Flagler County Board of County Commissioners Meeting Agenda

April 19, 2021 • 5:00 p.m.

Government Services Building 2, Board Chambers, 1769 E. Moody Blvd., Bunnell, FL 32110

1. Pledge to the Flag and Moment of Silence

2. Additions, Deletions and Modifications to the Agenda

3. Announcements by the Chair

4. Recognitions, Proclamations and Presentations: None

5. Community and Board Comments: 5a) Community Outreach: This thirty-minute time period has been allocated for public comment on any consent agenda item or topic not on the agenda. Each speaker will be allowed up to three (3) minutes to address the Commission. Speakers should approach the podium, identify themselves and direct comments to the Chair.

5b) Board Comments on Consent Items

6. Consent: Constitutional Officers: 6a) Clerk: Bills and Related Reports: Request the Board approve the report(s) of funds withdrawn from County depositories by the Flagler County Clerk of the Circuit Court and the Revenue Collected Report presented in compliance with the provisions of Section 136.06, Florida Statute as listed below: 1) Disbursement Report for Week Ending March 26, 2021 2) Disbursement Report for Week Ending April 2, 2021

6b) Clerk: Approval of Board Meeting Minutes: Request the Board approve the minutes from the following Meetings: 1) April 5, 2021 Regular Meeting 2) April 5, 2021 Workshop

6c) Sheriff: Approval to Continue the Annual Participation in the Byrne Justice Grant Program FY20/21 in the Amount of $35,748: Request the Board approve and authorize the Chair or County Administrator as applicable to execute the grant agreements, if awarded, and any other documentation associated with implementation of the grant approved to form by the County Attorney. (Requested by Michael Catalano, Grant and Project Accountant)

7. Consent: BOCC Departments: 7-a) Ratification of Flagler County Emergency Proclamations Extending the State of Local Emergency – Hurricane Matthew: Request the Board ratify the Proclamations Extending the State of Local Emergency for Hurricane Matthew. (Requested by Jonathan Lord, Emergency Management Director)

April 19, 2021 Regular Meeting • 5:00 p.m. Page 1 of 3

7-b) Ratification of Flagler County Emergency Proclamations Extending the State of Local Emergency – COVID-19: Request the Board ratify the Proclamations Extending the State of Local Emergency for COVID-19. (Requested by Jonathan Lord, Emergency Management Director) 7-c) Resolution and Authorization to Transfer a Parcel Dedicated for Use as Affordable Housing: Request the Board approve the Resolution outlining the transfer of the Underwick Path property and authorize the County Administrator to execute any instruments necessary to effectuate the transfer, as approved to legal format by the County Attorney. (Requested by Tim Telfer, Resiliency and Resource Stewardship Manager) 7-d) Consideration of a Budget Amendment to Recognize and Appropriate Unanticipated Revenue Due to an Award from the Federal Aviation Administration (FAA) Grant in the Amount of $57,162: Request the Board approve the Unanticipated Revenue Resolution to appropriate funding. (Requested by E. John Brower, Financial Services Director) 7-e) Consideration of a Space Use Agreement between Flagler County and Flagler Tailwinds, Inc. D/B/A Highjackers: Request the Board approve the Space Use Agreement for the County facility located at 202 Airport Road, Flagler Executive Airport to Flagler Tailwinds, Inc. D/B/A Highjackers.(Requested by Roy Sieger, Airport Director) 7-f) Consideration of a Resolution and a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) in the Amount of $117,000 to Assist with Funding for T-Hangar Design at the Flagler Executive Airport: Request the Board approve the PTGA and adopt the Resolution authorizing the Chairman to execute the agreement and authorize the Airport Director to execute all necessary documents associated with accepting and implementing said agreement, including any amendments and extensions approved as to form by the County Attorney. (Requested by Roy Sieger, Airport Director) 7-g) Consideration of Work Authorization No. WA-7, which Establishes the Scope of Services and Compensation for Hoyle, Tanner & Associates, Inc. under Flagler County Contract RSQ 18-026Q to Assist in the T-Hangar Design for the Flagler Executive Airport in the Amount of $117,000: Request the Board approve Work Authorization No. WA-7 under Flagler County Contract RSQ #18-026Q for Hoyle, Tanner & Associates, Inc., authorizing the Chair to execute the agreement and authorize the Airport Director to execute all necessary documents associated with accepting and implementing said agreement, including any amendments and extensions approved as to form by the County Attorney. (Requested by Roy Sieger, Airport Director) 7-h) Affordable Housing Advisory Committee Reappointment: Request the Board approve the reappointment of Ms. Denise Santa Maria to the Affordable Housing Advisory Committee for a three-year term. (Requested by Administration and Joyce Bishop, Health and Human Services Director) 7-i) Ratification of the Land Acquisition Committee Property Ranking: Request the Board approve the prioritized list and direct staff to begin negotiation with land owners based on priority ranking, any available funding partners and available resources. (Requested by Tim Telfer, Resiliency and Resource Stewardship Manager) 7-j) Allocation of Funding for Previously Approved FY2020 Florida Inland Navigation District (FIND) Waterways Assistance Program for Improvements to the Bing’s Landing Seawall with a Total Project Cost of $79,000: Request the Board approve

April 19, 2021 Regular Meeting • 5:00 p.m. Page 2 of 3

Unanticipated Revenue Resolution and Budget Transfer 21-125. (Requested by Tim Telfer, Resiliency and Resource Stewardship Manager) 7-k) Consideration of Updates to Flagler County’s Personnel Policies and Procedures Manual Section 1.02 Purpose and 1.05 Administration and Amendment: Request the Board approve the Amended Personnel Policies and Procedure Section 1.03 and 1.05. (Requested by Pam Wu, Human Resources Director)

8. General Business: Presentations limited to 15 minutes with public comments limited to 3 minutes per speaker. 8-a) US Constitution Resolution Discussion (Requested by Commissioner Mullins)

9. Public Hearings: None

10. Additional Reports and Comments: 10-a) County Administrator Report/Comments 10-b) County Attorney Report/Comments 10-c) Community Outreach: This thirty-minute time period has been allocated for public comment for items not of the agenda. Each speaker will be allowed up to three (3) minutes to address the Commission. Speakers should approach the podium, identify themselves and direct comments to the Chair. 10-d) Commission Reports/Comments/Action

11. Adjournment

Section 286.0105, Florida Statutes states that if a person decides to appeal any decision made by a board agency, or commission with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

In accordance with the Americans with Disabilities Act, persons needing assistance to participate in this meeting should contact the (386) 313-4001 at least 48 hours prior to the meeting.

April 19, 2021 Regular Meeting • 5:00 p.m. Page 3 of 3 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021 Item 6a(1)

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/24/2021 190864 FCBCC GROUP BENEFITS (P/R) 20210326 13,186.94 PAYROLL SUMMARY

13,186.94

03/24/2021 190865 FCBCC GROUP BENEFITS FLEX PLAN 20210326 1,489.29 PAYROLL SUMMARY

1,489.29

03/24/2021 190866 FLAGLER CO PROF FIREFIGHTERS ASSO 20210305 852.00 PAYROLL SUMMARY

20210312 852.00 PAYROLL SUMMARY

20210319 852.00 PAYROLL SUMMARY

20210326 852.00 PAYROLL SUMMARY

3,408.00

03/24/2021 190867 FLAGLER COUNTY COCC (P/R) 20210326 16.00 PAYROLL SUMMARY

16.00

03/24/2021 190868 HARTFORD LIFE & ACCIDENT INSURANCE 20210305 1,500.85 PAYROLL SUMMARY

20210312 1,514.26 PAYROLL SUMMARY

20210319 1,509.44 PAYROLL SUMMARY

20210326 1,487.76 PAYROLL SUMMARY

6,012.31

03/24/2021 190869 UNITED WAY OF VOLUSIA-FLAGLER, INC 20210326 2.00 PAYROLL SUMMARY

2.00

03/29/2021 190870 MATTHEW C ADAMS GIST602A 1,232.91 TUITION REIMB:GIST602A RASTER SPATIAL ANALYSIS

1,232.91

03/29/2021 190871 ALLIED UNIVERSAL SECURITY SERVICES 9828462 313.20 SECURITY GUARD SVCS-FEB20 PC LIBRARY

9952440 3,062.40 SECURITY GUARD SVCS-MAR20 GSB

9952440 10,749.40 SECURITY GUARD SVCS-MAR20 JUD.CENTER

14,125.00

03/29/2021 190872 AMERIS BANK - LOAN SERVICE CENTER NTE 00101 0421 16,906.98 TAXABLE AIRPORT REV NOTE SERIES 2015-INT.DUE 4/01

NTE 00101 0421 44,000.00 TAXABLE AIRPORT REV NOTE SERIES 2015-PRIN.DUE 4/01

60,906.98

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 1 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/29/2021 190873 AMY BIENDENBACH R298 200.00 PARKS DEPOSIT RFND-R298 PP COTTAGE

200.00

03/29/2021 190874 ANNELIESE WEISS 112793 18.69 PARKS FEE REFUND-112793 PRINCESS PL CAMP SITE

112793 1.31 PARKS SLSTX REFUND-112793 PRINCESS PL CAMP SITE

112793-1 18.69 PARKS FEE REFUND-112793 PRINCESS PL CAMP SITE

112793-1 1.31 PARKS SLSTX REFUND-112793 PRINCESS PL CAMP SITE

40.00

03/29/2021 190875 ARGOS READY MIX, LLC 92277655 1,315.13 CONCRETE FOR COLBERT LANE PUBLIC WORKS

1,315.13

03/29/2021 190876 BAKER & TAYLOR, INC 5016737492 17.27 (1)BOOK FOR LIBRARY

5016737493 1,091.13 (59)BOOK FOR LIBRARY

5016741225 19.83 (2)BOOK FOR LIBRARY

5016741226 17.26 (1)BOOK FOR LIBRARY

5016741227 725.21 (58)BOOK FOR LIBRARY

5016747779 14.08 (2)BOOK FOR LIBRARY

5016747780 26.97 (2)BOOK FOR LIBRARY

5016747781 27.95 (2)BOOK FOR LIBRARY

5016747782 85.55 (5)BOOK FOR LIBRARY

5016747783 112.61 (7)BOOK FOR LIBRARY

5016747784 571.14 (44)BOOK FOR LIBRARY

5016753243 2,117.55 (114)BOOK FOR LIBRARY

5016753244 20.64 (1)BOOK FOR LIBRARY

5016762877 293.95 (21)BOOK FOR LIBRARY

5016776452 149.94 (8)BOOK FOR LIBRARY

5016776453 153.52 (4)BOOK FOR LIBRARY

5016776602 49.38 (2)BOOK FOR LIBRARY

5,493.98

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 2 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/29/2021 190877 BLACKSTONE PUBLISHING 1209033 99.83 (3)AUDIO TITLE FOR LIBRY

99.83

03/29/2021 190878 BOUND TREE MEDICAL LLC 83989665 80.00 AMIDATE-FIRE/RESCUE

83989666 15.09 MIDAZOLAM-FIRE/RESCUE

95.09

03/29/2021 190879 ARMANDO CASTANEDA, JR. ACG3024,ISM4011 818.88 TUITION REIMB:ACG3024-AC- COUNTING,ISM4011-MGT INFO

818.88

03/29/2021 190880 CDW GOVERNMENT LLC 8989767 18,250.00 NEW HELP DESK SYSTEM MAINTENANCE - 1 YEAR

9402189 65.59 COPIER MTNCE-FEB 2021 ADMINISTRATION

9402189 140.20 COPIER MTNCE-FEB 2021 JUD CENTER

9451271 500.00 FIXED DOME CAMERA-I.T.

9460426 2,130.84 (10)YR LICENSE TO MANAGE WIRLSS ACCSS PNTS&ANTNNAS

9460426 8,568.54 WIRELESS ACCESS POINTS & ANTENNAS FOR PUBLIC SFTY

29,655.17

03/29/2021 190881 CENGAGE LEARNING INC. 73690392 17.59 (1)BOOK FOR LIBRARY

73690612 106.57 (6)BOOKS FOR LIBRARY

73793175 188.41 (9)BOOK FOR LIBRARY

312.57

03/29/2021 190882 CENTRAL FLORIDA STREET SIGNS 305-302 3,808.50 GUARDRAIL REPAIR CR305 & CR302 - PUBLIC WORKS

3,808.50

03/29/2021 190883 CHRIS OLSEN 111608 4.67 PARKS FEE REFUND-111608 PRINCESS PL CAMP SITE

111608 0.33 PARKS SLSTX REFUND-111608 PRINCESS PL CAMP SITE

5.00

03/29/2021 190884 CINTAS CORPORATION 1901768118 761.95 UNIFORM SHIRTS FOR THE AIRPORT

4079083178 34.54 SHOP TOWEL,FENDER COVER FLEET WEEK END 03/19/21

4079084033 9.63 UNIFORM RNTL W/E 03/19/21 ADMINISTRATION

4079084033 3.91 UNIFORM RNTL W/E 03/19/21 BULL CREEK

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 3 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/29/2021 190884 CINTAS CORPORATION 4079084033 85.82 UNIFORM RNTL W/E 03/19/21 FACILITIES

4079084033 37.69 UNIFORM RNTL W/E 03/19/21 FLEET

4079084033 71.26 UNIFORM RNTL W/E 03/19/21 PARKS

4079084033 16.70 UNIFORM RNTL W/E 03/19/21 PRINCESS PLACE

4079084033 147.33 UNIFORM RNTL W/E 03/19/21 TRANSPORTATION

4079084126 7.80 UNIFORM RNTL W/E 03/19/21 SOLID WASTE

1,176.63

03/29/2021 190885 CITY OF PALM COAST 40818 1,813.53 EMS FUEL USAGE-FEB 2021 FIRE/RESCUE(752.50 GAL)

1,813.53

03/29/2021 190886 CITY OF PALM COAST - UTILITY ASST 342033-43989-2 184.60 UTILITY ASSIST-RO 003188

184.60

03/29/2021 190887 VALERIE J. COHEN REIMB:NOTARY 75.00 REIMB:NOTARY FEES

75.00

03/29/2021 190888 DAVID THOMPSON R417 200.00 PARKS DEPOSIT RFND-R417 PP COTTAGE

200.00

03/29/2021 190889 DEBRA MCCOMBS 111490 100.00 PARKS DEPOSIT RFND-111490 BINGS LANDING

100.00

03/29/2021 190890 DEX IMAGING, INC 5014230948 111.20 COPIER LEASE 3/24-4/23/21 AIRPORT

5014230948 85.96 COPIER LEASE 3/24-4/23/21 BUILDING

5014230948 111.48 COPIER LEASE 3/24-4/23/21 BUNNELL LIBRARY

5014230948 85.96 COPIER LEASE 3/24-4/23/21 CODE ENFORCEMENT

5014230948 111.20 COPIER LEASE 3/24-4/23/21 EMP HEALTH CLINIC

5014230948 111.20 COPIER LEASE 3/24-4/23/21 ENGINEERING

5014230948 1,503.31 COPIER LEASE 3/24-4/23/21 IT DEPT

5014230948 111.48 COPIER LEASE 3/24-4/23/21 LIBRARY

5014230948 111.20 COPIER LEASE 3/24-4/23/21 PLANNING

5014230948 111.20 COPIER LEASE 3/24-4/23/21 TDO

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 4 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description 2,454.19

03/29/2021 190891 DONELLA ROBERTS R418-1 200.00 PARKS DEPOSIT RFND-R418 PP COTTAGE

200.00

03/29/2021 190892 FACERS MBRSHP:FY 20/21 350.00 MEMBERSHIP FEE FOR FAITH ALKHATIB-FY 2021

350.00

03/29/2021 190893 FLAGLER CO BCC BOND-POOLED CK21-115 82,157.92 3/24 DEP INTO BCC OPER CHECKING 03/21 REV SHARE

82,157.92

03/29/2021 190894 FLAGLER CO BCC DISASTER RELIEF FUND CARES LBR QE630 62,368.53 G CARES ACT GRANT-GOVT Q/E 6/30/20-LABOR COSTS

CARES LBR QE630 167,581.40 G CARES ACT GRANT-GOVT Q/E 6/30/20-LABOR EXPENSE

CARES LBR QE930 45,001.94 G CARES ACT GRANT-GOVT Q/E 9/30/20-LABOR COSTS

274,951.87

03/29/2021 190895 FLAGLER CO BCC GENERAL FUND CARES 1ST QE630 1,272,360.02 G CARES ACT GRANT-GOVT Q/E 6/30/20-1ST RESPONDRS

1,272,360.02

03/29/2021 190899 FLAGLER CO BCC POOLED CASH PCARD TXN00106361 425.00 S.NOLAN:NIGP PLANNING & ANALYSIS COURSE

TXN00106376 381.58 BUILDING SUPPLIES PC SHERIFF SUBSTATION

TXN00106376 18.58 TOOL - FACILITIES

TXN00106548 23.90 UNIFORM RNTL W/E 11/20/20 BUILDING

TXN00106548 1.79 UNIFORM RNTL W/E 11/20/20 CODE ENFORCEMENT

TXN00106790 10.26 UNIFORM RNTL W/E 12/04/20 BUILDING

TXN00106790 1.79 UNIFORM RNTL W/E 12/04/20 CODE ENFORCEMENT

TXN00106900 546.00 NYTIMES-RENEWAL LIBRARY 12/15/20 - 12/13/21

TXN00106992 10.26 UNIFORM RNTL W/E 12/11/20 BUILDING

TXN00106992 1.79 UNIFORM RNTL W/E 12/11/20 CODE ENFORCEMENT

TXN00106995 205.11 OFFICE SUPPLIES-LIBRARY

TXN00106998 3.40 CONSTRCTION PAPER-LIBRARY

TXN00107012 108.00 DAIRY ONE COOPERATIV - FORAGE LAD-AGRICULTURE

TXN00107014 12.54 CRAFT SUPPLIES-LIBRARY

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 5 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/29/2021 190899 FLAGLER CO BCC POOLED CASH PCARD TXN00107014 30.55 OFFICE SUPPLIES-LIBRARY

TXN00107015 3.44 CONSTRCTION PAPER-LIBRARY

TXN00107050 10.49 OFFICE SUPPLY - LIBRARY

TXN00107051 (443.86) ORIG TXN102818 PLEXIGLASS FACILITY REPAIRS

TXN00107060 18.54 PAINT ROLLERS-FACILITIES

TXN00107060 10.76 POLYMER-FACILITY REPAIRS

TXN00107061 169.14 OXYGEN FOR ALS RESCUE UNITS-FIRE/RESCUE

TXN00107062 174.00 3B HOME IMPROV - INSTALL GRAB BARS - SR CLIENT

TXN00107062 76.00 3B MATERIAL AID-GRAB BARS FOR SR CLIENT

TXN00107063 26.73 DRINKING WATER DELIVERY - LANDFILL NOV 20

TXN00107064 12.68 OFFICE SUPPLIES- FIRE/RESCUE

TXN00107065 23.73 REPLACEMENT LIGHT BULBS - PARKS

TXN00107066 425.00 VEH REPAIR-FIRE/RES#10491

TXN00107069 (32.00) ORIG TXN107085 CHARGED IN ERROR-FACILITIES

TXN00107070 96.00 VIYNL TRIM - FACILITY REPAIRS

TXN00107071 92.93 HARDWARE - GSB REPAIRS

TXN00107071 3.22 PVC TAPE - GSB

TXN00107072 21.06 CONCRETE MIX-PRINCESS PL PARKS

TXN00107073 124.70 HARDWARE-FACILITY REPAIRS

TXN00107074 9.17 REPLACEMENT WHEEL FOR MOWER - FACILITIES

TXN00107075 254.74 AMAZON-HARD DRIVES STATE ATTORNEY

TXN00107076 72.05 POSTAGE-TDO WINNERS OF PHOTO CONTEST

TXN00107077 6.30 LUMBER - PRINCESS PLACE

TXN00107079 31.58 LUMBER - PARKS

TXN00107079 18.56 PAINT ROLLERS, SAW BLADES -PARKS

TXN00107079 0.34 PAINT TRAY LINER - PARKS

TXN00107080 15.53 EQUIPMENT REPAIR - FLEET

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 6 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/29/2021 190899 FLAGLER CO BCC POOLED CASH PCARD TXN00107081 120.00 SEALANT - FACILITIES

TXN00107084 23.79 LUMBER - FACILITY REPAIRS

TXN00107084 30.70 MARKERS,KNEELING PAD,TAPE TRUCK 9341-FACILITIES

TXN00107084 104.88 TOOLS TRUCK 9341 FACILITIES

TXN00107085 32.00 SEE CR TXN107069 CHARGED IN ERROR-FACILITIES

TXN00107086 100.00 MMBRSHP-2021 FL.EMERGENCY PRPRDNSS ASSN-R.SIMPSON

TXN00107087 295.00 F.ALKHATIB,ASCE&FL DUESas RNWL 1/01/21-12/31/21

TXN00107088 9.98 ELECTRICL TAPE-FACILITIES

TXN00107088 117.90 HARDWARE,CABLE WIRE FACILITY REPAIRS

TXN00107089 78.84 AMAZON-HARD DRIVES STATE ATTORNEY

TXN00107090 46.78 VEH REPAIR-FCSO #5641

TXN00107091 48.60 VEH REPAIR-FCSO #6430

TXN00107092 20.16 PAINT FOR FIREFLIGHT FLIGHT OPS

TXN00107099 43.28 EQUIP REPAIR-PARKS

TXN00107100 159.00 LITHIUM-ION BATTERIES FIRE/RESCUE

TXN00107112 5.10 TOOL - TRUCK 8200 FACILITIES

TXN00107118 633.87 MATS TO PLACE UNDER GYM EQUIPMENT-FIRE/RESCUE

TXN00107128 84.54 COPY PAPER-FACILITIES

TXN00107129 74.99 GRINDER - PW

TXN00107130 269.49 ATT FIRSTNET AIRCARDS FOR EMS,10/26-11/25/20

TXN00107131 (463.99) ORIG TXN107113-HOT WATER PUMP REPLACMNT-FACILITIES

TXN00107132 418.00 FUEL/OIL REMOVAL-AIRPORT

TXN00107133 37.25 HR-BACKGROUND CHECK WELDON SPURLING

TXN00107134 153.58 HVAC PARTS - PC SHERIFF SUBSTATION

TXN00107136 47.94 WINCH - LAND MANAGEMENT

TXN00107137 568.50 PINTEREST ADS-12/13-12/20 HOLIDAYS IN HAMMOCK-TDO

TXN00107138 58.99 EQUIP REPAIR-FCSO PRESSRE WASHER

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 7 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/29/2021 190899 FLAGLER CO BCC POOLED CASH PCARD TXN00107139 44.99 SPEAKER STAND MOUNT-I.T.

TXN00107140 180.79 VEH REPAIR-FIRE/RES #931

TXN00107141 60.90 LAUNDRY SVC-PP COTTAGES 12/18/20

TXN00107142 250.00 VEH REPAIR-FIRE/RES #8257 T-51

TXN00107143 127.62 UNIFORM RNTL W/E 12/18/20 PUBLIC WORKS

TXN00107144 61.08 CONCRETE MIX, ADHESIVE FACILITIES REPAIRS

TXN00107144 13.26 SPRAY FOAM,BUCKET FACILITIES

TXN00107145 13.39 VEH REPAIR-FCSO MISC WASHER

TXN00107146 28.89 VEH REPAIR-PW 1027

TXN00107147 13.32 OFFICE SUPPLIES-BUILDING

TXN00107147 13.32 OFFICE SUPPLIES-CODE ENFORCEMENT

TXN00107147 31.31 OFFICE SUPPLIES-PLANNING

TXN00107148 90.90 ROPE - LAND MANAGEMENT

TXN00107149 28.64 EXPANDING FILE FOLDERS PARKS

TXN00107149 8.99 LARGE BINDER CLIPS-I.T.

TXN00107150 21.36 CORNER BEAD, SANDPAPER PC SHERIFF SUBSTATION

TXN00107151 82.72 DOOR LEVER- DOOR PLATE - PC SHERIFF SUBSTATION

TXN00107152 103.16 SAFETY CABLE KIT FOR FLIGHT OPS

TXN00107154 37.25 HR-BACKGROUND CHECK JONATHAN PERRONE

TXN00107155 9.17 REPLACEMENT HOSE NOZZLE - FACILITIES

TXN00107156 27.89 SCREWS - FACILITY REPAIRS

TXN00107158 924.96 PLUMBING REPAIRS FACILITIES

TXN00107159 35.32 OFFICE SUPPLIES-E-911

TXN00107162 79.89 CARD READER- I.T.

TXN00107163 37.25 HR-BACKGROUND CHECK DWIGHT FULTON

TXN00107164 152.45 WHITEWOOD BOARD,SHEATHING PC SHERIFF SUBSTATION

TXN00107167 9.79 KEY RING TAGS-AIRPORT

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 8 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/29/2021 190899 FLAGLER CO BCC POOLED CASH PCARD TXN00107167 54.14 OFFICE SUPPLIES-AIRPORT

TXN00107168 16.99 VEH REPAIR-PW #9485

TXN00107169 351.98 VEH REPAIR-FCSO #6098

TXN00107170 179.43 END OF YR APPRECIATION LUNCH 12/18 - TDO

TXN00107171 15.98 WIRE,CONCRETE - FACILITY REPAIRS

TXN00107172 100.00 MMBRSHP-2021 FL.EMERGENCY PRPRDNSS ASSN-L.TARDANICO

TXN00107173 35.03 CAD PAPER - BUILDING

TXN00107173 35.03 CAD PAPER-PLANNING

TXN00108619 908.75 CRDT TXN108767 CHARGED IN ERROR - ROAD & BRIDGE

TXN00108628 908.75 CRDY TXN108787 CHARGED IN ERROR - ROAD & BRIDGE

TXN00108646 908.75 (25)ALUMINUM SIGN POSTS - PUBLIC WORKS

TXN00108767 (908.75) ORIG TXN108619 CHARGED IN ERROR - ROAD & BRIDGE

TXN00108768 908.75 CRDT TXN108780 CHARGED IN ERROR - ROAD & BRIDGE

TXN00108769 908.75 CRDT TXN108795 CHARGED IN ERROR - ROAD & BRIDGE

TXN00108780 (908.75) ORIG TXN108768 CHARGED IN ERROR - ROAD & BRIDGE

TXN00108782 (908.75) ORIG TXN108785 CHARGED IN ERROR - ROAD & BRIDGE

TXN00108785 908.75 CRDT TXN108782 CHARGED IN ERROR - ROAD & BRIDGE

TXN00108787 (908.75) ORIG TXN108628 CHARGED IN ERROR - ROAD & BRIDGE

TXN00108795 (908.75) ORIG TXN108769 CHARGED IN ERROR - ROAD & BRIDGE

TXN00108797 908.75 CRDT TXN109087 CHARGED IN ERROR - ROAD & BRIDGE

TXN00109087 (908.75) ORIG TXN108797 CHARGED IN ERROR - ROAD & BRIDGE

10,306.49

03/29/2021 190900 FLAGLER CO CLERK OF CIRCUIT COURT & 4957202103 234.00 RECORDING FEES-EASEMENT FOR 3 PARCELS

234.00

03/29/2021 190901 FLAGLER CO SHERIFF OFFICE APR 21 BUDGET 77,393.25 BUDGET DUE-APRIL 2021 BAILIFF

APR 21 BUDGET 383,947.58 BUDGET DUE-APRIL 2021 JAIL

APR 21 BUDGET 1,763,709.83 BUDGET DUE-APRIL 2021 LAW

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 9 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description 2,225,050.66

03/29/2021 190902 FLAGLER CO SUPERVISOR OF ELECTIONS FY21 REQUEST#07 76,415.44 ADMIN/VOTER REGISTRATION APRIL 2021

FY21 REQUEST#07 40,166.12 ELECTIONS APRIL 2021

116,581.56

03/29/2021 190903 FLORIDA COMBINED LIFE APR 2021 3,467.50 APRIL 2021 DENTAL ADMIN FEES

3,467.50

03/29/2021 190904 FLORIDA POWER & LIGHT COMPANY-ASSIS 52234-26098-6 422.35 UTILITY ASSISTANCE

422.35

03/29/2021 190905 GA FOOD SERVICES OF PINELLAS COUNTY SI000701319 7,186.50 SNR SVC MEAL PRGRM WCKLNE SNR CNTR,3/17-3/30/21

7,186.50

03/29/2021 190906 GEORGE ALEXANDER 108821 100.00 PARKS DEPOSIT RFND-108821 HAMMOCK CC

100.00

03/29/2021 190907 GRAFT, INC 652338 395.00 WEB PACKAGE ONLY-TDO MARCH 2021

395.00

03/29/2021 190908 GUSTAVO GUZMAN 112699 100.00 PARKS DEPOSIT RFND-112699 PPP OPEN FIELD

100.00

03/29/2021 190909 HALL'S WAY LLC 2021-2 TTL 3B 1,328.20 HMK-FEB 2021

2021-2/2 ADI 691.58 RESP-FEB 2021

2021-2/2 CCE 1,199.96 HMK-FEB 2021

2021-2/2 CCE 41.22 PC-FEB 2021

2021-2B TTL 3E 499.22 RESP-FEB 2021

3,760.18

03/29/2021 190910 JAKE AND BAYLEE SCHROEDER 111555 100.00 PARKS DEPOSIT RFND-111555 PPP WEDDING SITE

100.00

03/29/2021 190911 JILLENE HAMILLWILSON 112726 14.02 PARKS FEE REFUND-112726 PRINCESS PL CAMP SITE

112726 0.98 PARKS SLSTX REFUND-112726 PRINCESS PL CAMP SITE

15.00

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 10 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/29/2021 190912 LIFE SCAN WELLNESS CENTERS 2021FCFR 43,660.00 WELLNSS EXAMS,X-RAYS,HEPC FOR FIRE/RESC 10/13-10/27

43,660.00

03/29/2021 190913 LISA PLANTIER 111641 100.00 PARKS DEPOSIT RFND-111641 BINGS LANDING PAV.

111641 18.69 PARKS FEE REFUND-111641 BINGS LANDING PAV.

111641 1.31 PARKS SLSTX REFUND-111641 BINGS LANDING PAV.

