Okaloosa County BOCC — March 4, 2014 — Emergency Agreement for Beach Cleaning Services

NOTICE TO PROCEED DATE: TO: PROJECT: You are hereby notified to commence WORK in accordance with the Agreement dated You are required to return an acknowledged copy of this NOTICE TO PROCEED to the OWNER: Okaloosa County Administrator’s Office, Attention: Rick Owen, 1804 Lewis Turner Blvd., Fort Walton Beach, FL 32548. OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS ow BY: Bo tl 2/2 Ernie Padgett “ TITLE: County Administrator ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged. Company Name This the day of , 2014 Signature By: Type or Print Name Title: EMERGENCY AGREEMENT FOR BEACH CLEANING SERVICES This Emergency Agreement made and entered into this _ day of February, 2014, by and between Okaloosa County, Florida, a political subdivision of the State of Florida (“County”), and Sandman, LLC (“Contractor”) for the emergency provision of beach cleaning services as more particularly set forth herein. ARTICLE I: EMERGENCY PURCHASE. 1.1 Pursuant to Section H. of the County’s Purchasing Manual, the County hereby enters into this Emergency Agreement for the provision of beach cleaning services. A summary of action taken at the February 18, 2014, Board of County Commissioners’ (“Board”) meeting is attached as EXHIBIT B and incorporated by reference. In addition, attached is a letter from the Tourist Development Department Director requesting the procurement of beach cleaning services through the emergency purchase provision of the County’s Purchasing Manual. The letter is attached as EXHIBIT C and incorporated by reference. 1.2 This Emergency Agreement is subject to ratification by the Board at its next regularly scheduled meeting. In the event this Emergency Agreement is not ratified by the Board at its next regularly scheduled meeting, it shall be terminated immediately thereof. If this Emergency Agreement is so terminated, the CONTRACTOR shall be paid for all services provided on or prior to the termination date. However, the CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from the termination. ARTICLE IT: SCOPE OF SERVICES. The CONTRACTOR shall clean certain areas of the beach, provide beach repairs and hazard management services in accordance with the Scope of Services set forth in EXHIBIT A attached hereto and incorporated by reference. ARTICLE II: COMPENSATION AND INVOICES 3.1. The COUNTY shall pay the CONTRACTOR for full and timely performance of its obligations hereunder as set forth in EXHIBIT A attached hereto and incorporated by reference. Such compensation shall be paid in two installments upon full and timely completion of services for the prior month. 3.2 It is mutually agreed and understood that payments to the CONTRACTOR for approved expenditures shall be made only upon submission to the COUNTY of itemized copies or original invoices. All statements or invoices for fees for services rendered submitted by the CONTRACTOR to the COUNTY shall be submitted in detail sufficient for proper pre-audit and post-audit thereof to insure that the work performed, expense incurred, or service rendered actually took place, was properly authorized and that the correct amount has been charged. Invoices submitted by the CONTRACTOR for services performed under this Emergency Agreement shall be itemized such that the description of services performed is consistent with the description included in the scope of services attached hereto as EXHIBIT A. 3.3. No invoice will be processed without the executed task order, purchase order or contract/lease payment approval form, as applicable, approved by the respective County official(s). No invoice for expenditures will be approved unless a copy of the actual invoice from the vendor accompanies the invoice reflecting the acquisition of goods/services. 3.4 In the event a portion of an invoice submitted to the COUNTY for payment to the CONTRACTOR, as specified above, is disputed, payment for the disputed amount may be withheld pending resolution of the dispute, and the remainder of the invoice(s) will be processed for payment without regard to that portion which is in dispute. ARTICLE IV: INDEPENDENT CONTRACTOR 4.1 It is mutually agreed that the CONTRACTOR is and shall remain an independent contractor and is not an employee or agent of the COUNTY. 4.2 The CONTRACTOR agrees to exercise its best judgment in providing the services under this Emergency Agreement. However, nothing contained herein shall be deemed to obligate the COUNTY to indemnify the CONTRACTOR against any loss or damage which the CONTRACTOR may incur as a result of any claim, suit or proceeding made or brought against the CONTRACTOR based upon any services provided by the CONTRACTOR for the COUNTY. ARTICLE V: TERM. This Emergency Agreement shall be effective immediately upon its full execution and shall terminate on April 30, 2014. ARTICLE VI: CONTRACTOR REQUIREMENTS AND CERTIFICATIONS 6.1 The CONTRACTOR certifies that it has received and reviewed the COUNTY’s Contracts and Leases Policies and Procedures Manual, Purchasing Manual and Tourist Development Operations and Procedures Manual, and agrees to conform to the requirements of these policies. A violation of any COUNTY policy relating to the purchasing of services or the administration of this Emergency Agreement as required by the COUNTY policies shall be deemed a material breach of this Emergency Agreement. 