Okaloosa County BOCC — October 2, 2012

Agenda Okaloosa County Board of Commissioners Tuesday, November 6, 2012– 6:00 PM Crestview Courthouse I. Presentation to Commissioner Bill Roberts in appreciation of his service as County Commissioner II. Public Information Update III. County Administrator's Update IV. Commissioner's Minute V. Public Hearing 1. Request public comment and consideration of changes to Land Development Code Chapters 1A and 2 as submitted by Growth Management staff. District: All. First of two Public Hearings 2. Request public comment and consideration concerning proposed amendments to Chapter 9 of the Land Development Code related to abandoned and nuisance vehicles, and creation of Article III of Chapter 21 related to the same. District: All. This is the first of two public hearings on this issue. VI. Visitor 1. Kay Rasmussen, Economic Development Council (EDC), to address the Board concerning approval of a Memorandum of Understanding with Enterprise Florida and the EDC. 2. Linda Parker of the Historic Preservation Group to address the Board concerning a proposed project for display of historical photographs in the Crestview Courthouse. VII. Consent Agenda 1. October 2, 2012 Regular Meeting minutes. 2. Request approval of and authorize the Chairman to execute an Assignment of Lease for Block 8, Lot 9 at the Destin/Fort Walton Beach Airport. 3. Request approval of final payment in the amount of $1,250 for services associated with providing a part-time State Attorney Victim's Advocate grant funded position. 4. Request ratification of Chairman's signature on a Proclamation naming October 27, 2012 as Team Hurlburt Day. 5. Budget Resolutions and Budget Transfers amending Fiscal Year 2012 and 2013 budgets. 6. Request approval of TDC Sponsorship for the 2013 Florida State Harley Owners Group (HOG) Rally, October 21-26, 2013 Revised: 11/7/2012 9:19 AM Page 1 of 3 Regular Meeting (North) Agenda November 6, 2012 7. Request approval to award the bid for Janitorial Services for Crestview & Fort Walton Beach Health Departments to Executive Cleaning, Inc., they being the lowest bidder meeting specifications. Bid Amount - $63,752.26 8. Request approval of and authorize the Chairman to execute an Interlocal Agreement with City of Crestview for fueling services. District: 1 9. Request approval to change the treatment technique on remaining cold mix roadways from micro-surfacing to chip sealing techniques. District: All VIII. Department Business 1. J.D. Peacock/Sheriff's Office 1. Request approval of disbursement from Sheriff's Law Enforcement Trust Fund in the amount of $500 for USO Golf for Heroes; $300 for Students with a Purpose and $500 for the NAACP 2012 Freedom Fund. 2. Greg Donovan/Airports 1. Request approval of and authorize the Chairman to execute a Resolution in support of loan refinancing for various airport capital projects. District: All. 3. Richard Brannon/Purchasing 1. Request approval of and authorize the Chairman to execute a contract with Aramark Uniform Services for County uniform services. District: All. 4. Donald Turner/Facility Maintenance 1. Request approval of the formation of a stakeholder steering committee to be called the "Shalimar Annex Renovation Project Task Force" to support design work efforts for renovation of the Shalimar Annex. District: All. 5. John Vaughn/Fleet 1. Request approval of and authorize the Chairman to execute an Agreement with the State of Florida and Wright Express to piggyback on the State of Florida Fleet Fuel Card Program. District: All 6. John Hofstad/Public Works 1. Request approval of the extension of Irrevocable Standby Letter of Credit No. 226 as requested by the developer of Mossy Oaks Plantation Phase I Subdivision. District: 3 2. Request consideration of citizen appointments for two at-large positions, and one reappointment for the Parks Advisory Committee. District: All Okaloosa County Board of Commissioners Page 2 Printed 11/7/2012 Regular Meeting (North) Agenda November 6, 2012 3. Request approval to schedule a Public Hearing for comment and consideration of amending Ordinance 08-06 County Recreation Areas. District: All IX. Old Business 1. Information and letter from attorney Greg Stewart of Nabors, Giblin & Nickerson requesting authorization to file a challenge to the reconciliation for 2011-2012 as determined by the Department of Juvenile Justice (DJJ). Okaloosa County adheres to the Americans with Disabilities Act and will make reasonable modifications 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 3 Printed 11/7/2012  5.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing - Changes to Land Development Code, Chapt 1A & 2 DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Consideration of a request for changes to the Land Development Code submitted by the Department of Growth Management revising Chapter 1A Code Administration, Section 1A.02.11 “Permits from Other Agencies”, and; Chapter 2 Zoning Regulations, permitted uses in Section 2.08.00 “Business Office District” (C-1), 2.10.00 “General Commercial District” (C-3), 2.12.00 “Industrial District” (I-1) and Section 2.13.00 “Airport Industrial Park (I-2) District.” THIS IS THE FIRST OF TWO PUBLIC HEARINGS. THE FINAL PUBLIC HEARING WILL BE HELD NOVEMBER 20, 2012. STAFF FINDINGS: 1. Section 1A.02.11 “Permits from Other Agencies.” A change to this section is necessary in order to make the LDC consistent with current state law. During the 2012 session the Legislature enacted HB 503 amending Section 125.022, Fla. Stat. which prohibits counties from requiring permit approvals from other agencies as a prerequisite to issuing development orders or permits. The LDC currently requires permit approvals from other agencies before a development order can be approved. The proposed text change shown in Exhibit 1 was taken verbatim from s.125.022. 2. In May, 2010 the County substantially revised LDC Chapter 2 “Zoning Regulations.” These revisions included identifying permitted uses in commercial and industrial zoning districts according to North American Industry Classification System (NAICS) codes. This was done to provide a more descriptive and inclusive list of permitted uses based on the types of businesses identified in the NAICS by the U.S. Census Bureau. The NAICS is the most comprehensive and authoritative list of officially recognized businesses in the country. An illustrative example of the NAICS is provided as Attachment A. The NAICS is updated every five years as part of the U.S. Packet Pg. 4  5.1 Economic Census. The most recent update is for 2012. As a result, staff took this opportunity to re-evaluate NAICS codes relative to those currently listed in Chapter 2 of the LDC. The changes proposed as follow are the result. 3. References to NAICS 2002 have been changed to NAICS 2012. 4. Section 2.08.00 Business Office (C-1) district has been changed as shown in Exhibit 2. 5. Section 2.10.00 General Commercial (C-3) district has been changed as shown in Exhibit 3. 6. Section 2.12.00 Industrial (I-1) district has been changed as shown in Exhibit 4. 7. Section 2.13.00 Airport Industrial Park (I-2) district has been changed as shown in Exhibit 5. PUBLIC COMMENT/OPPOSITION: None to date. STAFF POSITION: Staff supports the requested changes to the Land Development Code. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at a public hearing held October 11, 2012. MILITARY REPRESENTATIVE: No comment. RECOMMENDATION: It is recommended that the Board consider the facts presented herein, the Planning Commission recommendation, as well as any other facts that may be presented at the public hearing, and then take final action at the November 20, 2012 public hearing. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 5  5.1.a Packet Pg. 6 Attachment: Attachment A (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.b Packet Pg. 7 Attachment: Exhibit 1 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.c Packet Pg. 8 Attachment: Exhibit 2 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.c Packet Pg. 9 Attachment: Exhibit 2 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.d Packet Pg. 10 Attachment: Exhibit 3 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.d Packet Pg. 11 Attachment: Exhibit 3 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.d Packet Pg. 12 Attachment: Exhibit 3 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.d Packet Pg. 13 Attachment: Exhibit 3 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.e Packet Pg. 14 Attachment: Exhibit 4 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.e Packet Pg. 15 Attachment: Exhibit 4 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.e Packet Pg. 16 Attachment: Exhibit 4 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.f Packet Pg. 17 Attachment: Exhibit 5 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.1.f Packet Pg. 18 Attachment: Exhibit 5 (1066 : Public Hearing - Changes to Land Development Code, Chapt 1A & 2)  5.2 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Public Hearing - Abandoned and Nuisance Vehicle Standards DEPARTMENT: Growth Management BCC DISTRICT: All STATEMENT OF ISSUE: Conduct a public hearing as required by Section 1.11.01 of the Okaloosa County Land Development Code and in accordance with section 125.66 of the Florida Statutes in order to consider proposed amendments to Chapter 9 of the Land Development Code pertaining to abandoned and nuisance vehicles and creation of a new Article III of Chapter 21 of the County Code pertaining to Abandoned and Nuisance Vehicles. BACKGROUND: 1. Under the definition of an abandoned vehicle provided in Section 9.03.01.1, vehicles on car dealer lots, repair yards, and other accepted, otherwise legal areas would be considered abandoned. Proposed Section 21-65 B. 1 corrects this oversight by recognizing various uses at which unlicensed vehicles may be kept. 2. Section 9.03.12.2 does not allow the common practice of leaving vehicles with relatives or friends while away (e.g., service men and women leaving vehicles with relatives while deployed, or students leaving a car with parents while at school) unless the vehicle has a current tag or in a garage or carport even if it not being used. Further, under 9.03.12.2, a vehicle without a tag cannot be kept behind an opaque privacy fence even if it is in perfect running order. Proposed Section 21-65 B. 1 clarifies the conditions under which vehicles without license tages may be kept on properties without creating a nuisance. 3. As the subject matter deals with the storage of vehicles and does not provide standards for the development of property, it is not clear why it was included in the Land Development Code. The subject matter would be more appropriately located under Chapter 21 of the County Code, Traffic and Motor Vehicles. To this end, the proposed standards are written to be included as a new Article III of Chapter 21, Abandoned and Nuisance Vehicles, where it would follow Article II, Stopping, Standing, and Parking with which it is intended to work Packet Pg. 19  5.2 hand-in-hand. 4. The inclusion of abandoned vehicles within the Land Development Code has created confusion as to enforcement authority. Under proposed Article III, the responsibility clearly rests with the Sheriff’s Office that has the mechanisms in place to deal with vehicle towing and storage, if need be. PUBLIC COMMENT/OPPOSITION: None to date. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at a public hearing held October 11, 2012. MILITARY REPRESENTATIVE: No comment. STAFF POSITION: Staff supports the proposed changes which have been developed in cooperation with the Sheriff’s Office. RECOMMENDATIONS: It is recommended that the Board consider the facts presented herein, the Planning Commission recommendation, as well as any other facts that may be presented at the public hearing, and then take final action at the November 20, 2012 public hearing. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 20  5.2.a ARTICLE III – ABANDONED AND NUISANCE VEHICLES Attachment: Chapter 21 ARTICLE III Abandoned and Nuisance Vehicles For BCC 2012 (1112 : Public Hearing - Abandoned and Nuisance Sec. 21-61 - Generally. It shall be a violation of this Article for any person to keep any motor vehicle, vessel as defined by Section 327.02, Florida Statutes (hereinafter referred to as a boat or boats), or trailer on any property in Okaloosa County except as provided herein and in conformance with the requirements of Chapter 21, Article II of the Okaloosa County, Florida, Code of Ordinances. Sec. 21-62 - Applicability. In regard to vehicles, boats, or trailers abandoned in rights-of-way, this article shall apply to all areas in Okaloosa County over which the Okaloosa County Sheriff’s Office has jurisdiction for traffic matters. For nuisance vehicles on private property, this article shall apply in areas outside of municipal boundaries. Sec. 21-63 – Enforcement. The Okaloosa County Sheriff’s Office shall enforce this Article. The various departments under the Okaloosa County Board of County Commissioners shall assist the Sheriff’s Office as needed. Sec. 21-64 - Abandoned Vehicles. A. Abandoned Vehicle Defined. Any motor vehicle, boat, or trailer that does not have a current, valid license plate or, in the case of boats a current registration, parked or stored on public property, including public land as well as dedicated road and utility rights-of-way (whether developed or undeveloped) is considered an abandoned vehicle. B. Standard. Abandoned vehicles are prohibited. C. Requirements for Correction: 1. Remove vehicle to area where it can be lawfully kept in conformance with this Article. Under no circumstance can a vehicle or trailer that is does not have a current, valid license plate, or boat that does not have a current, valid registration, be stored in a right-of-way or roadway. 2. Corrective action must occur within ten (10) days of notice or the vehicle, boat, or trailer will be towed at the owner's expense. Sec. 61-65 - Nuisance Vehicles. A. Nuisance Vehicle Defined. Any motor vehicle, boat, or trailer not kept in accordance with this Section is a nuisance vehicle. B. Standards. 1. Location on private property. Unless located on a property for which the zoning designation allows vehicle sales or storage as a permitted use and all requisite approvals have been obtained (including, for example, new or used car dealers, commercial garages, boatyards, pick-and-pull yards, or body shops and similar businesses at which it is customary for vehicles to be temporarily stored while awaiting service), it shall be unlawful and a violation of this Section to keep or allow to be kept on private property at Packet Pg. 21  5.2.a a location visible from a public road right-of-way or public property any motor vehicle or Attachment: Chapter 21 ARTICLE III Abandoned and Nuisance Vehicles For BCC 2012 (1112 : Public Hearing - Abandoned and Nuisance trailer that does not have a current, unexpired license plate, or in the case of boats a current, valid registration, or which by outward appearance is inoperable. As used herein, the term “by outward appearance is inoperable” means that the vehicle’s appearance indicates that it is not capable of lawfully operating under its own power. For example, an automobile standing on flat tires or on blocks or which is missing mandatory safety equipment, or a boat with a hole in its hull, is by outward appearance inoperable. A vehicle located in a fully enclosed structure, garage, or carport, or that is behind an opaque fence which is a minimum of six (6) feet in height and which fence is between the vehicle and public rights-of-way or public properties, or which is under a specifically designed vehicle cover in good repair (general purpose tarps or other similar coverings shall not be construed to meet this requirement) shall not be considered visible from a public property or public road right-of-way. Vehicles kept under a specifically designed vehicle cover must stand on their own tires; if on trailers the trailer tires must be inflated and supporting the vehicle. C. Requirements for Correction: 1. Remove vehicle to area where it can be lawfully kept in conformance with this Article. 2. Corrective action must occur no more than 30 days of the written notice or a Notice to Appear in court will be issued for the removal of the vehicle, boat, or trailer. Sec. 21-66 – Removal of Abandoned or Nuisance Vehicles. Upon the expiration of the time for compliance, the Okaloosa County Sheriff’s Office shall cause the vehicle in violation to be removed from the premises. Sec. 21-67 - Penalties and Recovery of Removal Costs. A. Fines shall be as provided in Chapter 162, Florida Statutes, as follows: 1. For first-time offenses, $250 per day per violation. 2. For repeat offenses, $500 per day per violation. B. Each vehicle in non-compliance with these provisions shall be considered a separate violation. C. The reasonable cost of such removal, and all incidental costs, shall be in addition to, and included in, the fines imposed and shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator, pursuant to section 162.09, Florida Statutes. Packet Pg. 22  6.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board SUBJECT: Memorandum of Understanding between Enterprise Florida and EDC The non-binding agreement designates the EDC of Okaloosa County as the county's primary economic development organization to receive lead referrals from and work with Enterprise Florida to develop prospect proposal responses. The purpose of the Memorandum is to: 1. Allow Florida counties to name the primary partner it designates to receive lead referrals from and work with Enterprise Florida to develop prospect proposal responses; and 2. Facilitate Enterprise Florida's desire to effectively communicate strategies and information with local and regional partners that will maximize their contribution toward the achievement of Florida's economic development goals; and 3. Establishes the parameters for a successful partnership between Enterprise Florida and its primary partner, and outlines general responsibilities to be carried out by both parties. Packet Pg. 23  6.1.a Packet Pg. 24 Attachment: EDC MOU.pdf (1134 : Memorandum of Understanding between Enterprise Florida and EDC)  6.1.a Packet Pg. 25 Attachment: EDC MOU.pdf (1134 : Memorandum of Understanding between Enterprise Florida and EDC)  6.1.a Packet Pg. 26 Attachment: EDC MOU.pdf (1134 : Memorandum of Understanding between Enterprise Florida and EDC)  6.1.a Packet Pg. 27 Attachment: EDC MOU.pdf (1134 : Memorandum of Understanding between Enterprise Florida and EDC)  6.1.a Packet Pg. 28 Attachment: EDC MOU.pdf (1134 : Memorandum of Understanding between Enterprise Florida and EDC)  6.2 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board SUBJECT: Historic Preservation Group - Photos in Crestview Courthouse Preliminary discussion concerning a proposed project for placement/display of historical photos in the Crestview Courthouse. This initial presentation is for information only, more information will be brought back to the Board at a later meeting to be considered for approval. Please see email below- ----------------------------------------------------------------------------------------- Date: 10/31/12 09:15:55 To: krossi@county.okaloosa.us <mailto:krossi@county.okaloosa.us> Subject: Nov 6th agenda Please place Historic Preservation Bd. Committee on Nov 6th Board of Co. Commission meeting agenda to present our Crestview Courthouse photo project. We have been working with Don Turner for several months now. Linda Parker Packet Pg. 29  7.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board SUBJECT: October 2 Meeting Minutes Request approval of the October 2, 2012 Regular Meeting minutes. Packet Pg. 30  7.1.a October 2, 2012 Regular Meeting The regular Tuesday meeting of the Okaloosa County Board of County Commissioners was called to order at 8:30 a.m. at the Crestview Courthouse. Members present were Don R. Amunds, Chairman; Dave Parisot, Vice Chairman; Wayne Harris; and Bill Roberts. Also present were Gary J. Stanford, Finance Officer, Clerk’s Office; John Dowd, County Attorney; Jim Curry, County Administrator; and members of the press. PRESENTATION – DEPARTMENT OF CORRECTIONS HEALTH CARE ACCREDITATION CERTIFICATE Attachment: October 2 minutes (1132 : October 2 Meeting Minutes) Mr. Curry requested Chief Paul Lawson and the members of his team come forward. He then read a letter from the Director of Accreditation for the National Commission on Correctional Health Care (NCCHC) advising the Okaloosa County Department of Corrections Jail Facility is in compliance with NCCHC standards for health services in jails and will continue to be accredited. Mr. Curry presented the certificate to Chief Lawson. PRESENTATION – EMPLOYEE SERVICE AWARD Mr. Curry stated we have only one employee service award to be presented today and recognized Don Turner for ten years of service. PUBLIC INFORMATION OFFICER UPDATE Mrs. Kathy Newby, Public Information Officer, announced the Viva Florida 500 time capsule has arrived in Okaloosa County. The th Viva Florida 500 event is to commemorate the 500 anniversary of Juan Ponce de Leon’s landing on Florida’s east coast. To encourage activities in every community in each of Florida’s 67 counties, the Florida Department of State has provided a time capsule to every county library in the state. COUNTY ADMINISTRATOR’S UPDATE Mr. Curry stated he has received an email from Lonnie Hawkins, Finance and Accounting Director for the Public Defender’s Office, requesting a budget transfer of $1,500 from their IT Reserves account to cover year end bills. October 2, 2012 -1- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 31  7.1.a Mr. Amunds was of the opinion if a department/office is requesting a budget amendment it should have a representative present to answer questions. He does not want anyone to think such requests are automatically approved. Mr. Curry replied this item can be placed on the next agenda and a representative of the Public Defender’s office will be asked to attend. Mr. Harris commented that we have just closed the budget process and now there is a request for more money. He stated they evidently did not budget correctly. VISITOR – HAROLD LAFOUNTAIN, PARKS ADVISORY COMMITTEE Mr. Harold LaFountain, Crestview, stated he is resigning from Attachment: October 2 minutes (1132 : October 2 Meeting Minutes) the Parks Advisory Committee. He said he has served on this committee for five years and feels it has accomplished nothing. Mr. LaFountain said “basically, they sit around and chew the rug.” He said they were not involved in the Okaloosa Island project. Mr. LaFountain noted there has been a big turnover in committee members and some have just stopped coming. He felt the committee should be dissolved. Mr. Harris stated he is the liaison commissioner to this committee and asked Mr. LaFountain if he feels that if someone does not show up for the meetings, then they should not be on the committee. He said Mr. LaFountain has missed seven meetings within the last few months. Continuing, Mr. Harris said there are 10 or 12 primary members, who often do not show up for the meetings, and 9 alternates who sometimes come. He said there is no leadership. He stated he has met with Public Works Director John Hofstad and James Puckett, Parks Division, and the By-Laws for the Parks Committee are being rewritten. Mr. Harris said he believes there is a group of three or four individuals who are significantly involved. Mr. LaFountain responded that he does not waste his gasoline to go to meetings in South County. Mr. Mike WrightReynolds stated in years past he served as Chairman of the committee for three years and stepped away for three years. He concurred there has been no leadership and took exception to Mr. LaFountain’s comments the Parks Committee was not involved in the Okaloosa Island project. Mr. WrightReynolds stated there are some people who want to make this advisory committee viable. Mr. Harris said he wants the Board to receive regular reports from the Parks Advisory Committee. He also requested a copy of the latest revisions to the By-Laws. October 2, 2012 -2- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 32  7.1.a Mr. Parisot said he agrees with Mr. LaFountain in some respect, saying the committee has not been effective. Mr. Parisot stated that removal of committee members must be by Board action. Mr. Parisot made motion, seconded by Mr. Harris, to accept Mr. LaFountain’s resignation and to remove Henry Kelly who has a poor attendance record. Mr. Amunds expressed concern about removing someone without speaking with them. Mr. Parisot and Mr. Harris stated they have both spoken with Mr. Kelly. Upon inquiry by Mr. Roberts, Mr. Harris said Mr. Kelly has agreed to come off the committee. 4 yeas. CONSENT AGENDA APPROVAL Attachment: October 2 minutes (1132 : October 2 Meeting Minutes) Mr. Harris requested Item #7 be discussed. #7. Request approval of the disbursement of State Law Enforcement Trust Funds as submitted by the Sheriff’s Office Mr. Harris said he wants clarification from the County Attorney that this disbursement of LETF can be done legally. Mr. Dowd replied that when the Sheriff certifies a request for use of these funds for law enforcement purposes, this Board can accept that certification for that use. He said the statutes allow a broad interpretation of “law enforcement purposes.” Mr. Dowd did point out that normal operating expenses are excluded from use. To clarify, Mr. Dowd said that with regard to Consent Agenda Item #7, the Sheriff has certified the use of the LETF funds as valid law enforcement purposes and he believes it is proper. Mr. Harris stated that if the Board denies the request then those funds would have to come from Reserves. Mr. Dowd concurred, saying the budget for FY 2013 has already been approved. Mr. Parisot said one of his concerns is payment of family health insurance and dental insurance coverage for some Sheriff’s Office personnel. He stated he does not agree with use of taxpayers’ dollars to pay for family coverage. Mr. Amunds pointed out the Board agreed at the Final Budget Hearing to the compromise for use of the LETF monies. He pointed out that once the funds are allocated to the Sheriff Office, the Sheriff has discretion over how they are used and the Board cannot tell him what to do with those funds. Mr. Harris stated he will support October 2, 2012 -3- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 33  7.1.a the item but he feels the people need to know how LETF dollars are being used. Mr. Parisot said in FY 2008 it was noted there was a wide difference in benefit programs for the employees of the Tax Collector’s and Sheriff’s Offices as opposed to the BCC and other Constitutional Offices. He stated there was discussion about having all Constitutional Officers get together with the Board and try to come up with a uniform benefit policy but that was never done. Mr. Parisot stated he wants to know who is getting the extra benefits in the Sheriff’s Office. Mr. Harris made motion, seconded by Mr. Parisot, to approve the Attachment: October 2 minutes (1132 : October 2 Meeting Minutes) Consent Agenda, including Item #7. 1. August 21, 2012 Regular Meeting Minutes 2. August 26, 2012 Special Called Meeting Minutes 3. September 4, 2012 Regular Meeting Minutes 4. Purchasing: Recommendation to award bid for road striping services to Gulf Coast Traffic Engineers as lowest responsive bidder 5. Information Systems: Amendment to Verizon Contract #C07- 1535-UR for mobile devices and services (NOTE: This document has not been supplied to BCC Records) 6. Public Works: Final payment to Anderson Columbia Company for C.R. 393 full-depth reclamation project; Estimate #10 for $126,939.57 7. Sheriff: Disbursement of Law Enforcement Trust Funds 8. Authorization for County Administrator to execute contract renewal with Economic Development Council 9. Special Event Permit request from Shalimar United Methodist Church Outreach Team for use of Shalimar Ball Park for Block Party on October 6 10. Resolution authorizing Surety Land Title of Florida to prepare quitclaim deeds for the successful bidders converting their Okaloosa Island leasehold interests to fee simple titles (Stanley W. and Wassiya Hewitt; Philip L. Lofe and Lucky E. Stepp; PGB Partnership, LTD) RESOLUTION NO. 12-134 11. Resolution amending FY 2012 Budget, Emergency Medical Services Enterprise Fund (Florida Department of Health unspent funds and earned interest on EMS county grant) RESOLUTION NO. 12-135 (BA #146) 12. Resolution amending FY 2013 Budget, General Fund (Florida Department of Law Enforcement prevention project grant for children exposed to crime) RESOLUTION NO. 12-136 (BA #1) October 2, 2012 -4- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 34  7.1.a 13. Resolution amending FY 2013 Budget, General Fund (Florida Department of Law Enforcement Crime Victims Grant for the Emerald Coast Children’s Advocacy Center mental health program) RESOLUTION NO. 12-137 (BA #2) 14. Resolution amending FY 2013 Budget, General Fund (Florida Department of Law Enforcement Officer Safety Enhancements Grant) RESOLUTION NO. 12-138 (BA #3) 15. Resolution amending FY 2013 Budget, General Fund (Florida Department of Agriculture and Consumer Services State Aid for Mosquito Control/Arthropod Control Grant) RESOLUTION NO. 12-139 (BA #4) Attachment: October 2 minutes (1132 : October 2 Meeting Minutes) 16. Resolution amending FY 2013 Budget, General Fund (Florida Department of Transportation Section 5311 Rural Public Transportation Grant) RESOLUTION NO. 12-140 (BA #5) 17. Growth Management: Amendment to Modification No. 7 to the Neighborhood Stabilization Program Agreement, changing the end date and replacing the term “Department of Community Affairs” with “Department of Economic Opportunity” 18. Report submitted by Commissioner Parisot on the recent Florida Association of Counties Policy Conference 19. Corrections: Second Amendment to Inmate Health Services Agreement with Corizon Health Services 4 yeas. PUBLIC HEARING – RECEIVE COMMENTS ON PROPOSED REDUCTIONS IN FIXED ROUTE SERVICES FOR OKALOOSA COUNTY TRANSIT WAVE (9:00 A.M.) Mr. Stanford read the advertised legal notice for public hearing to receive comments on proposed reductions in the fixed route services for Okaloosa County Transit WAVE. Mr. Elliot Kampert, Growth Management Director, stated the Board’s action to allocate funding for the fixed routes at the Final Budget Hearing has eliminated the need for this public hearing. Mr. Amunds opened the floor for any public comment. No one came forward to speak. Mr. Parisot stated there was commentary during the budget process about increasing fares and asked if a separate hearing October 2, 2012 -5- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 35  7.1.a is needed to discuss this issue. He advised that he would like to have a discussion on this subject soon. Mr. Harris stated that he has a meeting with Mr. Kampert and Okaloosa County Transit (OCT) representatives on Thursday. One of the topics they will be discussing is bus fares. Mr. Amunds stated the contact person on this issue should be the liaison commissioner for that department and that commissioner should bring the issue to the Board. PUBLIC SAFETY – AMENDMENT TO PAWS CONTRACT Attachment: October 2 minutes (1132 : October 2 Meeting Minutes) Mr. Dino Villani, Public Safety Director, stated during the budget process the allocation was cut to the Panhandle Animal Welfare Society (PAWS) for animal control services. This cut resulted in PAWS providing full service four days a week (Monday through Thursday) and only emergency services for the remainder of the week (Friday through Sunday). He advised that Dr. Karen Chapman, Director of the Okaloosa County Health Department, has offered to reduce the Health Department budget by $18,640 and requests those funds be directed to the PAWS contract to restore full services. Mr. Villani requested to: (1) approve a budget amendment for the Health Department by reducing that budget by $18,640; (2) apply the $18,640 from the Health Department to the PAWS contract; and (3) approve Amendment No. 1 to the PAWS contract to restore full services with the increased allocation. Mr. Harris made motion, seconded by Mr. Roberts, to approve Mr. Villani’s recommendations as cited above. Mr. Curry noted the Health Department had additional State funds which allowed Dr. Chapman to make this offer. 4 yeas. AIRPORTS – SEPTEMBER 18, 2012 FAA GRANT APPROVAL Mr. Greg Donovan, Airports Director, stated at the September 18 meeting the Board authorized acceptance of a FAA grant for rehabilitation of the north public parking lot at Northwest Florida Regional Airport. The actual document did not arrive until after the meeting. He stated the document arrived on September 20, the Chairman executed it, and it was returned to FAA in a timely fashion. This item was provided for information only. Mr. Parisot made motion, seconded by Harris, to ratify the Chairman’s signature on the document. 4 yeas. October 2, 2012 -6- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 36  7.1.a AIRPORTS – RENEWAL OF TRANSPORTATION SECURITY CLEARINGHOUSE SERVICES AGREEMENT Mr. Donovan requested renewal of the agreement with Transportation Security Clearinghouse for processing fingerprints and background investigations for the Airports. Mr. Harris made motion, seconded by Mr. Roberts, to approve renewal of this agreement. 4 yeas. AIRPORTS – UPDATE ON DESTIN AIRPORT Mr. Donovan reported that he met with the Destin City Council last night to provide them with an update on the Destin Airport. Attachment: October 2 minutes (1132 : October 2 Meeting Minutes) The runway at the Destin Airport is vintage 1963. It will be replaced with new paving, new lights, signage and edge lights will be installed. The runway will be closed for seven days for the work sometime in the November to January timeframe. The Airports staff is also working with tenants and FBOs at the facility for this work. Additionally, Mr. Donovan stated he has received a verbal authorization from FAA to move forward with a traffic control tower. Money is to be taken from the trust fund for an environmental assessment. Mr. Donovan anticipates the environmental assessment to take sixteen months to complete. Once that is completed, the next step is design, and then build. TOURIST DEVELOPMENT – TASK ORDER NO. 3 WITH LEWIS COMMUNICATIONS Mr. Daniel O’Bryne, Tourist Development Director, stated he would like to make a correction to the agenda request which states Task Order No. 2 is being submitted for approval. He said a minor task order was approved by the Purchasing Department as Task Order No. 2 and the correct number for this task order with Lewis Communications totaling $60,698.76 should be Task Order No. 3. Mr. O’Bryne noted this will be the final task order from Lewis Communications. Mr. Harris made motion to approve Task Order No. 3 with Lewis Communications. Mr. Parisot said he will second the motion with a stipulation that payment be held until Lewis Communications provides all documentation to close out this contract. Mr. Harris accepted this stipulation. 4 yeas. October 2, 2012 -7- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 37  7.1.a TOURIST DEVELOPMENT – TASK ORDER NO. 3 WITH ZIMMERMAN AGENCY Mr. O’Bryne advised a correction is also needed on this item. The agenda request correctly identifies the document as Task Order No. 3 but the document submitted by Zimmerman identifies it as Task Order No. 4. He stated Zimmerman incorrectly numbered the document and this task order should be identified as Task Order No. 3 which is for $51,103.33 and reflects invoices for the months of July and August 2012. Mr. O’Bryne said there will be one more task order from Zimmerman for services for the month of September 2012. Mr. Parisot stated he will move to approve Task Order No. 3 with Attachment: October 2 minutes (1132 : October 2 Meeting Minutes) the stipulation all appropriate documents be presented to the county before a payment is made. Mr. Harris said he will second the motion with an added stipulation that the website issue be resolved prior to payment. Mr. Amunds pointed out there will be one more task order and asked if Mr. Parisot wants to retain the provision of holding payment until all materials are provided for the final task order. Mr. Parisot said he understand there is difficulty in getting all the materials that are due the county and his answer is “no” and go ahead and bring the hammer. Mr. Harris concurred. 4 yeas. TOURIST DEVELOPMENT – RANKING OF ADVERTISING AGENCIES Mr. O’Bryne reported the responses for the advertised Request for Qualifications (RFQs) were reviewed by a Board-appointed evaluation committee. The top three firms were ranked as follows: 1. Peter Mayer Advertising 2. Noise, Inc. 3. EW Bullock Mr. Harris referred to a “Proposer Sheet” distributed to Purchasing Director Richard Brannon. The page listed all responders and the date their proposals were submitted. It also had “Overall Ranking” listing seven firms. Mr. Harris asked for clarification on this document and why the rankings are different than the agenda request. Mr. Brannon replied it was for information purposes only and showed the initial ranking. Mr. Parisot made motion, seconded by Mr. Harris, to approve the rankings as submitted by the department head above and to authorize the Tourist Development Director to begin negotiations with the top-ranked firm. Mr. Harris emphasized that better October 2, 2012 -8- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 38  7.1.a communication is needed between the Board and the Tourist Development Council in the future. The vote was taken—4 yeas. TOURIST DEVELOPMENT – SPONSORSHIP FOR OAKLEY FISHING TOURNAMENT Mr. O’Byrne presented for consideration a sponsorship for the 2013 Oakley Fishing Tournament pursuant to Section G.600 of the newly adopted Tourist Development Council (TDC) Operations & Procedures Manual. The TDC received a proposal at its September 26 meeting from Oakley Fishing and voted unanimously to recommend the sponsorship to the Board. Oakley Fishing is establishing a redfish tour for the 2013 season. Destin is a potential stop on the tour. Attachment: October 2 minutes (1132 : October 2 Meeting Minutes) Mr. O’Byrne requested approval of potential host city sponsorship as requested by Oakley Fishing, including the offer of a $10,000 Host City Fee. Mr. Parisot made motion to approve with the stipulation that since the event is being sponsored by Okaloosa County’s Tourist Development then the hotels and lodging accommodations to be advertised by the vendor be in Okaloosa County and not Sandestin. Mr. Harris seconded the motion. Mr. O’Byrne replied that he will include that detail in his letter of intent. Mr. Curry commented there will be a number of requests for sponsorships and he believes the Board must be flexible and urged the commissioners “not to draw a line in the sand.” He pointed out some of the programs have regional impact. Upon inquiry by Mr. Parisot, Mr. O’Byrne stated we pay nothing unless we are selected as the host city. Mr. Harris agreed with Mr. Curry that we must be flexible. 