120.00

03/29/2021 190914 MANPOWER US, INC. 35765176 1,503.08 TEMP HELP WEEK END 3/7/21 CALL CENTER - COVID

1,503.08

03/29/2021 190915 MARKS GRAY, P.A. 110558 2,100.00 PROF SVCS:EMPLOYMENT LAW 1/05/21-2/26/21

2,100.00

03/29/2021 190916 MCKESSON MEDICAL-SURGICAL INC 21439988 52.63 DIGITAL MONITOR HEALTH CLINIC

21451824 414.79 EPINEPHRNE-HEALTH CLINIC

21451824 0.20 METER KIT-HEALTH CLINIC

21838903 190.20 EXAM GLOVES-HEALTH CLINIC

21850270 47.72 EXAM GLOVES-HEALTH CLINIC

22019598 28.58 LIDOCAINE-HEALTH CLINIC

22035859 15.06 SALINE FLUSH CLEANSER HEALTH CLINIC

22039443 18.74 CEFTRIAXONE-HEALTH CLINIC

22039443 225.23 DIGITAL MONITOR,BANDAGES HEALTH CLINIC

22039443 52.64 EAR WASHER,SUTURE REMOVAL HEALTH CLINIC

22039932 120.54 BAGS,GROCERY-HEALTH CLINIC

22128699 39.82 LIDOCAINE-HEALTH CLINIC

1,206.15

03/29/2021 190917 MCKINNON & MCKINNON, P.A. 032967 5,832.50 PROF SVCS:OLD DIXIE HWY MOTEL,2/01/21-2/28/21

5,832.50

03/29/2021 190918 MEMORY WILKS 111631 100.00 PARKS DEPOSIT RFND-111631 HIDDEN TRAILS CC

100.00

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 11 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/29/2021 190919 MIDWEST TAPE, LLC 500114028 39.99 (1)BOOK FOR LIBRARY

39.99

03/29/2021 190920 MORGAN JIMENEZ 112770 100.00 PARKS DEPOSIT RFND-112770 PRINCESS PL.PICNIC AREA

112770 93.46 PARKS FEE REFUND-112770 PRINCESS PL.PICNIC AREA

112770 6.54 PARKS SLSTX REFUND-112770 PRINCESS PL.PICNIC AREA

200.00

03/29/2021 190921 PAUL BOHNENKAMPER 112744 100.00 PARKS DEPOSIT RFND-112744 PRINCESS PL PRESERVE

100.00

03/29/2021 190922 RONIKA GARDNER 111366 100.00 PARKS DEPOSIT RFND-111366 ESPANOLA CC

100.00

03/29/2021 190923 SECURITY AND FIRE ELECTRONICS, INC. SP-3733 576.09 RPR ON BACKFLOW PREVENTOR @ FIRE STA# 62

SP-3792 283.60 REPAIR FIRE ALARM PANEL @ EOC

SP-3793 75.75 FIRE SPRINKLER INSPCTIONS GSB

SP-3793 75.75 FIRE SPRINKLER INSPCTIONS JUD.CENTER

SP-3800 92.00 FIRE SPRINKLER INSPCTIONS EXTENSIONS SERVICES

SP-3801 108.00 FIRE SPRINKLER INSPCTIONS BAPTIST ACADEMY

SP-3802 108.00 FIRE SPRINKLER INSPCTIONS EOC

SP-3803 218.00 FIRE SPRINKLER INSPCTIONS GSB

SP-3804 108.00 FIRE SPRINKLER INSPCTIONS INMATE FACILITY-FEMALE

SP-3805 108.00 FIRE SPRINKLER INSPCTIONS INMATE FACILITY-MALE

SP-3806 92.00 FIRE SPRINKLER INSPCTIONS LIBRARY

SP-3807 427.75 FIRE SPRINKLER INSPCTIONS JUD.CENTER

2,272.94

03/29/2021 190924 LEROY W. SIEGER JR. 02/25/21 129.92 MILEAGE REIMB:CFASPP EVNT @VALKARIA AIRPORT-2/25/21

129.92

03/29/2021 190927 STATE OF FLORIDA 2R-0657 18.52 LOCAL PHONE SVC-JAN 2021 TAX COLLECTOR

2R-0658 18.52 LOCAL PHONE SVC-JAN 2021 COUNTY JUDGE

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 12 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/29/2021 190927 STATE OF FLORIDA 2R-0659 0.03 TOLL FREE-800 SVC-JAN 21 COUNTY JUDGE

2R-0660 111.12 LOCAL PHONE SVC-JAN 2021 COUNTY JUDGE

2R-0661 3.50 L/D PHONE SVC-JAN 2021 COUNTY JUDGE

2R-0662 18.52 LOCAL PHONE SVC-JAN 2021 COUNTY JUDGE

2R-0663 18.52 LOCAL PHONE SVC-JAN 2021 PUBLIC DEFENDER

2R-0664 0.65 L/D PHONE SVC-JAN 2021 PUBLIC DEFENDER

2R-0665 166.68 LOCAL PHONE SVC-JAN 2021 SUPERVISOR OF ELECTIONS

2R-0666 71.50 LOCAL PHONE SVC-JAN 2021 AG EXTENSION

2R-0667 18.52 LOCAL PHONE SVC-JAN 2021 GEN SRVCS-FLEET

2R-0668 74.08 LOCAL PHONE SVC-JAN 2021 FIRE RESCUE

2R-0669 17.48 LOCAL PHONE SVC-JAN 2021 FIRE RESCUE

2R-0670 333.36 LOCAL PHONE SVC-JAN 2021 GEN SRVCS-FACILITIES

2R-0671 314.84 LOCAL PHONE SVC-JAN 2021 AIRPORT

2R-0672 42.73 DSL INTERNET CONNECTIVITY AIRPORT JAN 2021

2R-0672 14.59 L/D PHONE SVC-JAN 2021 AIRPORT

2R-0673 37.04 LOCAL PHONE SVC-JAN 2021 GEN SRVCS-FACILITIES

2R-0674 18.52 LOCAL PHONE SVC-JAN 2021 GEN SRVCS-FACILITIES

2R-0675 294.50 LOCAL PHONE SVC-JAN 2021 PARKS AND REC

2R-0676 32.80 DSL INTERNET CONNECTIVITY PARKS&REC AH8-JAN 2021

2R-0676 8.22 L/D PHONE SVC-JAN 2021 PARKS & REC-AH8

2R-0677 150.41 LOCAL PHONE SVC-JAN 2021 COMMUNITY SERVICES

2R-0678 3.20 L/D PHONE SVC-JAN 2021 COMMUNITY SERVICES

2R-0679 35.22 LOCAL PHONE SVC-JAN 2021 E-911

2R-0680 0.11 L/D PHONE SVC-JAN 2021 E-911

2R-0681 92.60 LOCAL PHONE SVC-JAN 2021 LIBRARY-PALM COAST

2R-0682 129.64 LOCAL PHONE SVC-JAN 2021 CIRCUIT JUDGE

2R-0683 0.14 L/D PHONE SVC-JAN 2021 SOLID WASTE-LANDFILL

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 13 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/29/2021 190927 STATE OF FLORIDA 2R-0684 37.04 LOCAL PHONE SVC-JAN 2021 SOLID WASTE-LANDFILL

2R-0685 0.28 L/D PHONE SVC-JAN 2021 SOLID WASTE-LANDFILL

2R-0686 37.04 LOCAL PHONE SVC-JAN 2021 PPP VISITOR CENTER

2R-0687 18.52 LOCAL PHONE SVC-JAN 2021 E-911

2R-0688 18.52 LOCAL PHONE SVC-JAN 2021 NETWORKING LINES

2R-0689 0.23 L/D PHONE SVC-JAN 2021 NETWORKING LINES

2R-0690 18.52 LOCAL PHONE SVC-JAN 2021 GS-FACILITIES-TEMP UT

2R-0691 37.04 LOCAL PHONE SVC-JAN 2021 GS-FACILITIES-TEMP UT

2R-0692 0.55 L/D PHONE SVC-JAN 2021 GS-FACILITIES-TEMP UT

2R-0693 36.13 LOCAL PHONE SVC-JAN 2021 EM

2R-0694 37.04 LOCAL PHONE SVC-JAN 2021 GEN SRVCS-FACIL.BL8B

2R-0695 1.25 L/D PHONE SVC-JAN 2021 GS-FACILITIES-BL8B

2R-0696 18.52 LOCAL PHONE SVC-JAN 2021 TDO-AH8QB50

2R-0697 55.56 LOCAL PHONE SVC-JAN 2021 GS-FACIL-AIRPORT QB8B

2R-0698 1,376.41 FRAME RELAY-NTWK CIRCUIT PUBLIC DEFENDER JAN 2021

2R-7628 25.03 LOCAL PHONE SVC-FEB 2021 TAX COLLECTOR

2R-7629 25.03 LOCAL PHONE SVC-FEB 2021 COUNTY JUDGE

2R-7630 0.02 TOLL FREE 800SVC-FEB 2021 COUNTY JUDGE

2R-7631 150.18 LOCAL PHONE SVC-FEB 2021 COUNTY JUDGE

2R-7632 2.88 L/D PHONE SVC-FEB 2021 COUNTY JUDGE

2R-7633 25.03 LOCAL PHONE SVC-FEB 2021 COUNTY JUDGE

2R-7634 25.03 LOCAL PHONE SVC-FEB 2021 PUBLIC DEFENDER

2R-7635 3.43 L/D PHONE SVC-FEB 2021 PUBLIC DEFENDER

2R-7636 225.27 LOCAL PHONE SVC-FEB 2021 SUPERVISOR OF ELECTIONS

2R-7637 90.84 LOCAL PHONE SVC-FEB 2021 AG EXTENSION

2R-7638 25.03 LOCAL PHONE SVC-FEB 2021 GEN SRVCS-FLEET

2R-7639 100.12 LOCAL PHONE SVC-FEB 2021 FIRE/RESCUE

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 14 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/29/2021 190927 STATE OF FLORIDA 2R-7640 20.94 LOCAL PHONE SVC-FEB 2021 FIRE/RESCUE

2R-7641 450.54 LOCAL PHONE SVC-FEB 2021 GEN SRVCS-FACILITIES

2R-7642 425.51 LOCAL PHONE SVC-FEB 2021 AIRPORT

2R-7643 42.73 DSL-INTERNET CONNECTIVITY AIRPORT FEB 2021

2R-7643 19.59 L/D PHONE SVC-FEB 2021 AIRPORT

2R-7644 50.06 LOCAL PHONE SVC-FEB 2021 GEN SRVCS-FACILITIES

2R-7645 25.03 LOCAL PHONE SVC-FEB 2021 GEN SRVCS-FACILITIES

2R-7646 398.27 LOCAL PHONE SVC-FEB 2021 PARKS AND RECREATION

2R-7647 32.80 DSL-INTERNET CONNECTIVITY PARKS & REC-AH8

2R-7647 6.34 L/D PHONE SVC-FEB 2021 PARKS & REC-AH8

2R-7648 202.49 LOCAL PHONE SVC-FEB 2021 COMMUNITY SERVICES

2R-7649 1.11 L/D PHONE SVC-FEB 2021 COMMUNITY SERVICES

2R-7650 47.85 LOCAL PHONE SVC-FEB 2021 E-911

2R-7651 0.05 L/D PHONE SVC-FEB 2021 E-911

2R-7652 125.15 LOCAL PHONE SVC-FEB 2021 LIBRARY-PALM COAST

2R-7653 175.21 LOCAL PHONE SVC-FEB 2021 CIRCUIT JUDGE

2R-7654 0.06 L/D PHONE SVC-FEB 2021 CIRCUIT JUDGE

2R-7655 50.06 LOCAL PHONE SVC-FEB 2021 SOLID WASTE-LANDFILL

2R-7656 0.28 L/D PHONE SVC-FEB 2021 SOLID WASTE-LANDFILL

2R-7657 0.03 L/D PHONE SVC-FEB 2021 SOLID WASTE-LANDFILL

2R-7658 50.06 LOCAL PHONE SVC-FEB 2021 PPP-VISITOR CENTER

2R-7659 25.03 LOCAL PHONE SVC-FEB 2021 E-911

2R-7660 25.03 LOCAL PHONE SVC-FEB 2021 NETWORKING LINES

2R-7661 25.03 LOCAL PHONE SVC-FEB 2021 GS-FACILITIES-TEMP UT

2R-7662 50.06 LOCAL PHONE SVC-FEB 2021 GS-FACILITIES-TEMP UT

2R-7663 0.65 L/D PHONE SVC-FEB 2021 GS-FACILITIES-TEMP UT

2R-7664 48.96 LOCAL PHONE SVC-FEB 2021 EMERGENCY MGMT

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 15 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/29/2021 190927 STATE OF FLORIDA 2R-7665 50.06 LOCAL PHONE SVC-FEB 2021 GS-FACILITIES-BL8B

2R-7666 1.39 L/D PHONE SVC-FEB 2021 GS-FACILITIES-BL8B

2R-7667 25.03 LOCAL PHONE SVC-FEB 2021 TDO-AH8QB50

2R-7668 75.09 LOCAL PHONE SVC-FEB 2021 GS-FACIL-AIRPORT-QB8B

2R-7669 1,376.41 FRAME RELAY-NETWK CIRCUIT PUBLIC DEFENDER FEB 2021

8,263.00

03/29/2021 190928 STONEFLY, INC. 18967 32,065.47 DISASTER RCVRY HARDWARE APPLIANCE FOR IT

18967 15,153.53 DISASTER RCVRY HARDWARE SILVR SPPRT SVC-(7)YEARS

18967 1,000.00 DISASTER RCVRY HARDWARE TRNG,CONFIG,TESTNG,INSTLL

48,219.00

03/29/2021 190929 SUNBELT RENTALS INC. 110555599-0001 4,705.20 MANLIFT RENTAL 2/22-3/21 PARKS - BALL FIELS

4,705.20

03/29/2021 190930 TEN-8 FIRE EQUIPMENT, INC IN889484 124.72 SWITCH FOOT SPST PO NUM 028425

124.72

03/29/2021 190931 THOMAS SAVONE 111380 100.00 PARKS DEPOSIT RFND-111380 HERSCHEL KING PARK PAV

100.00

03/29/2021 190932 TYLER TECHNOLOGIES, INC 045-333571 1,275.00 IMPLEMENTATION,3/12 RYAN LEES

1,275.00

03/29/2021 190933 VILLAGE KEY AND ALARM 334917 29.25 FIRE ALARM MONITORING AIRPORT CONTROL TOWER

334918 29.25 FIRE ALARM MONITORING AIRPORT DELTA HANGER

334919 29.25 FIRE ALARM MONITORING AIRPORT EAST HANGER

334920 29.25 FIRE ALARM MONITORING AIRPORT CORP CENTER

371479 150.00 2021 ANNUAL FIRE INSPECT. PUBLIC WORKS BLDG #5

391424 409.96 REPAIR DUCT DETECTORS @SHERIFF SUB STATION

391431 145.00 2021 ANNUAL FIRE INSPECT. BAPTIST ACADEMY

391432 120.00 2021 ANNUAL FIRE INSPECT. LIBRARY

391433 90.00 2021 ANNUAL FIRE INSPECT. DAVID SIEGEL CENTER

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 16 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/29/2021 190933 VILLAGE KEY AND ALARM 391434 70.00 2021 ANNUAL FIRE INSPECT. GSB

391434 70.00 2021 ANNUAL FIRE INSPECT. JUD.CENTER

391435 100.00 2021 ANNUAL FIRE INSPECT. SHERIFFS OPS CENTER

391436 75.00 2021 ANNUAL FIRE INSPECT. EXTENSION SERVICES

391457 90.00 2021 ANNUAL FIRE INSPECT. CIVIC CENTER

391458 90.00 2021 ANNUAL FIRE INSPECT. EOC

391459 699.00 2021 ANNUAL FIRE INSPECT. JUD.CENTER

391460 450.00 2021 ANNUAL FIRE INSPECT. GSB

391477 125.00 2021 ANNUAL FIRE INSPECT. INMATE FACILITY-FEMALE

391478 145.00 2021 ANNUAL FIRE INSPECT. INMATE FACILITY-MALE

391485 120.00 2021 ANNUAL FIRE INSPECT. PRINCESS PLACE PRESERVE

391501 146.54 2021 FIRE INSPECTN RPRS JUD.CENTER

391502 116.24 2021 FIRE INSPECTN RPRS EXTENSION SERVICES

391503 111.24 2021 FIRE INSPECTN RPRS BAPTIST ACADEMY

391504 41.25 2021 FIRE INSPECTN RPRS GSB

391504 41.25 2021 FIRE INSPECTN RPRS JUD.CENTER

391505 89.99 2021 FIRE INSPECTN RPRS DAVID SIEGEL CENTER

391506 94.99 2021 FIRE INSPECTN RPRS GSB

391507 129.98 2021 FIRE INSPECTN RPRS INMATE FACILITY-FEMALE

391508 477.48 2021 FIRE INSPECTN RPRS INMATE FACILITY-MALE

4,314.92

03/29/2021 190934 VIRGINIA OSMELOSKI 111477 14.02 PARKS FEE REFUND-111477 PRINCESS PL.CAMP SITE

111477 0.98 PARKS SLSTX REFUND-111477 PRINCESS PL.CAMP SITE

15.00

03/29/2021 190935 WHITNEY DELASK 112722 4.67 PARKS FEE REFUND-112722 PRINCESS PL.EQUESTRIAN

112722 0.33 PARKS SLSTX REFUND-112722 PRINCESS PL.EQUESTRIAN

5.00

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 17 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/29/2021 190936 DONALD SILL 110056 589.29 PARKS FEE REFUND-110056 BULL CREEK RV CAMPSITE 09

110056 589.29 PARKS FEE REFUND-110056 BULL CREEK RV CAMPSITE 10

110056 70.71 PARKS SLSTX REFUND-110056 BULL CREEK RV CAMPSITE 09

110056 70.71 PARKS SLSTX REFUND-110056 BULL CREEK RV CAMPSITE 10

1,320.00

03/30/2021 190937 ARLINE GARCIA 6438 1,000.00 G CARES ACT GRANT FY20-IND MAX

1,000.00

03/30/2021 190938 CHARLES CAMPBELL 6246 1,000.00 G CARES ACT GRANT FY20-IND MAX

1,000.00

03/30/2021 190939 COREY BLACK 3321 1,000.00 G CARES ACT GRANT FY20-IND MAX

1,000.00

03/30/2021 190940 GERALDINE THURSBY 3312 914.00 G CARES ACT GRANT FY20-IND PARTIAL

914.00

03/30/2021 190941 TOVIA HOUSE 6082 1,000.00 G CARES ACT GRANT FY20-IND MAX

1,000.00

03/30/2021 190942 BANK OF AMERICA - COMM.LOAN 0F8EPXNN56 25,537.49 COMM.LOAN PRINC.PYMT AIR- PORT NTE OBLIG#331-APR 21

25,537.49

03/29/2021 314189 FLAGLER CDS, INC. 157420 9,945.00 LAND CLEARING 2/22-2/26 FCSO NEW OPS CENTER

157460 10,790.00 LAND CLEARING 03/01-03/05 FCSO NEW OPS CENTER

157482 10,855.00 LAND CLEARING 03/08-03/12 FCSO NEW OPS CENTER

31,590.00

03/29/2021 314190 FLAGLER CO SHERIFF OFFICE APR 21 BUDGET 250,000.00 BUDGET DUE-APRIL 2021 JAIL

250,000.00

03/29/2021 314191 SUNBELT RENTALS INC. 110445277-0001 6,354.70 EXCAVATOR RNTL 02/17-3/16 FCSO OPS CENTER

6,354.70

03/29/2021 322204 THE BANK OF NEW YORK MELLON 252-2368118 825.00 GEN OBLIG REF.BONDS SER15 PAY AGNT,4/29/21-4/28/22

825.00

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 18 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/30/2021 322205 BANK OF AMERICA - COMM.LOAN 1P6EPVTB71 4,194.18 FDOT GRNT ANTICPTN NOTE SER2020 FEES-DUE 3/31

1P6EPVTB71 496.14 FDOT GRNT ANTICPTN NOTE SER2020 INTEREST-DUE 3/31

4,690.32

03/29/2021 333478 FLAGLER CO BCC POOLED CASH FUNDS CK21-114 1,026.59 TO FUND PAYROLL WEEK OF 03/26/2021

1,026.59

03/24/2021 9210373 EXPRESS TAX - TTL WIRE WTO21-398 90,618.07 TTL WIRE WEEK OF 03/26/21

90,618.07

03/24/2021 9210374 P&A ADMINISTRATIVE SERVICES, INC WTO21-399 157.46 P & A FLEXIBLE SPENDING 03/24/2021

157.46

03/25/2021 9210375 P&A ADMINISTRATIVE SERVICES, INC WTO21-400 238.36 P & A FLEXIBLE SPENDING 3/25/2021

238.36

03/26/2021 9210376 NATIONWIDE RETIREMENT SOLUTIONS INC WTO21-401 8,892.38 NATIONWIDE RETIREMNT WIRE WEEK OF 3/26/21

8,892.38

03/26/2021 9210377 EXPERT PAY - CHILD SUPPORT WIRE WTO21-402 735.59 CHILD SUPPORT WIRE TO FLSDU WEEK OF 3/26/2021

735.59

03/26/2021 9210378 P&A ADMINISTRATIVE SERVICES, INC WTO21-403 63.00 P & A FLEXIBLE SPENDING 3/26/2021

63.00

03/29/2021 9210379 BLUE CROSS BLUE SHIELD-CLAIMS WTO21-404 360,370.70 FEB 2021 MONTHLY HEALTH INSURANCE CLAIMS

360,370.70

03/29/2021 9210380 P&A ADMINISTRATIVE SERVICES, INC WTO21-405 152.31 P & A FLEXIBLE SPENDING 3/29/2021

152.31

03/29/2021 9210381 P&A ADMINISTRATIVE SERVICES, INC WTO21-406 101.87 P & A FLEXIBLE SPENDING 3/29/2021

101.87

03/30/2021 9210382 EXPRESS TAX - TTL WIRE WTO21-407 91,009.41 TTL WIRE WEEK OF 4/01/21

91,009.41

03/30/2021 9210383 P&A ADMINISTRATIVE SERVICES, INC WTO21-408 96.81 P & A FLEXIBLE SPENDING 3/30/2021

96.81

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 19 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/01/2021 Invoices Processed for week ending 03/26/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

03/30/2021 9210384 P&A ADMINISTRATIVE SERVICES, INC WTO21-409 93.37 P & A FLEXIBLE SPENDING 3/30/2021

93.37 Total 5,149,140.43

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 20 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021 Item 06a(2)

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/01/2021 190943 AFLAC PREMIUM HOLDING 20210312 1,422.25 PAYROLL SUMMARY

20210319 1,422.25 PAYROLL SUMMARY

20210326 1,406.20 PAYROLL SUMMARY

20210401 1,447.30 PAYROLL SUMMARY

5,698.00

04/01/2021 190944 FCBCC GROUP BENEFITS (P/R) 20210401 283,647.27 PAYROLL SUMMARY

283,647.27

04/01/2021 190945 FCBCC GROUP BENEFITS FLEX PLAN 20210401 1,510.29 PAYROLL SUMMARY

1,510.29

04/01/2021 190946 FLAGLER COUNTY COCC (P/R) 20210401 18.00 PAYROLL SUMMARY

18.00

04/01/2021 190947 UNITED WAY OF VOLUSIA-FLAGLER, INC 20210401 2.00 PAYROLL SUMMARY

2.00

04/05/2021 190948 AETNA LIFE INSURANCE COMPANY H9085587 5,547.69 APR 2021 ACTIVE EE VISION

H9085588 24.89 APR 2021 COBRA VISION

H9085589 471.22 APR 2021 RETIREE VISION

6,043.80

04/05/2021 190949 AMERICAN HEALTH ASSOCIATES, INC 26985492 143.28 SS INDIGNT HLTH-RO 011179

26997526 10.56 SS INDIGNT HLTH-RO 011199

153.84

04/05/2021 190950 AMERICAN TOWER INC 3566041 8,658.42 TOWER SITE RNTL FEE-APR21 MARINELND&J.ANDRSN HWY FB

8,658.42

04/05/2021 190951 ARGOS READY MIX, LLC 92286527 1,387.13 CONCRETE-3/23/21

92289591 500.75 CONCRETE FOR 2 SUNNY RD ORMOND BCH-PW ROADS

1,887.88

04/05/2021 190952 AT&T M01-5331 0321 5,446.00 ENHANCED E-911 03/16/21-04/15/21

5,446.00

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 1 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/05/2021 190953 ATLANTIC DRAFTING & SURVEYING, INC. 1440 1,485.00 PROF SVC:TOPOGRAPHC SRVEY PART OF PAMELA PWKY

1,485.00

04/05/2021 190954 AUTO PLUS AUTO PARTS 650041115 12.48 DIELECTRIC TUNEUP PO NUM 027970

650041115 880.52 FILTERS,DISC BRAKES PO NUM 027970

650041327 23.20 AIR FILTER PANELS PO NUM 027970

650042344 51.04 AIR FILTERS PO NUM 027970

967.24

04/05/2021 190955 BAKER & TAYLOR, INC 5016779999 149.93 (4)BOOKS FOR LIBRARY

5016780015 46.77 (3)BOOKS FOR LIBRARY

5016780016 73.63 (7)BOOKS FOR LIBRARY

5016780017 157.83 (11)BOOKS FOR LIBRARY

5016780018 209.02 (14)BOOKS FOR LIBRARY

5016780019 101.51 (7)BOOKS FOR LIBRARY

5016780020 106.21 (8)BOOKS FOR LIBRARY

5016781556 53.08 (1)BOOK FOR LIBRARY

5016783043 30.72 (2)BOOKS FOR LIBRARY

5016783044 775.53 (43)BOOKS FOR LIBRARY

5016783045 141.53 (1)BOOK FOR LIBRARY

5016783046 19.47 (2)BOOKS FOR LIBRARY

5016783047 49.25 (2)BOOKS FOR LIBRARY

5016796383 229.36 (12)BOOKS FOR LIBRARY

5016796384 20.22 (1)BOOK FOR LIBRARY

2,164.06

04/05/2021 190956 BLACKSTONE PUBLISHING 1210241 303.41 (9)AUDIO TITLE FOR LIBRY

303.41

04/05/2021 190957 BMI SYSTEMS GROUP 0121217 1,580.00 PHONE SUPPRT/MAINT FOR ASSETTRAK ARS&MUNIS V2

1,580.00

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 2 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/05/2021 190958 BOBCAT OF JACKSONVILLE LLC 01-99268 180.24 FILTERS PO NUM 028449

180.24

04/05/2021 190959 BOULEVARD TIRE CENTER 27-GS89772 4,231.08 MISC BSTONE&FSTONE TIRES PO NUM 027971

4,231.08

04/05/2021 190960 BOUND TREE MEDICAL LLC 83984786 7,217.27 MED SUPPLIES FOR FIRE/RES PO NUM 027972

83986308 386.10 MED SUPPLY FOR FIRE/RESC PO NUM 027972

83989664 73.50 MED SUPPLY FOR FIRE/RESC PO NUM 027972

83989667 1,419.08 MED SUPPLIES FOR FIRE/RES PO NUM 027972

83991213 768.00 MED SUPPLY FOR FIRE/RESC PO NUM 027972

83997773 1,107.60 MED SUPPLY FOR FIRE/RESC PO NUM 027972

10,971.55

04/05/2021 190961 BOZARD FORD 190233 28,054.00 G 2021 FORD TRANSIT VAN VIN#1FTBR1C84MKA19862

28,054.00

04/05/2021 190962 BUNNELL PHARMACY, INC M011150 39.77 SS INDIGNT HLTH-RO 011150

M011168 101.34 SS INDIGNT HLTH-RO 011168

M011169 56.82 SS INDIGNT HLTH-RO 011169

M011180 68.87 SS INDIGNT HLTH-RO 011180

M011185 36.29 SS INDIGNT HLTH-RO 011185

M011186 322.61 SS INDIGNT HLTH-RO 011186

M011188 22.12 SS INDIGNT HLTH-RO 011188

M011194 85.45 SS INDIGNT HLTH-RO 011194

M011201 127.16 SS INDIGNT HLTH-RO 011201

M011218 46.87 SS INDIGNT HLTH-RO 011218

907.30

04/05/2021 190963 CARDIOVASCULAR CONSULTANTS 1124-11 196.41 SS INDIGNT HLTH-RO 011139

1124-12 144.50 SS INDIGNT HLTH-RO 011187

49672-2 144.50 SS INDIGNT HLTH-RO 011133

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 3 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description 485.41

04/05/2021 190964 CDW GOVERNMENT LLC 9641316 910.00 CAMERA MOUNTING BRACKETS

910.00

04/05/2021 190965 CELICO AUTO BODY, INC. 6788498 2,717.90 FCSO VEH 6625 RPR

2,717.90

04/05/2021 190966 CENGAGE LEARNING INC. 73871554 38.35 (2)BOOKS FOR LIBRARY

38.35

04/05/2021 190967 CHANGE HEALTHCARE 7003975147 12,836.50 EMS AMBULANCE BILLING FEBRUARY 2021

12,836.50

04/05/2021 190968 CINTAS CORPORATION 4079083240 6.76 UNIFORM RNTL W/E 3/19/21 PURCHASING

4079744336 34.54 SHOP TOWEL,FENDER COVER FLEET WEEK END 03/26/21

4079745122 9.63 UNIFORM RNTL W/E 03/26/21 ADMINISTRATION

4079745122 3.91 UNIFORM RNTL W/E 03/26/21 BULL CREEK

4079745122 85.82 UNIFORM RNTL W/E 03/26/21 FACILITIES

4079745122 37.69 UNIFORM RNTL W/E 03/26/21 FLEET

4079745122 71.26 UNIFORM RNTL W/E 03/26/21 PARKS

4079745122 16.70 UNIFORM RNTL W/E 03/26/21 PRINCESS PLACE

4079745122 147.33 UNIFORM RNTL W/E 03/26/21 TRANSPORTATION

4079745144 7.80 UNIFORM RNTL W/E 03/26/21 SOLID WASTE

421.44

04/05/2021 190969 CIRCLE OF HEALTH FAMILY PRACTICE,LL 11133 169.08 SS INDIGNT HLTH-RO 011203

169.08

04/05/2021 190970 CITY OF BUNNELL - WATER 01-0270-01 0321 407.64 1769 E MOODY BLDG #3-EOC 01/28/21-02/27/21

407.64

04/05/2021 190971 CITY OF PALM COAST -UTILITY DEPT 19097 0321 127.21 FCSO@14 PALM HARBOR VILLG 02/12/21-03/15/21

19521 0221 64.34 HAMMOCK COMMUNITY CENTER 02/11/21-03/12/21

19531 0221 50.91 MALACOMPRA PARK 02/11/21-03/12/21

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 4 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/05/2021 190971 CITY OF PALM COAST -UTILITY DEPT 19958 0221 25.10 BINGS WATCHMAN RESIDENCE 02/11/21-03/12/21

19960 0221 105.70 BINGS RESTROOM AREA 02/11/21-03/12/21

25093 0221 1,267.46 FC PUBLIC LIBRARY 02/11/21-03/12/21

45015 0221 45.68 H.C.KING PARK 02/12/21-03/15/21

77968 0221 65.38 LEHIGH TRAILS 02/12/21-03/15/21

80604 0221 299.88 30 BAY DR 02/11/21-03/12/21

2,051.66

04/05/2021 190972 COASTAL CABINETS, INC. 16104 22,695.00 CABINETRY FOR SHERIFF SUB STATION

22,695.00

04/05/2021 190973 CUMBERLAND INTERERNATIONAL TRUCKS 05P24870 268.50 COOLANT PO NUM 028000

05P24870 419.16 SHOP TOWELS PO NUM 028000

05P24883 59.88 SHOP TOWELS PO NUM 028000

747.54

04/05/2021 190974 CYCLEHERE MEDIA LLC 2021-03-121 3,500.00 SM BUS.PROFILE-MOONRISE BREWING,BURRITO WORKS-TDO

3,500.00

04/05/2021 190975 DAUGHENBAUGH, WILLIAM 4001131 325.00 SECURITY DEP.RFND-4001131 AIRPORT T-HANGAR #47

325.00

04/05/2021 190976 DOUG VASSILATOS R167-1 223.21 PARKS FEE REFUND-R167 PP COTTAGE

R167-1 26.79 PARKS SLSTX REFUND-R167 PP COTTAGE

250.00

04/05/2021 190977 EAST CENTRAL FL OUTPATIENT IMAGING 1140296030521 211.61 SS INDIGNT HLTH-RO 011198

211.61

04/05/2021 190978 ELAINE SCHMITT R407 200.00 PARKS DEPOSIT RFND-R407 PP COTTAGE

R407 245.54 PARKS FEE REFUND-R407 PP COTTAGE

R407 29.46 PARKS SLSTX REFUND-R407 PP COTTAGE

475.00

04/05/2021 190979 ENVIRONMENTAL CONTROL SYSTEMS INC 25889 350.00 PUMP/CLEAN TANK@BULLCREEK CAMPGROUND

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 5 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description 350.00

04/05/2021 190980 ENVIRONMENTAL LAND SERVICES OF FC 121394 81.12 C & D 03/25/21 - P.W.

81.12

04/05/2021 190981 FASTENAL COMPANY FLORM46745 162.00 PAINT BRUSHES PO NUM 027974

FLORM46745 110.40 SAFETY GLASSES PO NUM 027974

FLORM46745 128.88 SPRAY PAINT PO NUM 027974

401.28

04/05/2021 190982 FEDERAL EXPRESS CORPORATION 7-317-34813 47.89 SHIP:3/16-D.ANDERSON RETURN EQUIPMNT TO OFFICE

7-317-34813 10.20 SHIP:3/22-FIRE/RES-TEN-8 FIRE EQUIP,BRADENTON,FL

58.09

04/05/2021 190983 FLAGLER BOARD SHACK 123456 2,447.28 16 WETSUITS-FIRE/RESCUE

2,447.28

04/05/2021 190984 FLAGLER COUNTY AIRPORT 5743 115.50 WATER/SWR CHRGS-APR 2021 HELO HANGAR

5743 146.67 WATER/SWR CHRGS-APR 2021 STATION 92

5749 4,062.55 TDO OFF.SPACE RNTL STE 3 & COMMON AREA-APRIL 2021

4,324.72

04/05/2021 190985 FLAGLER CO BCC BOND-POOLED CK21-117 155,868.34 3/29 WRE DEP BCC OPER CKG HLF CENT SALES TAX-2/2021

155,868.34

04/05/2021 190986 FLAGLER CO BCC CPF POOLED FUNDS CK21-116 214,674.95 3/29 WRE DEP BCC OPER CKG 2/21 MONTHLY DISCR SLS TX

214,674.95

04/05/2021 190993 FLAGLER CO BCC POOLED CASH PCARD TXN00106812 75.00 J.SHUPE-FL NENA MRCH 2021 CONF.3/7-3/12,SARASOTA,FL

TXN00106848 350.00 PROMO ADS ON AIRNAV.COM 12/11/20-12/11/21,AIRPORT

TXN00106856 250.65 POWER SUPPLY FOR JUDGES CONTROL SYSTEM

TXN00107009 95.72 VINYL ADHESVIE LABELS FOR ASSET TAGS - I.T.

TXN00107067 1.73 BOLTS-REPAIRS @ THE FAIRROUNDS - PARKS

TXN00107067 132.93 WOOD DOLLY, HAND TRUCK - TRUCK 9341 FACILITIES

TXN00107078 31.63 SAW BLADE SET FIRE/RESCUE

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 6 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/05/2021 190993 FLAGLER CO BCC POOLED CASH PCARD TXN00107082 44.09 EOC OFFICE EQUIPMENT CAM LOCK FOR RV-EM

TXN00107117 259.00 CORDLESS SAW FIRE/RESCUE

TXN00107153 35.96 OFFICE SUPPLIES FACILITIES

TXN00107161 (180.79) SEE CR TXN107165 DUPLCATE CHARGE,SEE TXN107140

TXN00107165 180.79 ORIG TXN107140-DUPLICATE CHARGE,SEE CR TXN107161

TXN00107174 74.39 MICROWAVE - TRANSPORATION

TXN00107175 2.77 KNIFE - TRUCK 10083 FACILITIES

TXN00107175 7.36 SHIMS - FACILITY REPAIRS

TXN00107177 138.55 DISH NTWK#86090649,12/05- 01/04-2604 PRINCESS PL RD

TXN00107178 350.87 VEH REPAIR-FIRE/RES #9681

TXN00107179 213.00 STEP LADDER - TRUCK 9341 FACILITIES

TXN00107180 6.00 GASOLINE FOR EQUIPMENT RENTAL ON TXN00107126

TXN00107181 138.55 DISH NTWK#83318365,12/05- 01/04-2610 PRINCESS PL RD

TXN00107182 96.40 OFFICE SUPPLIES BUILDING

TXN00107182 96.40 OFFICE SUPPLIES PLANNING

TXN00107183 16.52 HARDWARE-FACILITY REPAIRS

TXN00107184 27.86 COVERALLS - FACILITIES

TXN00107184 25.01 SPRAY PAINT-PAINT ROLLERS FACILITIES

TXN00107185 (365.99) ORIG TXV106740-RETURN ETHERNET - I.T.

TXN00107186 20.00 VEH REPAIR-FIRE/RES #9682

TXN00107189 11.95 VEH REPAIR-FLEET #2883

TXN00107191 9.10 STEEL TRACK - FACILITY REPAIRS

TXN00107192 120.31 SCREWS & LUMBER - REPAIRS AT PRINCESS PLACE

TXN00107193 3.70 DRILL BIT - FACILITIES

TXN00107193 325.87 LUMBER-SCREWS,CAULK FACILITY REPAIRS

TXN00107194 37.93 VEH REPAIR-FIRE/RES #9681 R-24

TXN00107195 198.23 LAUNDRY SERVICES 12/21/20 PRINCESS PL COTTAGES

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 7 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/05/2021 190993 FLAGLER CO BCC POOLED CASH PCARD TXN00107196 72.50 VEH REPAIR-FIRE/RES #9681

TXN00107197 138.55 DISH NTWK#84159982,12/05- 01/04-2614 PRINCESS PL RD

TXN00107198 288.30 EQUIP REPAIR-PARKS #9712

TXN00107199 240.00 FOOD - WICKLINE CLIENTS

TXN00107200 121.62 CITY OF PC#15489,10/27- 11/30,SENIOR SRVCS

TXN00107201 88.75 DBPR-PROFESSIONL ENGINEER RENEWAL-R.GORDON

TXN00107203 42.56 ANCHORS - REPAIRS AT STATION 51-FACILITIES

TXN00107203 18.92 RESTROOM SIGNS-STATION 51 FACILITIES

TXN00107204 150.00 J.SHUPE-GFOA MEMERSHIP RENEWAL 12/1/20-11/30/21

TXN00107205 131.76 WIRELESS DISPLAY ADAPTER I.T.

