouse or child, or any combination of them, has a material interest. 13.32 Business Conflicts: Unless authorized in writing by the Commission, it is unlawful for an officer or employee of the Grantee, or for any company, corporation, or firm in which an officer or employee of the Grantee has a financial interest, to bid on, enter into, or be personally interested in the purchase or the furnishing of any materials, services or supplies to be used in the work of this agreement or in the performance of any other work for which the Grantee is responsible. 13.33 Solicitations: No officer or employee of the Grantee shall directly or indirectly solicit or accept funds from any person who has, maintains, or seeks business relations with the Grantee. 13.34 Former Employees - Contractual Services: Unless authorized in writing by the Commission, no employee of the Grantee shall, within 1 year after retirement or termination, have or hold any employment or contractual relationship with any business entity in connection with any contract for contractual services which was within his or her responsibility while an employee. 13.35 Former Employees - Consulting Services: The sum of money paid to a former employee of the Grantee during the first year after the cessation of his or her responsibilities, by the Grantee, for contractual services provided to the Grantee, shall not exceed the annual salary received on the date of cessation of his or her responsibilities. The provisions of this section may be waived by the Grantee for a particular contract if the Grantee determines, and the Commission approves, that such waiver will result in significant time or cost savings for the Grantee and the project. The Grantee shall insert in all contracts entered into in connection with this Agreement and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer, or employee of the Grantee during his tenure or for one year thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this section shall not be applicable to any agreement between the Grantee and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.40 Non-discrimination of Persons With Disabilities: The Grantee and any of its contractors or their sub-contractors shall not discriminate against anyone on the basis of a handicap or disability (physical, mental or emotional impairment). The Grantee agrees that no funds shall be used to rent, lease or barter any real property that is not accessible to persons with disabilities nor shall any meeting be held in any facility unless the facility is accessible to persons with disabilities. Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 14 of 28 Packet Pg. 482  The Grantee shall also assure compliance with The Americans with Disabilities Act, as amended, as it may be amended from time to time. 13.50 Lobbying Prohibition: No Grantee may use any funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. No Grantee may employ any person or organization with funds received pursuant to this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The “purpose of lobbying” includes, but is not limited to, salaries, travel expenses and per diem, the cost for publication and distribution of each publication used in lobbying; other printing; media; advertising, including production costs; postage; entertainment; telephone; and association dues. The provisions of this paragraph supplement the provisions of Section 11.062, Florida Statutes, which is incorporated by reference into this Agreement. 13.60 Public Entity Crimes: No Grantee shall accept any bid from, award any contract to, or transact any business with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to section 287.133, Florida Statutes. The Grantee may not allow such a person or affiliate to perform work as a contractor, supplier, subcontractor, or consultant under a contract with the Grantee. If the Grantee was transacting business with a person at the time of the commission of a public entity crime which resulted in that person being placed on the convicted vendor list, the Grantee may also not accept any bid from, award any contract to, or transact any business with any other person who is under the same, or substantially the same, control as the person whose name appears on the convicted vendor list so long as that person's name appears on the convicted vendor list. 13.70 Homeland Security: Grantee shall utilize the U.S. Department of Homeland Security's E-Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of: 1. all new persons employed by the grantee during the term of the grant agreement to perform employment duties within Florida; and 2. all new persons, including subcontractors, assigned by the grantee to perform work pursuant to the contract with the Commission. The Commission shall consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the vendor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this agreement. Refer to the U.S. Department of Homeland Security’s website at www.dhs.gov to learn more about E-Verify. Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 15 of 28 Packet Pg. 483 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: All Proposals, Plans, and Specifications for the acquisition, reconstruction, or improvement of vehicles or equipment, shall show that such vehicles or equipment are equipped to prevent and control environmental pollution. 14.20 Commission Not Obligated to Third Parties: The Commission shall not be obligated or liable hereunder to any party other than the Grantee. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Commission of any payment to the Grantee constitute or be construed as a waiver by the Commission of any breach of covenant or any default which may then exist, on the part of the Grantee, and the making of such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission for such breach or default. 14.40 How Contract Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the provision shall be severable and the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus and Commissions: By execution of the Agreement the Grantee represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Grantee to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or Federal law. Provided, that if any of the provisions of the Agreement violate any applicable State or Federal law, the Grantee will at once notify the Commission in writing in order that appropriate changes and modifications may be made by the Commission and the Grantee to the end that the Grantee may proceed as soon as possible with the Project. 