4 yeas. Mr. Amunds reported that in the future we may see Okaloosa TDC and Walton TDC joining to co-sponsor events. He stated “We love partnerships.” Mr. O’Byrne remarked we can obviously do more together and said there is merit in regional marketing. Mr. O’Bryne spoke on the importance of the TDC understanding its role with the Board. He said he wants to make certain residents have a greater understanding and believes that can be done with development of the website. Mr. O’Bryne stated citizens will be able to submit their resumes in advance and held until there is a vacancy on the TDC. He added they will take community input from the get go. October 2, 2012 -9- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 39  7.1.a PUBLIC WORKS – APPROVAL FOR 3-WAY STOP AT MONAHAN DRIVE AND MAYFAIR DRIVE Mr. John Hofstad, Public Works Director, stated residents along the Monahan Drive corridor in Fort Walton Beach have requested assistance to improve traffic safety and other traffic related issues along this roadway. He said staff conducted a speed and volume traffic study and found that an additional three-way stop control is warranted at the intersection of Monahan and Mayfair Drive. Mr. Harris made motion, seconded by Mr. Parisot, to approve installation of the three-way stop at Monahan Drive and Mayfair Drive. 4 yeas. Attachment: October 2 minutes (1132 : October 2 Meeting Minutes) PUBLIC WORKS – REQUEST TO MOVE 2012 COLD MIX REHAB FUNDS FROM RESERVES TO LOGT AND MOVE FORWARD WITH AWARDING FY 2013 ROAD PRESERVATION ROAD PROJECTS TO ASPHALT PAVING SYSTEMS Mr. Hofstad requested approval to move road preservations funds for FY 2012 into FY 2013. He said the contract with Asphalt Paving Systems (APS) to perform various types of pavement preservation treatment methods (including Fog Seal, Chip Seal, Chip Seal and Microsurfacing) has been delayed because of the weather. APS will be unavailable to begin work until October 2012. He said because of the unexpected delays with the contractor, the department was unable to expend funds from the FY 2012 resurfacing budget. Mr. Hofstad again asked for these funds to be moved from Reserves back into the Local Option Gas Tax (LOGT) fund. Mr. Roberts made motion to approve this item, as well as the following agenda item: d. Approval to transfer funds from Constitutional Gas Tax striping account to LOGT to perform additional road millings projects Mr. Parisot stated he would like to transfer $20,000 from his district account for the purchase of another 1,000 tons of millings. 4 yeas. PUBLIC WORKS – REQUEST TO WRITE OFF SOLID WASTE UNCOLLECTIBLE ACCOUNTS Mr. Hofstad requested approval to write off uncollectible Accounts Receivable funds and unpaid franchise fees from Trash Can Company II and to include dishonored checks and miscellaneous cash from other solid waste customers. Trash Can Company II provided franchise garbage collection for residents October 2, 2012 -10- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 40  7.1.a in the Rocky Bayou area and was unable or unwilling to maintain the level of service provided for in the contract. The county, therefore, went out for bid and ultimately replaced Trash Can Company II. During this time this company failed to pay $18,507.16 in tip fees for the customers they served in Laurel Hill and the surrounding areas. They also failed to pay $37,643.86 in franchise fees as set forth in the contract. Mr. Amunds asked if the county can attach the property of this vendor. Mr. Dowd replied the county could but the owner has already sold all his assets. He further pointed out the company has been dissolved and said he is not certain there is anything to sue for. Mr. Harris made motion, seconded by Mr. Roberts, to Attachment: October 2 minutes (1132 : October 2 Meeting Minutes) approve the department head’s request to write off these accounts. 4 yeas. OLD BUSINESS – AUTHORIZATION FOR ATTORNEY TO FILE MONTHLY CHALLENGES TO DJJ ALLOCATIONS Mr. Curry stated Greg Stewart, special counsel with Nabors Giblin & Nickerson has recommended the Board authorize the filing of monthly challenges to the individual Department of Juvenile Justice (DJJ) allocations in order to preserve its rights to subsequently challenge those amounts once the appeal is concluded. The anticipated cost to file the monthly challenge is $1,000 per challenge. Mr. Parisot made motion, seconded by Mr. Harris, to authorize Nabors Giblin & Nickerson to file the monthly challenges until the appeal is concluded. 4 yeas. OLD BUSINESS – RESOLUTION AND GULF CONSORTIUM INTERLOCAL AGREEMENT Mr. Curry stated the Board has been requested to consider adoption of a resolution approving the form of the Gulf Consortium Interlocal Agreement which admits the county as a member of this consortium. Mr. Parisot stated the county needs to join a 23-county consortium to deal with the two 30% pots of RESTORE Act money. He encouraged all 23 Florida counties to join together to prevent opening a wedge for the State to come in and intervene. Mr. Amunds commented he is hearing that some counties are leaning to the State for political favors. When asked about the status of the eight counties in the Panhandle, Mr. Parisot stated Franklin County has commented they need additional review October 2, 2012 -11- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 41  7.1.a of the interlocal and will discuss it with the full Board. He advised the commissioner who has been representing Gulf County will be leaving office in November and that Board will need to appoint a new representative. Mr. Harris made motion, seconded by Mr. Parisot, to adopt the resolution and approve the interlocal agreement. 4 yeas. RESOLUTION NO. 12-141 Mr. Parisot asked about an appointment to the Consortium and stated he would like to stay with the program. Mr. Amunds commented that is okay at this point but after November 2 the Board may need an alternate. Mr. Roberts made motion, seconded Attachment: October 2 minutes (1132 : October 2 Meeting Minutes) by Mr. Harris, to appoint Mr. Parisot as the primary representative on the Consortium. 4 yeas. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 9:46 a.m. _____________________________ _______________________________ DON W. HOWARD DON R. AMUNDS, CHAIRMAN CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS (These minutes were transcribed by Teresa Ward.) **** October 2, 2012 -12- Minute Book 68, Page Okaloosa County Board of County Commissioners Packet Pg. 42  7.2 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: Greg Donovan SUBJECT: Assignment of Lease DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: A proposed assignment of lease from R & S Holdings, Inc., Mr. Tom Richardson to Machinery Sales Company, Inc., Mr. Richard Meadows, for Block 8 lot 9 at the Destin/Ft. Walton Beach Airport is being presented to the Board of County Commissioners for approval. BACKGROUND: R & S Holdings, Inc., Mr. Tom Richardson previously entered into a ground lease agreement for Block 8 lot 9 at the Destin/Ft. Walton Beach Airport and now desires to assign his responsibility to Machinery Sales Company, Inc., Mr. Richard Meadows. The transfer fee has been received. The certificate of insurance, assignment of lease and internal coordination sheet are attached. OPTIONS: Approve, Reject or Table RECOMMENDATIONS: It is staff's recommendation that the Board approve the Assignment of Lease as described above. RECOMMENDED BY: Packet Pg. 43  7.2 APPROVED BY: James D. Curry, County Administrator Packet Pg. 44  7.2.a Packet Pg. 45 Attachment: AOL RS Holdings to Machinery (1067 : Assignment of Lease)  7.2.a Packet Pg. 46 Attachment: AOL RS Holdings to Machinery (1067 : Assignment of Lease)  7.2.a Packet Pg. 47 Attachment: AOL RS Holdings to Machinery (1067 : Assignment of Lease)  7.2.a Packet Pg. 48 Attachment: AOL RS Holdings to Machinery (1067 : Assignment of Lease)  7.2.a Packet Pg. 49 Attachment: AOL RS Holdings to Machinery (1067 : Assignment of Lease)  7.2.a Packet Pg. 50 Attachment: AOL RS Holdings to Machinery (1067 : Assignment of Lease)  7.2.a Packet Pg. 51 Attachment: AOL RS Holdings to Machinery (1067 : Assignment of Lease)  7.2.a Packet Pg. 52 Attachment: AOL RS Holdings to Machinery (1067 : Assignment of Lease)  7.3 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board SUBJECT: Final Payment - Emerald Coast Children's Advocacy Center On November 15, 2011 the Board of County Commissioners entered into Contract No. C11- 1918-SA with the Office of the State Attorney associated with providing a part-time Victim's Advocate position in the Okaloosa County State Attorney's Office. The grant period has ended, all required services have been completed and the Office of the State Attorney is ready for final payment. Packet Pg. 53  7.3.a Packet Pg. 54 Attachment: Contract Closeout Check List (1131 : Final Payment - Emerald Coast Children's Advocacy Center)  7.3.b Packet Pg. 55 Attachment: Contract Payment Approval Form (1131 : Final Payment - Emerald Coast Children's Advocacy Center)  7.4 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board SUBJECT: Team Hurlburt Proclamation Ratification Request ratification of Chairman's signature on a Proclamation naming October 27, 2012 as Team Hurlburt Day. Packet Pg. 56  7.4.a PROCLAMATION WHEREAS, on October 27, 2012 Hurlburt Field will host an Open House inviting the public to become a part of Team Hurlburt and learn about the 1st Special Operations Wing of the United States Air Force; and Attachment: Team Hurlburt proclamation (1133 : Team Hurlburt Proclamation Ratification) WHEREAS, the 1st SOW serves as a pivotal component of the Air Force Special Operation Command’s ability to provide and conduct special operations missions ranging from precision application of firepower to infiltration and exfiltration; and WHEREAS, the 1st SOW brings distinctive intelligence capabilities to the mission, including surveillance, reconnaissance, predictive analysis and targeting expertise; and WHEREAS, the 1st SOW and all members of Team Hurlburt remain ever vigilant in defense of our country’s freedom; and WHEREAS, the freedom and security that citizens of the United States enjoy today are a direct result of the blood shed in the past and the continued vigilance given by the United States Armed Forces over the history of our great nation. NOW, THEREFORE, BE IT PROCLAIMED that the Board of Okaloosa County Commissioners does hereby proclaims October 27, 2012 as TEAM HURLBURT DAY DULY PASSED AND ADOPTED this 6th day of November, 2012. ___________________________ DON R. AMUNDS Chairman _____________________________ DON W. HOWARD Clerk of Courts Packet Pg. 57  7.5 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board SUBJECT: Budget Resolutions and Budget Transfers Resolution amending the Fiscal Year 2012 budget, General Fund, to reflect appropriations from United States Department of Justice for bulletproof vest partnership program grant in the amount of $3,810. BT-12-46 transfer General Fund reserves for local cash match for United States Department of Justice bulletproof vest partnership program grant in the amount of $76. Resolution amending the Fiscal Year 2012 budget, County Transportation Trust Fund, to reflect appropriations from Florida Department of Transportation for traffic signal maintenance grant in the amount of $200,000. Resolution amending the Fiscal Year 2012 budget, Tourist Development Fund, to reflect appropriations from tourist development tax in the amount of $854,700. Resolution amending the Fiscal Year 2012 budget, Prisoner Benefit Fund, to reflect appropriations from inmate calling cards in the amount of $10,000. Resolution amending the Fiscal Year 2012 budget, Solid Waste Enterprise Fund, to reflect appropriations for landfill operating and recycling fees in the amount of $1,069,757. Resolution amending the Fiscal Year 2012 budget, Inspections Enterprise Fund, to reflect appropriations in the amount of $301,428. Resolution amending the Fiscal Year 2012 budget, Emergency Medical Services Enterprise Fund, to reflect appropriations from ambulance fees in the amount of $469,084. Resolution amending the Fiscal Year 2012 budget, Convention Center Enterprise Fund, to reflect appropriations from tourist development tax in the amount of $569,800. Resolution amending the Fiscal Year 2012 budget, Garage Services Fund, to reflect appropriations from fuel store services in the amount of $60,000. Packet Pg. 58  7.5 BT-12-47 to change funding from Florida Department of Economic Opportunity to Florida Department of Transportation for resurfacing ramp space at Bob Sikes Airport in the amount of $115,247. Resolution amending the Fiscal Year 2013 budget, General Fund, to reflect appropriations from the United States Department of Justice for State Criminal Alien Assistance Program grant in the amount of $10,106. Resolution amending the Fiscal Year 2013 budget, General Fund, to reflect appropriations from Florida Department of State for The Library Spot in the amount of $36,978. BT-13-03 transfer Library Cooperative General Fund cash to provide for 1/3 match of Florida Department of State Library Stop grant in the amount of $25,390. Resolution amending the Fiscal Year 2013 budget, Tourist Development Fund, to reflect appropriations from West Destin Beach Restoration proceeds in the amount of $5,000,000. Resolution amending the Fiscal Year 2013 budget, Debt Service Fund, to reflect appropriations for West Destin Beach note in the amount of $85,524. BT-13-04 transfer Judicial reserves for contract with Lord & Sons for Phase I of Shalimar Annex in the amount of $166,597. BT-13-05 transfer Beach Restoration reserves for debt service payment for West Destin Beach Restoration in the amount of $40,524. BT-13-06 transfer General Fund reserves for Crestview courthouse cardkey system in the amount of $4,940. Packet Pg. 59  7.5.a Packet Pg. 60 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 61 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 62 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 63 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 64 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 65 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 66 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 67 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 68 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 69 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 70 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 71 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 72 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 73 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 74 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 75 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 76 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.a Packet Pg. 77 Attachment: Budget resolutions and transfers 11-6-12 (1138 : Budget Resolutions and Budget Transfers)  7.5.b Packet Pg. 78 Attachment: BT-12-47 (1138 : Budget Resolutions and Budget Transfers)  7.5.b Packet Pg. 79 Attachment: BT-12-47 (1138 : Budget Resolutions and Budget Transfers)  7.5.b Packet Pg. 80 Attachment: BT-12-47 (1138 : Budget Resolutions and Budget Transfers)  7.6 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: Daniel O'Byrne SUBJECT: 2013 Harley Owners Group (HOG) Rally Sponsorship DEPARTMENT: Tourist Development BCC DISTRICT: All STATEMENT OF ISSUE: Request approval of TDC sponsorship for potential 2013 Florida State HOG Rally pursuant to section G.600 of the recently approved TDC Operations & Procedures Manual. The potential sponsorship is for an amount not to exceed $30,000. The TDC is recommending this sponsorship and certifying that it meets the criteria of section G.600 Sponsorships. BACKGROUND: The Council, at it's October 24, 2013 meeting, reviewed a sponsorship request in the amount of $35,000 for a potential 2013 Florida State HOG Rally. The Rally, if awarded, would be held on Okaloosa Island, October 21-26, 2013. The Rally was previously held in Okaloosa County in 2010 and 2011. The 2013 Rally will mark the 110th anniversary of the Harley Davidson Motor Company. After a robust discussion among the Council members, with significant input from hospitality industry professionals in the audience, the Council voted to recommend a $25,000 sponsorship for pre-event marketing and attendance stimulation efforts, and to award an additional $5,000 sponsorship should the HOG Rally generate the agreed to number of room nights indicated in that section of the application. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve potential host city sponsorship as reviewed, approved and requested by the TDC at it's October 24, 2012 meeting. (See attached Sponsorship Funding Application). RECOMMENDED BY: Packet Pg. 81  7.6 APPROVED BY: James D. Curry, County Administrator Packet Pg. 82  7.6.a Sponsorship Funding Application Attachment: HOG Rally Sponsorship Application (1141 : 2013 Harley Owners Group (HOG) Rally Sponsorship) This application MUST BE c completed in its entirety for funding consideration.. Business/Organization Name Submitting Application: Business/Organization: Florida State HOG Rally, Inc. Contact Person: Bruce E. Fuller Title: Rally Coordinator Phone: 352-516-6485 Alt Phone: Contact Email: harkone75@aol.com Fax: Web Address: www.floridastatehogrally.com Street Address: PO Box 91 City/ST/Zip: Tangerine, FL 32777 Event Information: Event Name: 2013 Florida State HOG Rally Event Description: The 2013 Florida State HOG Rally will be a five day event that brings together HOG Members from all over the USA. This is the annual Florida State HOG Rally which takes place only one time a year. We are adding one more day in 2013 because of Harley Davidson’s 110th Anniversary. Event Dates – From: October 21,, 2013 To: October 26, 2013 Event Location: Destin and Fort Walton Beach, FL Has location been secured? YES X NO If not, when will location be confirmed? The main event location/host hotel is the Ramada Plaza Beach Resort. Additional activities will take place throughout Destin and Fort Walton Beach, and these locations will be confirmed after the completion of the 2012 Rally on November 3 rd. 1 Packet Pg. 83  7.6.a Attachment: HOG Rally Sponsorship Application (1141 : 2013 Harley Owners Group (HOG) Rally Sponsorship) Explain the marketing resources/support you have in place to ensure that this e event vent will successfully attract visitors to the Emerald Coast. The Florida State HOG Rally works with Harley dealerships and other motorcycle events to promote the Florida Rally. The Florida State HOG Rally has worked with local businesses during 2010 and 2011, and has already gained support during an initial meeting in early October. Additionally, the Florida State HOG Rally has the support of the National HOG Rally organization organization. Event Management History (3 years) years): Events Size of Event (i.e. Location: Number of Room created/managed Year Held: number of City/States Nights: by applicant: participants): participant FL State Hog Rally St. Augustine, FL 2009 Estimate = 1800- 1800 participants 2800 FL State Hog Rally Destin/FWB, FL 2010 Estimate = 1800+ 1800 participants FL State Hog Rally Destin/FWB, FL 2011 Estimate = 2200+ 2200 participants FL State Hog Rally Lake County, FL 2012 TBD TBD Sponsorship Funding Requested: Description: Amount: Sponsorship $35,000 Miscellaneous Items Requested/Host Requested/Host: Assistance in securing event permit for use of The Boardwalk’s parking lot Planned Pre-Event Event Attendance Stimulation & Destination Destination/Marketing Efforts: Efforts Describe the planned d advertising and marketing for this event. 1. Pass out Florida State HOG Rally merchandise and promote Florida HOG Rally at various motorcycle events including: a. Bike Week - Daytona Beach , FL – March 8-17, 2013 b. Thunder Beach– Panama City Beach, FL – May 1-5, 2013 c. Sturgis Motorcycle Rally – Sturgis, SD – Aug.5-11, 2013 d. Leesburg Bike Fest – Leesburg, FL – April 26-28, 2013 e. Harley Davidson 110 th Anniversary Celebration – Milwaukee, WI – Aug. 29 – Sept. 1, 2013 2. Send posters, rally magnets, and post cards to 600+ Harley dealerships 3. Direct Mail 7,000 - 8,000 previous attendees 2 Packet Pg. 84  7.6.a 4. Place one ad in the following magazines around 60 days prior to the end of Attachment: HOG Rally Sponsorship Application (1141 : 2013 Harley Owners Group (HOG) Rally Sponsorship) pre-registration a. HOG Magazine b. Thunder Roads Magazine c. Rebel Roads Magazine 5. Have all sponsors logos and links on www.FLStateHOGRally.com Describe how the proposed advertising and marketing will increase awareness of the Emerald Coast as a tourist destinati destination and generate attendance for the event. The proposed advertising and marketing will increase awareness of the Emerald Coast because all collateral will state the location as Destin and Fort Walton Beach. The HOG Rally’s website will also link directly to the Emerald Coast’s website. The proposed posed advertising and marketing will generate attendance by marketing directly to Harley Davidson riders at dealerships they shop at and other events they attend. Also, the direct mail piece will reach HOG members who have already participated in this eventt and gotten to experience Destin/Fort Walton Beach. Describe the audience/market that this event will attract. The Florida State HOG Rally attracts Harley Davidson owners with on average an $80,000 + annual income. 50% of the members own 2 Harleys in their household. Describe the distribution plan for promotional items and collateral. If mass media is being considered, please outline media plans for out-of-market advertising. Promotional items and collateral will be distributed at other motorcycle events and at Harley Davidson dealerships as described above. The print ad in HOG Magazine will be distributed to al all full and full life numbers nationally. Thunder Roads and Rebel Roads will be distributed to riders throughout the state of Florida. Projected Room Nights to the Emerald Coast Area: Please list the event’s lodging and non non-lodging partners: Lodging Partners: Non-Lodging Partners: Tentative – All sponsorships will be confirmed by mid mid-February 2013. Ramada/Destin West Helenback ResortQuest AJ’s Best Western Fort Walton Beach McGuire’s SummerPlace Inn Hard Rock Café Emerald Grande TGI Friday’s Heritage Harley Fudpucker’s 3 Packet Pg. 85  7.6.a How do your attendees make reservations and fill rooms along the Emerald Coast? Attachment: HOG Rally Sponsorship Application (1141 : 2013 Harley Owners Group (HOG) Rally Sponsorship) How do you obtain post event pick--up information about rooms booked for your event from your lodging partners? A majority of attendees will go to the Florida State HOG Rally website and view the sponsor properties. They will then click through to the property’s website to book. To obtain better post event information a promo code should be established that is agreed upon by all hoteliers/condos to use to signify they are booking with the HOG Rally. Also, attendees may give this code over the phone if booking that way. As of now, this code is to be determined. Approximately, how many out of town vi visitors will come to this event? 2,500 visitors Approximately, how many room nights will be booked for this event? 2,500 visitors x 4 room nights = 10,000 room nights + 1,250 room nights on Tuesday night = Total Estimated Room Nights of 11,250. On average, how many nights do you project these visitors remain in town? On average, most visitors will stay 4 nights (Wednesday, Thursday, Friday and Saturday). However, some will also stay Monday and Tuesday night. Signature: Upon completing this application in its entirety, please read the following statement and affix your signature accordingly. I am submitting this application on behalf of my business/organization’s event and am aware that this application will be review reviewed and scored by the TDC and funding recommendation submitted to the Okaloosa County Board of Cou County nty Commissioners for final approval. I have completed this application completely and accurately to the best of my ability. I understand that all information submitted will be used to determine funding eligibility, and I have not misrepresented anything ffor financial gain. ________________________________ _ ________________________________ Signature of Applicant Date of Application _________________________________ Printed Name of Applicant 4 Packet Pg. 86  7.7 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: Richard Brannon SUBJECT: Bid Award for Janitorial Services for Health Dept DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Bids were opened on October 5, 2012. Bids were received from five (5) companies (see attached). Executive Cleaning Inc. (Milton, FL) is the low bidder meeting specifications at $63,752.26 annually. BACKGROUND: This contract covers Janitorial Services for the Crestview and Ft. Walton Beach Health Departments. Funding is provided by the Board of County Commissioners and is in the current FY budget. OPTIONS: Approve or Reject RECOMMENDATIONS: Staff recommends awarding to Executive Cleaning Inc; they being low bidder meeting specifications, and authorizing the Chairman to sign the contract upon receipt of required documentation. RECOMMENDED BY: APPROVED BY: Packet Pg. 87  7.7 James D. Curry, County Administrator Packet Pg. 88  7.7.a Packet Pg. 89 Attachment: Contract Award - Okaloosa CHD (Janitorial) (1142 : Bid Award for Janitorial Services for Health Dept)  7.7.b BID TABULATION JANITORIAL SERVICES FOR OKALOOSA COUNTY HEALTH DEPARTMENT (FWB & CRESTVIEW) Attachment: RFB-Janitorial Serv FWB & C'view _tab (1142 : Bid Award for Janitorial Services for Health Dept) BID OPENS: OCTOBER 25, 2012 @ 3:00 P.M. VENDOR AMOUNT A ADVANCED APPEARANCE SPECIALISTS $140,000.00 EXECUTIVE CLEANING, INC. $63,752.26 JANI-KING OF PENSACOLA $104,532.12 GATLIN CONSOLIDATED SERVICES $104,280.00 COHESIVE ENTERPRISE, LLC $83,067.00 Packet Pg. 90  7.8 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: John Vaughn SUBJECT: Interlocal Fueling Agreement with City of Crestview DEPARTMENT: Fleet BCC DISTRICT: 1 STATEMENT OF ISSUE: Fleet Operations seeks to enter into an interlocal fueling agreement with the City of Crestview. BACKGROUND: Under this interlocal agreement the County will extend to the City a full array of fueling services now offered to our other customers. The City will begin to use County issued Fuelman fueling cards. Fuel sold to the City will be at the same price all other Fleet Operations customers pay. The City will have access to the County's fueling site in Crestview. The term of this agreement is five (5) years. RECOMMENDATION: Authorize staff enter into Interlocal Fueling Agreement with City of Crestview with the Chairman to sign this agreement. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 91  7.8.a Packet Pg. 92 Attachment: Completed Coordination - Interlocal Fueling Agreement CV (1109 : Interlocal Fueling Agreement with City of Crestview)  7.8.b Packet Pg. 93 Attachment: Interlocal Fuel Agreement CV (1109 : Interlocal Fueling Agreement with City of Crestview)  7.8.b Packet Pg. 94 Attachment: Interlocal Fuel Agreement CV (1109 : Interlocal Fueling Agreement with City of Crestview)  7.8.b Packet Pg. 95 Attachment: Interlocal Fuel Agreement CV (1109 : Interlocal Fueling Agreement with City of Crestview)  7.9 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Pavement Preservation/Cold Mix Rehabilitation Update and Changes DEPARTMENT: Public Works BCC DISTRICT: ALL STATEMENT OF ISSUE: The Public Works Roads Division has procured a contract with Asphalt Paving Systems (APS) to perform various types of pavement preservation treatment methods, including Fog Seal, Chip Seal, Double Chip Seal and Micro-surfacing. The Micro- surfacing has been completed and staff wishes to make changes to the type of treatments on the roads list based on our recent experience with the new treatment techniques. BACKGROUND: The Public Works Road Division compiles a list annually of roads that could benefit from a surface treatment to preserve the road and extend its useful life at a lesser cost than traditional overlay. To stretch the budgeted dollars, staff recommends a combination of treatments that vary from traditional overlay to Fog Seal in addition to an annual Cold Mix Rehabilitation program that is distinct from typical road sections. The Cold Mix Rehabilitation program focuses on specifically cold mixed roads. After applying micro-surfacing to a cold mix roadway, it was found that the application technique is not well suited to that particular type of road surface and experienced considerable cost/material overruns as a result. After further consultation with APS staff, it was agreed that it will be best to change the remaining cold mix roadways to a Chip Seal treatment to better control costs. Additionally, it was found that a road was inadvertently programmed to receive a Double Chip Seal when staff and the contractor agree that Micro-surfacing is more appropriate. It should be noted that the material overruns may cause the District 3 resurfacing to be over budget for the FY'12 roadways by a relatively small amount (+/-$1,000 pending final audit and invoicing from APS). District 1 - Finch and John Nix Roads will change from Micro-surfacing to Chip Seals Packet Pg. 96  7.9 District 2 - No change District 3 - No change District 4 - No change District 5 - Nassau Dr - will change from Double Chip Seal to Micro-surfacing (to be done later this year when the vendor mobilizes for the FY '13 road lists) OPTIONS: Approve/Disapprove RECOMMENDATIONS: Staff recommends moving forward with recommended changes to the roads treatment list. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 97  8.1.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board SUBJECT: Law Enforcement Trust Fund Disbursement The Sheriff's Office submitted a request for LETF Disbursement in the following areas: 1.Crime Prevention: Crime Prevention Promotion Display, USO Golf For Heroes $500; Crime Prevention Presentation, Students with a Purpose $300 2. Donations: Crime Prevention Partnership, NAACP 2012 Freedom Fund $500 Total Disbursement Requested: $1,300 Packet Pg. 98 Packet Pg. 99 8.1.1.a Attachment: LETF Support Documents.pdf (1130 : Law Enforcement Trust Fund Disbursement)  8.1.1.a Packet Pg. 100 Attachment: LETF Support Documents.pdf (1130 : Law Enforcement Trust Fund Disbursement)  8.1.1.a Packet Pg. 101 Attachment: LETF Support Documents.pdf (1130 : Law Enforcement Trust Fund Disbursement)  8.1.1.a Packet Pg. 102 Attachment: LETF Support Documents.pdf (1130 : Law Enforcement Trust Fund Disbursement)  8.1.1.a Packet Pg. 103 Attachment: LETF Support Documents.pdf (1130 : Law Enforcement Trust Fund Disbursement)  8.1.1.a Packet Pg. 104 Attachment: LETF Support Documents.pdf (1130 : Law Enforcement Trust Fund Disbursement)  8.1.1.a Packet Pg. 105 Attachment: LETF Support Documents.pdf (1130 : Law Enforcement Trust Fund Disbursement)  8.1.1.a Packet Pg. 106 Attachment: LETF Support Documents.pdf (1130 : Law Enforcement Trust Fund Disbursement)  8.1.1.a Packet Pg. 107 Attachment: LETF Support Documents.pdf (1130 : Law Enforcement Trust Fund Disbursement)  8.1.1.a Packet Pg. 108 Attachment: LETF Support Documents.pdf (1130 : Law Enforcement Trust Fund Disbursement)  8.1.1.a Packet Pg. 109 Attachment: LETF Support Documents.pdf (1130 : Law Enforcement Trust Fund Disbursement)  8.2.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: Greg Donovan SUBJECT: Approval of Resolution to Refinance Capital Projects Loan DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: The BCC is requested to approve a resolution authorizing the refinancing of an existing $2 million loan. BACKGROUND: The Airport currently has a $2 million loan from the Florida Local Government Finance Commission for the purpose of financing various capital projects at County airports. There is an unspent balance of $875,742.51 from the previous loan which will be rolled into the new loan. Use of these funds will provide necessary matches to FAA and FDOT grants for new capital projects listed in Exhibit B. The refinancing is being done at this time because the loan principal is due in December 2012 and finance conditions are extremely favorable. The Airport intends to replace the loan with fixed rate bonds within the next year with BCC concurrence in conjunction with a potential refunding of its Series 2003 Bonds. Attached to the proposed BCC Resolution is a copy of the loan agreement which is for information only and should not be signed. The Loan Agreement will be executed at the same time as the closing documents a week or so before closing. OPTIONS: Approve, Reject or Table RECOMMENDATIONS: Approve and sign the Resolution and authorize the signature of the Loan Agreement when required for the closing. RECOMMENDED BY: Packet Pg. 110  8.2.1 APPROVED BY: James D. Curry, County Administrator Packet Pg. 111  8.2.1.a Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) LOAN AGREEMENT (AIRPORT REVENUES) AMONG FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION AND OKALOOSA COUNTY, FLORIDA AND JPMORGAN CHASE BANK, N.A. Dated as of December 4, 2012 FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION POOLED COMMERCIAL PAPER LOAN PROGRAM Packet Pg. 112  8.2.1.a TABLE OF CONTENTS Page Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) ARTICLE I DEFINITIONS SECTION 1.01. DEFINITIONS ...................................................................................... 6 ARTICLE II REPRESENTATIONS AND WARRANTIES OF PUBLIC AGENCY SECTION 2.01. REPRESENTATIONS AND WARRANTIES .................................. 17 ARTICLE III LOAN TERM AND THE LOANS SECTION 3.01. COMMENCEMENT OF LOAN TERM ............................................ 20 SECTION 3.02. TERMINATION OF LOAN TERM .................................................. 20 SECTION 3.03. THE LOANS. ..................................................................................... 20 SECTION 3.04. NOTICE OF DRAW........................................................................... 21 ARTICLE IV LOAN TERM AND LOAN CLOSING REQUIREMENTS SECTION 4.01. COMMENCEMENT DATE SUBMISSIONS ................................... 23 SECTION 4.02. CONDITIONS PRECEDENT TO LOANS AND DRAWS .............. 23 SECTION 4.03. LOAN SUBMISSIONS ...................................................................... 24 SECTION 4.04. DRAW SUBMISSIONS ..................................................................... 24 ARTICLE V LOAN REPAYMENTS SECTION 5.01. PAYMENT OF LOAN REPAYMENTS ........................................... 26 SECTION 5.02. CALCULATION OF LOAN RATE .................................................. 28 SECTION 5.03. LOAN REPAYMENTS ...................................................................... 29 SECTION 5.04. MAXIMUM LEGAL INTEREST RATE. ......................................... 30 SECTION 5.05. COSTS OF ISSUANCE ..................................................................... 30 SECTION 5.06. MANDATORY PREPAYMENT ....................................................... 31 SECTION 5.07. OBLIGATIONS UNCONDITIONAL ............................................... 31 SECTION 5.08. COORDINATION WITH AIRPORT INDENTURE ........................ 31 ARTICLE VI SECURITY FOR LOANS AND PUBLIC AGENCY COVENANTS SECTION 6.01. STATUS OF LOAN OBLIGATIONS ............................................... 33 i Packet Pg. 113  8.2.1.a SECTION 6.02. SECURITY FOR LOAN REPAYMENTS ........................................ 33 SECTION 6.03. PLEDGED REVENUES .................................................................... 33 Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) SECTION 6.04. COVENANT TO BUDGET AND APPROPRIATE ......................... 34 SECTION 6.05. PAYMENT COVENANT .................................................................. 35 SECTION 6.06. ADDITIONAL COVENANTS .......................................................... 36 ARTICLE VII ASSIGNMENT AND PAYMENT BY THIRD PARTIES SECTION 7.01. ASSIGNMENT BY COMMISSION .................................................. 41 SECTION 7.02. ASSIGNMENT BY PUBLIC AGENCY ........................................... 41 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES SECTION 8.01. EVENTS OF DEFAULT DEFINED. ................................................. 42 SECTION 8.02. NOTICE OF DEFAULT..................................................................... 43 SECTION 8.03. REMEDIES ON DEFAULT............................................................... 43 SECTION 8.04. ATTORNEY'S FEES AND OTHER EXPENSES ............................. 44 SECTION 8.05. APPLICATION OF MONEYS .......................................................... 44 SECTION 8.06. NO REMEDY EXCLUSIVE; WAIVER, NOTICE ........................... 44 SECTION 8.07. ASSIGNMENT TO BANK ................................................................ 45 ARTICLE IX EXCESS FUNDS SECTION 9.01. EXCESS FUNDS................................................................................ 46 ARTICLE X MISCELLANEOUS SECTION 10.01. NOTICES ............................................................................................ 47 SECTION 10.02. BINDING EFFECT ............................................................................ 48 SECTION 10.03. SEVERABILITY ................................................................................ 48 SECTION 10.04. AMENDMENTS, CHANGES AND MODIFICATIONS ................. 48 SECTION 10.05. EXECUTION IN COUNTERPARTS ................................................ 48 SECTION 10.06. APPLICABLE LAW .......................................................................... 