6.2. The CONTRACTOR certifies that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of executing this Emergency Agreement. The compensation amount and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the compensation was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. CONTRACTOR represents that it has furnished a Public Entity Crimes Affidavit pursuant to Section 287.133, Florida Statutes. 6.3. In connection with the services to be performed under this Emergency Agreement, CONTRACTOR agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity statutes and regulations. ARTICLE VII: AVAILABILITY OF CONTRACTOR RECORDS. The CONTRACTOR shall maintain records, books, documents, papers and financial information pertaining to work performed under this Emergency Agreement. The COUNTY upon reasonable request and notice, will have, during regular business hours, access to and the right to review and obtain copies of any and all information and documents pertinent to work performed under the Emergency Agreement at any time during the term of this Emergency Agreement. The CONTRACTOR agrees that the COUNTY, or any of its duly authorized representatives shall, upon reasonable request and notice, until expiration of one (1) year after final payment under this Emergency Agreement have access to, during regular business hours, and the right to examine any pertinent books, documents, papers, and records of the CONTRACTOR involving transactions related to this Emergency Agreement. In the event that such audit is in progress at the expiration of the aforementioned one (1) year period, access to and right to examine will continue until completion of such audit. ARTICLE VII: GENERAL INSURANCE REQUIREMENTS. 8.1. The CONTRACTOR shall not commence any work in connection with this Emergency Agreement until it has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Management Officer. 8.2 All insurance policies shall be with insurers licensed to do business in the State of Florida, and any insuring company is required to have a minimum rating of A, Class X in the Best Key Rating Guide published A. M. Best & Co., Inc. 8.3. The COUNTY shall retain the right to reject all insurance contracts that do not meet the requirement of this Emergency Agreement. 8.4 The insurance definition of Insured or Additional Insured shall include Subcontractor, Sub-subcontractor, and any associated or subsidiary companies of the CONTRACTOR, which are perform any services under this Emergency Agreement. 8.5 The COUNTY reserves the right at any time to require the CONTRACTOR to provide certified copies of any insurance policies to document the insurance coverage specified in this Emergency Agreement. 8.6 The designation of CONTRACTOR shall include any associated or subsidiary company which is involved and is a part of the contract and such, if any associated or subsidiary company involved in the project must be named in the Workers' Compensation coverage. 8.7. The CONTRACTOR agrees to notify the COUNTY of any cancellation or restrictive amendments at least thirty (30) days prior to the effective date of such cancellation or amendment, Such notice shall be given directly to the Okaloosa County Risk Management Officer. 8.8 All insurance contracts, except the Workers' Compensation shall list the COUNTY as an Additional Insured. CONTRACTOR shall provide the COUNTY current Certificates of Insurance for all policies at least ten (10) days before commencing work. ARTICLE IX: WORKERS’ COMPENSATION 9.1 The CONTRACTOR shall secure and maintain during the term of this Emergency Agreement Workers' Compensation insurance for all employees including supervision, administration and management personnel. In case any services under this Emergency Agreement are sublet with the approval of the COUNTY, the CONTRACTOR shall require the subcontractor to provide Workers' Compensation insurance for all its employees. Evidence of such insurance shall be furnished to the COUNTY not less than ten (10) days prior to the commencement of any and all subcontracted work. 9.2 Such insurance shall comply with the Florida Workers' Compensation Law. 9.3 Coverage shall include a waiver or subrogation clause in favor of the COUNTY. Also, this endorsement must be indicated on all Certificates of Insurance. 94 The COUNTY is not liable for Social Security contributions pursuant to Section 418, U.S. Code, relative to the compensation of the CONTRACTOR during the period of this Emergency Agreement. The CONTRACTOR shall procure, pay for, and maintain Workers’ Compensation insurance as required by law. The CONTRACTOR is solely responsible for any claims made by its employees under the Fair Labor Standards Act. ARTICLE X: BUSINESS AUTOMOBILE AND COMMERCIAL GENERAL LIABILITY 10.1 The CONTRACTOR shall maintain Business Automobile Liability insurance coverage throughout the term of this Emergency Agreement and any extension hereto. The insurance shall include Owned, Non-Owned & Hired motor vehicle coverage. 