Okaloosa County BOCC — December 31, 2012

Agenda Okaloosa County Board of Commissioners Tuesday, December 4, 2012– 8:30 AM Crestview Courthouse I. Employee Awards & H.E.R.O. Awards 1. H.E.R.O. Award II. Public Information Update III. County Administrator's Update IV. Commissioner's Minute V. Consent Agenda 1. Request approval of a Resolution submitted by Surety Land Title of Florida, LLC for Okaloosa Island Leasehold Conversion. 2. Request Approval of final payment in the amount of $37,795.94 (grant funding) to Meridian Community Services pursuant to Contract C11-1864-GM. 3. Request approval of final payment in the amount of $8,328.75 to Neel-Shaffer, Inc for Design & CEI Services on the Sylvania Heights Resurfacing CDBG Project. 4. Request approval of final payment in the amount of $28,774.22 to APAC Mid-South, Inc for the Sylvania Heights resurfacing CDBG project. 5. Request approval of the extension of contract C11-1860-GM with Matrix Design Group until December 31, 2012 for completion of the Eglin JLUS Small Area Study. 6. Request consideration of approval for Okaloosa Island Leasehold Conversion Corrective Deeds submitted by Surety Land Title, LLC for the purpose of correcting scriveners errors in two Quit Claim Deeds previously submitted. 7. Request approval of re-appointment of Jerry Paul Cadenhead to Plumbing Competency Board. Revised: 11/29/2012 3:49 PM Page 1 of 4 Regular Meeting (North) Agenda December 4, 2012 8. Request approval of re-appointment of Saverio Cerra to Mechanical Competency Board. 9. Request approval of a Public Event Permit for the Bayou, Bay & Back Run/Walk Marathon, to be held January 26, 2013, sponsored by the Destin Chamber of Commerce. 10. Request approval of and authorize the Chairman to execute a Letter of No Objection to the City of Niceville regarding proposed rezoning near Niceville High School. 11. Budget Resolutions and Transfers amending the Fiscal Year 2013 budget. 12. Request approval of removal of certain items from the County Fixed Asset Ledger. 13. Request consideration and approval to provide Northgate Estates Garden Club six cubic yards of sand for their Christmas sub-division activities. 14. Request approval of the extension of Irrevocable Standby Letter of Credit No. 226 as requested by the developer of Mossy Oaks Plantation Phase 1 Subdivision. VI. Department/Agency Business 1. Elliot Kampert/Growth Management a. Request approval of Final Plat for Crossings at Kelly Plantation, a proposed 15 lot single family home subdivision as submitted by Gustin, Cothern & Tucker on behalf of DKLM Investments. District: 5. 2. Daniel O'Byrne/Tourist Development a. Request approval of and authorize the Chairman to execute an Agreement with Peter A. Mayer Advertising, Inc. For marketing, advertising, public relations, website management, research, social media and social networking. District: All. 3. Donald Turner/Facility Maintenance a. Request approval of Capital Projects funding in the amount of $44,000 to complete the remodeling of the former Garniers Wastewater Treatment Plant controls building into an EMS station. District: All. Facility Maintenance Okaloosa County Board of Commissioners Page 2 Printed 11/29/2012 Regular Meeting (North) Agenda December 4, 2012 4. Richard Brannon/Purchasing a. Request approval to award the bid for school storm shutters to Devaux Construction Inc, they being the lowest bidder meeting specifications. Bid Amount - $122,500.00. District: 1&3. 5. John Hofstad/Public Works a. Request approval of various park improvements for the unoccupied portion of Veteran's Park (approximately 17 acres) and a dedicated funding source utilizing annual lease fees from the Gulf Coast Marine Life Center and Wild Willy's Adventure Island. District: 2. 6. Major J.D. Peacock/Sheriff's Office 1. Request approval of disbursements in the amount of $16,862.30 from the Law Enforcement Trust Fund to Baker Band Boosters, Choctaw Basketball, Alaqua Animal Refuge, Mental Health Association, Trauma Intervention Program of Northwest Florida, S4P Synergy Inc, Dr. Martin Luther King Jr. Celebration Committee and Task Force Member Disbursement. 7. Greg Donovan/Airports a. Request approval of and authorize the Chairman to execute Supplemental Joint Participation Agreement with the Department of Transportation for the Destin Tower Environmental Assessment, and execute the related signature resolution. District: All. b. Request approval of and authorize the Chairman to execute a Joint Participation Agreement with the Florida Department of Transportation for acceptance of a Grant for construction of an Air Traffic Control Tower for Destin Airport, and execution of the related signature resolution. District: All. c. Request approval of and authorize the Chairman to execute a contract with Romjue Advertising for media buying and advertising services for the Airports Department, per the RFQ Evaluation Committee's recommendation. District: All. d. Request consideration of approval of admission of the airport police division into the state accreditation program, and authorization to start a reserve officer program. District: All. Okaloosa County Board of Commissioners Page 3 Printed 11/29/2012 Regular Meeting (North) Agenda December 4, 2012 e. Information Only - Destin Airport (DTS) Runway Construction Schedule. District: All. VII. New Business 1. Jim Curry's briefing to the board concerning his plan for retirement in 2013 as County Administrator. District: All. 2. Commissioner Windes requests discussion with the Board concerning consideration of a potential Internal Auditor Position. District: All. 3. Selection of Board Chairman and Vice Chairman for 2013. District: All. 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 11/29/2012  1.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: James D. Curry SUBJECT: H.E.R.O. Award DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Information and recognition concerning a H.E.R.O. Award for County Employees Floyd Spence and Randy Broxson. BACKGROUND: The County has established an award titled H.E.R.O. (Humanitarian Efforts Recognized by Okaloosa County). Floyd Spence and Randy Broxson have been nominated and approved for this award for their efforts to assist in a vehicular accident with injuries that they came upon soon after it occurred. They provided basic first aid and directed traffic around the accident until the authorities and medical personnel arrived on the scene. OPTIONS: Information Only. RECOMMENDATION: None, information/recognition only. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 5  1.1.a Packet Pg. 6 Attachment: HERO Award 12-4 (1003 : H.E.R.O. Award)  1.1.a Packet Pg. 7 Attachment: HERO Award 12-4 (1003 : H.E.R.O. Award)  1.1.a Packet Pg. 8 Attachment: HERO Award 12-4 (1003 : H.E.R.O. Award)  1.1.a Packet Pg. 9 Attachment: HERO Award 12-4 (1003 : H.E.R.O. Award)  1.1.a Packet Pg. 10 Attachment: HERO Award 12-4 (1003 : H.E.R.O. Award)  1.1.a Packet Pg. 11 Attachment: HERO Award 12-4 (1003 : H.E.R.O. Award)  5.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Surety Land Title, LLC SUBJECT: Okaloosa Island Leasehold Conversion Request Request approval of a Resolution submitted by Surety Land Title of Florida, LLC for Okaloosa Island Leasehold Conversions to prepare Quitclaim Deeds for the following: John K. Patterson, Successor trustee of the Patterson Trust dated December 21, 1988 - El Matador Condominium Unit 337. Packet Pg. 12  5.1.a Surety Land Title of Florida, LLC 4100 S Ferdon Blvd, B3 Crestview, FL 32536 850-423-4613 office 850-423-0542 fax Attachment: Request & Resolution December 2012 (1169 : Okaloosa Island Leasehold Conversion Request) November 28, 2012 James D. Curry County Administrator Okaloosa County, Florida Re: Leasehold/Fee Simple Conversion On behalf of Surety Land Title of Florida, LLC we would like to request time on the agenda of the December 4, 2012 meeting of the Board of County Commissioners, for the Board’s approval of a Resolution directing Surety Land Title of Florida to prepare a Quitclaim Deed for the accepted bidders of particular properties referenced therein. Once approved, a Quitclaim Deed for the accepted bidders for the particular property will be sent to the Board Chairman’s office for his signature. If you have any questions, or if we may be of further assistance in this or any other real estate matter, please do not hesitate to contact us. Sincerely, Surety Land Title of Florida, LLC Packet Pg. 13  5.1.a OKALOOSA ISLAND LEASEHOLD CONVERSION RESOLUTION No___________________ Attachment: Request & Resolution December 2012 (1169 : Okaloosa Island Leasehold Conversion Request) WHEREAS, THE PERSON(S) NAMED IN SCHEDULE “A” IS/ARE THE LEASEHOLDER(S) OF RECORD WHO HAS/HAVE SUBMITTED THE SUCCESSFUL HIGHEST BID FOR THE COUNTY’S RESOLUTION REVERSIONARY INTEREST IN THE PARCEL(S) DESCRIBED THEREIN SET IMMEDIATELY BELOW SUCH BIDDER’S NAME(S); NOW THEREFORE, THE COUNTY’S CONTRACTOR, SURETY LAND TITLE OF FLORIDA, LLC IS DIRECTED TO PREPARE A QUITCLAIM DEED, IN PREVIOUSLY AUTHORIZED FORMAT, CONVEYING THE COUNTY’S REVERSIONARY INTEREST TO THE SUCCESSFUL BIDDER(S) FOR THE SIGNATURE OF THE CHAIRMAN OF THE OKALOOSA COUNTY BOARD OF COUNTY COMMISISONERS, AND; SURETY LAND TITLE OF FLORIDA, LLC IS FURTHER DIRECTED TO COMPLETE THE CLOSING OF THE CONVEYANCE TRANSACTION BY QUITCLAIM DEED TO THE SUCCESSFUL BIDDER(S). THIS RESOLUTION WAS UNANIMOUSLY APPROVED BY THE OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS ON December 4, 2012. (OFFICIAL SEAL) OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST:______________________ by__________________________________ CLERK OR DEPUTY CLERK OF CIRCUIT COURT Don R. Amunds, CHAIRMAN Packet Pg. 14  5.1.a EXHIBIT ‘A’ John K. Patterson, Successor trustee of the Patterson Trust dated December 21, 1988 Attachment: Request & Resolution December 2012 (1169 : Okaloosa Island Leasehold Conversion Request) Condominium Unit 337, EL MATADOR, according to the Declaration of Condominium thereof recorded in OR Book 616 page 245, and amended by document recorded in OR Book 723 Page 649, OR Book 726 Page 792, OR Book 996 Page 16, OR Book 1058 Page 746, OR Book 1066 Page 565, OR Book 1127 Page 700, OR Book 1130 page 677, OR Book 1148 Page 395, OR Book 1172 Page 1993, OR Book 1251 Page 201, OR Book 1297 Page 1787, OR Book 1639 Page 1733, and amended in OR Book 2184 Page 1396 and amendments to Articles of Incorporation as recorded in OR Book 1124 page 1, OR Book 1298 Page 480 amended in OR Book 2184 Page 1410, OR Book 2027 Page 2475, of the Public Records of Okaloosa County, Florida Tax ID No 00-2S-24-0800-0337-0000 Packet Pg. 15  5.2 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Final Payment Contract C11-1864-GM DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: The Growth Management Department requests that the Board approve final payment in the amount of $37,795.94 to Meridian Community Services in fulfillment of Contract C11- 1864-GM using Community Development Block Grant (CDBG) funds. BACKGROUND: On April 19, 2011, Okaloosa County entered into Contract C11-1864-GM with Meridian Community Services to provide administrative services for a Community Development Block Grant which has been used to repave certain roads in Sylvania Heights following a water line upgrade (for which separate CDBG funds were used). The contract has a not to exceed amount of $52,500. All repaving work has been completed and Meridian is in the process of closing out the grant. One of the steps necessary to close out the grant is the release of the final payment. No County funds were used in this project or are required for close out. RECOMMENDATION: The Growth Management Department requests that the Board approve final payment to Meridian in the amount of $37,795.94. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 16  5.2.a Packet Pg. 17 Attachment: Meridian Contract Close out form (1204 : Final Payment Contract C11-1864-GM)  5.2.b Packet Pg. 18 Attachment: Meridian Final Invoice and Contract Payment Approval (1204 : Final Payment Contract C11-1864-GM)  5.2.b Packet Pg. 19 Attachment: Meridian Final Invoice and Contract Payment Approval (1204 : Final Payment Contract C11-1864-GM)  5.2.b Packet Pg. 20 Attachment: Meridian Final Invoice and Contract Payment Approval (1204 : Final Payment Contract C11-1864-GM)  5.3 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Sylvania Hts CEI Final Payment DEPARTMENT: Public Works BCC DISTRICT: Four STATEMENT OF ISSUE: On August 29, 2011 Okaloosa County entered into a contract with Neel-Schaffer, Inc. to perform the Design & CEI work associated with the Sylvania Hts. CDBG Project. The negotiated contract was a Not-To-Exceed amount of $73,000.00. The project was completed on October 9, 2012 and Neel-Schaffer, Inc. has submitted a final invoice to close out the contract. BACKGROUND: Neel-Schaffer, Inc. and subconsultant HDR CCC has verified that all work is complete and in conformance with the approved plans and specifications and has requested final payment be made for services performed. The final invoice amount is $8,328.75 and a complete summary of all costs can be found in the table below. Sylvania Hts. Resurfacing Invoicing Summary Date Invoice # Invoice Period Amount of Total Invoice to Invoice Date From To 2/9/2012 1000004 12/1/2011 12/31/2011 $23,855.95 $23,855.95 2/27/2012 1000587 1/1/2012 1/31/2012 $5,070.34 $28,926.29 4/2/2012 1001109 2/1/2012 2/29/2012 $5,910.93 $34,837.22 4/27/2012 1001687 3/1/2012 3/31/2012 $8,945.60 $43,782.82 7/17/2012 1002344 4/1/2012 6/30/2012 $2,191.26 $45,974.08 8/17/2012 1004704 7/1/2012 7/31/2012 $2,199.79 $48,173.87 10/5/2012 1234567 9/1/2012 9/30/2012 $12,482.61 $60,656.48 11/15/2012 8 - Final 10/1/2012 10/31/2012 $8,328.75 $68,985.23 OPTIONS: Approve/Disapprove the request for final payment to Neel-Schaffer, Inc. in the amount of $8,328.75 for Design & CEI services on the Sylvania Hts. Resurfacing CDBG Project. RECOMMENDATION: Approve the request for final payment to Neel-Schaffer, Inc. in the amount of $8,328.75 for Design & CEI services on the Sylvania Hts. Resurfacing CDBG Project. Packet Pg. 21  5.3 RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 22  5.3.a Packet Pg. 23 Attachment: NSI Final Payment (1208 : Sylvania Hts CEI Final Payment)  5.3.a Packet Pg. 24 Attachment: NSI Final Payment (1208 : Sylvania Hts CEI Final Payment)  5.3.a Packet Pg. 25 Attachment: NSI Final Payment (1208 : Sylvania Hts CEI Final Payment)  5.3.a Packet Pg. 26 Attachment: NSI Final Payment (1208 : Sylvania Hts CEI Final Payment)  5.3.a Packet Pg. 27 Attachment: NSI Final Payment (1208 : Sylvania Hts CEI Final Payment)  5.3.a Packet Pg. 28 Attachment: NSI Final Payment (1208 : Sylvania Hts CEI Final Payment)  5.3.a Packet Pg. 29 Attachment: NSI Final Payment (1208 : Sylvania Hts CEI Final Payment)  5.4 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Sylvania Heights APAC Final Payment DEPARTMENT: Public Works BCC DISTRICT: Four STATEMENT OF ISSUE: On July 26, 2012, APAC Mid-South, Inc. contracted with Okaloosa County to perform the work associated with the Sylvania Heights Resurfacing CDBG Project. All work has been completed and found to be in compliance with the approved plans and specifications. Final acceptance of the project was given on October 9, 2012 after a final inspection was conducted by CEI & County representatives. BACKGROUND AND ANALYSIS: Through project completion, there was only one change order processed to balance estimated plan quantities with final, installed quantities used to complete the project which resulted in a $74,081.90 credit to the County. Five weather days were also added to the contract time. APAC Mid-South, Inc. has requested that final payment be made for all work performed. A final pay application for the contract balance of $28,774.22 is attached. This final pay request will release all retainage to APAC Mid-South, Inc. and cause the work to enter the one year performance warranty period. OPTIONS: Approve/Disapprove final payment to APAC Mid-South, Inc. in the amount of $28,774.22 for work associated with the Sylvania Heights Resurfacing CDBG Project. RECOMMENDATION: Approve final payment to APAC Mid-South, Inc. in the amount of $28,774.22 for work associated with the Sylvania Heights Resurfacing CDBG Project. RECOMMENDED BY: APPROVED BY: Packet Pg. 30  5.4 James D. Curry, County Administrator Packet Pg. 31  5.4.a Packet Pg. 32 Attachment: APAC Final Payment (1209 : Sylvania Heights APAC Final Payment)  5.4.a Packet Pg. 33 Attachment: APAC Final Payment (1209 : Sylvania Heights APAC Final Payment)  5.4.a Packet Pg. 34 Attachment: APAC Final Payment (1209 : Sylvania Heights APAC Final Payment)  5.4.a Packet Pg. 35 Attachment: APAC Final Payment (1209 : Sylvania Heights APAC Final Payment)  5.4.a Packet Pg. 36 Attachment: APAC Final Payment (1209 : Sylvania Heights APAC Final Payment)  5.4.a Packet Pg. 37 Attachment: APAC Final Payment (1209 : Sylvania Heights APAC Final Payment)  5.4.a Packet Pg. 38 Attachment: APAC Final Payment (1209 : Sylvania Heights APAC Final Payment)  5.4.a Packet Pg. 39 Attachment: APAC Final Payment (1209 : Sylvania Heights APAC Final Payment)  5.4.a Packet Pg. 40 Attachment: APAC Final Payment (1209 : Sylvania Heights APAC Final Payment)  5.4.a Packet Pg. 41 Attachment: APAC Final Payment (1209 : Sylvania Heights APAC Final Payment)  5.4.a Packet Pg. 42 Attachment: APAC Final Payment (1209 : Sylvania Heights APAC Final Payment)  5.4.a Packet Pg. 43 Attachment: APAC Final Payment (1209 : Sylvania Heights APAC Final Payment)  5.4.a Packet Pg. 44 Attachment: APAC Final Payment (1209 : Sylvania Heights APAC Final Payment)  5.4.a Packet Pg. 45 Attachment: APAC Final Payment (1209 : Sylvania Heights APAC Final Payment)  5.5 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Extension of Contract C11-1860-GM DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Matrix Design Group has completed work on the Eglin JLUS Small Area Study, but has not yet delivered the final hard copies. Their contract expired on October 31, necessitating the extension. The County will not authorize final payment until this deliverable is received. RECOMMENDATIONS: Staff recommends that Contract C11-1860-GM be extended until December 31, 2012. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 46  5.5.a Packet Pg. 47 Attachment: Matrix Contract Extension (1212 : Extension of Contract C11-1860-GM)  5.6 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Surety Land Title, LLC SUBJECT: Okaloosa Island Leasehold Conversion - Corrective Deeds Request consideration of approval and authorization for the Chairman to execute two Corrective Deeds submitted by Surety Land Title, LLC for the purpose of correcting scrivener’s errors in two Quit Claim Deeds previously submitted for the following leasehold conversions: - Bryan P. Smith and wife, Paula M. Smith, Unit C-3 Clipper Cove Subdivision, submitted for name correction. - Kristine Lynn Isaacson, Lot 417, Block 7, Santa Rosa Island, submitted for correction of legal description. Packet Pg. 48  5.6.a Packet Pg. 49 Attachment: Leasehold Corrective Resolution/Prior Deeds to be Corrected (1213 : Okaloosa Island Leasehold Conversion - Corrective Deeds)  5.6.a Packet Pg. 50 Attachment: Leasehold Corrective Resolution/Prior Deeds to be Corrected (1213 : Okaloosa Island Leasehold Conversion - Corrective Deeds)  5.6.a Packet Pg. 51 Attachment: Leasehold Corrective Resolution/Prior Deeds to be Corrected (1213 : Okaloosa Island Leasehold Conversion - Corrective Deeds)  5.6.a Packet Pg. 52 Attachment: Leasehold Corrective Resolution/Prior Deeds to be Corrected (1213 : Okaloosa Island Leasehold Conversion - Corrective Deeds)  5.7 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Re-Appointment of Jerry Paul Cadenhead to Plumbing Competency Board DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Re-appointment of Member of Plumbing Competency Board BACKGROUND: Section 6-291 of the Code of Ordinances (excerpted below) provides for the appointment of representatives to construction, plumbing, and mechanical competency boards which assist the County with implementing the provisions of the Florida Building Code and other related regulations, as well as consider applications for trade licenses and possible disciplinary actions. Mr. Jerry Paul Cadenhead, State Certified Master Plumbing Contractor has agreed to serve another three (3) year term on the Plumbing Competency Board. DIVISION 2. COMPETENCY BOARDS Sec. 6-291. Composition; appointment of members. The board of county commissioners shall appoint members to the three boards addressed in this ordinance division, namely, the construction competency board, the plumbing competency board and the mechanical competency board. The membership shall be as follows: (a) The construction competency board shall consist of 12 members, with nine who are engaged in business as marine, general, residential, or building contractors, specialty contractors such as specialty structures, exterior applications, landscape, demolition, site removal and house moving, and three who are consumer representatives. (b) The plumbing competency board shall consist of eight members, with five who are engaged in the business either as a plumbing contractor, a pool contractor, irrigation contractor, or a master gas contractor, and three who are consumer representatives. (c) The mechanical competency board shall consist of eight members, with five who are engaged in business either as a mechanical contractor, an air conditioning contractor, a sheet metal contractor, or a master gas fitter, and three who are consumer representatives. The county building official shall be an ex officio member of each of these boards, but he or she shall have no vote. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the re-appointment of Jerry Paul Cadenhead to the Plumbing Competency Board. Packet Pg. 53  5.7 RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 54  5.8 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Re-appointment of Saverio Cerra to Mechanical Competency Board DEPARTMENT: Growth Management BCC DISTRICT: STATEMENT OF ISSUE: Re-appointment of Member of Mechanical Competency Board BACKGROUND: ISSUE: Section 6-291 of the Code of Ordinances (excerpted below) provides for the appointment of representatives to construction, plumbing, and mechanical competency boards which assist the County with implementing the provisions of the Florida Building Code and other related regulations, as well as consider applications for trade licenses and possible disciplinary actions. Mr. Saverio Cerra, State Certified Mechanical Contractor has agreed to serve another three (3) year term on the Mechanical Competency Board. DIVISION 2. COMPETENCY BOARDS Sec. 6-291. Composition; appointment of members. The board of county commissioners shall appoint members to the three boards addressed in this ordinance division, namely, the construction competency board, the plumbing competency board and the mechanical competency board. The membership shall be as follows: (a) The construction competency board shall consist of 12 members, with nine who are engaged in business as marine, general, residential, or building contractors, specialty contractors such as specialty structures, exterior applications, landscape, demolition, site removal and house moving, and three who are consumer representatives. (b) The plumbing competency board shall consist of eight members, with five who are engaged in the business either as a plumbing contractor, a pool contractor, irrigation contractor, or a master gas contractor, and three who are consumer representatives. (c) The mechanical competency board shall consist of eight members, with five who are engaged in business either as a mechanical contractor, an air conditioning contractor, a sheet metal contractor, or a master gas fitter, and three who are consumer representatives. The county building official shall be an ex officio member of each of these boards, but he or she shall have no vote. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the re-appointment of Saverio Cerra to the Mechanical Competency Board for another three year term. Packet Pg. 55  5.8 RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 56  5.9 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Destin Chamber of Commerce SUBJECT: Public Event Permit - Bayou, Bay & Back Run/Walk Marathon Request consideration and approval of a Public Event Permit for the Bayou, Bay & Back Run/Walk Marathon, to be held on January 26, 2013, from approximately 6:00 a.m. - 10:00 a.m. along parts of Highway 98 in Destin and Okaloosa Island, sponsored by the Destin Chamber of Commerce. Packet Pg. 57  5.9.a Packet Pg. 58 Attachment: Public Event Permit Documents (1216 : Public Event Permit - Bayou, Bay & Back Run/Walk Marathon)  5.9.a Packet Pg. 59 Attachment: Public Event Permit Documents (1216 : Public Event Permit - Bayou, Bay & Back Run/Walk Marathon)  5.9.a Packet Pg. 60 Attachment: Public Event Permit Documents (1216 : Public Event Permit - Bayou, Bay & Back Run/Walk Marathon)  5.9.a Packet Pg. 61 Attachment: Public Event Permit Documents (1216 : Public Event Permit - Bayou, Bay & Back Run/Walk Marathon)  5.9.a Packet Pg. 62 Attachment: Public Event Permit Documents (1216 : Public Event Permit - Bayou, Bay & Back Run/Walk Marathon)  5.9.a Packet Pg. 63 Attachment: Public Event Permit Documents (1216 : Public Event Permit - Bayou, Bay & Back Run/Walk Marathon)  5.10 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Letter of No Objection for School District Niceville Property Rezoning DEPARTMENT: Growth Management BCC DISTRICT: 5 STATEMENT OF ISSUE: Approval of Letter of No Objection to the City of Niceville Regarding Proposed School District Rezoning Application BACKGROUND: The City of Niceville has received an application from the Okaloosa County Public School District to rezone a small portion of School District property located at 800 John Sims Parkway East (site of Niceville High School) from R-1A (Residential Single Family) to R- NC (Residential/Neighborhood Commercial). The portion of the subject parcel for which the rezoning has been requested is the ground underneath the large sign at the end of the football field nearest SR 20. The area to be rezoned is approximately half an acre. The School District has requested this rezoning in response to FDOT's determination that it could not issue a billboard permit for the existing sign if the underlying property retains its residential classification. Okaloosa County received notification of the proposed rezoning due to the Board of County Commissioners' ownership of a small (less than 10,000 square foot) parcel (07-1S-22-1130- 0008-0010) located on Cedar Avenue South that is within the limits of the City's notification requirements. Staff has reviewed the proposed rezoning and has determined its approval will have no negative impacts on the BCC's property or interests. In response to the notification, staff has developed the attached letter to the City Clerk advising the City that the County has no objections to the proposed rezoning. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners authorize the Chairman to execute the attached letter and send it to the City of Niceville. A copy of the letter on Board of County Commissioners letterhead will be available at the Board meeting. RECOMMENDED BY: Packet Pg. 64  5.10 APPROVED BY: James D. Curry, County Administrator Packet Pg. 65  5.10.a Attachment: Letter to Niceville - School District Sign Rezoning Chairman's Signature (1219 : Letter of No Objection for School District Niceville Ms. Frankie Revell, Recording Secretary November 28, 2012 City of Niceville 212 North Partin Drive Niceville, FL 32578 Re: Proposed School District Rezoning (R-1A to R-NC) Dear Ms. Revell: Thank you for bringing to our attention the above-referenced rezoning application. Please be advised that the County has no objection to the proposed rezoning of the area beneath the existing sign from R-1A to R-NC. We appreciate the opportunity to review this proposed rezoning and provide comments. Please do not hesitate to contact our Growth Management Director, Elliot Kampert, at 850-651- 7524 if you have any questions of if we may be of further assistance. Sincerely, Don R. Amunds Chairman Okaloosa County Commission Packet Pg. 66  5.10.b Packet Pg. 67 Attachment: Niceville School District Rezoning Notification Letter (1219 : Letter of No Objection for School District Niceville Property Rezoning)  5.11 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: David Skarzynski, Budget Manager SUBJECT: Budget Resolutions & Transfers Resolution amending the Fiscal Year 2013 General Fund to reflect appropriations from Enterprise Florida carryforward grant in the amount of $65,930. Resolution amending the Fiscal Year 2013 General Fund to reflect appropriations from Florida Coalition Against Domestic Violence for carryforward grant in the amount of $73,168. Resolution amending the Fiscal Year 2013 General Fund to reflect appropriations from Florida Department of Agriculture and Consumer Services for carryforward grants in the amount of $56,582. Resolution amending the Fiscal Year 2013 General Fund to reflect appropriations from Florida Department of Emergency Management for carryforward grants in the amount of $690,480. Resolution amending the Fiscal Year 2013 General Fund to reflect appropriations from Florida Department of Law Enforcement for carryforward grants in the amount of $91,553. Resolution amending the Fiscal Year 2013 General Fund to reflect appropriations from Florida Department of Revenue for carryforward grant in the amount of $15,000. Resolution amending the Fiscal Year 2013 General Fund to reflect appropriations from United States Department of Justice for carryforward grants in the amount of $30,944. Resolution amending the Fiscal Year 2013 General Fund to reflect appropriations from Florida Department of Children and Families for carryforward grant in the amount of $18,600. Resolution amending the Fiscal Year 2013 Supervisor of Elections - General Fund to reflect appropriations from Florida Department of State for carryforward grant in the amount of $5,447. Resolution amending the Fiscal Year 2013 County Transportation Trust Fund to reflect appropriations from Florida Department of Environmental Protection for carryforward grant in the amount of $722,480. Packet Pg. 68  5.11 Resolution amending the Fiscal Year 2013 Water & Sewer Enterprise Fund to reflect appropriations from Enterprise Florida for carryforward grant in the amount of $700,000. Resolution amending the Fiscal Year 2013 Water & Sewer Enterprise Fund to reflect appropriations from United States Army for carryforward grant and cash match in the amount of $387,000. Resolution amending the Fiscal Year 2013 Water & Sewer Enterprise Fund to reflect appropriations from Florida Department of Economic Opportunity for carryforward grant in the amount of $252,923. Resolution amending the Fiscal Year 2013 Airport Enterprise Fund to reflect appropriations from United States Department of Transportation for carryforward grants in the amount of $3,859,182. Resolution amending the Fiscal Year 2013 Emergency Medical Services Enterprise Fund to reflect appropriations from Florida Department of Health for carryforward grant in the amount of $30,977. BT-13-09 in the amount of $13,800 to provide Board approved transfer for completion of remodeling of space at old Fort Walton Beach hospital. BT-13-10 in the amount of $15,000 to provide transfer of funds from previous beach concession account to new Board approved beach concession account. BT-13-11 in the amount of $299,654 to provide local cash match for FDEP Gap Creek Grant. BT-13-12 in the amount of $24,905 to correct funding for court related grant from federal to federal and state. Packet Pg. 69  5.11.a RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2013 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Enterprise Florida (EFI) for carryforward 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 General Fund increased, additional receipts appropriated as follows: Attachment: 13-001-10 (1203 : Budget Resolutions & Transfers) RECEIPTS DEPT-ACCOUNT AMOUNT EFI Technology Park 70890R-334100 $65,930 EXPENDITURES DEPT-ACCOUNT AMOUNT EFI Technology Park 70890-534900 $65,930 Adopted this regular session the 4th day of December 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ DON R. AMUNDS, CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 70  5.11.b RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2013 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Coalition Against Domestic Violence (FCADV) for carryforward 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 General Fund increased, additional receipts Attachment: 13-001-11 (1203 : Budget Resolutions & Transfers) appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT FCADV Sexual Assault 12 701280R-331210 $73,168 EXPENDITURES DEPT-ACCOUNT AMOUNT FCADV Sexual Assault 12 701280-591086 $73,168 Adopted this regular session the 4th day of December 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ DON R. AMUNDS, CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 71  5.11.c RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2013 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Agriculture and Consumer Services (FDACS) for carryforward grants, 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 increased, additional receipts Attachment: 13-001-12 (1203 : Budget Resolutions & Transfers) appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT FDACS School Lunch Program 71106R-331200 $31,000 FDACS Mosquito Control 11 701102R-334610 $7,706 FDACS Mosquito Control 12 701202R-334610 $17,876 EXPENDITURES DEPT-ACCOUNT AMOUNT FDACS School Lunch Program 71106-534203 $14,610 FDACS School Lunch Program 71106-546620 $4,859 FDACS School Lunch Program 71106-546640 $180 FDACS School Lunch Program 71106-552302 $2,990 FDACS School Lunch Program 71106-564202 $8,361 FDACS Mosquito Control 11 701102-552601 $7,706 FDACS Mosquito Control 12 701202-552601 $17,876 Adopted this regular session the 4th day of December 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ DON R. AMUNDS, CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 72  5.11.d RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2013 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Emergency Management (FDEM) for carryforward grants, 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 increased, additional receipts Attachment: 13-001-13 (1203 : Budget Resolutions & Transfers) appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT FDEM Exercise Program 70026R-331200 $42,687 FDEM Shelter Retrofit 701224R-334200 $143,945 FDEM Program Issue 7 701225R-331200 $15,000 FDEM Homeland Security 701282R-331210 $391,371 FDEM Stonegarden 701283R-331210 $97,477 EXPENDITURES DEPT-ACCOUNT AMOUNT FDEM Exercise Program 70026-552990 $9,089 FDEM Exercise Program 70026-564202 $33,598 FDEM Shelter Retrofit 701224-534900 $143,945 FDEM Program Issue 7 701225-534900 $9,000 FDEM Program Issue 7 701225-549650 $1,000 FDEM Program Issue 7 701225-555001 $5,000 FDEM Homeland Security 701282-591086 $391,371 FDEM Stonegarden 701283-591086 $97,477 Adopted this regular session the 4th day of December 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ DON R. AMUNDS, CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 73  5.11.e RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2013 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Law Enforcement (FDLE) for carryforward grants, 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 increased, additional receipts Attachment: 13-001-14 (1203 : Budget Resolutions & Transfers) appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT FDLE Metadata Planner 701285R-331210 $91,553 EXPENDITURES DEPT-ACCOUNT AMOUNT FDLE Metadata Planner 701285-591086 $91,553 Adopted this regular session the 4th day of December 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ DON R. AMUNDS, CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 74  5.11.f RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2013 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Revenue (FDOR) for carryforward 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 General Fund increased, additional receipts Attachment: 13-001-15 (1203 : Budget Resolutions & Transfers) appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT FDOR Process Server 7111050R-331810 $15,000 EXPENDITURES DEPT-ACCOUNT AMOUNT FDOR Process Server 0199-599090 $15,000 Adopted this regular session the 4th day of December 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ DON R. AMUNDS, CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 75  5.11.g RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2013 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from United States Department of Justice (USDOJ) for carryforward grants, 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 increased, additional receipts Attachment: 13-001-16 (1203 : Budget Resolutions & Transfers) appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT USDOJ Bulletproof Vests 701226R-331210 $16 USDOJ Armored Vests 701229R-331210 $3,734 USDOJ JAG Program 12 701296R-331210 $27,194 EXPENDITURES DEPT-ACCOUNT AMOUNT USDOJ Bulletproof Vests 701226-591086 $16 USDOJ Armored Vests 701229-591086 $3,734 USDOJ JAG Program 701296-591086 $27,194 Adopted this regular session the 4th day of December 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ DON R. AMUNDS, CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 76  5.11.h RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2013 BUDGET GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Children and Families (FDCF) for carryforward 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 General Fund increased, additional receipts Attachment: 13-001-17 (1203 : Budget Resolutions & Transfers) appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT FDCF MH & DCCM 701291R-331890 $2,976 FDCF MH & DCCM 701291R-334890 $15,624 EXPENDITURES DEPT-ACCOUNT AMOUNT FDCF MH & DCCM 701291-512010 $18,600 Adopted this regular session the 4th day of December 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ DON R. AMUNDS, CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 77  5.11.i RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2013 BUDGET SUPERVISOR OF ELECTIONS - GENERAL FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of State (FDOS) for carryforward 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 Supervisor of Elections - General Fund increased, additional receipts appropriated as follows: Attachment: 13-011-01 (1203 : Budget Resolutions & Transfers) RECEIPTS DEPT-ACCOUNT AMOUNT FDOS Poll Worker Recruitment & Training 70783R-331100 $4,688 Interest 70783R-361101 $759 EXPENDITURES DEPT-ACCOUNT AMOUNT FDOS Poll Worker Recruitment & Training 70783-513020 $5,447 Adopted this regular session the 4th day of December 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ DON R. AMUNDS, CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 78  5.11.j RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2013 BUDGET COUNTY TRANSPORTATION TRUST FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Environmental Protection (FDEP) for carryforward 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 County Transportation Trust Fund increased, Attachment: 13-101-01 (1203 : Budget Resolutions & Transfers) additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT FDEP Gap Creek 711231R-331390 $722,480 EXPENDITURES DEPT-ACCOUNT AMOUNT FDEP Gap Creek 711231-549650 $346 FDEP Gap Creek 711231-563390 $722,134 Adopted this regular session the 4th day of December 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ DON R. AMUNDS, CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 79  5.11.k RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2013 BUDGET WATER AND SEWER ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Enterprise Florida (EFI) for carryforward 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 Water and Sewer Enterprise Fund be increased, additional receipts appropriated as follows: Attachment: 13-411-01 (1203 : Budget Resolutions & Transfers) RECEIPTS DEPT-ACCOUNT AMOUNT EFI Land Purchase 741101R-334310 $500,000 EFI Shoal River Military Buffering 741201R-334310 $200,000 EXPENDITURES DEPT-ACCOUNT AMOUNT EFI Land Purchase 741101-561300 $500,000 EFI Shoal River Military Buffering 741201-561300 $200,000 Adopted this regular session the 4th day of December 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ DON R. AMUNDS, CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 80  5.11.l RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2013 BUDGET WATER AND SEWER ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from United States Army (USA) for carryforward grant and cash match, 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 Water and Sewer Enterprise Fund be increased, Attachment: 13-411-02 (1203 : Budget Resolutions & Transfers) additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT USA Work Plan II 741109R-331390 $193,500 Cash Match 741109R-389920 $193,500 EXPENDITURES DEPT-ACCOUNT AMOUNT USA Work Plan II 741109-531900 $387,000 Adopted this regular session the 4th day of December 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ DON R. AMUNDS, CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 81  5.11.m RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2013 BUDGET WATER AND SEWER ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Economic Opportunity (FDEO) for carryforward 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 Water and Sewer Enterprise Fund be increased, Attachment: 13-411-03 (1203 : Budget Resolutions & Transfers) additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT FDEO D.R.E.F. Program 741202R-331310 $252,923 EXPENDITURES DEPT-ACCOUNT AMOUNT FDEO D.R.E.F. Program 741202-563301 $252,923 Adopted this regular session the 4th day of December 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ DON R. AMUNDS, CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 82  5.11.n RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2013 BUDGET AIRPORT ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from United States Department of Transportation (USDOT) for carryforward grants, and WHEREAS, said additional revenue is evident, and WHEREAS, Section 129.06(2)(d), Florida Statutes provides that a County may, by resolution of the Board of County Commissioners at any time during the fiscal year, appropriate and expend funds received for a particular purpose from a source not anticipated in the original budget, and NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Okaloosa County, Florida that the budget for the Airport Enterprise Fund be increased, Attachment: 13-421-01 (1203 : Budget Resolutions & Transfers) additional receipts appropriated as follows: RECEIPTS DEPT-ACCOUNT AMOUNT FAA Taxiway "A" 74017R-331410 $236,698 FAA A.I.P. FY11 N.W.F.R.A. 741110R-331410 $1,030,796 FAA Runway Rehabilitation – Destin 741211R-331410 $2,591,688 EXPENDITURES DEPT-ACCOUNT AMOUNT FAA Taxiway "A" 74017-563490 $236,698 FAA A.I.P. FY11 N.W.F.R.A. 741110-563485 $1,030,796 FAA Runway Rehabilitation – Destin 741211-563490 $2,591,688 Adopted this regular session the 4th day of December 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ DON R. AMUNDS, CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __________ Packet Pg. 83  5.11.o RESOLUTION NO. A RESOLUTION AMENDING THE FISCAL YEAR 2013 BUDGET EMERGENCY MEDICAL SERVICES ENTERPRISE FUND WHEREAS, the Board of County Commissioners in the original budget did not reflect adequate appropriations from Florida Department of Health for carryforward 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 Emergency Medical Services Enterprise Fund be increased, additional receipts appropriated as follows: Attachment: 13-450-01 (1203 : Budget Resolutions & Transfers) RECEIPTS DEPT-ACCOUNT AMOUNT FDOH E.M.S. County Award 741251R-334200 $30,940 Interest 741251R-361101 $37 EXPENDITURES DEPT-ACCOUNT AMOUNT Medical Supplies 741251-552600 $1,452 Other Supplies 741251-552990 $1,721 Equipment 741251-564202 $27,804 Adopted this regular session the 4th day of December 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA ____________________________________ DON R. AMUNDS, CHAIRMAN ATTEST: DON W. HOWARD CLERK OF CIRCUIT COURT BY: ____________________________ Deputy Clerk Budget Amendment No. __ __ Packet Pg. 84  5.11.p Packet Pg. 85 Attachment: BT-13-09 (1203 : Budget Resolutions & Transfers)  5.11.q Packet Pg. 86 Attachment: BT-13-10 (1203 : Budget Resolutions & Transfers)  5.11.r Packet Pg. 87 Attachment: BT-13-11 (1203 : Budget Resolutions & Transfers)  5.11.s Packet Pg. 88 Attachment: BT-13-12 (1203 : Budget Resolutions & Transfers)  5.12 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Richard Brannon SUBJECT: County Fixed Asset Ledger DEPARTMENT: Purchasing BCC DISTRICT: STATEMENT OF ISSUE: County Policy (see attached) requires that items of property valued at over $1,000 found missing or sold be removed from the County Fixed Asset Ledger after Board approval. Attached is a listing of items requiring approval & justification for same. The stretchers from Public Safety were sold. BACKGROUND: N/A OPTIONS: Approve or Reject. RECOMMENDATIONS: Staff recommends approval to remove from the County Fixed Asset Ledger. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 89  5.12.a Packet Pg. 90 Attachment: Property To be Removed from Asset Ledger (1190 : County Fixed Asset Ledger)  5.12.a Packet Pg. 91 Attachment: Property To be Removed from Asset Ledger (1190 : County Fixed Asset Ledger)  5.12.a Packet Pg. 92 Attachment: Property To be Removed from Asset Ledger (1190 : County Fixed Asset Ledger)  5.12.a Packet Pg. 93 Attachment: Property To be Removed from Asset Ledger (1190 : County Fixed Asset Ledger)  5.12.a Packet Pg. 94 Attachment: Property To be Removed from Asset Ledger (1190 : County Fixed Asset Ledger)  5.12.a Packet Pg. 95 Attachment: Property To be Removed from Asset Ledger (1190 : County Fixed Asset Ledger)  5.12.a Packet Pg. 96 Attachment: Property To be Removed from Asset Ledger (1190 : County Fixed Asset Ledger)  5.12.a Packet Pg. 97 Attachment: Property To be Removed from Asset Ledger (1190 : County Fixed Asset Ledger)  5.12.a Packet Pg. 98 Attachment: Property To be Removed from Asset Ledger (1190 : County Fixed Asset Ledger)  5.13 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Northgate Estates Garden Club Request for Assistance DEPARTMENT: Public Works BCC DISTRICT: Four STATEMENT OF ISSUE: The Northgate Estates Garden Club has requested that Okaloosa County assist them by providing six (6) cubic yards of sand for their Christmas sub-division activities. BACKGROUND: Every year the Northgate Estates Garden Club conducts activities in their sub-division involving luminaries. This requires sand and every year the club requests assistance from Public Works. They have requested that the county provide and deliver 6 cubic yards of clean sand. Total estimated cost for this task will be less than $75.00. Public Works can accommodate this request. OPTIONS: Approve/Disapprove. RECOMMENDATION: Recommend approval of the Public Works support request from the Northgate Estates Garden Club. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 99  5.14 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Mossy Oaks Plantation Phase I Subdivision Bond Extension DEPARTMENT: Public Works BCC DISTRICT: Three STATEMENT OF ISSUE: The developer is requesting an extension of the maintenance bond (Irrevocable Standby Letter of Credit No. 226) for Mossy Oaks Plantation Phase I subdivision. BACKGROUND: Mossy Oaks Plantation Phase I subdivision was accepted by the Board to enter into the 18-month warranty period on January 11, 2011. The Irrevocable Standby Letter of Credit No. 226 in the amount of One Hundred Twenty Seven Thousand Dollars ($127.000.00) was provided by the developer to serve as maintenance bond. The old letter of credit will expire on December 14, 2012 and numerous project deficiencies have not been rectified by the developer. The extension of the bond will give the developer additional time to correct the project deficiencies. As requested on November 6, 2012, the developer has extended the Irrevocable Standby Letter of Credit No. 226. The new letter of credit expiration date is December 14, 2013. OPTIONS: Approve/Disapprove the extension of the bond. RECOMMENDATIONS: Approve the one year extension of Irrevocable Standby Letter of Credit No.226. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 100  Project Site Aerial/Location Map Mossy Oaks Plantation Phase 1 5.14.a Packet Pg. 101 Attachment: Mossy Oaks Plantation Phase 1 Aerial Map (1207 : Mossy Oaks Plantation Phase I Subdivision Bond Extension)  5.14.b Packet Pg. 102 Attachment: Irrevocable Standby Letter of Credit No. 226 (Old) (1207 : Mossy Oaks Plantation Phase I Subdivision Bond Extension)  5.14.c Packet Pg. 103 Attachment: Irrevocable Standby Letter of Credit No. 226 (New) (1207 : Mossy Oaks Plantation Phase I Subdivision Bond Extension)  6.1.a BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Crossings at Kelly Plantation - Final Plat Approval DEPARTMENT: Growth Management BCC DISTRICT: 5 STATEMENT OF ISSUE: Final plat approval for the proposed 15 lot single family home detached residential subdivision as submitted by Matt Zinke with Gustin, Cothern & Tucker, Inc. on behalf of the property owner, DKLM Investments, LLC. The property is currently zoned Mixed Use 2 (MU 2) with a Mixed Use 2 (MU 2) future land use map designation and lies within the Kelly Plantation Planned Unit Development (PUD) Master Site Development Plan dated March 20, 2012. BACKGROUND: The proposed development was submitted for review and approval on February 23, 2012 and was issued a Development Order (DO) on June 29, 2012. All infrastructure has been constructed and all departments’ approvals are on file. RECOMMENDATIONS: Staff recommends approval of the final plat as presented. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 104  6.1.a.a Packet Pg. 105 Attachment: FINAL PLAT PG-1 (1210 : Crossings at Kelly Plantation - Final Plat Approval)  6.1.a.b Packet Pg. 106 Attachment: FINAL PLAT PG-2 (1210 : Crossings at Kelly Plantation - Final Plat Approval)  6.2.a BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Daniel O'Byrne SUBJECT: Agreement with Peter A. Mayer Advertising, Inc. DEPARTMENT: Tourist Development BCC DISTRICT: All STATEMENT OF ISSUE: On or about July 23, 2012, the County issued a Request for Qualifications # TDC 47-12 (the “RFQ”), which sought proposals to provide marketing, advertising, public relations, website & research services for the Tourist Development Department. Pursuant to County policies, a Selection Committee reviewed and ranked the 17 proposals which were submitted in response to the RFQ. The Selection Committee’s rankings were presented to the Board of County Commissioners (the “Board”) at its October 2, 2012 meeting, and the Board approved entering into negotiations with Peter Mayer. BACKGROUND: The attached Agreement has been negotiated with Peter Mayer for advertising and various marketing services in regard to the Tourist Development Department. The Agreement incorporates the requirements contained in the RFQ, applicable provisions of the County’s Purchasing Manual, Contracts/Leases Policies and Procedure Manual, and Tourist Development Operations and Procedures Manual. The following is an abbreviated list of pertinent terms included in the Agreement: • Scope of Services is outlined in EXHIBIT A to the Agreement and separates the services under the Agreement into three areas: o Base Services o New Product Development Services o Paid Media and Pass Through Costs • Compensation for those respective areas are as follows: o Base Services shall not exceed $36,465 per month. o New Product Development Services will be billed at $115 per hour and will require a task order, which shall specify the scope of services and an estimated not-to-exceed cost. o Paid Media and Pass Through Costs will be billed at actual cost with no markup. The County has the discretion to pay vendors directly for paid media and pass through costs. • Term of the Agreement is for three years beginning on November 20, 2012 and ending on September 30, 2015 with an option to extend the Agreement for two additional 1-year extensions upon mutual consent of the parties. Packet Pg. 107  6.2.a Termination. The County may terminate the Agreement without cause by providing 60 days written notice to the Agency. The County may also terminated the Agreement with cause if there is a material breach of the Agreement which is not cured within 20 days after the receipt of written notice of the breach. OPTIONS: Approve/Disapprove. RECOMMENDATIONS: Approve entering into the attached agreement with Peter A. Mayer Advertising, Inc. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 108  6.2.a.a Packet Pg. 109 Attachment: Completed Coordination for Peter A Mayer contract (1181 : Agreement with Peter A. Mayer Advertising, Inc.)  6.2.a.b AGREEMENT BETWEEN PETER A. MAYER ADVERTISING, INC. AND OKALOOSA COUNTY, FLORIDA FOR MARKETING, ADVERTISING, PUBLIC RELATIONS, WEBSITE MANAGEMENT, RESEARCH, SOCIAL MEDIA AND SOCIAL NETWORKING Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) This Agreement made and entered into this ____th day of December, 2012, by and between Okaloosa County, Florida, a political subdivision of the State of Florida (the “County”) and Peter A. Mayer Advertising, Inc. (the “Contractor”) for the provision of marketing, advertising, public relations, website management, research, social media marketing and social networking for the County as more particularly set forth herein. WITNESSETH: WHEREAS, the COUNTY has determined that a marketing, advertising, public relations, website and research services, and social media program has aided in increasing tourism and improving the overall economy of Okaloosa County; and WHEREAS, the COUNTY has concluded that the services of a professional marketing, advertising, public relations, website management, social media and research agency are needed to continue to support the established successful program; and WHEREAS, the Board of County Commissioners, through a selection process conducted in accordance with the requirements of law and County policy, has selected CONTRACTOR as the professional agency for the aforementioned purpose; and WHEREAS, the CONTRACTOR has professional staff available to perform these functions and provide the services required under this Agreement; and WHEREAS, the COUNTY seeks to engage the CONTRACTOR for the purposes of providing these services. NOW THEREFORE, in consideration of the above and the mutual covenants contained herein, the parties agree as follows: ARTICLE I: RECITALS 1.1 The above recitals are incorporated as essential terms of this Agreement. ARTICLE II: SCOPE OF SERVICES 2.1 The CONTRACTOR will create, plan and execute the marketing, advertising, public relations, website management, research, social media marketing and social networking program for the COUNTY directed toward improving the COUNTY’s economy through tourism in accordance with the Scope of Services set forth in EXHIBIT A attached hereto and incorporated by reference. 1 Packet Pg. 110  6.2.a.b 2.2 The CONTRACTOR shall provide a mutually agreeable Account Executive(s) for support of the COUNTY’s marketing, advertising, public relations, website management, research, social media marketing and social networking programs. The Account Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) Executive(s) will be available to the COUNTY at all times as necessary for the proper performance of this Agreement by the CONTRACTOR. ARTICLE III: COMPENSATION AND INVOICES 3.1 Compensation under this Agreement shall be as set forth in EXHIBIT A attached hereto and incorporated by reference. 3.2 TASK ORDER PROCESS. All additional services, outside the scope of Marketing and Advertising services (“Base Services”) specifically set forth in EXHIBIT A, performed under this Agreement shall be pursuant to the written task order procedures of the County’s Contracts and Leases Policies. Each Task Order shall contain a detailed scope of services, an estimated not-to-exceed cost and an authorization to proceed with executing the activities set forth in the Task Order. Once a fully authorized Task Order has been issued to the CONTRACTOR, they may proceed with the provision of such services or acquisition of such goods and, upon submittal of proper documentation, will be entitled to payment or reimbursement as set forth in the Task Order. A. A task order for services up to $25,000 requires approval by the Director of Tourist Development Department and Purchasing Director. B. A task order for services above $25,000 and up to $50,000 requires approval by the Director of Tourist Development Department, Purchasing Director and County Administrator. C. A task order for services over $50,000 requires approval by the Board of County Commissioners. 3.3 The CONTRACTOR shall submit copies of effective contracts, insertion orders, a recapitulation of credits and debits affecting previously submitted statements or invoices and substantiating bills, and tear sheets, with support materials or other proof of publications for invoices presented for payment. 3.4 It is mutually agreed and understood that payments to the CONTRACTOR for approved expenditures shall be made only upon submission to the COUNTY of itemized copies or original invoices. All statements or invoices for fees for services rendered submitted by the CONTRACTOR to the COUNTY shall be submitted in detail sufficient for proper pre-audit and post-audit thereof to insure that the work performed, expense incurred, or service rendered actually took place, was properly authorized and that the correct amount has been charged. Invoices submitted by the CONTRACTOR for services performed under this Agreement shall be itemized such that the description of services performed is consistent with the description included in the scope of services attached hereto as EXHIBIT A. 2 Packet Pg. 111  6.2.a.b 3.5 No invoice will be processed without the executed task order, purchase order or contract/lease payment approval form approved by the respective County official(s). No invoice will be approved unless a copy of the actual invoice from the vendor accompanies the Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) invoice reflecting the acquisition of goods/services. 3.6 It is mutually agreed that invoices submitted to the CONTRACTOR for approved expenditures shall be paid promptly on desired dates and advantageous issues, and earn cash discounts, where applicable, for such prompt payment. It is further agreed that all available cash discounts, which can be obtained from media or other service providers by the CONTRACTOR for prompt cash payment, shall be taken by the CONTRACTOR, and shall be credited to the COUNTY provided that the CONTRACTOR receives timely payment from the COUNTY in order to take advantage of such cash discounts. 3.7 No advancement of funds will be issued unless specifically approved by the Board of County Commissioners. 3.8 In the event a portion of an invoice submitted to the COUNTY for payment to the CONTRACTOR, as specified above, is disputed, payment for the disputed amount may be withheld pending resolution of the dispute, and the remainder of the invoice(s) will be processed for payment without regard to that portion which is in dispute. ARTICLE IV: INDEPENDENT CONTRACTOR 4.1 It is mutually agreed that the CONTRACTOR is and shall remain an independent contractor and is not an employee or agent of the COUNTY. 4.2 COUNTY NON-LIABILITY. The CONTRACTOR agrees to exercise its best judgment in the preparation and placing of all advertising and in the planning and execution of all other promotional activities, with a view to avoiding any claims, proceedings, or suits, or suits of non-payment, being made or instituted as a result thereof. However, nothing contained herein shall be deemed to obligate the COUNTY to indemnify the CONTRACTOR against any loss or damage which the CONTRACTOR may incur as a result of any claim, suit or proceeding made or brought against the CONTRACTOR based upon any advertising or publicity prepared by the CONTRACTOR for the COUNTY. ARTICLE V: PURCHASES AND PAYMENTS 5.1 All purchases made by the CONTRACTOR on behalf of the COUNTY shall be made in accordance with the COUNTY’s Purchasing Manual. A copy of the Purchasing Manual has been provided to the CONTRACTOR and its terms are incorporated herein by reference as an essential part of this Agreement. 5.2 All purchases made by the CONTRACTOR on behalf of the COUNTY will be charged at cost with no markup. 3 Packet Pg. 112  6.2.a.b 5.3 BID PROCESS. The CONTRACTOR shall receive and maintain copies of the three (3) bids, required by the COUNTY, for each item with a cost in excess of $2,500 which is purchased on behalf of the COUNTY. In those instances where competitive pricing cannot be obtained, a Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) sole source purchase data sheet must be completed and attached to the requisition. Such requests must meet both of the following criteria: a. It is the only item that will produce the desired results (or fulfill the specific need). b. The item is available from only one source of supply. 5.4 RELEASE. The CONTRACTOR shall obtain releases, licenses, permits or other authorization to use photographs, copyrighted materials, artwork or any other property or rights belonging to third persons obtained by the CONTRACTOR for use in performing services for the COUNTY and shall be responsible for any claims arising with respect to such use. The COUNTY shall obtain same for any such items obtained by the COUNTY which are used by the CONTRACTOR in performing such services, and shall be responsible for any claims arising with respect to the use of such items. All releases, licenses, permits, or other authorization to use photographs, copyrighted materials, artwork, the Tourist Development Council/Emerald Coast Convention & Visitors Bureau, Inc./TDC Film Commission/Emerald Coast Conference Center website (www.destin-fwb.com; www.emeraldcoastfl.com; www.emeraldcoastconventioncenter.com) domain name or any other property or rights belonging to third persons and/ or COUNTY obtained by the CONTRACTOR for use in performing services for the COUNTY shall promptly be provided to the COUNTY and shall belong to the COUNTY. 5.5 The COUNTY may, at its sole discretion, elect to pay any media or other purchases directly to the vendor rather than having payment made through CONTRACTOR. ARTICLE VI: TERM OF AGREEMENT 6.1 This Agreement shall be effective on December 4, 2012 and shall terminate on September 30, 2015 unless terminated earlier pursuant to the provisions of this Agreement. The parties may mutually agree to a total of two (2) one-year extensions beyond this initial term. Such extension of this Agreement shall be in writing executed and approved by both the COUNTY and the CONTRACTOR. 6.2 Termination Without Cause. The COUNTY may terminate this Agreement without cause by giving written notice to the CONTRACTOR of its intent to terminate this Agreement. Such written notice of intent shall be given sixty (60) days prior to the actual date of termination. 6.3 Termination With Cause. This Agreement may be terminated by the COUNTY if there is a material breach of this Agreement which is not cured within twenty (20) days after the receipt of written notice of the breach. Upon the giving of written notice and the failure to cure, this Agreement shall be terminated automatically at the end of the cure period. 4 Packet Pg. 113  6.2.a.b 6.4 In the event sufficient budgeted funds are not available for a new fiscal monthly period, the COUNTY shall notify the CONTRACTOR of such occurrence and the Agreement shall terminate on the last day of the current fiscal monthly period without penalty or expense to the Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) COUNTY. Such termination shall be deemed without cause. 6.5 The rights, duties and responsibilities of the CONTRACTOR shall continue in full force during the period of notice of termination set forth herein, regardless if for cause or without cause. 6.6 Upon termination and subject to any third party rights therein, all finished or unfinished documents, web sites, domain names, and any other materials used to perform the services under this Agreement shall immediately become the COUNTY's property upon payment therefor. The CONTRACTOR shall provide that material within thirty (30) days of the termination of this Agreement. Any out of pocket costs relating to the provision of this material to the COUNTY shall be paid by the CONTRACTOR. Such materials shall be provided to the COUNTY in a format determined by the COUNTY. Notwithstanding anything to the contrary contained herein, if the CONTRACTOR develops any software applications in connection with the services provided hereunder and those software applications were not developed, created or utilized with any funding provided by the County, then the CONTRACTOR will own all copyrights in any code, software, design features and architecture supplied by the CONTRACTOR (the “Code”), but excluding any content, which shall be owned by the COUNTY, subject to any third party rights. The COUNTY shall have a perpetual, non-exclusive, non-assignable, royalty free license, with the right to sublicense, to use the Code in connection with any such software application(s) developed by the CONTRACTOR for the COUNTY. 6.7 If the Agreement is terminated by the COUNTY as provided herein, the CONTRACTOR will be paid an amount which is equal to the total of all costs incurred on or prior to cancellation date. Any uncancellable contract made with the COUNTY's authorization and still existing at termination may be carried to completion by the CONTRACTOR and paid for by the COUNTY if mutually agreed in writing by the parties. Costs incurred will be based on all invoices received; all signed actual media agreements at close of date stated on letter of notification and all contracts that CONTRACTOR has entered into with suppliers on behalf of the COUNTY. This amount will then be reconciled with all progress payments made prior to cancellation. However, CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from the termination. 5 Packet Pg. 114  6.2.a.b ARTICLE VII: FINDINGS PROPRIETARY. 7.1 Any reports, information, data, etc., given to, prepared or assembled for or by the Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) CONTRACTOR under this Agreement shall not be made available to any individual or organization without the prior written approval of the COUNTY. Subject to any third party rights and the CONTRACTOR's ownership of any Code as set forth in Section 6.6, the COUNTY shall have unrestricted authority to publish, disclose, distribute, and otherwise use any report, data, or other materials prepared under this Agreement. All artwork, photographs, design, layout, production materials, websites, domain names, etc., created by, and all rights acquired by the CONTRACTOR for the COUNTY will become the property of the COUNTY upon acceptance, subject to any third party, rights and the CONTRACTOR's ownership of any Code. Nothing contained in this Agreement shall be construed to prohibit the release of information pursuant to the requirements of law relating to public records. ARTICLE VIII: CONTRACTOR REQUIREMENTS AND CERTIFICATIONS 8.1 The CONTRACTOR certifies that it will not attempt in any manner to improperly influence any specifications, to be restrictive in any respect, nor attempt in any way to improperly influence any purchasing of services or commodities by the COUNTY. 8.2 The CONTRACTOR hereby certifies that it is legally entitled to enter into this Agreement with the COUNTY and that it will not be violating, either directly or indirectly, any conflict of interest statute or any other applicable laws by the performance of this Agreement. 8.3 The CONTRACTOR certifies that it has received and reviewed the COUNTY’s Contracts and Leases Policies and Procedures Manual, Purchasing Manual and Tourist Development Operations and Procedures Manual, and agrees to conform to the requirements of these policies. A violation of any COUNTY policy relating to the purchasing of services or the administration of this Agreement as required by the COUNTY policies shall be deemed a material breach of this Agreement. 8.4 The CONTRACTOR certifies that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of executing this Agreement. The compensation amount and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. CONTRACTOR represents that it has furnished a Public Entity Crimes Affidavit pursuant to Section 287.133, Florida Statutes. 8.5 In connection with the services to be performed under this Agreement, CONTRACTOR agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity statutes and regulations. 6 Packet Pg. 115  6.2.a.b ARTICLE IX: AVAILABILITY OF CONTRACTOR RECORDS. 9.1 The CONTRACTOR shall maintain records, books, documents, passwords, papers and Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) financial information pertaining to work performed under this Agreement. The COUNTY upon reasonable request and notice, will have, during regular business hours, access to and the right to review and obtain copies of any and all information and documents pertinent to work performed under the Agreement at any time during the term of this Agreement. The CONTRACTOR agrees that the COUNTY, or any of its duly authorized representatives shall, upon reasonable request and notice, until expiration of one (1) year after final payment under this Agreement have access to, during regular business hours, and the right to examine any pertinent books, documents, papers, and records of the CONTRACTOR involving transactions related to this Agreement. In the event that such audit is in progress at the expiration of the aforementioned one (1) year period, access to and right to examine will continue until completion of such audit. ARTICLE X: GENERAL INSURANCE REQUIREMENTS. 10.1 The CONTRACTOR shall not commence any work in connection with this Agreement until it has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Management Officer. 10.2 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. 10.3 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 sixty (60) days’ notice to the CONTRACTOR. 10.4 The insurance definition of Insured or Additional Insured shall include Subcontractor, Sub-subcontractor, and any associated or subsidiary companies of the CONTRACTOR, which are perform any services under this Agreement. 10.5 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. 10.6 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 associated or subsidiary company involved in the project must be named in the Workers' Compensation coverage. 10.7 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 Okaloosa County Risk Management Officer. 7 Packet Pg. 116  6.2.a.b 10.8 All insurance contracts, except the Workers' Compensation shall list the COUNTY as an Additional Insured. CONTRACTOR shall provide the COUNTY current Certificates of Insurance for all policies at least ten (10) days before commencing work. Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) ARTICLE XI: WORKERS’ COMPENSATION 11.1 The CONTRACTOR shall secure and maintain during the term of this Agreement Workers' Compensation insurance for all employees including supervision, administration and management personnel. In case any services under this Agreement are sublet with the approval of the COUNTY, the CONTRACTOR shall require the subcontractor to provide Workers' Compensation insurance for all its employees. Evidence of such insurance shall be furnished to the COUNTY not less than ten (10) days prior to the commencement of any and all subcontracted work. 11.2 Such insurance shall comply with the Florida Workers' Compensation Law. 11.3 Coverage shall include a waiver or subrogation clause in favor of the COUNTY. Also, this endorsement must be indicated on all Certificates of Insurance. 11.4 The COUNTY is not liable for Social Security contributions pursuant to Section 418, U.S. Code, relative to the compensation of the CONTRACTOR during the period of this Agreement. The CONTRACTOR shall procure, pay for, and maintain Workers’ Compensation insurance as required by law. The CONTRACTOR is solely responsible for any claims made by its employees under the Fair Labor Standards Act. ARTICLE XII: BUSINESS AUTOMOBILE AND COMMERCIAL GENERAL LIABILITY 12.1 The CONTRACTOR shall maintain Business Automobile Liability insurance coverage throughout the term of this Agreement and any extension hereto. The insurance shall include Owned, Non-Owned & Hired motor vehicle coverage. 12.2 The CONTRACTOR shall carry other Commercial General Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. Such coverage shall include both On and Off Premises Operations, Contractual Liability, Board Form Property Damage and Professional Liability. 12.3 Commercial General Liability coverage shall be endorsed to include the following: a) On and Off Premises Operation Liability b) Occurrence Bodily Injury and Property Damage Liability c) Independent Contractor Liability d) Completed Operations and Products Liability 8 Packet Pg. 117  6.2.a.b 12.4 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. Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) 12.5 All liability insurance 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 12.6 below, 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 specified in 12.6 below. 12.6 LIMITS OF LIABILITY. The insurance required shall be written for not less than the following limits unless law requires higher amounts: 1. Workers Compensation a) State Statutory b) Employers Liability $1 million each accident 2. Business Automobile $1 million each occurrence (Combined Single Limit) 3. Commercial General Insurance $1 million each occurrence (Combined Single Limit) 4. Professional Liability $1 million each occurrence (Combined Single Limit) 5. Personal Injury and Advertising $1 million each occurrence (Combined Single Limit) 12.7 The CONTRACTOR agrees to report any incident or claim that results from performance of this Agreement. Within ten (10) days of the CONTRACTOR’s knowledge, the Okaloosa County Risk Management Officer shall receive written notice describing the incident or claim. In the event such incident or claim involves injury or property damage to a third party, verbal notification shall be given the same day the CONTRACTOR becomes aware of the incident or claim. A detailed written report is to be made within ten (10) days. 9 Packet Pg. 118  6.2.a.b ARTICLE XIII: CERTIFICATE OF INSURANCE 13.1 All insurance shall include the interest of all entities names in and its respective agents, Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) consultants, servants and employees of each and all other interests as may be reasonably required by the COUNTY as Additional Insured. The coverage afforded the Additional Insureds under this policy shall be primary insurance. If the Additional Insureds 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. 13.2 Certificates of insurance, in duplicate, evidencing all required coverage must be submitted to and approved by the COUNTY prior to the commencement of any of the work. The certificate holder(s) shall be as follows: Okaloosa County 602-C North Pearl Street Crestview, Florida 32536 13.3 All policies shall expressly require thirty (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. The certificate, if on a Standard Accord, shall not include language such as "if any" or but failure to mail such notice shall impose on obligation or liability of any kind upon the COUNTY, its agents or representatives. 13.4 All certificates shall be subject to the COUNTY’s approval of adequacy of protection and the satisfactory character of the Insurer. 13.5 The Certificates of Insurance shall disclose any and all deductibles or self-insured detentions (SIDs). Deductibles or SIDs in excess of $10,000 will not be accepted unless specifically approved in writing by the COUNTY. All deductibles or SIDs, whether approved by the COUNTY or not, shall be the full responsibility of the CONTRACTOR. In particular, the CONTRACTOR shall afford full coverage as specified herein to entities listed as Additional Insureds. In no way will the entitles listed as Additional Insureds 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 the 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. 13.6 In the event of failure of the CONTRACTOR to furnish and maintain said insurance and to furnish satisfactory evidence thereof, the 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. 10 Packet Pg. 119  6.2.a.b 13.7 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 Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) 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 sub­subcontractor. 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. ARTICLE XIV: INDEMNIFICATION AND HOLD HARMLESS 14.1 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. ARTICLE XV: AMENDMENT 15.1 This Agreement may be amended, in writing, by the mutual consent of the parties. ARTICLE XVI: ENTIRE AGREEMENT 16.1 This Agreement constitutes the entire understanding between the parties with respect to the transaction contemplated herein and supersedes all prior written or oral negotiations, commitments or writings. All future modifications to this agreement shall be in writing signed by both parties. ARTICLE XVII: ATTORNEYS FEES 17.1 If any legal action is brought by either party relating to this Agreement, the prevailing party will be entitled to reimbursement by the other party of its reasonable attorneys' fees and costs. ARTICLE XVIII: GOVERNING LAW AND VENUE 18.1 This Agreement shall be interpreted in accordance with the laws of the State of Florida without regard to its principles of conflicts of laws. Venue for any legal proceedings arising out of this Agreement shall be in Okaloosa County, Florida. 11 Packet Pg. 120  6.2.a.b IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first hereinabove written. Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) Approved as to form: OKALOOSA COUNTY, FLORIDA By:___________________________ ________________________________ John Dowd, County Attorney Don R. Amunds, Chairman Board of County Commissioners ATTEST: Date: ____________________________ ______________________________ Clerk of the Circuit Court PETER MAYER, ADVERTISING, INC. ___________________________________ Mark Mayer, President Witnesses: Date: ______________________________ _____________________________ Signature ___________________________________ Print Name ___________________________________ Signature ___________________________________ Print Name 12 Packet Pg. 121  6.2.a.b EXHIBIT A - SCOPE OF SERVICES AND COMPENSATION Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) I. MARKETING AND ADVERTISING SERVICES (“BASE SERVICES”) The CONTRACTOR shall provide the following marketing and advertising services (“Base Services”) for the development of both the COUNTY Leisure and Meetings and Conventions Developments: A. Account Management and Strategy • Discovery and Research • Competitive Analysis and Monitoring • Research Management • Strategic and Marketing Plan Development • Creative Brief Development • Evaluation/Development of business opportunities • Documenting all COUNTY requests and project initiation • Management of overall COUNTY budgets and spending recommendations • Overseeing and reporting of relevant metrics • Primary contact for COUNTY relationship management and communication • Facilitate and Manage Campaign Execution • Marketing Refinement and Optimization • Website Metrics Reporting and Analysis of www.emeraldcoastfl.com and www.emeraldcoastconventioncenter.com B. Public Relations (Excluding New Project Development/Execution) • Media and Community Outreach and Relations • Event Planning and Announcement Management • Development of Public Relations Strategies • Message Development and Spokesperson Training C. Social Media • Community Management and Monitoring for all social channels o Development of monthly content calendars for social channels o Optimization based on response/analytics • Development of overarching social media strategies, including: o Goals and Key Performance Indicators o Content and Conversation Categories o Engagement Tactics o Social Media Campaigns o Editorial Calendars • Monthly Reporting and Analytics for Social Channels D. Media Planning and Purchasing (Excluding New Project Development/Execution) • Market and Category Research 13 Packet Pg. 122  6.2.a.b • Competitive Spending and Monitoring • Development of POV documentation Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) E. Project Management (Excluding New Project Development/Execution) • Development of Statements of Work and Estimates • Project Planning and Scheduling • Management of Budgets on Individual Projects • Prioritizing COUNTY Work and Management of Overall Project Workflow • Resource Identification and Allocation • Releasing Media Deliverables to the Appropriate Parties F. Website Maintenance • Search Engine Optimization and Analytics • Website Metrics and Analytics • Discovery for new feature requests (Booking Engine, etc.) • Email Development, Deployment and Management • Tracking Implementation • Edits within the current Content Management System • Optimization Based on Analytics • Maintenance as allocated in the monthly budget for: o Information Architecture/User Experience o Interactive Design o Content Management o Interactive Development o Quality Assurance Testing on a monthly basis:  Browsers – IE8+, Firefox 14+, Chrome Current Release, Safari 5.1 + 6.0, Safari (iPad)  Operating Systems: Windows 7, Windows XP, Windows Vista, Mac OSX, iOS (iPad)  Email: Hotmail, AOL Webmail, Outlook 2003/2007/2010, Yahoo, Gmail, iPad, Lotus Notes 8.5, iPhone 5, Android 2.2 G. Advertising Maintenance • CONTRACTOR support of general advertising maintenance for existing projects (new projects will be estimated separately and are considered a separate allocation) • Maintenance as allocated in the monthly budget for: o Creative Services  Copywriting  Creative Direction  Art Direction/Design o Production  Proofreading  Print Production Supervision 14 Packet Pg. 123  6.2.a.b H. Exclusions from Base Services • Excludes external costs, such as photography, 3rd party research, video/audio production and editing, printing, web licenses and hosting, database management and Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) email deployment. • Excludes Creative, Production, Media Planning and Purchasing and Project Management time associated with the development and execution of specific advertising campaigns or new projects, which will require a separate Task Order. • Excludes time for the CONTRACTOR to handle crisis communications and major campaign support, specifically as it relates to Public Relations • Website Maintenance Exclusions: o Design, Development, and Implementation pertaining to any new campaigns, features, functionality, or sections o Mobile site or tablet optimization or creation for the existing sites o Application creation or development o Migration and Post Migration Quality Assurance Testing of the Existing Sites to New Environments. Assumes incumbent Agencies will handle as written in the CONTRACTOR Transition Plan documentation. II. COMPENSATION FOR BASE SERVICES The CONTRACTOR’s total annual compensation for marketing and advertising services shall not exceed four-hundred thirty seven thousand five hundred eighty dollars ($437,580) for the Base Services as set forth herein, inclusive of all administrative costs, including but not limited to copying, long distance charges, postage, etc. The amount shall be billed in equal monthly amounts of thirty six thousand four hundred and sixty five dollars ($36,465) per month for the provision of the Base Services and submitted to the COUNTY at the end of each month. The amounts billed monthly will be for the Base Services provided during the prior month. In addition to the compensation for Base Services set forth above, the CONTRACTOR will be allowed to seek reimbursement of actual travel expenses incurred during travel to Okaloosa County, provided it is in conformity with the requirements of Section 112.061, Florida Statutes, governing per diem and travel expenses of public officials, employees and authorized persons. Every three (3) months, and at the end of each year of this Agreement, the CONTRACTOR will provide a detailed summary and reconciliation of all activities performed during that period as part of the Base Services provided under this Agreement. Any additional services provided by the CONTRACTOR will require a separate Task Order, which shall contain a detailed scope of services and an estimated not-to-exceed cost for performing such services. CONTRACTOR shall not perform any additional services without a Task Order approved by the COUNTY as provided for under Article III, Section 3.2 of this Agreement. 15 Packet Pg. 124  6.2.a.b III. NEW PROJECT DEVELOPMENT SERVICES Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) The COUNTY may engage in new product development, purchases of media and other promotional activities, including those services excluded from the Base Services. The provision of these services and compensation for these services shall be governed by the following provisions: A. New Project Development and Execution includes items such as: • Campaign Development • New features, functionality, or sections of the existing website • Design and Development of a new website B. In accordance with the COUNTY’s Purchasing Manual, the CONTRACTOR will submit a Task Order for approval prior to beginning work on any project, which will include the following CONTRACTOR functions: • Creative Services o Copywriting o Creative Direction o Art Direction/Design • Project Management • Media Planning and Purchasing o Development of Media Mix and Strategy o Planning and Purchasing for Integrated Campaigns o Online Banner Ad Serving and Tracking o Tracking and Reporting of All Purchased Media o Development of Optimization Recommendations and Strategy • Public Relations • Production o Information Architecture/User Experience o Content Management o Interactive Development o Proofreading o Print Production Supervision o Broadcast Production Supervision o Art Buying/Purchasing o Quality Assurance Testing 16 Packet Pg. 125  6.2.a.b C. Other CONTRACTOR functions in support of any new projects will be covered under the Monthly Marketing and Advertising fee. This includes: • Account Management and Strategy Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) • Public Relations (Excluding New Project Development/Execution) • Social Media IV. COMPENSATION FOR NEW PRODUCT SERVICES The CONTRACTOR will be compensated on an hourly basis, at a rate of one hundred fifteen dollars ($115) per hour, for New Product Development and Execution services detailed above. Such services provided by the CONTRACTOR will require a Task Order, which shall contain a detailed scope of services and an estimated not-to-exceed cost for performing such services. CONTRACTOR shall not perform any New Project Development and Execution services without a Task Order approved by the COUNTY as provided for under Article III, Section 3.2 of this Agreement. V. PAID MEDIA AND PASS THROUGH COSTS Paid Media and Pass Through Costs include third-party charges for media and production and includes items such as: • Traditional Paid Media (Print, Outdoor, Broadcast) • Online Paid Media (Display Advertising, Facebook, Google Keyword, etc.) • Additional Pass Through Production Costs, such as: o Website Hosting o Site Spam Filter o Content Management System o Email Deployment System o Website Search Tool o Website Video Player o Research o Production Costs (Printing, Video Production, Photography) VI. COMPENSATION FOR PAID MEDIA AND PASS THROUGH COSTS The CONTRACTOR will be compensated for the actual paid media and pass through costs incurred by the CONTRACTOR on behalf of the COUNTY with no markup. Such services provided by the CONTRACTOR shall require a Task Order, which shall contain a detailed scope of services/goods and an estimated not-to-exceed cost for performing such services or delivering such goods. No invoice will be processed without the executed task order, purchase order or contract/lease payment approval form approved by the COUNTY as provided for under Article III, Section 3.2 of this Agreement. No invoice will be approved unless a copy of the actual invoice from the vendor accompanies the invoice reflecting the acquisition of goods/services. 17 Packet Pg. 126  6.2.a.b The COUNTY may, at its sole discretion, elect to pay the vendor directly for paid media and pass through costs. Attachment: Okaloosa County_Peter Mayer Contract_FINAL (2) (1181 : Agreement with Peter A. Mayer Advertising, Inc.) 18 Packet Pg. 127  6.3.a BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Essex Road EMS Bldg. Project Completion - Funding Request DEPARTMENT: Facility Maintenance BCC DISTRICT: All STATEMENT OF ISSUE: The Board is requested to approve funding in the amount of $44,000 to complete the remodeling of the former Garniers Wastewater Treatment Plant (WWTP) controls building into an EMS station, and facilities for the EMS shift command and EMS main supply. BACKGROUND: In February of 2012, the BCC approved of providing $65,000 to fund the remodeling of the former Garniers WWTP controls building for an EMS station and to house the EMS shift command and EMS main supply (February agenda item attached). That funding request was based on what FM staff believed the condition of the building would be at the time it was turned over for remodeling and the pre-permitting guidance received regarding the fire/life safety requirements for the facility. Unforeseen scope changes in the fire/life safety requirements and the actual condition of the building when it was turned over have driven the cost to complete the project much higher than the original estimate. The original funding for the project has been exhausted. To complete the project will require an additional $44,000 in funding (see attachment). The building contains approximately 4100 s.f. under roof. The completed project's total hard cost will be approximately $26.60/s.f. and total costs less than $65/s.f. With market prices for a remodeling project of this scope typically running more than $100/s.f., the finished project still represents a terrific value to the county. If the Board approves the completion of the project, $44,000 will be needed to finish all of the work. RECOMMENDATIONS: The Board is requested to approve funding in the amount of $44,000 to complete the remodeling of the former Garniers WWTP controls building into an EMS station and a new home for the EMS shift command and EMS main supply. RECOMMENDED BY: Packet Pg. 128  6.3.a APPROVED BY: James D. Curry, County Administrator Packet Pg. 129  6.3.a.a Attachment: Agenda Request - Funding for EMS ESSEX Road (Garniers WWTP) - 02-07-2012 (1162 : Essex Road EMS Bldg. Project Completion BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: February 7, 2012 TO: Honorable Members of the Board FROM: Donald L. Turner, Facilities Maintenance Director SUBJECT: EMS Essex Road, Ft. Walton Beach - Project Funding STATEMENT OF ISSUE: Request Board to approve funding in the amount of $65,000 to remodel the former Garniers WWTP Control Building into the EMS Essex Road building. BACKGROUND: During the budget preparation process, the Facilities Maintenance Department receives more capital construction projects requests than it can complete in any one fiscal year. Funding is requested for all approved projects that are expected to begin in the year for which the budget is being prepared. On occasion, new information comes out or circumstances change that brings to light a strategic advantage in reordering the start/completion schedule for the projects. Such is the case with the EMS Essex Road project. The EMS Essex Road project was not funded in FY 2012. It is in the best interest of the county to move the project start date to FY 2012. The cost estimate for the project is $65,000 to fully fund the project. Funding ($45,000) was approved to remodel a portion of the second floor of the Brackin Building for the Property Appraiser’s office that won’t be used in FY ’12. The Board could reallocate those funds and up to $20,000 from reserves for the EMS Essex Road project. RECOMMENDATION: Request Board to approve funding in the amount of $65,000 to remodel the former Garniers WWTP Control Building into the EMS Essex Road building. RECOMMENDED BY: _____________________________________________ Donald L. Turner Facility Maintenance Director REVIEWED BY: _____________________________________________ John Hofstad Public Works Director APPROVED BY: _____________________________________________ James D. Curry County Administrator Packet Pg. 130  6.3.a.b EMS Essex Road Project - Scope Additions DESCRIPTION CONTRACT SERVICES TOTAL COST Attachment: EMS Essex Rd. - Project Completion Estimate (1162 : Essex Road EMS Bldg. Project Completion - Funding Request) Fire Sprinkler System B&C Contract $18,162.78 Monitored Fire Alarm System B&C Contract $5,998.50 6" Water Line Materials N/A $7,526.64 Install 6" Water Line - Labor Water & Sewer $862.09 Replace Exterior Doors & Hardware N/A $10,000.00 (est.) Rear Loading Dock for Supply N/A $1,200.00 (est.) Misc. N/A $249.99 (est.) TOTAL REQUESTED $44,000.00 Packet Pg. 131  6.4.a BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Richard Brannon SUBJECT: School Storm Shutters DEPARTMENT: Purchasing BCC DISTRICT: 1&3 STATEMENT OF ISSUE: Bids were opened on August 9, 2012. Bids were received from seven (7) bidders (see attached). A site visitation was held with the three (3) lowest bidders meeting specifications to confirm Scope of Work and pricing. Devaux Construction, Inc. is the low bidder meeting specifications in the amount of $122,500.00. BACKGROUND: Okaloosa County has been awarded a shelter retrofit grant of $143,945 by the Florida Division of Emergency Management. Grant funds are to be used to retrofit three public school structures located in North Okaloosa County for use as hurricane shelter space. The three structures are Baker School (Bldgs. 14, 15, 17, 18), Crestview High School (Bldg. 11) & Laurel Hill School (Bldg. 8). The project is estimated to increase available shelter space in Okaloosa County by 17,140 sq. ft. This will increase total spaces available to 16,346 spaces at 15 sq. ft. Per person, or 12,260 spaces at 20 sq. ft. Per person. OPTIONS: Approve or Reject. RECOMMENDATIONS: School Board & BCC Staff recommend awarding to Devaux Construction Inc.; they being low bidder meeting specifications in the amount of $122,500.00. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 132  6.4.a.a BID TABULATION FOR INSTALLATION OF STORM SHUTTERS/WINDOW PROTECTION @ VARIOUS LOCATIONS BID #: EM 26-12 Attachment: RFB-Storm Shutters-Window Protection Schools (1195 : School Storm Shutters) REC’D AUGUST 9, 2012 REC’D OCTOBER 31, 2012 LINC GRANT CONSTRUCTION - $107,810.00 LINC GRANT CONSTRUCTION - $139,840.00 DEVAUX CONSTRUCTION INC – $102,292.00 DEVAUX CONSTRUCTION INC - $122,500.00 VANDERHEYDEN INC. - $123,360.00 VANDERHEYDEN INC. – $129,360.00 Packet Pg. 133  6.4.a.b INSTALLATION OF STORM SHUTTERS/WINDOW PROTECTION @ VARIOUS LOCATIONS TABULATION SHEET – RFP #EM 26-12 (Bid Check or Bond) BOND BOND Attachment: RFB-Storm Shutters_Bid Tabulation Sheet (1195 : School Storm Shutters) VENDOR VANDERHEYDEN INC. VANDERHEYDEN INC. VANDERHEYDEN INC. VANDERHEYDEN INC. PHOENIX ARCHITECTURAL BAKER SCHOOL BLDG 14 $16,000.00 $6,648.00 $6,156.00 $9,234.00 $25,552.00 BLDG 15 $9,500.00 $2,410.00 $2,232.00 $4,842.00 $5,776.00 BLDG 17 $29,640.00 $8,631.00 $7,992.00 $16,830.00 $28,541.00 BLDG 18 $22,860.00 $10,471.00 $9,696.00 $15,606.00 $23,523.00 CRIMSAFE SECURITY FABRIC CHOICE OF 3 TYPES TOWN & COUNTRY INDUSTRIES SHUTTER TYPE SCREENS CORRUGATED ALUMINUM (SEE ATTACHED) ACCORDION ACCORDION C’VIEW SCHOOL BLDG 11 $31,960.00 $12,182.00 $11,280.00 $19,620.00 $36,240.00 CRIMESAFE SECURITY FABRIC CHOICE OF 3 TYPES TOWN & COUNTRY INDUSTRIES SHUTTER TYPE SCREENS CORRUGATED ALUMINUM (SEE ATTACHED) ACCORDION ACCORDION LAUREL HILL SCHOOL BLDG 8 $12,600.00 $4,018 $3,720.00 $6,300.00 $11,632.00 CRIMESAFE SECURITY FABRIC CHOICE OF 3 TYPES TOWN & COUNTRY INDUSTRIES SHUTTER TYPE SCREENS CORRUGATED ALUMINUM (SEE ATTACHED) ACCORDION ACCORDION ALL LOCATIONS GRAND TOTAL: $123,360.00 $44,360.00 $41,076.00 $72,432.00 $131,264.00 PRICE PER SQ. FT.: $40.00 $12.00 $11.50 $18.00 $34.46 Packet Pg. 134  6.4.a.b INSTALLATION OF STORM SHUTTERS/WINDOW PROTECTION @ VARIOUS LOCATIONS TABULATION SHEET – RFP #EM 26-12 Attachment: RFB-Storm Shutters_Bid Tabulation Sheet (1195 : School Storm Shutters) (Bid Check or Bond) CHECK BOND CHECK TOMMY’S GLASS & PANHANDLE LINC GRANT LINC GRANT LINC GRANT VENDOR MIRROR CO, INC. CONSTRUCTION LLC CONSTRUCTION INC. CONSTRUCTION INC. CONSTRUCTION INC. BAKER SCHOOL BLDG 14 $12,540.00 $28,550.00 $11,900.00 $12,400.00 $15,600.00 BLDG 15 $ 8,740.00 $ 5,250.00 $ 6,480.00 $6,980.00 $11,220.00 BLDG 17 $29,500.00 $24,000.00 $22,140.00 $23,010.00 $30,030.00 BLDG 18 $26,275.00 $28,175.00 $24,890.00 $25,990.00 $31,200.00 (2) CLEAR PANEL EXETER STORMSHIELD, HURRICANE PANELS, SHUTTER TYPE (2) ACCORDION ACCORDION, (2) GALVANIZED STORM PANELS SCREENS PERMANENT ACCORDION ACCORDION/STORMSHIELD SHUTTERS C’VIEW SCHOOL BLDG 11 $31,000.00 $25,350.00 $24,730.00 $25,800.00 $30,010.00 CRIMESAFE SECURITY PERMANENT ACCORDION SHUTTER TYPE SCREENS ACCORDION GALVANIZED STORM PANELS SCREENS SHUTTERS LAUREL HILL SCHOOL BLDG 8 $10,800.00 $7,850.00 $13,100.00 $13,630.00 $14,250.00 CRIMESAFE SECURITY PERMANENT ACCORDION SHUTTER TYPE SCREENS ACCORDION GALVANIZED STORM PANELS SCREENS SHUTTERS ALL LOCATIONS GRAND TOTAL: $118,410.00 $119,175.00 $103,240.00 $107,810.00 $132,310.00 PRICE PER SQ. FT.: $35.00 $23.50 LINC GRANT CONST – PRICE PER SQ FT (Prices vary depending on window sizes) Packet Pg. 135  6.4.a.b INSTALLATION OF STORM SHUTTERS/WINDOW PROTECTION @ VARIOUS LOCATIONS TABULATION SHEET – RFP #EM 26-12 Attachment: RFB-Storm Shutters_Bid Tabulation Sheet (1195 : School Storm Shutters) (Bid Check or Bond) BOND BOND EMPIRE BUILDERS DEVAUX CONSTRUCTION VENDOR GROUP INC. BAKER SCHOOL BLDG 14 $23,518.58 $ 7,515.00 BLDG 15 $30,032.18 $ 5,395.00 BLDG 17 $24,742.24 $24,819.00 BLDG 18 $ 7,732.54 $29,073.00 TAPCO SCREEN EXHIBIT A, EXHIBIT B, (2) SHUTTER TYPE ACCORDION EXHIBITS B & C C’VIEW SCHOOL BLDG 11 $28,056.86 $26,212.00 SHUTTER TYPE ACCORDION EXHIBIT B LAUREL HILL SCHOOL BLDG 8 $5,111.76 $9,278.00 SHUTTER TYPE ACCORDION EXHIBIT B ALL LOCATIONS GRAND TOTAL: $119,194.16 $102,292.00 PRICE PER SQ. FT.: $ 22.00 SEE EXHIBIT LIST (ATTACHED) Packet Pg. 136  6.5.a BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Veteran's Park - Improvement Schedule and Funding DEPARTMENT: Public Works BCC DISTRICT: 2 STATEMENT OF ISSUE: Staff requests Board approval for various park improvements for the unoccupied portion of Veteran's Park (approximately 17 acres) and a dedicated funding source utilizing annual lease fees from the two leased parcels: Gulf Coast Marine Life Center and Wild Willy's Adventure Island. BACKGROUND: Earlier this year the BCC approved a conceptual plan to subdivide portions of the 35-acre Okaloosa Island property previously known as the Island Golf Center. The approved subdivision of property resulted in 4.57 acres for the Gulf Coast Marine Life Center, 3.56 acres for the Emerald Coast Wildlife Refuge, 2.83 acres for Wild Willy's Adventure Island, and 17+/- acres reserved for passive recreation. Two of the leased parcels, Marine Life Center and Wild Willy's, were previously approved by the Board and are set up as revenue generating leases for the County. The largest tract within the property (17 acres +/-) is to be reserved in its natural state for the use and enjoyment of the public. This past summer, staff brought before the Board for approval a conceptual rendering of various improvements to this tract which included: gravel walking trails, pavilions with picnic tables, fountains in two of the ponds, and reconstruction of the pedestrian bridge over the large pond. Staff estimates the cost for these improvements to be: $18,000 for construction of the walking trails, $5,000-$7,000 each for the picnic pavilions, $2,500 each for the pond fountains, $15,000 for reconstruction of the pedestrian bridge, and $50,000 for a restroom facility on the east side of the park if desired. Many of the improvements planned for this tract will be accomplished through volunteer efforts and funding provided by the two lease operations, Marine Life Center and Wild Willy's. However, the two lessees have not committed to funding all of the improvements needed to complete the park. Staff recommends setting aside a portion, or all, of the annual lease fees in a separate account for use by the Parks Division as a funding source for various improvements at this location. Currently, the Parks Division does not have a budgeted capital improvement program for Veteran's Park. The annual lease fees total $140,000, with Wild Willy's contributing $65,000 and the Marine Life Center contributing $75,000. The Parks Division can draw from this funding source to ensure that the improvements outlined above are completed within our conceptual timetable of 18 months. In addition, several improvements are needed to the existing Packet Pg. 137  6.5.a public parking area, a portion of which resides within the lease boundaries of Wild Willy's and the Marine Life Center. Staff anticipates using this funding source to complete the needed parking improvements in the area outside of the leased boundary. This project will be accomplished in cooperation with the two lease operations in order to take advantage of economies of scale savings. OPTIONS: Approve/Disapprove staff's recommendations related to Veteran's Park improvements and the corresponding funding source needed for their completion. RECOMMENDATIONS: Staff requests Board approval to implement various improvements within the unoccupied portion of Veteran's Park on Okaloosa Island and subsequent approval for a corresponding funding source utilizing annual lease fees from the two leased parcels, Gulf Coast Marine Life Center and Wild Willy's Adventure Island. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 138  6.5.a.a Packet Pg. 139 Attachment: Island lease fees_email (1192 : Veteran's Park - Improvement Schedule and Funding)  6.5.a.a Packet Pg. 140 Attachment: Island lease fees_email (1192 : Veteran's Park - Improvement Schedule and Funding)  6.5.a.b Packet Pg. 141 Attachment: Veteran's Park_parcel boundaries (1192 : Veteran's Park - Improvement Schedule and Funding)  6.6.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Major J.D. Peacock, Okaloosa County Sheriff's Office SUBJECT: LETF Disbursement Request 1. Crime Prevention a. Baker Band Boosters, Crime Prevention Marketing b. Choctaw Basketball, Crime Prevention Marketing c. Alaqua Animal Refuge, Investigative Training 2. Donations a. Mental Health Association, Other Law Enforcement Purpose b. Trauma Intervention Program of Northwest Florida, Other Law Enforcement Purpose c. S4P Synergy Inc., Safe Neighborhoods and Crime Prevention d. Dr. MLK Jr. Celebration Committee, Safe Neighborhoods and Crime Prevention 3. Other a. Task Force Member Disbursement, City of Niceville Total Disbursement Requested: $16,862.30. Packet Pg. 142  6.6.1.a Packet Pg. 143 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 144 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 145 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 146 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 147 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 148 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 149 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 150 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 151 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 152 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 153 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 154 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 155 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 156 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 157 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 158 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 159 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 160 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 161 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 162 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 163 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 164 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 165 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 166 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 167 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 168 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 169 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 170 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 171 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 172 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 173 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 174 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 175 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 176 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.a Packet Pg. 177 Attachment: LETF Agenda Request Dec 4 2012.pdf (1221 : LETF Disbursement Request)  6.6.1.b Packet Pg. 178 Attachment: LETF Joint Operating Procdures.pdf (1221 : LETF Disbursement Request)  6.6.1.b Packet Pg. 179 Attachment: LETF Joint Operating Procdures.pdf (1221 : LETF Disbursement Request)  6.7.a BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Greg Donovan SUBJECT: Destin Tower FDOT JPA DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The BCC is requested to approve amendment of an existing grant from the Florida Department of Transportation (FDOT) changing the project description to reflect funding support for conducting an Environmental Assessment at the Destin Airport (DTS) for anticipated construction of an Air Traffic Control Tower (ATCT). BACKGROUND: Permission to amend a Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT), Contract AQJ 14 is being sought so that previously designated grant funds can be applied towards the expense of conducting an Environmental Assessment for a future Air Traffic Control Tower (ATCT) at Destin Airport. Goals of the original project have been accomplished and allow the stated amount of $215,182.00 to be reallocated. With amendment approval, this amount will be matched by an equal amount from airport Passenger Facility Charge (PFC) funds. The BCC approved Task Order Number 8 with RS&H on October 16, 2012 to begin the Environmental Assessment. OPTIONS: Approve, Reject or Table RECOMMENDATIONS: Approve the amendment; authorize the Chairman to execute the agreement and the attached Signature Resolution. RECOMMENDED BY: Packet Pg. 180  6.7.a APPROVED BY: James D. Curry, County Administrator Packet Pg. 181  6.7.a.a Packet Pg. 182 Attachment: SJPA Destin Tower Env Assess (1175 : Destin Tower FDOT JPA)  6.7.a.a Packet Pg. 183 Attachment: SJPA Destin Tower Env Assess (1175 : Destin Tower FDOT JPA)  6.7.a.a Packet Pg. 184 Attachment: SJPA Destin Tower Env Assess (1175 : Destin Tower FDOT JPA)  6.7.a.a Packet Pg. 185 Attachment: SJPA Destin Tower Env Assess (1175 : Destin Tower FDOT JPA)  6.7.a.b No. ___________ RESOLUTION BE IT RESOLVED by the BOARD OF COUNTY COMMISSIONERS, OKALOOSA COUNTY, FLORIDA, that Don R. Amunds, Chairman of the Board of County Commissioners, Attachment: Destin TowerJPA Signature Resolution (1175 : Destin Tower FDOT JPA) Okaloosa County, Florida, be authorized to execute the following JOINT PARTICIPATION AGREEMENT on behalf of Okaloosa County to provide for the following project: Construct Air Traffic Control Tower, Construct Roadway & Construct Site Utilities at Destin Airport Fin Proj # 42390629401 DULY PASSED AND ADOPTED THIS __4th___DAY OF __December, 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Don R. Amunds CHAIRMAN ATTESTS: CLERK OF CIRCUIT COURT OKALOOSA COUNTY, FLORIDA GARY J. STANFORD DEPUTY CLERK Packet Pg. 186  6.7.b BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Greg Donovan SUBJECT: FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The BCC is requested to accept a grant from the Florida Department of Transportation (FDOT) for future construction of an Air Traffic Control Tower (ATCT) at Destin Airport. The project would include the structure, access road and utilities. BACKGROUND: FDOT is offering a $1 million grant to be utilized toward the future construction of an Air Traffic Control Tower (ATCT) at Destin Airport (DTS). Currently, the project cost is estimated at $4 million and depending upon an on-going Environmental Assessment (EA) and design requirements, construction could take place in early FY14. This FDOT grant provides partial funding for the project. The recommended funding strategy is to utilize Federal Aviation Administration (FAA) entitlement grants from Northwest Florida Regional Airport (VPS) for the remaining $2 million, and Passenger Facility Charge (PFC) participation for $1 million with signatory airline approval. OPTIONS: Approve, Reject or Table RECOMMENDATIONS: Approve the attached Joint Participation Agreement (JPA) and authorize the Chairman’s signature by the attached Signature Resolution. Provide concurrence with project funding strategy and authorize airport director to seek signatory airline approval. RECOMMENDED BY: Packet Pg. 187  6.7.b APPROVED BY: James D. Curry, County Administrator Packet Pg. 188  6.7.b.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-06 PUBLIC TRANSPORTATION PUBLIC TRANSPORTATION 06/11 JOINT PARTICIPATION AGREEMENT Page 1 of 14 Financial Project Number(s): Fund: 010 FLAIR Category.: 088719 (item-segment-phase-seq uence) 42390629401 Function: 637 Object Code: 750004 Federal Number: Org. Code: 55032020329 Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) Contract Number: DUNS Number: 613277649 Vendor No.: F596000765015 CFDA Number: CSFA Number: 55004 THIS AGREEMENT, made and entered into this day of ---- by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Okaloosa County BOCC -----~-------------------------- 302 North Wilson Street, Crestview, FL 32536 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before June 30, 2015 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6) Florida Statutes, to enter into this Agreement. 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 for Construct Air Traffic Control Tower, Construct Roadway & Construct Site Utilities at Destin-Ft Walton Beach Airport and as further described in Exhibit(s) A,B,C,D&Att 1 attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Packet Pg. 189  6.7.b.a 725-030-06 PUBLIC TRANSPORTATION 06111 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 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 Agency 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 Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds ofthe Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "e" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 1250000.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department PartiCipation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 1000000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the adopted work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, speCifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding 0 is [8\ is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of partiCipation as shown in paragraph 4.00. 5.00 Retainage: Retainage 0 is [8\ is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. Packet Pg. 190  6.7.b.a 725-03Q.Q6 PUBLIC TRANSPORTATION 06/11 Page 3 of 14 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, 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. No budget increase or decrease shall Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency 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 payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency 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 Department, 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 Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency 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 Agency 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. and, to the extent feasible. kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections. reviews. investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. Packet Pg. 191  6.7.b.a 725-030-06 PUBLIC TRANSPORTATION 06/11 Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FOOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 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 "0" 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 Department. 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 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. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFOA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 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 "0" to this agreement indicates state financial assistance awarded through the Department 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 Department, 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. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 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 the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the reCipient's resources obtained from nonstate 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. Packet Pg. 192  6.7.b.a 725-030-06 PUBLIC TRANSPORTATION 06/11 Page 5 of 14 Part III Other Audit Requirements 1. The Agency 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. Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) 2. 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 Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department 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. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMS Circular A-133, as revised, and required by Section 7.62 Part I of this agreement shall be submitted, when required by Section .320 (d), OMS Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Modal Programs Office P.O. Box 607, 1074 Hwy 90 East Chipley, FL 32428 S. The number of copies required by Sections .320 (d)(1) and (2), OMS Circular A-133, submitted to the following address: Federal Audit Clearinghouse Sureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7.62 Part I of this Agreement and conducted in accordance with OMS Circular A-133 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMS Circular A-133, 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: Modal Programs Office P.O. Box 607,1074 Hwy 90 East Chipley, FL 32428 In addition, pursuant to Section .320 (f), OMS Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMS Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: Modal Programs Office P.O. Box 607,1074 Hwy 90 East Chipley. FL 32428 Packet Pg. 193  6.7.b.a 725-030-06 PUBLIC TRANSPORTATION 06111 Page 601 14 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) Modal Programs Office P.O. Box 607, 1074 Hwy 90 East Chipley, FL 32428 B. The Auditor General's Office at the following address: 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 Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Modal Programs Office P.O. Box 607,1074 Hwy 90 East Chipley, FL 32428 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. ReCipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations). Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee. the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the 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 Department. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Participant's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project. and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. Packet Pg. 194  6.7.b.a 725-030-06 PUBLIC TRANSPORTATION 06/11 Page 7 of 14 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Three Public Transportation Office 1074 Hwy 90 East, Chipley, FL , FL, 32428 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F .5. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." Packet Pg. 195  6.7.b.a 725-()~ PUBLIC TRANSPORTATION 06/11 Page 8 of 14 8.30 Disallowed Costs: In determining the amount of the payment, prior to receipt of annual notification of funds availability, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) and costs invoiced prior to receipt of annual notification of fund availability. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within Sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or. before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive. or for any other reason. the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal. the Department will, by written notice to the Agency, 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 Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency 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 Department such portion of the financing and any advance payment previously received as is determined by the Department 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 Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan. and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents. papers, letters, or other material subject to the provisions of Chapter 119. F .S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project. and after payment. provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department'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. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23. The Department speCifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. Packet Pg. 196  6.7.b.a 725-030-06 PUBLIC TRANSPORTATION 06/11 Page 901 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy 12.31 DBE Policy: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matterfor enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.) 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, 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 payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for 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. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII- Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. Packet Pg. 197  6.7.b.a n::Hl3().