49 SECTION 10.07. WAIVER OF JURY TRIAL ............................................................... 49 SECTION 10.08. BENEFIT OF NOTEHOLDERS; COMPLIANCE WITH INDENTURE ................................................................................. 49 SECTION 10.09. CONSENTS AND APPROVALS ...................................................... 49 SECTION 10.10. IMMUNITY OF OFFICERS, EMPLOYEES AND MEMBERS OF COMMISSION ........................................................................ 49 SECTION 10.11. CAPTIONS ......................................................................................... 49 ii Packet Pg. 114  8.2.1.a SECTION 10.12. NO PECUNIARY LIABILITY OF COMMISSION ......................... 49 SECTION 10.13. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) HOLIDAYS ................................................................................... 50 SECTION 10.14. RIGHT OF OTHERS TO PERFORM PUBLIC AGENCY'S COVENANTS................................................................................ 50 EXHIBIT A FORM OF PUBLIC AGENCY COUNSEL'S OPINION.............. A-1 EXHIBIT B FORM OF PUBLIC AGENCY'S CERTIFICATE ........................ B-1 EXHIBIT C CREDIT FACILITY FEE CERTIFICATE ................................... C-1 EXHIBIT D FORM OF NOTE ........................................................................... D-1 EXHIBIT E AGREEMENT RE: CONTINGENCY ACCOUNT ...................... E-1 iii Packet Pg. 115  8.2.1.a LOAN AGREEMENT Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) THIS LOAN AGREEMENT (AIRPORT REVENUES), dated as of December 4, 2012 is entered into among the FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION (the "Commission"), a legal entity and a public body corporate and politic created pursuant to Part I of Chapter 163, Florida Statutes (the "Interlocal Act"), and OKALOOSA COUNTY, FLORIDA (the "Public Agency"), a duly constituted political subdivision of the State of Florida (the "State") and JPMORGAN CHASE BANK, N.A. (the "Bank"), a national banking association. WHEREAS, the Commission was created for the benefit of duly constituted counties, municipalities and other public agencies as described in the Interlocal Act (collectively, the "Public Agencies"), desiring to participate in a pooled commercial paper loan program in order to obtain cost effective, short-term financing for acquiring, constructing and equipping capital improvements and for other governmental needs; and WHEREAS, the Commission has determined that there is substantial need within the State for a pooled commercial paper loan program (the "Program") which will allow loans to be made to Public Agencies in the State in order to provide funds to such Public Agencies to enable them to acquire, construct and equip capital improvements and to finance other governmental needs; and WHEREAS, the Commission is authorized under the Interlocal Act to issue its obligations to make loans in order to provide funds for such purposes; and WHEREAS, the Commission has determined that the public interest will best be served and that the purposes of the Interlocal Act can be satisfied by the Commission's issuance of commercial paper notes in order to make loans in order to provide funds to Public Agencies desiring to finance the cost of acquiring, constructing and equipping capital improvements and, to the extent permitted by the terms of this Loan Agreement, to finance other governmental needs; and WHEREAS, in furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes" (the "Notes"), pursuant to the terms of a certain Indenture of Trust, dated as of June 6, 2011 between the Commission and the Trustee (as defined herein) (such Trust Indenture, as amended or supplemented, is referred to herein as the "Indenture"); and WHEREAS, such Notes may be issued under the Indenture as two separate series and shall be further designated as "Series A-1 (Governmental Issue)" and "Series B-1 (AMT Issue)"; and 4 Packet Pg. 116  8.2.1.a WHEREAS, pursuant to the authority of the Interlocal Act, the Commission desires to loan, from time to time, to the Public Agency such amounts as shall be Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) authorized herein in order to enable the Public Agency to finance various capital improvements and other governmental needs and to pay a pro rata share of the costs of issuing the aforementioned Notes, and the Public Agency desires to borrow various amounts from the Commission subject to the terms and conditions of and for the purposes set forth in this Loan Agreement; and WHEREAS, the Bank desires to provide its Credit Facility for credit and liquidity support for the Program; and WHEREAS, the Public Agency is authorized under and pursuant to Chapter 125, Florida Statutes, the Interlocal Act and other applicable provisions of law to enter into this Loan Agreement for the purposes set forth herein; and WHEREAS, the Commission and the Public Agency have determined that the provision of funds by the Commission to the Public Agency pursuant to the terms of this Loan Agreement and the Indenture will assist in the development and maintenance of the public welfare of the residents of the State and the areas served by the Public Agency, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs; NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the parties hereto agree as follows: 5 Packet Pg. 117  8.2.1.a ARTICLE I DEFINITIONS Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) SECTION 1.01. DEFINITIONS. Unless the context or use indicates another meaning or intent, the following words and terms as used in this Loan Agreement shall have the following meanings (or the meaning specified in the Section hereof or in the document herein referenced), and any other words and terms not otherwise defined herein which are defined in the Indenture shall have the meanings as therein defined. "Accountant" or "Accountants" means an independent certified public accountant or a firm of independent certified public accountants as to whom neither the Commission nor the Bank makes a reasonable objection. "Act" means, collectively, the Interlocal Act, Chapter 125, Florida Statutes, and all other applicable provisions of law. "Act of Bankruptcy" means a petition filed by or against the Public Agency seeking relief as a debtor under the federal bankruptcy laws or under any other similar applicable law or statute of the United States of America or of the State relating to bankruptcy or insolvency. "Actual Monthly Interest" means, with respect to all Loans of the Public Agency funded from Commercial Paper Notes of a Series, the sum of the Daily Loan Rate times the Daily Loan Balance for each actual day of the period with respect to which such calculation is made. "Additional Payments" means the payments required to be made by the Public Agency pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05, 6.06(e) and 8.04 of this Loan Agreement. "Adjusted One-Month LIBOR" means the sum of 2.50% plus the quotient of (1) the LIBOR on the immediately preceding Business Day for dollar deposits with a maturity equal to one-month, divided by (2) one minus the "reserve requirement" applicable to dollar deposits in the London interbank market with a maturity equal to one month. "Administration Agreement" means that certain Program Administration Agreement, dated as of June 6, 2011, between the Commission and the Administrator, as amended and supplemented from time to time. "Administrator" means the Florida Association of Counties, Inc., a Florida nonprofit corporation, or such other program administrator selected by the Commission and approved by the Bank in writing to administer the making, originating and administration of the Loans or any portion thereof and to act as the Commission's agent as set forth in the Administration Agreement. 6 Packet Pg. 118  8.2.1.a "Aggregate Monthly Investment Earnings" means the aggregate amount of earnings credited to the applicable Interest Payment Account from the investment of the Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) daily balances in the Accounts relating to a Series of Commercial Paper Notes for each day of the actual number of days of the period with respect to which such calculation is made. "Aggregate Note Interest" means, with respect to a Series of Commercial Paper Notes, the aggregate amount of interest paid or accrued on all of the Commercial Paper Notes of such Series on the basis (year containing 365/366 days or actual number of days elapsed) set forth in such Commercial Paper Notes during the period with respect to which such calculation is made and if the principal of any Commercial Paper Note is paid with a draw on the Credit Facility which has not been reimbursed, the interest accruing on the Public Agency's Proportionate Share of such drawing in accordance with the provisions of the Credit Agreement until such drawing has been reimbursed. "Aggregate Portfolio Balance" means the sum of Daily Loan Balances for the Public Agency and all other government entities participating in the Program under the same Series of Commercial Paper Notes for each day of the actual number of days of the period with respect to which such calculation is made. "Airport Indenture" means that certain Master Indenture of Trust between the Public Agency and The Bank of New York (as successor to JPMorgan Chase Bank), dated as of August 1, 2003, as amended and supplemented from time to time, and any successor instrument thereto. "Alternate Credit Facility" has the meaning given such term in the Indenture. "Arbitrage Certificate" means the Certificate as to Arbitrage and Certain Other Tax Matters of the Public Agency and any reaffirmations or renewals thereof or new Certificate as to Arbitrage and Certain Other Tax Matters, all as described in Section 6.06(j)(ii) hereof. "Authorized Officer" means, when used with respect to the Commission, the Chairman of the Board of Directors thereof and such other designated member, agent or representative as may hereafter be selected by Commission resolution, when used with respect to the Administrator, shall mean the person or persons designated by the Administrator, and, when used with reference to a Public Agency, means the person or persons designated by the Public Agency in writing to the Administrator and the Commission and, when used with reference to an act or document, also means any other person authorized by resolution to perform such act or sign such document. "Bank" means JPMorgan Chase Bank, N.A., a national banking association, as issuer of the Letter of Credit, and any successor thereof, and any issuer or issuers of an Alternate Credit Facility with respect to the Commercial Paper Notes. 7 Packet Pg. 119  8.2.1.a "Bank Rate" means the interest rate charged by the Bank to the Commission pursuant to Section 2.16(b) of the Credit Agreement for any draws made against the Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) Credit Facility to pay maturing Commercial Paper Notes which could not be remarketed by the Dealer. Initially, the Bank Rate shall mean (1) for the first 120 days such Bank Rate is applicable with respect to a Loan, the Base Rate, (2) after the first 120 days such Bank Rate is applicable with respect to a Loan through the stated expiration date of the Credit Facility, the Base Rate plus 1.00%, and (3) thereafter, the Base Rate plus 2.00%. Notwithstanding the foregoing, the Bank and the Commission may amend the definition of Bank Rate under the Credit Agreement from time to time without the consent of the Public Agency. "Base Rate" means the higher of (1) the Loan Rate, (2) the Prime Rate, (3) Adjusted One-Month LIBOR, and (4) 7.5%; provided, however, in the event that the short term ratings of the Bank from Standard & Poor's Ratings Group and Moody's Investors Service fall below "A-1" and "P-1," respectively, the percentage set forth in clause (3) herein shall be 4.5% for the first 120 days the Base Rate is applicable. "Board" means the governing body of the Public Agency. "Bond Counsel" means Nabors, Giblin & Nickerson, P.A., Tampa, Florida, or any other nationally recognized bond counsel acceptable to the Commission and the Administrator. "Business Day" means any day excluding Saturday, Sunday, any other day on which banks in New York City or the cities in which the designated corporate trust office of the Trustee or the office of the Bank at which drawings may be presented under the Letter of Credit are located are lawfully closed and any day on which the Depository Trust Company is closed. "Code" means the Internal Revenue Code of 1986, as amended, and the regulations promulgated or proposed thereunder. "Commencement Date" means December 4, 2012 which is the date when the term of this Loan Agreement begins and the obligation of the Public Agency hereunder to make Loan Repayments, if any, commences. "Commercial Paper Notes" or "Notes" means any Outstanding Florida Local Government Finance Commission Pooled Commercial Paper Notes issued from time to time pursuant to the Indenture. The term "Commercial Paper Notes" shall include both Series of Commercial Paper Notes issued pursuant to the Indenture, unless the context indicates otherwise. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors in function thereto. 8 Packet Pg. 120  8.2.1.a "Commitment" shall have the meaning ascribed thereto in the Credit Agreement, as it may be modified from time to time pursuant to the Credit Agreement. Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) "Cost" or "Costs," to the extent permitted by law, as the same relates to a Project, shall mean (1) the cost of physical construction, reconstruction or completion; (2) the cost of acquisition or purchase; (3) the cost of all labor, materials, machinery and equipment; (4) the cost of land and interests therein, property rights, easements and franchises of any nature whatsoever; (5) the cost of any indemnity and surety bonds and premiums for insurance during construction; (6) all interest due to be paid on account of this Loan Agreement and other obligations relating to such Project during the period of construction and for such period of time subsequent to completion of acquisition and construction as the Public Agency deems appropriate; (7) engineering, financial, legal and other consultant fees and expenses; (8) the cost of plans and specifications, construction plans, surveys and estimates of costs; (9) payments, when due (whether at the maturity of principal or the due date of interest or upon redemption) on any interim or temporary indebtedness incurred for any portion of such Project; (10) amounts required for reserve funds; (11) costs and expenses related to the Loan Agreement, issuance of the Commercial Paper Notes or other indebtedness related to such Project, all financing charges, and any expenses related to any liquidity facility or credit facility; (12) Additional Payments; and (13) any other costs and expenses properly attributable to acquisition, construction or equipping of such Project, and such other expenses as may be necessary or incidental to this Loan Agreement and the issuance of the Commercial Paper Notes; and shall include reimbursement to the Public Agency for any moneys advanced for any costs incurred by the Public Agency in connection with any such items of cost. "Counsel" means an attorney or firm of attorneys duly admitted to practice law before the highest court of any state and, without limitation, may include legal counsel for the Commission, the Public Agency, the Trustee, the Dealer or the Bank. "Credit Agreement" means that certain Reimbursement Agreement, dated as of June 6, 2011, between the Commission and the Bank, including any amendments and supplements thereto, and any agreement pursuant to which an Alternate Credit Facility is issued. "Credit Facility" means the Letter of Credit issued by the Bank, or any Alternate Credit Facility. "Daily Investment Balance" means that portion of the amounts on deposit in the Accounts relating to a Series of Commercial Paper Notes which are credited by the Trustee to each public agency in accordance with the provisions of Section 3.03(f) of the Indenture as of any day with respect to which such calculation is made. "Daily Investment Credit Rate" means the quotient of: (1) the Aggregate Monthly Investment Earnings, divided by (2) the sum of Investment Balances with 9 Packet Pg. 121  8.2.1.a respect to loans funded from all Series of Commercial Paper Notes for the period with respect to which such calculation is made. Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) "Daily Loan Balance" means the principal balance of all Loans of the Public Agency funded from Commercial Paper Notes of a Series outstanding on the day with respect to which such calculation is made. "Daily Loan Rate" means, with respect to a Series of Commercial Paper Notes, the quotient of: (1) the Aggregate Note Interest, divided by (2) the Aggregate Portfolio Balance for the period with respect to which such calculation is made. "Dealer" means JPMorgan Chase Securities Inc. acting in its capacity as rate setting agent and dealer for the Commercial Paper Notes pursuant to the Dealer Agreement, or its successors and assigns or any other entity or entities designated by the Commission in writing. "Dealer Agreement" means that certain Commercial Paper Dealer Agreement, dated as of June 6, 2011 between the Commission and the Dealer, and any and all modifications, alterations, amendments or supplements thereto, and any other Dealer Agreement entered into by the Commission and the Dealer with respect to the Commercial Paper Notes. "Debt" of the Public Agency means at any date (without duplication) all of the following to the extent that they are general obligations of the Public Agency or are payable in whole or in part from Non-Ad Valorem Revenues: (1) all obligations of the Public Agency for borrowed money or evidenced by bonds, debentures, notes or other similar instruments; (2) all obligations of the Public Agency to pay the deferred purchase price of property or services, except trade accounts payable under normal trade terms and which arise in the ordinary course of business; (3) all obligations of the Public Agency as lessee under capitalized leases; and (4) all indebtedness of other Persons to the extent guaranteed by, or secured by Non Ad-Valorem Revenues of, the Public Agency. "Default" means any of the events specified in Section 8.01 hereof which with the passage of time or giving of notice or both would constitute an Event of Default hereunder. "Default Rate" means the Base Rate plus 4.00% per annum; provided, however, the Default Rate shall never exceed the Maximum Legal Rate. "Designated Revenues" shall mean (1) the Net Revenues to the extent provided herein, (2) the proceeds of the Loans pending the application thereof, (3) the Public Agency Moneys, if any, (4) the proceeds of any obligations issued to refinance Projects financed or refinanced hereunder, and (5) the Pledged Revenues, if any, which shall additionally secure the Loan Repayments as provided in Section 6.03 hereof. 10 Packet Pg. 122  8.2.1.a "Draw" means the borrowing of money under this Loan Agreement in accordance with Article III hereof. Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) "Draw Date" means, with respect to Loans financed with proceeds of the Commercial Paper Notes, the date or dates upon which Draws are funded, which dates shall be agreed to by the Bank, the Administrator and the Public Agency prior to each Draw Date. "Draw Request" means the request by the Public Agency to the Commission for a Draw under its Loan and the corresponding authentication and delivery of a Commercial Paper Note or Commercial Paper Notes of a particular Series. "Estimated Monthly Interest" means, for each calendar month, (1) the Estimated Monthly Rate times the Daily Loan Balance of all Loans of the Public Agency funded from Commercial Paper Notes of a Series which are expected to be outstanding during the calendar month with respect to which such calculation is made, less (2) the sum of (a) the applicable Monthly Investment Credit, plus (b) the Monthly Excess Credit (based on the second prior calendar month). Notwithstanding the foregoing, the Administrator shall calculate the Estimated Monthly Interest for any period occurring before the first Interest Calculation Period as it shall determine in its sole discretion. "Estimated Monthly Rate" means, for each calendar month, 110% of the sum of the Daily Loan Rates for Commercial Paper Notes of a Series during the immediately preceding Interest Calculation Period. Notwithstanding the foregoing, the Administrator may, at any time and from time to time, recalculate the Estimated Monthly Rate in accordance with the requirements of Section 3.03(b) of the Indenture. "Event of Default" has the meaning given such term in Section 8.01 of this Loan Agreement. "Expiration Date" means the scheduled date of expiration of the Credit Facility as the same may be extended from time to time pursuant to the terms thereof. "Holders" or "Noteholders" means the registered owners of the Outstanding Commercial Paper Notes. "Indenture" means that certain Indenture of Trust, dated as of June 6, 2011, between the Commission and the Trustee, as the same may be amended and supplemented from time to time. "Interest Calculation Period" means the period commencing on the day (whether or not a Business Day) next succeeding the last day of the previous Interest Calculation Period and ending on the fifteenth (15th) day of the next succeeding calendar month; provided, however, that the first Interest Calculation Period shall be the period commencing on the first sixteenth (16th) day of a calendar month which occurs after the 11 Packet Pg. 123  8.2.1.a date of initial issuance of Commercial Paper Notes hereunder and ending on fifteenth (15th) day of the next succeeding calendar month. Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) "Interlocal Act" means Part I of Chapter 163, Florida Statutes. "Interlocal Agreement" means that Interlocal Agreement, dated as of February 19, 1991, among Brevard County, Florida, Collier County, Florida and Sarasota County, Florida, pursuant to which the Commission was created and the Pooled Commercial Paper Loan Program was authorized, as amended and supplemented from time to time. "Investment Balances" means the sum of the daily balances in the Accounts relating to a Series of Commercial Paper Notes for each day of the actual number of days of the period with respect to which such calculation is made. "Letter of Credit" means the irrevocable letter of credit issued by the Bank under the terms and conditions set forth in the Credit Agreement in order to secure the payment of principal of and interest on the Commercial Paper Notes. "LIBOR" means for any interest period, the rate for U.S. dollar deposits with a maturity equal to the same interest period, as reported on Reuters Screen LIBOR01 page as of 11:00 AM London time on the second London business day prior to the first date of such interest period. If the foregoing rate is unavailable for any reason, then the rate shall be determined by the Bank from any other successor or substitute page of the Moneyline Telerate Service or any other publication or interest rate reporting service of recognized standing which provides rate quotations comparable to those currently provided on such page, as determined by the Bank from time to time for purposes of providing quotations of interest rates applicable to U.S. dollar deposits in the London interbank market. "Loan" means the loan or loans made, from time to time, by the Commission to the Public Agency pursuant to Section 3.03 hereof. Each loan shall be made to finance or refinance a Project or to finance Public Agency Expenses approved by the Administrator and the Bank in accordance with Section 4.04 hereof. "Loan Agreement" means this Loan Agreement, as the same may be amended and supplemented from time to time. "Loan Amounts" means the amount of Loans Outstanding at any time of calculation. "Loan Note" means a note of the Public Agency evidencing the obligations incurred hereunder by the Public Agency on account of a Draw made in regard to a Loan, which shall be in substantially the form provided in Exhibit D hereto. 12 Packet Pg. 124  8.2.1.a "Loan Rate" means the rate of interest the Loan shall bear, which is described in Sections 5.01 and 5.02 hereof; provided, however, the Loan Rate shall never exceed the Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) Maximum Legal Rate. "Loan Repayments" or "Repayments" means the payments of principal and interest on the Loan Amounts payable by the Public Agency pursuant to the provisions of this Loan Agreement and all other payments, including Additional Payments, payable by the Public Agency pursuant to the provisions of this Loan Agreement. "Loan Term" means the term of each Loan as provided in Sections 4.02 and 4.03 hereof. "Maximum Legal Rate" means (1) in the case of a Loan Note, the maximum rate of interest such Loan Note may bear under applicable law and, (2) in the case of Commercial Paper Notes, the maximum rate of interest such Commercial Paper Notes may bear under applicable law; provided, however, that the rate determined under clause (2) shall never be greater than the rate determined under clause (1). "Maximum Loan Amount" means the maximum amount of Loans which at any time is permitted to be outstanding hereunder as provided in, and subject to the terms and conditions of, Section 3.03 hereof. "Monthly Excess Credit" means, for a month, with respect to all Loans of the Public Agency funded from Commercial Paper Notes of a Series the difference (whether or not less than zero) between the Estimated Monthly Interest and the Actual Monthly Interest for the month with respect to which such credit is given. "Monthly Investment Credit" means, for a month, with respect to the Public Agency, the sum of the Daily Investment Credit Rates times the Daily Investment Balance for each day of the actual number of days of the month with respect to which such calculation is made. "Net Revenues" for any fiscal year of the Public Agency or other period of time shall mean Revenues for such year or period, less the amount needed for the payment of Operation and Maintenance Expenses for such year or period. "Non-Ad Valorem Revenues" shall mean all legally available revenues of the Public Agency derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required herein. "Non-Current Loan" means all of the Loans of the Public Agency funded from Commercial Paper Notes of a Series, during any period the Public Agency is in default in the payment, when due, of the principal of or interest on any Loan of the Public Agency, whether by acceleration or otherwise. 13 Packet Pg. 125  8.2.1.a "Operation and Maintenance Expenses" shall have the mean provided therefor in the Airport Indenture. Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) "Outstanding," in the context of the Commercial Paper Notes, has the meaning given such term in the Indenture. "Outstanding," in the context of the Loans, means the aggregate Loan Amounts less any Loan Amounts for which moneys have been deposited with the Trustee for the repayment thereof. "Person" means an individual, a corporation, a partnership, an association, a trust or any other entity or organization including a government or political subdivision or an agency or instrumentality thereof. "Pledged Revenues" shall mean the Public Agency Moneys, if any, of the Public Agency designated as added security for the Loan Repayments pursuant to Section 6.03 hereof. "Pooled Commercial Paper Loan Program" or "Program" means the pooled commercial paper loan program of the Commission authorized by the Interlocal Agreement and a resolution of the Commission. "Prime Rate" means for any day the greater of: (1) the rate of interest announced by the Bank from time to time as its prime commercial rate for U.S. dollar loans, or equivalent, as in effect on such day, with any change in the Prime Rate resulting from a change in said prime commercial rate to be effective as of the date of the relevant change in said prime commercial rate; or (2) the sum of (a) the rate determined by the Bank to be the average (rounded upwards, if necessary, to the next higher 1/100 of 1%) of the rates per annum quoted to the Bank at approximately 10:00 a.m. (New York time) (or as soon thereafter as is practicable) on such day (of, if such day is not a Business Day, on the immediately preceding Business Day) by two or more Federal funds brokers selected by the Bank for the sale to the Bank at face value of Federal funds in an amount equal or comparable to the principal amount owed to the Bank for which such rate is being determined, plus (b) 1/2 of 1% (0.50%). "Program Termination Date" shall have the meaning given such term in the Indenture. "Project" or "Projects" shall refer to the development, acquisition, construction and equipping of certain improvements and public facilities in the Public Agency. The Project or Projects to be financed or refinanced by each Loan shall be described in the resolution or ordinance of the Public Agency authorizing such borrowing, as the same may be amended from time to time by the Board. 14 Packet Pg. 126  8.2.1.a "Proportionate Share" means, at any time of calculation, a fraction the numerator of which is the Outstanding unpaid principal balance of the Loan Amounts of Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) the Public Agency under this Loan Agreement and the denominator of which is the sum of the Outstanding unpaid principal balance of all Loan Amounts of all Public Agencies under the loan agreements funded with the proceeds of the Commercial Paper Notes (whether such balances are unpaid because they are not then due or because they are past- due and in default). "Public Agency" means the signatory to this Loan Agreement which is a duly constituted political subdivision of the State, which Public Agency is using the Loan proceeds to finance, refinance and/or reimburse the Costs of Projects or Public Agency Expenses. "Public Agency Commitment" means that portion of the Commitment which is allocable or attributable to Loans of the Public Agency. "Public Agency Expenses" means, to the extent permitted by the terms of this Loan Agreement, expenses of the Public Agency which may include operating expenses or working capital of the Public Agency. Public Agency Expenses to be financed or refinanced by a Loan shall be described in the resolution or ordinance of the Public Agency authorizing such borrowing, as the same may be amended from time to time by the Board. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the Public Agency from Non-Ad Valorem Revenues for payment of the Loan Repayments pursuant to the Public Agency's covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of this Loan Agreement. "Repayment Schedule" means the schedule of repayments approved by the Administrator pursuant to Section 4.02 hereof, as the same may be modified from time to time in accordance with the terms of this Agreement, including Sections 3.04(c) and 5.01(c) hereof. "Revenues" shall have the meaning provided therefor in the Airport Indenture. "Senior Obligations" means any Bonds (as defined in the Airport Indenture) heretofore or hereafter issued and outstanding from time to time under the Airport Indenture. "Series" means the Series A Notes and the Series B Notes and any other series of Commercial Paper Notes authorized to be issued pursuant to the Indenture. "Series A Notes" means the "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A-1 (Governmental Issue)" issued pursuant to the Indenture. 15 Packet Pg. 127  8.2.1.a "Series B Notes" means the "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series B-1 (AMT Issue)" issued pursuant to the Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) Indenture. "State" means the State of Florida. "Trustee" means U.S. Bank, National Association, acting in its capacity as Trustee under the Indenture, or any successor trustee or co-trustee. "Trust Estate" has the meaning given such term in the Indenture. "Written" or "in writing" shall mean any form of written communication or a communication by means of telex, facsimile transmission device, telegraph or cable. 16 Packet Pg. 128  8.2.1.a ARTICLE II REPRESENTATIONS AND WARRANTIES OF Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) PUBLIC AGENCY SECTION 2.01. REPRESENTATIONS AND WARRANTIES. The Public Agency represents and warrants for the benefit of the Commission, the Administrator, the Trustee, the Bank and the Holders as follows: (a) Organization and Authority. The Public Agency is located in the State, is duly organized and validly existing as a political subdivision of the State and has all requisite power and authority to carry out the transactions contemplated hereby. (b) Full Disclosure. There is no fact that the Public Agency has not specifically disclosed in writing to the Commission, the Administrator and the Bank, prior to the date of its execution hereof, that materially and adversely affects or, so far as the Public Agency can now foresee, that will materially adversely affect, the financial condition of the Public Agency, the Non-Ad Valorem Revenues, the Designated Revenues or the ability of the Public Agency to perform its obligations under this Loan Agreement. To the best knowledge of the Public Agency, the financial statements, and any other written statement furnished by the Public Agency to the Commission, the Administrator and the Bank, do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein or herein not misleading, and since the date of such financial statements there has been no material adverse changes in the financial condition of the Public Agency. There is no fact known to the Public Agency which the Public Agency has not disclosed to the Commission, the Administrator and the Bank in writing which materially adversely affects the financial condition of the Public Agency. (c) Pending Litigation. Except as described in writing by the Public Agency to the Commission, the Administrator and the Bank, there are no proceedings pending, or to the best knowledge of the Public Agency threatened, against or affecting the Public Agency, in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would materially and adversely affect the financial condition of the Public Agency, the Non-Ad Valorem Revenues, the Designated Revenues or existence or powers or ability of the Public Agency to enter into and perform its obligations under this Loan Agreement. (d) Borrowing Legal and Authorized. The execution and delivery of this Loan Agreement and the Loan Notes, the consummation of the transactions provided for in this Loan Agreement, the security for Loan Repayments provided for herein, and compliance by the Public Agency with the provisions of this Loan Agreement: (i) are within the powers of the Public Agency and have been duly and effectively authorized by all necessary action on the part of the Public Agency; 17 Packet Pg. 129  8.2.1.a (ii) do not require approval by referendum of the qualified electors of the Public Agency (except to the extent such referendum has been heretofore held Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) and has approved the same); and (iii) do not and will not (A) conflict with or result in any breach of any of the terms, conditions or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Public Agency (other than the liens created hereby) pursuant to any indenture, loan agreement or other agreement or instrument to which the Public Agency is a party or by which the Public Agency, its properties or operations may be bound, or (B) with the giving of notice or the passage of time or both, constitute a breach or default of any such loan agreement, indenture or other agreement or instrument or so result in the creation or imposition of any such lien, charge, or encumbrance (other than the liens created hereby), or (C) result in any violation of the provisions of the Act, or any laws, ordinances, governmental rules or regulations or court orders to which the Public Agency, its properties or its operations may be bound. (e) No Defaults. No event has occurred and no condition exists that constitutes an Event of Default, or which with the passage of time or giving of notice, or both, would constitute an Event of Default. (f) Governmental Consent. The Public Agency has obtained all permits, approvals and findings of non-reviewability required by any governmental body or otherwise for its participation in the Pooled Commercial Paper Loan Program. The Public Agency has complied with all applicable provisions of law requiring any notification, declaration, filing or registration with any court, agency or other governmental body or officer in connection with its participation in the Pooled Commercial Paper Loan Program. The Public Agency's participation in the Pooled Commercial Paper Loan Program and the execution and delivery of this Loan Agreement is consistent with, and does not violate or conflict with, the terms of any such court, agency or other governmental consent, order or other action which is applicable thereto. (g) Binding Obligation. This Loan Agreement is, and each of the Loan Notes will be, a legal, valid and binding obligation and agreement of the Public Agency, enforceable against the Public Agency in accordance with its terms except that the enforceability hereof may be limited by laws relating to the bankruptcy or insolvency of the Public Agency or other similar laws affecting creditors' rights generally or by general principles of equity. (h) Compliance with Act. All agreements and transactions provided for herein or contemplated hereby are in full compliance with the terms of the Act. 18 Packet Pg. 130  8.2.1.a (i) Certificates and Resolutions. All resolutions and certificates subsequently adopted or executed, as the case may be, by the Public Agency in connection with and Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) pursuant to the provisions of this Loan Agreement shall be incorporated herein by reference. Any resolution subsequently adopted by the Public Agency authorizing the issuance of any Loan Note hereunder shall be deemed to be a contract between the Public Agency and the Commission with respect to such Loan Note. 19 Packet Pg. 131  8.2.1.a