TXN00107205 65.88 WIRELESS DISPLAY ADATPER COUNTY ATTORNEY

TXN00107206 299.90 G OFFICE SUPPLIES-EMPG COVID-19

TXN00107208 19.28 CONVERTER CABLE - I.T.

TXN00107209 4.58 HARDWARE- FACILITIES

TXN00107210 402.07 HVAC PARTS CLEANER FACILITIES

TXN00107211 27.52 PUMP-SIPHON & ANTIFREEZE LAND MGMT

TXN00107214 56.99 SMART WIFI ROUTER- I.T.

TXN00107215 665.00 GFOA BUDGET AWARD PROGRAM FEE FOR FIN.SVCS

TXN00107216 20.21 SCREWS-REPAIRS AT INMATE FACILITY - FACILITIES

TXN00107216 27.88 UTILITY KNIFE-FACILITIES

TXN00107217 18.35 MOLE TRAP - PARKS

TXN00107218 158.85 VEH REPAIR-FCT #128,129 131

TXN00107219 60.00 BATH RUGS-PRINCESS PLACE COTTAGES

TXN00107220 9.00 THREADLOCKER ADHESIVE - FACILITIES

TXN00107221 13.86 LUMBER - FACILITY REPAIRS

TXN00107221 83.96 TOOLS- TRUCK 9341 FACILITIES

TXN00107222 316.54 OFFICE SUPPLIES BUILDING

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 8 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/05/2021 190993 FLAGLER CO BCC POOLED CASH PCARD TXN00107222 132.93 OFFICE SUPPLIES CODE ENFORCEMENT

TXN00107222 252.41 OFFICE SUPPLIES PLANNING

TXN00107223 97.00 VEH REPAIR-SR.SRV #867

TXN00107224 60.00 OFFICE SUPPLIES BUILDING

TXN00107224 19.36 OFFICE SUPPLIES CODE ENFORCEMENT

TXN00107225 777.68 VERIZN WIRELESS,12/1-01/1 BUILDING DEPT

TXN00107226 491.10 HVAC DRAIN PAN CLEANER - ENERGY PLANT-GSB

TXN00107226 491.10 HVAC DRAIN PAN CLEANER - JUD.CENTER

TXN00107227 67.34 VEH REPAIR-FCSO #5315

TXN00107228 40.89 G OFFICE SUPPLIES- EM

TXN00107229 127.84 VERIZN WIRELESS,12/2-01/1 EM GO KIT

TXN00107230 505.89 VERIZN WIRELESS,12/2-01/1 ROAD & BRIDGE

TXN00107231 176.16 VERIZN WIRELESS,12/2-01/1 FACILITIES

TXN00107232 45.43 VERIZN WIRELESS,12/2-01/1 ECONOMIC DEVELOPMENT

TXN00107388 20.40 PAINT ROLLERS - PARKS

TXN00107388 114.67 PAINT,HARDWARE-PARKS

TXN00107389 81.35 ISAT PHONE MONTHLY PLAN FOR 800 MHZ-DEC/JAN

TXN00107389 81.35 ISAT PHONE MONTHLY PLAN FOR E911-DEC/JAN

TXN00107390 69.02 TAMP RNTL,1/06-1/07/21 PUBLIC WORKS

TXN00107391 283.63 GRINDING WHEEL&ROOF NAILR FOR FACILITIES

TXN00107392 50.91 JOINT KNIFE - TRUCK 9341

TXN00107392 19.97 SHOP VAC FILTERS - TRUCK 9341

TXN00107393 161.18 FACIL VEH RPR-8692

TXN00107394 7.31 G COVID-19 VACCINE SITE SIGN

TXN00107395 211.85 RPLCMNT PRESSURE TANK & PARTS-PPP

TXN00107396 950.00 C.YATES&D.BOND,ASPHALT PAVING TRNG REGIS 2/01/21

TXN00107397 727.00 G COVID-19 VACCINE SITE OFFICE SUPPLIES

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 9 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/05/2021 190993 FLAGLER CO BCC POOLED CASH PCARD TXN00107398 30.21 EQUIPMENT RPR-PARKS

TXN00107399 37.25 HR-BACKGROUND CHECK-LISA SANDS

TXN00107400 59.66 EXPANDING FILES-GEN SRVCS

TXN00107401 78.88 JOINT COMPOUND-FCSO PC SUBSTATION

TXN00107402 0.65 OFFICE SUPPLIES-AIRPORT

TXN00107402 16.63 PILOT LOUNGE SUPPLIES

TXN00107403 29.74 HARDWARE,WALL TEXTURE FOR FCSO PC SUBSTATION

TXN00107403 18.10 SCRAPER BLADES - FACIL.

TXN00107405 995.50 SPRAYPAINT-PARKS BALLFLDS

TXN00107406 62.40 FCSO VEH RPR-4132

TXN00107407 27.31 OFFICE SUPPLIES-TDO

TXN00107407 68.12 SPONGES,HAND SOAP-TDO

TXN00107408 220.00 S.WHITFIELD,PRIMA MBRSHIP RNWL

TXN00107409 54.97 REPLCMNT SMOKE DETECTOR FACILITIES

TXN00107411 45.00 FCSO VEH RPR-5072

TXN00107412 19.81 REPLCMNT LOCK&HANDLE FOR AIRPORT T HANGAR

TXN00107413 300.00 DOOR PROTECTION PLATES - FACILITIES

TXN00107414 581.40 SMARSH ARCHIVING PLATFORM NET GUARD CLOUD-IT-DEC 20

TXN00107415 69.97 WET/DRY VAC- FACILITIES

TXN00107416 55.74 FILE HOLDERS- GEN SRVCS

TXN00107416 268.00 ROLL FILE RACK-GEN SRVCS

TXN00107417 20.69 DRAIN CLEANER - FACIL

TXN00107418 225.00 UNIT 04 STORAGE RNTL FOR PURCHASNG,1/13/21-2/12/21

TXN00107419 29.00 DRINKING WATER,12/30-1/27 TDO

TXN00107419 7.90 WATER COOLER RNTL,12/30- 1/27/21,TDO

TXN00107420 1,495.00 NFPA NATIONAL FIRE CODES SBSCRPTN RNWL,TO 3/01/22

TXN00107421 75.00 L.ENSALACO,FFMIA MBRSHP RNWL,TILL 1/01/22

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 10 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/05/2021 190993 FLAGLER CO BCC POOLED CASH PCARD TXN00107423 300.00 TDO POSTAGE FOR FULFLLMNT OF VISITOR INFO REQUESTS

TXN00107424 200.00 TDO POSTAGE FOR FULFLLMNT OF VISITOR INFO REQUESTS

TXN00107425 325.00 FCSO VEH RPR-6779

TXN00107426 617.50 SRVC INSPCTN&LOAD TEST OLD DIXIE TOWER MTCE

TXN00107428 21.97 PRESSURE WSHR RPR-FLEET

TXN00107429 300.00 TDO POSTAGE FOR FULFLLMNT OF VISITOR INFO REQUESTS

TXN00107430 155.50 TRANSP FCT 107 VEH RPR

TXN00107432 14.79 ATR CAR BLADE FUSES FOR IT DEPT

TXN00107434 484.99 FIRE/RESC VEH RPR-898

TXN00107435 1,037.50 PINTEREST ADS,1/04-1/07 LIKE YOU MEAN IT-FOR TDO

TXN00107436 127.99 REPLACEMENT LIGHT BULBS & REPLCMNT USB CABLE-FACIL.

TXN00107437 184.91 PRIMER,PAINTING SUPPLIES FCSO PC SUBSTATION

TXN00107438 713.48 FAUCET RPR ITEMS FOR MISC FACILITIES

TXN00107440 193.26 SHREDDING SRVCS-11/06/20 CREATIVE MEDIA

TXN00107441 5.08 BUCKET AND LID-TRUCK 8692

TXN00107441 35.95 PVC FITTINGS - FACIL RPRS

TXN00107442 7.22 CALENDAR-CODE ENFORCEMENT

TXN00107443 97.82 EQUIP RPR-FACIL GEN.3

TXN00107444 97.90 CARDBOARD STORAGE CABINET FOR GEN SRVCS

TXN00107445 6.99 EQUIP RPR- FACIL GEN 17

TXN00107446 13.58 PARKS VEH RPR-8089

TXN00107447 13.02 DRILL BITS-TRK 9341

TXN00107447 10.34 HX WASHER- FACILITY RPR

TXN00107448 20.52 SHACKLE PINS-PW

TXN00107450 1.67 CALCULATR BATTERY-GEN SVC

TXN00107451 95.00 L.ENSALACO,FFCA MBRSHP RNWL THRU 9/30/21

TXN00107452 29.28 OFFICE SUPPLIES-FIN.SRVCS

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 11 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/05/2021 190993 FLAGLER CO BCC POOLED CASH PCARD TXN00107453 11.44 BITS,SOCKET-FACIL

TXN00107453 11.98 DOOR SWEEP-INMATE FAC RPR

TXN00107455 2.75 INSULATED COAXIAL STAPLE FOR FLIGHT OPS

TXN00107457 11.48 OFFICE SUPPLIES-PURCHASNG

TXN00107458 40.22 CONNECTORS FOR IT DEPT

TXN00107459 120.97 VEH RPR-FLEET SHOP USE

TXN00107460 159.99 G GREEN SCREEN FOR EM OPS CENTER OFFICE

TXN00107462 700.00 TDO FACEBK AD,12/30-1/09 PHOTO CONTST&STARRY NIGHT

TXN00107464 97.56 FCSO VEH RPR-5673

TXN00107465 50.00 DISHWASHER ROLLER FRAME RPR-INMATE FACILITY

TXN00107466 21.96 OFFICE SUPPLIES-PURCHASNG

TXN00107467 37.25 HR-BACKGROUND CHECK-TYLER ALLESEE

TXN00107468 5.11 CARPENTER PENCILS - FACIL

TXN00107468 8.25 CHALK REEL - FACILITIES

TXN00107471 65.00 FCSO VEH RPR-4131

TXN00107472 123.62 UNIFORM RNTL W/E 1/08/21 PUBLIC WORKS

TXN00107473 179.25 BANKERS BOX STORAGE BOXES FOR GROWTH MGMT

TXN00107474 84.00 L.CATALANO,FLA MBRSHP RNWL THRU 12/31/2021

TXN00107476 706.54 J.BURNSED RETIREMENT/SRVC AWARD

TXN00107477 15.08 SAFETY GLASSES FOR LAND MGMT

TXN00107478 20.40 FROST BLANKETS FOR AG EXT DEMO GARDENS

TXN00107479 820.32 R.BENNETT,RETIREMENT/SRVC AWARD

TXN00107480 191.52 VEH RPR-TRANSP-FCT 107

TXN00107481 3.69 FASTENERS-FACIL RPRS

TXN00107482 22.92 GLUE - FACILITY REPAIRS

TXN00107483 6.00 CAR WASH-SOC.SVC VEH 867 1/08/21

TXN00107484 148.10 LAUNDRY SVC-1/08/2021 PPP COTTAGES

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 12 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/05/2021 190993 FLAGLER CO BCC POOLED CASH PCARD TXN00107485 0.81 KEY CAPS - FACILITIES

TXN00107485 13.01 REPLACEMENT KEYS - FACIL

TXN00107486 14.57 LUMBER - PARKS

TXN00107487 139.00 FAUCET RPR-JUD.CENTER

TXN00107488 37.98 CABLE,BATTERY CHRGR FOR CREATIVE MEDIA

TXN00107489 227.52 DIN ROHS,SWITCH FOR IT DEPT

TXN00107490 329.99 ANTENNA FOR IT DEPT

TXN00107491 8.25 TAPE MEASURE-TRUCK 10083

TXN00107492 1,080.12 PINTEREST ADS,1/08-1/11 LIKE YOU MEAN IT-FOR TDO

TXN00107493 58.80 CAMPSPOT RESERVATION FEE SVCS-PPP COTTAGES-DEC 20

TXN00107494 (41.40) CR REF TXN00107497,RETURN FAUCET

TXN00107495 16.98 LIQ.FUEL TRANSFER PUMP FOR GASOLINE-LAND MGMT

TXN00107496 350.00 SEPTIC PUMP OUT-PPP ESTUARY TANK 1/05/21

TXN00107497 41.40 GOOSENECK FAUCET-FACIL.

TXN00107499 210.50 ROLL UP DOOR RPR-STA.81

TXN00107501 50.60 HOSE & NOZZLE - PARKS

TXN00107502 897.80 (2)LASERJET PRO MULTI- FUNCTION FOR IT DEPT

TXN00107503 93.99 ADAPTER FOR IT DEPT

TXN00107505 54.49 WTR SFTNR SVC,12/30-1/27 PPP CARETAKRS HOUSE-RABBT

TXN00107506 200.46 VEH RPR PARTS - FLEET SHP

TXN00107507 75.00 A.DANCE,REGIS-NEW COMMISS WOWRKSHOP,1/20/21 VIRTUAL

TXN00107509 85.98 GAS CANS FOR LAND MGMT

TXN00107510 78.49 COUPLR,NOZZLE,ADAPTER FOR LAND MGMT

TXN00107511 111.00 FIRE/RESC VEH RPR-8257

TXN00107512 12.10 ROLLER SPLINE-PARKS

TXN00107513 6.64 IT VEH RPR-9397

TXN00107514 81.64 WORKFORCE TELESTAFF IVR SVC-NOV 2020-FIRE/RESCUE

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 13 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/05/2021 190993 FLAGLER CO BCC POOLED CASH PCARD TXN00107515 (35.00) CR REF TXN00107480,CORE RETURN

TXN00107516 89.65 CHALK REEL,SQUARE,HAMMER, LINE REEL,TAPE MEASURE-PW

TXN00107517 110.49 FCSO VEH RPR-5649

TXN00107518 58.01 FCSO VEH RPR-4030

TXN00107519 137.69 LAUNDRY SVC-1/12/2021 PPP COTTAGES

TXN00107520 769.22 EQUIP RPR-PW 734

TXN00107521 3.29 CHAIN - PARKS REPAIRS

TXN00107522 9.56 THREADED ROD-INMATE FAC

TXN00107522 2.86 WIRE BRUSH - TRUCK 980

TXN00107523 15.00 ELBW,COUPLNG,STRAP,GLOVES INMATE FAC ADMIN OFFICES

TXN00107524 38.59 HR-OFFICE SUPPLIES

TXN00107525 9.60 KEYS - FCSO PC SUBSTATION

TXN00107526 329.99 DIN RAIL ROHS,SWITCH FOR IT DEPT

TXN00107527 13.99 IT VEH RPR-9397

TXN00107528 15.99 FCSO VEH RPR-5649

TXN00107529 93.12 HR-BOOKS FOR LEADERSHIP ACADEMY

TXN00107530 150.00 A.HADEED,FACA ANNUAL DUES MBRSHP

TXN00107531 34.99 AT&T FIRSTNET,11/26-12/25 800 MHZ

TXN00107531 75.24 AT&T FIRSTNET,11/26-12/25 E911

TXN00107532 1,003.00 TERMITE,MOLD INSPCTN & SAMPLING@1101 E.MOODY BLV

TXN00107533 169.14 OXYGEN FOR ALS RESCUE UNITS-FIRE/RESCUE

TXN00107534 34.50 REPLACEMENT DOOR LOCK JUD.CENTER

TXN00107536 9.98 CIRCUIT BREAKERS - FACIL

TXN00107536 21.97 SAW BLADE - FACILITIES

TXN00107537 95.93 PLUMBING RPR ITEMS-INMATE FACILITY

TXN00107538 15.98 HARDWARE - FACIL.RPRS

TXN00107540 6.97 OFFICE SUPPLIES-TRANSP.

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 14 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/05/2021 190993 FLAGLER CO BCC POOLED CASH PCARD TXN00107541 14.68 ZIP TIES

TXN00107542 20.29 ELECTRICAL SUPPLIES FOR FIRE STATION 41

TXN00107542 11.99 HEX KEY SET-FACIL.

TXN00107543 506.88 DRYWALL PANELS - FACILITY REPAIRS

TXN00107544 72.99 (250)BUSINESS CARDS FOR STROGER,REZBA,SPURLING

TXN00107545 55.14 PARTS,LIGHTS-T HANGAR RPR

TXN00107546 143.14 LUMBER - PRINCESS PLACE

TXN00107671 92.70 J.BURNSED RETIREMENT/SRVC AWARD

TXN00108103 (200.46) CR REF TXN00107506,CREDIT DUE TO SALES TAX

34,339.50

04/05/2021 190994 FLORIDA DREAMS PROPERTIES INC APR 21 T.C. 1,400.00 RENT ASSISTANCE-RO 001664

1,400.00

04/05/2021 190995 FLORIDA JANITOR & PAPER SUPPLY INC 336699 201.02 BLEACH,CLNR,DISHPACK,MOPS PO NUM 028008

201.02

04/05/2021 190996 FLORIDA POWER & LIGHT COMPANY 0747013431 0321 18.01 PC LIBRARY IRRIGATION 02/16/21-03/17/21

1327348205 0321 553.84 245 CR305 TOWER #A 02/22/21-03/23/21

2979086341 0321 31.29 17 OLD KINGS RD N STE F 02/17/21-03/18/21

5415798148 0221 60.21 RESTROOMS @ LEHIGH TRAILS 02/17/21-03/18/21

6484477523 0221 88.85 17 OLD KINGS RD N STE D 02/17/21-03/18/21

7061613076 0321 294.00 7570 CR304 TOWER #A 02/22/21-03/23/21

8106867529 0321 85.71 17 OLD KINGS RD N STE C 02/17/21-03/18/21

8430936099 0321 21.34 PC LIBRARY O/L 02/16/21-03/17/21

8632322320 0321 3,559.10 PC LIBRARY 02/16/21-03/17/21

9369692117 0321 91.91 14 PALM HARBOR VILL WAY 02/17/21-03/18/21

9961807139 0321 197.55 RSTRM @ H.C. KING PARK 02/17/21-03/18/21

5,001.81

04/05/2021 190997 W.W. GRAINGER INC. 9833794879 420.00 BULBS PO NUM 027975

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 15 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/05/2021 190997 W.W. GRAINGER INC. 9833794879 442.88 LIQUID DETERGENT PO NUM 027975

9833794879 87.00 TOILET RPR ITEM PO NUM 027975

949.88

04/05/2021 190998 H.R. LEWIS PETROLEUM CO. 294435 953.75 5W20 SEMI SYN OIL PO NUM 028003

953.75

04/05/2021 190999 HOLISTIC TEST & BALANCE, INC. 4141 1,408.00 HVAC TEST & SYSTEM BALNCE PC SHERIFF SUB STATION

1,408.00

04/05/2021 191000 HOME CARE PHARMACY OF PALM COAST CHAIR PR531-L 1,178.00 LIFT CHAIR W/FOOT EXTENSN FOR SS CLIENT-3/17/21

1,178.00

04/05/2021 191001 HOMELIVING LLC MAR 21 J.R. 1,350.00 RENT ASSISTANCE-RO 001665

1,350.00

04/05/2021 191002 HOYLE, TANNER & ASSOCIATES, INC 0064272 1,100.00 G PROF SVCS:ATCT EQUIPMENT UPGRADE,1/24-2/20-AIRPORT

1,100.00

04/05/2021 191003 IBS OF COASTAL JACKSONVILLE 30035000 478.84 MTP-48/H6,MTP-65HD BATTS PO NUM 028007

478.84

04/05/2021 191004 INDEPENDENT PRINTING 3541 55.00 TOURISM MATTERS RACK CARD TDO

55.00

04/05/2021 191005 JANTECH SERVICES, INC. 071026 2,336.59 INSPECT UPS SYSTEM ON 01/12/21-JUD.CENTER

2,336.59

04/05/2021 191006 JDI MARINELAND LLC FEB 2021 35.87 WTR/SWR USAGE-RIVER/SEA PRESERVE FEB 2021

JAN 2021 35.87 WTR/SWR USAGE-RIVER/SEA PRESERVE JAN 2021

71.74

04/05/2021 191007 JOSEPH KRUPA 111355 100.00 PARKS DEPOSIT RFND-111355 BETTY STEFLIK

111355 28.04 PARKS FEE REFUND-111355 BETTY STEFLIK

111355 1.96 PARKS SLSTX REFUND-111355 BETTY STEFLIK

130.00

04/05/2021 191008 JUDITH SOIFER BETHKE 111465 18.69 PARKS FEE REFUND-111465 PRINCESS PL CAMP SITE

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 16 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/05/2021 191008 JUDITH SOIFER BETHKE 111465 1.31 PARKS SLSTX REFUND-111465 PRINCESS PL CAMP SITE

20.00

04/05/2021 191009 LILLIAN RIVERA 112964 62.50 PARKS FEE REFUND-112964 BULL CREEK CAMP SITE

112964 7.50 PARKS SLSTX REFUND-112964 BULL CREEK CAMP SITE

70.00

04/05/2021 191010 LOWE'S HOME CENTERS, LLC 01595 82.92 FACILITIES HARWARE FOR REPAIRS

01595 248.43 SHELF BRACKET,TAPE FOR FACILITIES

01746 360.83 LATTICE,WHITEBOARD

02012 130.53 LUMBER,NAILS

02012 6.14 PAINT BRUSHES

828.85

04/05/2021 191011 MADDEN MEDIA 2021-007092 10,625.05 MAR 2021-QUARTERLY BILLNG DIGIT.STORIES,STD.CONTENT

10,625.05

04/05/2021 191012 MANPOWER US, INC. 35808144 1,202.90 TEMP STAFFING SRVCS-W/E 3/21-VACCINE DISTRIB REP

1,202.90

04/05/2021 191013 MANSFIELD OIL COMPANY 22253702 19,947.60 CONV 87 OCT-8461 GALL. PO NUM 027985

22259129 19,561.01 CONV 87 OCT,8525 GALL. PO NUM 027985

22270066 20,436.92 CONV 87 OCT,8415 GALL. PO NUM 027985

59,945.53

04/05/2021 191014 MASSEY SERVICES INC 04012021 75.00 PEST PREVENTION APR-JUN BULL CREEK

04012021 1,915.00 PEST PREVENTION APR-JUN FACILITIES

04012021 180.00 PEST PREVENTION APR-JUN FACILITIES-COURTHOUSE

04012021 285.00 PEST PREVENTION APR-JUN GSB

04012021 285.00 PEST PREVENTION APR-JUN JUD.CENTER

04012021 425.00 PEST PREVENTION APR-JUN PARKS

04012021 395.00 PEST PREVENTION APR-JUN PRINCESS PLACE

04012021 279.00 PEST PREVENTION APR-JUN TRANSPORTATION

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 17 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/05/2021 191014 MASSEY SERVICES INC 04012021 285.00 PEST PREVENTION APR-JUN21 AIRPORT

04012021 15.00 PEST PREVENTION APR-JUN21 AIRPORT CORP CENTER

04012021 105.00 PEST PREVENTION APR-JUN21 AIRPORT-TRIANBLE AIR

4,244.00

04/05/2021 191015 MCCABE MEDICAL LLC 15 15,000.00 MEDICAL DIRECTOR SERVICES 04/01/21-09/30/21

15,000.00

04/05/2021 191016 MCKIBBEN POWERSPORTS OF LAKE PLACID HONDA FOREMAN 9,819.25 2021 HONDA FOREMAN 4X4 LAND MGMT

9,819.25

04/05/2021 191017 METZ CULINARY MANAGEMENT 2065-31021-FL 2,585.00 (500)MEALS DELIVERED-3/10

2,585.00

04/05/2021 191018 MFB FINANCIAL TPA, INC 1199 1,744.00 PLAN SOURCE ADMIN FEES MARCH 2021

1,744.00

04/05/2021 191019 OPEN MEETING TECHNOLOGIES, LLC OMT001081 1,550.00 ANNUAL SUPPORT PLANS FOR ROLL CALL PRO,RTS PRO-IT

1,550.00

04/05/2021 191020 P&A ADMINISTRATIVE SERVICES, INC F79410430766 1,861.20 P & A ADMIN FEES-APR 2021

1,861.20

04/05/2021 191021 PALM COAST SIGNS & GRAPHICS 21-332 130.00 PARKING SIGNS FOR PARKS

21-383 1,020.00 SIGNS & GROMMETTS-PARKS

21-411 1,090.00 MISC SIGNS FOR PARKS

2,240.00

04/05/2021 191022 PHYSICIANS AMBULATORY SURGERY CENTR 190210-1 761.05 SS INDIGNT HLTH-RO 011125

761.05

04/05/2021 191023 PREFERRED GOVERNMENTAL INS TRUST EPDISC366468 10,000.00 PACKAGE DEDUCTIBLE BILLED F FATTOUH-366468

10,000.00

04/05/2021 191024 RILEY, RICHARD 4001137 325.00 SECURITY DEP.RFND-4001137 AIRPORT T-HANGAR #1

325.00

04/05/2021 191025 SALEM PRESS PRODUCT LINE 175786 132.00 (1)BOOK FOR LIBRARY

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 18 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description 132.00

04/05/2021 191026 SENIOR HELPERS OF THE VILLAGES 2021-2 CCE/2 174.04 HMK 2/03-2/26/21

2021-2 CCE/2 183.20 PC 2/03-2/26/21

357.24

04/05/2021 191027 SMA HEALTHCARE, INC. FEB 2021 110.00 SS INDIGENT HEALTH - RX

110.00

04/05/2021 191028 SOUTH WESTERN COMMUNICATIONS INC 34811 11,003.75 SVC AGREEMENT-INMATE FAC BILL 4OF4,3/1/21-5/30/21

11,003.75

04/05/2021 191029 ST AUGUSTINE CARDIOLOGY ASSOC 1509640 100.87 SS INDIGNT HLTH-RO 011209

100.87

04/05/2021 191030 STATE OF FLORIDA - SA 2R-3948 75.09 LOCAL PHONE SVC-FEB 2021 STATE ATTORNEY

2R-3949 0.73 LOCAL PHONE SVC-FEB 2021 STATE ATTORNEY

75.82

04/05/2021 191031 TENTCRAFT, LLC. 0000029108 8,048.94 MONARCH TENT 10X10 COVID VACCINE DISTRIBTION

8,048.94

04/05/2021 191032 THE HOME DEPOT PRO - SUPPLY WORKS 605356666 15.32 LINER PAPER WAXED BAGS PO NUM 027979

15.32

04/05/2021 191033 TYLER TECHNOLOGIES, INC 045-334046 2,550.00 IMPLEMENTATION 03/15,17 R.ARCEBIDO

045-334047 4,200.00 IMPLEMENTATION 03/10-12 EG-REVIEWS,K.BEMBRY

6,750.00

04/05/2021 191034 VERTEKS CONSULTING INC 169796 2,460.00 MITEL 6930 IP PHONE - I.T

2,460.00

04/05/2021 191035 WASTE PRO OF FLORIDA INC 0000327493 350.00 20 YD ROLLOFF HAUL FEE & DISPOSAL FEE 03/16-PARKS

350.00

04/05/2021 191036 ZEV COHEN & ASSOCIATES, INC. 73314 66,021.46 G PROF SVC:FC RIMA RIDGE RE SURF,02/01/21-02/28/21

66,021.46

04/05/2021 314192 ENGLAND, THIMS & MILLER, INC 0197198 3,520.25 PROF SVCS:MARINELND ACRES POST DESIGN,THRU 02/28/21

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 19 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/05/2021 314192 ENGLAND, THIMS & MILLER, INC 0197199 30,690.90 PROF SVCS:MARINELND ACRES PRTBLE WTR SYS,THRU 02/28

34,211.15

04/05/2021 314193 FLAGLER CDS, INC. 157518 1,560.00 LAND CLEARING 03/15-16 FCSO NEW OPS CENTER

1,560.00

04/05/2021 314194 S.E. CLINE CONSTRUCTION INC. AP#06 RETAINAGE 30,778.76 RETAINAGE PAYOUT:GOVT CTR PARKNG&PAVING IMPROVEMNTS

30,778.76

04/05/2021 333479 FLAGLER CO BCC POOLED CASH FUNDS CK21-118 1,901.59 TO FUND PAYROLL WEEK OF 04/01/2021

1,901.59

03/31/2021 9210385 P&A ADMINISTRATIVE SERVICES, INC WTO21-410 484.81 P & A FLEXIBLE SPENDING 3/31/2021

484.81

04/02/2021 9210386 DEPARTMENT OF REVENUE WTO21-411 112,105.33 APRIL 2021 MEDICAID REIMBURSEMENT

112,105.33

04/02/2021 9210387 DHARMA MERCHANT SERVICES, INC WTO21-412 608.70 MAR 2021 PARKS CREDIT CARD MONTHLY CHRGS/FEES

608.70

04/02/2021 9210388 P&A ADMINISTRATIVE SERVICES, INC WTO21-413 442.63 P & A FLEXIBLE SPENDING 04/02/2021

442.63

04/01/2021 9210389 STATE OF FL-DOR-RETIREMENT WIRE WTO21-414 293,640.43 MAR 2021 RETIREMENT WIRE

293,640.43

04/01/2021 9210390 NATIONWIDE RETIREMENT SOLUTIONS INC WTO21-415 9,042.38 NATIONWIDE RETIREMNT WIRE WEEK OF 04/01/2021

9,042.38

04/01/2021 9210391 BANK OF AMERICA - SWAP WTO21-416 2,390.12 AIRPORT INTEREST EXPENSE SWAP PAYMENT 04/01/21

2,390.12

04/01/2021 9210392 P&A ADMINISTRATIVE SERVICES, INC WTO21-417 2,111.00 P & A FLEXIBLE SPENDING 04/01/2021

2,111.00

04/01/2021 9210393 EXPERT PAY - CHILD SUPPORT WIRE WTO21-418 942.34 CHILD SUPPORT WIRE TO FLSDU WEEK OF 04/01/2021

942.34

04/01/2021 9210394 US BANK NATIONAL ASSOCIATION WTO21-419 586.39 FLGFC POOLED COMMERICAL PAPER LOAN 04/01/21

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 20 Flagler County Board of Commissioners - Disbursement Report Required per F.S. 136.06 Date: 04/08/2021 Invoices Processed for week ending 04/02/2021

Check Date Check # Vendor Name Invoice Number Net Trans Amt ? Description

04/01/2021 9210394 US BANK NATIONAL ASSOCIATION WTO21-419 14.86 FLGFC POOLED COMMERICAL PAPER LOAN-INT 04/01/21

601.25

04/01/2021 9210395 BANK OF NEW YORK TRUST-BOND PYMTS WTO21-420 756,112.50 FLAG CO CAP IMPR REV SER 2015 INT.PAYMENT 4/1/21

756,112.50

04/01/2021 9210396 CENTERSTATE BANK OF FLORIDA, NA WTO21-421 1,308.95 CENTERSTATE-CAP IMPRVMNT REV NOTE SER 2020 INT.PAY

1,308.95

04/05/2021 9210398 P&A ADMINISTRATIVE SERVICES, INC WTO21-423 283.32 P & A FLEXIBLE SPENDING 04/05/2021

283.32

04/05/2021 9210399 P&A ADMINISTRATIVE SERVICES, INC WTO21-424 280.04 P & A FLEXIBLE SPENDING 04/05/2021

280.04

04/06/2021 9210400 P&A ADMINISTRATIVE SERVICES, INC WTO21-425 157.87 P & A FLEXIBLE SPENDING 04/06/2021

157.87

04/06/2021 9210401 P&A ADMINISTRATIVE SERVICES, INC WTO21-426 155.94 P & A FLEXIBLE SPENDING 04/06/2021

155.94 Total 2,308,677.76

"?" G = Grant supported expenditure; Note: "in-kind" or "match" to grants are not annotated Page 21 Item 06b(1)

FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS

APRIL 5, 2021

REGULAR MEETING

Present: Chair Donald O’Brien, Vice Chair Joe Mullins, Commissioners David Sullivan, Gregory Hansen and Andy Dance, County Administrator Jerry Cameron, County Attorney Al Hadeed and Deputy Clerk Rhea Cosgrove

Chair O’Brien called the meeting to order at 9:00 a.m. in the Board Chambers of the Government Services Building in Bunnell, Florida.

ITEM 1 - PLEDGE TO THE FLAG AND MOMENT OF SILENCE

Chair O’Brien led the Pledge to the Flag and requested a moment of silence.

ITEM 2 - ADDITIONS, DELETIONS AND MODIFICATIONS TO THE AGENDA

Chair O’Brien announced the deletion of Item 7f at the request of Tailwinds, Inc.

A motion was made by Commissioner Sullivan to remove Item 7f and revise the agenda. Seconded by Commissioner Hansen.

Chair O’Brien called the question. Motion carried unanimously.

ITEM 3 - ANNOUNCEMENTS BY THE CHAIR

Chair O’Brien announced the following:

• Flagler County Fair and Youth Show cancelled - will host a 4H and FFA Youth Livestock Show and Sale only for 2021 – April 7-9 • Upcoming Commission Meetings: o Regular Meeting – Monday, April 19 at 5:00 p.m. in the Board Chambers

ITEM 4A – RECOGNITIONS

None April 5, 2021 Regular Meeting

ITEM 4B1 – PROCLAMATION – NATIONAL HEALTHCARE DECISIONS MONTH

Commissioner Hansen read the proclamation.

Marjorie Markus, Haven Hospice, spoke about the importance of advance directives.

A motion was made by Commissioner Hansen to adopt the proclamation. Seconded by Commissioner Sullivan.