()6 PUBLIC TRANSPORTATION 06111 Page 10 of 14 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, 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 or Commission: By execution of the Agreement the Agency 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 application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. Packet Pg. 198  6.7.b.a 72!Hl30'{)6 PUBLIC TRANSPORTATION 06/11 Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or eqUipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act. error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and speCifications covering the project. The Department will review all plans and speCifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and speCifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 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. Packet Pg. 199  6.7.b.a 725-030-06 PUBLIC TRANSPORTATION 06111 Page 12 of 14 17.20 Multi-Year Commitment: 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 Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) 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 is null and void, and no money may be paid on such Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) 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 1 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 succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before June 30, 2015 . If the Agency does not complete the project within this time period, this Agreement Will expire unless an extension of the time period is requested by the Agency and granted in writing by the District 3, Director of Production . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. 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 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint PartiCipation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. Packet Pg. 200  6.7.b.a 725-030-06 PUBLIC TRANSPORTATION 06/11 Page 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency 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 Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516. 23.00 Public Entity Crime: 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 bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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 s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids 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. 25.00 E-Verify Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Packet Pg. 201  6.7.b.a 725-030-06 PUBLIC TRANSPORTATION 06111 Page 14 of 14 Financial Project No( s). 42390629401 ---------------------- Contract No. Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FOOT Okaloosa County SOCC See attached Encumbrance Form for date of Funding AGENCY NAME Approval by Comptroller LEGAL REVIEW SIGNATORY (PRINTED OR TYPED) DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION TITLE TITLE Packet Pg. 202  6.7.b.a FINANCIAL PROJECT # 42390629401 EXHIBIT"A" Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit fonns an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Okaloosa County Board of County Commissioners referenced by the above Financial Project Number. PROJECT LOCATION: Destin-Ft Walton Beach Airport (DTS) PROJECT DESCRIPTION, SCOPE OF WORK: Construct Air Traffic Control Tower, Construct Roadway & Construct Site Utilities. Pursuant to FAA Orders 1050.1E, Environmental Impacts: Policies and Procedures and 5050.4B and NEPA Implementing Instructions for Airport Actions, an EA detennination is required prior to FAA appropriating AlP funds for the DTS ATCT project. Further, design and pennit phase services for an access road, parking lot, security fence, gate modifications, and utility improvements to accommodate the future Air Traffic Control Tower (ATCT) at the Destin-Fort Walton Beach Airport. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: Effective July 1, 2010, Section 215.971, Florida Statutes (F.S.) now requires all new Joint PartiCipation Agreement (JPA) the Department executes to clearly document contract deliverables and establish minimum level of services. The JPA scope of services will be required to clearly divide project tasks into quantifiable, measurable, and verifiable units of deliverables that must be received and accepted by the Department, in writing, prior to payment for services. Each deliverable must specify the required level of service to be performed and the Department's criteria for evaluating successful completion. Once the following items have been submitted to and approved in writing by the Department they will be added to this JPA under Exhibit "A" to meet the deliverable requirements under Section 215.971 F.S.: Scope of Services Packet Pg. 203  6.7.b.a Design Phase 1. A signed copy of the approved scope of services and schedule of values that are incorporated into an agreement between the Agency and Its third­ party consultant. The scope of services must include or incorporate by Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) reference a schedule of values that will be used to approve and make payments to the third-party consultant. The scope of services and included schedule of values must be approved in writing by the Department before the Agency enters into an agreement with its third-party consultant. The schedule of values shall be a complete and detailed itemization describing each subcategory of work and related pay items and their associated total value, quantity, unit of measurement and unit price/cost. The consultant should invoice the Agency on a regular basis using the approved schedule of values and one of the following methods: a. Percentage Completed. For this method the consultant's invoice should list a detail description of each task in the approved scope of services and schedule of values, the dollar value amount for the item, the percentage competed for the item, and the dollar value for the percentage completed. b. Completed Tasks. For this method the consultant's invoice should list a detail description of each task in the approved scope of services and schedule of values, the dollar value amount for each item, indicate which task have been completed, and the dollar value for each task completed. 2. The Agency shall sign each invoice submitted to the Department and certify thereon that the Agency has verified that the percentages of and/or task completions are correct and that the amounts indicated on the invoice are correct. 3. Any change(s) to the approved scope of services or schedule of values will require a change order approved by the Department, and signed by the Agency and the third-party consultant. Invoices Incorporating unapproved changes cannot be submitted by the Agency or paid by the Department. Construction Phase 4. A signed copy of the approved scope of services and schedule of values that are incorporated into an agreement between the Agency and its construction contractor. The scope of services must include or incorporate by reference a schedule of values that will be used to approve and make payments to the contractor. The scope of services and included schedule of values must be approved in writing by the Department before the Agency enters into an agreement with its contractor. The schedule of values shall Packet Pg. 204  6.7.b.a be a complete and detailed itemization describing each subcategory of work and related pay items and their associated total value, quantity, unit of measurement and unit price/cost. The contractor should invoice the Agency on a regular basis using the approved schedule of values and one of Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) the following methods: a. Percentage Completed. For this method the contractor's invoice should list a detail description of each task in the approved scope of services and schedule of values, the dollar value amount for the item, the percentage competed for the item, and the dollar value for the percentage completed. b. Completed Tasks. For this method the contractor's invoice should list a detail description of each task in the approved scope of services and schedule of values, the dollar value amount for each item, indicate which task have been completed, and the dollar value for each task completed. 5. The contractor should submit their pay request to the Agency's project inspector for approval using the standard It Application and Certificate for Payment" form. The Agency's project inspector will review and approve the contractor's pay request certifying the percentage of completion and/or quantities are correct. 6. The Agency shall sign each invoice submitted to the Department and certify thereon that the Agency has verified that the percentages of and/or task completions are correct and that the amounts indicated on the invoice are correct. 7. Any change(s} to the approved scope of services or schedule of values will require a change order approved by the Department, and signed by the Agency and the contractor. Invoices incorporating unapproved changes cannot be submitted by the Agency or paid by the Department. Packet Pg. 205  6.7.b.a FINANCIAL PROJECT NO. 42390629401 Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) EXHIBIT "B" PROJECT BUDGET This exhibit fonns an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Okaloosa County Board of County Commissioners referenced by the above Financial Project Number. I. ESTIMATED PROJECT COST: $1,250,000.00 TOTAL ESTIMATED PROJECT COST: $1,250,000.00 II. PARTICIPATION: Maximum Federal Participation FAA-Funding Direct to Agency $0.00 Agency Participation Cash $250,000.00 Maximum Department Participation, Primary (DS)(DDR)(DPTO)(GMR) $1,000,000.00 TOTAL ESTIMATED PROJECT COST $1,250,000.00 Packet Pg. 206  6.7.b.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 AVIATION EXHIBIT "C" OGC-03l09 Page 1 of9 AVIATION PROGRAM ASSURANCES FINANCIAL PROJECT NO.: ,;;:::42::.::3;.:.90.:.::6=2=94~O:..:.1_ _ _ __ EFFECTIVE DATE: _ _ _ _ _ _ _ _ _ __ A. General Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) 1. The assurances herein shall form an integral part of the Joint Participation Agreement (Agreement) between the State of Florida, Department of Transportation (Department) and the airport sponsor, whether county or municipal government body or special district, such as an Airport Authority (herein, collectively referred to as "Agency"). 2. These assurances delineate the obligations of the parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit A, "Project Description and responsibilities" and Exhibit B, "Project Buqget", as well as serving to protect public investment in public-use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration on the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by the State of Florida. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms of the Agreement and/or these assurances. 8. An Agency that has been determined by the Department to have failed to comply with the terms of the Agreement and/or these assurances shall be notified, in writing, by the Department, identifying the specifics of the non­ compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued financial commitment to this project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this project. 10. Any history of failure to comply with the terms of an Agreement and/or assurances will jeopardize the Agency's eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification 1. General Certification: The Agency hereby certifies, with respect to this project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and local government, as well as Department policies, guidelines, and requirements, including but not limited to the following: a. Florida Statutes (F.S.) • Chapter 163, F.S., Local Government Comprehensive Planning and Land Development • Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens • Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports • Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce • Chapter 332, F.S., Airports and Other Air Navigation Facilities • Chapter 333, F.S., Airport Zoning b. Florida Administrative Code (FAC) • Chapter 9J-S, FAC, Review of Comprehensive Plans and Determination of Compliance • Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection • Section 62-2S6.300{S) FAC, Open Burning, Prohibitions, Public Airports Packet Pg. 207  6.7.b.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725'{)40-15 EXHIBIT "e" AVIATION OGC -03109 Page 2 of 9 AVIATION PROGRAM ASSURANCES • Section 62-701.320(13), FAC, Solid Waste Management, Permitting, Airport Safety c. Local Government Requirements • Airport Zoning Ordinance Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) • Local Comprehensive Plan d. Department Requirements • Eight Steps to Building a New Airport • Florida Airport Financial Resource Guide • Florida Aviation Project Handbook • Guidebook for Airport Master Planning • Guidelines for Plan Development 2. Construction Certification: The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not limited to the following: a. Federal Requirements • FAA AC 7017460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design b. Local Government Requirements • Local Building Codes • Local Zoning Codes c. Department Requirements • Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the "Florida Green Book") • Manual on Uniform Traffic Control Devices • Section 14-60.007, Florida Administrative Code, "Airfield Standards for Licensed Airports" • Standard SpeCifications for Construction of General Aviation Airports 3. Land Acquisition Certification: The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 • National Environmental Policy of 1969 • FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order 5100.378, Land AcqUisition and Relocation Assistance for Airport Projects b. Florida Requirements • Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) • Section 286.23, F.S., Public Business: Miscellaneous Provisions C. Agency Authority Packet Pg. 208  6.7.b.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 AVIATION EXHIBIT "C" OGe- 03/09 Page 3 of9 AVIATION PROGRAM ASSURANCES 1. Legal Authority: The Agency hereby certifies, with respect to this project Agreement, that it has the legal authority to enter into this Agreement and commit to this project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor's governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority: The Agency hereby certifies, with respect to this project Agreement, that it has sufficient funds available for that portion of the project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this project. D. Agency Responsibilities The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. c. The Department has the right to audit and inspect all financial records of the airport upon reasonable notice. 2. Good Title a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers a. The Agency will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, it will act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation a. For airport hazards located on airport controlled property, the Agency will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency will work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., "Airport Zoning", or if not in place, that it will take appropriate action necessary to ensure local government Packet Pg. 209  6.7.b.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040·15 AVIATION EXHIBIT "C" OGC·03109 Page 4 019 AVIATION PROGRAM ASSURANCES adoption of an airport zoning ordinance or interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F .S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans a. The Agency assures the project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the project. c. The Agency will consider and take appropriate actions, if deemed warranted, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan a. The Agency assures that any project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Master Plan. b. The Agency assures that this project, covered by the terms and assurances of this Agreement, is consistent with the current, approved Airport Layout Plan (ALP), which shows: (1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) The location of all existing and proposed non-aviation areas on airport property and of all existing improvements thereon. c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment. revision, or modification thereof, shall be subject to the approval of the Department. 8. Airport Financial Plan a. The Agency assures that it will develop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. (1) The financial plan shall be a part of the Airport Master Plan. (2) The financial plan shall realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA's priority system. (3) The financial plan shall not include Department funding for projects which are inconsistent with the local government comprehensive plan. b. All project cost estimates contained in the financial plan shall be entered into and kept current in the Joint Automated Capital Improvement Program (JACIP) online website. 9. Airport Revenue The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the Packet Pg. 210  6.7.b.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 AVIATION EXHIBIT "C" OGC-03l09 Page 50f9 AVIATION PROGRAM ASSURANCES owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the fair market value. c. The Agency assures that property or facility leases for aeronautical purposes shall not exceed a period of 30 years. 11. Public-Private Partnership for Aeronautical Uses a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. Duration of the terms or conditions in Section 011 a shall not exceed a period of 30 years. 12. Economic Nondiscrimination a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. (1) The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. (2) The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards The Agency assures that in projects involving airport location, major runway extension, or runway location that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public­ use airport. (1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. (2) Except in emergency situations, any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. (3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility Packet Pg. 211  6.7.b.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725410·15 AVIATION EXHIBIT "C" OGC·03109 Page 6 019 AVIATION PROGRAM ASSURANCES a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. Ineligibility for federal funding of airport projects will render the Agency ineligible for state funding of airport projects. Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) 16. Project Implementation a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this airport project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair" or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests The agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non airport, without prior written approval by the Department. These assurances shall not limit the Agency's right to lease airport property for airport-compatible purposes. 20. Consultant, Contractor, Scope, and Costs a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed project scope and cost of professional services. 21. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such material available for public review, unless exempt from public disclosure. (1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071 (3) and 331.22 Florida Statutes. (2) No material prepared under this Agreement shall be subject to copyright in the United States or any other country. Packet Pg. 212  6.7.b.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-1)40-15 AVIATION EXHIBIT "C" OGG -03/09 Page 7 019 AVIATION PROGRAM ASSURANCES d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) airport and the Agency will comply with the Department airport master planning guidebook, including: (1) Provide copies, in electronic and editable format, of final project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. (2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall realistically assess project phasing considering availability of state and local funding and federal funding under the FAA's priority system. (3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program (JACIP). f. The Agency understands and agrees that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. h. The Department may extend the 5-day requirement for the approval and inspection of goods and services to allow for adequate time for review (reference Section 215.422(1), F.S.). 22. Land Acquisition Projects If this project involves the purchase of real property, the Agency assures that it will: a. Laws: Acquire the land in accordance with federal and state laws governing such action. b. Administration: Maintain direct control of project administration, including: (1) Maintain responsibility for all related contract letting and administrative procedures. (2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. (3) Ensure a qualified, State certified general appraiser provides all necessary services and documentation. (4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. (5) Establish a project account for the purchase of the land. (6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds: If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, Florida Statutes, the Agency will comply with the following requirements: (1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. (2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, Florida Statutes. (3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, Florida Statutes. (4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. Packet Pg. 213  6.7.b.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725'{)40-15 AVIATION EXHIBIT "C" OGe -03109 Page 8 019 AVIATION PROGRAM ASSURANCES d. New Airport: If this project involves the purchase of real property for the development of a new airport, the Agency assures that it will: (1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) (2) Complete an Airport Master Plan within two years of land purchase. (3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land: The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land: For disposal of real property purchased in accordance with the terms and assurances of this Agreement, the Agency assures that it will comply with the following: (1) For land purchased for airport development or noise compatibility purposes, the Agency will, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state's proportionate share of its fair market value. (2) Land shall be considered to be needed for airport purposes under this assurance if: (a) It serves aeronautical purposes, e.g. runway protection zone or as a noise buffer. (b) Revenue from uses of such land contributes to airport financial self-sufficiency. (3) Disposition of land under Section 22f(1) or (2), above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. (4) For disposal of real property purchased with Department funding: (a) The Agency will reimburse the Department a proportional amount of the proceeds of the sale of any airport-owned real property. (b) The proportional amount shall be determined on the basis of the ratio of the Department financing of the acquisition of the real property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. (c) Sale of real property acquired with Department funds shall be at fair market value as determined by appraisal, and the contract for sale must be approved in advance by the Department. (d) If any portion of the proceeds from the sale to the Agency is non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. 