ARTICLE III LOAN TERM AND THE LOANS Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) SECTION 3.01. COMMENCEMENT OF LOAN TERM. The Public Agency's obligations under this Loan Agreement shall commence on the Commencement Date. SECTION 3.02. TERMINATION OF LOAN TERM. The Public Agency's obligations under this Loan Agreement shall terminate after (a) payment in full of all Loan Repayments, including Additional Payments and other payments due hereunder, and (b) the Public Agency shall provide notice to the Administrator, the Trustee, the Dealer and the Bank of its desire to terminate its obligations hereunder; provided, however, that all covenants and obligations hereunder specified to so survive shall survive the termination of this Loan Agreement and the payment in full of all amounts due hereunder. Upon termination of the Public Agency's obligations hereunder, the Commission, the Administrator, the Bank and the Trustee shall, upon request by the Public Agency, deliver, or cause to be delivered, to the Public Agency an acknowledgment thereof, subject to the proviso set forth in the preceding sentence. During such time as no Loans are Outstanding hereunder and all payments have been made hereunder, the covenants, agreements and representations made by the Public Agency shall not be binding, except as otherwise expressly provided herein. SECTION 3.03. THE LOANS. (a) The Commission hereby agrees to make Loans to the Public Agency from time to time, in accordance with the terms hereof, in an aggregate amount not to exceed $3,000,000 provided, however, such amount may be increased or decreased in accordance with the provisions hereof; provided, further, no Draws for a Loan shall be made after the Administrator determines that such Draw shall cause the aggregate principal amount of Commercial Paper Notes Outstanding and interest thereon to the stated maturity dates thereof to exceed the Commitment available under the Credit Facility. The Maximum Loan Amount may be increased by approval of the Commission and the Bank and shall be the aggregate amount of all Loans authorized by the Commission and the Bank to be Outstanding hereunder at any one time, subject to the terms and conditions set forth herein. The Maximum Loan Amount may be decreased at any time upon written notice delivered by the Bank to the Public Agency and the Administrator that, in the Bank's judgment, it has determined that it would not then approve a Draw by such Public Agency for any reason, including, but not limited to, a material decline of the financial condition of the Public Agency; provided, however, such decrease in the Maximum Loan Amount shall have no effect on the outstanding amount of Loans made to the Public Agency. Loans shall be subject to approval by the Administrator and the Bank in accordance with the provisions of Section 4.02 hereof. Draws which have been approved by the Administrator pursuant to Section 4.02 hereof and by the Bank pursuant to Section 3.03(b) hereof and for which all documentation has been submitted pursuant to Sections 4.03 and 4.04 hereof may be made by the Public 20 Packet Pg. 132  8.2.1.a Agency upon notice pursuant to a Draw Request to the Administrator and the Bank as provided in Section 3.04 hereof. The proceeds of each Loan shall forthwith be used to Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) finance, refinance or reimburse the Public Agency for the costs of a Project or Projects or for Public Agency Expenses, in each case as approved by the Administrator and the Bank in accordance with Section 4.02 hereof. A Loan which shall be used to finance Public Agency Expenses shall be made only if the Administrator and the Bank are in possession of an opinion of Bond Counsel to the effect that utilization of such Loan for such purposes is permitted by the Act. The Loan shall be repaid in accordance with the provisions of Articles IV and V hereof. (b) The Maximum Loan Amount described in Section 3.03(a) hereof is not a commitment by the Bank to approve an increase in the amount of the Commitment or to approve any Draw hereunder. Each Draw which the Commission agrees to make to the Public Agency is subject to Bank review and an increase in the Commitment required in order to make the Draw may be rejected by the Bank in its sole discretion. No one shall have recourse against the Bank in the event (i) the Bank rejects a request to increase the Commitment available under the Credit Facility, (ii) the Public Agency receives any notice from the Bank pursuant to Section 3.03(a) hereof of a decrease of the Maximum Loan Amount or (iii) the Public Agency receives any notice from the Bank pursuant to Section 5.06 that the Expiration Date will not be extended or that any portion of the Public Agency Commitment will not be extended. (c) In order to obtain an agreement from the Bank to approve all the Draws to be made under a Loan or Loans to be made by the Commission pursuant to the terms hereof and accordingly increase the Commitment under the Credit Facility, the Public Agency may enter into an agreement with the Bank whereby the Bank will agree to such increase in the Commitment upon payment, or agreement for payment, of a commitment fee or fees. The amount of the commitment fee or fees and the terms of the commitment shall be mutually agreed upon by the Bank and the Public Agency. The Administrator shall receive a copy of any such agreement. The amount of such commitment fee or fees shall be reflected in a certificate substantially in the form of Exhibit C hereto. SECTION 3.04. NOTICE OF DRAW. (a) At least sixty (60) days (or such shorter period of time as may be agreed to by the Public Agency, the Bank and the Administrator) prior to a Draw Date on which the Public Agency desires to make the initial Draw on account of a Loan it shall submit to the Administrator and the Bank for review and approval pursuant to Section 4.02 hereof (i) a description of the Project or Projects (or the Public Agency Expenses) to be financed or refinanced by such Loan, (ii) the amount of the Loan, and (iii) the Repayment Schedule of the Loan. At or prior to the time of making the initial Draw for a Loan, the Public Agency shall also submit the documentation described in Section 4.03 hereof. (b) In the case of Draws which have been approved in accordance with the provisions of Section 4.02 hereof, the Public Agency shall give the Administrator, the 21 Packet Pg. 133  8.2.1.a Bank and the Dealer a Draw Request at least forty-five (45) days prior to the Draw Date on which it wants to make such Draw (or such shorter period of time as may be agreed to Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) by the Public Agency, the Bank and the Administrator). The Draw shall be made in accordance with Section 4.02 hereof. Such Draw Request shall state (i) the amount of the Draw, (ii) the Draw Date, (iii) the purpose of the Draw, (iv) the Series of Commercial Paper Notes to be used to fund the Draw, (v) the information required by Section 4.04(f) hereof and any other information required by the Bank, and (vi) the Repayment Schedule for the Draw (which shall be in compliance with the Repayment Schedule approved by the Administrator pursuant to Section 4.02 hereof). (c) Loan Repayments shall be made in accordance with the Repayment Schedule approved pursuant to Section 4.02 hereof; provided, however, the Public Agency may repay all or a portion of a Loan upon at least forty-five (45) days (or such shorter period of time as may be agreed to by the Public Agency, the Bank and the Administrator) written notice to the Administrator, the Dealer and the Bank, but only to the extent the Administrator determines that there will be sufficient Commercial Paper Notes coming due at such time of requested prepayment so as to permit such contemporaneous redemption of an equal principal amount of Commercial Paper Notes; and, provided further, each Loan or any portion thereof shall also be subject to mandatory prepayment pursuant to Section 5.06 hereof. The Repayment Schedule may be modified at any time upon written consent of the Administrator and the Bank. In the event of a failure to remarket Commercial Paper Notes, the Repayment Schedule shall be deemed to be modified to conform to the schedule of repayments required pursuant to the terms of Section 2.16(a)(iv)(C) of the Credit Agreement. In the event a Repayment Schedule shall be extended to a date later than the originally scheduled repayment date or dates, the Credit Facility fees and charges for that portion of the Commitment related to the Loan for which such Repayment Schedule was extended shall be as agreed to by the Bank and the Public Agency. Any changes to the Repayment Schedule, other than changes required by Section 2.16(a)(iv)(C) of the Credit Agreement, shall be reflected in a resolution adopted by the Public Agency approving the Loan relating thereto; provided, however, such changes shall take effect in accordance with the terms hereof and of the Credit Agreement. (d) Draws on a Loan shall be made only to the extent such Draw shall not cause the aggregate principal amount of Commercial Paper Notes Outstanding and interest thereon to stated maturity to exceed the Commitment. (e) A copy of all information relating to Draws submitted to the Administrator by the Public Agency pursuant to the terms hereof shall be sent by the Administrator to the Bank within five (5) Business Days of receipt thereof. 22 Packet Pg. 134  8.2.1.a ARTICLE IV LOAN TERM AND LOAN CLOSING Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) REQUIREMENTS SECTION 4.01. COMMENCEMENT DATE SUBMISSIONS. On or before the execution of this Loan Agreement, the Public Agency shall have caused to be delivered to the Administrator, the Bank and Bond Counsel the following items in form and substance acceptable to the Administrator, the Bank and Bond Counsel: (a) An opinion of the Public Agency's Counsel or Bond Counsel regarding the due authorization, validity and enforceability of this Loan Agreement and the due adoption of the resolution or ordinance of the Public Agency authorizing the execution and delivery of this Loan Agreement (enforceability may be subject to standard bankruptcy exceptions and the like); provided such opinion may be delivered at the time of the first Draw on the initial Loan; (b) A certified resolution or ordinance of the Public Agency, authorizing the execution and delivery of this Loan Agreement; (c) Approval of the Public Agency as a participant in the Pooled Commercial Paper Loan Program by the Bank and approval by the Bank of this Agreement and Designated Revenues; and (d) Such other certificates, opinions, documents and information as the Administrator, the Bank or Bond Counsel may reasonably require. SECTION 4.02. CONDITIONS PRECEDENT TO LOANS AND DRAWS. Each Loan made to a Public Agency pursuant to the terms hereof shall be subject to approval by the Commission or the Administrator, acting on behalf of the Commission, in its sole discretion, of (a) the Project or Projects or Public Agency Expenses to be funded from the proceeds of the Loan, (b) the Loan Amount applicable to such Loan, (c) the Series of Commercial Paper Notes to be used to make the Loan, and (d) the Repayment Schedule of such Loan. The Repayment Schedule and Loan Amount must be approved by the Bank. The Repayment Schedule may be amended from time to time subject to the provisions of Sections 3.04(c) and 5.01(b) and (c) hereof. The Repayment Schedule shall also be amended, by notice from the Administrator or the Bank to the Public Agency and the Trustee, to the extent necessary to amortize the Loan in accordance with Section 2.16(a) of the Credit Agreement. Approval by the Administrator shall be evidenced by the certificate of an Authorized Officer thereof. Each Draw shall be subject to the provisions of Section 3.03(b) hereof relating to Bank approval of the increase in the Commitment which is a condition precedent to each such Draw. 23 Packet Pg. 135  8.2.1.a SECTION 4.03. LOAN SUBMISSIONS. At or before the time of making the initial Draw for each Loan, the Public Agency shall provide to the Administrator, the Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) Bank and Bond Counsel the following documents each dated the date such Draw is made: (a) A certified resolution or ordinance of the Public Agency, authorizing such Loan and authorizing the Project or Projects or Public Agency Expenses to be funded from proceeds of the Loan; (b) An opinion of the Public Agency's Counsel and/or Bond Counsel in form and substance acceptable to the Administrator and the Bank substantially in the form of Exhibit A to this Loan Agreement; provided, however, that the Administrator may permit variances in such opinion from the form or substance of such Exhibit A, with the consent of the Bank, if, in the judgment of the Administrator, such variance is not to the material detriment of the interests of the holders; (c) A certificate of the officials of the Public Agency who sign this Loan Agreement substantially in the form of Exhibit B to this Loan Agreement; provided, however, that the Administrator may permit variances in such certificate from the form or substance of Exhibit B, with the consent of the Bank, if, in the judgment of the Administrator, such variance is not to the material detriment of the interests of the holders; (d) This executed Loan Agreement; (e) An Arbitrage Certificate in form and substance satisfactory to Bond Counsel; (f) Approval of the Administrator and the Bank required by Section 4.02 hereof; (g) The Repayment Schedule for the Draw, as approved pursuant to Section 4.02 hereof; and (h) Such other certificates, documents, opinions and information as the Administrator, the Bank or Bond Counsel may reasonably require. The aforementioned opinions, documents and certificates need not be submitted to the extent they have been previously submitted by the Public Agency, except as the same are required by the Administrator or Bank to be updated. Provision of any of the above- described documents may be waived by the Administrator and the Bank. SECTION 4.04. DRAW SUBMISSIONS. At or prior to the time of making any Draw for a Loan the Public Agency shall submit to the Administrator, the Bank and Bond Counsel: 24 Packet Pg. 136  8.2.1.a (a) A copy of the Draw Request for such Draw; Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) (b) If applicable, a copy of a completed and executed Form 8038-G relating to the Draw to be filed with the Internal Revenue Service; (c) A certificate of an Authorized Officer of the Public Agency to the effect that the representations and warranties contained in the Loan Agreement are true and correct as of the date of the Draw and that no Default or Event of Default exists at such date; (d) A copy of a certificate substantially in the form of Exhibit C hereto indicating the Credit Facility fee applicable to such Draw; (e) A Loan Note duly executed by the Public Agency reflecting the terms of the Draw, including the Repayment Schedule, in form and substance as provided in Exhibit D hereto; (f) A certificate of an Authorized Officer of the Public Agency setting forth (i) any Debt incurred by the Public Agency since the last Draw, including Debt secured by any of the Designated Revenues, and (ii) any Debt which the Public Agency intends to incur within one year of the date of the Draw which pledges any of the Designated Revenues, and stating whether there has been any material adverse change in the financial condition of the Public Agency since the date the last financial statements were filed with the Bank; (g) A new or amended Arbitrage Certificate; and (h) Such other opinions, documents, certificates and information as the Administrator, the Bank or the Bond Counsel may reasonably require. Provision of any of the above-described documents may be waived by the Administrator and the Bank. 25 Packet Pg. 137  8.2.1.a ARTICLE V LOAN REPAYMENTS Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) SECTION 5.01. PAYMENT OF LOAN REPAYMENTS. (a) The Public Agency shall make all Loan Repayments in lawful money of the United States of America to the Trustee. All Loan Repayments shall be made by electronic or wire transfer or other method of immediate funds payment. The principal of each Loan shall be repaid in accordance with the Repayment Schedule relating thereto. The principal component of a Loan Repayment shall be paid on or before the date such amount is due, subject to the provisions of Sections 3.04(c) and 5.06 hereof; provided the Public Agency pays the Trustee moneys which are available not later than such due date. Unpaid interest on the Outstanding principal balance of the Loan Amounts shall be paid by the Public Agency to the Trustee, as follows: (i) On or before the twenty-fifth (25th) day of each calendar month, the Administrator will determine the Estimated Monthly Rate and Estimated Monthly Interest for the Loan Amounts of each Series of Commercial Paper Notes from which such Loan Amounts are derived for the next succeeding calendar month. (ii) No later than the twenty-fifth (25th) day of each month, the Administrator shall provide an invoice to the Public Agency setting forth the total amount (including without limitation, Loan Repayments and Additional Payments) due on the first Business Day of the next succeeding month. Such written notice shall state the amount of interest, Additional Payments, Monthly Investment Credits and Monthly Excess Credits relating to each Loan of the Public Agency. Such notice shall also state the amount of principal due, if any, in the next succeeding month. A copy of such notice shall be provided to the Trustee. (iii) On or before the first Business Day of each month the Public Agency shall pay to the Trustee for deposit into the Revenue Account the Estimated Monthly Interest for such calendar month relating to each Series of Commercial Paper Notes together with the other amounts invoiced pursuant to clause (ii). (iv) If, at any time and from time to time during a month, the Administrator determines that the amount on deposit in the Revenue Account will be insufficient to pay the interest due or to become due on Commercial Paper Notes in such month, the Administrator shall recalculate the Estimated Monthly Interest due from the Public Agency and require, on three (3) Business Days notice to the Public Agency, the Public Agency to pay to the Trustee, as a part of the interest component of the Loan Repayment due in such month, an amount equal to the difference, if any, between the Estimated Monthly Interest as previously calculated and the Estimated Monthly Interest as so recalculated. Notwithstanding the definition of Estimated Monthly Rate and in accordance with 26 Packet Pg. 138  8.2.1.a the provisions of Section 3.03(b) of the Indenture, the Administrator, in its sole discretion, may recalculate the Estimated Monthly Rate if necessary to ensure Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) sufficient funds are on deposit in the applicable Interest Payment Account under the Indenture. Upon full payment and discharge of the Loan, the Commission shall cause the Trustee to pay over to the Public Agency the Monthly Investment Credits and Monthly Excess Credits accrued during the calendar month in which the Loan is paid and discharged. (b) Notwithstanding the foregoing, if the Public Agency fails to make a Loan Repayment on the due date thereof and an unreimbursed draw is made on the Letter of Credit as a result of such delinquency, interest will accrue on the unpaid portion of the Loan Repayment at the Default Rate from the original due date of such Loan Repayment to the date of payment of all due and unpaid Loan Repayments. (c) The principal component of any Loan Repayments shall be paid by the Public Agency to the Trustee at such time and in such manner as provided in the Repayment Schedules, unless (i) the Loan Amounts are prepaid in accordance with the terms hereof, (ii) the Repayment Schedules are modified in accordance with the terms hereof, including, but not limited to Section 3.04(c) hereof, (iii) any portion of the Loan becomes subject to mandatory prepayment pursuant to Section 5.06 hereof, or (iv) the due dates of the Loan Repayments are accelerated pursuant to the terms of Section 8.03 hereof. (d) In determining the Estimated Monthly Interest as described in Section 5.01(a) above, the Public Agency receives a credit against each Loan Repayment for investment earnings on moneys in the Accounts. The Public Agency shall receive a pro- rata share of such investment earnings based on the amount of money representing the interest component of Loan Repayments as described in Section 5.02(a) hereof made by each Public Agency participating in the Pooled Commercial Paper Loan Program. (e) The Public Agency acknowledges that the Commission has agreed, pursuant to Section 3.03(g) of the Indenture, that upon the occurrence and continuance of any default under Section 8.01(a) hereof, or, upon the acceleration of the Loan, all Loan Repayments are to be deposited by the Trustee in a special escrow account pursuant to such Section 3.03(g) and held as a part of the Trust Estate for the sole benefit of and as security for the Noteholders and the Bank, pending the application of such moneys to pay, or to reimburse the Bank (including interest on unreimbursed amounts at the applicable rate or rates as set forth in the Credit Agreement) for L/C Payments made by the Bank to pay, Commercial Paper Notes and the interest thereon at their maturity; provided, that (i) any net earnings (or losses) derived from the investment of any portion of such moneys held in such special escrow account shall be credited to (or, in the case of losses, payable by) the Public Agency, and (ii) the Public Agency shall remain liable for 27 Packet Pg. 139  8.2.1.a its share of the amounts specified in subsections (a), (b), (c) and (d) of Section 5.02 hereof accruing during the period moneys are held by the Trustee in such special escrow Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) account. The Public Agency agrees that it shall have no interest in or rights to such special escrow account, subject to clause (i) of the proviso in the preceding sentence. The provisions of this Section 5.01(e) shall survive the payment in full of the Loan Repayments. (f) The Public Agency shall make all Loan Repayments in lawful money of the United States of America to the Trustee as required hereby. All Loan Repayments shall be made by electronic or wire transfer or other method of immediate funds payment at or prior to 3:00 p.m. on the due date. (g) Any amount not paid when due shall bear interest at the Default Rate until paid. SECTION 5.02. CALCULATION OF LOAN RATE. Except as otherwise provided in Section 5.01 of this Loan Agreement, the Loan Rate shall equal the sum of subsections (a), (b), (c) and (d) minus (e) of this Section 5.02: (a) Interest on the Commercial Paper Notes. A rate which reflects the Actual Monthly Interest on the Loan, payable in the amount of Estimated Monthly Interest, subject to Monthly Excess Credits and Monthly Investment Credits, as provided in Section 5.01 hereof; and, provided further, however, the Public Agency recognizes that when Commercial Paper Notes become due for payment and Commercial Paper Notes cannot be sold by the Dealer to repay such maturing Commercial Paper Notes, such Commercial Paper Notes must be paid with funds provided by the Bank under the Credit Agreement, and the interest rate on Loans or portions thereof will reflect the Bank Rate in accordance with the terms of the Credit Agreement. (b) Proportionate Expenses. A rate which reflects the Public Agency's Proportionate Share of the following items, fees and expenses to the extent that such items are not paid as provided in Sections 5.05 and 6.06(e) hereof: (i) the fees and expenses of the Administrator owed to it under the Administration Agreement; (ii) the fees and expenses of the Trustee owed to it under the Indenture; (iii) the expenses of the Commission, including legal and accounting fees; (iv) the rating fees of Moody's Investors Service and/or Standard & Poor's Corporation; (v) any loss on investments of the Trust Estate; 28 Packet Pg. 140  8.2.1.a (vi) any fees or penalties related to terminating the Program or replacing the Credit Facility; and Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) (vii) such other reasonable fees and expenses in connection with the Commercial Paper Notes or this Loan Agreement as the Commission may determine. Extraordinary expenses payable pursuant to this Section 5.02(b) shall be stated separately on the bill delivered by the Administrator to the Public Agency. (c) Credit Facility Charges. A rate which reflects the Credit Facility fees or charges of the Bank owed to it under the Credit Agreement by the Public Agency, plus any commitment fees or other fees payable under Section 3.03(c) hereof. The letter of credit fees component of such Credit Facility charge or charges shall be provided in a certificate substantially in the form of Exhibit C hereto or in a resolution adopted by the Public Agency approving the Loan relating thereto, as the same may be amended from time to time. In addition, the Public Agency shall be responsible for payment of a Proportionate Share of any other amounts owing the Bank under the Credit Agreement. (d) Proportionate Dealer Fees. A rate which reflects the Public Agency's Proportionate Share of the fees and expenses of the Dealer owed to it under the Dealer Agreement. (e) Credits. The Public Agency shall receive the credits referred to in Sections 5.01(a) and 5.01(d) hereof (without duplication), applied as set forth in Section 5.02(a) above. SECTION 5.03. LOAN REPAYMENTS. The obligation of the Public Agency to make Loan Repayments or payment of any other amounts required hereunder and to perform and observe the other covenants and agreements contained herein shall be absolute and unconditional in all events. Notwithstanding any dispute between the Public Agency and the Commission, the Trustee, the Bank, the Administrator or any Noteholder, the Public Agency shall pay Loan Repayments or any other amounts when due and shall not withhold any Loan Repayments or any other amounts payable hereunder pending final resolution of such dispute nor shall the Public Agency assert any right of setoff or counterclaim against its obligation to make such payments required under this Loan Agreement. The Public Agency's obligation to make payment of Loan Repayments or any other amounts due shall not be abated through accident or unforeseen circumstances. The Commission, the Bank and the Public Agency agree that the Public Agency shall bear all risk of damage or destruction in whole or in part to the Projects or any part thereof, including without limitation any loss, complete or partial, or interruption in the use, occupancy or operation of such Projects, or any manner or thing which for any reason interferes with, prevents or renders burdensome the use or occupancy of the Projects or the compliance by the Public Agency with any of the terms of this Loan 29 Packet Pg. 141  8.2.1.a Agreement. Notwithstanding the foregoing, this Section shall not limit the rights of the Public Agency to recover amounts owing to it, except as specifically set forth herein. Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) SECTION 5.04. MAXIMUM LEGAL INTEREST RATE. Notwithstanding the calculation of interest pursuant to Section 5.02 hereunder, the Commission and the Public Agency acknowledge that it is their intent to contract hereunder in strict compliance with the usury laws of the State. In furtherance thereof, the Commission and the Public Agency stipulate and agree that none of the terms and provisions contained herein or under any instruments held as security hereunder, shall ever be construed to create a contract for the use, forbearance or detention of money requiring payment of interest at a rate in excess of the Maximum Legal Rate. The Public Agency shall never be liable for interest on any Loan Note at a rate in excess of the Maximum Legal Rate applicable thereto. The provisions of this Section shall control over all other provisions of this Loan Agreement and any other instruments executed in connection herewith which may be in apparent conflict herewith. If a court of competent jurisdiction shall make a final determination that the performance of any provision of this Loan Agreement shall result in a payment of an amount for such use, forbearance or detention in excess of the Maximum Legal Rate, then (a) such provision shall be deemed to be appropriately modified to the extent necessary to reduce such interest to an amount not in excess of such Maximum Legal Rate, and (b) any such excess amounts theretofore received by the Commission or its assignees shall be deemed to have been a prepayment of a like principal amount of said Loan Notes, and all necessary reallocations of subsequent payments with respect to said Loan Notes shall be made. In addition, if the rate of interest payable under Section 5.02 hereof shall exceed the Maximum Legal Rate for any period for which interest is payable (i) interest at the Maximum Legal Rate shall be due and payable with respect to such interest period, and (ii) to the extent permitted by applicable law, interest at the rate equal to the difference between (A) the rate of interest calculated in accordance with the terms hereof and (B) the Maximum Legal Rate (the "Excess Interest") shall be deferred until such date as the rate of interest, calculated in accordance herewith, ceases to exceed the Maximum Legal Rate, at which time the Public Agency shall pay the Commission such portion of the deferred Excess Interest as will cause the rate of interest then paid to the Commission to equal the Maximum Legal Rate, which payments of deferred Excess Interest shall continue until all such deferred Excess Interest is fully paid to the Commission. SECTION 5.05. COSTS OF ISSUANCE. (a) At the time of each Draw hereunder, the Public Agency agrees to pay the Administrator an amount equal to $2,000 for each $1,000,000 of Loan Amounts then Outstanding (including the proposed Draw) to the extent not previously paid with respect to such Outstanding amounts. The maximum aggregate amount payable pursuant to this Section 5.05(a) shall be $40,000. Such fees shall represent the Public Agency's share of the costs of structuring the Commercial Paper Loan Program. 30 Packet Pg. 142  8.2.1.a (b) The Public Agency shall also pay the Administrator, the Bank, Bank's Counsel and Bond Counsel, as the case may be, all reasonable fees and expenses Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) associated with approving and administering the Loans and the Draws pursuant to the provisions of this Loan Agreement. SECTION 5.06. MANDATORY PREPAYMENT. (a) All Loans of the Public Agency will become due and payable in full on the Expiration Date at a prepayment price of 100% of the principal amount Outstanding plus accrued interest to the prepayment date. (b) If (i) in connection with any extension of the Expiration Date, the Bank notifies the Administrator that the Bank will not extend the Public Agency Commitment beyond the then-current Expiration Date, or will extend the Public Agency Commitment but only at a reduced amount or (ii) the Administrator determines that the Bank will not be extending the Public Agency Commitment or will be reducing the amount of the Public Agency Commitment, a principal amount of all Outstanding Loans of the Public Agency will become due and payable on the then applicable Expiration Date at a prepayment price of 100% of the principal amount to be prepaid plus accrued interest to the prepayment date. The principal amount of Loans required to be prepaid under this Section 5.06(b) shall be (A) 100% of the Outstanding principal amount in the event the Bank is not extending the Public Agency Commitment, or (B) the amount by which the Bank is reducing the amount of the Public Agency Commitment. The Administrator will promptly provide the Public Agency with notice of any such required prepayment. SECTION 5.07. OBLIGATIONS UNCONDITIONAL. Except as provided in Section 5.01 hereof, the obligation of the Public Agency to make Loan Repayments and payment of any other amounts required hereunder from Designated Revenues and to perform and observe the other covenants and agreements contained herein shall be absolute and unconditional in all events. Notwithstanding any dispute between the Public Agency and the Commission, the Trustee, the Bank, the Administrator or any Noteholder, the Public Agency shall pay the Loan Repayments or any other amounts when due and such obligations shall not be abated, rebated, set-off, reduced, abrogated, terminated, waived, diminished, postponed, or otherwise modified in any manner or to any extent whatsoever and the Public Agency shall not withhold any such payments pending final resolution of such dispute nor shall the Public Agency assert any right of setoff, recoupment, abatement, or counterclaim against its obligation to make such payments required under this Loan Agreement. Subject to the foregoing, the Public Agency shall have the right to litigate any issue that cannot be amicably resolved with the Commission. SECTION 5.08. COORDINATION WITH AIRPORT INDENTURE. (a) th On or before the 25 day of each calendar month, the Public Agency shall deposit Designated Revenues and money from the Revenue Fund created under the Airport Indenture (other than the Customer Facility Charge Fund created therein) into the Subordinated Indebtedness Fund created under the Airport Indenture, as provided in, and 31 Packet Pg. 143  8.2.1.a with the priority set forth in, Section 611(vii) of the Master Indenture referred to in the definition of Airport Indenture, in the amount of all Loan Repayments and Additional Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) Payments then due or expected to become due in the next succeeding calendar month. Loan Repayments and Additional Payments to be made under this Loan Agreement shall be paid from money in such Subordinated Indebtedness Fund. (b) The Commission acknowledges and agrees that the provisions of that portion of the Airport Indenture consisting of the Second Supplemental Indenture dated as of December 1, 2007, in Section 205 thereof under the caption "Subordination Provisions Applicable to Subordinated Debt" is incorporated herein by reference and the Commission agrees to comply therewith. 32 Packet Pg. 144  8.2.1.a ARTICLE VI SECURITY FOR LOANS AND PUBLIC AGENCY Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) COVENANTS SECTION 6.01. STATUS OF LOAN OBLIGATIONS. Anything in this Loan Agreement to the contrary notwithstanding, it is understood and agreed that the ad valorem taxing power and the full faith and credit of the Public Agency has not been pledged to secure the obligations of the Public Agency hereunder, except to the extent ad valorem taxes are pledged pursuant to Section 6.03 hereof. Neither the Commission, the Bank, the Administrator, the Trustee nor the Holders of the Notes shall have any right to compel the exercise of any ad valorem taxing power of the Public Agency to pay the obligations owing hereunder except to the extent ad valorem taxes are pledged pursuant to Section 6.03 hereof. The obligations of the Public Agency under this Loan Agreement, including Loan Repayments and all other payments, shall be payable solely from Designated Revenues in accordance with the terms hereof. The provisions of this Section shall survive the termination and/or assignment of this Loan Agreement. SECTION 6.02. SECURITY FOR LOAN REPAYMENTS. The Public Agency's obligation to repay the Loan Repayments shall be secured by a pledge of and lien on the Designated Revenues; provided, however the lien on and pledge of the Net Revenues granted hereunder shall be junior and subordinate in all respects to the lien thereon and pledge thereof granted with respect to the Senior Obligations under the Airport Indenture. The Pledged Revenues, which are part of the Designated Revenues, may be pledged to the payment of the Loan Repayments in accordance with Section 6.03 hereof. The Public Agency hereby irrevocably pledges and grants a lien upon the Designated Revenues to the payment of the Loan Repayments in accordance with the provisions hereof. SECTION 6.03. PLEDGED REVENUES. The Public Agency may, in its sole discretion, pledge certain of its funds to the payment of the Loan Repayments. Such Pledged Revenues shall be described in a resolution adopted by the Public Agency approving the Loan relating thereto. The pledge of and lien on such Pledged Revenues shall commence and terminate at such times and in accordance with the provisions of such resolution. The Public Agency may provide for the termination and defeasance of the pledge of and lien on such Pledged Revenues in accordance with the terms of any such resolution. The terms and provisions of any resolution shall be subject to the approval of the Administrator and the Bank. At or prior to the pledge of any Pledged Revenues the Public Agency shall submit to the Administrator and the Bank (a) a certified copy of the resolution or ordinance of the Public Agency pledging such Pledged Revenues and (b) an opinion of Counsel to the Public Agency or Bond Counsel to the effect that the resolution or ordinance pledging such Pledged Revenues has been duly adopted and is enforceable in accordance with its terms (subject to standard bankruptcy exceptions and the like). 