Chair O’Brien called the question. Motion carried unanimously.

ITEM 4B2 – PROCLAMATION – CRIME VICTIMS RIGHTS WEEK

Chair O’Brien read the proclamation.

Flagler County Sheriff Rick Staly, Commander Jen Taylor, Domestic Violence Analyst Nikki North, Domestic Violence Detective Theona April, and the victim advocates accepted the proclamation.

A motion was made by Commissioner Hansen to adopt the proclamation. Seconded by Commissioner Mullins.

Chair O’Brien called the question. Motion carried unanimously.

ITEM 4B3 – PROCLAMATION – SEXUAL ASSAULT AWARENESS MONTH

Chair O’Brien read the proclamation.

Gary Perkins, Community Relations Advocate for the Family Life Center, along with other advocates, accepted the proclamation

A motion was made by Commissioner Hansen to adopt the proclamation. Seconded by Commissioner Sullivan.

Chair O’Brien called the question. Motion carried unanimously.

2 UNOFFICIAL

April 5, 2021 Regular Meeting

ITEM 4B4 – PROCLAMATION – WATER CONSERVATION MONTH

Commissioner Sullivan read the proclamation.

Jennifer Mitchell, St. John River Water Management District, and Tim Telfer, Flagler County Resiliency and Resource Stewardship Manager, accepted the proclamation.

A motion was made by Commissioner Sullivan to adopt the proclamation. Seconded by Commissioner Hansen.

Chair O’Brien called the question. Motion carried unanimously.

ITEM 4B5 – PROCLAMATION – CHILD ABUSE PREVENTION MONTH

Commissioner Dance read the proclamation.

Allison Miller, Early Learning Coalition, and Kristy Gillis, Community Development Administrator for Department of Children and Families, accepted the proclamation.

A motion was made by Commissioner Dance to adopt the proclamation. Seconded by Commissioner Hansen.

Chair O’Brien called the question. Motion carried unanimously.

ITEM 4B6 – PROCLAMATION – FAIR HOUSING MONTH

Commissioner Mullins read the proclamation.

Joyce Bishop, Health and Human Services Director, accepted the proclamation.

A motion was made by Commissioner Mullins to adopt the proclamation. Seconded by Commissioner Hansen.

Chair O’Brien called the question. Motion carried unanimously.

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ITEM 4C1 – PRESENTATION – AIRPORT NOISE UPDATE

Roy Sieger, Flagler County Airport Director, gave the presentation on noise abatement procedures the group assembled by the County Administrator had recommended. Noted they had come up with “Fly Friendly” Voluntary Noise Abatement Procedures (on file in the Clerk’s Office), pointing out the County could only ask that the procedures be followed and could not make them mandatory being a public airport. Noted staff was working to design a pamphlet for visitors and to publish in the Airfield Facilities Directory that would show the traffic patterns along with other information.

Explained a new program called Virtower – Airport Operations Tracking System which could identify any aircraft in the airspace. He gave a live presentation to demonstrate how it worked in real time and how aircraft could be identified on any given day that might not be following the recommended procedures.

ITEM 4C2 – PRESENTATION – OPIOID TASK FORCE UPDATE

Pam Bertella, Flagler Open Arms Recovery Services; Danielle Moye, Certified Recovery Peer Specialist; Kimala Middleton, Supervisor Administrator Open Door Ministries Women’s Halfway House; and Valerie Duquette, Director of Behavioral Health Services at Flagler Hospital St. Augustine; and Kristin Hubber, Nurse Manager Epic Recovery Center, gave a presentation.

Chair O’Brien asked Ms. Hubber about the program and if she felt Flagler County needed the same level of facility in Flagler County.

Ms. Hubber replied yes, for the treatment of opioid use disorder. Continued to explain the program and partnership with the Flagler County Jail.

ITEM 5A – COMMUNITY OUTREACH

Impact Fees / The Gardens Roberta Polletta, Halifax Plantation, stated she continued to wait for an answer to the issue of impact fees she brought up in November 2019 when she had been told there would be a study and would like to know if the County would raise impact fees.

Stated on March 15, 2021 she asked if there was an assessment of fines for the non-permitted construction work on John Anderson Highway at The Gardens, noting the construction went on between December 29 to January 14 when permits were finally issued.

Boys and Girls Clubs of Volusia/Flagler

Lisa Ryals, Chief Operating Officer for the Boys and Girls Club of Volusia Flagler, stated there had been a club in Flagler County since 1998 and wanted to thank the BCC for its support over the years. Noted the Rymfire Boys and Girls Club served 100 kids in 2020 with 95% being on reduced or free lunches and more than 75% from single-parent homes. Pointed out all the children received academic assistance and substance abuse awareness and prevention classes. Explained they were looking at new ways to receive support from the County and continue to build the clubs and partnerships.

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(Item 5a – continued)

Carolyn Thompson, Rymfire Boys and Girls Club Unit Director, thanked the BCC for the support on behalf of the kids. Stated they had a place to be safe, have fun, healthy meals, and enriched programs along with homework assistance.

Litter

Raymond Anthony Crown spoke about litter and how the fines were inadequate.

Speed Limits Norman Roy, Palm Coast, spoke about the 30 mph speed limits on the side roads in Palm Coast. Pointed out the roads were narrow with no sidewalks and asked if the speed limit could be lowered to 20 or 25 mph.

There was no further public comment.

Response to Public Comments:

Impact fees County Administrator Cameron replied the impact fee study was complete and would be presented to the BCC at the second meeting in May simultaneously with an obtainable housing ordinance that would allow whatever impact fees the BCC chose to adopt from further aggravating the workforce housing situation.

The Gardens County Administrator Cameron stated regarding The Gardens project, he was advised it was in litigation, so it was inappropriate for him to comment on.

Chair O’Brien stated developers did not pay impact fees but passed them on to the consumer.

Speed Limit Chair O’Brien explained the speed limits on a city road in Palm Coast were not under the County’s jurisdiction and recommended Mr. Roy speak with the Sheriff’s Office or the City of Palm Coast. Pointed the speed limit in Palm Coast on any road with a driveway leading onto it was 30 mph.

Commissioner Dance stated he would bring the issue to the Community Traffic Safety Team for discussion at its next meeting.

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ITEM 5B – BOARD COMMENTS ON CONSENT ITEMS

Commissioner Sullivan stated regarding Item 7e, he felt the early payoff of the tourist development tax revenue bond was a significant step.

Stated regarding Item 7d, the request to rename Sea Ray Drive to Unsinkable Street, he would have chosen a different name.

Pointed out the disbursement reports were 180 pages. Noted included was a new fire engine and other items.

Asked, since the County was no longer involved with the Wickline Center, when the congregate meals at the Church on the Rock and would begin.

Commissioner Dance clarified the renaming of the Sea Ray Drive to Unsinkable Street was requested by the Brunswick Corporation (Boston Whaler) and the street numbers were changed to correlate with the year of its founding.

CONSENT AGENDA ITEM 6A THROUGH 7L

Commissioners Sullivan, Dance and Hansen removed Item 7k from the Consent Agenda for discussion.

A motion was made by Commissioner Hansen to approve the revised agenda with the exception of Item 7k. Seconded by Commissioner Mullins.

Chair O’Brien called the question. Motion carried unanimously.

ITEM 6A – BILLS AND RELATED REPORTS

The report(s) of funds withdrawn from County depositories by the Flagler County Clerk of the Circuit Court and the Revenue Collected Report presented in compliance with the provisions of Section 136.06, Florida Statute as listed below were approved as part of the Consent Agenda.

• Revenue collected for February 2021 • Disbursement Report for week Ending February 12, 2021 in the amount of $1,436,460.34 • Disbursement Report for week Ending February 19, 2021 in the amount of $5,636,149.39 • Disbursement Report for week Ending March 5, 2021 in the amount of $3,877,830.98 • Disbursement Report for week Ending March 12, 2021 in the amount of $1,725,527.84 • Disbursement Report for week Ending March 19, 2021 in the amount of $1,399,980.22

ITEM 6B – APPROVAL OF BOARD MEETING MINUTES

The minutes of the March 15, 2021 Regular Meeting were approved as part of the Consent Agenda.

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ITEM 7A – RATIFICATION OF EMERGENCY PROCLAMATIONS EXTENDING THE STATE OF LOCAL EMERGENCY – HURRICANE MATTHEW

The proclamations were ratified as part of the Consent Agenda.

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ITEM 7B – RATIFICATION OF EMERGENCY PROCLAMATIONS EXTENDING THE STATE OF LOCAL EMERGENCY – COVID-19

The proclamations were ratified as part of the Consent Agenda.

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ITEM 7C – PARKS AND RECREATION ADVISORY BOARD REAPPOINTMENT

The appointment of Robert Knapp for a two-year term was approved as part of the Consent Agenda:

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ITEM 7D – CONSIDERATION TO RENAME SEA RAY DRIVE TO UNSINKABLE STREET

The following request was approved as part of the Consent Agenda:

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ITEM 7E – CONSIDERATION OF EARLY PAYOFF OF THE TOURISM DEVELOPMENT TAX REVENUE BOND SERIES 2017

The following request was approved as part of the Consent Agenda:

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ITEM 7F – CONSIDERATION OF A SPACE USE AGREEMENT BETWEEN FLAGLER COUNTY AND FLAGLER TAILWINDS, INC. (HIGHJACKERS)

Item 7f was withdrawn from the Agenda.

ITEM 7G – CONSIDERATION OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT OFFER TO ASSIST WITH FUNDING TO ADDRESS THE COVID-19 PUBLIC HEALTH EMERGENCY AT THE FLAGLER EXECUTIVE AIRPORT- $57,162.00

The following request was approved as part of the Consent Agenda:

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ITEM 7H – CONSIDERATION OF AN OPTION AND GROUND LEASE BETWEEN FLAGLER COUNTY AND SBA EDGE, LLC FOR A PARCEL OF LAND LOCATED AT THE FLAGLER EXECUTIVE AIRPORT

The following request was approved as part of the Consent Agenda:

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ITEM 7I – FY21/22 APPROVAL OF AN APPLICATION TO THE COMMISSION FOR THE TRANSPORTATION DISADVANTAGED (CTD) FOR THE INNOVATION AND SERVICE DEVELOPMENT GRANT AND AUTHORIZING RESOLUTION IN THE AMOUNT OF $407,298.00

The following request was approved as part of the Consent Agenda:

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ITEM 7J – ACCEPTANCE OF BID FOR 67.81 ACRES IN PALM COAST TOWN CENTER PARCEL #05-12-31-0650-000A0-0013 IN THE AMOUNT OF $325,500 FROM WALKER DOUGLAS FROM FLORIDA LANDMARK COMMUNITIES

The following request was approved as part of the Consent Agenda:

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(Item 7j – continued)

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ITEM 7L – CONSIDERATION OF STANDARD CONTACT #CV21-FCBCC CORONAVIRUS CONSOLIDATED APPROPRIATIONS ACT BETWEEN FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS AND NORTHEAST FLORIDA AREA AGENCY ON AGING, INC., D/B/A ELDERSOURCE FOR THE PURPOSE OF PROVIDING CONGREGATE MEALS, HOME DELIVERED MEALS AND SUPPORT SERVICES IN THE AMOUNT OF $72,703.18

The following request was approved as part of the Consent Agenda:

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The following item was removed from the Consent Agenda for discussion and action:

ITEM 7K – CONSIDERATION OF APPROVAL OF A JOINT PARTICIPATION AGREEMENT (JPA) AND THE AUTHORIZING RESOLUTION BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND FLAGLER COUNTY FOR CONSTRUCTION OF THE STATE ROAD A1A DUNE RESTORATION PROJECT; FDOT FINANCIAL MANAGEMENT NO. 440557-8-58-01, IN THE AMOUNT OF $8,697,200

The following was requested by Faith Alkhatib, County Engineer:

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(Item 7k – continued)

Commissioner Dance stated it was a large dollar amount for an important project, but felt it needed more discussion.

Commissioner Sullivan stated the money was to complete the 18 miles that were not covered by the Army Corps project. Questioned if the money would cover that and requested an update.

Faith Alkhatib, County Engineer, stated the project was only related to 2.8 miles within the city limits of Flagler Beach, noting the $8 million plus was FDOT funding. Advised there would be a workshop with the BCC about the beach management study and at that workshop would talk about the 18-mile plan for the coastline of Flagler County. Stated this project’s design phase and permits had been completed, noting it was a dredging operation. She continued to explain.

Chair O’Brien requested public comment. There was none.

A motion was made by Commissioner Sullivan to approve Item 7k as presented. Seconded by Commissioner Dance.

Chair O’Brien called the question. Motion carried unanimously.

GENERAL BUSINESS

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ITEM 8A – CONSIDERATION OF RESOLUTIONS ADOPTING THE UPDATED COMPREHENSIVE EMERGENCY MANAGEMENT PLAN AND LOCAL MITIGATION STRATEGY

The following was requested by Jonathan Lord, Emergency Management Director:

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(Item 8a – continued)

Jonathan Lord, Emergency Management Director, gave the presentation and explained the County had to submit the Local Mitigation Strategy to the State approximately every five years for approval then to the BCC to be adopted and then back to the State for final approval. Added the Comprehensive Emergency Management Plan was the base guiding document describing how the County responded to disasters. Further noted the purpose of the Local Mitigation Strategy was to help identify the major risks in the community. Pointed out both documents applied to all of Flagler County including the municipalities.

Commissioner Sullivan noted the documents were complicated and asked if it was done entirely in-house or was there outside help.

Mr. Lord replied it was done 100% in-house, noting past administrations had hired outside help.

Commissioner Sullivan congratulated him and his staff on a job well done.

Chair O’Brien requested public comment. There was none.

A motion was made by Commissioner Hansen to approve Item 8a as presented. Seconded by Commissioner Dance.

Chair O’Brien called the question. Motion carried unanimously.

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ITEM 8B – REVIEW AND DISCUSSION OF A DRAFT JOINT PLANNING AGREEMENT WITH VOLUSIA COUNTY

The following was requested by Adam Mengel, Growth Management Director:

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(Item 8b – continued)

Adam Mengel, Growth Management Director, gave the presentation (on file in the Clerk’s Office), noting the agreement would formalize what had previously been informal.

County Administrator Cameron stated there was enthusiasm at the Tri-County meeting for agreements like this one which was a great benefit to the residents. He felt it was a first step to a much better planning process.

Chair O’Brien stated it would partially answer development questions from other counties with what them being formally notified and could participate if they chose to do so.

Mr. Mengel explained there was no right of refusal on either side, but a right for the ability to comment.

Commissioner Dance confirmed the three miles was at Volusia County’s request.

Mr. Mengel replied yes and recalled it was based on an agreement Volusia County had previously with Daytona Beach. Stated staff had no opposition to the three-mile boundary.

Chair O’Brien requested public comment. There was none.

No action was taken or requested at this time.

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PUBLIC HEARINGS

ITEM 9A – LEGISLATIVE – AMENDMENT TO ORDINANCE NO. 2020-02 ADOPTING A LOCAL BUILDING CODE AMENDMENT FOR THE 150 MPH WIND SPEED MAP FOR RISK CATEGORY IV BUILDINGS

The following was requested by Adam Mengel, Growth Management Director:

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(Item 9a – continued)

Adam Mengel, Growth Management Director, gave the presentation (on file in the Clerk’s Office), stating in July 2020 the BCC adopted Ordinance 2020-02. Stated that ordinance referred to Flagler’s essential services buildings; facilities that would be hardened more substantially. Explained this ordinance would amend Ordinance 2020-02 by replacing the risk Category IV buildings 150 mph wind speed map from the adopted line corresponding to the US Highway 1 right-of-way to the GeoPlan model line that would then coincide with the lines adopted by St. Johns and Volusia counties.

Commissioner Hansen questioned if the amended ordinance would affect insurance rates or building codes or cause any problems by changing it.

Mr. Mengel replied it would only effect current and future County buildings and hospitals and pointed out there was an increase cost factor.

Commissioner Sullivan asked, if any government building east of the line was not up to the 150- mph wind requirement, would it have to be upgraded. Asked if this would apply to Captain’s BBQ, noting it was a government building.

Mr. Mengel replied they would not immediately have to be upgraded, advising the building code had a separate section for existing buildings. Stated Captain’s BBQ was a government building, but not a Category IV building, so the ordinance did not apply.

County Administrator Cameron stated the lines were calculated based on historical facts and the jog at U.S. 1 would unnecessarily increase construction cost such as impact glass which could raise construction cost tens of thousands of dollars that was not scientifically supportable.

Chair O’Brien requested public comment. There was none.

A motion was made by Commissioner Hansen to approve Item 9a as presented. Seconded by Commissioner Dance.

Chair O’Brien called the question. Motion carried unanimously.

ITEM 10A – COUNTY ADMINISTRATOR REPORT/COMMENTS

None

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ITEM 10B – COUNTY ATTORNEY REPORT/COMMENTS

County Attorney Hadeed reported on an email he received late the previous night from Kimberle Weeks and reviewed the two cases pending with the Attorney General right now involving the liability of Ms. Weeks concerning attorney fees and cost.

Read the following letter into the record:

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(Item 10b – continued)

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(Item 10b – continued)

County Attorney Hadeed advised he read the offer in its entirety and reviewed some additional facts for the BCC to have in mind. Stated he briefly spoke with Mr. Cameron and agreed that if the BCC was inclined to do this at its discretion, then it should be done on the basis that a release be executed by Ms. Weeks that waived any and all past, present, or future possible claims, and to include an anti-disparagement clause to bring finality to this chapter.

Commissioner Mullins stated he did not have much history with this but had encountered the individual and felt she did not take this very seriously until now. Asked if that was a correct assumption.

County Attorney Hadeed replied with one minor correction. Stated Ms. Weeks did submit extensive documentation to the Ethics Commission and to the Division of Administrative Hearings and to the circuit court in Tallahassee.

Commissioner Mullins stated the fee would be one hundred and some odd thousand and the BCC was getting an offer of $20,000.

County Attorney Hadeed responded that was correct. Stated together the judgements would exceed $130,000 but did not know how much more the interest would add.

Commissioner Hansen asked how much of a percentage of what the County spent did the $20,000 cover.

County Attorney Hadeed responded about 15% of the $130,000.

Commissioner Hansen clarified he was referring to what it cost the County and if the $20,000 made the County whole.

County Attorney Hadeed stated it would not make the County whole. Explained under the statutory fees the court was required to base it not on what was expended by the insurance company or the County, but for the court to determine the hourly fee rates of the attorneys involved in the case at their level of expertise.

Commissioner Hansen asked if the BCC agreed to the settlement would that set a precedent for the other two individuals.

County Attorney Hadeed stated he did not believe so because this was pre-judgment and if either of the other two came forward theirs would be post-judgement.

Commissioner Hansen spoke further and stated regardless of what the BCC did, it was not the final adjudication of this settlement, that was the Attorney General. 28 UNOFFICIAL

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(Item 10b – continued)

County Attorney Hadeed agreed, but he was of the opinion the Attorney General consider whatever decision the BCC came to.

County Administrator Cameron commented he thought the non-disparagement clause and bar to future litigation was implied in her letter saying she wanted finality to this. Stated the only thing he had not heard discussed was whether this judgement in full would be collectible due to the financial conditions she expressed.

Commissioner Sullivan stated it was not so much the money that he saw as the problem, but that she fought this all along with lawyers every possible way she could. Stated he understood her position now, but she had years to take this stand if she felt sorry about what happened, so right now he did not see any way he could go along with this.

Chair O’Brien stated he agreed with Commissioners Hansen and Sullivan. Stated this letter was an attempt to not suffer the consequences of what had been long-term behavior and not just something that happened one time. Stated the amount could in no way compensate the County for the time spent by legal staff and others. Having said that, stated he felt totally conflicted about what to do and felt very time constrained having this dumped on the BCC at the last minute.

County Attorney Hadeed advised the court’s action on April 8 was to consider entering the final judgments.

Chair O’Brien asked if the BCC could still negotiate something post-judgement

County Attorney Hadeed responded yes. Stated any of the parties could present a proposal post- judgement to try to satisfy their obligations.

Chair O’Brien asked at that point if it needed approval of the Attorney General.

County Attorney Hadeed stated since the Attorney General was involved, he would feel it obligatory on the County’s part to bring the Attorney General into that conclusion

Commissioner Dance commented he was conflicted as well and asked if post-judgement could some of the amount be waived if the individuals filed for personal bankruptcy.

County Attorney Hadeed responded since this was a penal judgement he did not know if it could be discharged in bankruptcy.

Commissioner Dance stated he thought even if this went post-judgement the BCC could start some type of negotiation now that would not necessarily carry over to the other two cases. 29 UNOFFICIAL

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(Item 10b – continued)

Commented a part of him would like to see this put to rest, but he was of the opinion the BCC could send it back due to the significant amount of difference between the numbers.

Chair O’Brien stated the consensus was the BCC did not want to agree to this as of today. Asked if a motion should be made or was consensus enough.

Commissioner Hansen commented he would have felt a little softer about it if she had apologized, but she did not.

County Attorney Hadeed stated it would be appropriate to have a vote for the record.

Commissioner Mullins made a motion to deny this request. Seconded by Commissioner Hansen.

Commissioner Dance felt the BCC would still be open to a further offer.

Chair O’Brien and Commissioners Hansen and Sullivan agreed.

Chair O’Brien requested public comment. There was none.

Chair O’Brien called the question. Motion carried unanimously.

Old Dixie Highway Motel County Attorney Hadeed stated Mr. Cameron was able to meet with another purchaser regarding the motel on Old Dixie Highway and lay out the situation. Noted there were promising discussions and staff was continuing to work on the problem.

Chair O’Brien stated the County still needed to pursue with vigor the issues against the current owners because it was a serious public safety and health issue and did not want any delay just because there were conversations about a sale.

County Attorney Hadeed stated staff was not altering any of the timeframes for proceeding with getting a final judgement in front of the court. Noted the owners were now being served with the lawsuit so they could schedule a hearing.

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(Item 10b – continued)

Dunes Project County Attorney Hadeed stated he spoke with Commissioner Sullivan in regard to Item 7k on what was referred to as the non-federal portion of the project from South 28th Street to the Volusia County line and then from South 6th Street to approximately North 19th Street. Stated in the agreement the Florida Department of Transportation was allowing the County to use its procurement rules to proceed with the project, so the County could piggyback off the Army Corps project and not have to do a separate procurement. Added the $8.7 million included the $3.8 million the County was getting from the Florida Department of Environmental Protection.

ITEM 10C – COMMUNITY OUTREACH

None

ITEM 10D – COMMISSION REPORTS/COMMENTS/ACTION

Commissioner Sullivan announced the date for filing federal income tax was now May 17. Congratulated Commissioner Hansen and Mullins on cleaning up the double yellow lines and reflectors north of Flagler Beach in conjunction with the Florida Department of Transportation

Commissioner Mullins gave an update on the Tri-County meeting he attended with County staff and felt it was informative and recommended they continue in the future.

Read an email (on file in the Clerk’s Office) he received from Charter Communications on partnering with the County on the Internet connectivity challenges in Flagler County.

Requested the BCC back a resolution (on file in the Clerk’s Office) showing Flagler County’s support for the United States Constitution.

A motion was made by Commissioner Mullins to take action on the resolution at the next BCC meeting. Seconded by Commissioner Hansen.

Chair O’Brien requested public comment.

Norman Roy, Palm Coast veteran, spoke in support of the resolution.

Doris Forster, Palm Coast, thanked the BCC and spoke in support of the resolution.

Chair O’Brien called the question. Motion carried unanimously.

Commissioner Hansen commended staff for the work on the Marineland Acres project.

Thanked Tag Realty for the $10,000 donation to support the County’s radio program.

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(Item 10d – continued)

Chair O’Brien thanked Commissioner Mullins for filling in for him at the Tri-County meeting.

Church on the Rock Joyce Bishop, Health and Human Services Director, responded regarding an earlier question by Commissioner Sullivan, the opening of the Church on the Rock for seniors was anticipated to occur in May after most of the seniors had their second Covid-19 shot.

ADJOURNMENT

The meeting was adjourned by consensus at 11:54 a.m.

APPROVED AND ADOPTED ______

ATTEST: FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS

______Tom Bexley Donald T. O’Brien Jr. Clerk of the Circuit Court & Comptroller Chair

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06b(2)

FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS

APRIL 5, 2021

WORKSHOP

Present: Chair Donald O’Brien, Vice Chair Joe Mullins, Commissioners Andy Dance, Greg Hansen and David Sullivan, County Administrator Jerry Cameron, County Attorney Al Hadeed and Deputy Clerk Deb Jenkins

ITEM 1 – CALL TO ORDER

Chair O’Brien called the meeting to order at 1:04 p.m. in the Board Chambers of the Government Services Building in Bunnell, Florida.

ITEM 2 – PLEDGE TO THE FLAG AND MOMENT OF SILENCE

Chair O’Brien led the Pledge to the Flag and requested a moment of silence.

ITEM 3 – WELCOME - FLAGLER COUNTY BOARD CHAIR

Chair O’Brien welcomed everyone.

ITEM 4 – ECONOMIC DEVELOPMENT PRESENTATION AND STRATEGIC DISCUSSION

Amy Lukasik, Tourism Development Director, stated Delores Key met with business leaders, local agencies, and organizations to hear their thoughts on economic development. Explained much of the presentation was from data collected regarding economic baselines of Flagler’s community which would help guide the BCC on future decisions.

Delores Key, Economic Development Manager, gave a PowerPoint presentation (on file in the Clerk’s Office), stating Flagler County was number one in the State of Florida for population growth and 91st out of over 3,000 counties in the United States. Stated available rentals were very low; and housing was very slight compared to the amount of people coming into the county. Commented for the new population growth, the 55+ category was about 45%; the 20-54 age group was about 34%, the 5-19 age group represents about 16%, and under 5 was about 3.9%. Added approximately 83% of housing units are owner occupied and 17% are renter occupied. Announced the median home values were going up which was good sign for ad valorem revenue. Stated occupancy rate in rentals were running about 98-99%; and rental prices were going up because the demand was so high, making it almost cheaper to purchase a home than it is to rent. Felt housing was at a crisis level in the county for workers.

Reported Flagler County’s health ranking was in the top one-third in the State and it had some great things going in the “Live” category but there were opportunities for improvements.

Stated in the “Play” category Flagler County had great amenities which the community desirable. Congratulated the Tourism Development Department for the great eco-tourism benefits.

Stated under the “Learn” component, the class to career program was very impressive and should be touted to companies looking to come here. Announced Flagler County had a 92% graduation rate which was higher than the State average which was identified as a strength. April 5, 2021 Workshop

(Item 4 – continued)

Commissioner Sullivan commented he received a lot of feedback from the teenage population that there was not enough to do. Asked if that was looked at.

Ms. Key replied she could not accurately answer because of the current pandemic conditions.

Explained the “Work” component looked at locating or expanding a current business with the idea to go 10% over the current wage in Flagler County. Stated raising the standard of living for those who live in the County was important to economic development. Commented the County reached a high of 15.2% unemployment rate but was now at 6.1% as of January 21. Noted this did not include those that may have fallen off the unemployment rolls.

Commissioner O’Brien noted his clients cannot find employees and nobody pays minimum wage in Flagler County. Felt the pressure came not only from economic growth but also the negative external effects from additional unemployment and other monies that people were receiving because of COVID.

Commissioner Sullivan questioned the figure of only 751,000 acres devoted to agriculture. He believed the County had more and requested the numbers be checked again

Ms. Key replied yes for agriculture and the rest may be in silviculture, also known as timberland. Stated she would double check the numbers with GIS.

Commissioner Hansen questioned the accuracy of the commercial numbers because he was always hearing the County did not have enough commercial and that residential was carrying the load, but according to this graph, 50% of ad valorem income came from commercial.

Ms. Key replied what was discovered in South Florida was commercial industry carried the burden. Reiterated this was a preliminary analysis.

Summarized there was opportunity for improvement in the “Work” component with approximately 2% of the land mass dedicated to commercial and industrial with the average job wage of about $36,000 per year.

Stated recommendations to consider from the “Live” component to support a robust workforce housing were:

• Reduce lot sizes and build smaller cottage type homes, increasing density and intensity in residential areas • Allow for “granny’ homes in areas where possible • Attainable vs. affordable housing and working with developers to help reduce costs •

Commissioner Hansen noted if smaller lots were need all that would need to be done was apply for them, then the BCC would vote on it. However, he did not know of any developer who wanted to build small houses.

2 April 5, 2021 Workshop

(Item 4 – continued)

Ms. Key pointed out it was easier when land was already dedicated with those rules in place. Commented that had been her experience from twenty years in economic development.

Commissioner Dance favored addressing the land use map to identify locations for smaller residential lots and have creative avenues written into the code.

Commissioner Mullins noted it was going to be hard to build workforce housing without incentives to offer builders. Commented private companies try to maximize every penny.

County Administrator Cameron stated he would be presenting a possible solution to the BCC next month regarding attainable housing.

Ms. Key stated top priorities were having an economic development plan element in the comp plan, continue to promote Flagler County through marketing initiatives, and continue to be point of contact for economic development inquires, which so far this year was about 40.

There was further discussion on the economic development inquiries.

Commissioner Mullins favored looking at local and regional incentives.

Chair O’Brien encouraged Ms. Key to bring forth any possible incentives for discussions to the BCC. Commented he was always open to anything viable that would help the community.

Commissioner Dance requested a colored graphical GIS map showing the allocated acreage for silviculture and agriculture was located for the BCC to review.

Ms. Key replied she would be glad to do that.

ITEM 5 – AIRPORT DEVELOPMENT UPDATE

Roy Sieger, Airport Director, stated last year the County started the design of the new aviation terminal facility. Spoke on the affects COVID had on loss of airport revenues. Explained after reviewing the revenues, he determined it was affordable but would be operating very close. Stated he would like to delay the building of the general aviation terminal for one year and instead build three more rows of t-hangars as they were big money makers. Commented he already contacted FDOT and was given the green light to change the project. Stated the new t- hangars would bring in about $212,000 annually. Spoke further on the project. Asked the BCC for permission to put a stop on the general aviation terminal for one year and instead move forward with building more t-hangars.

Commissioner Mullins asked the occupancy rate and if there was a waiting list.

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(Item 5 – continued)

Mr. Sieger replied the airport had been at 100% occupancy for many years and the t-hangars would be filled before they were even built.

Commissioner Sullivan noted there were other things that went along with building the new terminal. Inquired about the rental car project and the road and asked if they would be on hold as well.

Mr. Sieger replied no, the rental car facility was a separate project and was being done by the company. Replied the roadway was still going to be two to three years out regardless.

Commissioner Hansen commented while he was disappointed, he understood.

Commissioner Sullivan asked why not do the whole thing simultaneously.

County Administrator Cameron explained it would have to be subsidized from the General Fund to proceed with the terminal this year and further explained the funding.

There was BCC consensus to approve delaying the building of the general aviation terminal for one year to instead build three more rows of t-hangars.

ITEM 6 – PUBLIC COMMENT

Greg Blose, President & CEO, Palm Coast – Flagler Chamber of Commerce, spoke on the presentations and noted currently 20% of the jobs in this community were tied to hotels and restaurants and those were lower paying jobs while housing costs were increasing. Stated by the year 2040 Flagler County would be close to 200,000 residents and should be proactive as to what that would look like.

ADJOURNMENT

A motion was made by Commissioner Hansen to adjourn at 2:09 p.m. Seconded by Commissioner Sullivan.

4 April 5, 2021 Workshop

APPROVED AND ADOPTED ______

ATTEST: FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS

______Tom Bexley Donald T. O’Brien, Jr. Clerk of the Circuit Court & Comptroller Chair

5 FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT / AGENDA ITEM # 6c

SUBJECT: Approval to Continue the Annual Participation in the Byrne Justice Grant Program FY20/21 in the Amount of $35,748

DATE OF MEETING: April 19, 2021

OVERVIEW/SUMMARY: The Flagler County Sheriff’s Office is seeking continued approval to apply for a Byrne Justice Grant that helps to fund the overtime hours worked by detectives and deputies who are investigating narcotic related investigations.

This is a pass through grant that reoccurs annually. The County signs the application and the Sheriff’s Office serves as the sub-recipient and will manage the grant. The BOCC, City of Palm Coast, Bunnell, Flagler Beach and Marineland each provide letters of support required by the grant.

FUNDING INFORMATION: N/A

DEPARTMENT CONTACT: Financial Services Director, John Brower (386) 313-4008

RECOMMENDATION: Request the Board approve and authorize the Chair or County Administrator as applicable to execute the grant agreements, if awarded, and any other documentation associated with implementation of the grant approved to form by the County Attorney.

ATTACHMENTS: 1. Sheriff Letter of Explanation Dated April 5, 2021 2. FY 2020 JAGC Subgrant Solicitation 3. FY20 COP Certificate of Participation 4. Support Letter -51% letter

04/12/2021 Electronically Approved by Financial Services Director, E John Brower/LM Attachment 1

Rick Staly, Sheriff FLAGLER COUNTY SHERIFF'S OFFICE “An honor to serve, a duty to protect.”

April 5, 2021

Mr. Al Hadeed, County Attorney 1769 E. Moody Boulevard, Building 2 Bunnell, FL 32110

RE: Compliance with Requirements for Grant

Application Dear Mr. Hadeed,

The purpose of this letter is to certify the Flagler County Sheriff’s Office is familiar with the general requirements of federal grants, including those disbursed through the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, and is in compliance with the terms and assurances necessary for receipt of such grants. This includes all applicable rules, regulations, and conditions contained in the Department of Justice Grants Financial Guide and the Office of Management and Budget Uniform Grant Requirements. To that end, the Sheriff's Office dedicates a position to grant acquisitions and compliance so we may assure our compliance.

The attached certification and/or acceptance is required for our application for an award under the FY 2020 Grant, in the amount of $35,748. Please do not hesitate to reach out to me if any other information is needed.