23. Construction Projects: The Agency assures that it will: a. Project Certifications: Certify project compliances, including (1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. (2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public-use airport. (3) Completed construction complies with all applicable local building codes. (4) Completed construction complies with the project plans and specifications with certification of that fact by the project Engineer. b. Design Development: For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Agency will certify that: (1) The plans shall be developed in accordance with sound engineering and design prinCiples, and with generally accepted professional standards. Packet Pg. 214  6.7.b.a STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-040-15 AVIATION EXHIBIT "C" OGe -03/09 Page 9 019 AVIATION PROGRAM ASSURANCES (2) The plans shall be consistent with the intent of the project as defined in Exhibit A and Exhibit 8 of this Agreement. (3) The project Engineer shall perform a review of the certification requirements listed in Section 82 above and make a determination as to their applicability to this project. Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) (4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval: The Agency assures that: (1) The Agency will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. (2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. (3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to Department standards. d. Pavement Preventive Maintenance: The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. 24. Noise Mitigation Projects: The Agency assures that it will: a. Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. (1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. (2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non­ compliance with the terms of the agreement. b. Private Agreements: For noise compatibility projects on privately owned property, (1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. (2) The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. Packet Pg. 215  6.7.b.a 725-030-06 EXHIBIT D PUBLIC TRANSPORTATION 04106 FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) • (See Attachment 1) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount N/A Compliance Requirements 1. 2. 3. STATE RESOURCES State Aqency Cataloq of State Financial Assistance (Number & Title) Amount FDOT 55004 AVIATION $1,000,000.00 Compliance Requirements 1. See Attachment 1 2. 3. Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount N/A Compliance Requirements 1. 2. 3. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Packet Pg. 216  6.7.b.a ATIACHMENT 1 Attachment: Joint Participation Agreement - Destin Control Tower 423906-2 (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) Sections 332.006 and 332.007, Florida Statutes. Objectives: To provide funding for airport planning, airport improvement, land acquisition, and airport economic development. Types Of Assistance: Direct Appropriations Grants Loans Applicant Type: local Government "Restrictions: For airport planning and Improvement grants, the Department may provide up to 50 percent of the project funds for commercial service airports, and up to 80 percent for general aviation airports, if federal funding is not available. The Department may provide up to 50 percent of airport development funds to build on-airport revenue-producing capital improvements at general aviation airports. The Department may also provide interest-free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. These loans are to be repaid to the normal Florida airport improvement program funding ratio when federal funds become available or In 10 years, whichever comes first. Procedures: Pre-Application Notice: N/A Application Procedures: Prospective applicants may obtain detailed information from their Department of Transportation District Office or from the INFORMATION CONTACT listed below. Applicants are to submit project information and requests to their District in order for the Department to determine project eligibility and availability of funding. Award Procedures: Prior to the release of funds, a written grant agreement between the Department and the airport specifying the objectives and requirements of the project is executed. Deadlines: Prospective applicants should contact their Department of Transportation District Office or the INFORMATION CONTACT listed below for detailed information on application deadlines. other: N/A Infonnatlon Contact: Department of Transportation Aviation Office, 605 Suwannee Street Mail Station 46, Tallahassee, Fl 32399-0450 Phone: (850) 414-4500 SUNCOM: 994-4500 Web Address: http://www.dot.state.fl.us/Aviation/ Packet Pg. 217  6.7.b.b No. ___________ Attachment: Destin TowerJPA Signature Resolution (1176 : FDOT Grant Acceptance for Air Traffic Control Tower at Destin Airport) RESOLUTION BE IT RESOLVED by the BOARD OF COUNTY COMMISSIONERS, OKALOOSA COUNTY, FLORIDA, that Don R. Amunds, Chairman of the Board of County Commissioners, Okaloosa County, Florida, be authorized to execute the following JOINT PARTICIPATION AGREEMENT on behalf of Okaloosa County to provide for the following project: Construct Air Traffic Control Tower, Construct Roadway & Construct Site Utilities at Destin Airport Fin Proj # 42390629401 DULY PASSED AND ADOPTED THIS __4th___DAY OF __December, 2012. BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA Don R. Amunds CHAIRMAN ATTESTS: CLERK OF CIRCUIT COURT OKALOOSA COUNTY, FLORIDA GARY J. STANFORD DEPUTY CLERK Packet Pg. 218  6.7.c BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Greg Donovan SUBJECT: Approval of Media Buying and Advertising Services Contract DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: On August 21, 2012, the BCC authorized the county’s Purchasing Department to develop a Request for Qualifications (RFQ) and establish an evaluation committee to review submittals for media buying and advertising services for the Airports Department. The RFQ was issued, proposals were received, and the evaluation committee has completed its review. In accordance with purchasing policies and guidelines, the committee has prepared a recommendation of the top ranked firm, Romjue Advertising & Company, for BCC consideration and approval of a three year contract. BACKGROUND: The BCC authorized a Request for Qualifications (RFQ) at its August 21, 2012 meeting and appointed a five member evaluation committee to review submittals. The evaluation committee was tasked with determining a recommendation for providing media buying, marketing, and advertising services for the Airports Department. The committee consisted of Purchasing Director Richard Brannon, Airports Director Greg Donovan, Deputy Airports Director Mike Stenson, Emerald Coast Aviation President Jonathan Dunn and US Airways General Manager Ed Brinson. Following a thorough review of all proposals the committee unanimously selected Romjue Advertising & Company to provide services for the Airports Department. The proposed three (3) year contract with Romjue Advertising & Company is attached. The proposed contract has been reviewed by Purchasing, Legal, Contract Legal, and Risk Management Departments and includes a “without cause” termination provision with a written sixty (60) day notice by either party and a renewal option. Cost for the service is established at a fifteen percent (15%) commission or $75.00 per hour for non-commissioned services. This action also includes final payment for services incurred under the previous contract in the amount of $41,616.40. The Airports Department has established a $458,500.00 advertising and marketing budget for FY12-13 in order to promote its brand (FLYVPS.COM), support scheduled air service and advertise other commercial products from Northwest Florida Regional Airport (VPS). Promotion of industrial applications and general aviation services at the Bob Sikes Airport (CEW) and Destin Airport (DTS) are also included in the department’s budget. The funding source for all advertising and marketing expenses comes entirely from airport leases, commissions, and fees. The Airports Department is wholly reliant on airport generated revenues, financially self-sufficient, and does not receive ad valorem or general sales taxes. Packet Pg. 219  6.7.c OPTIONS: Approve, Reject, or Table RECOMMENDATIONS: Approve evaluation committee recommendation, award three (3) year contract to Romjue Advertising & Company, authorize final payment under previous contract in the amount of $41,616.40. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 220  6.7.c.a Packet Pg. 221 Attachment: Romjue Coordination Sheet and Contract (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.a Packet Pg. 222 Attachment: Romjue Coordination Sheet and Contract (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.a Packet Pg. 223 Attachment: Romjue Coordination Sheet and Contract (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.a Packet Pg. 224 Attachment: Romjue Coordination Sheet and Contract (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.a Packet Pg. 225 Attachment: Romjue Coordination Sheet and Contract (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.a Packet Pg. 226 Attachment: Romjue Coordination Sheet and Contract (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.a Packet Pg. 227 Attachment: Romjue Coordination Sheet and Contract (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.a Packet Pg. 228 Attachment: Romjue Coordination Sheet and Contract (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.a Packet Pg. 229 Attachment: Romjue Coordination Sheet and Contract (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.a Packet Pg. 230 Attachment: Romjue Coordination Sheet and Contract (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.a Packet Pg. 231 Attachment: Romjue Coordination Sheet and Contract (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.a Packet Pg. 232 Attachment: Romjue Coordination Sheet and Contract (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.a Packet Pg. 233 Attachment: Romjue Coordination Sheet and Contract (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.a Packet Pg. 234 Attachment: Romjue Coordination Sheet and Contract (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 235 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 236 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 237 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 238 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 239 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 240 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 241 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 242 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 243 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 244 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 245 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 246 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 247 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 248 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 249 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 250 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 251 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 252 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 253 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 254 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 255 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 256 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 257 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 258 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 259 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 260 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 261 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 262 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 263 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 264 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 265 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 266 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 267 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 268 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 269 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 270 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 271 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 272 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 273 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 274 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 275 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 276 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 277 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 278 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 279 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 280 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 281 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 282 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 283 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 284 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 285 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 286 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 287 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 288 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 289 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 290 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 291 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 292 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 293 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 294 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 295 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 296 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 297 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 298 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 299 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.b Packet Pg. 300 Attachment: Romjue Oct-Nov Advertising Invoice & Contract Payment form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.c.c Packet Pg. 301 Attachment: Romjue Contract Close out form (1107 : Approval of Media Buying and Advertising Services Contract)  6.7.d BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Greg Donovan SUBJECT: Airport Police Accreditation and Reserve Officer Program DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The Airports Department is seeking BCC concurrence with admission of the airport police division into the state accreditation program and for the department to establish a reserve airport police officer program. BACKGROUND: Establishment of the airport police division for Okaloosa County's three airports occurred seven months ago. During this period, Standard Operating Procedures, policies and law enforcement specific protocols have been established. Procedural structure has been applied to "real world" emergencies that have entailed medical situations, criminal activities requiring arrest, investigations, and other public safety responsibilities. In an effort to continue professional development, further proficiency levels, and formalize best practices learned from other law enforcement agencies, airport staff is requesting permission to enter into the state accreditation program, specifically through the Commission for Florida Accreditation (CFA). The goal is to obtain this designation within one year. The program would require hiring a temporary full-time employee to serve as accreditation manager. The cost is expected to be +/- $40,000.00 and would be funded by the airport's operational budget. The BCC is also asked to approve the establishment of a reserve airport police officer program. With coordination from HR, a total of ten sworn law enforcement officers would be recruited, trained, and would serve as a scheduling back-up for full-time personnel. This personnel augmentation would be utilized during emergencies, weather events, and for schedule coverage during training. Initial training and equipment expenses would be between $1,500 to $2,500 per reserve officer. The standard hourly rate of an airport police officer of $14.13 per hour would be applicable when a reserve officer is on-duty. Attached are white papers on both initiatives. Packet Pg. 302  6.7.d OPTIONS: Approve, reject, table. RECOMMENDATIONS: Airport staff recommends approval to enter into the CFA program and authorization to establish a reserve airport police officer program. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 303  6.7.d.a Law enforcement agencies in the United States have long sought two things; a public perception that reflects their straightforward and honest approach to service, and the recognition of professionalism. This widespread desire inspired the establishment of a system in which a superior set of standards could measure law enforcement agencies in the United States, thus was the origination of the State (and nation) wide Law Enforcement Accreditation. The Commission for Florida Accreditation is a state-wide version of the national CALEA standard. Accreditation, a highly admirable title, is also an ongoing process whereby an Attachment: CFA request (1217 : Airport Police Accreditation and Reserve Officer Program) independent, authoritative body evaluates the policies and procedures of an accreditation- aspiring agency against the established criteria. The criteria, or standards, are policy development guidelines that hold the accredited agency at the highest level of execution and compliance for every facet within the unit. It’s a process which requires each sworn officer, and the individual whom is deemed the Accreditation Manager to submit full participation and determination well beyond the preparation period. The ultimate indicator of compliance is determined through an on-site evaluation by trained, independent inspectors via the Commission. Once approved, the agency’s State accreditation is valid for a three (3) year period, at which point a reaccreditation inspection may be performed. Throughout the three (3) year period it’s crucial that continually changing policies be updated and closely maintained, as not to avert from compliance standards. Statistically, most law enforcement agencies in the United States are small. According to the most recent Census conducted by the Bureau of Justice Statistics (BJS), 50% of the 17,876 state and local law enforcement agencies in the country have 0-9 full-time sworn personnel, while 74% have 24 or fewer full-time sworn officers. Unfortunately, the vast majority of these agencies can boast neither the accreditation title, nor the dependable level of service that’s guaranteed to come with it. Aside from statistical data, Florida proves an ideal venue for small agencies to pursue such standards for political reasons as well. The local atmosphere is conducive to the acquisition of State accreditation due to the grass-roots manner in which the CFA was conceived. Both the Florida Sheriffs’ Association and the Florida Police Chiefs’ Association were involved in the early development of this venture, which undoubtedly supports its authenticity. The governmental support of its very foundation certainly lends to public trust, and more importantly; credibility. Benefits including, but not limited to; • Controlled liability insurance costs. State accredited departments can obtain and increase insurance more easily with lower premiums. • Support from government officials who gain confidence in the agency through their commitment to operating efficiently, as well as their public perception of doing so. • Fewer legal matters, as well as maximum defense against those brought on the agency. With iron clad policies married with well-trained employees, said agency is better Packet Pg. 304  6.7.d.a equipped to follow a clear path of protocol, in turn leaving no room for error upon being questioned. • More government opportunities. Accreditation opens a plethora of new grant opportunities, otherwise unavailable. This additional funding can provide the agency with the most the most current technological advances in the law enforcement realm thus gaining a higher level of preparedness. • Stricter accountability within the agency. The accreditation process provides for written directives, clearly defined lines of authority, and routine reports that support specific Attachment: CFA request (1217 : Airport Police Accreditation and Reserve Officer Program) protocol and resource allocation. This conduit of resources influences higher employee performance, and when lacking; the guarantee of precisely appropriate reprimands. • The assurance of a highly credible and motivated police department will win support from local businesses and the community who rely on them. It provides them with more confidence in the agency’s willingness to meet their needs, and their ability to do so. These are but a few of many reasons the Okaloosa County Airports Police has chosen to seek approval to pursue accreditation, and with successful completion of the accreditation program Okaloosa Airports would be Florida’s first CFA airport law enforcement agency. There are other larger Florida airports that are nationally accredited through CALEA. Currently there are two CFA accredited law enforcement agencies in Okaloosa County; Okaloosa County Sheriff’s Office and Fort Walton Beach Police Department. We propose that our County’s airports police department become the next accredited law enforcement agency within the next year. Once accredited, our department will implement a host of operational standards considered the current “best practices” in the industry. By doing so, we will be enabled to combat crime more effectively, deliver services more efficiently, boost public support, and enhance cooperation with other organizations in the criminal justice system. The accreditation guidelines pinpoint much of the procedural implementation difficulties as those in which the agency is required to reconstruct building specifications and/or equipment requirements. With a dedicated new public safety facility still in the pre-construction phases, the option to pursue accreditation alongside its formation poses a unique situation which presents us with an ideal opportunity to achieve accreditation, and construct out facility via the most efficient route. Having the advantage to erect our station in accordance with State standards will allow us to preserve much needed time and finances in the beginning phases of our establishment. In accordance with the Florida State Law Enforcement Accreditation standards, the birth of accreditation begins with executive level approval, at which point the meticulous task of its development can begin. As with any commendable achievement, this will involve a significant amount of time and resources. The initial process will chiefly require manpower, as the primary focus of the initial process is to appoint an Accreditation Manager(s). Standards clearly state that this must be a full-time position to have a truly comprehensive approach to the process. Not only will this person need to write, edit, and maintain policies, conduct staff inspections, perform Packet Pg. 305  6.7.d.a general and specialized audits, but also ensure the sworn officers and rest of the agency are prepared and willing to cooperate with the detailed changes made within the unit. All of these activities ensure that the department meets, and continues to comply with some of 263 State standards set forth by the Commission for Florida Law Enforcement Accreditation (CFA). The achievement of accreditation in an 8-10 month time frame is not possible without the full-time focus of an Accreditation Manager. Attachment: CFA request (1217 : Airport Police Accreditation and Reserve Officer Program) The necessary financial investments are as follows (for a department of 10-24 sworn officials); • A non-refundable $500 application fee • $300 annual charge for The Accreditation Manager© software • All travel expenses and accommodations for 3 assessors’ (3 day) on-site mock evaluation with an approximate total of $4,500 • All