10.2. The CONTRACTOR shall carry other Commercial General Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. Such coverage shall include both On and Off Premises Operations, Contractual Liability, Board Form Property Damage and Professional Liability. 10.3. Commercial General Liability coverage shall be endorsed to include the following: a) On and Off Premises Operation Liability b) Occurrence Bodily Injury and Property Damage Liability c) Independent Contractor Liability d) Completed Operations and Products Liability 10.4 The CONTRACTOR shall agree to maintain in force Commercial General Liability Insurance including Completed Operations and Products Liability coverage for at least two (2) years following acceptance of the project by the COUNTY. 10.5 All liability insurance shall be written on an occurrence basis and shall not be written on a claim-made basis. If the insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Emergency Agreement. If, as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the 10.6 below, the CONTRACTOR shall notify the COUNTY representative in writing. The CONTRACTOR shall purchase additional liability insurance to maintain the requirements established in this Emergency Agreement. Umbrella or Excess Liability insurance can be purchased to meet the limits specified in 10.6 below. 10.6 LIMITS OF LIABILITY. The insurance required shall be written for not less than the following limits unless law requires higher amounts: 1. Workers Compensation a) State Statutory b) Employers Liability $1 million each accident 2. Business Automobile $1 million each occurrence (Combined Single Limit) 3. Commercial General Insurance $1 million each occurrence (Combined Single Limit) 4, Professional Liability $1 million each occurrence (Combined Single Limit) 5. Personal Injury and Advertising $1 million each occurrence (Combined Single Limit) 10.7 The CONTRACTOR agrees to report any incident or claim that results from performance of this Emergency Agreement. Within ten (10) days of the CONTRACTOR’s knowledge, the Okaloosa County Risk Management Officer shall receive written notice describing the incident or claim. In the event such incident or claim involves injury or property damage to a third party, verbal notification shall be given the same day the CONTRACTOR becomes aware of the incident or claim. A detailed written report is to be made within ten (10) days. ARTICLE XI: CERTIFICATE OF INSURANCE 11.1 All insurance shall include the interest of all entities names in and its respective agents, consultants, servants and employees of each and all other interests as may be reasonably required by the COUNTY as Additional Insured. The coverage afforded the Additional Insureds under this policy shall be primary insurance. If the Additional Insureds have other insurance that is 5 applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance. 11.2 Certificates of insurance, in duplicate, evidencing all required coverage must be submitted to and approved by the COUNTY prior to the commencement of any of the work. The certificate holder(s) shall be as follows: Okaloosa County 602-C North Pearl Street Crestview, Florida 32536 11.3 All policies shall expressly require thirty (30) days written notice to Okaloosa County at the address set out above, or the cancellations of material alterations of such policies, and the Certificates of Insurance, shall so provide. The certificate, if on a Standard Accord, shall not include language such as "if any" or but failure to mail such notice shall impose on obligation or liability of any kind upon the COUNTY, its agents or representatives. 11.4 All certificates shall be subject to the COUNTY’s approval of adequacy of protection and the satisfactory character of the Insurer. 11.5 The Certificates of Insurance shall disclose any and all deductibles or self-insured retentions (SIRs). Deductibles or SIRs in excess of $10,000 will not be accepted unless specifically approved in writing by the COUNTY. All deductibles or SIRs, whether approved by the COUNTY or not, shall be the full responsibility of the CONTRACTOR. In particular, the CONTRACTOR shall afford full coverage as specified herein to entities listed as Additional Insureds. In no way will the entities listed as Additional Insureds be responsible for, pay for, be damaged by, or limited to coverage required by this schedule due to the existence of a deductible or SIR. Specific written approval from the COUNTY will only be provided upon demonstration that the CONTRACTOR has the financial capability and funds necessary to cover the responsibilities incurred as a result of the deductible or SIR. 11.6 In the event of failure of the CONTRACTOR to furnish and maintain said insurance and to furnish satisfactory evidence thereof, the COUNTY shall have the right (but not the