14.70 Purchased Vehicles or Equipment: 14.71 Maintenance of Purchased Vehicles or Equipment: The Grantee agrees to maintain the vehicles and equipment purchased or financed in whole or in part with Transportation Disadvantaged Trust Funds pursuant to this Agreement in good working order for the useful life of the vehicles and equipment. The Grantee agrees not to make alterations or modifications to the equipment or vehicles without the consent of the Commission. Any lease or assignment of operational responsibility of project vehicles and equipment to third-persons is not allowed unless approved in writing by the Commission. 14.72 Utilization: The Grantee agrees to assure that all Project equipment and vehicles purchased with Transportation Disadvantaged Trust Funds are used to meet the identified transportation needs of the non-sponsored and in support of the service plan established under the provisions of Rule 41-2, Florida Administrative Code, to serve the transportation Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 16 of 28 Packet Pg. 484  needs of the transportation disadvantaged of the area. Purchased Project equipment and vehicles shall be operated to their maximum possible efficiency. Purchased vehicles and equipment will be used for the period of their useful lives in accordance with the most current Commission policies. The Commission may, after consultation with the Grantee, transfer purchased equipment and vehicles that it deems to be underutilized or that is not being operated for its intended purpose. This underutilized equipment and vehicles will be returned to the Commission at a specified location at a mutually agreeable time. Reimbursement of any equity or interest of the Grantee will be made after another party has assumed the obligations under the terms and conditions of this Agreement or disposal of said items by sale has occurred. The Commission shall make the sole determination of the Grantee’s interest and reimbursement. As determined by the Commission, failure to satisfactorily utilize vehicles and equipment that are purchased with Project funds shall be sufficient cause for non-payment by the Commission as provided in Paragraph 8.25. 14.73 Disposal of Purchased Project Equipment: Useful life of capital equipment is defined in the Commission’s Capital Equipment Procedure as incorporated herein by reference. The following applicable process must be used prior to disposition of any capital equipment purchased with these grant funds: a) While the Grantee is still under contract with the Commission and the capital equipment still has useful life, the Grantee must request written approval from the Commission prior to disposing of any equipment purchased or financed in whole or in part pursuant to this Agreement, including vehicles, during its useful life, for any purpose. Proceeds from the sale of purchased project equipment and vehicles shall be documented in the project file(s) by the Grantee. With the approval of the Commission, these proceeds may be re-invested for any purpose which expands transportation disadvantaged services for the non-sponsored. If the Grantee does not elect to re-invest for purposes which expand transportation disadvantaged services, the gross proceeds from sale shall be refunded to the Commission in the same participation percentage ratios as were used to fund the original purchase. b) The purchase of all vehicles and equipment financed in whole or in part pursuant to this Agreement shall be undertaken by the Grantee on behalf of the Florida Commission for the Transportation Disadvantaged in accordance with State regulations and statutes. Title to any vehicle purchased with Project funds shall be in the name of the Grantee, subject to lien in favor of the Commission. The Commission will relinquish all interest in the vehicles and equipment when it has reached the end of its useful life and at this time the Commission will satisfy its lien of record. c) When a Grantee is no longer an eligible recipient of trip and equipment grant funds and no longer a Commission approved Community Transportation Coordinator, the capital equipment with useful life purchased with these grant funds must be transferred to an eligible recipient in accordance with the Commission’s Capital Equipment Procedure. Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 17 of 28 Packet Pg. 485 15.00 Plans and Specifications: In the event that this agreement involves the purchasing of capital equipment or major components thereof, upon the Commission's request the Grantee shall submit to the Commission, certification that all such equipment meets or exceeds the requirements as identified in Exhibit "A." Failure to abide by this requirement shall be sufficient cause for nonpayment by the Commission as provided in Paragraph 8.23. 16.00 Contractual Indemnity: To the extent permitted by law, the Grantee shall indemnify, defend, save, and hold harmless the Commission and all their officers, agents or employees from all suits, actions, claims, demands, and liability of any nature whatsoever arising out of, because of, or due to breach of the agreement by the Grantee or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the Grantee, its subcontractors, agents or employees. Neither the Grantee nor any of its agents will be liable under this article for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the Commission or any of their officers, agents or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar provision of law. Notwithstanding the foregoing, pursuant to Section 768.28, Florida Statutes, no agency or subdivision of the state shall be required to indemnify, insure, or assume any liability for the Commission's or any subcontractor’s or other entity’s negligence. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. If applicable, Grantee’s performance of its obligations under this Agreement is subject to an appropriation by the Grantee’s Board of County Commissioners for the purposes set forth hereunder. The Commission acknowledges where the Grantee is a political subdivision of the State of Florida it is authorized to act in accordance with the Grantee’s purchasing ordinance(s), laws, rules and regulations. 