Okaloosa County BOCC — December 4, 2012 — reading text

its contamination, including, but not limited to causes of actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever in law or in equity, known or unknown, which the Property Owner had, or now has against the County by reasons of any matters asserted in or related to the Property and its contamination and the Claim. ARTICLE IV: MISCELLANEOUS 4.1 Each party shall bear its own attorneys’ fees and costs. 4.2 The parties acknowledge that they have had the advice of counsel of their own selection in connection with the terms and conditions of this Settlement Agreement; that they have read and understand the terms and conditions of this Settlement Agreement; that they are entering into this Settlement Agreement of their own free will; and that they intend to be bound by the terms hereof. 4.3 The parties agree that there are no promises or agreements, oral or otherwise, inducing entry into this Settlement Agreement. The parties are relying only on the express terms, conditions and agreements set forth herein. The parties further agree that any promise or agreement, not expressly set forth in writing and signed by all parties, cannot be relied upon and will not be valid or enforceable. 4.4 In the event any party hereto is required to file suit to enforce the terms and conditions of this Settlement Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs against the non-prevailing party. 5 Packet Pg. 474  9.7.b.a 4.5 This Settlement Agreement constitutes the compromise of a disputed claim and the entry into this Settlement Agreement shall not be deemed to be an admission of liability on the party of any party. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY Attachment: Settlement Agreement (1320 : Remediation Settlement Agreement Approval) BY: _________________________ DON R. AMUNDS, Chair Date: ________________________ ATTEST: BY: ________________________ Clerk of Court PAUL S. HSU BY: _________________________ Date: _____________ PAUL S. HSU MAJES HSU BY:__________________________ Date:______________ MAJES HSU Signed, Sealed and Delivered in the presence of: Witnesses: 6 Packet Pg. 475  9.7.b.a (Print Name) (Print Name) Attachment: Settlement Agreement (1320 : Remediation Settlement Agreement Approval) STATE OF FLORIDA COUNTY OF ________________ The foregoing instrument was acknowledged before me this ________ day of ________________, 2013, by PAUL HSU, who: (notary must check applicable box) • is personally known to me. • produced a current Florida driver's license as identification. • produced as identification. (SEAL) _______________________________ STATE OF FLORIDA COUNTY OF ________________ The foregoing instrument was acknowledged before me this ________ day of ________________, 2013, by MAJES HSU, who: (notary must check applicable box) • is personally known to me. • produced a current Florida driver's license as identification. • produced as identification. (SEAL) _______________________________ 7 Packet Pg. 476  9.7.b.b Packet Pg. 477 Attachment: Hsu (1320 : Remediation Settlement Agreement Approval)  9.8.a BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 22, 2013 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Transit Quarterly Update DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: The Department of Growth Management is providing an update on the WAVE Public Transportation service in Okaloosa County. BACKGROUND: The BCC is the Community Transportation Coordinator for Okaloosa County and is the recipient of all state and federal funds used to operate public transit. Okaloosa County Transit (OCT), a non profit agency, operates the service under contract with the County. To strategically plan for the improvement and/or expansion of the transit system, it is important to understand the environment within which the system operates. During the FY13 BCC Budget process, it was requested by the Board to provide quarterly updates. This update includes ridership data collected during the first quarter of FY13 and upcoming outreach activities. OPTIONS: No action is requested. RECOMMENDATIONS: The Department of Growth Management requests the Board to review the included documentation provided for the public transportation update. No action is requested. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 478  2012 RIDERSHIP COMPARISON 9.8.a.a Packet Pg. 479 Attachment: OCT Transit Presentation (1305 : Public Transit Quarterly Update)  9.8.a.a Packet Pg. 480 Attachment: OCT Transit Presentation (1305 : Public Transit Quarterly Update)  9.8.a.a Attachment: OCT Transit Presentation (1305 : Public Transit Quarterly Update) RIDERSHIP OVERVIEW In 2012, the only decrease in ridership was in the Shuttle Routes. Increasing Ridership in 2013: • Proactive marketing plan for 2013 • Funded by the Okaloosa-Walton TPO Packet Pg. 481  9.8.a.a INCREASING RIDERSHIP Attachment: OCT Transit Presentation (1305 : Public Transit Quarterly Update) IN 2013 Community & E-Marketing Business Outreach Public Relations Advertising Packet Pg. 482  9.8.a.a Attachment: OCT Transit Presentation (1305 : Public Transit Quarterly Update) TARGETED MARKETING • Current & potential riders • Local businesses & organizations • Local residents • News media Packet Pg. 483  9.8.a.a Attachment: OCT Transit Presentation (1305 : Public Transit Quarterly Update) INCREASING RIDERSHIP Community Outreach: • Business toolkits & partnerships Ongoing distribution to: – Businesses – Schools – Apartments & Senior Living Complexes – Military – Tourists – Traditionally Underserved Packet Pg. 484  9.8.a.a Attachment: OCT Transit Presentation (1305 : Public Transit Quarterly Update) INCREASING RIDERSHIP Public Relations – Press releases, PSAs, public education E-marketing – Design & distribute information via email Advertising – Local publications & targeted mailings Packet Pg. 485  9.8.b BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 22, 2013 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Resolution and FY13 Section 5311 Application DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: The Department of Growth Management requests that the Board authorize the Chairman to sign all grant documents required for the submission of the FY13 Section 5311 Application to the Florida Department of Transportation (FDOT) by the attached Resolution and to sign the subsequent Task Order for contract transportation services with Okaloosa County Transit (C03-0927-GM). BACKGROUND: This application is a request for up to $325,208 to supplement transportation operating costs in rural areas of the county. Funds will be used to purchase paratransit trips and to operate the WAVE in northern areas of the County. The grant requires a 50 percent local match. Paratransit trip costs will be matched with funds from the Transportation Disadvantaged Trust Fund and sponsoring agencies. WAVE operating costs will be matched with local funds, if available. If local funds are available, 5311 funds can not be used for WAVE. FDOT will generate a Notification of Funding grant award, at which time OCT will be issued a Task Order for the grant amount to provide public transportation services. OPTIONS: Approve or Reject RECOMMENDATIONS: The Department of Growth Management requests that the Board approve the submission of the FY13 Section 5311 Application to FDOT, authorize the Chairman to execute all future grant documents by the attached Resolution and for signature of the subsequent Task Order. RECOMMENDED BY: Packet Pg. 486  9.8.b APPROVED BY: James D. Curry, County Administrator Packet Pg. 487  9.8.b.a 2013 U.S.C. Section 5311 FORMULA GRANTS FOR RURAL AREAS Attachment: 5311 Op App FY13 (1299 : Resolution and FY13 Section 5311 Application) 20.509 OPERATING, CAPITAL, JOB ACCESS, AND REVERSE COMMUTE ASSISTANCE APPLICATION MANUAL FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSIT OFFICE Packet Pg. 488  9.8.b.a APPLIES TO APPLICANTS FOR OPERATING ASSISTANCE (ONLY) CHECKLIST FOR APPLICATION COMPLETENESS Name of Applicant: OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS Check One: New Applicant ________________ Recurring Applicant _____X___________ Attachment: 5311 Op App FY13 (1299 : Resolution and FY13