obligation) to take out and maintain insurance on the project. All costs for the coverage will be paid by CONTRACTOR upon presentation of a bill. 11.7 Any type of insurance or increase of limits of liability not described above which the CONTRACTOR required for its own protection or on account of statute shall be its own responsibility and at its own expense. The carrying of the insurance described shall in no way be interpreted as relieving the CONTRACTOR of any responsibility under this contract. Should the CONTRACTOR engage a subcontractor or sub-subcontractor, the same conditions will apply under this Emergency Agreement to each subcontractor and sub-subcontractor. The CONTRACTOR hereby waives all rights of subrogation against Okaloosa County and its consultants and other indemnities of the CONTRACTOR under all the foregoing policies of insurance. ARTICLE XII: INDEMNIFICATION AND HOLD HARMLESS. To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Emergency Agreement. ARTICLE XIII: AMENDMENT. This Emergency Agreement may be amended, in writing, by the mutual consent of the parties. ARTICLE XIV: ENTIRE AGREEMENT. This Emergency Agreement constitutes the entire understanding between the parties with respect to the transaction contemplated herein and supersedes all prior written or oral negotiations, commitments or writings. All future modifications to this Emergency Agreement shall be in writing signed by both parties. ARTICLE XV: ATTORNEYS FEES. If any legal action is brought by either party relating to this Emergency Agreement, the prevailing party will be entitled to reimbursement by the other party of its reasonable attorneys' fees and costs. ARTICLE XVI: GOVERNING LAW AND VENUE. This Emergency Agreement shall be interpreted in accordance with the laws of the State of Florida without regard to its principles of conflicts of laws. Venue for any legal proceedings arising out of this Emergency Agreement shall be in Okaloosa County, Florida. IN WITNESS WHEREOEF, the parties hereto have caused these presents to be executed on the day and year first hereinabove written. SANDMAN, LLC OKALOOSA COUNTY, FLORIDA -Paylor Ward, Managing Member Ernie Padgett, County Administrator Date: 2 /, o 5/ / of Date: 22. A. EXHIBIT A SCOPE OF SERVICES AND COMPENSATION BEACHES The measurements contained herein are an approximation. 1. Okaloosa Island from the United States Air Force (U.S.A.F.) property at El Matador Condominiums to U.S.A.F. property adjacent to John C. Beasley Park, approximately 3.1 miles. 2. Destin beaches approximately 6.64 miles extending east to west along the Gulf of Mexico from the Walton County line west to the east Jetties at East Pass then north along the east pass on Holiday Isle, up and including East Pass Towers. 3. Norriego Point Excluded Properties: 1) Henderson Beach State Park. 2) Any private beach owner who expressly state, in writing, that they do not want their property cleaned. CONTRACTOR’S RESPONSIBILITIES AND WORK REQUIREMENTS: 1. All beach areas from the water line landward approximately sixty (60) feet shall be mechanically cleaned as scheduled. The parties acknowledge that the City of Destin has no ordinance controlling the setup time of beach vendors and therefore this requirement is subject to change on a case by case basis. No mechanical beach cleaning shall occur any closer than ten (10) feet from sand dune toe. All other areas are to be hand-picked of debris as needed. However, if at any time during the period of the contract, access or ingress to any beach is impractical due to eroded or washed-out conditions from marine disturbances, storms or other acts of God, or in the event access to the beaches is impractical due to depleted or diminished sand from tidal action, acts of God, or any causes that are beyond the control of the CONTRACTOR, the CONTRACTOR, with approval of the COUNTY/TDD official in charge, may clean the areas by raking, manual picking, or other suitable means to complete the services hereunder. 2. All beach areas must be cleaned as early as possible. All machine-cleaning of the beaches shall conclude by 9:30 a.m. and equipment and collections shall be removed from the beach by 10:00 a.m. daily or shortly thereafter as circumstances dictate. 3. Clean all beaches of seaweed (as allowed by permit), dead animals or marine life, pebbles, food, glass, papers, and all other debris. Removal of the wrack, defined as the line of dried seaweed, marine vegetation, and other organic debris and detritus left on the beach by the action of the tides, shall be prohibited year round from the east jetty of the 8 East Pass inlet and east for one (1) mile. Removal of the wrack is authorized when the COUNTY reasonably determines that the health of humans may be negatively affected. . Report all suspected oil or hazardous material on the beach to the National Response Center immediately. (800) 424 — 8802 or #DEP from a cell phone. . Clean around lifeguard towers, plants, trees, trash containers, retaining walls, etc., and other obstacles within the beach areas. They are to be raked, manually