Sincerely,

Rick Staly Sheriff

s/Kayla R. Hathaway

Kayla R. Hathaway, General Counsel

KRH/

Proudly Serving the Community Since 1917 A Four Diamond Accredited Law Enforcement Agency

1769 East Moody Blvd., Bunnell, FL 32110 386-437-4116 - Fax 386-586-4888 Mailing: P.O. Box 879, Bunnell, FL 32110 www.flaglersheriff.com Attachment 2

Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 ( 850) 617-1250 [email protected]

Federal Fiscal Year 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) Program JAG-Countywide (JAGC) Solicitation

The Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants (OCJG) is seeking applications for the state’s Edward Byrne Memorial Justice Assistance Grant Countywide (JAGC) Program. This program focuses on helping state and local agencies improve the criminal justice system.

Eligibility

Eligible applicants are limited to units of local government. A unit of local government is defined as a city, county, town, township, borough, parish, village, or other general-purpose political subdivision of the state, including Native American Tribes who perform law enforcement functions as determined by the Secretary of the Interior.

The allocations by county for Florida’s FY 2020 JAGC program can be found in Appendix C.

Contact Information

The Office of Criminal Justice Grants (OCJG) main line is (850) 617-1250. For questions regarding this solicitation, ask to speak with the Subgrant Application & Management (SAM) Supervisor, Steve Anderson or the grant manager for your jurisdiction. For technical assistance with the Subgrant Information Management Online (SIMON) system or for issues creating and submitting an application in SIMON, ask for the SIMON Help Desk.

JAG Funding Assistance – Florida Page 1 of 16 FY20 Program Information (03/2021)

Table of Contents

Program Description ...... 3 Local Planning and Approval Process ...... 3 Program Strategy and Purposes...... 3 Federal Priority Areas for Funding ...... 4 State-wide Funding Priorities ...... 5 Eligibility Requirements ...... 6 Match ...... 7 Administrative Costs ...... 7 Prohibited Uses & Expenditures ...... 8 Other Restrictions Requiring Compliance, Certification, or Prior Approval ...... 8 State and Federal Transparency ...... 11 Length of Award and Distribution of Funds ...... 11 Application Instructions and Deadline ...... 11 Application Requirements ...... 12 Standard Conditions ...... 13 Appendix A ...... 14 Appendix B ...... 15 Appendix C ...... 16

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Program Description

The Florida Department of Law Enforcement (FDLE) received an award from the United States Department of Justice (USDOJ) in the amount of $9,559,372 for the Edward Byrne Memorial Justice Assistance Grant (JAG). FDLE will distribute JAG-Countywide (JAGC) local share funds in accordance with the JAGC distribution provisions of Chapter 11D-9, Florida Administrative Code. This Notice of Funding Opportunity seeks subrecipient applications for activities as they relate to criminal justice.

Please note this program solicitation contains information provided by the USDOJ regarding specific areas of national focus and the priorities to help maximize the effectiveness of Byrne/JAG funding. Applicants are strongly encouraged to consider these federal priorities when developing their applications.

Local Planning and Approval Process

For JAG–Countywide each county is allocated a portion of the state’s federal award for use by local units of governments within the jurisdiction. FDLE determines each county’s allocation through a funding algorithm based on population and crime statistics. The county is then required to complete a local planning process to determine how the allocation will be distributed.

Chapter 11D-9, Florida Administrative Code, requires the unit of government in each county to reach consensus concerning the expenditure of JAG funds allocated to the jurisdiction. Consensus includes agreeing upon the projects to be implemented and the agency or agencies responsible for implementation through the 51% process. Each county must document the consensus by submitting letters from at least 51% of the units of government in the county, representing a minimum of 51% of the county’s population.

Coordination is vital to meeting this program requirement, and FDLE requests that the county board of commissioners serve as the coordinating unit for all local governments within the county. The Chairman of the Board of County Commissioners is requested to return a Certificate of Participation indicating the county’s willingness to serve, and designating a primary point of contact (e.g. County Coordinator) for coordination efforts. In the event the county declines to serve in this capacity, FDLE will request the governing body of each municipality within the county, in descending order of population, serve as the coordinating unit of government.

Program Strategy and Purposes

JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice in any one or more of the following purpose areas:

1. Law enforcement programs; 2. Prosecution and court programs; 3. Prevention and education programs; 4. Corrections and community corrections programs; 5. Drug treatment and enforcement programs; 6. Planning, evaluation, and technology improvement programs; 7. Crime victim and witness programs (other than compensation); and 8. Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams.

Additionally, JAG funds awarded under this solicitation may be used for purposes identified in BJA’s allowable programs reference guide.

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Federal Priority Areas for Funding

BJA issues funding priorities in conjunction with JAG program guidance to ensure recipients and subrecipients are aware of areas of national focus and priority, and maximize the effective use of JAG funds. As a result, Florida passes-through these priority areas to subgrantees in the JAG-Countywide solicitation. The federal JAG funding priorities for FY20 awards and subawards are as follows:

Safe Policing for Safe Communities (updated July 2, 2020) BJA encourages state and local jurisdictions to support projects which incorporate elements of the President’s Executive Order on Safe Policing for Safe Communities (EOSPSC). The EOSPSC seeks to enhance law enforcement practices and build community engagement through: the improvement of officer credentialing; increasing the usage of community-support modeling; the expansion of training and technical assistance required to adopt and implement improved use–of-force policies and procedures (including scenario-driven de-escalation techniques); the retention of high-performing law enforcement officers and recruitment of law enforcement officers who are likely to be high-performing; the provision of confidential access to mental health services for law enforcement officers; and the utilization of programs aimed at developing or improving relationships between law enforcement and the communities they serve (including through community outreach and listening sessions, and supporting non-profit organizations focused on improving stressed relationships between law enforcement officers and the communities they serve).

Addressing Violent Crime Recognizing that violent crime and the drivers of crime, including felonious possession and use of a firearm and/or gang violence, illegal drug sales and distribution, human trafficking, and other related crimes, vary from community to community, BJA encourages state and local jurisdictions to invest JAG funds to tailor programs and responses to state and local crime issues through the use of data and analytics. BJA also encourages states and local jurisdictions to coordinate with their United States Attorneys and Project Safe Neighborhoods grantees in order to leverage funding for violence reduction projects, and to coordinate their law enforcement activities with those of federal law enforcement agencies such as the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Drug Enforcement Administration, the United States Marshals Service, and the Department of Homeland Security.

Enforcing Firearms Laws BJA encourages state and local jurisdictions to reduce crime involving the illegal use of firearms through the strengthening and enforcement of state and local firearms possession laws. BJA also encourages the formation of partnerships with federal, state, and local law enforcement and prosecutors to target offenders who use guns in the commission of a crime and who purchase or sell guns illegally. This includes ensuring that persons prohibited from purchasing firearms (see, e.g., 18 U.S.C. § 922(g)) are deterred from doing so by enhancing complete, accurate, and timely access to the FBI’s National Instant Criminal Background Check System (NICS).

Additionally, state and local jurisdictions are encouraged to submit all necessary records to the FBI databases in a timely fashion, thereby helping to prevent illegal transfers of firearms to those who are prohibited from owning firearms under current law. Including these missing records will help ensure more accurate and complete background checks.

State, local, and tribal grantees are also encouraged to participate with their U.S. Attorney’s offices in Project Guardian, which seeks to reduce gun violence and enforce federal firearms laws across the country. Project Guardian draws on the Department of Justice’s earlier achievements, such as the “Triggerlock” program, and it serves as a complementary effort to the success of Project Safe Neighborhoods (PSN). In addition, the initiative emphasizes the importance of using all modern technologies available to law enforcement to promote gun crime intelligence.

Officer Safety and Wellness The law enforcement safety and wellness issue is an important priority for BJA and DOJ. According to the 2019 Mid-Year Preliminary Law Enforcement Officers Fatality Report, released by the National Law Enforcement Officers Memorial Fund, as of the end of June 2019, 66 law enforcement officers had died in

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the line of duty. While this is a 35 percent decrease compared to the same time period in 2018, officers continue to be injured and killed at an alarming rate. Firearms-related deaths continued to be the leading cause of law enforcement deaths (27), followed by traffic-related incidents (21). Among the firearms-related deaths, four were while responding to a robbery call, four were ambushed, and three were responding to domestic disturbance calls. Of the traffic-related deaths, 11 were struck while outside of their vehicles; five were crashes involving another vehicle or fixed object; and four were the result of single-vehicle crashes. Based on the current FBI’s Law Enforcement Officers Killed and Assaulted (LEOKA) data, there were 48 officers feloniously killed in the line of duty during 2019, which is a decrease from the 56 feloniously killed in 2018.

BJA encourages states and local jurisdictions to use JAG funds to focus on tactical officer safety concerns and on the health and wellness of law enforcement officers by providing trainings, paying for tuition and travel expenses related to attending trainings such as those available through the BJA VALOR Initiative and the National Officer Safety Initiatives Program, and funding health and wellness programs for law enforcement officers. JAG funding may also be used to attend officer safety and wellness conferences that enhance law enforcement education and awareness with the goal of preventing officer injury and/or death.

Fentanyl Detection Fentanyl continues to be a major public health concern, and exposure in the field poses significant concerns to first responders. The increased prevalence of fentanyl and other synthetic opioids in the illicit drug market means that first responders need to understand how to protect themselves from exposure in the field. BJA encourages state and local jurisdictions to use JAG funds to keep officers safe by minimizing their exposure to fentanyl and for fentanyl detection equipment, training, and naloxone distribution. Fentanyl is approximately 100 times more potent than morphine, 50 times more potent than heroin. Breathing can stop after ingesting just two milligrams of fentanyl. The Fentanyl Safety Recommendations for First Responders and the companion training video Fentanyl: The Real Deal provide unified, scientific, evidence-based recommendations to first responders so they can protect themselves when the presence of fentanyl is suspected during the course of their daily activities such as responding to overdose calls and conducting traffic stops, arrests, and searches.

State-wide Funding Priorities

In order to comply with the statewide strategic planning requirements outlined in Section 502 of the Omnibus Crime Control and Safe Streets Act, FDLE conducted a survey in 2019 to gauge statewide priorities within each program area for funding.

Subrecipients are strongly encouraged to fund projects addressing at least one of the priorities outlined below. If the subrecipient wishes to fund a project that does not address one of the identified funding priorities, a written justification will need to be submitted to OCJG along with the application.

Law Enforcement Prosecution & Courts • Equipment • Pre-trial Diversion • Training • Recidivism • Traffic Enforcement • Training • Community Policing & Engagement • Property & White Collar Crime Prevention and Education Corrections and Community Corrections • Anti-drug Programs • Behavioral Health Services • School Violence Prevention • Workforce • Domestic Violence Prevention • Recidivism • Pharmaceutical & Substance Abuse • Diversion

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Drug Treatment and Enforcement Planning, Evaluation & Technology • Surveillance Equipment • Technology Upgrades • Drug Enforcement – Single Jurisdiction • Crime Statistics Reporting • Multi-Jurisdictional Task Forces & • Investigative & Surveillance Technology Pharmaceutical Partnerships • Grant Management • First responders, Crisis Response, Stabilization, Antagonists/Detox

Crime Victim & Witness Mental Health • Behavioral Health Services • Crisis Intervention Team Training & • Advocacy Services Support • Counseling & Clinical Services • Evaluation/Assessments • Children Exposed to Violence, Abuse, & • Suicide Risk Assessment, Response & Neglect Protocols • Outpatient/Community Based Behavioral Health Programs

FDLE’s Byrne/JAG strategic plan is available for review at: http://www.fdle.state.fl.us/Grants/Documents/JAGC/SFY2020/2019_JAG-Strategic-Plan_FINAL.aspx

Eligibility Requirements

Applicants for JAG subawards must comply with all terms and conditions of the federal award and subaward, including those incorporated by reference. This section identifies specific program requirements that must be met as a condition of eligibility to receive federal funds under this program.

Each applicant must be able to document compliance with the following requirements:

8 U.S.C §1373 Communication Between Governments and the Immigration and Naturalization Service 8 U.S.C §1644 Communication Between State and Local Government Agencies and Immigration and Naturalization Service 2 C.F.R. §200.318-326 Federal Procurement Standards 2 C.F.R Part 200.300-309 Standards for Financial and Program Management 2 C.F.R. Part 25 Universal Identifier and System for Award Management (SAM) Requirements 28 C.F.R. Part 42 Nondiscrimination; Equal Employment Opportunity; Policies and Procedures

SAM Registration To apply for JAG funds in SIMON, an organization and its users must be registered in SIMON and have a Data Universal Numbering System (DUNS) number. The organization must also be registered with the U.S. Federal Government’s System for Award Management (SAM) (2 C.F.R. Part 25).

A DUNS number may be obtained by calling (866) 705-5711 or by visiting the Dun & Bradstreet website at: https://iupdate.dnb.com/iUpdate/viewiUpdateHome.htm. A DUNS number is usually received within one to two business days.

To create or update your annual SAM registration, go to SAM.gov. The process can take up to 10 business days.

Compliance with Applicable Federal Laws At the time of application, potential subrecipients are required to certify compliance with all applicable federal laws. All applicants should understand that if the DOJ Office of Justice Programs receives information indicating an applicant may be in violation of any applicable federal law, the applicant may be referred to the DOJ Office of Inspector General (OIG) for investigation. If the applicant is found to be in violation of an applicable federal law by the OIG, the applicant may be subject to criminal and civil penalties, in addition to relevant OJP programmatic penalties, including suspension or termination of funds, inclusion on the high risk list, repayment of expended funds, and/or suspension and debarment.

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Civil Rights Requirements Federal laws prohibit subrecipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subrecipients, implementing agencies, and contractors must comply with any applicable statutorily-imposed nondiscrimination requirements, which are summarized below:

• Title VI of the Civil Rights Act of 1964: Applicants must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E that relate to an equal employment opportunity program. Applicants are advised to use the Office for Civil Rights EEO Reporting Tool at (https://ojp.gov/about/ocr/eeop.htm).

• Equal Employment Opportunity Certification (EEOC): Applicants must submit an EEO Certification annually within 120 days of the subaward. Failure to submit the required EEO Certification will result in the withholding of grant funds.

• Limited English Proficiency (LEP): In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. Part 2000d, applicants in receipt of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. FDLE strongly advises applicants to have a written LEP Language Access Plan. For more information visit https://www.lep.gov/.

• Equal Treatment for Faith Based Organizations: Applicants, must comply with all applicable requirements of 28 C.F.R. Part 38, “Equal Treatment for Faith Based Organizations”, specifically including the provision for written notice to current or prospective program beneficiaries.

• Americans with Disabilities Act: Applicants must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination on the basis of disability including provision to provide reasonable accommodations.

Filing a Complaint - If the applicant or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the applicant, with FDLE, or with the Office for Civil Rights.

Discrimination complaints may be submitted to FDLE at Office of the Inspector General, Post Office Box 1489, Tallahassee, Florida 32302-1489, or online at [email protected]. Any discrimination complaints filed with FDLE will be reviewed by FDLE’s Inspector General and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the Equal Employment Opportunity Commission, based on the nature of the complaint.

Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, Northwest, Washington, D.C. 20531, or by phone at (202) 307- 0690.

Intergovernmental Review: The FY20 JAG program is subject to Executive Order 12372. As a result, FDLE may provide information regarding subrecipient applications to the state single point of contact to satisfy this requirement.

Match

Match is not required for the JAG program. However, if a subrecipient identifies match on an application that is approved for award, the match portion will be required.

Administrative Costs

Administrative costs/fees are not eligible on JAG subawards.

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Prohibited Uses & Expenditures

JAG funds may not be used (whether directly or indirectly) for any purpose prohibited by federal statute or regulation, including those prohibited by the JAG Program statute (34 U.S.C. § 10152).

• Supplanting: JAG funds may not be used to supplant state or local funds. See BJA’s JAG FAQs for examples of supplanting. • Security Enhancements for Non-governmental Entities: JAG funds may not be used for security enhancement or equipment for non-governmental entities not engaged in criminal justice or public safety.

• Additional Restrictions: JAG funds may not be used to pay for any of the following items unless approved by the BJA Director: (1) vehicles, vessels, and aircraft (excluding police cruisers, police boats, and police helicopters); (2) luxury items; (3) real estate; (4) construction projects (other than correctional institutions); and (5) UAS/UAV/US system and equipment. See BJA’s JAG FAQs for more information.

Note: Beginning with FY20, FDLE will not approve the purchase of trinkets such as hats, mugs, portfolios, t-shirts, coins, gift bags, etc., with grant funds.

Other Restrictions Requiring Compliance, Certification, or Prior Approval

Methamphetamine Mitigation Plans Any program that funds any portion of methamphetamine laboratory operations or clean-up must complete a Meth Mitigation Plan that includes the nine protective measures or components required by BJA. If an agency’s application requests funding related to meth lab mitigation, review the BJA website related to NEPA compliance (including information regarding meth labs) and contact FDLE’s Office of Criminal Justice Grants for further assistance.

Publications and Other Media All media created, published, and/or altered using federal grant funds must be reviewed and approved by FDLE and/or BJA prior to release or distribution. This includes any curricula, training materials, brochures, or other written materials that will be published, including web-based materials and web site content, as well as all audio or video materials, including Public Service Announcements. Grantees must submit a draft of each proposed item to OCJG no later than thirty (30) days prior to the targeted dissemination date. For items containing videos, a transcript may be provided with screenshots or a description of the visual portion.

All materials publicizing or resulting from award activities shall contain the following statements:

“This project was supported by Award No. 2020-MU-BX-0006 awarded by the Bureau of Justice Assistance, Office of Justice programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the authors and do not necessarily reflect the views of the Department of Justice or grant-making component.”

This requirement does not apply to the purchase or reproduction of existing materials or items created by other agencies or vendors, for example, crime prevention brochures, unless the subrecipient alters the item in any way. Neither does this requirement apply to items serving only to advertise an event or the availability of services. Please contact FDLE’s grant’s office with questions or to clarify the applicability of pre-approval requirements.

NEPA Any improvement, building or construction project will require pre-approval to ensure compliance with the National Environmental Policy Act (NEPA). This may include relatively minor activities such as installing fence posts, security or surveillance cameras, or anchoring any item to the ground. If the grant will fund any activities that may fall under this requirement, review the subaward standard condition related to NEPA

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and the section of the BJA web site related to NEPA compliance and contact FDLE’s grant’s office for assistance.

Sole Source If a subrecipient requests to procure goods or services costing $10,000 or more by sole source to a single vendor, a sole source justification must be submitted to FDLE for approval prior to the obligation of grant funds. For a sole source procurement over the federal Standard Acquisition Threshold (SAT) of $250,000, written pre-approval must be obtained from both FDLE and DOJ. Subrecipients should submit the completed “Sole Source Justification” form with the application or as soon as the procurement method is known.

Sole source approval applies to the amount of the total procurement, regardless of the amount of federal investment in the purchase. Before submitting a request for a sole source procurement, applicants should carefully review the conditions governing this type of procurement (see 2 C.F.R. § 200.320(f)).

Conference/Meeting/Training Costs OJP policy and guidance encourages minimization of conference, meeting, and training costs; sets cost limits, which include a general prohibition of all food and beverage costs; and requires prior written approval of most conference, meeting, and training expenditures. Subawards requesting to use grant funds for meetings, trainings, or conferences may be required to complete and submit an OJP event submission form upon request from FDLE and/or OJP.

Duplication of Networks (updated September 10, 2020) To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

Entry of Records into State Repositories As appropriate and to the extent consistent with law, a condition will be imposed that would require the following: Any program or activity that receives federal financial assistance under JAG that is likely to generate court dispositions or other records relevant to NICS determinations, including any dispositions or records that involve any alien who is illegally in the United States (18 U.S.C. § 922(g)(5)(A), must have a system in place to ensure that all such NICS-relevant dispositions or records are made available in a timely fashion.

Body Armor Body armor purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the following requirements are met:

• The body armor must have been tested and found to comply with the latest applicable National Institute of Justice ballistic or stab standards. • The body armor purchased must be made in the United States. • The body armor purchased with JAG funds must be “uniquely fitted vests,” which means protective (ballistic or stab-resistant) armor vests that conform to the individual wearer to provide the best possible fit and coverage through a combination of: (1) correctly sized panels and carrier determined through appropriate measurement and (2) properly adjusted straps, harnesses, fasteners, flaps, or other adjustable features. Note that the requirement that body armor be "uniquely fitted" does not necessarily require body armor that is individually manufactured based on the measurements of an individual wearer. In support of OJP’s efforts to improve officer safety, the American Society for Testing and Materials (ASTM) International has made available the Standard Practice for Body Armor Wearer Measurement and Fitting of Armor (Active Standard ASTM E3003) at no cost. The Personal Armor Fit Assessment checklist is excerpted from ASTM E3003.

A JAG subrecipient proposing to use FY20 funds to purchase body armor must provide FDLE with a BVP Certification indicating each law enforcement agency receiving body armor has a written “mandatory wear”

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policy in effect. For more information, review the FAQs related to the mandatory wear policy and certifications.

Body Worn Camera (BWC) Purchases JAG funds may be used to purchase equipment or to implement and/or enhance BWC programs. Subrecipients using JAG funds for BWC programs must certify the law enforcement agency receiving funds has policies and procedures in place relating to equipment use, data storage, privacy, victims, access, disclosure and training.

Any subrecipient intending to use grant funds for BWC-related expenses must provide FDLE with a BWC Certification. A subrecipient without policies and procedures in place at the time of application will have funds withheld until a certification is submitted. Information regarding BWC policies, resources and best practices can be found at: https://www.bja.gov/bwc.

DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database If JAG funds will be used for DNA testing of evidentiary materials, any resulting eligible profiles must be uploaded to the Combined DNA Index System (CODIS) by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non-governmental DNA database without prior written approval from FDLE’s grants office and BJA.

In addition, funds may not be used to purchase DNA equipment and supplies when the resulting DNA profiles from such technology are not acceptable for entry into CODIS.

Interoperable Communications Subrecipients utilizing FY19 JAG funds to support emergency communications activities should review the most recent SAFECOM Guidance. This includes the purchase of interoperable communications equipment and technology such as voice-over-internet-protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) waiver order.

Additionally, to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, subrecipients are required to comply with DOJs Global Justice Information Sharing Initiative guidelines and recommendations. All subrecipients shall document planned approaches to information sharing and describe their compliance, or provide detailed justification for why an alternative approach is recommended.

Finally, JAG applicants proposing projects for interoperable communications should consider the use of First Responder Network Authority (FirstNet) Program. FirstNet’s statutory mission is to take all actions necessary to ensure the establishment of a nationwide public safety broadband network (NPSBN). For more information, visit www.firstnet.gov.

Employment Eligibility Verification Subrecipients must ensure that as part of the hiring process for any position that is or will be funded (in whole or in part) with award funds, the employment eligibility of the individual being hired is properly verified in accordance with the provisions of 8 U.S.C. 1324a(a)(1) and (2). The subrecipient may choose to participate in, and use E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the subrecipient entity uses E-Verify to confirm employment eligibility for each position funded through this award.

Determination of Suitability to Interact with Minors Any subrecipient indicating that a purpose of some or all of the activities to be carried out under the subaward is to benefit a set of individuals under 18 years of age, must make determinations of suitability before certain individuals may interact with participating minors. The requirement applies regardless of an individual’s employment status. The details of this requirement are posted on the OJP website at https://ojp.gov/funding/Explore/Interact-Minors.htm.

JAG Funding Assistance – Florida Page 10 of 16 FY20 Program Information (03/2021) State and Federal Transparency

Subaward agreements and information supplied to FDLE for grant management and payment purposes will be used to report to the following mandatory state and federal transparency systems. Florida Accountability and Contract Tracking System (FACTS) This grant agreement, all corresponding information and a copy of the grant document, is provided to FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of Florida.

Exemption from FACTS The SIMON grant management system allows for partial or complete contract exemption from FACTS for those agreements containing information exempt from public records. Please be aware, in the event that your agency’s submission contains confidential and/or exempt information prohibited from public dissemination under Florida’s Public Records Law, Chapter 119, Florida Statutes, the subrecipient agency bears the responsibility for applying proper redactions. Otherwise, any and all records submitted may be released without redactions.

Federal Funding Accountability and Transparency Act (FFATA) The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006, with the intent to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is USASpending.gov. FDLE is required to report subaward data to FFATA as well.

Length of Award and Distribution of Funds

JAG-Countywide awards will be approved for a six (6) to eighteen (18) month project period between October 1, 2020 and September 30, 2022.

Grant funds are distributed on a cost reimbursement basis, with the ability to advance, for satisfactory performance of eligible activities. Payment requests can be submitted on a monthly or quarterly basis and should include total expenditures for the reporting period. Reimbursements will be processed in conjunction with the receipt and review of programmatic performance reports to determine successful completion of minimum performance deliverables as specified in the agreement.

Application Instructions and Deadline

Failure to follow application instructions may result in the incursion of a special condition at the time of award.

In order to apply, the organization and user(s) must be registered in FDLE’s electronic grant system (SIMON). For questions or issues related to organization or user accounts, please contact the SIMON Help Desk at (850) 617-1250 or [email protected].

Access codes are required to begin an application in SIMON. The SIMON announcement code for FY20 JAG subawards are provided to each County Coordinator designated and approved by the County to facilitate the application process for each jurisdiction. OCJG updates the contact information for designated county coordinators on the website. Applicants are encouraged to contact their County Coordinators to obtain the necessary information required to apply.

Applications must be submitted via FDLE’s online grants management system, SIMON, which can be accessed at http://simon.fdle.state.fl.us by 5:00 P.M. (EST) on Friday, May 28, 2021.

Please see Appendix A: Application Timeline for other important dates.

JAG Funding Assistance – Florida Page 11 of 16 FY20 Program Information (03/2021) Application Requirements

Applications submitted under this solicitation must adhere to federal, state and program specific requirements. For more information related to properly developing and writing an application to meet many of the state and federal contract requirements, please review the OCJG Grant Writing Guide.

For FY20, subrecipients will be required to complete the following documents at the time of application; failure to do so may result in the withholding of funds until items are received.

Subaward Management Capabilities and Compliance Questionnaire All applicants are required to complete the Subaward Management Questionnaire, and submit to OCJG with their application. FDLE will use this form to validate a subrecipient’s eligibility to apply, receive, and maintain a federal JAG subaward. Additionally, this validation will allow FDLE to expedite the monitoring process and ensure all subrecipients are in compliance with program requirements.

Lobbying, Debarment and Drug Free Workplace Certification Subrecipients are not permitted to use federal funds, directly or indirectly, in support of any lobbying activity. A subrecipient receiving or requesting an award exceeding $100,000 must certify compliance with this requirement.

Additionally, a person/agency that is debarred, suspended, declared ineligible or is voluntarily excluded is prohibited from receiving federal funds under this grant program. All subrecipients must certify the subgrantee organization, and any vendor or lower tiered subrecipient, is eligible to receive these funds.

In compliance with the Drug-Free Workplace Act of 1988, state agencies applying for federal grant funding under this program must certify compliance with establishing and maintaining a drug-free work environment.

Failure to submit the “Lobbying, Debarment and Drug Free Workplace Certification” to FDLE with the application may result in a withholding of funds condition on the subaward until the requirement is satisfied.

Contractual Services Subrecipient vs. Contractor Determination Subrecipients utilizing funds in the Contractual Services budget category must adhere to the subcontracting requirements below. All subrecipients should review the “OJP Subaward vs. Procurement Toolkit” for information regarding the two types of subcontracting.

1. Any applicant using grant funds in the Contractual Services budget category must complete and submit a “Subrecipient vs. Contractor Determination Checklist” for each contracted services item to FDLE with the application.

2. The application must contain detailed information regarding the type of subcontracting (subrecipient or contractor) and the method of procurement for the subcontract.

3. An applicant proposing to enter into a subrecipient contracting relationship must request approval to subaward in the grant application and be able to adhere to and document compliance with requirements and provisions for pass-through entities in 2 C.F.R. §200.331.

4. Applicants entering into a contractor relationship must adhere to the local unit of government’s written procurement policies and procedures to the extent they are consistent with or more stringent than the procurement standards outlined in 2 C.F.R. § 200.318-326.

Law Enforcement Agency Training Information Any law enforcement agency receiving funds under a JAG subaward must submit performance accountability metrics data for the 2020 calendar year related to training on: use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public. These metrics will be collected via questionnaire from FDLE’s grants office and reported to BJA’s Performance Management Tool (PMT).

JAG Funding Assistance – Florida Page 12 of 16 FY20 Program Information (03/2021) Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE) Each applicant must respond to the following questions within their application:

1) Does your jurisdiction have any laws, policies, or practices related to whether, when, or how employees may communicate with DHS or ICE? 2) Is your jurisdiction subject to any laws from a superior political entity (e.g. a state law that binds a city) that meet the description in question 1? 3) If yes to either: • Please provide a copy of each law or policy. • Please describe each practice. • Please explain how the law, policy, or practice complies with section 1373.

Note: Responses to these questions must be provided by the applicant as part of the JAG application. Further, the requirement to provide this information applies to all tiers of JAG funding and for all subawards made to state or local government entities, including public institutions of higher education. All subrecipient responses must be submitted to FDLE. Responses to these questions are not required from subrecipients that are a tribal government/organization, a nonprofit organization, or a private institution of higher education.

Death in Custody Reporting In FY19, OCJG began collecting data regarding in-custody deaths, in accordance with the Death in Custody Reporting Act (DCRA), which requires states and federal law enforcement agencies to report certain information to the Attorney General regarding the death of any person during interactions with law enforcement officers or while in custody. For the purposes of this requirement, a reportable death is any death – including deaths attributed to suicide, accident, or natural causes – that occurred during interactions with law enforcement personnel or while the decedent was in custody, under supervision or under the jurisdiction of a state or local law enforcement or correctional agency, such as a jail or prison.

As a requirement of the state’s Edward Byrne Memorial Justice Assistance Grant (JAG) award, Each quarter, subrecipients must submit the DCRA Questionnaire identifying all reportable deaths occurring in their jurisdictions during the reporting period. Information to be provided will include:

• The decedent’s first, middle, and last name, gender, race, ethnicity, and year of birth • The date, time, and location of the death • Type of facility in which the death occurred • Date of facility admission/arrest • The law enforcement or correctional agency involved • Manner of death • Brief description of circumstances of death

We recognize that all of the requested information may not be available at the time of reporting. Please provide as much information as possible for each reported death. Standard Conditions

The standard conditions provide detailed compliance requirements for subrecipients upon signed acceptance of the subaward. It is imperative all persons involved with this subaward read the standard conditions. Failure to comply with the provisions outlined in the standard conditions may result in project costs being disallowed.

JAG Funding Assistance – Florida Page 13 of 16 FY20 Program Information (03/2021) Appendix A Application Timeline

June 29, 2020 Florida received notice of final state JAG appropriation from U.S. Department of Justice. July 17, 2020 FDLE Office of Criminal Justice Grants (OCJG) submitted the final State of Florida application for FY20 Byrne JAG funding. November 24, 2020 Florida accepted the state’s FY20 federal JAG award.

April 1, 2021 OCJG released JAGC subgrant solicitation on the department’s website; Notification emails sent to chief officials.

April 30, 2021 Deadline for BOCCs to respond to OCJG with Certification of Participation and designation of County Coordinator. Upon receipt of BOCC COP and County Coordinator designation; OCJG Ongoing provides County Coordinator with application information and SIMON announcement code to distribute to all application managers in their respective counties. Deadline for County Coordinators to submit required 51% letters to OCJG May 14, 2021 advising of applications that will be submitted from agencies within their respective counties.

Deadline to submit applications in FDLE’s electronic grants management May 28, 2021 system (SIMON).

JAG Funding Assistance – Florida Page 14 of 16 FY20 Program Information (03/2021)

Appendix B Application Checklist

What Each County Should Do - Pre-Application

 Submit a signed Certificate of Participation designating a County Coordinator

 Assure all 51% letters for the county have been completed and submitted to OCJG

What Each Applicant Should Do – Pre-Application

 Acquire a DUNS Number

 Acquire or renew registration with SAM.gov

 For new users, request SIMON account

 For existing users, verify SIMON username/password and contact information

 Obtain an EEO Certification via EEO Reporting Tool

 Read the FDLE subaward Special Conditions and DOJ Grants Financial Guide

Additional Requirements

 Complete the Subaward Management Capabilities and Compliance Questionnaire

 Complete a Lobbying, Debarment and Drug Free Workplace Certification (for state agencies and local units of government, if applicable)

 Complete a Subrecipient or Contractor checklist for each cost element requested in the Contracted Services budget category

 Complete a Body Armor Mandatory Wear Policy Certification (if applicable)

 Complete a Confidential Funds Certification (if applicable)

 Complete a Sole Source Justification form for sole source purchases of $10,000 or more (if applicable)

JAG Funding Assistance – Florida Page 15 of 16 FY20 Program Information (03/2021)

Appendix C FY20 JAGC County Allocation

County County County Allocation County Allocation Alachua $71,953 Lake $78,204 Baker $23,107 Lee $162,684 Bay $81,291 Leon $90,077 Bradford $34,834 Levy $32,005 Brevard $131,689 Liberty $19,848 Broward $348,691 Madison $41,934 Calhoun $19,708 Manatee $103,811 Charlotte $58,368 Marion $84,659 Citrus $39,679 Martin $53,186 Clay $48,611 Monroe $55,199 Collier $84,138 Nassau $39,917 Columbia $38,642 Okaloosa $67,078 Dade $551,650 Okeechobee $58,352 Desoto $32,596 Orange $292,766 Dixie $23,274 Osceola $82,691 Duval $239,400 Palm Beach $277,983 Escambia $105,334 Pasco $106,511 Flagler $35,748 Pinellas $236,358 Franklin $34,832 Polk $168,323 Gadsden $24,390 Putnam $60,054 Gilchrist $18,687 Santa Rosa $43,333 Glades $14,806 Sarasota $94,379 Gulf $37,527 Seminole $112,827 Hamilton $43,393 St. Johns $53,560 Hardee $34,432 St. Lucie $79,881 Hendry $64,820 Sumter $43,990 Hernando $49,480 Suwannee $31,137 Highlands $50,648 Taylor $34,417 Hillsborough $288,815 Union $13,424 Holmes $23,446 Volusia $129,365 Indian River $51,033 Wakulla $19,840 Jackson $23,355 Walton $28,161 Jefferson $29,627 Washington $26,060 Lafayette $19,206 Total $5,599,224

JAG Funding Assistance – Florida Page 16 of 16 FY20 Program Information (03/2021)

Attachment 3 CERTIFICATE OF PARTICIPATION

Edward Byrne Memorial Justice Assistance Grant (JAG) Program

Mr. Cody Menacof Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308

Dear Mr. Menacof:

This letter provides notification that the County Board of Commissioners ___Accepts ___Declines to serve as the coordinating unit of government for the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide Program.