17.20 Multi-Year Commitment: Whereas the Commission is created in the Florida Department of Transportation (Department) and assigned to the Secretary of the Florida Department of Transportation for administrative and fiscal accountability purposes; in the event this agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(7)(a) and Section 287.058, Florida Statutes, are hereby incorporated: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 18 of 28 Packet Pg. 486  succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of twenty-five thousand dollars and having a term for a period of more than one year. In the event that this Agreement is for more than one year, this Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial Agreement or for a period no longer than the term of the original Agreement, whichever period is longer, on the condition that renewals shall be contingent upon satisfactory performance evaluations by the Grantee and is subject to the availability of funds. The Commission’s performance and obligation to pay under any multi-year Agreement is explicitly contingent upon an annual appropriation by the Legislature. 18.00 Expiration of Agreement: The Grantee agrees to complete the Project on or before June 30, 2015. If the Grantee does not complete the Project within this time period, this agreement will expire. Expiration of this agreement will be considered termination of the Project and the procedure established in Article 9.00 of this agreement shall be initiated. For the purpose of this Article, completion of project is defined as the latest date by which services may have been provided or equipment funds may have been received as provided in the project description (Exhibit "A"). Unless otherwise extended by the Commission, all reimbursement invoices must be received by the Commission no later than August 15, 2015. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Vendors and Subcontractors Rights: 21.10 Vendors (in this document identified as the Grantee) providing goods and services to the Commission will receive payments in accordance with section 215.422, Florida Statutes. The parties hereto acknowledge Section 215.422, Florida Statutes, and hereby agree that the time in which the Commission is required to approve and inspect goods and services shall be for a period not to exceed eleven (11) working days upon receipt of a proper invoice. The Florida Department of Transportation has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services after receiving an approved invoice from the Commission. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within forty (40) days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty per day (as defined by Rule) will be due and payable, in addition to the invoice amount to the Grantee. The interest penalty provision applies after a 35 day time period to health care providers, as Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 19 of 28 Packet Pg. 487  defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Grantee requests payment. Invoices which have to be returned to a Grantee because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Commission. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from the Commission. The Vendor Ombudsman may be contacted at (850) 413-5516 or toll free (877) 693-5236. 21.20 Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes. Each third party contract from the Grantee to a subcontractor for goods or services to be performed in whole or in part with Transportation Disadvantaged Trust Fund moneys, must contain the following statement: When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within seven (7) working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of one percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. 22.00 Modification: This Agreement may not be changed or modified unless authorized in writing by the Commission. Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 20 of 28 Packet Pg. 488  FM/JOB No(s). 43202718401/43202818401 CONTRACT NO. AGREEMENT DATE IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. GRANTEE: Okaloosa County Board of COMMISSION FOR THE TRANSPORTATION County Commissioners DISADVANTAGED BY: BY: TITLE: TITLE: Executive Director (Commission Designee) Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 21 of 28 Packet Pg. 489  FM/JOB No(s). 43202718401/43202818401 CONTRACT NO. AGREEMENT DATE EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES TRIP/EQUIPMENT This exhibit forms an integral part of that Grant Agreement, between the State of Florida, Commission for the Transportation Disadvantaged and Okaloosa County Board of County Commissioners (1804 Lewis Turner Boulevard, Suite 206, Fort Walton, Florida 32547). PROJECT LOCATION: Okaloosa County(ies) PROJECT DESCRIPTION: To purchase passenger trips and/or capital equipment so that transportation can be provided to the non-sponsored transportation disadvantaged in accordance with Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Program Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on April 2, 2014. Services shall be provided and equipment, including vehicles, will be utilized through a coordinated transportation system which has a Memorandum of Agreement in effect, as set forth in Chapter 427, Florida Statutes and Rule 41-2, Florida Administrative Code. Trips shall be purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this agreement. Capital equipment will consist of: None SPECIAL CONSIDERATIONS BY GRANTEE: 1. All project equipment or vehicles shall meet or exceed the applicable criteria set forth in the latest Florida Department of Transportation's Guidelines for Acquiring Vehicles or criteria set forth by any other federal, state, or local government agency. SPECIAL CONSIDERATIONS BY COMMISSION: Not applicable Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 22 of 28 Packet Pg. 490  FM/JOB No(s). 43202718401/43202818401 CONTRACT NO. AGREEMENT DATE EXHIBIT "B" PROJECT BUDGET AND DISBURSEMENT SCHEDULE This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and Okaloosa County Board of County Commissioners (1804 Lewis Turner Boulevard, Suite 206, Fort Walton, Florida 32547). I. PROJECT COST: Estimated Project Cost shall conform to those eligible Costs as indicated by Chapter 427, Florida Statutes, Rule 41-2, Florida Administrative Code, the most current Commission policies and the Program Manual for the Trip & Equipment Grant for non-sponsored trips and/or capital equipment as revised on April 2, 2014. Trips shall be purchased at the fares indicated in Exhibit B, Page 2 of 2 attached to and made a part of this agreement. Grantee shall invoice on a monthly basis actual costs that may be above or below (+/-) the amount of the monthly allocation disbursement schedule reflected on Exhibit “B”. At times, this may result in “underbilling” or “overbilling”. Any excess (underbilled) funds may be recaptured on a monthly invoice that does not exceed the cumulative total of funds disbursed to date with supporting documentation. No excess funds remaining on the grant at the end of the grant period will be reimbursed to the Grantee. Any overpayment of TD funds must be repaid to the Commission upon project completion. Non-sponsored Trips $516,577.00 FM# 43202718401 Voluntary Dollar $56.00 FM# 43202818401 TOTAL $516,633.00 II. SOURCE OF FUNDS: Commission for the Transportation Disadvantaged State Funds (no more than 90%) $464.919.00 Local Cash Funds $51,658.00 Voluntary Dollar Contributions $50.00 Monetary Value of In-Kind Match $6.00 Total Project Cost $516,633.00 III. DISBURSEMENT SCHEDULE OF COMMISSION (State) FUNDS FY 14/15 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun $38,796 $38,743 $38,743 $38,743 $38,743 $38,743 $38,743 $38,743 $38,743 $38,743 $38,743 $38,743 Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 23 of 28 Packet Pg. 491  TRANSPORTATION DISADVANTAGED TRUST FUND SERVICE RATES EXHIBIT B PAGE 2 OF 2 COMMUNITY TRANSPORTATION COORDINATOR: Okaloosa Board of County Commissioners EFFECTIVE DATE: July 1, 2014 UNIT COST PER UNIT TYPE OF SERVICE TO BE (Passenger Mile or Trip) $ PROVIDED Ambulatory Passenger Mile 1.40 Wheelchair Trip (Pick Up) 5.00 Wheelchair Passenger Mile 1.68 Stretcher Trip (Pick Up) 25.00 Stretcher Passenger Mile 4.50 Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 24 of 28 Packet Pg. 492  FM/JOB No(s). 43202718401/43202818401 CONTRACT NO. AGREEMENT DATE EXHIBIT "C" TRIP/EQUIPMENT This exhibit forms an integral part of that certain Grant Agreement between the Florida Commission for the Transportation Disadvantaged and Okaloosa County Board of County Commissioners (1804 Lewis Turner Boulevard, Suite 206, Fort Walton, Florida 32547). THE GRANTEE SHALL RETAIN AND/OR SUBMIT THE FOLLOWING REQUIRED DOCUMENTS AND CERTIFICATIONS: DOCUMENTS: Submit invoices for goods and services, with detailed supporting documentation, in detail sufficient for a proper pre-audit and post-audit thereof. Retain, and upon request, submit drivers’ manifests, with supporting detailed documentation, in detail sufficient for a proper pre-audit and post-audit thereof. CERTIFICATIONS: Certification of Equivalent Service in accordance with the Commission's policy on the acquisition of vehicles as it pertains to the Americans with Disabilities Act, as amended. Said certification shall accompany any reimbursement request for vehicles and shall use the Commission approved format. THIRD PARTY CONTRACTS: The Grantee must certify to all third party contracts pursuant to Section 12.10 except that written approval is hereby granted for: 1. Contracts furnishing contractual services or commodities from a valid State or inter- governmental contract including the Memorandum of Agreement and Transportation Disadvantaged Service Plan as set forth in Section 287.042(2), Florida Statutes. 2. Contracts furnishing contractual services or commodities for an amount less than Category II as set forth in Section 287.017(2), Florida Statutes ($35,000). 3. Contracts for consultant services for an amount less than Category I as set forth in Section 287.017(1), Florida Statutes ($20,000). Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 25 of 28 Packet Pg. 493  FM/JOB No(s). 43202718401/43202818401 CONTRACT NO. AGREEMENT DATE EXHIBIT “D” STATE AGENCY: FLORIDA DEPARTMENT OF TRANSPORTATION / FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED CSFA #: 55.001 TITLE: FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (COMMISSION) TRIP AND EQUIPMENT GRANT PROGRAM TOTAL STATE FUNDING AMOUNT: $464,969.00 COMPLIANCE REQUIREMENTS: ALLOWED ACTIVITIES: Trip An eligible non-sponsored trip is one that originates or ends in the Community Transportation Coordinator’s service area. The Commission funds for non-sponsored trips shall be expended through a Community Transportation Coordinator, which is operating under a current Memorandum of Agreement (MOA), and will be expended at the fare structure contained in the approved Transportation Disadvantaged Service Plan for the particular type or mode of service. Lack of an executed MOA and approved Transportation Disadvantaged Service Plan will prevent the expenditure of any of these non- sponsored trip/equipment funds unless otherwise approved in writing by the Commission or their designee. [Program Manual for Trip & Equipment Grants, Rule 41-2.014, Florida Administrative Code]. Equipment Capital Equipment is any equipment used to maintain or provide improved or expanded transportation services to the transportation disadvantaged and is exclusively utilized by the Community Transportation Coordinator. Eligible capital equipment includes but is not limited to:  small medium buses, cutaway vans (van body on truck chassis), etc.;  station wagons or vans;  wheelchair lifts, ramps, and restraints;  two-way radios and communications equipment (TDD-Telecommunications Device for the Deaf), cell phones, excluding annual service contracts;  computer hardware/software;  support equipment, other than items specifically identified in this section, above $500 per piece;  vehicle procurement, testing, inspection acceptance, and vehicle rehabilitation when the rehabilitation extends the life of the vehicle one year beyond the original expectancy; and  initial installation or set-up costs of any of the above items. Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 26 of 28 Packet Pg. 494  EQUIPMENT/REAL PROPERTY MANAGEMENT: All vehicles purchased with Transportation Disadvantaged Funds shall be titled to the recipient agency with a lien to the Florida Commission for the Transportation Disadvantaged. Equipment purchased with this grant shall be for exclusive use by the Community Transportation Coordinator and shall not be leased or assigned for operational responsibility to third parties, unless approved in writing by the Commission. The Commission shall retain a majority of the interest in all capital equipment until the useful life of such equipment has been consumed. At that time, the grantee may dispose of such equipment with the written permission of the Commission in accordance with the Commission’s Capital Equipment Procedures. [Program Manual for Trip & Equipment Grants]. In accordance with the Americans with Disabilities Act, all vehicles purchased through this grant, which are to be utilized on a fixed route/fixed schedule service, must be lift equipped. Recipients who intend to utilize project vehicles for demand response