picked up, or other suitable means may be used to provide the services as required. TRASH CONTAINER REQUIREMENTS AND LOCATIONS . Containers shall be located, in sufficient quantities to meet the goal of clean beaches, along the beaches at locations determined by the CONTRACTOR and COUNTY. The CONTRACTOR may use 40-gallon plastic containers with plastic bag liners. Other trash receptacle options are allowed with permission of the COUNTY. The containers must all be the same color and anchored in place by either a 4X4 wolmanized post or galvanized steel post and chained or bolted in place and have easy public accessibility or by other methods agreed to by the COUNTY. . Locations of Trash Containers. CONTRACTOR shall receive prior approval from COUNTY of the location of each container. Containers shall be placed as required to handle the amount of trash determined upon volume, accessibility and changing circumstances. ITEMS TO BE FURNISHED BY CONTRACTOR The CONTRACTOR shall furnish all labor, equipment, additional bag holders, posts, container bags, drums, drum lines, and all other materials, supplies and incidentals, etc. for the cleaning of beaches, and other incidental work thereto, as specified herein. At the conclusion of the contract, the materials placed on the beach (poles, bag holders, drums, bags) will become the property of the COUNTY. CONTRACTOR SHALL BE RESPONSIBLE FOR ASSURING THAT ALL EMPLOYEES ADHERE TO THE FOLLOWING MINIMUM RULES/REGULATIONS . Personal items found on the beach shall be brought to the attention of the TDD official in charge and handled as required by Florida law and County ordinance. . The CONTRACTOR and its employees shall have identification cards indicating their employment at all times while on duty and shall display these on their outer clothing in visible sight. . The CONTRACTOR and its employees shall be knowledgeable of, and adhere to, all County ordinances. . CONTRACTOR shall be responsible for assuring that beaches are in safe and clean condition at all times and shall report to the TDD official in charge any conditions which might require COUNTY action. BEACH CLEANING EQUIPMENT . The beach cleaning equipment to be used shall be capable of completing the above described work within the specified work period. . Servicing of any equipment shall be done outside of the sandy dune/beach areas. Equipment shall not be parked or stored on any COUNTY property. . Access to the beach shall be through the authorized beach accessways (#2 and #5) provided for beach cleaning and emergency vehicle access or other routes as approved by the COUNTY. POSTPONED WORK SCHEDULE MAKE-UP . If inclement weather or any other unavoidable condition prevents the CONTRACTOR from performing the work on a scheduled date, the CONTRACTOR shall report such to the TDD official in charge. The CONTRACTOR shall make up the corresponding number of work days postponed, in accordance with the directions given by the TDD official in charge. No additional compensation will be allowed for such extension or for corrective work undertaken. . All make-up work shall be by mutual agreement between the CONTRACTOR and the TDD official in charge. . In the event any make-up work is impracticable and cannot be performed, the CONTRACTOR will not be paid for any such non-performance or incomplete work. Payment for the work shall be pro-rated and the CONTRACTOR shall be paid only for the days worked. LIQUIDATED DAMAGES It shall be mutually agreed and understood between the parties to the contract that time and strict adherence to the work requirements shall be the essence of the contract, and in case of failure on the part of the CONTRACTOR to complete each cleaning within the time agreed upon and within the specified work requirements, the COUNTY will be damaged and the amount of said damages, being difficult, if not impossible, of definite ascertainment and proof, it is hereby agreed that the amount of such damages shall be estimated, agreed upon, liquidated and fixed at_ two hundred and fifty dollars ($250.00)) for each cleaning day for each infraction. The CONTRACTOR hereby agrees to pay the COUNTY as liquidated damages in the above amount. Any of the following infractions shall result in the assessment of liquidated damages: 10 . Failure of the CONTRACTOR to notify the TDD official in charge that the work performance cannot be performed or competed on the regularly scheduled date. . Failure of the CONTRACTOR to report for work on the regular and make-up work date after notifying the TDD official in charge that the work will be performed. . Failure of the CONTRACTOR to provide the beach cleaning due to equipment failure. It is the CONTRACTOR’s responsibility to provide equipment at his own expense to clean the beaches. . Failure to keep the beach clean of trash and other debris. . For any other violation of the contract requirements. . Exceptions: a. All beach cleaning services that cannot be performed due to Armed Forces maneuvers, tidal wave disaster, any act or causes of God for which is beyond the control of CONTRACTOR. b. Collecting