I understand, for the purposes of the JAG Countywide Program, the county can only request and approve applications for eligible subrecipients. In order to meet eligibility requirements, the county, and each organization or agency identified through the 51% planning process (as provided by Florida Administrative Code, Chapter 11D-9.002), must be able to document compliance with the following requirements prior to receiving a subaward: • 2 C.F.R. Part 25—Universal Identifier and System for Award Management (SAM) Requirements • 8 U.S.C §1373 & 1644—Communication Between Governments and the Immigration and Naturalization Service • 28 C.F.R. Part 42—Nondiscrimination; Equal Employment Opportunity; Policies and Procedures • 2 C.F.R. §200.318-326—Federal Procurement Standards • 2 C.F.R Part 200.300-309—Standards for Financial and Program Management For purposes of coordinating the preparation of application(s) for grant funds with the Office of Criminal Justice Grants, the following individual is designated as County Coordinator for the county’s FY20 JAG Countywide subawards:

Name: Agency:

Title: Address:

Email: City:

Phone: Zip:

I acknowledge and understand the responsibility placed upon the county to ensure grant funds are used for improving criminal justice and subawards, as identified through the 51% process, are only approved to eligible subrecipients.

Sincerely,

Chair ______County Board of Commissioners

Rule Reference 11D-9.006 OCJG-024 (Rev. March 2021) Attachment 4

SAMPLE

Please feel free to cut and paste this content onto your letter head. Please scan the executed letter and return it to me for insertion into the grant application in package by May 1, 2021.

------

April --, 2021

Ms. Petrina T. Herring Bureau Chief Office of Criminal Justice Grants Florida Department of Law Enforcement P.O. Box 1489 Tallahassee, FL 32302-1489

Dear Ms. Herring:

In compliance with State of Florida Rule 11D-9, F.A.C., the City of ______approves the distribution of $35,748 of Federal Fiscal Year 2020 Edward Byrne Memorial JAG Program funds for the following project:

Subgrantee / Implementing Agency Purpose / Project Title Amount

Flagler County/Sheriff’s Office Countywide Narcotics Enforcement $35,748

Thank you for your positive consideration. This important funding will assist us in making our communities safer as we continue to address the critical needs associated trying to eradicate local drug activity.

Sincerely,

Mayor City of ______0FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT / AGENDA ITEM # 7a

SUBJECT: Ratification of Flagler County Emergency Proclamations Extending the State of Local Emergency – Hurricane Matthew.

DATE OF MEETING: April 19, 2021

OVERVIEW/SUMMARY: Flagler County has been under a declared state of local emergency due to Hurricane Matthew since October 4, 2016. By law, the Proclamation declaring a state of local emergency may only last for seven days, but may be renewed every seven days as necessary. In the immediate aftermath of Hurricane Matthew, the County utilized its authority under the emergency to address debris removal and the restoration of electrical power. Over time, the County’s response shifted to repairs of the coastline infrastructure and dune system. The County installed a seawall in Painters Hill to prevent the collapse of homes onto the beach. The County also installed an emergency protective berm in much of the unincorporated areas of the County.

In Flagler Beach, the coastline remains in disrepair with severely damaged dunes and much of A1A in need of a long-term solution. The County has entered into an agreement with the Army Corps of Engineers to restore dunes in southern Flagler Beach (the “Army Corps Project” or “Federal Project”) and is coordinating with FDOT to restore dunes in the northern half of Flagler Beach and with FDOT and FDEP to restore dunes from South 28th Street to the Volusia County line (together, the “Non-federal Project”).

The County has obtained nearly all of the easement rights necessary to conduct dune restoration within the Army Corps project. The County hopes to save significant mobilization costs by utilizing the same contractor for both projects. Continuing the state of local emergency will help the County with these efforts and will also allow the County to take any necessary emergency measures to restore the dunes in Flagler Beach that lie outside of the Army Corps project.

FUNDING INFORMATION: N/A

DEPARTMENT CONTACT: Jonathan Lord, Emergency Management Director (386) 313-4240

RECOMMENDATION: Request the Board ratify the Proclamations Extending the State of Local Emergency for Hurricane Matthew.

ATTACHMENTS: 1. Proclamation Extending State of Local Emergency – Hurricane Matthew, 04/06/2021 2. Proclamation Extending State of Local Emergency – Hurricane Matthew, 04/13/2021

Attachment 1

Attachment 2

FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT / AGENDA ITEM # 7b

SUBJECT: Ratification of Flagler County Emergency Proclamations Extending the State of Local Emergency – COVID-19.

DATE OF MEETING: April 19, 2021

OVERVIEW/SUMMARY: On March 16, 2020, the Chair issued a Proclamation declaring a state of local emergency in anticipation of the impact of COVID-19. By law, the Proclamation may only last for seven days but may be renewed in seven-day increments as needed. Accordingly, as the emergency conditions persist, the Chair successively extends the State of Local Emergency by Proclamation every seven days and the Board ratifies the extensions at the next regularly schedule Commission Meeting.

During a declared state of local emergency, the County Administrator and the Emergency Management Director have the authority to issue emergency orders to address the emergency in real time. Under County Code Section 12-34, such actions must be reported to the Commission as soon as practical under the circumstances. To date, the Board has ratified seven orders pertaining to the Covid-19 emergency, ranging from the closing of beaches and parks to quarantining of visitors from hot spots and also providing for electronic signatures and virtual meetings.

Vaccine distribution by the Florida Department of Health – Flagler with support from the County is well underway and will continue in the following weeks. While this represents a significant advance in the fight against COVID-19, the virus remains a serious threat to public health. Today’s agenda item ratifies the most recent seven-day extensions of the state of local emergency, as required by law, to allow the County to respond to the emergency as it evolves.

FUNDING INFORMATION: N/A

DEPARTMENT CONTACT: Jonathan Lord, Emergency Management Director (386) 313-4240

RECOMMENDATION: Request the Board ratify the Proclamations Extending the State of Local Emergency for COVID-19.

ATTACHMENTS: 1. Proclamation Extending State of Local Emergency – COVID-19, 04/05/2021 2. Proclamation Extending State of Local Emergency – COVID-19, 04/12/2021

Attachment 1

Attachment 2

FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT / AGENDA ITEM # 7c

SUBJECT: Resolution and Authorization to Transfer a Parcel Dedicated for Use as Affordable Housing.

DATE OF MEETING: April 19, 2021

OVERVIEW/SUMMARY: In 2016 parcel 07-11-31-7057-00300-0080 escheated to Flagler County due to nonpayment of taxes. Escheatment is a process by which lands are transferred to the County due to delinquent taxes. This property transferred to Flagler County in 2016 and was made available for affordable housing in 2018 via Resolution 2018-14. At this time Flagler Habitat For Humanity is requesting the property be transferred in accordance with Chapter 125.38 Florida Statues.

The parcels address is 3 Underwick Path. This is an oversized corner parcel located east of the Flagler County Airport within municipal Palm Coast.

The property is undeveloped and over 4/10 of an acre, most typical lots in Palm Coast are approximately 1/5 of an acre. The Flagler County Property Appraiser has a 2020 Just (Market) value of $16,275 for the property.

Chapter 125.38 Florida Statues provides that property may be transferred to a not for profit entity organized for the purpose of promoting community interest and welfare, and such property is not required for a county purpose, for whatever price the Board may fix, regardless of the actual value of such property.

FUNDING INFORMATION: N/A

DEPARTMENT CONTACT: Tim Telfer, Land Management (386) 313-4066

RECOMMENDATION: Request the Board approve the Resolution outlining the transfer of the Underwick Path property and authorize the County Administrator to execute any instruments necessary to effectuate the transfer, as approved to legal format by the County Attorney.

ATTACHMENTS: 1. Resolution

04/08/2021 Approved by Financial Services, John Brower BE Attachment 1

RESOLUTION NO. 2021 - ____

A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF FLAGLER COUNTY, FLORIDA, AUTHORIZING THE TRANSFER OF A CERTAIN PARCEL OF COUNTY LAND TO HABITAT FOR HUMANITY TO EXPAND ACCESS TO AFFORDABLE HOUSING; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Flagler County Board of County Commissioners (“County”) acquired title to a parcel of land located at 3 Underwick Path, Palm Coast, identified as Flagler County Property Appraiser Parcel Identification No. 07-11-31-7057-00300- 0080 in 2016, (the “Property”), which transferred to the County by virtue of escheatment tax deed; and

WHEREAS, Flagler County Resolution 2018-14 dedicated this Property to the purpose of affordable housing; and

WHEREAS, Section 125.38, Florida Statutes, authorizes the County to convey real property to non-profit corporations organized for the purposes of promoting community interest and welfare; and

WHEREAS, the Property is not required for County purposes; and

WHEREAS, Flagler Habitat For Humanity, Inc., (“Habitat For Humanity”) a registered not-for-profit corporation which promotes community interest and welfare, seeks to utilize the Property to further its mission of expanding access to affordable housing; and

WHEREAS, the County, in accordance with Section 125.38, Florida Statutes, hereby approves the conveyance of the Property.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF FLAGLER COUNTY, FLORIDA, THAT:

1. The above recitals are incorporated herein as findings of fact.

2. This Resolution is intended to satisfy the requirements of Section 125.38, Florida Statutes.

3. In consideration of one dollar, Flagler County hereby authorizes the conveyance of the Property to Habitat for Humanity to utilize in its mission of expanding access to affordable housing.

-1- 4. The County Administrator is authorized to execute any instruments, approved to legal form by the County Attorney, which are necessary to effectuate the conveyance of the Property as described herein.

APPROVED in open session by the Flagler County Board of County Commissioners in Bunnell, Florida, on this 19th day of April, 2021.

FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS

ATTEST: ______Donald T. O’Brien Jr., Chair ______Tom Bexley, Clerk of the Court And Comptroller

APPROVED AS TO FORM:

Digitally signed by Sean S. Sean S. Moylan Moylan ______Date: 2021.04.08 14:12:17 -04'00' Sean S. Moylan, Assistant County Attorney

-2-

FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT / AGENDA ITEM # 7d

SUBJECT: Consideration of a Budget Amendment to Recognize and Appropriate Unanticipated Revenue Due to an Award from the Federal Aviation Administration (FAA) Grant in the Amount of $57,162.

DATE OF MEETING: April 19, 2020

OVERVIEW/SUMMARY: On April 5th, 2021 the Board of County Commissioners approved the grant agreement for funding from the FAA under the Coronavirus Response and Relief Supplemental Appropriations Act. The FAA will distribute these grants under the new Airport Coronavirus Response Grant Program (ACRGP). The total grant amount is $57,162, however it has two components, General, which is funded at $23,000 and Contract Tower at $34,162. Funding for General relates to costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathogens at the airport, and debt service payments. Funding for Contract Tower is to cover lawful expenses to support FAA contract tower operations. There is no required match for the grant.

FUNDING INFORMATION: The FAA awarded a grant in the amount of $57,162.00, which will fund 100% of the allowable costs associated with General and Contract Tower expenses as outlined above at the Flagler Executive Airport. The grant funds will be appropriated with the approval of the attached Unanticipated Revenue Resolution.

DEPARTMENT CONTACT: Lacy Martin, Financial Analyst 386-313-4096

RECOMMENDATION: Request the Board approve the Unanticipated Revenue Resolution to appropriate funding.

ATTACHMENTS: 1. Grant Award Letter 2. Unanticipated Revenue Resolution

04/09/2021 Requested by Lacy Martin, Financial Analyst 04/09/2021 Approved by Financial Services Director, E John Brower BE Attachment 1

Attachment 2 RESOLUTION NO. 2021 -

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF FLAGLER COUNTY TO AMEND AIRPORT FUND 401 FOR THE FISCAL YEAR 2020-21 TO RECOGNIZE AND APPROPRIATE UNANTICIPATED REVENUE.

WHEREAS, the Flagler County Board of County Commissioners will receive $57,162 from The FAA; and

WHEREAS, Chapter 129, Florida Statutes, authorizes the Board of County Commissioners to amend, by resolution, its budget to provide for the receipt and expenditure of unanticipated funds.

NOW, THEREFORE, BE IT RESOLVED by the Flagler County Board of County Commissioners, in meeting assembled on the 19th day of April 2021, that the Airport Fund 401 be amended, as follows:

AIRPORT FUND 401

FUNDING SOURCES: 401-0000-331.41-23 FAA- Airport Development $57,162

EXPENDITURES: 401-8223-542.31-10 Operating Expenses $57,162

BOARD OF COUNTY COMMISSIONERS FLAGLER COUNTY, FLORIDA.

BY: Donald T. O’Brien Jr., Chair ATTEST:

APPROVED AS TO FORM:

Tom Bexley, Clerk of the Circuit Court and Comptroller Sean S. Moylan, Assistant County Attorney FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT / AGENDA ITEM # 7e

SUBJECT: Consideration of a Space Use Agreement between Flagler County and Flagler Tailwinds, Inc. D/B/A Highjackers.

DATE OF MEETING: April 19, 2021

OVERVIEW/SUMMARY: On May 21, 2001, the BoCC approved a County Airport Restaurant Lease for Florida Tailwinds, Inc. D/B/A Highjackers to lease approximately 5,288 sq. ft. of restaurant space and 41,447 sq. ft. of ground space for twenty years. The current lease expires on May 31, 2021 and does not contain any extension options. The owners of Highjackers Restaurant desire to enter into a new Space Use Agreement. Highjackers Restaurant has been a model tenant of the Flagler Executive Airport for nearly twenty years and is in good standing.

The Space Use Agreement for the Board’s consideration is for ten (10) years, with a ten (10) year renewal option. The monthly lease rate for the first year of the Agreement is $1,290.62, which is the current lease rate. This will provide the owners ample time to recover from the loss of business due to the COVID-19 pandemic. However, on the June 1, 2022 the monthly lease rate will increase to $3,000. Additionally, the lease will be adjusted annually according to the change in the Consumer Price Index. In addition to the monthly lease rate increase, the owners have agreed to approximately $165,000 in facility improvements to be completed in the first 10 years of occupancy. The renewal for the additional 10 years is contingent on the completion of the improvements found in Exhibit “C” of the Space Use Agreement. Improvements include painting, new entrance canopy, replace awnings, landscaping and remodeling of restrooms. The owners estimate an additional $75,000 will be spent on plumbing, electrical and general building maintenance over the term of the lease.

Highjackers Restaurant is a great feature of our airport and is one of the longest running and successful businesses at the Flagler Executive Airport.

FUNDING INFORMATION: This lease was anticipated during the FY20/21 budget process (Space Use Agreements 401-0000-344.10-20). The monthly rate increase to $3,000 will be recognized during the FY21/22 budget process.

DEPARTMENT CONTACT: Airport Director, Roy Sieger (386) 313-4220

RECOMMENDATION: Request the Board approve the Space Use Agreement for the County facility located at 202 Airport Road, Flagler Executive Airport to Flagler Tailwinds, Inc. D/B/A Highjackers.

ATTACHMENTS: 1. Proposed Space Use Agreement with attachments

03/19/2021 Submitted by Airport Director, Roy Sieger 04/12/2021 Approved by Financial Services Director, John Brower/LM Attachment 1

FLAGLER COUNTY SPACE USE AGREEMENT

FLAGLER COUNTY, a political subdivision of the State of Florida, (the “County”), by its execution hereof, hereby authorizes FLAGLER TAILWINDS, INC. D/B/A HIGHJACKERS (the “Tenant”), to occupy space at the Flagler Executive Airport for the purpose or purposes and on the terms and conditions hereinafter stated. The County and the Tenant are hereinafter collectively referred to as the “Parties” and individually referred to as “Party”.

1. Tenant. The name, address and telephone number of the Tenant is as follows:

Name: Highjackers Restaurant Address: 202 Airport Road Palm Coast, FL 32164

Contact: Lisa Setien Telephone: 386-586-6078 Fax: N/A E-mail: [email protected]

______

Tenant Financial Billing Contact(s):

Name: Highjackers Restaurant Address: 202 Airport Road Palm Coast, FL 32164

Telephone: 386-586-6078 Fax: N/A E-mail [email protected] ______

Tenant - 24 Hour Emergency Contacts – minimum of 2 contacts required

Name: Lisa Setien Address: 48 East Diamond Drive Palm Coast, FL 32164

Telephone: 386-627-1818 Telephone:

Page 1 of 25 ______

Name: Ted Bancroft

Address: 2546 South Central Avenue Flagler Beach, FL 32136

Telephone: 386-237-0506 Telephone: ______

2. Assigned Space. For and in consideration of the covenants and obligations specified in this Agreement, the County hereby leases 46,735 square feet of restaurant space located at 202 Airport Road, Palm Coast, Florida, as more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (hereinafter the “Assigned Space”), to the Tenant, and the Tenant leases the Assigned Space from the County, all subject to the terms, conditions and limitations herein expressed. The Assigned Space includes access to a paved car parking lot, entryways and driveways, as further depicted on Exhibit “B”, attached hereto and incorporated herein by reference.

3. Use of Assigned Space.

A. The Tenant shall use the Assigned Space for the operation of a restaurant which shall be open to the public. Said use and operations shall comply with all rules and regulations of the Federal Aviation Administration, the Florida Department of Transportation, the Flagler Executive Airport Master Plan, and applicable state and local rules, regulations and ordinances. The Tenant may also use the Assigned Space for any other legal and lawful purpose that is approved, in writing, by the County Administrator and providing such uses are in compliance with all federal, state, and local regulations, including but not limited to, permitting and parking.

B. The Parties agree that the manner in which the Assigned Space is used, developed, operated and maintained is important to the County by reason of its interest in having a premier airport facility for use by the County residents and visitors to the County. The Tenant therefore agrees to develop, operate and maintain the Assigned Space consistent with the standards agreed upon herein.

C. In no event shall the Assigned Space be used for any purpose which would constitute a public or private nuisance or waste, or any use not specifically permitted in this Agreement. The County shall have the right to terminate this Agreement in accordance with the procedures set forth in Paragraph 12(J), should Tenant utilize the Assigned Space in any manner inconsistent with the approved uses set forth herein.

D. Notwithstanding anything herein to the contrary, all activities conducted upon the Assigned Space shall be under the exclusive control, management and direction of the Tenant. Such activities shall include, but not be limited to, the operation of the Tenant’s activities, providing for security of the Assigned Space and of its property, and

Page 2 of 25 the maintenance and upkeep of the Assigned Space in a safe, neat and clean condition. The County will have no involvement or role in the conduct of the Tenant's business or operations in any manner.

4. Rent.

A. Rent Payments. Commencing on the Effective Date of this Agreement, the Tenant agrees to pay the County rent payments in the amount of $1,290.62 per month, plus applicable sales tax (“Rent”). Rent payments shall be paid, in advance, on the first day of each calendar month. The first payment shall be due upon execution of this Agreement. The first payment shall be in the amount of any pro-rated amounts due, in the event the Tenant takes possession of the Assigned Space prior to the 1st of the month. Commencing on June 1, 2022, Rent payments shall be in the amount of Three Thousand and No/100 Dollars ($3,000) per month, plus applicable sales tax.

B. Late Payment. Penalties for late payment shall begin to accrue after the tenth calendar day of each month at the rate of five percent (5%) for each month the Rent payment is late. If by the first day of the month following the delinquency, the Rent remains unpaid, a penalty of ten percent (10%) of the total monthly rental amount which remains unpaid shall be assessed and continuing thereafter for each month assessed at the same ten percent (10%) rate on the accrued delinquent, outstanding amount until the arrearage is completely paid.

C. Annual Adjustment to Rent. The Rent amounts payable herein shall be adjusted annually for the succeeding years of this Agreement, including any extended term of this Agreement, which adjustment shall be effective as of October 1 of each succeeding year, beginning with October 1, 2021. The adjustment shall be applied for any increases in the applicable Consumer Price Index “(CPI”). The CPI adjustment shall be based on the Consumer Price Index for All Urban Consumers, South Region, US City Average (reference base of 1982 – 1984 = 100), published by the US Bureau of Labor Statistics, comparing a 12-month time period ending on May 30. If the Bureau discontinues issuing the CPI, the Parties shall use the official index published by a federal government agency that is most nearly equivalent to the CPI. If no such index is available, then the Parties shall use such index or procedure that reasonably reflects increases in consumer prices in the Flagler County, Florida area. The County shall provide the Tenant with thirty (30) calendar days' notice of such adjustment, which shall become effective on the next Rent payment date following such thirty (30) calendar day notice. Notwithstanding anything contained herein to the contrary, the maximum annual adjustment to the Base Rent shall not exceed three percent (3%).

5. Effective Date/Term/Renewal.

A. This Agreement shall become effective on June 1, 2021 (the “Effective Date”).

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B. The Term of this Agreement will commence on the Effective Date and shall remain in full force and effect for a period of Ten (10) years thereafter (the “Initial Term”), unless sooner terminated in accordance with the terms and provisions hereof.

C. So long as the Tenant is not in default of any of the terms herein, has no payment arrearages, and has completed all of the items in Exhibit “C”, this Agreement may be renewed by the Tenant for one (1) additional ten (10) year term (the “Renewal Term”). The County shall advise the Tenant in writing in the event of a default that results in an extinguishment of the right to automatic renewal of this Agreement. Absent such notice, this Agreement shall automatically renew unless Tenant gives written notice of an election not to exercise this option at least ninety (90) days prior to the expiration of this Agreement. Such option shall thereafter be and become null and void and of no further force and effect.

6. Amount of Insurance Required. The following insurance is required to be carried by the Tenant, at its own cost and expense, throughout the Term of this Agreement. The amounts of such required coverages are:

Commercial General Liability $1,000,000 combined single limits, per occurrence based Fire Legal Liability $1,000,000 Pollution $1,000,000

Workers Compensation As required by the laws of Florida. Automobile Liability $1,000,000 Professional Liability (architects and $1,000,000 per occurrence engineers errors and omissions liability) Property Casualty Insurance Replacement cost of the facility at the time of Loss.

Prior to the Effective Date, the Tenant shall cause certificates of insurance to be furnished to the County, evidencing all such coverage and naming the County as an additional insured except with respect to Workers Compensation coverage. In addition, all such certificates shall provide that the policies shall not be cancelled, nor the limits thereunder reduced, without first providing at least thirty (30) calendar days’ written notice thereof to the County. The above coverage amounts may be increased if mandated by changes in state law.

7. Reserved.

8. Utility and Service Charges. The Tenant, at its sole cost and expense, shall obtain and promptly pay for all installation and monthly service charges for all utility, communication and other services furnished to, or consumed within, the Assigned Space, including, but not limited to, electricity, cable, water, sewer, heat, telephone, janitorial, grounds maintenance, solid waste handling and removal, including garbage pickup and any

Page 4 of 25 use of commercial dumpsters, and all charges related to any of these services, including any required tap-in, connection and/or user fees.

9. Improvements to Assigned Space.

A. RESERVED

B. Tenant Improvements. The County and the Tenant acknowledge that various improvements need to be made to the Assigned Space, and following the Effective Date, the Tenant shall design, permit and construct in compliance with all applicable governmental regulations, at its sole cost and expense, the improvements set forth in Exhibit “C” attached hereto and incorporated herein by reference (each individual improvement, a “Tenant Improvement” and collectively, the “Tenant Improvements”). Completion of each Tenant Improvement shall occur within the time frames designated in Exhibit “C” (each a “Completion Date”). For each Tenant Improvement, the Tenant shall select and engage qualified architects, engineers and other professionals, as necessary, and shall cause the preparation of design and construction documents for each Tenant Improvements, as applicable. Following preparation of the design and construction documents, the Tenant will provide a copy to the Airport Director, for review and approval, which shall not be unreasonably withheld, conditioned or delayed. Upon receiving approval, the Tenant shall obtain all necessary permits, approvals, and licenses required for the construction, use and occupancy of the Tenant Improvements. Prior to the commencement of each Tenant Improvement, the Tenant shall further provide, or cause to be provided, a payment and performance bond, or similar form of security including proof of cash on hand or readily available funds, in such forms and amounts as specified by the Airport Director in his sole discretion. Each Tenant Improvement shall be further subject to the following conditions:

(1) Any construction agreements entered into between the Tenant and a general contractor or other contractor in privity with the Tenant must provide that the County will not be liable for any work performed or to be performed for the Tenant, nor shall the County be liable for any of the financial consideration or other obligations under such agreements.

(2) Construction of the Tenant Improvements shall be in accordance with the design and construction documents as approved by the Airport Director.

(3) The performance and completion of work associated with each Tenant Improvement (which includes the labor and materials required to complete construction of each Tenant Improvement) shall be in a good and workmanlike manner, in accordance with the plans and specifications and all applicable governmental regulations.

(4) The Tenant shall select the means and methods of construction, using only adequate and safe procedures, methods and equipment.

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(5) The Tenant shall furnish, erect, maintain and remove any construction equipment and temporary structures that may be required to perform the work; be responsible for the safety, efficiency and adequacy of the construction equipment and methods used, and be responsible for any damage which may result from any failure of the construction equipment or any failure in the method of construction.

(6) The Tenant shall provide all architectural and engineering services, scaffolding, hoists, temporary structures, light, heat, power, temporary utility connections, equipment, tools, and materials and whatever else may be required for the proper performance of the work associated with each Tenant Improvement.

(7) The Tenant shall order and have delivered all materials required for the work associated with each Tenant Improvement and be responsible for properly securing, protecting and insuring the materials and making certain they remain in good condition.

(8) The Tenant shall maintain the Assigned Space in a clean and orderly condition at all times commensurate with the nature of the Airport, and promptly remove all paper, cartons and other debris from the Assigned Space.

(9) The Tenant shall protect all work associated with each Tenant Improvement prior to its completion and acceptance.

(10) In making each Tenant Improvement hereunder, if any damage is caused to any of the County’s property or improvements located either in or outside of the Assigned Space, the Tenant shall promptly repair or replace said damaged property or improvements at Tenant’s sole cost and expense.

(11) The Tenant shall carry on any construction, maintenance or repair activity associated with each Tenant Improvement with diligence and dispatch and shall use diligent effort to complete the work associated with each Tenant Improvement in the shortest commercially reasonable time under the circumstances.

(12) Upon receipt of a written request from the County, the Tenant shall assign in writing to the County all rights which Tenant may then possess against (x) any parties who prepared design or construction documents for the Tenant Improvements, and (y) all contractors, subcontractors and material suppliers for the Tenant Improvements, reserving to the Tenant the right to subsequently prosecute any claims against said parties that may arise as a result of any claims, action, loss, damage or expense sustained by the Tenant arising out of any of the construction documents for the Tenant Improvements or the construction of the Tenant Improvements.

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(13) Upon completion, deliver to the Airport Director an “as built” survey and “as built” plans and specifications for each Tenant Improvements, if applicable, and a copy of the final inspection certificates.

(14) For the separate consideration of ten dollars and other valuable consideration paid to it by the County, receipt of which is hereby acknowledged, the Tenant agrees to indemnify, defend and hold the County, its officers, employees and agents harmless from and against all liabilities, losses, damages (including theft and loss of use), expenses, actions, demands and claims (including reasonable attorneys’ fees) in connection with or arising out of any physical injury or alleged physical injury to persons (including death), or damages or losses or alleged damages or losses to tangible property or the use or loss of use thereof, sustained or alleged to have been sustained in connection with or to have arisen out of the design or construction of the Tenant Improvements except to the extent caused by the County’s willful misconduct or gross negligence.

C. Signage. Lessee shall be permitted to install one (1) sign on the building and one (1) sign at the main entranceway of the Airport. Such signage shall comply with the Flagler County Land Development Code, Article VII, and other provisions of the Flagler County Code, as amended and/or supplemented from time to time. The installation and maintenance of such signage shall be at the sole expense of the Lessee.

10. Ownership of Improvements. All furnishings, inventory, machinery, and equipment constructed or installed on the Assigned Space by the Tenant shall be the property of the Tenant, and the Tenant shall have legal title thereto during the Term of this Agreement. Upon the expiration or termination of this Agreement, title to all permanent improvements constructed on the Assigned Space and any fixtures therein shall automatically revert to, and vest in, the County without necessity of any act by the Tenant. Notwithstanding the foregoing, upon expiration or termination of this Agreement, the Tenant shall be authorized to remove and retain in Tenant’s possession all furnishings and equipment related to the preparation and serving of food to customers (“Trade Fixtures”) as provided in Paragraph 12.K below. However, the Parties agree that, to confirm the automatic vesting of title as provided for herein, each will execute and deliver such further assurances and instruments of assignment and conveyance as may be reasonably required by the other for that purpose.

11. Interest of County Not Subject to Liens. It is mutually agreed that neither the fee simple title to the leased land, nor any interest of the County in the Assigned Space, may be subject to liens of any nature arising by reason of any act or omission of the Tenant or any person claiming under, by or through the Tenant, including but not limited to, mortgage liens, mechanics’ and materialmen’s liens. If, because of the Tenant’s act or omission, any construction lien, claim of lien or professional lien is filed pursuant to Florida Chapter 713 or any successor law against the County on any portion of the Assigned Space, or in the

Page 7 of 25 event any other type of lien is filed against the County on any portion of the Assigned Space, the Tenant shall, at its own expense and cost, cause said liens to be discharged, released or satisfied within ninety (90) days from the date of filing of any such lien.

12. General Terms and Conditions.

A. Repairs and Maintenance Generally. The Tenant, at its own cost and expense, shall keep the Assigned Space and all improvements, equipment, fixtures, furnishings and other property installed within the Assigned Space, in good condition and repair, in a clean and attractive condition, and free of impairment from physical deterioration and functional obsolescence. The Tenant shall be responsible for maintenance and for making repairs to all portions of the Assigned Space during the term of this Agreement. The Tenant shall use all reasonable precaution to prevent waste, damage or injury to the Assigned Space. Should the Tenant fail to keep and maintain the Assigned Space in good condition and repair or shall fail to use all reasonable precaution to prevent waste, damage or injury to the Assigned Space, the Tenant shall be deemed to be in default, pursuant to Paragraph 12(J).

B. Maintenance By Default. In the event the Tenant does not cure the breach of its duty to maintain the Assigned Space, the County shall have the option in its sole discretion to perform the maintenance and to recover such costs from the Tenant. The Tenant shall promptly pay or reimburse the County for the cost of any and all maintenance, replacement and repair which may be required to restore the Assigned Space and any of its improvements, fixtures, equipment and mechanical systems as a result of the neglect of, or loss or damage caused by, the Tenant or any of its officers, employees, agents, invitees or licensees, or which otherwise results from the Tenant's use or occupancy of the Assigned Space, reasonable use and wear excepted. The County shall have the right, at any time and from time to time, to cause maintenance to be performed and repairs to be made in and to the Assigned Space and the improvements, fixtures, equipment and mechanical systems located therein, and the term of this Agreement shall not be extended nor shall there be any abatement of the sums payable to the County hereunder by reason thereof. The Tenant shall promptly pay or reimburse the County for the cost to the County of any and all maintenance, replacement and repair which may be required to restore the Assigned Space and any of its improvements, fixtures, equipment and mechanical systems as a result of the neglect of, or loss or damage caused by, the Tenant or any of its officers, employees, agents, invitees or licensees, or which otherwise results from the Tenant’s use or occupancy of the Assigned Space. Any sums not paid by Tenant within thirty (30) days from the date of County’s invoice(s) for its costs incurred under this subparagraph shall be treated as additional Rent owed to County by Tenant and shall be treated under the same provisions as are applicable to delinquent rental payments. Further, the performance of maintenance and repair by the County shall in no event be construed as a waiver of the Tenant’s duty to maintain and repair as herein provided.

C. Tenant’s Property. Any and all property belonging to, or brought onto the Assigned Space by, the Tenant or any of its officers, employees, agents, invitees or licensees shall be at the sole risk of the Tenant. The Tenant may place and install trade fixtures and other personal property on the Assigned Space for use in connection with its

Page 8 of 25 operations hereunder. The Tenant shall, however, be responsible for the cost of repairing any damage to the Assigned Space or any other improvements which are caused by the installation or removal of any such trade fixtures and personal property. For purposes of this Agreement, the phrase “trade fixtures” is defined as any article of personal property annexed or affixed to the Assigned Space by the Tenant as a necessary part of the Tenant's trade or business, and other lawfully present personal property on the Assigned Space.

D. County’s Right to Enter. The County and its designated agents shall have the right to enter the Assigned Space at any reasonable time upon reasonable notice for inspection, maintenance, repair, or any other lawful purpose, upon no less than 24 hours prior notice. In emergency situations, where loss or damage to the Assigned Space is occurring or imminent, the County may enter any portion of the Assigned Space for the purpose of controlling the emergency situation, without prior notice.

E. Access. The Tenant and its officers, employees, agents and invitees shall be subject to the Airport minimum standards as currently in effect or as may be amended from time to time, along with all laws, rules and regulations of the County, State, or Federal Government, and the Tenant shall have the right of ingress and egress to and from the Assigned Space, as illustrated on Exhibit “B”.

F. Taxes and Assessments. The Tenant shall pay, on or before the due date established therefor all taxes, assessments (including, without limitation, storm water utility charges) and impact fees which are levied against or in connection with the Assigned Space, the Tenant’s interest therein and the property and improvements of the Tenant for the Term hereof or attributable to the Tenant’s activities at the Assigned Space or at the Airport. If the Term of this Agreement expires or is earlier terminated prior to the close of the tax year for which any such tax is payable, or if the term of this Agreement commences on a date other than the first day of such tax year, the Tenant shall be responsible for paying a percentage of the tax calculated by dividing the number of days that this Agreement was in effect during such tax year by the total number of days of the applicable tax year. If this Agreement is in effect for a period less than any entire period for which an assessment other than a tax is imposed, the Tenant shall pay a percentage of the assessment calculated by dividing the number of days this Agreement was in effect during that assessment period by the total number of days in the assessment period. The Tenant’s obligations under this Paragraph 12(F) shall survive the expiration or earlier termination of this Agreement. Nothing contained herein shall be construed as a release or waiver on the part of the County, as a political subdivision of the State of Florida, of the right to assess, levy or collect any license, personal, tangible, intangible, occupation or other tax, fee or assessment which the County may lawfully impose on the business or property of the Tenant.