services shall assure their demand response service offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. [Program manual for the Trip & Equipment Grants]. The Community Transportation Coordinator may allocate up to 25 percent of the total project budget for capital expenditures excluding voluntary dollar contributions. Each vehicle or other capital equipment purchase must be covered for liability insurance. The Commission must be made an additional insured for liability policies. [Program Manual for Trip & Equipment Grants, Rule 41- 2.014(2)(a), Florida Administrative Code]. MATCHING: The trip/equipment grant program requires a local match. In defining local match, Rule 41-2.014(3), Florida Administrative Code, requires that eligible grant recipients must provide at least 10 percent of the total project cost as the local share. Examples of cash generated from local sources include local appropriations, dedicated tax revenues, private donations, net income generated from advertising and concessions, contract revenues, and farebox revenues. No federal or state revenues are acceptable as local generated cash. [Program Manual for Trip & Equipment Grants]. A 10 percent match is required for the money from the voluntary dollar contribution generated from the annual vehicle registration forms and must be in-kind match. Examples of in-kind match include non-cash donations, volunteered services, and salaries and fringe benefits. The value of each of these must be documented, reasonable and necessary for the arrangement or provision of transportation disadvantaged services. Service provided with State or Federal government revenues is not accepted as in-kind match. [Program Manual for Trip & Equipment Grants]. PERIOD OF AVAILABILITY: Project costs eligible for State participation will be allowed only from the date of the Agreement. [Grant Agreement Provision 4.20]. SUBRECIPIENT MONITORING: Third party contracts are contracts between a grantee and any subgrantee, or pass through funding recipient, consultants, or others in the private sector for work needed to carry out a project. Unless otherwise authorized in writing by the Commission, the Grantee may not execute any contract or obligate itself in any manner requiring the disbursement of Transportation Disadvantaged Trust Fund money, including transportation operator and consultant contracts or amendments thereto, with any third party with respect to the project without being able to provide a written certification (upon the Commission's request) by the Grantee that the contract or obligation was executed in accordance with Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 27 of 28 Packet Pg. 495  the competitive procurement requirements of Chapter 287, Florida Statutes, Chapter 427, Florida Statutes, and the rules promulgated by the Department of Management Services. The procurement, execution, audit and closing of third-party contracts are basic grantee responsibilities and must be carried out using the same guidelines and procedures as described in Chapter 287, Florida Statutes. Inter-agency agreements or contracts passing through grant funds to other public bodies (including public transit operators) or transportation operators as defined in Chapter 427, Florida Statutes, are not third-party contracts. However, the pass-through recipient must comply with Chapter 287, Florida Statutes, if it enters into any subsequent third-party contract using Transportation Disadvantaged Trust Funds. [Grant Agreement Provision 12.10; Program Manual for Trip & Equipment Grants]. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, as revised, monitoring procedures may include, but not be limited to, on-site visits by Commission staff. The Grantee agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Commission, the Florida Department of Transportation’s Office of Inspector General (OIG) and Florida’s Chief Financial Officer or Auditor General. [Program Manual for Trip & Equipment Grants]. Trip & Equipment Grant Agreement 2014/2015 Form Rev. 4/2/2014 Page 28 of 28 Packet Pg. 496  RESOLUTION NO. 14-____ A RESOLUTION of the BOARD OF COUNTY COMMISSIONERS of OKALOOSA COUNTY, hereinafter BOARD, herby authorizes the execution of a Transportation Disadvantaged Trust Fund Grant Application with the Florida Commission for the Transportation Disadvantaged. WHEREAS, this BOARD has the authority to file a Transportation Disadvantaged Trust Fund Grant Application and to undertake a transportation disadvantaged service project as authorized by Section 427.0159, Florida Statutes, and Rule 41-2, Florida Administrative Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD THAT: 1. The BOARD has the authority to file this grant application. 2. The BOARD authorizes the Chairman or Vice-Chairman to file and execute the applications on behalf of Okaloosa County with the Florida Commission for the Transportation Disadvantaged. 3. The BOARD’S Registered Agent in Florida is the Chairman. The Registered Agents address is: 1804 Lewis Turner Blvd. Suite 100, Fort Walton Beach, FL 32547. 4. The BOARD authorizes the Chairman or Vice-Chairman, in the Chairman’s absence, to sign any and all agreements, contracts, all assurances, warranties, certifications and any other documents which may be required in connection with the grant application or subsequent grant related agreements. 5. The BOARD also authorizes the Contracts and Grants Manager to sign any and all reimbursement invoices. DULY PASSES AND ADOPTED in regular session this 17th day of June, 2014 BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Charles K. Windes, Jr. , Chairman ATTEST: CLERK OF CIRCUIT COURT Gary T. Stanford Deputy Clerk Packet Pg. 497 Packet Pg. 498 Packet Pg. 499  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Ozean Resort - Ozean Mixed Use Development DEPARTMENT: Growth Management BCC DISTRICT: 2 STATEMENT OF ISSUE: To review the site development plans for Ozean Resort - a mixed use development consisting of a proposed 193 room hotel, 100 condominium dwelling units, 140 marina slips, and a 15,297 square foot commercial mixed use building (restaurant, retail, office, and marina operations) located at the northwest corner of Miracle Strip Parkway (SR 30) and Gulf National Seashore Road, east of Elk’s Lodge on Okaloosa Island. The proposed development will be built in three (3) phases of which Phase I consists of the 193 room 6-story hotel and the 15,297 square foot 2 - story mixed use commercial building; Phase II consists of the 140 slip marina; and Phase III consists of 