33 Packet Pg. 145  8.2.1.a SECTION 6.04. COVENANT TO BUDGET AND APPROPRIATE. (a) In the event the Net Revenues are insufficient to make the scheduled Loan Repayments and Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) Additional Payments when due, until all Loan Repayments and other amounts owing hereunder are paid or deemed paid pursuant to the provisions of this Loan Agreement, the Public Agency hereby covenants to appropriate in its annual budget, by amendment if necessary, from Non-Ad Valorem Revenues lawfully available in each fiscal year of the Public Agency in which principal or interest on the Loan Repayments and other amounts owing hereunder becomes due and payable, amounts sufficient, together with other available moneys, to pay the Loan Repayments and other amounts owing hereunder, as the same become due (whether by redemption, at maturity or otherwise). Such covenant and agreement on the part of the Public Agency to budget and appropriate such amounts of Non-Ad Valorem Revenues shall be cumulative to the extent not paid, and shall continue until such Non-Ad Valorem Revenues or other legally available funds in amounts sufficient to make all such required payments hereunder shall have been budgeted, appropriated and actually paid. Once such Non-Ad Valorem Revenues are so budgeted and appropriated, the same shall constitute "Public Agency Moneys" hereunder. Notwithstanding the foregoing covenant of the Public Agency, the Public Agency does not covenant to maintain any services or programs, now provided or maintained by the Public Agency, which generate Non-Ad Valorem Revenues. (b) Such covenant to budget and appropriate does not create any lien upon or pledge of such Non-Ad Valorem Revenues, nor does it preclude the Public Agency from pledging in the future its Non-Ad Valorem Revenues, nor does it require the Public Agency to levy and collect any particular Non-Ad Valorem Revenues, nor does it give the Bank, the Commission, the Administrator, the Trustee or the Noteholders a prior claim on the Non-Ad Valorem Revenues as opposed to claims of general creditors of the Public Agency. Such covenant to appropriate Non-Ad Valorem Revenues is subject in all respects to the payment of obligations secured by a pledge of such Non-Ad Valorem Revenues heretofore or hereinafter entered into (including the payment of debt service on bonds and other debt instruments). Such covenant to budget and appropriate Non-Ad Valorem Revenues shall not in any way detract from the pledge of and lien on the Designated Revenues, if any, provided herein. However, the covenant to budget and appropriate in its general annual budget for the purposes and in the manner stated herein shall have the effect of making available for the payment of the Loan Repayments and other amounts owing hereunder in the manner described herein Non-Ad Valorem Revenues and placing on the Public Agency a positive duty to appropriate and budget, by amendment, if necessary, amounts sufficient to meet its obligations hereunder; subject, however, to the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the Public Agency or which are legally mandated by applicable law; and subject, further, to the provisions of Section 129.07, Florida Statutes, insofar as there are not sufficient Non-Ad Valorem Revenues to comply with such covenant to budget and appropriate after the satisfaction of the funding requirements for obligations having an express lien on or pledge of such revenues and the 34 Packet Pg. 146  8.2.1.a funding requirements for legally mandated or essential governmental services and programs of the Public Agency. Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) (c) During such time as any Loan Amounts are outstanding hereunder (including but not limited to at the time of issuance or incurrence of additional indebtedness which is secured by any Non-Ad Valorem Revenues or is payable from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues that is similar to the one set forth herein) and the Public Agency is required to appropriate legally available Non-Ad Valorem Revenues in its annual budget pursuant to Section 6.04(a) hereof, the Public Agency agrees and covenants with the Commission and the Bank that: (i) Non-Ad Valorem Revenues (average of actual receipts over the prior two years) must cover projected maximum annual debt service on Debt secured by and/or payable from any Non-Ad Valorem Revenues by at least 1.5x; and (ii) projected maximum annual debt service requirements for all Debt secured by and/or payable from any Non-Ad Valorem Revenues will not exceed 20% of Governmental Fund Revenues (defined as general fund, special fund, debt service fund and capital projects funds), exclusive of (i) ad valorem revenues restricted to payment of debt service on any Debt and (ii) any Debt proceeds, and based on the Public Agency's audited financial statements. For the purposes of these covenants maximum annual debt service means the lesser of the actual maximum annual debt service on all Debt or 15% of the original par amount of the Debt, in each case, secured by or payable from Public Agency Non-Ad Valorem Revenues. The Public Agency agrees that, as soon as practicable after the end of each fiscal year, it shall deliver to the Bank a certificate setting forth the calculations of the financial ratios provided in this Section 6.04(c) and certifying that it is in compliance with the provisions of this Section 6.04(c). For purposes of the foregoing covenant, all Debt (including Loans hereunder) bearing interest at a variable rate shall be assumed to bear interest at the higher of 6.00% per annum or the actual interest rate borne during the month immediately preceding the date of calculation and shall be assumed to amortize on a level basis over 20 years. Notwithstanding the foregoing covenant, for purposes of calculating annual debt service on any Loan hereunder for which a Draw has been funded, such Loan shall be assumed to be fully funded. (d) The covenant to budget and appropriate provided in this Section may, with the consent of the Administrator and the Bank, be released in lieu of the pledge of Pledged Revenues as provided in Section 6.02 hereof. The release of such covenant shall be evidenced by a certificate executed by the Public Agency and approved in writing by the Bank and the Administrator. SECTION 6.05. PAYMENT COVENANT. The Public Agency covenants that it shall duly and punctually pay from Designated Revenues the Loan Repayments and other amounts owing hereunder at the dates and place and in the manner provided herein. 35 Packet Pg. 147  8.2.1.a SECTION 6.06. ADDITIONAL COVENANTS. The Public Agency makes the following additional covenants and representations as of the date first above written Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) and such covenants shall continue in full force and effect until all amounts due hereunder have been paid in full: (a) Books and Records. The Public Agency will keep books and records of the receipt of the Designated Revenues in accordance with generally accepted accounting principles, and the Administrator, the Bank and the Trustee shall have the right at all reasonable times to inspect the records, accounts and data of the Public Agency relating thereto. (b) Annual Audit and Other Information. The Public Agency shall (i) furnish or cause to be furnished to the Bank upon request, as soon as available, and in any event not less than forty-five (45) days after the beginning of each fiscal year, a copy of its budget for such fiscal year, (ii) cause the financial statements of the Public Agency for each fiscal year to be audited by an Accountant, (iii) furnish or cause to be furnished to the Bank and the Administrator, as soon as available and in any event not less than ten (10) days after the issuance thereof, a copy of any final official statement relating to Debt of the Public Agency, and (iv) additional information as reasonably requested by the Bank. Such annual financial statements shall contain, but not be limited to, a balance sheet, a statement of revenues, expenditures and changes in fund balance, and any other statements as required by law or accounting convention. The annual financial statement shall be prepared in conformity with generally accepted accounting principles, and shall be furnished to the Bank as soon as available and in any event not more than 180 days after the end of the applicable fiscal year. The Public Agency shall also provide a certificate to the Bank each year with the audited financial statements certifying that it is in compliance with all of the provisions herein and is not in default hereunder. Such certificate may also include the certification required under Section 6.04(c) hereof. (c) Right of Inspection. The Commission, the Bank, the Trustee, and their designated agents shall have the right at all reasonable times during normal business hours to enter into and upon the property of the Public Agency for the purpose of inspecting books and records of the Public Agency relating to this Loan Agreement, the Designated Revenues and the transactions contemplated hereby and by the Indenture. (d) Information. The Public Agency's chief financial officer shall, at the reasonable request of the Trustee or the Bank, discuss the Public Agency's financial matters with the Bank and the Trustee. In addition, the Public Agency shall furnish the Administrator all necessary information relating to its financial condition to enable the Commission and the Administrator to make all disclosures to the Noteholders required by State or Federal law. The Public Agency shall immediately inform the Administrator of any material adverse change in its financial condition. (e) Agreement to Reimburse Certain Amounts. 36 Packet Pg. 148  8.2.1.a (i) To the extent allowed by law, the Public Agency will pay to, reimburse or indemnify the Commission, the Administrator, the Bank, the Trustee, Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) each member, officer, commissioner, employee and agent of the Commission, the Administrator, the Bank, the Trustee and each other Person, if any, who has the power, directly or indirectly, to direct or cause the direction of the management and policies of the Commission, the Administrator, the Bank and the Trustee for any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys' fees), suits, claims and judgments of whatsoever kind and nature, arising or resulting from, or in connection with, this Loan Agreement, the Credit Agreement or the Projects or the breach or violation of any agreement, covenant, representations or warranty of the Public Agency set forth in this Loan Agreement or any document delivered pursuant hereto or in connection herewith. (ii) In addition, to the extent allowed by law, the Public Agency will reimburse all other Public Agencies participating in the Pooled Commercial Paper Program to the extent the Public Agency has committed any act or failed to commit an act and the result of such action or failure to act is that the cost of participating in the Pooled Commercial Paper Program of such Public Agencies is increased. Such reimbursement includes, without limitation, any increased costs incurred by other participating Public Agencies as a result of the Public Agency failing to make a Repayment or any other payment hereunder when due. (iii) The provisions of this Section 6.06(e) shall survive the termination of this Loan Agreement. (f) Further Assurance. The Public Agency shall execute and deliver to the Commission, the Administrator, the Bank or the Trustee, as the case may be, all such documents and instruments and do all such other acts and things as may be necessary or reasonably required by the Trustee, the Administrator, the Bank or the Commission to enable the Trustee, the Administrator, the Bank or the Commission to exercise and enforce its rights under this Loan Agreement, and to validate, preserve and protect the position of the Trustee, the Administrator, the Bank and the Commission under this Loan Agreement. (g) Use of the Projects. The Public Agency will not use the Projects or suffer or permit the Projects to be used in any manner or to any extent which would result in the loss of the exclusion of interest on the Commercial Paper Notes from gross income for federal income tax purposes pursuant to the Code. (h) Special Covenants. The Public Agency agrees to fully comply with any additional covenants required by the Bank or the Commission with respect to a particular Loan which shall be provided in a certificate or in a resolution adopted by the Public Agency approving the Loan relating thereto, the terms of which are incorporated herein 37 Packet Pg. 149  8.2.1.a by reference. Such covenants may be established, terminated or modified at any time with the written consent of the Bank. Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) (i) Compliance with Laws, etc. The Public Agency shall comply with the requirements of all applicable laws, the terms of all grants, rules, regulations and orders of any governmental authority, non-compliance with which would, singly or in the aggregate, materially adversely affect its business, properties, earnings, prospects or credit, unless the same shall be contested by it in good faith and by appropriate proceedings which shall operate to stay the enforcement thereof. (j) Tax Exempt Status of Commercial Paper Notes. (i) The Commission and the Public Agency understand that it is the intention hereof that the interest on the Commercial Paper Notes be excluded from the gross income of the Holders thereof for federal income tax purposes. In furtherance thereof, the Public Agency agrees that so long as any Loans are Outstanding under this Agreement it will take all action within its control which is necessary in order for the interest on the Commercial Paper Notes to be excluded from gross income for purposes of federal income taxation (other than those Series B Notes held by a person who is deemed a "substantial user" of a Project or a "related person" to a "substantial user" of a Project within the meaning of Section 147(a) of the Code) and shall refrain from taking any action which results in such interest becoming so taxable. (ii) In order to maintain the exclusion from gross income for purposes of federal income taxation of interest on the Commercial Paper Notes the Public Agency shall comply with each requirement of the Code applicable to the Loan Amounts. In furtherance of the covenant contained in the preceding sentence, the Public Agency shall execute an Arbitrage Certificate for each Loan and shall comply with all the terms and conditions thereof. Such Arbitrage Certificate shall be deemed to be reexecuted and reaffirmed as of the date of each subsequent delivery of Series A Notes or Series B Notes, the proceeds of which are used to pay the principal of Series A Notes or Series B Notes, which financed or refinanced such Loan unless and until the Public Agency shall furnish the Administrator and Bond Counsel a new Arbitrage Certificate or a supplement or modification to the existing one. The Public Agency shall set forth in each of its Arbitrage Certificates its reasonable expectations on the date of delivery of such Arbitrage Certificate as to compliance with the relevant requirements of Section 103 and Sections 141 through 150 of the Code and as to the relevant facts, estimates and circumstances relating to the use of proceeds of a Loan, and any other matters deemed relevant by Bond Counsel. The facts, estimates and circumstances set forth in each such Arbitrage Certificate will be, to the best knowledge of an Authorized Officer of the Public Agency, true and correct as of 38 Packet Pg. 150  8.2.1.a the date thereof. The Public Agency shall inform Bond Counsel of any change in the facts, estimates and circumstances contained in any Arbitrage Certificate. Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) (iii) So long as necessary in order to maintain the exclusion, if any, from gross income of interest on the Commercial Paper Notes for federal income tax purposes (other than those Series B Notes held by a person who is deemed a "substantial user" of a Project or a "related person" to a "substantial user" of a Project within the meaning of Section 147(a) of the Code), the covenants contained in this Section shall survive the payments of the Commercial Paper Notes and the interest thereon, including any payment or defeasance thereof. (iv) The Public Agency shall not take or permit any action or fail to take any action so long as any Loans are Outstanding under this Agreement which would cause the Commercial Paper Notes to be "arbitrage bonds" within the meaning of Section 148(a) of the Code. (v) The Public Agency covenants to provide the Administrator with all material and information necessary to enable the Administrator to file all reports required under the Code. (vi) The Public Agency shall make any and all payments required to be made to the United States Department of the Treasury in connection with the Loan Amounts pursuant to Section 148(f) of the Code. (k) Agreement Re: Contingency Account. The Public Agency agrees on the Commencement Date to execute the Agreement Re: Contingency Account substantially in the form attached hereto as Exhibit E. The Public Agency agrees to comply with the terms of the aforementioned Agreement and to make such amendments to the Agreement as shall be reasonably requested to ensure the prompt payment of the Loan Repayments; provided, however, no amendment may be made without the prior written consent of the Bank. (l) Airport Indenture Compliance. The Public Agency agrees to comply in all respects with the provisions of the Airport Indenture. (m) Additional Indebtedness. No additional indebtedness (excluding Loans hereunder), payable on a parity or senior basis with the Loans then outstanding pursuant to this Loan Agreement, shall be issued unless the Public Agency certifies to the Bank and the Administrator that the aggregate amount of Net Revenues for the immediately preceding fiscal year equals at least 100% of the maximum annual debt service requirement on all outstanding Loans and other indebtedness of the Public Agency which is payable from the Net Revenues and the proposed additional indebtedness. The Public Agency may issue such additional indebtedness for any one or more of the following purposes: (i) financing the cost of lawful capital improvements, or the completion 39 Packet Pg. 151  8.2.1.a thereof, or (ii) refunding any or all indebtedness of the Public Agency. The Public Agency covenants and agrees to use its best efforts to issue additional indebtedness to Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) refund the initial Loan made hereunder within five (5) years of the date of such Loan. (n) Rates Fees and Charges. The Public Agency shall fix, establish, maintain and collect such rates, fees and charges and revise the same from time to time, whenever necessary, as will always provide in each fiscal year Net Revenues adequate at all times to pay in each fiscal year at least 100% of the annual debt service becoming due in such fiscal year on outstanding Senior Obligations and the Loans. (o) Assumptions. For purposes of the covenants in (m) and (n) above, Loans shall be assumed to bear interest at the higher of 6.00% per annum and the actual interest rate borne during the month immediately preceding the date of calculation. For purposes of calculating annual debt service on Loans under (m) and (n) above, the Loans shall be assumed to be fully funded and amortized over 30 years at the interest rate described in this paragraph. In addition, in determining "Net Revenues" for the covenants set forth in (m) and (n) above, "Operation and Maintenance Expenses" shall specifically include all "transfers out" as reported in the Public Agency's financial statements under "Airport Enterprise Fund Statement of Revenues, Expenses and Changes in Equity." 40 Packet Pg. 152  8.2.1.a ARTICLE VII ASSIGNMENT AND PAYMENT BY THIRD PARTIES Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) SECTION 7.01. ASSIGNMENT BY COMMISSION. This Loan Agreement and the obligations of the Public Agency to make payments hereunder may be assigned and reassigned by the Commission in whole or in part to one or more assignees or subassignees at any time subsequent to its execution without the necessity of obtaining the consent of the Public Agency. Any assignment by the Commission shall be subject to the prior written consent of the Bank, except in the case of an assignment to the Trustee. The Public Agency expressly acknowledges that this Loan Agreement and the obligations of the Public Agency to make payments hereunder (with the exception of the Commission's rights to reimbursement, indemnification, fees and expenses), have been pledged and assigned to the Trustee and the Bank under the Indenture as security for the holders of the Commercial Paper Notes and the Bank and that the Trustee shall be entitled to act hereunder in the place and stead of the Commission whether or not any of the Commercial Paper Notes or this Loan Agreement are in default. In addition, the Public Agency acknowledges that the Commission has appointed an Administrator which shall be entitled to act hereunder in the place and stead of the Commission, but only to the extent of such appointment. SECTION 7.02. ASSIGNMENT BY PUBLIC AGENCY. This Loan Agreement may not be assigned by the Public Agency for any reason without the express prior written consent of the Commission, the Administrator, the Bank and the Trustee, except in the case of an assignment to the Bank in accordance with Section 8.03 hereof and Section 10.05 of the Indenture. After receipt of notice of any such assignment of this Loan Agreement to the Bank, the Public Agency will make all payments required under Article V hereof directly to the Bank, in accordance with the terms hereof and of the Credit Agreement. 41 Packet Pg. 153  8.2.1.a ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) SECTION 8.01. EVENTS OF DEFAULT DEFINED. The following shall be "Events of Default" under this Loan Agreement and the terms "Event of Default" shall mean (except where the context clearly indicates otherwise), whenever such term is used in this Loan Agreement, any one or more of the following events: (a) Failure by the Public Agency to timely pay any Loan Repayment; (b) Failure by the Public Agency to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Loan Agreement, other than as referred to in Section 8.01(a) or 8.02 hereof, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied, is given to the Public Agency by the Commission, the Bank, the Administrator or the Trustee, unless the Commission, the Bank, the Administrator and the Trustee shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice can be wholly cured within a period of time not materially detrimental to the rights of the Commission, the Noteholders, the Bank or the Trustee, as the case may be, but cannot be cured within the applicable 30-day period, the Commission, the Bank, the Administrator and the Trustee will not unreasonably withhold their consent to an extension of such time if corrective action is instituted by the Public Agency within the applicable period and diligently pursued until the failure is corrected; (c) Any warranty, representation or other statement by the Public Agency or by an officer or agent of the Public Agency contained in this Loan Agreement or in any instrument furnished in compliance with or in reference to this Loan Agreement is false or misleading in any material adverse respect; (d) A petition is filed against the Public Agency under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, and an order for relief is entered or such petition is not dismissed within sixty (60) days of such filing; (e) The Public Agency files a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any petition against it under such law; (f) The Public Agency admits insolvency or bankruptcy or its inability to pay its debts as they become due or is generally not paying its debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or trustee) of the Public Agency or any of its property is appointed by court order or takes possession 42 Packet Pg. 154  8.2.1.a thereof and such order remains in effect or such possession continues for more than 60 days; or Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) (g) Any Debt of or assumed by the Public Agency (i) is not paid when due nor within any applicable grace period in any agreement or instrument relating to such Debt, (ii) becomes due and payable before its normal maturity by reason of a default or event of default, however described, or (iii) becomes subject to a moratorium. SECTION 8.02. NOTICE OF DEFAULT. (a) The Public Agency agrees to give the Trustee, the Bank, the Administrator and the Commission prompt written notice if any petition, assignment, appointment or possession referred to in Sections 8.01(d), 8.01(e) and 8.01(f) hereof is filed by or against the Public Agency or of the occurrence of any other event or condition which constitutes an Event of Default, or an event or condition which, with the passage of time or the giving of notice or both, would constitute an Event of Default, immediately upon becoming aware of the existence thereof. (b) The Commission or Administrator will notify the Bank on the same Business Day as the Commission becomes aware of the existence of an Event of Default, specifying the nature thereof. SECTION 8.03. REMEDIES ON DEFAULT. Whenever any Event of Default referred to in Section 8.01 hereof shall have happened and be continuing, the Commission, the Bank or the Trustee shall, in addition to any other remedies herein or by law provided, have the right, at its or their option without any further demand or notice, but subject to the right of the Bank to direct the enforcement of remedies pursuant to the Indenture, to (a) declare all Loan Repayments and all other amounts due hereunder (i) to be immediately due and payable without further notice or demand in the case of an Event of Default occurring under Sections 8.01(a), 8.01(d), 8.01(e) or 8.01(f) hereof, and (ii) to be due and payable without further notice or demand on a date which shall be no sooner than ninety (90) days of the date notice is given to the Public Agency in the case of an Event of Default occurring under Sections 8.01(b), 8.01(c) or 8.01(g) hereof, or (b) take such steps and exercise such remedies as provided in Article V of the Indenture, and take whatever other action at law or in equity may appear necessary or desirable to collect the amounts then due and thereafter to become due hereunder or to enforce any other of its or their rights hereunder. Upon the occurrence of an Event of Default, the Public Agency agrees that the Bank may notify the Commission and the Trustee prior to 1:00 p.m. (New York City time) on the proposed date of issuance of any Notes pursuant to Section 2.06(c)(iv)(A) of the Indenture to discontinue issuing and delivering Notes for the purpose of repaying maturing Notes in an amount equal to the aggregate principal amount of the outstanding Loans to the Public Agency pursuant to Section 3.03(g) of the Indenture; provided, that notwithstanding any such notice, the obligation of the Bank to permit drawings under the 43 Packet Pg. 155  8.2.1.a Credit Facility shall not terminate with respect to any Notes issued prior to the time provided in this sentence. In connection therewith, the Trustee shall draw on the Credit Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) Facility to repay such maturing Notes and upon the Bank honoring such draw, the Bank may direct the Commission and the Trustee to cause this Loan Agreement to be assigned solely to the Bank. The Bank may also instruct the Trustee to draw on the Credit Facility in an amount equal to the aggregate principal amount of the outstanding Loans to the Public Agency, plus the interest to accrue thereon through the earliest date on which the Trustee will be able to apply the amount drawn to discharge a principal amount of Commercial Paper Notes equal to the principal amount of such Loans and, upon the Bank honoring such draw, the Bank may direct the Commission and the Trustee to cause this Loan Agreement to be assigned solely to the Bank. SECTION 8.04. ATTORNEY'S FEES AND OTHER EXPENSES. The Public Agency shall on demand pay to the Commission, the Bank, the Administrator and the Trustee the reasonable fees and expenses of attorneys (including in connection with any appeal) and other reasonable expenses incurred by any of them in collection of Loan Repayments or any other sums due hereunder or in the enforcement of performance of any other obligations of the Public Agency hereunder upon an Event of Default. The provisions of this Section shall survive the termination and/or assignment of this Loan Agreement and the payment in full of the Public Agency's obligations hereunder. SECTION 8.05. APPLICATION OF MONEYS. Any moneys collected by the Commission, the Bank, the Administrator or the Trustee pursuant to Section 8.03 hereof shall be subject to Section 5.01(e) hereof and Section 3.03(g) of the Indenture and shall be applied (a) first, to pay any attorneys' fees or other expenses owed by the Public Agency to the Trustee or the Bank pursuant to Section 8.04 hereof, (b) second, to pay any interest due on the Loan Amounts, (c) third, to pay principal due on the Loan Amounts, (d) fourth, to pay any other amounts due hereunder, (e) fifth, to pay interest and principal on the Loan Amounts and other amounts payable hereunder but which are not due, as they become due (in the same order, as to amounts which come due simultaneously, as in clauses (a) through (d) in this Section), and (f) sixth, to pay any attorneys' fees owed by the Public Agency to the Commission or the Administrator pursuant to Section 8.04 hereof, pro rata based on the amount of such expenses owed. SECTION 8.06. NO REMEDY EXCLUSIVE; WAIVER, NOTICE. No remedy herein conferred upon or reserved to the Commission, the Bank, the Administrator or the Trustee is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Loan Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right, remedy or power accruing upon any Default shall impair any such right, remedy or power or shall be construed to be a waiver thereof, but any such right, remedy or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Commission, the Bank, the Administrator or the Trustee 44 Packet Pg. 156  8.2.1.a to exercise any remedy reserved to it in this Article VIII, it shall not be necessary to give any notice other than such notice as may be required this Article VIII. Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) SECTION 8.07. ASSIGNMENT TO BANK. After receipt of notice of any such assignment of this Loan Agreement to the Bank pursuant to Section 8.03 hereof, the Public Agency will make all payments required under Article V hereof directly to the Bank, in accordance with the terms hereof and of the Credit Agreement. 45 Packet Pg. 157  8.2.1.a ARTICLE IX EXCESS FUNDS Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) SECTION 9.01. EXCESS FUNDS. Any amounts remaining in the Trust Estate after (a) full payment of the Commercial Paper Notes or provision for payment thereof so that no Commercial Paper Notes are deemed Outstanding under the Indenture, (b) all amounts owed to the Bank under the Credit Agreement have been paid and the Credit Facility terminated, and (c) all fees, charges and expenses required to be paid pursuant to the Indenture have been paid, shall, after being held for one hundred twenty- three (123) days after such full payment or provision shall have been made and no claim shall have been made thereon, be rebated by the Trustee to Public Agency in an amount certified by the Administrator as being equal to the amount remaining in the Trust Estate (as defined in the Indenture) multiplied by the result of (i) the dollar amount of interest (other than any interest representing that portion of an interest payment reflecting the Bank Rate) theretofore received by the Trustee hereunder, divided by (ii) the total dollar amount of all interest payments theretofore received by the Trustee on all loan agreements outstanding under the Pooled Commercial Paper Loan Program (other than any interest representing that portion of an interest payment reflecting the Bank Rate). 46 Packet Pg. 158  8.2.1.a ARTICLE X MISCELLANEOUS Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) SECTION 10.01. NOTICES. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, or provided by electronic mail to the appropriate parties: Commission: Florida Local Government Finance Commission c/o Florida Association of Counties, Inc. 100 South Monroe Street Tallahassee, Florida 32301 Attention: Director of Commercial Paper Program Telephone: 850/922-4300 Telecopy: 850/488-7501 Public Agency: Okaloosa County, Florida 302 N. Wilson Street, Suite 203 Crestview, Florida 32536 Attention: Clerk to the Board of County Commissioners Telephone: 850/689-5000, x 3411 Telecopy: 850/689-5882 and Okaloosa Regional Airport 1701 State Road 85 Eglin AFB, Florida 32542 Attention: Airport Director Telephone: 850/651-7160, x 206 Telecopy: 850/651-7164 Administrator: Florida Association of Counties, Inc. 100 South Monroe Street Tallahassee, Florida 32301 Attention: Director of Commercial Paper Program Telephone: 850/922-4300 Telecopy: 850/488-7501 Dealer: JPMorgan Chase Securities Inc. 420 South Orange Ave Suite 270 Orlando, Florida 32801 Telephone: (407) 236-5435 Telecopy: (407) 235-5444 47 Packet Pg. 159  8.2.1.a Trustee: U.S. Bank National Association Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) Mail Code EX-FL-UORT 225 E. Robinson Street, Suite 250 Orlando, Florida 32801 Attention: Corporate Trust Services Telephone: 407/835-3810 Telecopy: 407/835-3814 Bank: JPMorgan Chase Bank, N.A. 420 South Orange Avenue, Suite 250 Orlando, Florida 32801 Attention: Government, Non-Profit & Healthcare Telephone Number: 407/236-5464 Facsimile Number: 407/218-5355 Bond Counsel: Nabors, Giblin & Nickerson, P.A. 2502 Rocky Point Drive, Suite 1060 Tampa, Florida 33607 Telephone: 813/281-2222 Telecopy: 813/281-0129 Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Notices to the Trustee shall be effective only upon the receipt thereof by the Trustee. SECTION 10.02. BINDING EFFECT. To the extent provided herein, this Loan Agreement shall be binding upon the Public Agency and the Commission and shall inure to the benefit of the Public Agency, the Commission, the Bank, the Administrator and the Trustee and their respective successors and assigns. SECTION 10.03. SEVERABILITY. In the event any provision of this Loan Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION 10.04. AMENDMENTS, CHANGES AND MODIFICATIONS. This Loan Agreement may be amended by the Commission and the Public Agency, with the prior written consent of the Bank, as provided in Section 8.05 of the Indenture. SECTION 10.05. EXECUTION IN COUNTERPARTS. This Loan Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 48 Packet Pg. 160  8.2.1.a SECTION 10.06. APPLICABLE LAW. This Loan Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) SECTION 10.07. WAIVER OF JURY TRIAL. To the extent permitted by applicable law, each of the Public Agency, the Commission and the Bank, knowingly, voluntarily and intentionally waives any right each may have to a trial by jury in respect of any litigation based on, or arising out of, under or in connection with this Loan Agreement, the Loans or any agreement contemplated to be executed in connection with this Loan Agreement, or any course of conduct, course of dealing, statements (whether verbal or written) or actions of any party with respect hereto. This provision is a material inducement to the Bank agreeing to provide credit and liquidity support to Loans hereunder. SECTION 10.08. BENEFIT OF NOTEHOLDERS; COMPLIANCE WITH INDENTURE. This Loan Agreement is executed in part to induce the purchase of the Commercial Paper Notes. Accordingly, all covenants, agreements and representations on the part of the Public Agency and the Commission, as set forth in this Loan Agreement, are hereby declared to be for the benefit of the Holders, from time to time, of the Commercial Paper Notes and of the Bank. SECTION 10.09. CONSENTS AND APPROVALS. Whenever the written consent or approval of the Commission shall be required under the provisions of this Loan Agreement, such consent or approval may be given by an Authorized Officer of the Commission or such other additional person provided by rules, regulations or resolutions of the Commission. SECTION 10.10. IMMUNITY OF OFFICERS, EMPLOYEES AND MEMBERS OF COMMISSION. No recourse shall be had for any representation, obligation, covenant or agreement in this Loan Agreement against any past, present or future officer, member, employee, director or agent of the Commission, as such, and all such liability of any such officers, members, employees, directors or agents, as such, is hereby expressly waived and released as a condition of and consideration for the execution of this Loan Agreement. SECTION 10.11. CAPTIONS. The captions or headings in this Loan Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Loan Agreement. SECTION 10.12. NO PECUNIARY LIABILITY OF COMMISSION. No provision, covenant or agreement contained in this Loan Agreement on behalf of the Commission, or any obligation herein imposed upon the Commission, or the breach thereof, shall constitute an indebtedness or liability of the State or any political subdivision of the State (excluding the participating public agencies to the extent of their obligations under their respective loan agreements) or any public corporation or 49 Packet Pg. 161  8.2.1.a governmental agency existing under the laws thereof other than the Commission. In making the agreements, provisions and covenants set forth in this Loan Agreement, the Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) Commission has not obligated itself except with respect to the Trust Estate. SECTION 10.13. PAYMENTS DUE ON SATURDAYS, SUNDAYS AND HOLIDAYS. In any case where the date for making any payment or the last date for performance of any act or the exercise of any right, as provided in this Loan Agreement, shall be other than a Business Day, then such payment or performance shall be made on the succeeding Business Day with the same force and effect as if done on the nominal date provided in this Loan Agreement, provided that interest on any monetary obligation hereunder shall accrue at the applicable rate to and including the date of such payment. SECTION 10.14. RIGHT OF OTHERS TO PERFORM PUBLIC AGENCY'S COVENANTS. If the Public Agency shall fail to make any payment or perform any act required to be performed hereunder, then and in each such case the Commission, the Bank, the Administrator or the Trustee or any of them, may (but shall not be obligated to) remedy such default for the account of the Public Agency and make advances for that purpose. No such performance or advance shall operate to release the Public Agency from any such default and any sums so advanced by the Commission or the Trustee shall bear interest at the Default Rate from the date of the advance until repaid as provided herein. IN WITNESS WHEREOF, the Commission has caused this Loan Agreement to be executed in its corporate name with its corporate seal hereunto affixed and attested by its duly authorized officers as of the date first above written. FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION (SEAL) By: Interim Chairman Attest: Secretary-Treasurer 50 Packet Pg. 162  8.2.1.a IN WITNESS WHEREOF, the Public Agency has caused this Loan Agreement to be executed in its name with its seal hereunto affixed and attached by its duly Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) authorized officers as of the date first above written. OKALOOSA COUNTY, FLORIDA (SEAL) By: Chair Attest: By: Clerk Approved as to form and legal sufficiency: ___________________________________ County Attorney 51 Packet Pg. 163  8.2.1.a IN WITNESS WHEREOF, the Bank has caused this Loan Agreement to be executed in its name by its duly authorized officer as of the date first above written. Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) JPMORGAN CHASE BANK, N.A. By: Authorized Signatory 52 Packet Pg. 164  8.2.1.a EXHIBIT A Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) OPINION OF PUBLIC AGENCY'S COUNSEL IN CONNECTION WITH LOAN [Letterhead of Counsel to Public Agency] [Date of the Draw] Florida Local Government U.S. Bank National Association, Finance Commission as Trustee Tampa, Florida Orlando, Florida JPMorgan Chase Bank, N.A., Nabors, Giblin & Nickerson, P.A. as Letter of Credit Provider Tampa, Florida Orlando, Florida Gentlemen: I am counsel to Okaloosa County, Florida (the "Public Agency"), and have been requested by the Public Agency to give this opinion in connection with a loan in the principal amount of $_______________ (the "Loan") by the Florida Local Government Finance Commission (the "Commission") to the Public Agency of funds to finance, refinance or reimburse the cost of ___________________ (the "Project") [the Public Agency Expenses (as defined in the hereinafter defined Loan Agreement] pursuant to the terms and conditions of the Loan Agreement (Airport Revenues), dated as of ___________, 2012 (the "Loan Agreement"), among the Commission, the Public Agency and JPMorgan Chase Bank, N.A. In this connection, I have reviewed such records, certificates and other documents as I have considered necessary or appropriate for the purposes of this opinion, including Chapter 125, Florida Statutes, Chapter 163, Florida Statutes, and other applicable provision of law, the relevant resolutions or ordinances adopted by the Board of County Commissioners of the Public Agency approving the Loan (collectively, the "Resolution"), the Loan Agreement and the Trust Indenture, dated as of June 6, 2011, (the "Indenture"), between the Commission and U.S. Bank, National Association, as Trustee. Based on such review and such investigation as I have deemed necessary and such other consideration of law and fact as I believe to be relevant, I am of the opinion that: A-1 Packet Pg. 165  8.2.1.a 1. The Public Agency is a duly constituted political subdivision of the State of Florida ("State"), validly existing and in good standing under the laws of the State, is not Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) in violation of any provision of law material to the transactions contemplated by the Loan Agreement and the Loan, and has all requisite power and authority to execute and deliver the Loan Agreement and the Loan Note or Notes (as defined in the Loan Agreement) related to the Project [Public Agency Expenses], to enter into the Loan and to acquire, construct and equip the Project [finance the Public Agency Expenses]. 2. No approval, authorization, consent or other order of any governmental entity or of any court, public board or body (other than those already obtained), and no approving referendum of the qualified electors of the Public Agency, is legally required for the Public Agency to enter into and perform its obligations under the Loan Agreement and the Loan Note related to the Project [Public Agency Expenses]. 3. The Public Agency has the requisite power to acquire, construct and equip the Project [finance the Public Agency Expenses] and to enter into the Loan Agreement and the Loan and has duly authorized the execution and delivery of the Loan Agreement and the Loan Note related to the Project [Public Agency Expenses] and receipt of the Loan. The Public Agency is duly authorized to use the proceeds of the Loan to finance, refinance or reimburse the costs of acquiring, constructing and equipping the Project [finance the Public Agency Expenses]. 4. The Loan Agreement creates a valid pledge of and lien upon the Designated Revenues (as defined in the Loan Agreement). 5. Neither the execution and delivery of the Loan Agreement, receipt of the Loan nor the consummation of the transactions contemplated thereby, nor the fulfillment of or compliance with the terms and conditions of the Loan Agreement conflicts with or results in a breach of any of the terms, conditions or provisions of the Constitution or laws of the State (including any limit on indebtedness), or any corporate restriction or any agreement, instrument or governmental or court order to which the Public Agency is now a party or by which it is bound or constitutes a default under any of the foregoing. 6. The Public Agency has obtained all permits and approvals required by any court, governmental body or officer for the execution and delivery of the Loan Agreement and the Loan Note related to the Project [Public Agency Expenses] and receipt of the Loan; the Public Agency has complied with any applicable provisions of law requiring any notification, declaration, filing or registration with any court, governmental body or officer in connection with the execution, delivery and performance of the Loan Agreement, the Loan Note related to the Project [Public Agency Expenses] and the Loan. 7. The Loan Agreement and the Loan Note related to the Project [Public Agency Expenses] have been duly and validly authorized, executed and delivered, are in A-2 Packet Pg. 166  8.2.1.a full force and effect, and each is a valid and legally binding obligation of the Public Agency, enforceable in accordance with its respective terms, except to the extent that the Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) enforceability thereof may be limited by laws relating to the bankruptcy or insolvency of the Public Agency or other similar laws affecting creditors' rights generally or by general principles of equity. 8. To the best of my knowledge (based upon due inquiry and investigation), there is no litigation or legal or governmental action, proceeding, inquiry or investigation pending or threatened by judicial or governmental authorities to which the Public Agency is a party or any property of the Public Agency is subject, which, if determined adversely to the Public Agency, would individually or in the aggregate (a) adversely affect the validity or the enforceability of the Loan Agreement, the Loan Note related to the Project [Public Agency Expenses] or the Loan, (b) otherwise materially and adversely affect the ability of the Public Agency to comply with its obligations under the Loan Agreement or the Loan Note related to the Project [Public Agency Expenses], or (c) materially and adversely affect the acquisition, construction and equipping of the Project [financing of the Public Agency Expenses]. 9. The Public Agency is subject to suit in a court of competent jurisdiction by the Trustee or the Commission for the failure to pay any amounts due and owing by the Public Agency under, or the failure to perform any obligation required by, the Loan Agreement and the Public Agency is not entitled to the defense of sovereign immunity or any other comparable defense in any such suit. 10. The Resolution has been duly adopted and is valid and binding upon the Public Agency in accordance with the terms thereof, except to the extent that the enforceability thereof may be limited by laws relating to bankruptcy or insolvency of the Public Agency or other similar laws affecting creditors' rights generally or by general principles of equity. [Additional opinions regarding the Pledged Revenues, if any, including the validity, enforceability and priority thereof as may be required by the Administrator, the Bank or the Trustee.] All capitalized terms used in this opinion but not defined herein shall have the meanings ascribed to such terms in the Loan Agreement. Nabors, Giblin & Nickerson, P.A., Tampa, Florida, Bond Counsel to the Commission, may rely upon this opinion, as if the same were addressed to such firm. Very truly yours, A-3 Packet Pg. 167  8.2.1.a EXHIBIT B Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) CERTIFICATE OF PUBLIC AGENCY IN CONNECTION WITH LOAN TO FINANCE PROJECT The undersigned, _______________ and ________________ of ____________, Florida (the "Public Agency"), acting for and on behalf of the Public Agency, hereby certify as of the date hereof that the representations and warranties of the Public Agency set forth in the Loan Agreement (Airport Revenues), dated as of __________, 2012 among the Public Agency, the Florida Local Government Finance Commission and JPMorgan Chase Bank, N.A. (the "Loan Agreement"), are true and correct in all material respects on the date hereof; the Public Agency is in compliance with all terms, covenants and conditions of the Loan Agreement on the date hereof; no Event of Default (as defined in the Loan Agreement) or condition, event or act which with notice or lapse of time or both would become an Event of Default exists on the date hereof; and the computation of the interest rate on the Loan Note or Notes (as defined in the Loan Agreement) issued by the Public Agency on the date hereof is in compliance with the requirements provided in Section 215.84(3), Florida Statutes. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and affixed the official seal of the Public Agency duly attested as of this __________ day of __________, 20__. (SEAL) OKALOOSA COUNTY, FLORIDA By: Attest: By: Title: B-1 Packet Pg. 168  8.2.1.a EXHIBIT C Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) FORM OF CREDIT FACILITY FEES CERTIFICATE The following shall constitute the letter of credit fees for the [Loan] [Draw] made by the Commission to the Public Agency on : Pursuant to the Credit Agreement and the Fee Letter between the Commission and the Bank, dated as of June 6, 2011, the letter of credit fees will increase by 10 basis points for each ratings downgrade of the Public Agency and by 100 basis points upon an Event of Default under the Loan Agreement. The letter of credit fee applicable to each Draw shall be calculated pursuant to Section 5.02(c) of the Loan Agreement. Accepted and Approved: PUBLIC AGENCY By: Title: ADMINISTRATOR By: Title: BANK By: Title: C-1 Packet Pg. 169  8.2.1.a EXHIBIT D Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) UNITED STATES OF AMERICA STATE OF FLORIDA OKALOOSA COUNTY, FLORIDA REVENUE NOTE, DRAW NO. ___ (AIRPORT REVENUES) (JPMorgan Chase Bank) Principal Sum Date of Issuance Final Maturity Date KNOW ALL MEN BY THESE PRESENTS, that the Okaloosa County, Florida (the "Public Agency"), for value received, hereby promises to pay, solely from the Designated Revenues described in the within-mentioned Loan Agreement, to the order of the Florida Local Government Finance Commission, Tallahassee, Florida, or its successors or assigns (the "Noteholder"), the Principal Sum stated above advanced pursuant to that certain Loan Agreement (Airport Revenues) by and among the Florida Local Government Finance Commission, the Public Agency and JPMorgan Chase Bank, N.A., dated as of ____________, 2012 (the "Loan Agreement"), and to pay interest on such Principal Sum from the Date of Issuance identified above or from the most recent date to which interest has been paid at the interest rate per annum identified in the Loan Agreement commencing on the Date of Issuance until such Principal Sum shall have been paid. The Principal Sum hereof shall be payable upon the Final Maturity Date or earlier prepayment in accordance with the terms of the Loan Agreement and this Note. The Public Agency agrees to make all Loan Repayments in accordance with the terms of the Loan Agreement. Such Principal Sum and interest is payable in any coin or currency of the United States of America which, at the time of payment, is legal tender for the payment of public and private debts. [Insert Repayment Schedule.] This Note is issued under the authority of and in full compliance with the Constitution and statutes of the State of Florida, including, particularly, Chapter 125, Florida Statutes, and other applicable provisions of law, a resolution duly adopted by the Public Agency on _______________ (the "Resolution"), as such resolution may be amended and supplemented from time to time, and is subject to all terms and conditions of the Resolution and the Loan Agreement. Any term used in this Note and not otherwise defined shall have the meaning ascribed to such term in the Loan Agreement. This Note is being issued to finance or refinance the costs of . This Note is secured by and shall be payable from the Designated Revenues as described in the Loan Agreement; provided, however, the lien on and pledge of the Net Revenues D-1 Packet Pg. 170  8.2.1.a granted under the Loan Agreement shall be junior and subordinate in all respects to the lien thereon and pledge thereof granted with respect to the Senior Obligations issued Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) under the Airport Indenture (as such terms are defined in the Loan Agreement). [The Noteholder shall have a pledge of and lien on _____________, which shall be part of the Designated Revenues.] This Note is subject to optional and mandatory prepayment as provided in the Loan Agreement. Notwithstanding any provision in this Note to the contrary, in no event shall the interest contracted for, charged or received in connection with this Note (including any other costs or considerations that constitute interest under the laws of the State of Florida which are contracted for, charged or received) exceed the maximum rate of interest allowed under the State of Florida as presently in effect. This Note, when delivered by the Public Agency pursuant to the terms of the Loan Agreement and the Resolution, shall not be or constitute an indebtedness of the Public Agency or of the State of Florida, within the meaning of any constitutional, statutory or charter limitations of indebtedness, but shall be payable solely from the Designated Revenues, as provided in the Loan Agreement and the Resolution. No Noteholder shall ever have the right to compel the exercise of the ad valorem taxing power of the Public Agency or the State, or taxation in any form of any property therein to pay the Note or the interest thereon, except to the extent otherwise specifically provided in the Loan Agreement. All terms and provisions of the Loan Agreement are hereby incorporated by reference herein. IN WITNESS WHEREOF, the Public Agency caused this Note to be signed by the manual signature of the Chairman of the Board of County Commissioners of the Public Agency (the "Board") and the seal of the Public Agency to be affixed hereto or imprinted or reproduced hereon, and attested by the manual signature of the Clerk of the Board and this Note to be dated the Date of Issuance set forth above. OKALOOSA COUNTY, FLORIDA (SEAL) By: Chair ATTEST: Clerk D-2 Packet Pg. 171  8.2.1.a EXHIBIT E Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) FORM OF AGREEMENT RE: CONTINGENCY ACCOUNT THIS AGREEMENT, dated as of __________, 2012, is entered into between Okaloosa County, Florida (the "Public Agency"), a duly constituted political of the State of Florida and U.S. Bank, National Association, as Trustee. WHEREAS, the Florida Local Government Finance Commission (the "Commission") is a legal entity and a public body corporate and politic formed pursuant to Part I, Chapter 163, Florida Statutes (the "Interlocal Act"), which Commission was created for the benefit of duly constituted counties, municipalities and other public agencies as described in the Interlocal Act, desiring to participate in a pooled commercial paper loan program in order to obtain the most cost effective, short-term financing for acquiring, constructing and equipping capital improvements and for other governmental needs; and WHEREAS, in furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A-1 (Governmental Issue)" (the "Series A Notes"), pursuant to the terms of a certain Trust Indenture, dated as of June 6, 2011 (the "Indenture"), between the Commission and the Trustee; and WHEREAS, the Public Agency has entered into a Loan Agreement with the Commission and JPMorgan Chase Bank, N.A., dated as of June 6, 2011 (the "Loan Agreement"), pursuant to which the Commission shall loan, from time to time, to the Public Agency certain proceeds of the Series A Notes to enable the Public Agency to finance various capital improvements and other governmental needs; and WHEREAS, the Public Agency has agreed to repay the above-described loans upon the terms specified in the Loan Agreement; and WHEREAS, such loan repayments shall be made monthly by the Public Agency to the Trustee; and WHEREAS, in order to ensure that adequate moneys shall be on deposit with the Trustee to meet the obligations of the Public Agency incurred under the Loan Agreement, the Commission shall require the Public Agency to establish a contingency account with the Trustee; NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the parties hereto agree as follows: E-1 Packet Pg. 172  8.2.1.a SECTION 1. ESTABLISHMENT OF CONTINGENCY ACCOUNT. The Trustee agrees to establish and hold for the Public Agency an account entitled Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) "Okaloosa County, Florida (Airport Revenues) Commercial Paper Note Contingency Account" (the "Contingency Account"). The Public Agency agrees to maintain a balance in the Contingency Account at least equal to 175 basis points (1.75%) times the Loan Amounts outstanding under the Loan Agreement times one-twelfth (the "Contingency Account Requirement"). In the event moneys in the Contingency Account are less than the Contingency Account Requirement, the Trustee shall notify the Administrator of the amount of such deficiency, which, in turn, shall notify the Public Agency. The Public Agency agrees to cure such deficiency at the time its next monthly Loan Repayment becomes due in accordance with the terms of the Loan Agreement. Moneys in the Contingency Account in excess of the Contingency Account Requirement shall be used as a credit on the next Loan Repayment due or, if no Loan Repayment shall thereafter be due, such moneys shall be returned to the Public Agency. No later than the 20th day of each month, the Trustee shall notify the Administrator of the amounts in the Contingency Account on the 15th day of such month. SECTION 2. USE OF MONEYS IN CONTINGENCY ACCOUNT. The moneys in the Contingency Account shall be used solely for the purpose of making the Public Agency's Loan Repayments arising under the Loan Agreement when the other moneys received by the Trustee from the Public Agency are insufficient for such purpose. Moneys in the Contingency Account shall be transferred by the Trustee to the accounts established by the Indenture in such amounts as shall be owing in relation thereto by the Public Agency pursuant to the Loan Agreement. Any moneys received by the Trustee as Loan Repayments made by the Public Agency which are in excess of the amounts required to be paid by the Public Agency pursuant to the Loan Agreement shall be deposited by the Trustee into the Contingency Account. SECTION 3. INVESTMENTS. The moneys in the Contingency Account shall be invested by the Trustee at the written direction of the Administrator in the securities described in clause (1), (2), (6), (7) and (8) of the definition of Investment Obligations (as defined in the Indenture). All investment earnings shall be retained in the Contingency Account and be utilized in accordance with the terms of this Agreement, including such earnings being used as a credit toward the next Loan Repayment due. The Trustee shall not be liable for any loss incurred with respect to any purchase or sale. SECTION 4. ACCOUNT NOT PART OF TRUST ESTATE. Moneys in the Contingency Account shall not be part of the Trust Estate established pursuant to the Indenture. Moneys in the Contingency Account are not pledged to the payment of the principal of and interest on the Series A Notes. Moneys in the Contingency Account shall not be used to make the loan repayments of any other public agency participating in the Pooled Commercial Paper Loan Program. E-2 Packet Pg. 173  8.2.1.a SECTION 5. REMEDIES. In the event the Public Agency violates any provision of this Agreement, the Trustee, the Commission and/or the Administrator may Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) take any action and enforce any remedy as shall be provided by law. SECTION 6. NOTICE. The Trustee shall immediately notify the Administrator of any violation of this Agreement by the Public Agency to which the Trustee becomes aware. SECTION 7. AMENDMENTS. This Agreement may be amended at any time by the parties hereto provided the Administrator and the Bank (as defined in the Indenture) have agreed in writing to such amendment. The Trustee agrees not to refuse to execute any amendment hereto which does not materially adversely affect it. SECTION 8. THIRD PARTY BENEFICIARIES. The Commission and the Administrator shall be third party beneficiaries to this Agreement. SECTION 9. TERMINATION. This Agreement shall terminate simultaneously with the termination of the Loan Agreement; provided, however, if the Commission and the Public Agency agree upon an earlier termination date, this Agreement shall terminate on such date. SECTION 10. DEFINITIONS. Unless the context or use indicates another meaning or intent, terms not otherwise defined herein shall have the meanings assigned thereto by the Loan Agreement. SECTION 11. APPLICABLE LAW. The laws of the State of Florida shall govern the construction of this Agreement. SECTION 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same Agreement. SECTION 13. NOTICES. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, to the parties at the following addresses: Public Agency: Okaloosa County, Florida 302 N. Wilson Street, Suite 203 Crestview, Florida 32536 Attention: Clerk to the Board of County Commissioners Telephone: 850/689-5000, ext 3411 Telecopy: 850/689-5882 E-3 Packet Pg. 174  8.2.1.a Administrator: Florida Association of Counties, Inc. 100 South Monroe Street Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) Tallahassee, Florida 32301 Attention: Director of Commercial Paper Program Telephone: (850) 922-4300 Telecopy: (850) 488-7501 Trustee: U.S. Bank National Association Mail Code EX-FL-UORT 225 E. Robinson Street, Suite 250 Orlando, Florida 32801 Attention: Corporate Trust Services Telephone: (407) 835-3810 Telecopy: (407) 835-3814 Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Notices to the Trustee shall be effective only upon the receipt thereof by the Trustee. E-4 Packet Pg. 175  8.2.1.a IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first written hereon. Attachment: Okaloosa Loan Agreement (Airport Revenues) (1111 : Approval of Resolution to Refinance Capital Projects Loan) OKALOOSA COUNTY, FLORIDA By: Chairman ATTEST: By: Clerk U.S. BANK NATIONAL ASSOCIATION By: Authorized Officer ACCEPTED AND ACKNOWLEDGED AS OF THE DATE FIRST WRITTEN HEREON FLORIDA ASSOCIATION OF COUNTIES, INC. By: Authorized Officer E-5 Packet Pg. 176  8.2.1.b Packet Pg. 177 Attachment: Coord Sheet Short Term Loan (1111 : Approval of Resolution to Refinance Capital Projects Loan)  8.2.1.c Packet Pg. 178 Attachment: Revised Resolution (1111 : Approval of Resolution to Refinance Capital Projects Loan)  8.2.1.c Packet Pg. 179 Attachment: Revised Resolution (1111 : Approval of Resolution to Refinance Capital Projects Loan)  8.2.1.c Packet Pg. 180 Attachment: Revised Resolution (1111 : Approval of Resolution to Refinance Capital Projects Loan)  8.2.1.c Packet Pg. 181 Attachment: Revised Resolution (1111 : Approval of Resolution to Refinance Capital Projects Loan)  8.2.1.c Packet Pg. 182 Attachment: Revised Resolution (1111 : Approval of Resolution to Refinance Capital Projects Loan)  8.2.1.c Packet Pg. 183 Attachment: Revised Resolution (1111 : Approval of Resolution to Refinance Capital Projects Loan)  8.2.1.c Packet Pg. 184 Attachment: Revised Resolution (1111 : Approval of Resolution to Refinance Capital Projects Loan)  8.2.1.c Packet Pg. 185 Attachment: Revised Resolution (1111 : Approval of Resolution to Refinance Capital Projects Loan)  8.2.1.c Packet Pg. 186 Attachment: Revised Resolution (1111 : Approval of Resolution to Refinance Capital Projects Loan)  8.2.1.c Packet Pg. 187 Attachment: Revised Resolution (1111 : Approval of Resolution to Refinance Capital Projects Loan)  8.3.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: Richard Brannon SUBJECT: Approval of Uniform Service Contract DEPARTMENT: Purchasing BCC DISTRICT: All STATEMENT OF ISSUE: Quotes were received on September 28, 2012 from (4) four companies. Aramark Uniform Services (Lynn Haven, FL) submitted the lowest responsive quote based on the attached analysis. BACKGROUND: The County's Uniform Contract has been held by Unifirst Corporation since 2006, when it was last bid out. The contract was set to expire September 30, 2012. This contract has dwindled from 400 plus uniformed employees to 87. Purchasing solicited quotes from four (4) area uniform suppliers. Funding is available in the FY 2013 budget in the amount of $64,750.00. OPTIONS: Award or Reject. RECOMMENDATIONS: Staff have reviewed the quotes and recommends awarding the contract to Aramark Uniform Services and authorize the Chairman to sign the subsequent contract document. Also, authorize an extension of the current contract with Unifirst (#C06-1277-PUR) through the end of November, 2012, to allow for the transition to Aramark. RECOMMENDED BY: Packet Pg. 188  8.3.1 APPROVED BY: James D. Curry, County Administrator Packet Pg. 189  8.3.1.a Packet Pg. 190 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 191 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 192 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 193 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 194 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 195 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 196 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 197 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 198 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 199 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 200 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 201 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 202 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 203 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 204 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 205 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 206 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 207 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 208 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 209 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 210 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 211 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 212 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 213 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 214 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.a Packet Pg. 215 Attachment: Uniform Contract agenda attachment (1114 : Approval of Uniform Service Contract)  8.3.1.b ANNUAL BUDGETED FUNDS FOR UNIFORMS BY DEPARTMENT Attachment: Uniform Service Budget Info [Revision 1] (1114 : Approval of Uniform Service Contract) INFORMATION SYSTEMS $750.00 EMERALD COAST CONVENTION CENTER $8,000.00 WATER & SEWER $50,000.00 FLEET $3,000.00 TOTAL $61,750.00 Packet Pg. 216  8.3.1.c Packet Pg. 217 Attachment: Aramark Uniform Serv - Internal Coordination (1114 : Approval of Uniform Service Contract)  8.3.1.d Packet Pg. 218 Attachment: Uniform contract quotes (1114 : Approval of Uniform Service Contract)  8.3.1.d Packet Pg. 219 Attachment: Uniform contract quotes (1114 : Approval of Uniform Service Contract)  8.3.1.d Packet Pg. 220 Attachment: Uniform contract quotes (1114 : Approval of Uniform Service Contract)  8.3.1.d Packet Pg. 221 Attachment: Uniform contract quotes (1114 : Approval of Uniform Service Contract)  8.3.1.d Packet Pg. 222 Attachment: Uniform contract quotes (1114 : Approval of Uniform Service Contract)  8.3.1.d Packet Pg. 223 Attachment: Uniform contract quotes (1114 : Approval of Uniform Service Contract)  8.4.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Shalimar Annex Renovation Project Task Force Authorization DEPARTMENT: Facility Maintenance BCC DISTRICT: ALL STATEMENT OF ISSUE: Request Board authorization to form a stakeholder steering committee called the "Shalimar Annex Renovation Project Task Force". BACKGROUND: The Board recently entered into a contract with Lord & Son for the Phase I design work for the renovation of the Shalimar Annex. To support their efforts in composing a space allocation plan and an operationally efficient design, input from the various user groups is necessary. With the time to complete the design work being so short, the Task Force needs to be assembled right away. The attachment holds the names of the user groups that will make up the Task Force, should the BCC authorize its formation. Each user group may appoint a primary representative who will be a member of the Task Force. Each user group may appoint an alternate who may stand in for the primary representative when the primary representative is unable to attend the Task Force meetings. In addition to a representative from each user group, certain county staff will make up the "Project Team" as outlined in the attached document. The Task Force will be making recommendations to the Board of County Commissioners about this project; therefore, it will be subject to the sunshine provisions. The sunshine provisions require proper public notice of scheduled meetings, among other requirements, and meetings will be open for the public to attend. OPTIONS: Approve, Reject or Table RECOMMENDATIONS: The Board is requested to authorize the formation of the Shalimar Annex Renovation Project Task Force. Packet Pg. 224  8.4.1 RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 225  8.4.1.a Attachment: Shalimar Annex Renovation Project - Task Force (1127 : Shalimar Annex Renovation Project Task Force Authorization) SHALIMAR ANNEX RENOVATION PROJECT TASK FORCE STAKEHOLDER REPRESENTATIVES USER GROUP NAME BCC: Chairman or designee Clerk of Courts: Clerk of Courts or designee Sheriff’s Office: County Sheriff or designee Supervisor of Elections: Supervisor of Elections or designee Tax Collector: Tax Collector or designee Property Appraiser: Property Appraiser or designee Judicial: Chief Administrative Judge or designee Court Administration: Senior Court Administrator or designee Guardian ad Litem: Guardian ad Litem or designee State Attorney: Assistant State Attorney or designee Public Defender: Assistant Public Defender or designee ADDITIONAL NON-VOTING MEMBERS OF THE TASK FORCE County’s Project Team: County Administrator, or designee, will act as the “Project Executive” Public Works Director, or designee, will represent County Engineering Facilities Maintenance Director will act as “Project Manager” Packet Pg. 226  8.5.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: John Vaughn SUBJECT: Approval of Fuel Card Agreement DEPARTMENT: Fleet BCC DISTRICT: All STATEMENT OF ISSUE: Fleet Operations seeks to "piggyback" on the State of Florida's fuel card agreement with Wright Express. County costs will be the same paid by the State of Florida. BACKGROUND: Our current universal fuel card provider Comdata no longer is under contract with the State of Florida for fueling services. To maintain favorable pricing Fleet Operations wants to “piggyback” on the current State of Florida Fleet Fuel Card Program for the use of Wright Express fuel cards. Transition to Wright Express will be seamless to our departments with the Wright Express cards going in place prior to ending our use of Comdata cards. Wright Express offers pay-at-the-pump fueling at all major brand gasoline and diesel fuel locations across the USA. At commercial stations drivers will have the choice of using either Wright Express or Fuelman cards. At Fleet Operations' in-house sites we will continue to use the Fuelman cards only. The price for Wright Express fuel will be retail less 1.45%. RECOMMENDATION: Authorize staff to "piggyback" on State of Florida Fleet Fuel Card Program by entering into contract with Wright Express and authorize the Chairman to sign the addendum to the fuel cards service agreement. RECOMMENDED BY: Packet Pg. 227  8.5.1 APPROVED BY: James D. Curry, County Administrator Packet Pg. 228  8.5.1.a ADDENDUM TO THE FUEL CARD SERVICES AGREEMENT BETWEEN WRIGHT EXPRESS FINANCIAL SERVICES CORPORATION (“WEX FSC”) AND THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES (the “STATE”) CREDIT INFORMATION Participating Entity agrees that in the event the account is not paid as agreed, WEX FSC may report the undersigned’s liability for and the status of the account to credit bureaus and others who may lawfully receive such information. Participating Entity Phone # Fax# OKALOOSA COUNTY FLEET OPERATIONS 850-689-5775 850-689-5787 Business Name and Physical Address (Do not include PO Box) Applicant’s Taxpayer ID # (TIN, FEIN or SSN) 2798 GOODWIN AVENUE, CRESTVIEW FL 32539 59-6000765 In Business Since (yyyy) Year of Incorporation (yyyy) Number of Vehicles Avg Monthly Fuel Expenditures Avg Monthly Service Expenditures 375 $50,000 $0 Attachment: Participation Agreement - State of Florida (1119 : Approval of Fuel Card Agreement) ACCOUNT SETUP INFORMATION Write Participating Entity name as you wish it to appear on cards. Limit of 20 characters & spaces. Unless specified, no company name will appear on cards. OKALOOSA CO FLEET OP Billing Contact Billing Address City State Zip+4 JOHN VAUGHN 2798 GOODWIN AVENUE CRESTVIEW FL 32539-6058 Designate the Fleet Contact authorized to receive all charge cards, reports, and other such information we provide from time to time and to take actions with respect to your account and account access. This is also the person designated by your company to provide all fleet vehicles, driver and other information we may request. Authorized Fleet Contact Name Title Phone # Fax # BRENDA KILE PROGRAM TECH II 850-689-5775 850-689-5787 Mailing Address (if different from billing address) City State Zip+4 Email address (required to take advantage of product type card controls) bkile@co.okaloosa. fl.us Card Controls: To help us estimate your credit needs, indicate the types of cards you anticipate using. If you provide a valid email address above, you can select from these product type options: All Products Fuel & Service Fuel & Fluids with Roadside Assistance Fuel with Roadside Assistance Mix of card types Check here if business is exempt from motor fuels tax TERMS DEFINITIONS: “Agreement” means: Contract No.973-163-10-1 effective August 6, 2010 for Fuel Cards and Fuel Management Services (the “Agreement”) between the State of Florida Department of Management Services and WEX FSC. “Participating Entity” shall mean the Participating Entity as defined in the Agreement permitted to purchase services under the Agreement, as specified in the Credit Information above. All other capitalized terms used in this Addendum without definition have the meanings set forth in the Agreement. AGREEMENTS OF WEX FSC AND PARTICIPATING ENTITY: 1. This Addendum is to allow the Participating Entity to participate under the Agreement between WEX FSC and the State. It does not modify, amend or change the Agreement in any way. 2. Participating Entity represents that it is authorized or allowed by the laws of its home state to enter into this Addendum and to participate under the Agreement. 3. Participating Entity hereby requests the services of WEX FSC described in the Agreement and agrees to perform all duties of a Participating Entity under the Agreement, including, without limitation, payment of all charges on its account(s) within the time periods provided under the Agreement, payment of any fees provided in the Agreement, and cooperation with respect to providing all necessary information for the administration of the Agreement. Participating Entity agrees to be bound by the terms and conditions of the Agreement, including, without limitation, rules for authorized and unauthorized use of cards, disputes of charges, reporting lost and stolen cards, and all other rules and provisions relating to use of Participating Entity’s account. 4. Participating Entity acknowledges that its failure to make timely payment in accordance with the terms of the Agreement and/or the Addendum may result in suspension or cancellation of the account(s). The undersigned represents and warrants that he/she is duly authorized to execute this Addendum on behalf of the Participating Entity and this Addendum is the valid and binding obligation of the Participating Entity, enforceable in accordance with its terms. INFORMATION SHARING DISCLOSURE: Information regarding your transactions may be provided to the State, accepting merchants or their service providers to facilitate discounts or other promotional campaigns of interest to you. U.S.A. PATRIOT ACT: Our bank complies with Section 326 of the USA PATRIOT Act which requires all financial institutions to obtain, verify, and record information that identifies each company or person who opens an account. What this means for you: when you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents for your business. DISCLAIMER: THIS IS AN APPLICATION FOR SERVICES AND SHALL NOT BE BINDING UPON WEX FSC UNTIL FINAL CREDIT APPROVAL HAS BEEN GRANTED BY WEX FSC. CONTRACTING AGENCY AUTHORIZED SIGNATURE REQUIRED Any person signing on behalf of the Participating Entity has been duly authorized by all necessary action of Applicant's governing body, and that the undersigned is authorized to make this application on behalf of the Participating Entity. Signature: Printed Name: Title: Date: Complete and sign addendum. Fax to 1-800-831-4019. FOR OFFICE Oppty Number Sales Code Plastic Type Coupon Code Account Number USE ONLY 10900154 SFL2 FL1 04 04.ADDEND.CRDAPP (11/08) Packet Pg. 229  8.5.1.b Packet Pg. 230 Attachment: WEX FSC completed coordination (1119 : Approval of Fuel Card Agreement)  8.5.1.c Packet Pg. 231 Attachment: WEX State Fuel Card Contract (1119 : Approval of Fuel Card Agreement)  8.5.1.c Packet Pg. 232 Attachment: WEX State Fuel Card Contract (1119 : Approval of Fuel Card Agreement)  8.5.1.c Packet Pg. 233 Attachment: WEX State Fuel Card Contract (1119 : Approval of Fuel Card Agreement)  8.5.1.c Packet Pg. 234 Attachment: WEX State Fuel Card Contract (1119 : Approval of Fuel Card Agreement)  8.5.1.c Packet Pg. 235 Attachment: WEX State Fuel Card Contract (1119 : Approval of Fuel Card Agreement)  8.6.