G. Rules and Regulations. The Tenant covenants and agrees to observe and comply with all Airport minimum standards, along with all laws, rules, and regulations of the County which now exist or may hereafter be promulgated or amended from time to time, governing conduct on and operations at the Airport and the use of its facilities. The Tenant further covenants and agrees to observe and comply with any and all valid and applicable requirements of all duly constituted public authorities and with all federal, state and local statutes, ordinances and regulations applicable to the Tenant, the Assigned Space,

Page 9 of 25 or the Airport. The Tenant agrees to pay or reimburse the County for any fines which may be assessed against the County as a result of the violation by the Tenant of any applicable security regulation at the Airport, which payment shall be made by the Tenant within fifteen (15) calendar days from the date of the County’s invoice for such amount and documentation showing that payment of such fine is the Tenant’s responsibility hereunder. Any sums not timely paid shall be treated as additional Rent owed to the County by the Tenant and shall be treated under the same provisions as are applicable to delinquent rental payments.

H. Indemnification. The Tenant agrees to indemnify, defend and hold harmless the County, and the members (including, without limitation, members of the Flagler County Board of County Commissioners), officers, employees and agents of each, from and against liability (including, without limitation, liability under the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC Section 9601, et seq., or any other federal, state or local environmental statute, ordinance regulation or rule), losses, suits, claims, demands, judgments, damages, fines, penalties, costs and expenses (including all costs for investigation and defense thereof, including, but not limited to, court costs, expert fees and reasonable attorneys' fees prior to institution of legal proceedings and at both trial and appellate levels), which may be incurred by, charged to or recovered from any of the foregoing: (i) by reason or on account of damage to or destruction of any property of the County, or any property of, injury to or death of any person resulting from or arising out of the acts or omissions of the Tenant’s officers, agents, employees, contractors, subcontractors, invitees or licensees, regardless of where the damage, destruction, injury or death occurred, unless such liability, loss, suit, claim, demand, judgment, damage, fine, penalty, cost or expense was proximately caused primarily by the County’s negligence or by the joint negligence of the County and any person other than the Tenant or its officers, agents, employees, contractors, subcontractors, invitees or licensees, or (ii) arising out of the failure of the Agreement to keep, observe or perform any of the covenants or agreements in this Agreement to be kept, observed or performed by the Tenant. The provisions of this subparagraph shall survive the expiration or earlier termination of the Term of this Agreement with respect to any acts or omissions occurring during the Term of this Agreement.

The foregoing provisions of this subparagraph are not intended and shall not be construed to limit in any manner whatsoever the protection or benefits to which the County otherwise would be entitled as an additional insured under any liability insurance maintained or required to be maintained by the Tenant under this Agreement.

I. Assignment and Subletting. This Agreement is personal to the Tenant. Accordingly, the Tenant may not assign this Agreement or sublet any portion of the Assigned Space without the express prior written consent of the County, which may be withheld at its sole discretion. Such discretion shall be in good faith and approval shall not be unreasonably withheld. The County shall have 90 days to review and request by the Tenant to assign or sublet. In the event written consent is granted by the County, the Tenant shall provide the County with copies of the sublease(s) and any amendments thereto. Any purported assignment or sublet without the express written consent of the County, and any failure to provide the County with a sublease, if approved, or amendments thereto, shall be

Page 10 of 25 considered void from their inception, and shall be grounds for the immediate termination of this Agreement.

J. Defaults and Remedies.

(1) Defaults by Tenant. The occurrence of any of the following events and the expiration of the applicable cure period set forth below without such event being cured or remedied will constitute a “Default by Tenant” to the greatest extent allowed by law:

a. Tenant’s failure to pay Rent due under this Agreement, and the failure to pay is not cured within ten (10) calendar days after written notice has been given by the County to Tenant.

b. Abandonment of Assigned Space, or discontinuation of the Tenant’s operations.

c. Tenant’s material misrepresentation of any matter related to this Agreement.

d. Filing of insolvency, reorganization plan, or arrangement of bankruptcy.

e. Adjudication as bankrupt.

f. Making a general assignment for the benefit of creditors.

g. If Tenant suffers this Agreement to be taken under any writ of execution and/or other process of law or equity.

h. Tenant’s failure to utilize the Assigned Space as required in this Agreement.

i. Any lien is filed against the leased land, or the County’s interest therein or any part thereof in violation of this Agreement, or otherwise, and the same remains unreleased for a period of sixty (60) days from the date of filing unless within such period Tenant is contesting in good faith the validity of such lien and such lien is appropriately bonded.

j. Failure of Tenant to perform or comply with any material covenant or condition made under this Agreement, which failure is not cured within ninety (90) days from the date of the County’s written notice stating the noncompliance shall constitute a default (other than those covenants for which a different cure period is provided), whereby the County may, at its option, terminate this Agreement by giving Tenant thirty (30) days’ written notice unless the default is fully cured within that thirty (30) day notice period (or such additional time as is agreed to in writing by the County as being reasonably required to correct such default). However, the occurrence of any of the events set forth above shall in subparagraph (1)(d), (e), (f) and (g) above, or (l) below, constitute a material breach and

Page 11 of 25 default by Tenant, and this Agreement may be immediately terminated by County except to the extent then prohibited by law.

k. Failure to continuously abide by all the insurance provisions required in Paragraph 6, and the failure to comply is not cured within ten (10) calendar days after written notice has been given by the County to the Tenant.

l. An attempt is made by the Tenant to mortgage the leasehold estate created herein, or to assign or sublet this Agreement in violation of Paragraph 12(I).

(2) Remedies of County.

a. In the event of the occurrence of any of the foregoing defaults, the Tenant shall become immediately a tenant-at-sufferance in accordance with Florida law, and County, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all individuals, entities and/or property from the Assigned Space. Such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of, the Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. If the Tenant does not cure the defaults in the time frames as set forth above, and the County has removed and stored property, the County shall not be required to store such property for more than thirty (30) days. After such time, such property shall be deemed abandoned and the County shall dispose of such property in any manner it so chooses and shall not be liable to the Tenant for said disposal.

b. The County may sue for direct, actual damages arising out of such default by the Tenant or apply for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of the Tenant under this Agreement or otherwise. For this purpose, Tenant agrees that County need not post a surety bond with the court and the right to any bond is hereby waived. The County shall be entitled to reasonable attorneys’ fees and costs incurred arising out of the Tenant’s default under this Agreement.

K. Surrender at End of Term/Termination.

(1) At the end of the Term or upon the earlier termination of this Agreement, the Tenant agrees to surrender and yield possession of the Assigned Space, improvements constructed thereon and fixtures to the County, peacefully and without notice, free and clear of all debts, mortgages, encumbrances and liens. It shall be lawful for the County to re-enter and to repossess the improvements without further process of law.

(2) The improvements and fixtures shall be in good condition and repair in all respects, reasonable use and wear excepted, and the Tenant agrees to reimburse the County for the cost of any alterations, replacement, repairs or cleaning required to restore the same to such condition.

(3) The Tenant may remove furnishings, inventory, personal property, Trade Fixtures and any improvements not a part of any structure upon the expiration or

Page 12 of 25 termination of this Agreement if the removal can be done in a manner that does not injure or damage the Assigned Space. If the Tenant fails to remove such personal property and improvements within ten (10) days after the effective date of the expiration or termination, or within ten (10) days from the date of written notice by the County, whichever is later, the County may remove and dispose of any improvements and personal property not removed by the Tenant. In that case, the Tenant is deemed by this Agreement to have sold, assigned and transferred to the County all of the Tenant’s right, title and interest in the improvements and personal property not removed by the Tenant.

(4) The Parties agree that, to confirm the automatic vesting of title as provided for herein, each will execute and deliver such further assurances and instruments of assignment and conveyance as may be reasonably required by the other for that purpose.

L. Holding Over. It is agreed that if the Tenant, or any assignee or subtenant thereof, shall continue to occupy the Assigned Space after any termination of this Agreement without the prior written consent of the County, then such tenancy shall be a tenancy-at-sufferance, the County shall be entitled to double the monthly rent specified in Paragraph 4 hereof, and acceptance by the County of any sums after any such termination shall not constitute a renewal of this Agreement or a consent to such occupancy, nor shall it waive the County’s right of re-entry or any other right available to it under the laws of Florida or the provisions of this Agreement.

M. Costs and Attorneys' Fees. In the event that either party uses the services of an attorney to collect any sums due hereunder from the other party, or to pursue any remedies or resolution related to a default hereunder, or in the event a party is the prevailing party in any action to enforce any provision of this Agreement or in any other legal proceeding at law or in equity arising hereunder or in connection herewith, including any bankruptcy or bankruptcy appeals, the non-prevailing party shall reimburse the prevailing party for all reasonable costs, attorneys' fees and all other actual expenses incurred by the prevailing party, whether the prevailing party uses in-house or contracted counsel, in the defense and/or prosecution of such legal proceeding and in any appeals, including, but not limited to, fees and expenses for paralegals, investigators, legal support personnel and expert witnesses.

N. Notice. Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by certified mail, return receipt requested:

If to Tenant, addressed to:

Highjackers Restaurant 202 Airport Road Palm Coast, FL 32164

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If to County, addressed to:

Airport Director, Flagler Executive Airport 201 Airport Road Palm Coast, FL 32164

With a second copy to: County Administrator 1769 E. Moody Boulevard Building 2 Bunnell, FL 32110

O. Sums Paid by County. If the County has paid any sum or sums or has incurred any obligation or expense which the Tenant has agreed to pay or reimburse the County for, or if the County is required or elects to pay any sum or sums or incurs any obligation or expense because of the failure, neglect or refusal of the Tenant to perform or fulfill any of the terms or conditions of this Agreement, then the same shall be deemed additional Rent due hereunder and the Tenant shall reimburse the County therefor promptly upon demand. Any unpaid sums shall be treated under the same provisions as are applicable to delinquent Rent payments.

P. Reserved.

Q. Brokerage Commissions. Unless expressly provided otherwise herein, the Tenant warrants that no real estate commission is payable by the County to any person or entity in connection with this Agreement, and the Tenant does hereby agree to indemnify, defend, and hold completely harmless the County from and against any and all liabilities, costs, and expenses (including all costs for investigation and defense thereof, including, but not limited to, court costs, expert fees and reasonable attorneys' fees prior to institution of legal proceedings and at both trial and appellate levels) incurred by the County as a result of any claims therefor.

R. County’s Reserved Rights.

(1) Subject to the approval of the Tenant, which shall not be unreasonably withheld, the County reserves the right for itself and others to utilize and maintain existing utility easements over, under, across and through the Assigned Space, and to run water, electrical, telephone, gas, drainage and other lines over, under, across and through the Assigned Space and to grant necessary utility easements therefor.

(2) The County reserves the right (a) to further develop, improve, repair and alter the Airport and all roadways, parking areas, terminal facilities, landing areas and taxiways as it may reasonably see fit, free from any and all liability to the Tenant for loss of business or damages of any nature whatsoever to the Tenant occasioned during the making of such improvements, repairs, alterations and additions, including but not limited to any damages resulting from negligence of the County or its employees, agents or contractors, and (b) to establish such fees and charges for the use of the Airport by the

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Tenant and all others as the County may promulgate for the Airport. In the event that improvements, repairs and/or alterations are made as contemplated herein, the County will endeavor to provide Tenant forty-five days advance written notice and to minimize disruptions to the Tenant that may occur during any associated construction activities including by providing practical, temporary access to the Leased Premises if necessary.

(3) The Tenant covenants and agrees that this Agreement shall be subject and subordinate to the provisions of any existing or future agreement between the County and the United States Government relative to the operation or maintenance of the Airport, the execution of which has been or will be required as a condition precedent to the granting of federal funds for the development or operation of Airport. In the event that the Federal Aviation Administration or its successors shall require any modifications to this Agreement as a condition precedent to the granting of such federal funds, the Tenant shall promptly consent in writing to such modifications.

S. Discrimination Not Permitted.

(1) The Tenant, for itself, its successors in interest and its assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (a) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Assigned Space or the Airport under the provisions of this Agreement; (b) that in the construction of any improvements on, over or under the Assigned Space and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; and (c) that the Tenant shall use the Assigned Space in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary of Transportation, Part 21, Non-discrimination in Federally-assisted programs of the Department of Transportation-effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

Likewise, the Tenant shall comply with laws of the State of Florida prohibiting discrimination because of race, color, religion, sex, national origin, age, handicap or marital status. Should the Tenant authorize another person, with the County’s prior written consent, to provide services or benefits from the Assigned Space or at the Airport, the Tenant shall obtain from such person a written agreement pursuant to which such person shall, with respect to the services or benefits which it is authorized to provide, undertake for itself the obligations contained in this paragraph. The Tenant shall furnish the original or a true copy of such agreement to the County. The County may from time to time be required by the United States Government, or one or more of its agencies, to adopt additional or amended provisions, including non-discrimination provisions, concerning the use and operation of the Airport, and the Tenant agrees that it will adopt any such requirement as a part of this Agreement.

(2) If the Tenant shall furnish any services to the public at the Airport, it shall furnish said services on a fair, equal and not unjustly discriminatory basis to all

Page 15 of 25 users thereof and shall charge fair, reasonable and not unjustly discriminatory prices for each unit of service, provided that the Tenant shall be allowed to make reasonable and non- discriminatory discounts, rebates or other similar types of price reductions.

(3) In the event of breach of any of the above nondiscrimination covenants, the County shall have the right to terminate this Agreement and to re-enter and repossess the Assigned Space, and hold the same as if this Agreement had never been made or issued. The right granted to the County by the foregoing sentence shall not be effective until applicable procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights.

(4) Further, the Tenant assures the County that no person shall be excluded on the grounds of race, creed, color, national origin or sex from participating in or receiving the services or benefits of any program or activity covered by Title 14, Code of Federal Regulations, Part 152, Subpart E, Non-discrimination in Airport Aid Program, and that it will be bound by and comply with all other applicable provisions of such Subpart E, as it may be amended. The Tenant also assures the County that it will require its covered suborganizations to provide written assurances to the same effect and provide copies thereof to the County.

(5) The Tenant assures the County that the Tenant will comply with pertinent statutes, Executive Orders, and such rules as are promulgated and that no person shall, on the grounds of race, creed, color, national origin, sex, age or handicap be excluded from participating in any activity conducted in connection with its operations under this Agreement. The Tenant also assures the County that it will require any contractors and subtenants (to the extent that such subtenants are allowed under other provisions of this Agreement) to provide assurances to the same effect and ensure that such assurances are included in subcontracts at all tiers which are entered into in connection with the Tenant’s operations under this Agreement.

T. Federal Aviation Administration Requirements.

(1) The Tenant shall comply with all applicable regulations of the Federal Aviation Administration relating to Airport security and shall control the Assigned Space so as to prevent or deter unauthorized persons from obtaining access to the air operations area of the Airport.

(2) The County reserves unto itself, and unto its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft through the airspace above the surface of the Assigned Space, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used, and for navigation of or flight in the said airspace, and use of said airspace for landing on, taking off from or operating on the Airport.

(3) The Tenant expressly agrees, on behalf of itself and its successors and assigns, to restrict the height of structures, objects of natural growth and other

Page 16 of 25 obstructions on the Assigned Space in compliance with the requirements of Federal Aviation Regulations, 14 CFR Part 77.

(4) The Tenant agrees to require any lights in the Assigned Space to be constructed, focused or arranged in a manner that will prevent them from casting their beams in an upward direction so as to interfere with the vision of pilots in aircraft landing at or taking off from the Airport.

(5) The Tenant expressly agrees, on behalf of itself and its successors and assigns, to prevent any use of the Assigned Space which would interfere with or adversely affect the operation or maintenance of the Airport, or which would otherwise constitute a hazard or nuisance at the Airport.

(6) The Tenant agrees that it will not exercise or grant any right or privilege which would operate to prevent any person, firm or corporation operating aircraft on the Airport from performing any service (including, but not limited to maintenance and repair) on its own aircraft with its own employees that it may choose to perform.

(7) All vehicles shall remain outside of the Airport Operating Area (AOA). All portions of aircraft parked on the concrete aircraft parking apron shall remain clear of the Taxiway Object Free Area (TOFA) at all times.

U. Hazardous Materials.

(1) Definitions. As used herein, the following terms shall have the meanings hereinafter set forth:

i. “Environmental Laws” shall mean any federal, state, local or administrative law, rule, regulation, order or requirement relating to industrial hygiene, environmental conditions or Hazardous Materials, whether now in effect or hereafter adopted.

ii. “Hazardous Materials” shall mean any material that, because of its quantity, concentration or physical or chemical characteristics, is deemed by any federal, state or local governmental authority to pose a present or potential hazard to human health or safety or to the environment. “Hazardous Material” includes, without limitation, any material or substance defined as a “hazardous substance,” or “pollutant” or “contaminant” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, also commonly known as the “Superfund” law, as amended (42 U.S.C. Sections 9601 et seq.) (“CERCLA”), or pursuant to Chapters 376 and 403, Florida Statutes; any “hazardous waste” listed pursuant to Section 403.72, Florida Statutes, or any waste which conforms to the criteria for hazardous material adopted by the County; any asbestos and asbestos containing materials; lead based paint; petroleum, including crude oil or any fraction thereof; natural gas or natural gas liquids; and any materials listed as a hazardous substance in the County’s rules and regulations.

Page 17 of 25

iii. “Release” when used with respect to Hazardous Material shall include any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into or on any property.

(2) Tenant’s Agreement. The Tenant agrees that neither it nor its officers, agents, employees, contractors, subcontractors, subTenants, licensees or invitees shall cause any Hazardous Materials to be brought upon, kept, used, stored, generated or disposed of in, on or about the Airport, or transported to or from the Airport.

(3) Environmental Indemnity. The Tenant shall indemnify, defend and hold harmless the County from and against any and all loss, damage, cost or expense (including attorneys' fees) arising during or after the term of this Agreement as a result of or arising from (i) a breach by the Tenant of its obligations contained in Subparagraph (2) above, or any Release of Hazardous Materials from, in, or about the Airport caused by the act or omission of the Tenant, its officers, agents, employees, contractors, subcontractors, subtenants, licensees or invitees.

(4) Environmental Audit. Upon reasonable notice to the Tenant, the County may conduct or cause to be conducted through a third party that it selects, an environmental audit or other investigation of the Tenant’s operations to determine whether the Tenant has breached its obligations under Subparagraph (U)(2) above. The Tenant shall pay all costs associated with said investigation if such investigation shall disclose any such breach by the Tenant.

V. Miscellaneous.

(1) The paragraph headings contained in this Agreement are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or intent of any provision hereof.

(2) Notwithstanding anything herein contained that may appear to be to the contrary, it is expressly understood and agreed that, except for the Tenant’s right to possession of the Assigned Space, the rights granted under this Agreement are non- exclusive.

(3) Except as expressly prohibited herein, the provisions of this Agreement shall bind and inure to the benefit of the successors and assigns of the Parties hereto.

(4) Time is of the essence to this Agreement.

(5) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, except for its conflict of law provisions. It is agreed that if any covenant, condition or provision contained herein is held to be invalid by any State of Florida court of competent jurisdiction, such invalidity shall not affect the validity of any other covenant, condition or provision herein contained.

Page 18 of 25

(6) No recourse under or upon any obligation, covenant or agreement contained in this Agreement, or any other agreement or document pertaining to the operations of the Tenant hereunder, as such may from time to time be altered or amended in accordance with the provisions hereof, or under any judgment obtained against the County, or by the enforcement of any assessment or by any legal or equitable proceeding by virtue of any statute or otherwise, under or independent of this Agreement, shall be had against any member (including, without limitation, members of the Flagler County Board of County Commissioners), officer, employee or agent, as such, past, present and future, of the County, either directly or through the County, or otherwise, for any claim arising out of this Agreement or the operations conducted pursuant to it, or for any sum that may be due and unpaid by the County. Any and all personal liability of every nature, whether at common law or in equity, or by statute or by constitution or otherwise, of any County member, officer, employee or agent, as such, to respond by reason of any act or omission on his or her part or otherwise for any claim arising out of this Agreement or the operations conducted pursuant to it, or for the payment for or to the County, or any receiver therefor or otherwise, or any sum that may remain due and unpaid by the County, is hereby expressly waived and released as a condition of and as consideration for the execution of this Agreement.

(7) The Tenant represents and warrants to the County that no member, officer, employee or agent of the County has any material interest, either directly or indirectly, in the business of the Tenant to be conducted hereunder.

(8) This Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof, and any representation or statements heretofor made with respect to such subject matter, whether oral or written, are merged herein. This Agreement may be altered or amended only by written instrument specifically referring to this Agreement and executed by both parties hereto with the same formalities as the execution of this Agreement.

(9) As required by Florida law, the County hereby includes the following notifications as part of this Agreement:

RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit.

PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,

Page 19 of 25

may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of $15,000 for a period of 36 months from the date of being placed on the convicted vendor list.

(10) The exclusive jurisdiction and venue for any action to interpret and/or enforce the terms of this Agreement shall be in the Seventh Judicial Circuit Court in and for Flagler County, Florida.

(11) Nothing in this Agreement shall abrogate or waive the County’s Sovereign Immunity or the provisions of § 768.28, Florida Statutes.

(12) Continued performance by either Party hereto pursuant to any provision of this Agreement after a default of any provision herein shall not be deemed a waiver of any right to cancel this Agreement for any subsequent default, and no waiver of any such default shall be construed or act as a waiver of any subsequent default.

(13) Recordation. This Agreement shall be recorded by the County in the Official Records of Flagler County, Florida, within fourteen (14) days after the County enters into this Agreement.

(14) Relationship of the Parties. Nothing in this Agreement shall be construed by the Parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the Parties hereto, it being understood and agreed that neither the method of computation of Rent, nor any other provision contained herein, nor any acts of the Parties herein, shall be deemed to create any relationship between the Parties hereto other than the relationship of County and Tenant.

(15) Possession. The Tenant shall be granted possession of the Assigned Space immediately upon the Effective Date of this Agreement and shall be entitled to full use of said Assigned Space subject to the terms hereof.

(16) No Third Party Beneficiary. This Agreement is made solely and specifically among and for the benefit of the Parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person has or will have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise.

[The Remainder Of This Page Intentionally Left Blank]

Page 20 of 25

APPROVED by Flagler County this 19th day of April, 2021.

FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS

By: ______Donald T. O’Brien Jr., Chair

Date Signed: ______

ATTEST: APPROVED AS TO FORM:

______Tom Bexley, Clerk of the Al Hadeed, Circuit Court and Comptroller County Attorney

[Signature page to follow.]

Page 21 of 25 TENANT

______By:______Witness Signature

______Print Name Print Name

______Witness Title

______Print Name

Date Signed: ______

STATE OF ______) COUNTY OF ______)

The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this ______day of ______, 2021, by ______, who swore or affirmed that he/she is authorized to enter into this Agreement and to bind Flagler Tailwinds, Inc. d/b/a Highjackers. Such person(s) (Notary Public must check applicable box):

[______] is/are personally known to me. [______] produced valid government issued identification.

______(SEAL) Notary Public

Page 22 of 25

SR-100 SR-100

SR-100

AIRPORT ROAD

AVIATION DRIVE

OLD MOODY BLVD

AVIATION DRIVE

RESTAURANT, 202 AIRPORT ROAD

Page 24 of 25 EXHIBIT C

1. Paint exterior of building and repair fix all damaged wood to structure. Estimated cost: $14,000.00 Completion Date: On or before June 1, 2022

2. Replace front entrance metal canopy with a modern wooden canopy. Estimated cost: $7,500.00 Completion Date: On or before June 1, 2022

3. Replace all awnings around building. Estimated cost: $6,000.00 Completion Date: On or before June 1, 2023

4. Replace and refinish all flooring throughout the interior of the structure. Estimated cost: $15,000.00 Completion Date: On or before June 1, 2024

5. Update the front north side of the restaurant with a new brick paver pathway from parking area to front door, including an extended round brick area with benches for a seating area, update landscape, lighting and tree removal. Estimated cost: $15,000.00 Completion Date: On or before June 1, 2026

6. Update the south outdoor area with new landscaping and lighting, including the playground area and band stage. Estimated cost: $10,000.00 Completion Date: On or before June 1, 2026

7. In the back of the restaurant, replace all wood fencing around dumpster area and parking area, resurface employee parking lot with crush concrete. Estimated cost: $6,000.00 Completion Date: On or before June 1, 2028

8. Remodel Men's and Ladies’ restrooms. Estimated cost: $15,000.00 Completion Date: On or before June 1, 2028

9. Replace the roof. Estimated cost: $27,500.00 Completion Date: On or before June 1, 2031

10. Replace A/C units Estimated cost: $6,000.00 per unit Completion Date: As needed

Page 25 of 25 FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT / AGENDA ITEM # 7f

SUBJECT: Consideration of a Resolution and a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) in the Amount of $117,000 to Assist with Funding for T-Hangar Design at the Flagler Executive Airport.

DATE OF MEETING: April 19, 2021

OVERVIEW/SUMMARY: Staff is bringing forward for consideration a Resolution and an FDOT Public Transportation Grant Agreement (PTGA) in the amount of $117,000, which will fund 100% of the design costs for a T-hangar project.

The proposed project will include the design of three (3) new T-Hangar buildings. The proposed layout contains three (3) buildings, each containing fourteen (14) units, for a total of forty-two (42) units. Included in the design are restroom facilities for both men and women, utility extension from Aviation Drive to the project site (water, wastewater and power), taxilanes for aircraft access to Taxiway’s “A” and “G” and vehicle access to meet County standards. This project is consistent with the approved Master Plan updated in 2015.

The Flagler Executive Airport continues to have unmet demand for T-Hangar space. The airport currently has 56 T-Hangars, which are all occupied. The T-Hangar waiting list has 79 individuals on it, with an average waiting period of approximately two (2) years to get a hangar. The additional hangars will increase revenues at the airport through leasing the units and fuel sales.

FUNDING INFORMATION: The FDOT is offering a PTGA in the amount of $117,000, which will fund 100% of the costs for this project. Funding was not anticipated in the FY20-21 budget for this project. The grant funds will be appropriated with the approval of the attached Unanticipated Revenue Resolution.

DEPARTMENT CONTACT: Airport Director, Roy Sieger (386) 313-4220

RECOMMENDATIONS: Request the Board approve the PTGA and adopt the Resolution authorizing the Chairman to execute the agreement and authorize the Airport Director to execute all necessary documents associated with accepting and implementing said agreement, including any amendments and extensions approved as to form by the County Attorney.

ATTACHMENTS: 1. FDOT Public Transportation Grant Agreement (PTGA) 2. Resolution in support of the Public Transportation Grant Agreement 3. Unanticipated Revenue Resolution

04/06/2021 Submitted by Airport Director, Roy Sieger 04/10/2021 Approved by Financial Services Director, E. John Brower BE Attachment 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGC 02/20

Financial Project Number(s): Fund(s): DPTO FLAIR Category: 088719 (item-segment-phase-sequence) 448984-1-94-01 Work Activity Code/Function: 215 Object Code: 751000 Federal Number/Federal Award Org. Code: 55052000531 Identification Number (FAIN) – Transit only: N/A Vendor Number: VF596000605056 Contract Number: Federal Award Date: N/A 02-112- CFDA Number: N/A Agency DUNS Number: 1488 CFDA Title: N/A CSFA Number: 55.004 CSFA Title: Aviation Grant Program

THIS PUBLIC TRANSPORTATION GRANT AGREEMENT (“Agreement”) is entered into _ __ _, by and between the State of Florida, Department of Transportation, (“Department”), and Flagler County, (“Agency”). The Department and the Agency are sometimes referred to in this Agreement as a “Party” and collectively as the “Parties.”

NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following:

1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit “D”, Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 332.007, Florida Statutes, to enter into this Agreement.

2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department’s participation in T-Hangars Design at Flagler Executive Airport, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement (“Project”), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed.

3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply):

X Aviation Seaports Transit Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other

4. Exhibits. The following Exhibits are attached and incorporated into this Agreement:

X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Audit Requirements for Awards of State Financial Assistance

1 of 32 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGC 02/20

*Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Additional Exhibit(s):

*Indicates that the Exhibit is only attached and incorporated if applicable box is selected.

5. Time. Unless specified otherwise, all references to “days” within this Agreement refer to calendar days.

6. Term of Agreement. This Agreement shall commence upon full execution by both Parties (“Effective Date”) and continue through June 1, 2024. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department.

a. If this box is checked the following provision applies:

Unless terminated earlier, work on the Project shall commence no later than the day of , or within days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above-required dates.

7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department.

8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department’s obligations under this Agreement for the Agency’s failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected.

a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated.

b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions.

c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department’s maximum financial assistance. If any portion of the Project is located on the Department’s right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency.

d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement.

e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes.

2 of 32 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGC 02/20

9. Project Cost:

a. The estimated total cost of the Project is $117,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement.

b. The Department agrees to participate in the Project cost up to the maximum amount of $117,000 and, the Department’s participation in the Project shall not exceed 100.00% of the total eligible cost of the Project, and as more fully described in Exhibit “B’’, Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department’s participation and any cost overruns or deficits involved.

10. Compensation and Payment:

a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance.

b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit “A”, Project Description and Responsibilities. Modifications to the deliverables in Exhibit “A”, Project Description and Responsibilities requires a formal written amendment.

c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre-audit and post-audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit “A”, Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department.

d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit “A”, Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit “F”, Contract Payment Requirements.

e. Travel Expenses. The selected provision below is controlling regarding travel expenses:

X Travel expenses are NOT eligible for reimbursement under this Agreement.

Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department’s Disbursement Handbook for Employees and Managers.

3 of 32 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGC 02/20

f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department’s Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement’s term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department’s receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved.

If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department.

A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement.

4 of 32 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGC 02/20

k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. l. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department’s Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department’s project manager must be received prior to costs being incurred by the Agency. See Exhibit “B”, Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:

"The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non-Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit “A”, Project Description and Responsibilities, and as set forth in Exhibit “B”, Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved

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in writing by the Department. Specific unallowable costs may be listed in Exhibit “A”, Project Description and Responsibilities.

11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws.

a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency’s design consultant and/or construction contractor has secured the necessary permits.

b. Right-of-Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required.

c. Notification Requirements When Performing Construction on Department’s Right-of- Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department’s right-of-way, the Agency shall provide the Department with written notification of either its intent to:

i. Require the construction work of the Project that is on the Department’s right-of-way to be performed by a Department prequalified contractor, or

ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement.

d. If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead).

e. If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one):

i. Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate).

ii. Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval.

iii. Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually.

f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project.

g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make

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best efforts to obtain the Department’s input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work.

12. Contracts of the Agency:

a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review.

b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency’s Authorized Official shall certify to the Department that the Agency’s purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement.

c. Consultants’ Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency’s full compliance with provisions of Section 287.055, Florida Statutes, Consultants’ Competitive Negotiation Act. In all cases, the Agency’s Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive Negotiation Act.

d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.

13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement:

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a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement.

14. Sale, Transfer, or Disposal of Department-funded Property:

a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department.

b. If a sale, transfer, or disposal by the Agency of all or a portion of Department-funded real property, facilities, or equipment is approved by the Department, the following provisions will apply:

i. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department-funded property.

ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale.

iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department.

iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations.

c. The terms of provisions “a” and “b” above shall survive the termination of this Agreement.

i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement.

ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds.

15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below.

Federal Funded:

a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any

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inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non-Federal entity as defined by 2 CFR Part 200, Subpart F – Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements:

i. In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, the Agency must have a Federal single or program-specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Exhibit “H”, Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F – Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F – Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, will meet the requirements of this part.

ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F – Audit Requirements.

iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at [email protected] no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F – Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than Federal entities).

iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F – Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F – Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to [email protected] within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F – Audit Requirements.

v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an

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audit conducted in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following:

1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available.

vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.

vii. The Department’s contact information for requirements under this part is as follows:

Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 [email protected]

State Funded:

a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency’s use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General.

b. The Agency, a “nonstate entity” as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements:

i. In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project- specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit “G”, Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial

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assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at [email protected] no later than nine months after the end of the Agency’s audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency’s resources (i.e., the cost of such an audit must be paid from the Agency’s resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to:

Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 [email protected]

And

State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: [email protected] v. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package.

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vii. Upon receipt, and within six months, the Department will review the Agency’s financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance.

viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency’s records, including financial statements, the independent auditor’s working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.

c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department.

16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties’ respective Administrators or their designees.

17. Restrictions, Prohibitions, Controls and Labor Provisions:

a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.

b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

c. Non-Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non-responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency.

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d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes.

e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement.

f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes.

g. E-Verify. The Agency shall:

i. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and

ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.

h. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity.

18. Indemnification and Insurance:

a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify and hold harmless the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement:

“To the fullest extent permitted by law, the Agency’s contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department’s officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and

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persons employed or utilized by the contractor/consultant in the performance of this Agreement.

This indemnification shall survive the termination of this Agreement.” b. The Agency shall provide Workers’ Compensation Insurance in accordance with Florida’s Workers’ Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers’ Compensation Insurance for their employees in accordance with Florida’s Workers’ Compensation law. If using “leased employees” or employees obtained through professional employer organizations (“PEO’s”), ensure that such employees are covered by Workers’ Compensation Insurance through the PEO’s or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida’s Workers' Compensation law. c. If the Agency elects to self-perform the Project, then the Agency may self-insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an “occurrence” basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self-Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self-perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad

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shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department’s approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have.

e. When the Agreement involves work on or in the vicinity of utility-owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above.

19. Miscellaneous:

a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith.

b. Non-Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default.

c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law.

d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement.

e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder.

f. Non-Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project.

g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party.

h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an

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updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services’ Florida Accountability Contract Tracking System (FACTS).

i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.

j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above.

AGENCY Flagler County STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION

By: By:

Name: Name: Loreen Bobo, P.E.