travel expenses and accommodations for 3 assessors’ (3 day) on-site evaluation with an approximate total of $4,500 • Salary expenses for the Accreditation Manager with an approximate total of $21,600 • Training and travel expenses for periodic Accreditation Management conferences/trainings with an approximate total of $5,000 • Miscellaneous office supplies with an approximate total of $500 The comprehensive expense estimated liberally totals $35,000-$40,000 for the project. The previously mentioned benefits largely outweigh the upfront investment. Accreditation will ultimately grant our County airports police department a substantially positive step toward true professionalism in police service over and above itself. This will truly be a dynamic process with vast reaching potential. It has proved to foster interaction between local, regional, state, and national levels through coalitions and help groups. These priceless interactions with other agencies will provoke the ever-increasing exchange of information and ideas, in turn promoting responsive cooperation within the local communities. For our Police Department, achieving accreditation will result in unequivocal remuneration. I sincerely appreciate your consideration and support toward attaining this professional milestone. V/R, _____________________________ M. Smith Tennyson, Chief of Police Packet Pg. 306  6.7.d.b The goal of this request is to present an option for implementation by the Okaloosa County Airports Police in order to continue providing effective law enforcement services to the citizens and visitors of the Okaloosa County Airports during challenging fiscal times. Definitions: Attachment: OCAP reserve white paper (1217 : Airport Police Accreditation and Reserve Officer Program) Reserve Law Enforcement Officer -means any person employed or appointed less than full time, as defined by an employing agency, with or without compensation, who is vested with authority to bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. Purpose of Reserves: The purpose of a reserve officer is to supplement the agency's day-to-day delivery of law enforcement services. Augmenting the agency’s regular daily activities and providing support services. Police departments use reserve officers to provide additional manpower in times of need, and also on a daily basis to extend the coverage provided by regular officers. Budget considerations, emergency and crowd control situations, and community involvement in policing are all valid reasons for establishing and maintaining a reserve officer program. Decreasing budgets, with the possibility of no corresponding drop in crime or calls for service, and stretching police manpower and resources are another factor for a “force multiplier”. Enacting a reserve program from a budgetary standpoint is quite cost effective, as evidenced by the difference in costs between hiring a regular officer and appointing a reserve. Based on providing all uniforms, equipment, training, and salary, the cost to hire one regular officer for the Okaloosa County Airports Police is $33,939.36 plus additional benefits cost, while appointing one reserve officer would cost between $1,500 and $2,500 depending on the level of training received, and the amount of equipment supplied by the department. Reserve officers are not eligible for benefits extended to full-time employees of the Okaloosa County Airports. These figures were based on direct and indirect costs. The total cost of class training was used in this example, not the cost of training per officer. Consequently, the larger the class, the less training will cost per officer. Training costs were normally minimal, as reserve officers were trained in-house by officers of the department for which they worked. Also, especially in some smaller, budget conscience departments, reserve officers could have served as the "experts" the agency could never have afforded. Packet Pg. 307  6.7.d.b Advantages and Disadvantages: The primary advantages of reserve officer programs are in terms of budget and manpower. Reserves cost far less to equip and train than did regular officers, especially in situations where officers purchased some or all of their equipment and/or uniforms. Attachment: OCAP reserve white paper (1217 : Airport Police Accreditation and Reserve Officer Program) Increased manpower was an equally important and often cited advantage of using reserve officers. Reserve officer programs also provided a trained and ready pool of personnel that could be utilized in times of emergency or disaster. Very few disadvantages in the use of reserve officers were found. Most disadvantages pertaining to the use of reserves originated in the departments themselves. Maintaining reserve officer programs but using the officers for menial duties and assignments only served to alienate reserves from the regular component of a department. Departments that did not train their reserves to a standard approximating that of regular officers, or did not have a detailed plan for their use and structured operation brought problems on themselves. The OCAP reserve program will be required to adhere to the policies and procedures that govern the regular officers. The OCAP will stay consistent in aspects of recruitment, education, training, and basic utilization of reserve officers. The “force multiplier” is the emphasis of our request for a reserve program and the full time officers have expressed strong support for the concept and operation of reserve officer program. Officers agreed that the role of reserve officers was to supplement, not replace, regular officers, and that with proper training, evaluation, and accountability, reserve officers could progress to the point of being able to perform duties on their own. As stated in the abstract, the purpose of this request was to consider the background information and research conducted in order to develop an appropriate reserve officer program for the Okaloosa County Airports to implement. The use of fully trained, empowered, and certified reserve police officers is recommended for the Airport Police. Eligibility and Selection: Reserve Officers shall comply with the same eligibility requirements and standards established for a regular full-time sworn police officer. The selection criteria for Reserve Officers are the same as full-time police officer candidates. With the approval of the Chief of Police, prior and current Airports Police Officers who meet Criminal Justice Standards and Training Commission (CJSTC) requirements may transfer from full-time status to Reserve Officer. Packet Pg. 308  6.7.d.b Training and Minimum Standards: Reserve officers must meet state minimum standards as established by the CJSTC. Reserve officers must complete all in-service and mandatory training required by CJSTC for full-time officers. Should the reserve officer be unable to meet required training criteria, the reserve Attachment: OCAP reserve white paper (1217 : Airport Police Accreditation and Reserve Officer Program) officer must notify a supervisor immediately. Reserve officers must pass the Transportation Security Administration (TSA) security clearance standards and pass a background check in order to obtain unrestricted airport access in accordance with the Okaloosa County Airports Security Program. Upon completion of all required CFR Chapter 49, and Florida Statues training reserve officers will then be issued Secured Identification Display Area (SIDA) credentials. Reserve officers must pass all other applicable hiring standards in effect by OCAP. Authority and Restrictions: Authority Reserve officers will have full police powers (to include arrest) while on and off duty, and will carry department approved firearms. Pursuant to Florida Statute 943.13 and 943.10(6) Restrictions Reserve officers will only perform duties for which they have been specifically trained and certified. Reserve officers will be assigned duties with a certified officer at all times, unless they have completed all required training and are approved by the Chief of Police to work alone. Reserve officers shall be assigned to a position most beneficial to the Department. Work hours and schedules shall be at the discretion of the Chief of Police or designee. Reserve officers will not engage in any activity, by means of employment or association that may bring discredit or criticism to the Department. Reserve officers shall not exploit their association with the Department to promote political influence, for personal gain or to seek personal publicity. Reserve officers cannot be a sworn officer for another Florida law enforcement agency while concurrently acting in the capacity of a sworn law enforcement officer for the Okaloosa County Airport Police. Article II Section 5(a) of the Florida Constitution, “No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein”. Reserve officers serve at the pleasure of the Okaloosa County Airports Director or his designee. Packet Pg. 309  6.7.d.b Duties and Responsibilities: The mission of the reserve officer program is to provide effective law enforcement services to the citizens and visitors of the Okaloosa County Airports through increased manpower and support to the OCAP during both day to day operations, and in the event of a major emergency or disaster. Attachment: OCAP reserve white paper (1217 : Airport Police Accreditation and Reserve Officer Program) Reserve officers will only perform duties for which they have been specifically trained and certified. Reserve officers will be assigned duties with a certified officer at all times, unless they have completed all required training and are approved by the Chief of Police to work alone. Reserve officers will be required to perform 8 hours of duty per month officers may volunteer and be requested to work additional hours. Reserve officers cannot be ordered to perform additional duty except under two circumstances: (a) remedial training is required as a condition for continuance as a reserve officer, as approved by the Chief of Police or his designee; and (b) during any city, state, or federal emergency declared by competent, legal authority. Reserve officers will perform all duties required of regular officers and will be responsible for maintaining the standards of Okaloosa County and the Airports Police. All reserve officers will be expected to be familiar with, and comply with all provisions detailed in the Policy and Procedures Manual of Okaloosa County, Okaloosa County Airports and Airports Police and any attachments, supplements, or changes. Officers will also be required to abide by all applicable federal, state, county, and municipal laws, statutes, ordinances, and directives. Failure to maintain standards or comply with the guidelines stated above may be grounds for discipline, remedial training, and dismissal. Reserve officers will have full police powers (to include arrest) while on and off duty, and will carry department approved firearms. Pursuant to Florida Statute 943.13 Should court attendance be necessary Reserve Officers shall follow court attendance procedures in accordance with department policy. Reserve Officers are permitted to wear their uniform to and from court when subpoenaed to appear in cases which originated as a result of official duties as a Reserve Officer. If a uniform is not worn, the Reserve Officer must wear appropriate business attire. Reserve officers will be compensated at the current starting pay hourly rate for but not limited to required training, court where the officer is subpoenaed to appear, schedule fill in or any additional manpower supplement as required by the Airports. Reserve Officers must notify the Chief of Police in writing of any change in address, telephone number or employment. Any Reserve Officer who is arrested, or is the subject of a police report, shall immediately notify their Supervisor of such incident. Failure to comply may result in dismissal. The Reserve Police Program maybe discontinued at anytime with or without cause. Packet Pg. 310  6.7.d.b Legal Considerations: Although not full time employees, reserves are considered to be representing the County and the Airports Department. Therefore liability coverage is the responsibility of Okaloosa County in cases where a reserve officer acted in the lawful performance of his or her duties. Attachment: OCAP reserve white paper (1217 : Airport Police Accreditation and Reserve Officer Program) Recruitment: Recruitment of potential reserve police officers should be done in accordance with county and airports police recruiting efforts geared toward regular officers. The selection pool for reserve officers should mirror the one used for regular officers, therefore the same recruiting process and technique should be followed. This reserve collection of officers can be utilized as an opportunity for vetting new officers for open full time positions. This will not take the place of the Okaloosa County Hiring policy and is not intended to short cut the recruitment procedures. Uniforms and Equipment: Uniforms worn by reserve officers will be the same as those worn by regular officers. Upkeep and maintenance of uniforms is the responsibility of each officer, and the department incurs no expenses for dry cleaning. All uniform items will be turned in at the time of resignation or dismissal. Equipment will be the same as that issued to regular officers excluding firearms, and will be paid for by the department and issued to each reserve officer. Firearms will be paid for each officer and will remain their property. Reserve officers will be held accountable for the maintenance and serviceability of their equipment. Lost or damaged equipment is the responsibility of each officer, who will reimburse the department for such lost or damaged items. Issued equipment will also be turned in at the time of an officer's resignation or dismissal. A listing of equipment issued to each reserve officer. : M. Smith Tennyson, Police Chief Packet Pg. 311  6.7.e BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: Greg Donovan SUBJECT: Destin Airport Runway Construction DEPARTMENT: Airport BCC DISTRICT: All The Airports Director will brief the BCC on the tentative construction schedule for the runway project at Destin Airport (DTS). The project will entail twenty-three nightly closures of the airport from 1800 hours local time (6:00 PM) to 0600 hours local time (6:00 AM) beginning January 7, 2013 until January 28, 2013. Complete closure of the airport is required for seven days beginning February 4, 2013 until February 11, 2013. The project is expected to be completed by March 18, 2013. Construction timeline is attached. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 312  Destin Airport RWY 14-32 Rehab 26-Nov-12 10:58 Schedule as of 13-Nov-12 Activity ID Activity Name Original Remaining Activity % Start Finish Total November 2012 December 2012 January 2013 February 2013 March 2013 pril 2013 Duration Duration Complete Float 05 12 19 26 03 10 17 24 31 07 14 21 28 04 11 18 25 04 11 18 25 01 Phase 1 - Preconstruction Activities Activi 11-Jan-13, Phase 1 - Preconstruction Activities G1000 Notice To Proceed 0d 0d 0% 13-Nov-12 -1d Notice To Proceed G1010 Submittals 49d 49d 0% 13-Nov-12 11-Jan-13 81d Submittals G1012 Lighting Submittals 10d 10d 0% 13-Nov-12 28-Nov-12 -1d Lighting Submittals G1020 Temp Office Trailer 10d 10d 0% 29-Nov-12* 12-Dec-12 58d Temp Office Trailer A1000 Mobilize Electrical 10d 10d 0% 29-Nov-12 12-Dec-12 48d Mobilize Electrical G1014 Produce Lights (5 week lead time) 25d 25d 0% 29-Nov-12 11-Jan-13 -1d Produce Lights (5 week lead time) G1030 Locate Existing Airfield Utilities 10d 10d 0% 13-Dec-12 04-Jan-13 48d Locate Existing Airfield Utilities Phase 2 - 23 Days Night Time Only On 04-Feb-13, Phase 2 - 23 Days Night Time Only B0990 Precast Light Base 5d 5d 0% 07-Jan-13 11-Jan-13 35d Precast Light Base B1000 Install Conduit 20d 20d 0% 12-Jan-13 01-Feb-13 -1d Install Conduit B1010 Directional Bore Conduit 3d 3d 0% 12-Jan-13 14-Jan-13 78d Directional Bore Conduit B1020 Pull Wire 5d 5d 0% 28-Jan-13 01-Feb-13 -1d Pull Wire B1030 Set Base for Lights/Signs 15d 15d 0% 28-Jan-13 04-Feb-13 -1d Set Base for Lights/Signs Phase 3 - 7 Day Runway Closure 11-Feb-13, Phase 3 - 7 Day Runway Closure C1000 Close Runway - 7 Days 0d 0d 0% 04-Feb-13 -1d Close Runway - 7 Days C1010 Mill Existing Runway 4d 4d 0% 04-Feb-13 06-Feb-13 -1d Mill Existing Runway B1040 Install Lights/Signs 10d 10d 0% 04-Feb-13 08-Feb-13 39d Install Lights/Signs B1060 Demo Old Lighting 10d 10d 0% 04-Feb-13 08-Feb-13 41d Demo Old Lighting C1020 Layout - Paving 4d 4d 0% 05-Feb-13 07-Feb-13 -1d Layout - Paving C1060 Dress Runway Shoulders 6d 6d 0% 06-Feb-13 08-Feb-13 37d Dress Runway Shoulders C1030 Pave Leveling Course 4d 4d 0% 07-Feb-13 08-Feb-13 -1d Pave Leveling Course C1070 Sod Runway Shoulders 4d 4d 0% 08-Feb-13 09-Feb-13 37d Sod Runway Shoulders B1050 Test New Light System 2d 2d 0% 08-Feb-13 08-Feb-13 39d Test New Light System C1040 Pave Surface Course 4d 4d 0% 08-Feb-13 09-Feb-13 -1d Pave Surface Course C1050 Install Temp Striping 4d 4d 0% 09-Feb-13 11-Feb-13 33d Install Temp Striping C1080 Survey Finished Surface 1d 1d 0% 09-Feb-13 10-Feb-13 35d Survey Finished Surface C1090 Open Runway 0d 0d 0% 11-Feb-13 33d Open Runway Phase 4 - 35 Day Cure/Final Striping Strip 18-Mar-13, Phase 4 - 3 D1000 30 Day Asphalt Cure 30d 30d 0% 09-Feb-13 11-Mar-13 -1d 30 Day Asphalt Cure D1010 Haul Off Millings 10d 10d 0% 11-Feb-13 25-Feb-13 6d Haul Off Millings D1020 Cleanup Stockpile Area 7d 7d 0% 26-Feb-13 06-Mar-13 6d Cleanup Stockpile Area D1030 Regrass Stockpile Area 1d 1d 0% 07-Mar-13 07-Mar-13 6d Regrass Stockpile Area D1040 Apply Final Paint Application to Runw 5d 5d 0% 12-Mar-13 18-Mar-13 -1d Apply Final Paint Applic D1050 Final Completion 0d 0d 0% 18-Mar-13 -1d Final Completion Actual Work Critical Remaining Work Summary Page 1 of 1 TASK filter: All Activities Packet Pg. 313 Remaining Work Milestone © Primavera Systems, Inc. 6.7.e.a Attachment: Construction Timeline 11 26 12 (1218 : Destin Airport Runway Construction)  7.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: James D. Curry SUBJECT: Jim Curry Retirement Information DEPARTMENT: County Administrator BCC DISTRICT: All RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 314  7.1.a Packet Pg. 315 Attachment: Retirement letter (1200 : Jim Curry Retirement Information)  7.2 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: James D. Curry SUBJECT: Discussion on Consideration of Internal BCC Auditor Position DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Commissioner Windes has requested that the Board consider and discuss a potential Internal BCC Auditor position. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 316  COMMISSIONERS BOARD OF COUNTY ROLE OF BCC INTERNAL AUDITOR OKALOOSA COUNTY, FLORIDA 7.2.a Packet Pg. 317 Attachment: BCC Internal Auditor (1201 : Discussion on Consideration of Internal BCC Auditor Position)  7.2.a Attachment: BCC Internal Auditor (1201 : Discussion on Consideration of Internal BCC Auditor Position) Mission of BCC Internal Auditor 2 For activities relating to the responsibility of the Board of County Commissioners, the Internal Auditor, would be engaged to: ¨ Improve internal controls. ¨ Minimize future fraud. ¨ Foster and document best practices. Packet Pg. 318  7.2.a Attachment: BCC Internal Auditor (1201 : Discussion on Consideration of Internal BCC Auditor Position) Authority of the BCC Internal Auditor 3 ¨ The Internal Auditor would report directly to the Board of County Commissioners. ¨ However the position would work with the County Administrator, Department Heads, the Clerk of Courts and the Clerk’s employees due to their relationship as accountant to the Board. ¨ Management team input (Board and Clerk Finance) will also be critical in the risk assessment process. Packet Pg. 319  7.2.a Attachment: BCC Internal Auditor (1201 : Discussion on Consideration of Internal BCC Auditor Position) 4 Scope of Work The Internal Auditor would perform an annual risk assessment. The purpose is to identify all auditable activities of the Board of County Commissioners and to evaluate each activity based on risk factors. Packet Pg. 320  7.2.a Attachment: BCC Internal Auditor (1201 : Discussion on Consideration of Internal BCC Auditor Position) Auditable activities may include: 5 ¨ Laws, rules, regulations, policies, procedures, and practices. ¨ General ledger account balances. ¨ Information systems (manual and computerized). ¨ Major contracts, programs, or legal entities. ¨ Organizational entities. ¨ Functions such as purchasing, human resources and grants and contract monitoring. ¨ Transaction systems for activities such as revenue collection, complaint management, purchasing, disbursements, inventory, payroll or facilities and equipment management. ¨ Task forces, committees or work groups. Packet Pg. 321  7.2.a Attachment: BCC Internal Auditor (1201 : Discussion on Consideration of Internal BCC Auditor Position) Risk Factors: 6 The criteria used to identify the relative significance of and likelihood that, conditions and/or events may occur that could adversely affect the organization. They may include: ¨ Management’s confidence in their system of internal control. ¨ Complexity of Operations. ¨ Major changes in the Operations, Programs, Systems or Controls. ¨ Financial Impact. ¨ Management Concern. ¨ Public Perception. ¨ Results of previous audits. Packet Pg. 322  7.2.a Scope of Work (cont.) Attachment: BCC Internal Auditor (1201 : Discussion on Consideration of Internal BCC Auditor Position) 7 ¨ Risk assessment and annual work plan would be presented to Board of County Commissioners for approval. ¨ Time would be reserved in the work plan for special projects and follow up on previous audits completed. ¨ Work requests could be made by other Constitutional Officers. ¨ With only one internal auditor it’s likely only 3-4 projects a year can be accomplished. However they will be the activities weighted with the highest risk. Packet Pg. 323  7.2.a Attachment: BCC Internal Auditor (1201 : Discussion on Consideration of Internal BCC Auditor Position) Reporting of the Results 8 ¨ Additional structure needs to be defined around auditing process and reporting. ¨ Formal written reports will be presented to the Board of County commissioners at completion of each internal audit. ¨ Process will be structured to allow input and management responses from auditees incorporated into reporting. Packet Pg. 324  7.2.a Qualifications and salary range for the Attachment: BCC Internal Auditor (1201 : Discussion on Consideration of Internal BCC Auditor Position) 9 BCC Internal Auditor ¨ Bachelor’s degree in accounting. ¨ CPA (Certified Public Accountant) or CIA (Certified Internal Auditor) designation. Both certifications preferred. ¨ A minimum of 6-8 years of internal audit field experience in governmental entities. ¨ The position relies on extensive experience and judgment to plan and accomplish goals. ¨ Estimated salary of $65,000 to $80,000 plus benefits. Packet Pg. 325  7.2.a Attachment: BCC Internal Auditor (1201 : Discussion on Consideration of Internal BCC Auditor Position) Next steps: 10 ¨ Policy document on function, structure, reporting. ¨ Creation of formal job description. ¨ Determination of selection process. Packet Pg. 326  7.3 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 4, 2012 TO: Honorable Chairman and Members of the Board FROM: James D. Curry SUBJECT: Selection of Board Chairman and Vice Chairman - 2013 DEPARTMENT: County Administrator BCC DISTRICT: All STATEMENT OF ISSUE: Request consideration and selection of Board Chairman and Vice Chairman for 2013. BACKGROUND: Typically at the first meeting in December, the Board selects a Chairman and Vice Chairman for the coming year. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 327