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Extension of Maintenance Bond for Mossy Oaks Plantation Phase 1 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 1 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 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. The developer is requesting approval from the Board of County Commissioners to obtain an extension to the letter of credit so that they can perform the necessary repairs. If approval from the Board of County Commissioners is granted, the developer will have until November 28, 2012 to present the new letter of credit to staff for formal acceptance by the Board of County Commissioners at the next regularly scheduled meeting. Should the Board of County Commissioners deny the request for an extension the developer shall have until December 14, 2012 to perform all repairs or the County will act on the existing letter of credit. OPTIONS: Approve/Disapprove the developer’s request and authorize action on the letter of credit to perform the necessary repairs. RECOMMENDATIONS: Approve a one (1) year extension of the maintenance bond and require the developer to submit the extended bond on or before November 28, 2012. Packet Pg. 236  8.6.1 RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 237  8.6.1.a Attachment: 18 Month Inspection Report Mossy Oak Plantation Phase 1 (1065 : Extension of Maintenance Bond for Mossy Oaks Plantation INSPECTION REPORT TO: Edwin S. Sanguyo, P.E. Public Works/Engineering FROM: Jerome Gibson Public Works/Engineering DATE: July 12, 2012 SUBJECT: Mossy Oak Subdivision Phase I Warranty Inspection – 18 month period The above project was inspected for compliance with approved plans and for performance/wear during the 18 month warranty period. DATE OF INSPECTION: July 12, 2012 INSPECTORS: Jerome Gibson/ P I, Tim Stanley/NRDMS, Rob Vandenbroeck /RDOM, Clay Simmons, PE/RDM, Edwin Sanguyo PE/ED. The following deficiencies were noted: 1. Please provide plans for the repair work to be performed along Kais. The asphalt surface exhibits excessive wear, there are indications of base failure and the curbing on the south/west side of the roadway has rolled away from the cross slope. This roadway shall be repaired prior to the final acceptance and the proposed repair method shall be provided for review prior to execution. 2. All rights-of-way, retention basins and easements shall be maintained/mowed during the warranty period and prior to acceptance into the County’s permanent maintenance system. 3. It appears the stop bars are not per plans. The approved plans call for the stop bars to be 24” wide. All stop bars shall be repainted. 4. The concrete on the north side of inlet located on the south side of res # 1546 shall be removed and replaced to match existing concrete on inlet. 5. All temporary silt fencing shall be removed from retention basins and along the wood lines prior to final acceptance. 6. Replace the missing stormwater manhole lid located on the north side of retention basin # 2. Also, replace missing grate on inlet located on the north side of Lena Street. 7. The lifting holes inside of the inlets shall be filled with concrete. Packet Pg. 238  8.6.1.a Attachment: 18 Month Inspection Report Mossy Oak Plantation Phase 1 (1065 : Extension of Maintenance Bond for Mossy Oaks Plantation 8. Remove the lumber outside of chain link fence at retention basin # 2. 9. Replace concrete around inlets where cracking. 10. Remove/clip grass from all concrete curbing. 11. Install silt fence around the inlets adjacent to the cleared area on Lena Street and where sediment is entering the roadway. 12. Remove the persimmon tree from retention basin on Lena Street and clean around outfall pipe. 13. Remove and replace broken concrete around inlet on north side of Lena Street in front of resident # 1568. 14. A road name sign (Dottie Street) shall be placed at the entrance (intersection of SR 4 and Dottie Street).The Street sign shall be 8” X 30”. 15. Replace the RPM reflectors on Dottie Street near the intersection of SR 4. /jg Packet Pg. 239 Packet Pg. 240 8.6.1.b Attachment: Irrevocable Standby Letter of Credit No. 226 (1065 : Extension of Maintenance Bond for  Project Site Aerial/Location Map Mossy Oaks Plantation Phase 1 8.6.1.c Packet Pg. 241 Attachment: Mossy Oaks Plantation Phase 1 Aerial Map (1065 : Extension of Maintenance Bond for Mossy Oaks Plantation Phase 1)  8.6.1.d Packet Pg. 242 Attachment: Letter/request to extend the bond for Mossy Oaks Plantation Ph 1 (1065 : Extension of Maintenance Bond for Mossy Oaks  8.6.2 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Approval of Parks Advisory Committee Members DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Consideration of a proposed list of candidates for the Parks Advisory Committee. BACKGROUND: The Okaloosa County Board of County Commissioners adopted Ordinance No. 04-05 regulating County Recreation Areas in February 2004. The establishment of a Parks Advisory Committee was included within this ordinance, for the purpose of advising the BOCC and Parks Department to improve various aspects of the county recreational system. The members of the Parks Advisory Committee have been heavily involved in making parks and recreation related recommendations to the Board of County Commissioners, doing research and tapping their various contacts with the public to form these recommendations. The recently revised Parks Advisory Committee By-Laws created two At-large positions, at least one of which must be filled by a citizen from the incorporated area. Gloria Turner from the incorporated area of District 2 has submitted an application. She has been very active at the Parks Advisory Committee meetings this year. Her application is attached. Mike WrightReynolds from District 4 has also submitted an application. He has been very active at the Parks Advisory Committee meetings and has attended all their meetings this year. His application is attached. Preston Lee Bass from the incorporated area of District 3 has completed one three year term on the committee and is interested in being appointed for an additional three year term. OPTIONS: Approve / Disapprove. Packet Pg. 243  8.6.2 RECOMMENDATIONS: Approve the appointment of Gloria Turner and Mike WrightReynolds to the Parks Advisory Committee to serve three year terms in the newly created At-large positions. Approve the reappointment of Preston Lee Bass to serve a three year term as District 3 representative. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 244  8.6.2.a Parks Advisory Committee Positions Attachment: PAC positions 102312 (1088 : Approval of Parks Advisory Committee Members) Current Members District 1 Vacant District 2 Gerald Rush District 3 District 4 Carol Bernich District 5 Vacant At-large At-large Packet Pg. 245  8.6.2.a 10/23/2012 Attachment: PAC positions 102312 (1088 : Approval of Parks Advisory Committee Members) Applicants Preston Lee Bass (incorporated): first term in a former Incorporated position expires this month. He wishes to continue to serve on the committee. Gloria Turner, Distr 2 (incorporated): Wishes to be appointed. Mike WrightReynolds, Distr 4: Wishes to be appointed. Packet Pg. 246  8.6.2.b Packet Pg. 247 Attachment: Gloria Turner app (1088 : Approval of Parks Advisory Committee Members)  8.6.2.c Packet Pg. 248 Attachment: Mike WrightReynolds app (1088 : Approval of Parks Advisory Committee Members)  8.6.3 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board FROM: John Hofstad SUBJECT: Public Hearing Request DEPARTMENT: Public Works BCC DISTRICT: All STATEMENT OF ISSUE: Request a public hearing be held 6:30 p.m. December 18, 2012 to encourage public input concerning revisions to Ordinance 08-06 County Recreation Areas. BACKGROUND and ANALYSIS: Staff has coordinated revisions to Ordinance 08-06 County Recreation Areas regarding the following areas; Prohibiting the leaving of personal property items during specified times or during periods that will interfere with beach maintenance and/or cleaning, adversely affecting the aesthetic beauty and public safety as well as obstructions for endangered wildlife species; Revising the prohibitions of overnight camping to allow overnight camping in posted parks only; Prohibiting fires or open flames except as permitted; Revision of definitions; Specifying beach vendors set-up time; Amending hours of use; and Including beach wedding guidelines. A public hearing is requested to encourage public input. RECOMMENDATION: Approve request to conduct a public hearing at 6:30 p.m. December 18, 2012. RECOMMENDED BY: Packet Pg. 249  8.6.3 APPROVED BY: James D. Curry, County Administrator Packet Pg. 250  8.6.3.a OKALOOSA COUNTY PARKS DIVISION Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) DRAFT OF RECOMMENDED ORDINANCE CHANGES Additional revisions have been made to Section 1, Sec. 16-43 (p), Sec. 16-49 (g), Sec. 16-54, & Sec.16- 55. Please review. THIS IS IN DRAFT FORM ONLY. No part of the suggested revisions have been approved by Mr. Curry or the Board of County Commissioners. Amy Allen, Parks Coordinator 10/25/2012 Packet Pg. 251  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS AN ORDINANCE AMENDING THE COUNTY RECREATION AREAS Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) PROVISIONS OF THE OKALOOSA COUNTY CODE OF ORDINANCES; PROHIBITING THE LEAVING OF ITEMS OF PERSONAL PROPERTY DURING SPECIFIED TIMES, OR DURING PERIODS THAT WILL INTERFERE WITH BEACH MAINTENANCE OR CLEANING; REVISING THE PROHIBITIONS OF OVERNIGHT CAMPING; PROHIBITING FIRES OR OPEN FLAMES EXCEPT AS PERMITTED; REVISING DEFINITIONS; AMENDING HOURS OF USE; REGULATING WEDDINGS; REVISING CONDITIONS; PROVIDING AN EFFECTIVE DATE AND REPEALING ALL ORDINANCES OR PROVISIONS THEREOF IN CONFLICT HEREWITH. WHEREAS, the recreational area provisions of the Okaloosa County Code of Ordinances have been reviewed and are in need of additional clarifications and revisions; and WHEREAS, items of personal property left on the beach overnight are obstacles for maintenance crews, security, and beach patrols, interfere with the public’s access, use and enjoyment of the beach, pose safety hazards, adversely affect aesthetic beauty, tourism, economic interests, and can be an obstruction for sea turtles; and WHEREAS, during the summer season especially, hundreds of beach tents, canopies, cabanas, shading devices, chairs, and other items of personal property have been left overnight on the beach; and WHEREAS, personal property which is left on the beach overnight constitutes a nuisance which is contrary to the public health, safety and welfare; and WHEREAS, in order to protect and maintain the use of the beach for residents, visitors, tourists, wildlife, sea turtles, maintenance crews, security, and beach patrols, the overnight placement of items of personal property on the beach must be prohibited; and WHEREAS, the personal property left on the beach is neither “lost property” nor “abandoned property” as those terms are defined in Section 705.101, Florida Statutes, because such property has neither been mislaid nor disposed of on the beach in a wrecked or inoperative condition, and that the regulation of personal property left on the beach overnight is not preempted by Chapter 705, Florida Statutes; and Okaloosa County, Florida, Code of Ordinances Page 2 of 22 Packet Pg. 252  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS WHEREAS, public trash containers, lifeguard stands and associated items, signs placed by a Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) governmental agency on the beach and beach areas, and public items, should be allowed to remain on the beach in order to further other important public interests and benefits. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF OKALOOSA COUNTY, FLORIDA: SECTION 1. Sections 16-41, through 16-53 of Article II of the Okaloosa County Code of Ordinances are hereby amended and Section 16-54 and 16-55 are is added to read: “ARTICLE II. - COUNTY RECREATION AREAS [29] Sec. 16-41. - Definitions. Sec. 16-42. - Authority; purpose and intent. Sec. 16-43. - Regulation of use and conduct at the beach, cCounty parks, water bodies, and all recreational areas in unincorporated areas of Okaloosa County. Sec. 16-44. - Gulf of Mexico—Watercraft distance from shore, generally. Sec. 16-45. - Permitted vehicles on the beach, parks and recreation areas. Sec. 16-46. - Aircraft. Sec. 16-47. - Temporary use for special events. Sec. 16-48. - Commercial activity on public lands. Sec. 16-49. - Beach service stipulations. Sec. 16-50. - Permit for a designated beach property. Sec. 16-51. - Penalties. Sec. 16-52. - Hours of use. Sec. 16-53. - Advisory committee. Sec. 16-54. – Prohibited Vehicle Parking. Sec. 15-55. – Weddings Conducted in County Public Parks. Sec. 16-41. - Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcoholic beverage means a beverage containing more than one percent of alcohol by weight. All-terrain vehicle means any motorized off-highway vehicle 50 inches or less in width, having a dry weight of 600 pounds or less, traveling on three or more low pressure tires. ,designed for operator use only with no passengers, having a seat or saddle designed to be straddled by the operator, and having handlebars for steering control. Animal means any animate being other than a human which is endowed with the power of voluntary motion. Bather means any person who is in the Gulf of Mexico, Choctawhatchee Bay, bayous, rivers, streams and lakes, whether said person is swimming, wading, or engaged in any other activity in the water. Okaloosa County, Florida, Code of Ordinances Page 3 of 22 Packet Pg. 253  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS Beach and shores means the coastal and intracoastal shoreline bordering upon the waters of the Gulf of Mexico, Choctawhatchee Bay, and any water bodies under the jurisdiction of Okaloosa County Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) between the mean high water and the water's edge. On Okaloosa Island, beach means the area of white sandy beach between the southernmost property line of the adjacent parcels and the waters of the Gulf of Mexico. Blood baiting means the use of blood or bloody fish part to attract sharks. Boat. See "Vessel." Camping means the erection of shelter or a similar structure for the purpose of sleeping; or sleeping or lying upon the beach or recreational area either under or outside of any shelter, vehicle, bedroll, blanket, or other protective garb. Chumming means the throwing of bait or fish parts into the water to attract fish. County or Okaloosa County means the unincorporated area of Okaloosa County, Florida. Fireworks means no person shall bring into, or possess, or set off or otherwise cause to explode or discharge or burn, in any park area or any other county owned or leased property, any firecrackers, torpedoes, rockets, toy firearms, cannons, or other fireworks or explosives of or containing flammable material or any substance, compound, mixture, or article which in conjunction with any other substance or compound, my explode, discharge, or burn, unless a letter of approval is received from the Board of County Commissioners. Idle speed means the lowest speed at which a vessel or sailcraft can operate and maintain steering control. Motor vehicle means any vehicle which is self-propelled, including golf carts. Operator means any natural person, firm, partnership, association, corporation, and any other legal entity. Park means any area designated by deed, recorded plat, or contractual agreement for use by the general public of Okaloosa County for park purposes. Person means any natural person, firm, partnership, association, corporation, and any other legal entity. Personal watercraft is as defined by Section 327.02(28), Florida Statutes, and means a vessel less than 16 feet in length which uses an inboard motor powering a water jet pump as its primary source of motive power, and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel; i.e., Jet Ski. Recreational area means any area designated by deed, recorded plat, or contractual agreement for use by the general public of Okaloosa County for recreational purposes. Sailcraft means a wind-propelled vehicle used or capable of being used as a means of transportation on or in the water, including sailboats, sailboards, and windsurfboards. Shoreline means the beaches, river shores and lake shores under the jurisdiction of Okaloosa County. Okaloosa County, Florida, Code of Ordinances Page 4 of 22 Packet Pg. 254  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS Solicit or canvass means any act, delivery, or exchange not initiated by the prospective customer or which directs attention to any business, mercantile, or commercial establishments, or any other Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) commercial activity, for the purpose of directly or indirectly promoting commercial interest through sales, rentals, or any exchange of value. Special events means: (1) Any use, activity, or event conducted or promoted at any cCounty park, beach or recreational area of Okaloosa County that would constitute a violation of any provision of this article or any rule or regulation issued under the authority of this article. (2) Any activity or event that is organized and promoted to attract, and is likely to attract, a crowd of more than 50 49 persons to a certain place at any cCounty park, beach or recreational area at a certain time under circumstances that are likely to interfere with the public's right of access and use of the beach or create a need for additional police, lifesaving, or other services; or (3) Any activity or event at any cCounty park, beach or recreational area that is promoted or sponsored by commercial interest and will advertise or promote private commercial interest. (4) Special events does not include private parties on private property unless they are of such a nature to create a need for additional police, lifesaving, or other services. Surfboard means a fiberglass, epoxy, closed-cell neoprene or Styrofoam instrument with one or more fiberglass fins or skegs attached or inserted into the belly or bottom of the surfboard. This definition shall include windsurfboards, yolo boards, and sailboards. This definition shall not include rubber rafts, floats, belly boards, or boogie boards. Surfing means the riding or paddling of a surfboard within the waters of the Gulf of Mexico abutting or adjacent to the beach. Ultralight aircraft means any heavier-than-air, motorized aircraft which meets the criteria for maximum weight, fuel capacity, and airspeed established for such aircraft by the Federal Aviation Administration under part 103 of the Federal Aviation Regulations. Vehicle means every device in, upon, or by which any person or property is, or may be, transported or drawn upon a highway. Vending means offering for sale, rent, or as part of a contractual agreement any services, goods or materials to be consumed or placed on the beach, or recreational area without a permit, lease contract or franchise duly issued or executed by the governing body of the cCounty. Vessel is as defined by Section 327.02(37), Florida Statutes, and means (and is synonymous with boat as referenced in section 1(b) Article VII of the State Constitution) and includes every description of watercraft, barge, and air boat, other than a seaplane on the water, used or capable of being used as a means of transportation. Water-based activities means those vendor operations in which the customer will participate in an activity on or in the water. This includes, but is not limited to, ocean kayak rentals, water trampolines, climbing walls, inflatable boat rides, personal watercraft rentals, and parasail operations. Water body means Gulf of Mexico, Choctawhatchee Bay, and bayous, rivers, creeks, lakes located in Okaloosa County. Okaloosa County, Florida, Code of Ordinances Page 5 of 22 Packet Pg. 255  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS Water's edge means that portion of the shore at any given time of the day where the tide flows and reflows along a water body. Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) Windsurfboard means a surfboard equipped with a sail and designed to be propelled by the wind. The term "windsurfboard" shall be synonymous with the term "sailboard." (Ord. No. 08-06, § 1, 3-18-08) Sec. 16-42. - Authority; purpose and intent. This article is adopted pursuant to Section 125.01, Florida Statutes. Unless stated otherwise, is intended to regulate comprehensive public health, safety and welfare on or pertaining to the cCounty beaches, James Lee Park, and all parks and recreation areas in the unincorporated areas of Okaloosa County. Local government policy toward the beach, cCounty parks, water bodies and recreational areas should be guided by the recognition that proper management of these areas is vital to the economic development of the cCounty and that all reasonable competing uses of these areas must be protected and balanced. This article makes no finding of fact that the public either has or has not customarily used any particular place of gulf front property beach. (Ord. No. 08-06, § 2, 3-18-08) Sec. 16-43. - Regulation of use and conduct at the beach, cCounty parks, water bodies, and all recreational areas in unincorporated areas of Okaloosa County. (a) [Overnight camping.]Overnight camping is restricted to posted parks only. Otherwise it shall be unlawful to camp or leave nonpermitted items such as, but not limited to, collapsible structures, tents (including tent frames), umbrellas, sheds, trailers, etc., overnight and/or those time periods during which the beaches, cCounty parks, or recreational areas are closed. (b) [Fires and Fireworks]. It shall be unlawful for any person, firm, corporation, or other legal entity to ignite any substance or material or to light or participate in the lighting of any fire or fireworks between the vegetation line or mean high water mark (beach area), whichever is a greater distance from the water's edge, and the water's edge of the Gulf of Mexico in Okaloosa County, Florida. (1) No open fires/flames are allowed at John Beasley Park. This includes but is not limited to sternos, Bar-B-Que grills, candles, tiki torches, fireworks, etc. (2) No fires are allowed in County public parks or recreation areas except where grills and/or fire rings have been provided by the Parks Division. (c) [Fishing]. It shall be unlawful for any person in Okaloosa County, including the incorporated areas: (1) To fish in the Gulf of Mexico after having been warned by any law enforcement officer that the health and safety of bathers is being endangered; or (2) While on the beach or within 2,500 feet from shore to intentionally fish for sharks or to fish by those methods commonly known as "chumming" or "blood baiting". (3) Nothing in this section shall be construed to create a duty on the part of any governmental employee or agent to prevent fishing or to warn of the presence of sharks in the Gulf of Mexico. Okaloosa County, Florida, Code of Ordinances Page 6 of 22 Packet Pg. 256  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS (d) [Glass containers.] No person, firm, corporation, joint venture, partnership, or other legal entity shall possess or utilize any glass or ceramic bottle or container in or on any public park, beach, or Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) recreational area in the cCounty. (e) [Soliciting and canvassing]. It shall be unlawful for any person to solicit or canvass within the boundaries or in front of any cCounty park, beach or recreation area, except those operating with a permit issued by the Board of County Commissioners. (f) [Littering]. It shall be unlawful for any person to discard or otherwise dispose or abandon any trash, garbage, bottles, containers, cans, dead fish or parts thereof, charcoal briquettes or ashes, or any other litter on the beach, cCounty park or recreational area except in designated containers for that purpose. It is further unlawful to dispose of any household garbage on the beach, cCounty park or any recreational area. (g) [Obstructions on the beach]. It shall be unlawful for all types of personal property, including by way of example and not limitation, canopies, cabanas, umbrellas and other shading devices, picnic tables, coolers, tiki huts, volleyball nets, hammocks, beach chairs and other furniture, tents (including tent frames), and other personal articles to be left on the beach in such a manner that they interfere with beach maintenance, or cleaning, nesting turtles, emergency vehicles, or lifeguards' view of the water. There shall be a minimum setback of 25 feet from the gulf side of the dune on all public beaches on Okaloosa Island and James Lee Park for an emergency access lane. (1) It shall be unlawful for all types of personal property, including by way of example and not limitation, tents (including tent frames), canopies, cabanas, umbrellas and other shading devices, picnic tables, tiki huts, volleyball nets, hammocks, beach chairs and other furniture, and other items generally used for swimming, sunbathing, or beach recreation to remain on the beach between midnight and 8:00 a.m. Central Time. As used in this section, the phrase “items generally used for swimming, sunbathing, or beach recreation” shall include, but not be limited to, beach chairs, umbrellas, coolers, tents (including tent frames), hammocks, tables, toys, towels, blankets, etc. (h) Swimming and surfing. Swimming, surfing, use of rafts, floats and other flotation devices. (1) It is unlawful for any person, firm, corporation or other legal entity to operate any watercraft, swim, bathe, surf, wade or dive within 150 feet of the Okaloosa Island Pier extending into the Gulf of Mexico on Santa Rosa Island. (2) (1) The director of public safety or the Okaloosa County Sheriff shall have the authority to declare that a state of emergency exists and order the posting of double red flags prohibiting entry into the water. This shall apply to all public beaches on Okaloosa Island, the county operated beaches of John Beasley Park, Ross Marler Park, First Access Way, Second Access Way, Third Access Way, Seventh Access Way, Newman C. Brackin Park, and James Lee Park. (3) (2) Following a declaration of a state of emergency for any portion of any water body in Okaloosa County including the incorporated areas, and the posting of double red flags prohibiting entry into the water, failure to comply with directions of lifeguards or law enforcement officers shall be a violation of Section 843.02, Florida Statutes, or other applicable statute. Those persons surfing as defined herein with a surfboard attached to the surfer by a leash are exempt from this Okaloosa County, Florida, Code of Ordinances Page 7 of 22 Packet Pg. 257  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS article. Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) (3) No person, firm, corporation or other legal entity except a lifeguard or other person actually engaged in a rescue attempt shall: a) Swim or bathe more than 300 feet perpendicular from the water's edge except as a necessary incident to other activities permitted beyond such distance. b) Operate any watercraft, swim, bathe, surf, wade or dive within 150 feet of the Okaloosa Island Pier extending into the Gulf of Mexico on Santa Rosa Island. c) Use any raft, float, boogie board, belly board or other flotation device of any description, except for a boat, surfboard, windsurfboard or sailboard, more than 300 feet from the water's edge, or in violation of an order given pursuant to subsection (h) of this section d) Swim or bathe in violation of an order given pursuant to subsection (h) of this section. (i) [Flag warning system.] (1) A flag warning system shall be adopted by the bBoard of cCounty cCommissioners. (2) All cCounty beaches as referenced in item (h)(2) and public access points to beaches leading to the Gulf of Mexico shall display a sign informing the public of the beach flag warning system, and hours lifeguards are on duty and notification that when lifeguards are not on duty swimmers shall swim at their own risk. The sign shall not be less than 24 inches wide and 30 inches long. (3) Beach vendors and contractors and other governmental entities are encouraged to post the beach flag warning system sign in a prominent place at their place of business. The sign shall be in color and not less than 24 inches wide and 30 inches long. (4) Beach lifeguards at cCounty beaches, as referenced in item (h)(2), shall post the appropriate flags depicting current conditions at each designated beach from the second Saturday in March through the second weekend in October, from 9 a.m. until 6 p.m. daily. Warning flags will be raised when lifeguards are on duty and actively guarding and will be lowered when lifeguards leave the beach daily. (j) [Sound amplification]. (1) No audio device, such as but not limited to, loudspeakers, television, radio, compact disc, tape, record player, iPod, phone, computer, or musical instrument, except equipment used by law enforcement, rescue or beach safety personnel, shall be used on the beach, cCounty park, recreational areas and water bodies in any manner, that can be heard by a person using normal hearing facilities, at a distance of 100 feet or more from the source of the sound, except if permitted by a County sanctioned event, e.g., a concert or other event. (k) [Removal of beach sand]. (1) No beach sand may be removed from the beach except for permitted construction under guidelines established by the cCounty. Okaloosa County, Florida, Code of Ordinances Page 8 of 22 Packet Pg. 258  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS (l) [Removal of water.] Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) (1) No water may be pumped from the Gulf of Mexico except for permitted construction under guidelines established by the cCounty. (m) [Animals.] Animals are prohibited in cCounty parks, beaches or other recreational areas with the exception of those used for assistance by handicapped, blind person, or law enforcement. (n) [Illegal drugs, alcohol, firearms and fireworks.] Use of illegal drugs, alcohol, firearms and fireworks shall be prohibited in any cCounty park, beach or other recreational area. The prohibition of the use of alcohol does not apply within the appropriately licensed establishments at the Island Pier, Newman C. Brackin Park and James Lee Park. (o) [Disorderly conduct.] Disorderly conduct will not be permitted at any cCounty park, beach or recreational area. It shall include but not be limited to profanity, fighting, and disturbing the public peace. (p) [Abandonment.] Any item generally used for boating, swimming, sunbathing, beach recreation, advertised sports activities and/or gatherings which remains on the beach or County recreational area for more than the permitted time, or during a time that it is prohibited, unless a permit has been obtained from Okaloosa County by the owner or person in possession and control of the item, shall be deemed abandoned and shall become the property of Okaloosa County which may dispose of the item in any manner it sees fit. (1) A method will be devised to identify and mark said objects in order to notify the property owner of possible corrective action. (2 1) Abandoned items of personal property in violation of this Article are a public nuisance. (2) Removal and/or disposal of such abandoned items may be performed by Okaloosa County Sheriff’s Department and/or Okaloosa County Code Enforcement. Remove and/or disposal of such abandoned items by the Okaloosa County Parks Department, Okaloosa County Public Safety, and/or the County’s beach cleaning contractor would be at the direction of the Okaloosa County Sheriff’s Department and/or the Okaloosa County Code Enforcement. (q) [Enforcement.] It shall be the duty and responsibility of the Okaloosa County Sheriff’s Department and/or the Okaloosa County Code Enforcement Department to enforce all provisions of this section. (Ord. No. 08-06, § 3, 3-18-08) Sec. 16-44. - Gulf of Mexico—Watercraft distance from shore, generally. (a) The operation of any motorized watercraft within 700 feet of shoreline of the Gulf of Mexico in Okaloosa County including the incorporated areas is hereby prohibited subject to the exemptions provided in subsection (b) hereof. (b) The operation of non-propeller driven motorized watercraft within 700 feet of the shoreline of the Gulf of Mexico are hereby exempted under the following conditions: (1) The owner or leaseholder of property bordering the Gulf of Mexico may give written permission for non-propeller driven motorized watercraft to enter and exit the shore adjacent to the property owned or leased within a corridor established, maintained, and subject to the following Okaloosa County, Florida, Code of Ordinances Page 9 of 22 Packet Pg. 259  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS conditions: Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) a. The corridor must be at least 20 feet in width and not greater than 40 feet in width and extending 700 feet perpendicular to the shore. Only one corridor will be allowed on each site. b. The corridor is to be clearly marked along both sides with orange buoys that are at least 18 inches in diameter and anchored 700 feet from the shoreline. Marker buoys must be removed when the corridor is not in use. c. The corridor must be at least ten feet interior to the extension of the property line of the permitting owner or leaseholder. d. Entrance into the corridor from the shoreline must be marked by orange or red cones which must be at least 28 inches high erected at the waterline. e. There shall be posted landward of the corridor a sign advising the public of the corridor and posting notice for vessels to proceed under idle speed. f. Swimming, surfing, sailing or wading shall be prohibited within the corridor but non- propeller driven motorized watercraft shall yield the right-of-way to any persons located therein. g. Non-propeller driven motorized watercraft shall be limited to the entry/exit corridor when closer than 700 feet from the shoreline and shall not exceed the idle speed or five m.p.h., whichever is greater, when within the corridor. (2) Commercial fishing boats are exempted from the provisions of this article while in the process of deploying nets while conducting fish netting operations, but shall not operate in excess of idle speed or five miles per hour, whichever is greater, when within 700 feet of the shoreline. (3) Publicly announced, properly authorized and supervised, and adequately patrolled regattas, speed trials, exhibitions, or other special events, when the same have been approved by the bBoard of cCounty cCommissioners and the applicant has provided a hold harmless agreement to the cCounty, liability insurance in the minimum amount of $500,000.00 per person and $1,000,000.00 per occurrence naming the cCounty as an additional insured on such policy, and such other conditions as deemed necessary by the bBoard of County Commissioners including but not limited to protecting the environment, and assuring that adequate public facilities and emergency response teams and equipment are available. (4) Commercial propeller driven motorized watercraft are exempt when owned or operated by the landward owner and operated within a corridor established, maintained, and subject to the following conditions: a. The corridor must be at least 20 feet in width and not greater than 40 feet in width and extending 700 feet perpendicular to the shore. Only one corridor will be allowed on each side. b. The corridor is to be clearly marked along both sides with orange buoys that are at least 18 inches in diameter and anchored 700 feet from the shoreline. Additional buoys will be placed at 100 feet and 300 feet. Marker buoys must be removed when the corridor is not in use. Okaloosa County, Florida, Code of Ordinances Page 10 of 22 Packet Pg. 260  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS c. The corridor must be at least ten feet interior to the extension of the property line of the permitting owner or leaseholder. Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) d. Entrance into the corridor from the shoreline must be marked by orange or red cones which must be at least 28 inches high erected at the waterline. e. There shall be posted landward of the corridor a sign advising the public of the corridor and posting notice for vessels to proceed under idle speed. f. Propeller driven commercial watercraft shall not operate within the corridor or within 700 feet of the shoreline when weather conditions cause the surf to be in excess of two feet. g. Propeller driven commercial watercraft shall never operate any closer than 100 feet from the shoreline, even when within the corridor. h. Propeller driven commercial watercraft shall never exceed idle speed or five miles per hour, whichever is greater, while within 700 feet of the shoreline. (Ord. No. 08-06, § 4, 3-18-08) Sec. 16-45. - Permitted vehicles on the beach, parks and recreation areas. (a) No person, firm, corporation, joint venture, partnership, or other legal entity shall operate any motor vehicle in, on, or over any public land, right-of-way, or cCounty park, beach, or recreational area in the cCounty that is not clearly designated or posted for vehicular traffic, vehicular parking or emergency vehicular traffic, unless the same shall have been issued a permit by the governing body of the cCounty. (b) Personal or privately owned all-terrain vehicles are not permitted on the public beach. Exception: All-terrain vehicles used by sheriff's deputies and cCounty employees may be driven on the beach in the performance of official business. (c) Permited vehicles accessing public beaches shall meet the following requirements: (1) The vehicle must have a current State of Florida registration and be covered by auto insurance written by an insurance company licensed to do business in the State of Florida. (2) The vehicle must be registered to the owner of a business which has obtained a qualified beach vendor beach vehicle permit from Okaloosa County and has an executed contract/agreement with Okaloosa County or and the upland permitted property owner. (3) The business name, phone number, and the Okaloosa County Qualified Beach Vendor Certificate number must be displayed on both sides of the vehicle while the vehicle is on the beach. The informational lettering must be no smaller than two inches and no larger than three inches in height. (4) A copy of the Okaloosa County Qualified Beach Vendor Beach Vehicle Permit Certificate must be carried in the vehicle at all times when on the beach. (5) Permitted vehicles are only allowed to enter and exit the beach via the emergency access ways located at beach access ways #2, #4, #7, and the boardwalk on Okaloosa Island and James Okaloosa County, Florida, Code of Ordinances Page 11 of 22 Packet Pg. 261  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS Lee Park in Destin. The emergency access ways will be unlocked and relocked by cCounty staff during the approved scheduled times/dates (see subsection (8) below). Driving vehicles on or over Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) the sand dunes is not allowed except in an emergency situation. Failure for vendors who have been issued a Qualified Beach Vendor Beach Vehicle Permit permitted vehicles to comply with items (c)(1) through (c)(5) are subject to the following enforcement actions: a. First infraction: Written notice to the company and warning issued to violator (driver). b. Second infraction: $250.00 fine. c. Third infraction: Withdraw vehicle's beach permit. (6) The speed limit on the beach is ten mph. Violation of the speed limit will result in the following: a. First infraction: Written warning to company, ticket issued to violator (driver), and a $500.00 fine. b. Second infraction: $1,000.00 fine. c. Third infraction: Withdraw vehicle's beach permit. (7) Hazard lights and head lights must be on while driving on the beach. Failure to operate a vehicle with hazard lights or head lights on are subject to the following enforcement actions: a. First infraction: Written notice to the company and warning issued to violator (driver). b. Second infraction: $250.00 fine. c. Third infraction: Withdraw vehicle's beach permit. (8) Qualified Beach Vendors who have obtained Qualified Beach Vendor Beach Vehicle permits Permitted vehicles are allowed access during the following times and dates: a. Approved times (Central Time) : 6:00 7:00 a.m. until 8:00 9:00 a.m., 5:00 4:00 p.m. until 7:00 6:00 p.m. b. Approved dates will be set up as follows. i. Last three days of February and fFirst three days of March. ii. Three Two days prior to the beginning of Spring Break as determined by the Tourist Development Department. iii. Three Two days prior to Memorial Day. iv. July 1st, and 2nd, and 3rd. v. Thursday, Friday, and Saturday of the third week of August. vi. Three days prior to Labor Day. vii. Thursday, Friday, and Saturday of the last week of October. Okaloosa County, Florida, Code of Ordinances Page 12 of 22 Packet Pg. 262  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS viii. The first week of November. Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) ix. Other dates as approved by Okaloosa County (ex: inclement weather, etc.) (9) Vehicles must be clean (free of any materials not meeting the requirements of land development code, section 6.02.04, discoloring material prohibition) and in proper running order so as not to leak any fluids such as grease, oil, transmission fluid, antifreeze, etc., at any time. Improperly operating vehicles used by the qualified beach vendor are subject to the following enforcement actions: a. First infraction: Written notice to the company and warning issued to violator (driver). b. Second infraction: $250.00 fine. c. Third infraction: Withdraw vehicle's beach permit. (10) The fee to obtain a Qualified Beach Vendor Beach Vehicle Permit vehicular authorization for beach access is $500.00 per calendar year per vehicle. Vendors are limited to two authorized vehicles. The vehicle(s) must be designated on the qualified beach vendor application. (11) Transfer of vehicle permit for beach access shall be limited to vehicles owned by the same person or entity. Tag number and copy of the registration of affected vehicles will be provided to the pPublic wWorks wParks resources Division prior to vehicle use on the beach. At no time will there be more than two permitted vehicles per qualified beach vendor. (12) Nonpermitted vehicles other than official vehicles used by sheriff's deputies and cCounty employees used for official business shall not be operated on the beach. (13) Turtle nesting season is designated from May 1 through October 31 each year. All vehicles and activities operating on the beaches will steer clear of all marked turtle nesting sites; any adult turtle accessing the beach for the purpose of nesting; or hatchling turtle emerging from a nest site and migrating to the water’s edge. Per State Statue Title XXVIII Chapter 370.12 (1) Protection of Marine Turtles, it is a third degree felony for ‘Any person…that illegally takes, disturbs, mutilates, destroys, causes to be destroyed,…molests, or harasses any marine turtle species, or the eggs or nest of any marine turtle species….’. (Ord. No. 08-06, § 5, 3-18-08) Sec. 16-46. - Aircraft. (a) No person operating, directing, or responsible for any airplane, seaplane, parasail, helicopter, glider, balloon, dirigible, parachute, ultralight, or other aerial apparatus shall take off from or land at any cCounty park, beach or recreational area except for emergency aircraft, e.g., medical emergency helicopters. (Ord. No. 08-06, § 6, 3-18-08) Okaloosa County, Florida, Code of Ordinances Page 13 of 22 Packet Pg. 263  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS Sec. 16-47. - Temporary use for special events. Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) (a) Policy and objective. This section is intended to ensure broad usage by allowing temporary uses of any cCounty park, beach or recreational area for purposes which otherwise would be prohibited. These special uses would be allowed by a permit that waives certain restrictions under specific conditions which still protect the public health, safety, and welfare. The permitting process is intended to provide a convenient procedure to be followed by beach users. Any temporary use permits will be issued by the bBoard of cCounty cCommissioners or their designee. Fees for these temporary use permits will be established by resolution by the bBoard of cCounty cCommissioners. Use of electricity and/or water is not granted unless approved. If use is approved additional charges may apply. (b) Procedure. (1) All requests shall be in writing stating reason, location, time, point of contact and the sponsor. Request must be presented to Public Works staff 60 days prior to the event. Request will be reviewed by pPublic wWorks, pPublic sSafety, growth management, water and sewer, sSheriff's office and the request will be approved by the Okaloosa County Board of County Commissioners. (2) Permits will only be issued after approved by the bBoard of cCounty cCommissioners at a regularly scheduled meeting. (3) All organizations submitting applications for permits pursuant hereto shall be required to furnish the cCounty proof of liability insurance in the minimum amounts of $500,000.00 per person and $1,000,000.00 per occurrence, naming the Okaloosa County bBoard of cCounty cCommissioners and Okaloosa Sheriff as additional insureds on the policy, insuring for any damages that may be sustained as the result of the activity. (4) All organizations submitting applications for permits shall be required to execute a hold harmless agreement indemnifying the cCounty and sheriff's office for any loss suffered as the result of the activity. (5) All events will pay a daily use fee and appropriate security deposit. These fees are due in advance of proposed activity. (Ord. No. 08-06, § 7, 3-18-08) Sec. 16-48. - Commercial activity on public lands. (a) Permit, lease, etc., required. No person, firm, corporation, joint venture, partnership, or other legal entity shall directly or indirectly sell, rent, advertise, or promote property, real or personal, or conduct directly or indirectly any commercial activity of any nature or kind, including but not limited to the passing out of literature on or from any public land, public right-of-way, or public recreational area in the cCounty without a permit, lease, contract, franchise, or qualified beach vendor certificate duly issued or executed by the governing body of the cCounty. (b) Preservation of public health, safety, etc. No permit, lease, contract, or franchise shall hereafter be issued for the commercial activities prohibited by this section unless the bBoard of cCounty cCommissioners makes a specific finding that the proposed activity will serve a public need and promote the public health, safety, or welfare. (c) Vendor eligibility. The minimum qualifications required to become a qualified beach vendor or public recreation area vendor are as follows: Okaloosa County, Florida, Code of Ordinances Page 14 of 22 Packet Pg. 264  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS (1) The vendor or business shall demonstrate that a valid occupational license business tax receipt from the Okaloosa County Tax Collector’s office or State of Florida has been obtained as Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) required. by the State of Florida and/or Okaloosa County. (2) Vendor shall demonstrate procurement of adequate insurance(s) as specified by the Okaloosa County Risk Management Department Director. (3) Permits from appropriate local, state, and federal agencies shall be provided by the vendor as required. (d) Application for permit lease, etc. All applications for a permit, lease, contract, or franchise shall be filed in duplicate with the bBoard of cCounty cCommissioners through the Okaloosa County Public Works Parks Division for consideration in accordance with paragraph (b), and shall include: (1) The name, address, age, and business affiliation of the applicant; and (2) A thorough description of the nature of the proposed activity; and (3) A statement as to why and how the proposed activity will promote the public health, safety, morals, or welfare; and (4) A statement as to why and how the proposed activity will not have an adverse environmental impact on the public area involved; and (5) A statement as to why and how the proposed activity will not annoy, harass, intimidate or interfere with the public and their enjoyment of the area involved; and (6) A statement as to how the applicant intends to protect the cCounty from liability for the proposed activity. (e) Consideration of application. The bBoard of cCounty cCommissioners shall consider the application as submitted and may grant or reject the same, or advertise for bids in accordance with such additional terms and conditions deemed necessary to protect the public interest. (f) Application for qualified beach vendor certificate and/or public recreation area vendor. All applications for a qualified beach vendor certificate and/or public recreation area vendor shall be filed in duplicate with the bBoard of cCounty cCommissioners through the Okaloosa County Public Works Parks Division for consideration in accordance with subsection (b) [of this section], and shall include all of the following: (1) $500.00 nonrefundable application fee; (2) Application review period is 30 working days; (32) The name, address, and business affiliation of the applicant; (43) A thorough description of the nature of the proposed activity; (54) A statement as to why and how the proposed activity will serve a public need and promote the public health, safety, or welfare; (65) A statement as to why and how the proposed activity will not have an adverse environmental impact on the public area involved; Okaloosa County, Florida, Code of Ordinances Page 15 of 22 Packet Pg. 265  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS (76) A statement as to why and how the proposed activity will not annoy, harass, intimidate or interfere with the public and their enjoyment of the area involved; Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) (87) A statement as to how the applicant intends to protect the County from liability for the proposed activity; (98) Each applicant shall sign a statement stating they have read the 04-05 Ordinance 08-06 as amended and fully understand its contents. (g) Qualified beach vendor certificates and/or public recreation area vendor shall be renewed annually. All qualified beach vendor certificates and/or public recreation area vendors expire on December 31. Vendors shall apply to become a qualified beach vendor and/or public recreation area vendor each year that they wish to conduct business on the public beach and/or public recreation area. (h) Consideration of application. The bBoard of cCounty cCommissioners or their designee shall consider the application as submitted and may grant or reject the same. The bBoard of cCounty cCommissioners maintains the right to advertise for bids in accordance with such additional terms and conditions deemed necessary to protect the public interest. (Ord. No. 08-06, § 8, 3-18-08) Sec. 16-49. - Beach service stipulations. (a) Qualified beach vendors operating on the beach shall only fly the beach warning flag(s) specified by the posted flag system of the Okaloosa County Beach Safety Division. (b) All qualified beach vendor equipment shall be placed in accordance with the requirements provided by the Okaloosa County Public Works Parks Department Division and the Florida Department of Environmental Protection. Beach storage boxes shall display the Okaloosa County Qualified Beach Vendor Certificate number on opposing sides of their box with letters not to exceed three inches in height but no less than two inches in height. (c) Qualified beach vendors shall maintain their permitted site(s) to be free of debris, trash, inoperable equipment and other nonessential items. (d) Qualified beach vendors shall ensure that their area's refuse will be placed in a cCounty-provided trash receptacle. Should a trash receptacle become full, vendors shall remove the full bag, tie the bag shut, place it adjacent to the receptacle and place a new cCounty-provided bag (which is located in the bottom of the receptacle) in the receptacle. (e) In the event of a storm or impending disaster all beach vendor equipment on the cCounty's public beach must be removed to the vendor's off-site storage area. Access for removal and replacement will be determined by Okaloosa County Parks Department Division. (f) Spacing, setback, and beach safety corridor requirements stated in subsection 16-43(g) shall be adhered to at all times. (g) Qualified beach vendors shall not set up beach chair/umbrella, or other equipment before 8:00 a.m. Central Time, and shall remove beach chair/umbrellas or other equipment prior to one hour after dusk. Violation of this item can result in the Qualified Beach Vendor Certificate being revoked or prevention of a Qualified Beach Vendor Certificate being issued to the beach chair/umbrella service in the future. Okaloosa County, Florida, Code of Ordinances Page 16 of 22 Packet Pg. 266  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS (Ord. No. 08-06, § 9, 3-18-08) Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) Sec. 16-50. - Permit for a designated beach property. This section addresses the procedures by which an upland property owner or their designee can apply to Okaloosa County to engage the services of a qualified beach vendor(s) on the public beach area adjacent to their facility. (a) Yearly applications must be submitted to the bBoard of cCounty cCommissioners for consideration and must include; the name of the upland facility, contact information, number of units, linear beach footage of property (measured from property line in a straight line to the other property line adjacent to the county beach), an eight and one-half inches × 11 inches copy of a map depicting property and adjacent beach with property boundary dimensions and type of vendor service(s) they wish to engage. (b) Permit review period is 30 working days. (cb) Applicant is required to select an Okaloosa County Qualified Beach Vendor. A list of qualified beach vendors can be obtained from the pParks dDivision of the pPublic wWorks dDepartment. A copy of the selected qualified beach vendor's certificate must be attached. (dc) There is no fee for the yearly permit. The permit review period is 30 working days. The permit will be in effect from the permit approval date January 1 through December 31 of the specified year. (ed) Consideration of application. The bBoard of cCounty cCommissioners or their designee shall consider the permit application as submitted and may grant or reject the same. The maintains the bBoard of cCounty cCommissioners maintains the right to advertise for bids in accordance with such additional terms and conditions deemed necessary to protect the public interest. (Ord. No. 08-06, § 10, 3-18-08) Sec. 16-51. - Penalties. (a) Any person found in violation of the above provisions, excluding Section 16-45 (c) (1) thru (7), shall face the following civil penalties unless otherwise specified. Any person to whom a citation is issued shall pay the fine by the designated date to the Clerk of Court or appear in cCounty court at the time, date, and location designated in the citation. (b) Minimum civil penalties for violations not otherwise listed are as follows: 1. First violation: $100.00 2. Second violation: $200.00 3. Third and subsequent violations: Fine of up to $500.00 and/or up to 60 days in jail. (c) Minimum civil penalties for violations of subsection 16-43(d), glass containers: 1. First violation: $50.00 2. Second violation: $150.00 Okaloosa County, Florida, Code of Ordinances Page 17 of 22 Packet Pg. 267  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS 3. Third and subsequent violations: $300.00 Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) (d) Minimum civil penalties for violations of subsection 16-45(a), (b), Permitted vehicles on the beach, parks, and recreation areas: are specified in section 16-45 1. First violation: $200.00 2. Second violation: $300.00 3. Third and subsequent violations: $500.00 (e) Minimum civil penalties for violations of subsection 16-43(b), fires and fireworks: 1. First violation: $200.00 2. Second violation: $300.00 3. Third and subsequent violations: $500.00 (f) Minimum civil penalties for violations of subsection 16-43(a), overnight camping: 1. First violation: $100.00 2. Second violation: $200.00 3. Third and subsequent violations: $300.00 (g) Minimum civil penalties for violations of subsection 16-43(f), littering: 1. First violation: $200.00 2. Second violation: $300.00 3. Third and subsequent violations: $500.00 (h) Minimum civil penalties for violations of section 16-47, temporary use for special events: 1. First violation: $200.00 2. Second violation: $300.00 3. Third and subsequent violations: $500.00 (i) Minimum civil penalties for violations of section 16-52, hours of use: 1. First violation: $50.00 2. Second violation: $150.00 3. Third and subsequent violations: $300.00 (j) Any person requesting a hearing in cCounty court waives the right to pay the minimum civil penalties. Okaloosa County, Florida, Code of Ordinances Page 18 of 22 Packet Pg. 268  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS (k) Penalties shall be in addition to court costs established by statute. Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) (l) The maximum civil penalty for each violation shall be $500.00 or as previously specified. (m) If a person to whom a citation is issued does not contest the citation and elects to pay the applicable civil penalty to the Clerk of Court in lieu of appearing in cCounty court, the civil penalty shall be less than the maximum civil penalty. (n) Any funds generated by the fees and fines provided for in this article shall be used for the enforcement of the ordinance [from which this article derives]. (o) The dollar amounts set for the fees and fines shall be revised by resolution by the bBoard of cCounty cCommissioners. (Ord. No. 08-06, § 11, 3-18-08) Sec. 16-52. - Hours of use. All cCounty parks, including river and beach access points, shall be closed between one hour after sunset and one hour before sunrise. No person, firm, corporation, joint venture, partnership, or other legal entity shall enter, occupy, trespass or use any cCounty park in Okaloosa County during the time that the same is closed to the public pursuant to the signs posted in conspicuous places at the entrance to the same. Overnight camping parking is prohibited. Exceptions to this section include: loading and unloading of watercraft at parks specifically designated for after-hours boat ramp use; and utilization of parks with lights for sponsored events until 9:30 p.m., at which time the lights must be extinguished. No overnight parking allowed at James Lee Park from 11:00 p.m. Central Time until one hour before sunrise. Violators will be towed at the vehicle’s owner expense. This section does not apply to the Pier and Newman C. Brackin Park, and James Lee Park. (Ord. No. 08-06, § 12, 3-18-08) Sec. 16-53. - Advisory committee. (a) [Established.] There is hereby established in the cCounty an Okaloosa County Parks Advisory Committee. This committee shall consist of nine seven citizens, one six coming from each of the five Commission Districts the unincorporated areas and three two additional members, at least one of which shall be from an from the incorporated area, with each cCounty commission district being represented by at least one member. The committee representation will seek to reflect the diversity within the cCounty. The terms of office shall be for periods of three years or until their successors are appointed and qualified, except the members first appointed shall be staggered in such manner as the cCounty cCommission authorizes. Members of the committee shall be notified of their appointments in writing and shall provide a response indicating their willingness to serve within ten days after receipt thereof or they shall automatically forfeit their appointments. The cCounty cCommission, or their designee, shall have the authority to revoke any appointment for reasonable cause and vacancies on the committee shall be appointed by the county commission Board of County Commissioners for the unexpired term. Additional members from various other public and private organizations may be added. (b) Duties. The parks and recreation advisory committee shall serve as advisors to the bBoard of cCounty cCommissioners and the Parks departmentDivision. They should assist in the following: (1) Identification of sites for future community parks, boat ramps, beach access, parking, and trails and bikeways. Okaloosa County, Florida, Code of Ordinances Page 19 of 22 Packet Pg. 269  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS (2) Joint use agreements with the school board, municipalities, YMCA, Eglin officials, state forestry, and other partners to help reduce cost. Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) (3) Neighborhood parks program. This program will work with neighborhood associations to develop parks in existing neighborhoods. (4) Identification of funding sources (FRDAP, TEA-21, Land and Water Conservation Fund; Land &amp; Water Grant, etc.). (5) The preparation of a priority list for the establishment of new recreational locations. (Ord. No. 08-06, § 13, 3-18-08) Sec. 16-54. – Prohibited Vehicle Parking. No tour buses, eighteen wheelers, fifth wheel trailers, recreational vehicles (RV) (unless the RV can be parked in one designated parking space), etc. are permitted to park at any time in any County park, beach or recreational area. All vehicles must fit into a standard 9 ft (width) by 18 ft (length) parking space. School buses will be reviewed on a case by case basis. No vehicle is allowed to take up more than one designated parking space. Violators will be towed at the vehicle’s owner expense. Okaloosa County, Florida, Code of Ordinances Page 20 of 22 Packet Pg. 270  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS Sec. 16-55. – Weddings Conducted in County Public Parks. Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) No reservations will be made for County public parks on the following holidays or holiday weekend due to increased demand for these facilities: Memorial Day/Memorial Day weekend, 4Th of July/4Th of July weekend and Labor Day/Labor Day weekend. All wedding planning companies who wish to conduct weddings on County public parks, beaches, or recreation areas must obtain a Qualified Beach Vendor Certificate (see Section 16-48). Beach wedding schedule for James Lee Park. (1) All Qualified Beach Vendors seeking to perform weddings at James Lee Park, regardless of the number of guests, must contact the Public Works Parks Division a minimum of 14 days prior to the planned event. (2) The following information is required to schedule weddings: the date, time, name of the Qualified Beach Vendor, bride’s and groom’s names, and number of expected guests. (3) Bookings are made on a “first come, first served” basis. (4) County staff will coordinate all dates and times for the proposed weddings with the lessee of James Lee Park. (5) Existing guidelines for special events hosted on County public beaches, parks and recreation areas will be enforced. (6) Qualified beach vendors and individuals with scheduled wedding events will be notified that the parking facilities at James Lee Park are available for the public and cannot be reserved or ‘saved’ in advance of a scheduled event. Shuttling of guests is strongly recommended. (7) Wedding parties are allowed 30 minutes prior and after the completion of the ceremony for setup and breakdown. SECTION 2. The provisions of this Ordinance shall take effect as provided by law and do hereby repeal any and all ordinances or provisions thereof in conflict herewith. DULY PASSED AND ADOPTED in session on this the _____ day of August, 2012. OKALOOSA COUNTY, a political Subdivision of the State of Florida Okaloosa County, Florida, Code of Ordinances Page 21 of 22 Packet Pg. 271  8.6.3.a CODE OF ORDINANCES Chapter 16 - PARKS AND RECREATION ARTICLE II. - COUNTY RECREATION AREAS By:__________________________ Attachment: Proposed Ordinance 08-06 County Recreation Areas Revision 005 - DRAFT FORM (1122 : Public Hearing Request) DON R. AMUNDS, CHAIRMAN BOARD OF COUNTY COMMISSIONERS ATTEST: _____________________ DON W. HOWARD CLERK OF THE CIRCUIT COURT Okaloosa County, Florida, Code of Ordinances Page 22 of 22 Packet Pg. 272  9.1 BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: November 6, 2012 TO: Honorable Chairman and Members of the Board SUBJECT: DJJ Reconciliation Information and summary letter from Nabors, Giblin & Nickerson concerning the most recent DJJ Reconciliation is attached. Request consideration for challenge of this reconciliation. Packet Pg. 273  9.1.a Packet Pg. 274 Attachment: Stewart DJJ letter (1146 : DJJ Reconciliation)  9.1.a Packet Pg. 275 Attachment: Stewart DJJ letter (1146 : DJJ Reconciliation)  9.1.a Packet Pg. 276 Attachment: Stewart DJJ letter (1146 : DJJ Reconciliation)  9.1.a Packet Pg. 277 Attachment: Stewart DJJ letter (1146 : DJJ Reconciliation)  9.1.a Packet Pg. 278 Attachment: Stewart DJJ letter (1146 : DJJ Reconciliation)  9.1.a Packet Pg. 279 Attachment: Stewart DJJ letter (1146 : DJJ Reconciliation)  9.1.a Packet Pg. 280 Attachment: Stewart DJJ letter (1146 : DJJ Reconciliation)  9.1.a Packet Pg. 281 Attachment: Stewart DJJ letter (1146 : DJJ Reconciliation)  9.1.a Packet Pg. 282 Attachment: Stewart DJJ letter (1146 : DJJ Reconciliation)  9.1.b 2011-12 Secure Detention Cost Sharing Estimate Revised April 2012 Attachment: 2011-12-detention-cost-billing-estimate-v5-april-2012-revision (1146 : DJJ Reconciliation) Revised Oct 2011 Revised April Pre- Non-fiscally Estimated Non-fiscally Fiscally Estimated Percentage of Estimated FY 11-12 Percentage Percentage Estimated Non-fiscally Percentage of 2012 Estimated Percentage of Monthly Dispositional Original Constrained FY 11-12 Constrained Constrained FY 11-12 Total Pre- Predispositional of Total for of Total for FY 11-12 Constrained County Total for Non- FY 11-12 Total for Amount to County Days July 2010 Budgeted County Predispositional County Estimated County Predispositional through March dispositional Costs Before Estimated Non-fiscally Estimated Non-fiscally Predispositional fiscally Predispositional Estimated Fiscally be Billed to Amount Costs Utilization Costs 2011 Days Reductions Utilization Constrained Utilization Constrained Costs Constrained Costs Utilization Constrained County $72,680,197 $4,632,618 $70,216,664 $69,611,428 Alachua 2,256 1.06% $77,819,360 $821,543 2,256 1.12% $814,320 2,256 1.16% $814,320 2,256 1.17% $814,321 $67,860 Baker 181 0.08% $77,819,360 $65,913 181 1.65% $76,569 $6,381 Bay 2,224 1.04% $77,819,360 $809,890 2,224 1.10% $802,769 2,224 1.14% $802,769 2,224 1.15% $802,770 $66,897 Bradford 310 0.15% $77,819,360 $112,889 310 2.83% $131,140 $10,928 Brevard 6,344 2.97% $77,819,360 $2,310,226 6,344 3.15% $2,289,913 6,344 3.26% $2,289,913 6,344 3.29% $2,289,916 $190,826 Broward 17,743 8.30% $77,819,360 $6,461,276 17,743 8.81% $6,404,465 17,743 9.12% $6,404,466 17,743 9.20% $6,404,474 $533,705 Calhoun 71 0.03% $77,819,360 $25,855 71 0.65% $30,035 $2,503 Charlotte 1,547 0.72% $77,819,360 $563,354 1,547 0.77% $558,401 1,547 0.80% $558,401 1,547 0.80% $558,402 $46,533 Citrus 773 0.36% $77,819,360 $281,495 773 0.38% $279,020 773 0.40% $279,020 773 0.40% $279,020 $23,252 Clay 1,795 0.84% $77,819,360 $653,666 1,795 0.89% $647,918 1,795 0.92% $647,918 1,795 0.93% $647,919 $53,993 Collier 5,788 2.71% $77,819,360 $2,107,753 5,788 2.87% $2,089,221 5,788 2.98% $2,089,221 5,788 3.00% $2,089,224 $174,102 Columbia 705 0.33% $77,819,360 $256,732 705 6.44% $298,237 $24,853 Dade 20,162 9.43% $77,819,360 $7,342,177 20,162 10.01% $7,277,621 20,162 10.36% $7,277,621 20,162 10.45% $7,277,631 $606,468 Desoto 266 0.12% $77,819,360 $96,866 266 2.43% $112,526 $9,377 Dixie 51 0.02% $77,819,360 $18,572 51 0.47% $21,575 $1,798 Duval 10,925 5.11% $77,819,360 $3,978,439 10,925 5.43% $3,943,459 10,925 5.62% $3,943,459 10,925 5.66% $3,943,464 $328,622 Escambia 5,519 2.58% $77,819,360 $2,009,795 5,519 2.74% $1,992,123 5,519 2.84% $1,992,123 5,519 2.86% $1,992,126 $166,010 Flagler 897 0.42% $77,819,360 $326,651 897 0.45% $323,779 897 0.46% $323,779 897 0.47% $323,779 $26,982 Franklin 97 0.05% $77,819,360 $35,323 97 0.89% $41,034 $3,420 Gadsden 873 0.41% $77,819,360 $317,911 873 7.97% $369,307 $30,776 Gilchrist 77 0.04% $77,819,360 $28,040 77 0.70% $32,573 $2,714 Glades 84 0.04% $77,819,360 $30,589 84 0.77% $35,535 $2,961 Gulf 30 0.01% $77,819,360 $10,925 30 0.27% $12,691 $1,058 Hamilton 127 0.06% $77,819,360 $46,248 127 1.16% $53,725 $4,477 Hardy 299 0.14% $77,819,360 $108,884 299 2.73% $126,486 $10,541 Hendry 1,023 0.48% $77,819,360 $372,535 1,023 9.34% $432,761 $36,063 Hernando 1,653 0.77% $77,819,360 $601,955 1,653 0.82% $596,662 1,653 0.85% $596,662 1,653 0.86% $596,663 $49,722 Highlands 1,471 0.69% $77,819,360 $535,678 1,471 13.43% $622,279 $51,857 Hillsborough 16,654 7.79% $77,819,360 $6,064,707 16,654 8.27% $6,011,383 16,654 8.56% $6,011,383 16,654 8.64% $6,011,391 $500,949 Holmes 323 0.15% $77,819,360 $117,623 323 2.95% $136,639 $11,387 Indian River 1,485 0.69% $77,819,360 $540,776 1,485 0.74% $536,022 1,485 0.76% $536,022 1,485 0.77% $536,022 $44,668 Jackson 679 0.32% $77,819,360 $247,264 679 6.20% $287,238 $23,937 Jefferson 143 0.07% $77,819,360 $52,075 143 1.31% $60,494 $5,041 Lafayette 22 0.01% $77,819,360 $8,012 22 0.20% $9,307 $776 Lake 2,002 0.94% $77,819,360 $729,047 2,002 0.99% $722,637 2,002 1.03% $722,637 2,002 1.04% $722,637 $60,220 Lee 8,630 4.04% $77,819,360 $3,142,694 8,630 4.29% $3,115,062 8,630 4.44% $3,115,062 8,630 4.47% $3,115,066 $259,588 Leon 2,966 1.39% $77,819,360 $1,080,096 2,966 1.47% $1,070,599 2,966 1.52% $1,070,599 2,966 1.54% $1,070,601 $89,217 Packet Pg. 283  9.1.b 2011-12 Secure Detention Cost Sharing Estimate Revised April 2012 Attachment: 2011-12-detention-cost-billing-estimate-v5-april-2012-revision (1146 : DJJ Reconciliation) Revised Oct 2011 Revised April Pre- Non-fiscally Estimated Non-fiscally Fiscally Estimated Percentage of Estimated FY 11-12 Percentage Percentage Estimated Non-fiscally Percentage of 2012 Estimated Percentage of Monthly Dispositional Original Constrained FY 11-12 Constrained Constrained FY 11-12 Total Pre- Predispositional of Total for of Total for FY 11-12 Constrained County Total for Non- FY 11-12 Total for Amount to County Days July 2010 Budgeted County Predispositional County Estimated County Predispositional through March dispositional Costs Before Estimated Non-fiscally Estimated Non-fiscally Predispositional fiscally Predispositional Estimated Fiscally be Billed to Amount Costs Utilization Costs 2011 Days Reductions Utilization Constrained Utilization Constrained Costs Constrained Costs Utilization Constrained County $72,680,197 $4,632,618 $70,216,664 $69,611,428 Levy 435 0.20% $77,819,360 $158,409 435 3.97% $184,019 $15,335 Liberty 19 0.01% $77,819,360 $6,919 19 0.17% $8,038 $670 Madison 79 0.04% $77,819,360 $28,769 79 0.72% $33,419 $2,785 Manatee 5,209 2.44% $77,819,360 $1,896,905 5,209 2.59% $1,880,227 5,209 2.68% $1,880,227 5,209 2.70% $1,880,229 $156,686 Marion 1,391 0.65% $77,819,360 $506,545 Martin 1,122 0.53% $77,819,360 $408,587 1,122 0.56% $404,994 1,122 0.58% $404,994 1,122 0.58% $404,995 $33,750 Monroe 800 0.37% $77,819,360 $291,327 800 0.40% $288,766 800 0.41% $288,766 800 0.41% $288,766 $24,064 Nassau 554 0.26% $77,819,360 $201,744 554 0.28% $199,970 554 0.28% $199,970 554 0.29% $199,971 $16,664 Okaloosa 3,484 1.63% $77,819,360 $1,268,731 3,484 1.73% $1,257,575 3,484 1.79% $1,257,575 3,484 1.81% $1,257,577 $104,798 Okeechobee 623 0.29% $77,819,360 $226,871 623 5.69% $263,549 $21,962 Orange 14,879 6.96% $77,819,360 $5,418,324 14,879 7.39% $5,370,684 14,879 7.65% $5,370,684 14,879 7.72% $5,370,691 $447,557 Osceola 2,458 1.15% $77,819,360 $895,103 2,458 1.22% $887,233 2,458 1.26% $887,233 2,458 1.27% $887,234 $73,936 Palm Beach 11,210 5.25% $77,819,360 $4,082,224 11,210 5.57% $4,046,331 11,210 5.76% $4,046,331 11,210 5.81% $4,046,337 $337,194 Pasco 4,744 2.22% $77,819,360 $1,727,571 4,744 2.36% $1,712,381 4,744 2.44% $1,712,381 4,744 2.46% $1,712,384 $142,698 Pinellas 11,553 5.41% $77,819,360 $4,207,131 11,553 5.74% $4,170,140 11,553 5.94% $4,170,140 11,553 5.99% $4,170,145 $347,512 Polk 9,100 4.26% $77,819,360 $3,313,849 9,100 4.52% $3,284,711 2,275 1.17% $821,178 2,275 1.18% $821,179 Putnam 1,773 0.83% $77,819,360 $645,654 1,773 16.19% $750,035 $62,503 St Johns 951 0.45% $77,819,360 $346,315 951 0.47% $343,270 951 0.49% $343,270 951 0.49% $343,271 $28,606 St Lucie 3,501 1.64% $77,819,360 $1,274,921 3,501 1.74% $1,263,712 3,501 1.80% $1,263,712 3,501 1.82% $1,263,713 $105,309 Santa Rosa 1,060 0.50% $77,819,360 $386,009 1,060 0.53% $382,615 1,060 0.54% $382,615 1,060 0.55% $382,615 $31,885 Sarasota 1,967 0.92% $77,819,360 $716,301 1,967 0.98% $710,003 1,967 1.01% $710,003 1,967 1.02% $710,004 $59,167 Seminole 6,707 3.14% $77,819,360 $2,442,416 6,707 3.33% $2,420,941 6,707 3.45% $2,420,941 5,030 2.61% $1,815,618 Sumter 284 0.13% $77,819,360 $103,421 284 0.14% $102,512 284 0.15% $102,512 284 0.15% $102,512 $8,543 Suwannee 346 0.16% $77,819,360 $125,999 346 3.16% $146,369 $12,197 Taylor 52 0.02% $77,819,360 $18,936 52 0.47% $21,998 $1,833 Union 169 0.08% $77,819,360 $61,543 169 1.54% $71,492 $5,958 Volusia 11,839 5.54% $77,819,360 $4,311,281 11,839 5.88% $4,273,374 11,839 6.09% $4,273,374 11,839 6.14% $4,273,379 $356,114 Wakulla 387 0.18% $77,819,360 $140,930 387 3.53% $163,713 $13,643 Walton 569 0.27% $77,819,360 $207,207 569 0.28% $205,385 569 0.29% $205,385 569 0.30% $205,385 $17,115 Washington 236 0.11% $77,819,360 $85,942 236 2.16% $99,835 $8,320 213,696 100.00% $77,819,360 201,354 100.00% $72,680,197 194,529 100.00% $70,216,664 192,852 100.00% $69,611,428 10,951 100.00% $4,632,618 $5,967,264 Total Billed $77,312,815 $74,849,282 $74,244,046 Denotes Fiscally Constrained County *Operating own facility $77,819,360 Total Budget -$4,632,618 Less Fiscally Constrained Portion of Budget $73,186,742 -$506,545 Less Marion County Costs $2,420,941 Packet Pg. 284  9.1.b 2011-12 Secure Detention Cost Sharing Estimate Revised April 2012 Attachment: 2011-12-detention-cost-billing-estimate-v5-april-2012-revision (1146 : DJJ Reconciliation) Revised Oct 2011 Revised April Pre- Non-fiscally Estimated Non-fiscally Fiscally Estimated Percentage of Estimated FY 11-12 Percentage Percentage Estimated Non-fiscally Percentage of 2012 Estimated Percentage of Monthly Dispositional Original Constrained FY 11-12 Constrained Constrained FY 11-12 Total Pre- Predispositional of Total for of Total for FY 11-12 Constrained County Total for Non- FY 11-12 Total for Amount to County Days July 2010 Budgeted County Predispositional County Estimated County Predispositional through March dispositional Costs Before Estimated Non-fiscally Estimated Non-fiscally Predispositional fiscally Predispositional Estimated Fiscally be Billed to Amount Costs Utilization Costs 2011 Days Reductions Utilization Constrained Utilization Constrained Costs Constrained Costs Utilization Constrained County $72,680,197 $4,632,618 $70,216,664 $69,611,428 $72,680,197 Total Adjusted Budget for Non-Fiscally Constrained July 2011 -$1,815,705 -$2,463,533 Less Polk County Costs $605,236 $70,216,664 New Total Adjusted Budget for Non-Fiscally Constrained October 2011 -$605,236 Less Seminole County Costs $69,611,428 New Total Adjusted Budget for Non-Fiscally Constrained April 2012 Packet Pg. 285