100 condominium dwelling units. The property is currently zoned Light Commercial & Concession Areas (B 3) and the Future Land Use Map (FLUM) designation is Okaloosa Island (OI). Property contains 6.51 acres more or less. BACKGROUND: As provided by Chapter 74-456 of the Laws of Florida, the Board of County Commissioners (BCC) has final approval for any development on Okaloosa Island governed by the Okaloosa Island Protective Covenants and Restrictions. Section 3.01.00 of the Land Development Code requires that any proposed development shall be reviewed by the Okaloosa Island Leaseholders Association Architectural Review Committee (ARC) which must make recommendation to the Board of County Commissioners. The proposed mixed use type development was reviewed by the ARC on December 19, 2013 which found it to be in compliance with the Okaloosa Island Protective Covenants and Restrictions. Staff has reviewed the proposed development and found that is consistent with the Okaloosa County Comprehensive Plan and Land Development Code, and concurs with the ARC’s determination regarding the Okaloosa Island Protective Covenants and Restrictions. As an informational note, the County had previously issued a development order for a 450 unit hotel room on January 9, 2009 for the same property where the proposed mixed use type development will be located. OPTIONS: Approve or Disapprove RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the proposed development as presented with the conditions that a revised FDOT Driveway Construction Plan that complies with the FDOT and Public Works review comments/conditions shall be provided. The traffic signal design plans shall be reviewed and approved by the FDOT and Okaloosa County prior to permitting and installation of the proposed traffic signal. Staff also recommends that the Board allow staff to post the Notice of Intent to Issue a Development Order sign on the project site and to issue a development order when the condition specified above has Packet Pg. 500 been met. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 501  ATTACHMENT - A 00-2S-24-2185-0013-0010/0020/0030 OCEAN CITY EGLIN WRIGHT SHALIMAR HURLBURT FORT FIELD MARY WALTON ESTHER BEACH SUBJECT PROPERTY Legend : Roads Location Map Packet Pg. 502  ATTACHMENT - B 00-2S-24-2185-0013-0010/0020/0030 SUBJECT PROPERTY M IR A C L E S T R I P P K WY Legend Parcel Lines Aerial Photo : Packet Pg. 503  ATTACHMENT - C 00-2S-24-2185-0013-0010/0020/0030 GULF NATIONAL SEA SHORE RD CONDOMINIA 0.596206 CONDOMINIA 1.562781 EGLIN AFB CLUBS/LODGES/HALLS 1.562781 DOMINIA 2.32662 432077 SUPERMARKET 0.426981 MIRACLE ST RIP PK WY DOMINIA FOREST,PRKS,REC-CNTY 021781 21.287229 EGLIN AFB 1.562781 FOREST,PRKS,REC-CNTY : 21.287229 Existing Land Use Map Packet Pg. 504  ATTACHMENT - D 00-2S-24-2185-0013-0010/0020/0030 WATER GULF NATIONAL SEA SHORE DR SUBJECT PROPERTY FR ISLAN MIRACLE STRIP PKW Y Legend ISLAN Future Land Use Map : Packet Pg. 505  ATTACHMENT - E 00-2S-24-2185-0013-0010/0020/0030 WATER SUBJECT PROPERTY EGLIN AFB MIRACLE STR IP PKW Y B-3 REC Legend B-3 REC Zoning Map : Packet Pg. 506  ATTACHMENT - F 00-2S-24-2185-0013-0010/0020/0030 WATER SUBJECT PROPERTY C PL MIRACLE STRIP PKW Y MU Legend : Commercial (C) Mixed Use (MU) Public Land (PL) Future 1990 Land Use Map ) Packet Pg. 507 Packet Pg. 508  ATTACHMENT - H NORTH * VICINITY MAP PROJECT LOCATION 93+00 94+00 95+00 96+00 97+00 98+00 99+00 100+00 101+00 Packet Pg. 509  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Sandman Contract C14-2150-CAO Final Payment DEPARTMENT: Tourist Development Department BCC DISTRICT: BACKGROUND: The County issued a Notice to Proceed in accordance with contract C14- 2150-CAO on February 26. Although the Cleaning Schedule and Compensation section of the agreement states work will be performed March 1 - April 30, work actually commenced February 27. March monthly services have already been paid. February 27 & 28 services are being included with the month of April services for consideration in the final payment request. Payments under this emergency contract for services performed in February, March, and April will total $90,945.18, which is less than the overall emergency contract not to exceed amount of $92,888.25. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve final payment of $46,674.08 on contract C14-2150-CAO, including services performed February 27 & 28 and the month of April. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 510 Packet Pg. 511 Packet Pg. 512 Packet Pg. 513 Packet Pg. 514 Packet Pg. 515 Packet Pg. 516 Packet Pg. 517 Packet Pg. 518 Packet Pg. 519 Packet Pg. 520 Packet Pg. 521 Packet Pg. 522 Packet Pg. 523 Packet Pg. 524 Packet Pg. 525 Packet Pg. 526 Packet Pg. 527 Packet Pg. 528 Packet Pg. 529  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Ed Schroeder SUBJECT: Welcome Center Advertising - advance payment DEPARTMENT: Tourist Development Department BCC DISTRICT: STATEMENT OF ISSUE: Request approval for payment in advance for VisitFlorida Welcome Center brochure and transparency advertising in the amount of $2,385.50. BACKGROUND: The Tourist Development Department has been partnering with VisitFlorida for many years to place brochure and transparency advertisements at Welcome Centers located along I-10, I-75, I-95, US-231, and at the Capitol. The annual renewal period is July 1, 2014 - June 30, 2015 and the cost is $2,385.50. This program is a pay to play opportunity and payment must be made in advance in order to display. If payment is not received by July 1, 2014 the displays are in jeopardy of being cancelled. Pursuant to Section E.700(2) of the Tourist Development Department Operations and Procedures Manual, no advancement of funds will be issued unless specifically approved by the Board. Pursuant to the State Chief Financial Officer’s Reference Guide for State Expenditures, advance payment may be made if the payment results in savings equal to or greater than the amount earned by investing the funds and paying later or if the payment is essential to the operations of the agency and the goods or services are available only if advance payment is made. In this particular case, the services are available only if advance payment is made. OPTIONS: Approve or Disapprove RECOMMENDATION: Approve payment in advance for VisitFlorida Welcome Center brochure and transparency advertising in the amount of $2,385.50. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 530 Packet Pg. 531 Packet Pg. 532 Charlotte Dunworth From: Annette Larson [alarson@visitflorida.org] Sent: Monday, June 02, 2014 12:13 PM To: Charlotte Dunworth Subject: Re: FW: Please e-sign Welcome Center Renewal Due:WC-Renewal-Emerald Coast Convention & Visitors Bureau Charlotte, If payment is not received by July 1, 2014 the display is in jeopardy of being cancelled. This program is a pay to play opportunity and therefore payment must be made in advance in order to display. The CVB has been participating in this program for many years and the terms have always been the same. Please let me know if you have any questions. Annette Larson Visitor Services Coordinator VISIT FLORIDA® O: 850-205-3864 www.VISITFLORIDA.com On Mon, Jun 2, 2014 at 11:26 AM, Charlotte Dunworth <cdunworth@co.okaloosa.fl.us> wrote: Good morning Annette, According to the agreement below, “payment is due at the time of this acceptance.” Okaloosa County typically pays invoices after services are rendered, and would therefore pay the invoice in June 2015. We are able to pay in advance of services being rendered in very limited circumstances, given appropriate documentation: 1) advance payment results in a savings equal to or greater than the amount that would be earned by investing the funds and paying later or 2) goods or services are available only if advance payment is made Is payment in June 2015 acceptable? If not, please be so kind as to advise whether either of the situations noted above apply… Are the fees discounted in any fashion for payment in advance? Are we unable to participate at the welcome centers unless payment is made in advance? 1 Packet Pg. 533 Thank you, Charlotte Dunworth Finance, Administration, & Compliance Manager | Okaloosa County Tourist Development Department | 850‐609‐5385 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: Sherry Rushing Sent: Friday, May 16, 2014 12:13 PM To: Charlotte Dunworth Subject: FW: Please e-sign Welcome Center Renewal Due:WC-Renewal-Emerald Coast Convention & Visitors Bureau FYI ‐ Sherry From: VISIT FLORIDA Welcome Centers [mailto:echosign@echosign.com] Sent: Friday, May 16, 2014 10:18 AM To: Sherry Rushing Subject: Please e-sign Welcome Center Renewal Due:WC-Renewal-Emerald Coast Convention & Visitors Bureau 2 Packet Pg. 534  VISIT FLORIDA Welcome Centers Has Sent You Welcome Center Renewal Due:WC-Renewal- Emerald Coast Convention & Visitors Bureau to e- sign VISIT FLORIDA Welcome Centers (VISIT FLORIDA) says: "Thank you for your continued participation with the Official Florida Welcome Centers. In order to renew your participation, please follow these two steps: 1. eSign this renewal agreement 2. Look for an emailed invoice to pay online or mail in with a check. If you do not receive your emailed invoice within 24 hours of e-signing, please call me at 850-205- 3864. Kind regards, Annette Larson" Click here to review and e-sign Welcome Center Renewal Due:WC-Renewal-Emerald Coast Convention & Visitors Bureau. With just one simple step, you can electronically sign this document. After you e- sign Welcome Center Renewal Due:WC- Renewal-Emerald Coast Convention & Visitors Bureau, all parties will receive a final PDF copy by email. If you are using a mobile device or having trouble with the link above Click here. Do you need to forward this to a party authorized to sign it? Click here To ensure that you continue receiving our emails, please add echosign@echosign.com to your address book or safe list. 3 Packet Pg. 535 4 Packet Pg. 536  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: New OC Admin Building - 50% Drawings Presentation DEPARTMENT: Facility Maintenance BCC DISTRICT: All STATEMENT OF ISSUE: (FM) Requests BCC Direction Regarding the Scope and Design of the Proposed Okaloosa County Administration Building to be built at the former Shalimar Annex site in Shalimar. BACKGROUND: The Design-Build contractor has continued to refine the preliminary building design to produce a final design scheme around which final construction drawings for the new Okaloosa County Administration Building will be developed. To assist in defining the overall project scope, representatives of the Design-Build group will present the current 50% drawings for the Board's direction. The 50% drawings represent the proposed final iteration of the building design and interior layout. After the presentation, the Board will be asked for its approval of the presented scheme. Once approved, the technical details will be added to meet the user groups' and regulatory agency's requirements. When all the details are added to the 50% drawings, the design phase of the project is complete. It's important to note that it's very important for the Board to approve the plans now. Any delay may cause the project to miss its completion deadline and Uptown Station leases may not be vacated on time. RECOMMENDATIONS: (FM) Requests BCC approval of the presented 50% plans for the proposed Okaloosa County Administration Building and authorize the plans to continue to be developed to 100%. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 537  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: OC Admin Building - Change Order for Demolition DEPARTMENT: Facility Maintenance BCC DISTRICT: All STATEMENT OF ISSUE: (FM) Requests BCC approval of a Change Order to the D-B contract with Lord & Son on the Okaloosa County Administration Building to add the Demolition of the buildings to be razed. BACKGROUND: With the asbestos abatement of the buildings to be razed at the former Shalimar annex property being completed, the front five buildings must be demolished to make room for the new building. The demolition work has been bid out by the D-B contractor and the total cost to demolish the buildings and properly dispose of the waste is $178,784.69. This cost is significantly lower than the pre-design budget estimate for this element of the project. To avoid any delay in the start of construction on the new building, the demolition activities at the site must begin right away. Any delay in acting on this Change Order may result in the new building not being ready for occupancy prior to the expiration of the current leases at Uptown Station. RECOMMENDATIONS: Requests BCC approval of a Change Order in the amount of $178,784.69 to the D-B Contract with Lord & Son on the Okaloosa County Administration Building to add the Demolition of the buildings to be razed. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 538 Packet Pg. 539 Packet Pg. 540 Packet Pg. 541 Packet Pg. 542 Packet Pg. 543 Packet Pg. 544 Packet Pg. 545 Packet Pg. 546 Packet Pg. 547 Packet Pg. 548 Packet Pg. 549 Packet Pg. 550  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Submerged Lands Lease Annual Wet Slip Report and Gross Income Reporting for the Pier DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: Submittal of the Annual Wet Slip Revenue Report and Gross Income Reporting Form for FY13/14. This requirement was implemented in the Island Pier lease renewal in May of 2006. This is in addition to the annual lease fee. BACKGROUND and ANALYSIS: Staff requested and received information from the Okaloosa Island Pier’s lessee of the income received from the use of the Pier facility from May 2013 thru April 2014. This information is reported as indirect income, and Lease fees received by the county from the lessee are reported as direct income. Income is defined in Chapter 18- 21.003, Florida Administrative Code, as the gross revenue derived directly or indirectly from the use of state-owned submerged lands. However, gross revenue shall not include pass-through fees such as utility fees, sale of the facility or sales of products not occurring on sovereignty submerged lands. The Florida Department of Environmental Protection has clarified that only fees received by the County from the monthly lease and fees collected by the Lessee that are associated with fishing from and walking on the Pier are to be reported. Submittal of the Gross Income Reporting Form requires execution of a Certification. After submittal of the Gross Income Reporting Form, a supplemental invoice for additional fees will be received from the Department of Environmental Protection. OPTIONS: Approve/disapprove RECOMMENDATIONS: Request authorization for the Chairman to execute the 2013/2014 Gross Reporting Form Certification for income derived from the Okaloosa Island Pier. RECOMMENDED BY: Packet Pg. 551 APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 552 Packet Pg. 553 Packet Pg. 554 Packet Pg. 555 Packet Pg. 556  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Kay Godwin SUBJECT: Florida Blue Renewal DEPARTMENT: Human Resources BCC DISTRICT: All STATEMENT OF ISSUE: Renew employee group health insurance and Blue Medicare supplement with Florida Blue effective 10-1-14. Change the waiting period for new employees enrolling in the employee health plan to comply with the requirements of the Affordable Care Act. BACKGROUND: The current county group health insurance contracts with Florida Blue expire on 9/30/2014. There are no additional renewal periods available under the current contract. In addition to the existing Florida Blue policy, the County has a ProShare agreement with Florida Blue which is scheduled to expire on 9/30/2015. These contracts are tied together because under the terms of the ProShare agreement, if the county goes out to bid or changes healthcare insurers, the county would forfeit any refund they would be otherwise entitled to under the ProShare agreement. Though these two contracts were entered into at the same time, the expiration dates were not consistent. The ProShare agreement is very favorable to the County and returns a portion of premiums in excess of claims and administrative fees. Previous ProShare refunds have been $1.1 million in 2012 and $3.7 million in 2014. The next refund would be payable in 2016. If a new ProShare agreement was entered into, it is anticipated that the refund provisions would not be as advantageous as the current policy. Therefore Staff has been attempting to extend the Florida Blue contract for an additional year so that its expiration will be consistent with the ProShare contract. This would allow the County to obtain the favorable reimbursements for another year that is in the contract. Should the Board agree to extend the Florida Blue contract for an additional year, it would reflect a 1.84% rate increase in the employee group health plans, and the Blue Medicare rates are as described in the attached premium schedule. The ProShare Refund Agreement will remain in effect, and proceeds from the refund received in 2014 will be used to offset the $40 monthly employee contribution for another year. The Purchasing Manual, Section G.3.d.(2) states, “Risk Management shall negotiate and recommend to the Board for approval, policies of insurance coverage for property, liability and special risk insurance that would be most advantageous to the County. These purchases shall qualify as a direct payment.” Staff believes that it is in the best interest of the county to extend the Florida Blue contracts as these agreements provide cost effective insurance with the potential Packet Pg. 557 for a significant return of premiums in the future. Additionally, under the County’s Purchasing Manual, Section G.3.d.(2) (1) it states: “The Board may approve purchases of over $50,000.00 without formal bids where it is deemed to be most advantageous to the County.” Further, the Affordable Care Act mandates any waiting period for participation in an employee health plan may not exceed 90 days. Currently new county employees are eligible to participate in the employee group health plan on the first day of the first month after 90 days of employment. Note: Directors are eligible to participate in the employee group health plan on the first day of the first month following the date of employment. There would be no change for this group. Staff recommends changing the waiting period for non-director employees to the first day of the first month after 30 days of employment. The new waiting period will be effective 10/01/2014. OPTIONS: Approve the attached contracts or provide additional direction. RECOMMENDATIONS: Approve and authorize the Chairman to sign the renewal contracts with Florida Blue and change the new employee waiting period for non-director employees as described above. RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator RECOMMENDED BY: APPROVED BY: Ernie Padgett, County Administrator Packet Pg. 558 Packet Pg. 559 Packet Pg. 560 Packet Pg. 561 Packet Pg. 562 Packet Pg. 563 Packet Pg. 564 Packet Pg. 565 Packet Pg. 566 Packet Pg. 567 Packet Pg. 568 Packet Pg. 569 Packet Pg. 570 Packet Pg. 571 Packet Pg. 572 Packet Pg. 573 Packet Pg. 574 Packet Pg. 575 Packet Pg. 576 Packet Pg. 577 Packet Pg. 578 Packet Pg. 579  BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: June 17, 2014 TO: Honorable Chairman and Members of the Board FROM: Teresa Ward, Clerk to the Value Adjustment Board SUBJECT: Appointments to the Value Adjustment Board Please see the attached request concerning appointments of two Commissioners and one citizen to the Value Adjustment Board. Packet Pg. 580 Packet Pg. 581