and disposing of unusually large amounts of seaweed from unusual flood tides, heavy tidal actions, marine turbulence, marine storm or other acts of God. c. All exceptions shall be made up by mutual agreement between the CONTRACTOR and the TDD official in charge as soon as practicable. The CONTRACTOR shall not be paid for any work scheduled that is incomplete or not performed. BEACH REPAIR AND HAZARD MANAGEMENT Any existing utilities and structures such as water lines, electric conduits, sewer lines, drinking fountains, buildings, etc., which may be damaged by the CONTRACTOR’s equipment, employees, etc., shall be immediately repaired by the CONTRACTOR within eight (8) hours after damage. If the repairs are not completed within the specified time, the TDD reserves the right to hire another CONTRACTOR to make the necessary repairs and deduct the repair costs from the amount owed by the CONTRACTOR, if any, or to invoice the CONTRACTOR for such repairs. Hazard Management CONTRACTOR agrees to provide such hazard management services as the COUNTY shall reasonably request; including, but not limited to, the removal of broken glass, the shoring of eroded and deteriorated walkways by moving fill into place around them, grading storm-cut escarpments and removing threatening debris. CONTRACTOR shall have equipment available to lift and remove the beach foreign material within acceptable i1 levels agreed upon between the CONTRACTOR and the TDD official in charge. CONTRACTOR agrees to be available for the performing of such services on an emergency basis and shall respond to the request by the COUNTY for the correction of such hazardous conditions as promptly as reasonably possible. CLEANING SCHEDULE AND COMPENSATION Barring unavoidable delays, all trash containers shall be emptied by 9:00 a.m. on each scheduled day as follows: TRASH PICK-UP: 3/1/14 — 4/30/14 MACHINE CLEANING: 3/1/14 — 4/30/14 TRASH PICK-UP: 3/1/14 — 4/30/14 MACHINE CLEANING: 3/1/14 — 4/30/14 TRASH PICK-UP: 3/1/14 — 4/30/14 MACHINE CLEANING: 3/1/14 — 4/30/14 HAND CLEANING: OKALOOSA ISLAND 7 days per week 61 days at $318.25 per day = $19,413.25 5 days per week (Mon., Tues., Weds., Fri., and Sat.) 44 days at $370.50 per day = $16,302.00 DESTIN 7 days per week 61 days at $437 per day = $26,657.00 5 days per week (Mon., Tues., Weds., Fri., and Sat.) 44 days at $494 per day = $21,736.00 NORRIEGO POINT: 3 days per week 26 days at $30 per day = $780.00 2 times per month 4 days at $200 per day = $800.00 2 times per month. (Contractor shall provide utility vehicle and staffing to walk through the area removing trash. This service includes: | utility vehicle, 2 individual and disposal.) 3/1/14 — 4/30/14 4 days at $175 per day = $700.00 12 TOTAL COMPENSATION: NOT TO EXCEED $86,388.25 REIMBURSEABLE COSTS FOR DISPOSAL OF TRASH The CONTRACTOR shall properly dispose of all trash collected from the beach, as directed by the COUNTY. The CONTRACTOR shall submit with each monthly invoice the official receipt for the disposal fees to be reimbursed by the COUNTY. Under no circumstances shall trash collected from areas other than the beaches of Okaloosa Island and Destin be submitted to the COUNTY for reimbursement. The COUNTY shall reimburse the CONTRACTOR an amount not to exceed $6,500.00 for the disposal fees incurred by the CONTRACOR under this Emergency Agreement. 13 Il. Ii. Minutes Okaloosa County Board of Commissioners Tuesday, February 18, 2014— 6:00 PM Water & Sewer Administration Building County Administrator's Update Commissioner's Minute Public Comments Related to Current Agenda Public Hearing 1. Alpha Omega Investment FLUM Amendment/Rezoning RESULT: ADOPTED [UNANIMOUS] MOVER: Dave Parisot, Commissioner District 2 SECONDER: Wayne Harris, Commissioner District 1 AYES: Amunds, Boyles, Harris, Parisot, Windes 2. Request approval of Expansion of Regional Activity Center Boundary and Extension of Trip Vesting Period RESULT: ADOPTED [UNANIMOUS] MOVER: Nathan Boyles, Commissioner, District 3 SECONDER: Don Amunds, Commissioner District 4 AYES: Amunds, Boyles, Harris, Parisot, Windes 3. Request public comment and consideration concerning the addition of a street light at 614 Pelican Drive within the Okaloosa Island MSBU. District: 2. RESULT: ADOPTED [UNANIMOUS] MOVER: Dave Parisot, Commissioner District 2 SECONDER: Don Amunds, Commissioner District 4 AYES: Amunds, Boyles, Harris, Parisot, Windes 4. Public hearing for the vacation of a portion of 2nd Avenue and alleyway through Block 2, Port Dixie in Shalimar Revised: 2/19/2014 12:59 PM Page 1 of 8 Regular Meeting (South) Minutes February 18, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Nathan Boyles, Commissioner, District 3 SECONDER: Dave Parisot, Commissioner District 2 AYES: Amunds, Boyles, Harris, Parisot, Windes V. Visitor 1. Request approval of proclamation recognizing the 125th Anniversary of Florida Public Health and Liza Jackson as Public Health Hero in Okaloosa County. RESULT: ADOPTED [UNANIMOUS] MOVER: Nathan Boyles, Commissioner, District 3 SECONDER: Don Amunds, Commissioner District 4 AYES: Amunds, Boyles, Harris, Parisot, Windes 2. Request approval of Proclamation recognizing the Distinguished Young Women’s Day in Okaloosa County in Honor of Natalie Katherine Lawson RESULT: ADOPTED [UNANIMOUS] MOVER: Dave Parisot, Commissioner District 2 SECONDER: Wayne Harris, Commissioner District 1 AYES: Amunds, Boyles, Harris, Parisot, Windes 3. Representative from The Frazer Lanier Company, Inc to present a request to the Board for assistance in obtaining industrial bonds for Auburn Water Systems. RESULT: ADOPTED [4 TO 0] MOVER: Wayne Harris, Commissioner District 1 SECONDER: Dave Parisot, Commissioner District 2 AYES: Don Amunds, Wayne Harris, Dave Parisot, Kelly Windes ABSTAIN: Nathan Boyles VI. Consent Agenda RESULT: ADOPTED [UNANIMOUS] MOVER: Dave Parisot, Commissioner District 2 SECONDER: Nathan Boyles, Commissioner, District 3 AYES: Amunds, Boyles, Harris, Parisot, Windes Pulled for separate votes: #16, 26 & 29. 1. Request approval of First Amendment to World Fiber Technologies, Inc. Contract C10-1838-IS. 2. Request approval of final payment on CCI Systems, Inc. Contract C13-2034-IS Okaloosa County Board of Commissioners Page 2 Printed 2/19/2014 Regular Meeting (South) Minutes February 18, 2014 3. 4, 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Request approval of the Eglin AFB ARFF Development Contract Request approval of and authorize the Chairman to execute a Proclamation designating May 4-10, 2014 as "Drinking Water Week" in Okaloosa County. Request approval of and authorize the Chairman to execute a Proclamation declaring the month of April as "Water Conservation Month" in Okaloosa County. Request approval for a Qualified Beach Vendor Certificate submitted by Destin Yoga for the 2014 calendar year. District: 5 Request approval of a Special Event Permit to utilize a county beach area on Okaloosa Island near the Boardwalk for a five day Volleyball Tournament to be held April 23 - 27, 2014 from 9:00 a.m. - 5:00 pm each day, sponsored by Southern Events Management, Inc. District: 2. Request approval to Award Contract to Insituform Technologies for Cured in Place Stormwater Pipe Rehabilitation (RFB #RD 14-14) Request approval of the Re-appointment of Jeff Linn and Joel Richardson to the Electrical Competency Board Request approval of the Re-Appointment of David Cummins to the Plumbing Competency Board Request approval of the Re-Appointment of David Galliard, Roger Casey and Lee Jackson to the Mechanical Competency Board Request approval of the Re-appointment of Skip Royster to the Construction Competency Board Approval of Budget Resolutions & Transfers Request approval of Okaloosa County Transit Task Order for City of Crestview funding and General Revenue to match City of Crestview funding. Request approval to Award the bid for Repair and Painting Countryview and Bluewater Tanks (RFB # WS 24-14) Seeking Authorization to Auction Surplus Items. Seeking Board Approval to Purchase Two (2) 14 Cubic Yard Heavy Duty Dump Trucks Approve Contract with Bill Smith Electric for Electric Manhole Rehabilitation (RFB # WS 03-14) Award and Sign Contracts for Network Cabling and Repair (RFB# IS 17-14) Requesting Board approval and Award of Bid for Reroofing Tourist Development Department Welcome Center (RFB # TDD 16-14) Okaloosa County Board af Commissioners Page 3 Printed 2/19/2014 Regular Meeting (South) Minutes February 18, 2014 21. Requesting approval to Award of Bid for Biosolids Removal & Transportation (RFB #WS 21-14) 22. 2014 Federal Transit Administration (FTA) Certifications and Assurances 23. Request approval to solicit quotes in lieu of bids for the Cell Phone Waiting Area Parking Lot project at Northwest Florida Regional Airport 24. Request approval of Resolution by the Okaloosa County Board of County Commissioners supporting the widening of US 98 from County line to Airport Road in Destin 25. Request approval of minutes for the January 7th & 21st 2014 BCC Meeting. 26. Request Approval to Solicit Proposals for Airport Leased Vehicles 27. Request approval of Resolution by the Okaloosa County Board of County Commissioners supporting legislation to control population of lionfish in the Gulf of Mexico. 28. Request the Board approve Reimbursement Resolution for debts incurred as part of construction projects. 29. Request approval of Baker Landfill - 2014 Semiannual Sampling and Reporting Correction Amount amended to: $96,500 30. Request approval of Polyengineering, Inc. Task Order 4 Vil. Department Business A, Elliot Kampert/Growth Management 1. Request Approval of Purchase of Replacement Public Transit Vehicles: Two (2) 29’ Cutaway Buses for Fixed Route, Thirteen (13) 23’ Cutaway Buses for Fixed Route, Four (4) 23’ Cutaway Buses for Paratransit Transit Door-to- Door Service RESULT: ADOPTED [4 TO 1] MOVER: Nathan Boyles, Commissioner, District 3 SECONDER: Dave Parisot, Commissioner District 2 AYES: Don Amunds, Nathan Boyles, Dave Parisot, Kelly Windes NAYS: Wayne Harris 2. Request approval of setting public hearing on March 18 for potential termination of Transit Route 33 Okaloosa County Board of Commissioners Page 4 Printed 2/19/2014 Regular Meeting (South) Minutes February 18, 2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Don Amunds, Commissioner District 4 SECONDER: Wayne Harris, Commissioner District 1 AYES: Amunds, Boyles, Harris, Parisot, Windes 3. Bring as dept. item to discuss consideration of all route funding with cities upcoming budget year at March 18 meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Dave Parisot, Commissioner District 2 SECONDER: Wayne Harris, Commissioner District 1 AYES: Amunds, Boyles, Harris, Parisot, Windes B. Ed Schroeder/Tourist Development 1. Request approval of Horizons Burning Up The Beaches Car Show RESULT: WITHDRAWN 2. Request approval of Peter Mayer Task Order 129 RESULT: WITHDRAWN 3. Request approval of Interlocal Agreement for Beach Rescue and Transport Services RESULT: ADOPTED [UNANIMOUS] MOVER: Dave Parisot, Commissioner District 2 SECONDER: Wayne Harris, Commissioner District 1 AYES: Amunds, Boyles, Harris, Parisot, Windes 4, Request approval of Peter Mayer Task Order 130 RESULT: WITHDRAWN C. Jeff Littrell/Water & Sewer 1. Request approval to advertise and hold a public meeting to discuss and to vote on approval for OCWS to self perform construction of the Newcastle Area Water System Improvements Project Okaloosa County Board of Commissioners Page 5 Printed 2/19/2014 Regular Meeting (South) Minutes February 18, 2014 RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Dave Parisot, Commissioner District 2 SECONDER: Don Amunds, Commissioner District 4 AYES: Amunds, Boyles, Harris, Parisot, Windes Date corrected to March 18 meeting. D. ~~ Sunil Harman/Airports 1. Request approval of NWFRA Police Station Contract RESULT: ADOPTED [UNANIMOUS] MOVER: Wayne Harris, Commissioner District 1 SECONDER: Nathan Boyles, Commissioner, District 3 AYES: Amunds, Boyles, Harris, Parisot, Windes E. John Hofstad/Public Works 1. Request approval of Addendum #3 to Hazardous Waste Disposal Contract RESULT: ADOPTED [UNANIMOUS] MOVER: Dave Parisot, Commissioner District 2 SECONDER: Nathan Boyles, Commissioner, District 3 AYES: Amunds, Boyles, Harris, Parisot, Windes 2. Request approval to provide 10 loads of clay to the City of Fort Walton Beach for their baseball fields. District: 2,3,4 RESULT: ADOPTED [UNANIMOUS] MOVER: Dave Parisot, Commissioner District 2 SECONDER: Wayne Harris, Commissioner District 1 AYES: Amunds, Boyles, Harris, Parisot, Windes 3. Emerald Cost Wildlife Refuge is formally requesting Board consideration to extend the construction provision for property leased by the Board of County Commissioners on Okaloosa Island RESULT: ADOPTED [UNANIMOUS] MOVER: Dave Parisot, Commissioner District 2 SECONDER: Don Amunds, Commissioner District 4 AYES: Amunds, Boyles, Harris, Parisot, Windes 4, Proposed in house Beach Cleaning Services to be performed by County Public Works Parks Division Staff Okaloosa County Board of Commissioners Page 6 Printed 2/19/2014 Regular Meeting (South) Minutes RESULT: MOVER: ADOPTED AS AMENDED [3 TO 2] Nathan Boyles, Commissioner, District 3 February 18, 2014 SECONDER: Wayne Harris, Commissioner District 1 AYES: Nathan Boyles, Wayne Harris, Kelly Windes NAYS: Don Amunds, Dave Parisot Emergency contract awarded to Sandman (Taylor Ward) not to exceed 60 days Staff/Vendor/Legal proceed with settlement details as agreed upon by all parties in public meeting. F. Donald Turner/Facility Maintenance 1. Request Board consideration to renew the lease with Elder Services for the space currently leased to them for a five year term. Dist: all RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Nathan Boyles, Commissioner, District 3 SECONDER: Don Amunds, Commissioner District 4 AYES: Amunds, Boyles, Harris, Parisot, Windes 10 YR extension of lease 2. Request Board authorization to enter negotiations with the top ranked design firm that submitted proposals on the Sheriff's new Shalimar building. Dist: all RESULT: ADOPTED [UNANIMOUS] MOVER: Don Amunds, Commissioner District 4 SECONDER: Wayne Harris, Commissioner District 1 AYES: Amunds, Boyles, Harris, Parisot, Windes G. Kay Godwin/Human Resources 1. Update and request guidance on County Attorney recruitment process. RESULT: ADOPTED [4 TO 1] MOVER: Nathan Boyles, Commissioner, District 3 SECONDER: Wayne Harris, Commissioner District | AYES: Don Amunds, Nathan Boyles, Wayne Harris, Dave Parisot NAYS: Kelly Windes Staff directed to enter into negotiations with Nabors, Giblin & Nickerson law firm. Vill. Public Comments Okaloosa County Board of Commissioners Page 7 Printed 2/19/2014 Regular Meeting (South) Minutes February 18, 2014 Okaloosa County adheres to the Americans with Disabilities Act and will make reasonable accommodations for access to this meeting upon request. Please call the County Administrator’s Office at (850) 651-7515 to make a request. For Hearing Impaired, Dial 1-800-955-8771 (TDD), and 1-800-955-8770 (Voice). Requests must be received at least 48 hours in advance of the meeting in order for Okaloosa County to provide the requested service. Okaloosa County Board of Commissioners Page 8 Printed 2/19/2014