Title: Title: Director of Transportation Development

STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review:

Daniel L. McDermott

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EXHIBIT A

Project Description and Responsibilities

A. Project Description (description of Agency’s project to provide context, description of project components funded via this Agreement (if not the entire project)): Design of T-Hangars - The proposed project will include the design of three new T-Hangar buildings. A total of 42 new individual units are planned. The proposed layout of the buildings is three 14 unit buildings. One building will be equipped with Men’s/Women’s restroom facilities. Utilities will be designed for extension from Aviation Drive to the project site (water, wastewater and power). Taxilanes will be designed for aircrafts access to Taxiways Alpha and Gulf. Vehicle access and parking will be designed to meet County standards.

B. Project Location (limits, city, county, map): Flagler Executive Airport/Palm Coast, FL/Flagler

C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): T-Hangar (Design): As required by 215.971, F.S., this scope is for the design of T-Hangars. The work associated with design includes but is not limited to consultant and design fees, survey and geotechnical costs, permitting, demolition, pavement (access roadways, parking lots, and sidewalks), drainage, utilities, primary and back-up power supplies, buildings (foundation, structure, roof, MEP, drainage, fire prevention, and protection), pavement marking, lighting and signage, fencing and gates, landscaping (including outdoor lighting), and indoor/outdoor security systems, including all materials, equipment, labor, and incidentals required to complete the T- Hangar project. The Sponsor will comply with Aviation Program Assurances.

D. Deliverable(s): Final closeout documents to be uploaded into Jacip.

The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency.

E. Unallowable Costs (including but not limited to): Stored Materials

F. Transit Operating Grant Requirements (Transit Only):

Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met.

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EXHIBIT D

AGENCY RESOLUTION

PLEASE SEE ATTACHED

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EXHIBIT E

PROGRAM SPECIFIC TERMS AND CONDITIONS - AVIATION AVIATION PROGRAM ASSURANCES

A. General.

1. The assurances herein shall form an integral part of the Agreement between the Department and the Agency.

2. These assurances delineate the obligations of the Parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit “A”, Project Description and Responsibilities, and Exhibit “B”, Schedule of Financial Assistance, as well as serving to protect public investment in public-use airports and the continued viability of the Florida Aviation System.

3. The Agency shall comply with the assurances as specified in this Agreement.

4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement.

5. There shall be no limit on the duration of the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport.

6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by this Agreement.

7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this Project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms and assurances of this Agreement.

8. An Agency that has been determined by the Department to have failed to comply with either the terms of these Assurances, or the terms of the Agreement, or both, shall be notified, in writing, by the Department, identifying the specifics of the non-compliance and any corrective action by the Agency to remedy the failure.

9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department’s continued financial commitment to this Project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this Project.

10. Any history of failure to comply with the terms and assurances of an Agreement will jeopardize the Agency’s eligibility for further state funding of airport projects by the Department.

B. Agency Compliance Certification.

1. General Certification. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and applicable local governments, as well as Department policies, guidelines, and requirements, including but not limited to, the following (latest version of each document):

a. Florida Statutes (F.S.)  Chapter 163, F.S., Intergovernmental Programs  Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens  Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports  Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce  Chapter 332, F.S., Airports and Other Air Navigation Facilities  Chapter 333, F.S., Airport Zoning

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b. Florida Administrative Code (FAC)  Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of Local Government Comprehensive Plans and Amendments  Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection  Section 62-256.300, FAC, Open Burning, Prohibitions  Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport Safety

c. Local Government Requirements  Airport Zoning Ordinance  Local Comprehensive Plan

d. Department Requirements  Eight Steps of Building a New Airport  Florida Airport Revenue Use Guide  Florida Aviation Project Handbook  Guidebook for Airport Master Planning  Airport Compatible Land Use Guidebook

2. Construction Certification. The Agency hereby certifies, with respect to a construction-related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC’s) and FAA issued waivers thereto, including but not limited to, the following:

a. Federal Requirements  FAA AC 70/7460-1, Obstruction Marking and Lighting  FAA AC 150/5300-13, Airport Design  FAA AC 150/5370-2, Operational Safety on Airports During Construction  FAA AC 150/5370-10, Standards for Specifying Construction of Airports

b. Local Government Requirements  Local Building Codes  Local Zoning Codes

c. Department Requirements  Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the “Florida Green Book”)  Manual on Uniform Traffic Control Devices  Section 14-60.007, FAC, Airfield Standards for Licensed Airports  Standard Specifications for Construction of General Aviation Airports  Design Guidelines & Minimum Standard Requirements for T-Hangar Projects

3. Land Acquisition Certification. The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and/or state policies, regulations, and laws, including but not limited to the following:

a. Federal Requirements  Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970  National Environmental Policy of 1969  FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects  FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects

b. Florida Requirements  Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation)  Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation)  Section 286.23, F.S., Public Business: Miscellaneous Provisions

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C. Agency Authority.

1. Legal Authority. The Agency hereby certifies, with respect to this Agreement, that it has the legal authority to enter into this Agreement and commit to this Project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor’s governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required.

2. Financial Authority. The Agency hereby certifies, with respect to this Agreement, that it has sufficient funds available for that portion of the Project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this Project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this Project.

D. Agency Responsibilities. The Agency hereby certifies it currently complies with or will comply with the following responsibilities:

1. Accounting System.

a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity.

b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act.

c. The Department has the right to audit and inspect all financial records of the Agency upon reasonable notice.

2. Good Title.

a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained.

b. For noise compatibility program projects undertaken on the airport sponsor’s property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained.

3. Preserving Rights and Powers.

a. The Agency shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, the Agency shall act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency.

b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency shall reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement.

4. Hazard Removal and Mitigation.

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a. For airport hazards located on airport controlled property, the Agency shall clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards.

b. For airport hazards not located on airport controlled property, the Agency shall work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation.

5. Airport Compatible Land Use.

a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., or if not in place, that it will take appropriate action necessary to ensure local government adoption of an airport zoning ordinance or execution of an interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S.

b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations.

c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas.

6. Consistency with Local Government Plans.

a. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport.

b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project.

c. The Agency shall consider and take appropriate actions, if deemed warranted by the Agency, to adopt the current, approved Airport Master Plan into the local government comprehensive plan.

7. Consistency with Airport Master Plan and Airport Layout Plan.

a. The Agency assures that the project, covered by the terms and assurances of this Agreement, is consistent with the most current Airport Master Plan.

b. The Agency assures that the Project, covered by the terms and assurances of this Agreement, is consistent with the most current, approved Airport Layout Plan (ALP), which shows:

1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; 2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and 3) The location of all existing and proposed non-aviation areas on airport property and of all existing improvements thereon.

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c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department.

d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, will be subject to the approval of the Department.

8. Airport Financial Plan.

a. The Agency assures that it will develop and maintain a cost-feasible Airport financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. The Agency’s Airport financial plan must comply with the following conditions:

1) The Airport financial plan will be a part of the Airport Master Plan. 2) The Airport financial plan will realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA’s priority system. 3) The Airport financial plan will not include Department funding for projects that are inconsistent with the local government comprehensive plan.

b. All Project cost estimates contained in the Airport financial plan shall be entered into and kept current in the Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website.

9. Airport Revenue. The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport.

10. Fee and Rental Structure.

a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that it will make the airport as self-sustaining as possible under the circumstances existing at the particular airport.

b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the market value.

11. Public-Private Partnership for Aeronautical Uses.

a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant-specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department.

b. The price charged for said lease will be based on market value, unless otherwise approved by the Department.

12. Economic Nondiscrimination.

a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public.

1) The Agency may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport.

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2) The Agency may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public.

b. The Agency assures that each airport Fixed-Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities.

13. Air and Water Quality Standards. The Agency assures that all projects involving airport location, major runway extension, or runway location will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards.

14. Operations and Maintenance.

a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public-use airport.

1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. 2) Except in emergency situations, any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. 3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport.

b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations.

15. Federal Funding Eligibility.

a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding.

b. If the Agency becomes ineligible for federal funding of airport projects, such determination will render the Agency ineligible for state funding of airport projects.

16. Project Implementation.

a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this Project within one year after the effective date of this Agreement.

b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee.

c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement.

17. Exclusive Rights. The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public.

18. Airfield Access.

a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency

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equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access.

b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval.

19. Retention of Rights and Interests.The Agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non-airport, without prior written approval by the Department. These assurances shall not limit the Agency’s right to lease airport property for airport-compatible purposes.

20. Consultant, Contractor, Scope, and Costs.

a. The Department has the right to disapprove the Agency’s employment of consultants, contractors, and subcontractors for all or any part of this Project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department.

b. Further, the Department maintains the right to disapprove the proposed Project scope and cost of professional services.

21. Planning Projects. For all planning projects or other aviation studies, the Agency assures that it will:

a. Execute the project per the approved project narrative or with approved modifications.

b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services.

c. Make such project materials available for public review, unless exempt from public disclosure.

1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 F.S. 2) No materials prepared under this Agreement shall be subject to copyright in the United States or any other country.

d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement.

e. If the Project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including:

1) Provide copies, in electronic and editable format, of final Project materials to the Department, including computer-aided drafting (CAD) files of the Airport Layout Plan. 2) Develop a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost-feasible financial plan shall realistically assess Project phasing considering availability of state and local funding and federal funding under the FAA’s priority system. 3) Enter all projects contained in the cost-feasible plan in the Joint Automated Capital Improvement Program (JACIP).

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f. The Agency understands and agrees that Department approval of this Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding.

g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment.

22. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will:

a. Laws. Acquire the land in accordance with federal and/or state laws governing such action.

b. Administration. Maintain direct control of Project administration, including:

1) Maintain responsibility for all related contract letting and administrative procedures related to the purchase of real property. 2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. 3) Ensure a qualified, State-certified general appraiser provides all necessary services and documentation. 4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. 5) Establish a Project account for the purchase of the land. 6) Collect and disburse federal, state, and local project funds.

c. Reimbursable Funds. If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, F.S., the Agency shall comply with the following requirements:

1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. 2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, F.S. 3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, F.S. 4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required.

d. New Airport. If this Project involves the purchase of real property for the development of a new airport, the Agency assures that it will:

1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. 2) Complete an Airport Master Plan within two years of land purchase. 3) Complete airport construction for basic operation within 10 years of land purchase.

e. Use of Land. The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition.

f. Disposal of Land. For the disposal of real property the Agency assures that it will comply with the following: 1) For land purchased for airport development or noise compatibility purposes, the Agency shall, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state’s proportionate share of its market value.

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2) Land will be considered to be needed for airport purposes under this assurance if:

a) It serves aeronautical purposes such as a runway protection zone or as a noise buffer. b) Revenue from uses of such land contributes to airport financial self-sufficiency.

3) Disposition of land under Sections D.22.f.1. or D.22.f.2. of this Exhibit, above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. 4) Revenues from the sale of such land must be accounted for as outlined in Section D.1. of this Exhibit, and expended as outlined in Section D.9. of this Exhibit.

23. Construction Projects. The Agency assures that it will:

a. Project Certifications. Certify Project compliances, including:

1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. 2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public-use airport. 3) Completed construction complies with all applicable local building codes. 4) Completed construction complies with the Project plans and specifications with certification of that fact by the Project Engineer.

b. Design Development. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Engineer will certify that:

1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. 2) The plans shall be consistent with the intent of the Project as defined in Exhibit A and Exhibit B of this Agreement. 3) The Project Engineer shall perform a review of the certification requirements listed in Section B.2. of this Exhibit, Construction Certification, and make a determination as to their applicability to this Project. 4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations.

c. Inspection and Approval. The Agency assures that:

1) The Agency will provide and maintain competent technical supervision at the construction site throughout the Project to assure that the work conforms to the plans, specifications, and schedules approved by the Department, as applicable, for the Project. 2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. 3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to the Department standards.

d. Pavement Preventive Maintenance. The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport.

29 of 32 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 02/20

24. Noise Mitigation Projects. The Agency assures that it will:

a. Government Agreements. For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body.

1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. 2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non- compliance with the terms of the local agreement.

b. Private Agreements. For noise compatibility projects on privately owned property:

1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. 2) The Agency assures that it will take steps to enforce such agreement if there is substantial non- compliance with the terms of the agreement.

- End of Exhibit E -

30 of 32 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 02/20

EXHIBIT F

Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts

Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided.

Listed below are types and examples of supporting documentation for cost reimbursement agreements:

(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable.

(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown.

Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits.

(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means.

(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State.

(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable.

(6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown.

Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports.

The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf.

31 of 32 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 02/20

EXHIBIT G

AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE

THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:

SUBJECT TO SECTION 215.97, FLORIDA STATUTES:~

Awarding Agency: Florida Department of Transportation State Project Title: Aviation Grant Program CSFA Number: 55.004 *Award Amount: $117,000

*The award amount may change with amendments

Specific project information for CSFA Number 55.004 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx

COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT:

State Project Compliance Requirements for CSFA Number 55.004 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx

The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx

32 of 32 Attachment 2

Resolution 2021 - ____

A RESOLUTION APPROVING THE PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) BETWEEN FLAGLER COUNTY, FLORIDA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO ASSIST WITH FUNDING FOR T- HANGAR DESIGN AT THE FLAGLER EXECUTIVE AIRPORT.

WHEREAS, the Board of County Commissioners of Flagler County, Florida (Board) wishes to undertake the T-hangar design project to help meet the demand for aircraft storage; and

WHEREAS, the Florida Department of Transportation (FDOT) has offered a Public Transportation Grant Agreement (PTGA), FM No. 448984-1-94-01 that will fund 100% of the costs for this project; and

WHEREAS, the Board finds that it is in the best interest of the citizens of Flagler County and the Flagler Executive Airport Enterprise Fund to approve the PTGA, including the assurances contained therein, to conduct the T-hangar design.

NOW, THEREFORE, BE IT RESOLVED by the Board that: (i) the PTGA by and between the Board and the FDOT, incorporated by reference herein, is hereby approved; (ii) the Chair of the Board is authorized to execute the PTGA, and the Airport Director is authorized to execute any instruments necessary to accept and implement the PTGA including any amendments thereto approved to legal form by the County Attorney; and (iii) the Airport Director will be the Board’s representative and act on the Board’s behalf in regard to the PTGA.

THIS RESOLUTION shall become effective upon adoption and approval.

ADOPTED and APPROVED this 19th day of April 2021, by the Board of County Commissioners, Flagler County, Florida.

FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST:

______Donald T. O’Brien Jr., Chair Tom Bexley, Clerk of the Circuit Court & Comptroller

APPROVED AS TO FORM:

______Sean S. Moylan, Assistant County Attorney Attachment 3 RESOLUTION NO. 2021 -

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF FLAGLER COUNTY TO AMEND AIRPORT FUND 401 FOR THE FISCAL YEAR 2020-21 TO RECOGNIZE AND APPROPRIATE UNANTICIPATED REVENUE.

WHEREAS, the Flagler County Board of County Commissioners will receive $117,000 from the Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) ; and

WHEREAS, Chapter 129, Florida Statutes, authorizes the Board of County Commissioners to amend, by resolution, its budget to provide for the receipt and expenditure of unanticipated funds.

NOW, THEREFORE, BE IT RESOLVED by the Flagler County Board of County Commissioners, in meeting assembled on the 19th day of April 2021, that the Airport Fund 401 be amended, as follows:

AIRPORT FUND 401

FUNDING SOURCES: 401-0000-334.41-02 DESIGN OF T-HANGARS $117,000

EXPENDITURES: 401-8224-542.63-57 DESIGN, PERMITTING $117,000 Project #050582

BOARD OF COUNTY COMMISSIONERS FLAGLER COUNTY, FLORIDA.

BY: Donald T. O’Brien Jr., Chair ATTEST:

APPROVED AS TO FORM:

Tom Bexley, Clerk of the Circuit Court and Comptroller Sean S. Moylan, Assistant County Attorney FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT / AGENDA ITEM # 7g

SUBJECT: Consideration of Work Authorization No. WA-7, which Establishes the Scope of Services and Compensation for Hoyle, Tanner & Associates, Inc. under Flagler County Contract RSQ 18-026Q to Assist in the T-Hangar Design for the Flagler Executive Airport in the Amount of $117,000.

DATE OF MEETING: April 19, 2021

OVERVIEW/SUMMARY: For a prior item considered on April 19, 2021, the Board was presented with an FDOT Public Transportation Grant Agreement (PTGA) in the amount of $117,000, which will fund 100% of the costs for T-Hangar design. With this action, staff is bringing forward for consideration Work Authorization No. WA-7, which establishes the Scope of Services and Compensation for Hoyle, Tanner & Associates, Inc. to design and prepare bid documents for a T- hangar project. The total cost for this portion of the project is $117,000.

This contract includes the design for three (3) new T-hangar buildings (each containing 14 units), associated taxilanes, restroom facilities, roadway access and utility extension.

FUNDING INFORMATION: The FDOT has offered a Public Transportation Grant Agreement in the amount of $117,000, which will fund 100% of the costs of the project. This funding was not anticipated in the FY20-21 budget and is being appropriated in Agenda Item #7x in conjunction with this item.

DEPARTMENT CONTACT: Airport Director, Roy Sieger (386) 313-4220

RECOMMENDATIONS: Request the Board approve Work Authorization No. WA-7 under Flagler County Contract RSQ #18-026Q for Hoyle, Tanner & Associates, Inc., authorizing the Chair to execute the agreement and authorize the Airport Director to execute all necessary documents associated with accepting and implementing said agreement, including any amendments and extensions approved as to form by the County Attorney.

ATTACHMENTS: 1. Work Authorization No. WA-7 under Flagler County Contract RSQ 18-026Q for Hoyle, Tanner & Associates, Inc.

04/07/2021 Submitted by Airport Director, Roy Sieger 04/10/2021 Approved by Financial Services Director, E. John Brower BE Attachment 1 WORK AUTHORIZATION

FLAGLER COUNTY CONTRACT NO. RSQ #18-026Q Work Authorization No. WA-7

This Work Authorization No. 7 establishes the Scope of Services and Compensation for specific work to be performed by Hoyle, Tanner & Associates, Inc. (“Consultant”) under FLAGLER COUNTY Contract No. RSQ #18- 026Q.

The Scope of Services to be provided by Consultant consists of the following:

Project Background / Summary

I. SPECIFIC SCOPE OF SERVICES

The following parties are referred to hereafter: COUNTY (Flagler County), CONSULTANT (Hoyle, Tanner & Associates, Inc.), FAA (Federal Aviation Administration), and FDOT (Florida Department of Transportation).

This project entails the design of three new T-Hangar buildings and associated Taxilanes, Roadway access and Utilities including a men’s and women’s restroom.

PROJECT DESCRIPTION

The proposed project will include the design of three new T-Hangar buildings. A total of 42 new individual units are planned. The proposed layout is three 14 unit buildings, with one building equipped with men’s and women’s restroom facilities. Utilities will be designed for extension from Aviation Drive to the project site (water, wastewater and power). Taxilanes will be designed for aircraft access to Taxiway’s Alpha and Golf. Vehicle access will be designed to meet County standards.

PRELIMINARY DESIGN PHASE

 Conduct an on-site inventory of the site.  Collect survey and geotechnical data.  Review record drawings, interview COUNTY staff, visit the site and conduct a field analysis of the existing conditions pertinent to the PROJECT.  Prepare and submit a 30% design set of plans to include the overall schematic of the project. Items to include but not limited to: Roadway layout, schematic building plans, utility service requirements. Respond to 30% comments in writing.

FINAL DESIGN PHASE

 Prepare and submit 60% and 90% plan sets. Review County comments to plans. Respond to comments.  Prepare front end bid documents from County format.  Prepare Technical specifications  Prepare Engineer’s opinion of probable costs.  Submit 100% Bid Documents

Page 1 of 4 WORK AUTHORIZATION

FLAGLER COUNTY CONTRACT NO. RSQ #18-026Q Work Authorization No. WA-7

PREDESIGN SURVEYS

 Obtain the services of a licensed surveyor to survey the project site as well as utility locations.

GEOTECHNICAL INVESTIGATION

 Obtain the services of a licensed geotechnical firm to provide soil borings, soil analysis, design recommendations, CBR tests and soil percolation analysis.

BIDDING SERVICES

 Bidding Assistance: Assist the COUNTY in advertising and obtaining bids for the prime contract for construction, materials, equipment and services. Issue electronic bidding documents to the County for posting on Demand Star.

PERMITTING

 Attend pre-application meeting with St. Johns River Water Management District (SJRWMD) to discuss the project. Prepare a permit application for a General Environmental Resource Permit for the project. Prepare follow-up responses to Requests for Information to SJRWMD for the project.

ADDITIONAL SERVICES

When required by the COUNTY in circumstances beyond CONSULTANT'S control, CONSULTANT shall furnish or obtain from others, as circumstances require during construction, additional services of the types listed in paragraphs 1. through 4, inclusive. These services are not included as part of Basic Services. CONSULTANT shall not provide any such Additional Services without written approval from the COUNTY.

1. Services in connection with work directive changes and change orders to reflect changes requested by COUNTY.

2. Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages.

3. Preparation of modifications to the PROJECT requested by the COUNTY and/or relative to Items 1 and 2 above that would necessitate changes to those permit(s) initially submitted and which would trigger the preparation of permit modifications as may be required for permitting agency(ies) compliance.

4. Assistance in gaining any other permits other than those identified herein.

II. COMPENSATION AMOUNT

Lump Sum Total Cost for the Professional Services Not to Exceed - $117,000.00

Page 2 of 4 WORK AUTHORIZATION

FLAGLER COUNTY CONTRACT NO. RSQ #18-026Q Work Authorization No. WA-7

III. PROJECT DELIVERABLES

 The CONSULTANT will send monthly invoices to the COUNTY for services rendered. Payment will be made for activities performed in accordance with the tasks above. A progress report or other means of verification will be provided with each invoice attesting to the work performed.  30%, 60%, 90% and a Final Plan Set with Specifications

IV. PROJECT SCHEDULE

The Consultant agrees to provide 100% design and bidding documents– 150 calendar days.

V. PROVISIONS

The provisions of this Work Authorization No. 7 are subject to all terms and conditions of the above- referenced Contract.

Page 3 of 4 WORK AUTHORIZATION

FLAGLER COUNTY CONTRACT NO. RSQ #18-026Q Work Authorization No. WA-7

(Signature Page for Board Approval)

In WITNESS WHEREOF, the undersigned have executed this Agreement on the day and year set forth below.

ATTEST: FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS

______TOM BEXLEY Donald T. O’Brien Jr., CHAIR Clerk of the Circuit Court & Comptroller ______(Date Signed)

RECOMMENDED: APPROVED–AS-TO-FORM ______ROY SIEGER, AIRPORT DIRECTOR AL HADEED, COUNTY ATTORNEY

______(Date Signed)

ATTEST: CONSULTANT:

______(Signature) (Signature) _Wilbur J. Mathurin ______(Typed or Printed Name) _Douglas(Typed or N.Printed Norman Name) ______

_Vice President ______Sr. Vice President______(Title) (Title)

CORPORATE SEAL: ______(Date Signed)

As authorized for execution by the Board of Flagler County Board of County Commissioners at its April 19, 2021 regular meeting.

Page 4 of 4 FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT / AGENDA ITEM #7h

SUBJECT: Affordable Housing Advisory Committee Reappointment.

DATE OF MEETING: April 19, 2021

OVERVIEW/SUMMARY: The Commission has received a request for reappointment from Ms. Denise Santa Maria. Ms. Santa Maria is a Flagler County resident and registered voter.

Function: To make recommendations to the BOCC regarding specific initiatives to encourage or facilitate affordable housing in Flagler County. Now acting as the local affordable housing advisory committee pursuant to Section 420.9076, Florida Statutes, Section 16-77 of the Flagler County Code and the State Housing Initiatives Partnership (SHIP) Procedures Manual.

Membership: Must name at least 8 but not more than 11 committee members and specify their terms. The committee must consist of one representative from at least 6 of the categories as outlined in Florida Statues 420.9076.

Appointment Terms: 3-year staggered terms

Meeting Date/Time: Meets Quarterly @ 8:30 a.m. Meeting Location: Government Services Building 1769 E Moody Blvd, Bldg 2, Board Chambers, Bunnell, FL 32110

Staff Liaison: Devrie Paradowski, Housing Program Coordinator

Appointment - Expiration Members Vacant (a) Residential Home Building Industry 04/20/2013 – 04/20/2021 (b) Denise Santa Maria, Banking or Mortgage Industry Vacant (c) Labor-Home Building Industry 10/02/2017 – 10/02/2021 (d) Sandra Shank (Chair), Advocate for Low Income Persons 06/03/2013 – 06/03/2021 (e) Rick Belhumeur, For-Profit Provider of Affordable Housing 02/03/2020 – 02/03/2024 (f) Trish Giaccone, Not-for-Profit Provider of Affordable Housing Vacant (g) Real Estate Professional 12/02/2020 – 12/02/2021 (h) Councilman Ed Danko, Municipality Appointed Elected Official 12/07/2020 – 12/07/2021 (h) Commissioner Joe Mullins, County Appointed Elected Official 02/18/2019 – 02/18/2023 (i) Diana Seydlorsky, Resident of Local Jurisdiction 07/07/2018 – 07/07/2022 (j) Dorothy Sperber (Vice Chair), Citizen Representing Employers 02/03/2020 – 02/03/2024 (k) Nealon Joseph, Citizen Representing Essential Srvcs Personnel

Vacancies are advertised on the County’s website www.FlaglerCounty.org. If additional applications are received, they will be presented to the Board prior to the meeting.

DEPARTMENT CONTACT: Devrie Paradowski, Housing Program Coordinator (386) 386-2324 Luci Dance, Executive Administrative Assistant (386) 313-4093

RECOMMENDATION: Request the Board approve the reappointment of Ms. Denise Santa Maria to the Affordable Housing Advisory Committee for a three-year term.

ATTACHMENTS: 1. Reappointment Request – Ms. Denise Santa Maria

Attachment 1 FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT / AGENDA ITEM # 7i

SUBJECT: Ratification of the Land Acquisition Committee Property Ranking

DATE OF MEETING: April 19, 2021

OVERVIEW/SUMMARY: The Board is being asked to ratify the ranking list of properties under consideration for acquisition by the LAC. The Land Acquisition Committee (LAC) is an advisory board to the Flagler County Board of County Commissioners (BOCC) on issues involving the acquisition and management of environmentally sensitive lands. Ratification of this list does not authorize staff to acquire these properties. Staff will initiate discussions with the top ranked property/properties and return to the LAC for consideration of the potential acquisition while considering the price of the property. After that action the property would be formally presented to the Board for consideration for acquisition along with a recommendation for or against from the LAC.

In March 2021, the Land Acquisition Committee (LAC) met to update and rank a list of lands that are viewed by the LAC as important to the conservation of natural and/or recreation lands in Flagler County. The committee only ranks those properties whose owners have notified that they are a willing seller to the program. This list was compiled based solely on the environmental attributes of the properties, cost will be a consideration of the LAC and Board later in the process.

According to Chapter Four of the Environmentally Sensitive Lands Manual, the guiding document for the program and the advisory committee, the LAC’s role is to determine if proposed acquisitions meet the Environmentally Sensitive Lands program objectives as they are laid out in the manual. Each individual LAC member ranks the properties in a public meeting and their collective score is applied to each of the properties to determine a collective rank. Staff’s role is to pursue acquisition of the properties based on the priority ranking after gaining the BOCC’s approval of the list and consent to do so.

The following properties are listed in order of priority from highest to lowest based on the collective scoring of the LAC in March 2021.

1. Pringle Forest ( North) 7. Pringle Forest (South) 2. Hansford Property 8. Townsend ( Prairie Tract) 3. Townsend (Lake Disston Tract) 9. Melvin Tract 4. Spalding Property 10. Craven Tract 5. Townsend (Dead Lake Tract) 11. Kern Tract 6. Townsend (Haw Creek Tract)

FUNDING INFORMATION: N/A

DEPARTMENT CONTACT: Michael D. Lagassé, Environmental Project Supervisor 313-4064 Tim Telfer, Resiliency & Resource Stewardship Mgr 313-4066

RECOMMENDATION: Request the Board approve the prioritized list and direct staff to begin negotiation with land owners based on priority ranking, any available funding partners and available resources.

ATTACHMENTS: 1. County Map of Ranked Properties (link to 2021 LAC Property Ranking Documents)

04/06/2021 Requested by Michael D. Lagassé, Environmental Project Supervisor Flagler County Land Acquisition Committee Ranked Properties 2021 Attachment 1

PringleCreekForest North Hansford_Smith TownsendLakeDisston SpaldingProperty TownsendDeadLake TownsendHawCreek PringleCreekForest South TownsendPrairie Melvin Tract Craven

KernProperty Woolpert, Earthstar Geographics Flagler County Border 0 2 4 8 Miles FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT / AGENDA ITEM # 7j

SUBJECT: Allocation of Funding for Previously Approved FY2020 Florida Inland Navigation District (FIND) Waterways Assistance Program for Improvements to the Bing’s Landing Seawall with a Total Project Cost of $79,000.

DATE OF MEETING: April 19, 2021

OVERVIEW/SUMMARY: Staff is seeking allocation of funding for the FY2020 FIND Waterways Assistance Program for improvements at Bing’s Landing. The Board approved a resolution to accept the grant in a Board meeting on June 1, 2020. The grant partially funded a project intended to improve the Bing’s Landing seawall and to re-build a pedestrian walkway bridge and to add a small sidewalk to enhance ADA accessibility on the site. At the time of the approval, the estimated project costs included a local match of $100,000.00 and the County’s Vessel Registration Fund was identified as a funding source. Due to a slightly changed project approach including the use and retrofit of an unused pedestrian bridge in the County’s inventory, the total project cost is now $79,000.00 with BOCC costs totaling $41,000.00 and FIND grant matching costs at $38,000.00. The table provided in Attachment A itemizes the updated costs.

During implementation planning, staff discovered that Vessel Registration funding is not an appropriate funding source for the sidewalk and pedestrian bridge portion of the project according to state statute. As such, a request to allocate funding from General Fund Reserves is being presented here to complete the project elements as planned.

Please note that if the Board elects not to fund the sidewalk and pedestrian bridge, the seawall refurbishment can still proceed under the original scope of the grant with funds provided from the Vessel Registration Fund.

FUNDING INFORMATION: If approved, staff is proposing to provide the $29,000.00 match from Vessel Registration Funds. The Vessel Registration funds are derived from vessel registration fees in accordance with Florida Statute Section 328.72(18). Vessel registration funds are allocated to Boards of County Commissioners by tax collectors for activities that maintain and enhance the use of watercraft including construction and maintenance of facilities such as boat ramps, docks, piers, and the like. In addition, staff is proposing to provide $12,000 match from General Fund Reserves for the completion of the ADA sidewalk and pedestrian bridge. The grant funding will be appropriated with the approval of the attached Unanticipated Revenue Resolution and matching funds will be appropriated with the approval of budget transfer 21-125.

DEPARTMENT CONTACTS: General Services, Heidi Petito (386) 313-4185 Land Management, Michael Lagasse (386) 313-4064

RECOMMENDATIONS: Request the Board approve the Unanticipated Revenue Resolution and Budget Transfer 21-125.

ATTACHMENTS: 1. Revised Itemized Costs for the Bing’s Landing Seawall 2. Flagler County Resolution No. 2020-25 3. Unanticipated Revenue Resolution 4. Budget Transfer 21-125

04/05/2021 Requested by Land Management, Michael Lagasse 04/12/2021 Approved by Financial Services Director. E John Brower, AG Attachment 1

Attachment 1

Itemized Costs for the Bing’s Landing Seawall and Walkway Restoration ( Revised 03/21) Attachment 2

Attachment 3 RESOLUTION NO. 2021 - ___

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF FLAGLER COUNTY TO AMEND THE GRANT SPECIAL REVENUE FUND 128 FOR THE FISCAL YEAR 2020-21 TO RECOGNIZE AND APPROPRIATE UNANTICIPATED REVENUE.

WHEREAS, the Flagler County Board of County Commissioners will receive $38,000 from the Florida Inland Navigation District (FIND) Waterways Assistance Program; and

WHEREAS, the Flagler County Board of County Commissioners will provide an additional $29,000 from Vessel Registration; and

WHEREAS, the Flagler County Board of County Commissioners will provide an additional $12,000 from General Fund Reserves; and

WHEREAS, Chapter 129, Florida Statutes, authorizes the Board of County Commissioners to amend, by resolution, its budget to provide for the receipt and expenditure of unanticipated funds.

NOW, THEREFORE, BE IT RESOLVED by the Flagler County Board of County Commissioners, in meeting assembled on the 19th day of April 2021 that the Grant Special Revenue Fund 128 be amended, as follows:

GRANT SPECIAL REVENUE FUND 128

FUNDING SOURCES: 128-0000-337.70-13 FIND-Bings Lndg Seawall $ 38,000 128-0000-381.00-00 Interfund Transfer $ 41,000

EXPENDITURES: 128-8137-572.63-10 Capital Outlay / Improvmts other than bldg $ 79,000 Project#170949

BOARD OF COUNTY COMMISSIONERS FLAGLER COUNTY, FLORIDA.

BY:______Donald T. O’Brien Jr., Chair

ATTEST:

APPROVED AS TO FORM: ______Tom Bexley, Clerk of the Circuit Court and Comptroller ______Sean S. Moylan, Assistant County Attorney Attachment 4

FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS BUDGET TRANSFER REQUEST FORM BTR 21 - 125 DATE: 04/12/21 PREPARED BY: AG FUND: General Fund Digitally signed DEPARTMENT / DIVISION: Reserves - Reserves PAGE 1 OF 1 Brian by Brian Eichinger Eichinger Date: 2021.04.12 EXPLANATION: Transfer funds from reserves & vessel registration to interfund transfer for FIND Grant match. 13:25:32 -04'00'

LINE FUND DEPT. SUB. ACCT PROJ AMOUNT AVAILABLE ACCOUNT/CENTER DESCRIPTION NO. NO. NO. NO. NO. NO. FROM (DR.) TO (CR.) WAS WILL BE PROJECT # DESCRIPTION Designated for Future Use 1 001 5000 587 9811 12,000 10,964,493 10,952,493 Improvmts other than bldg 2 001 1446 572 6310 170986 29,000 115,491 86,491 Bings Seawall Mtn Interfund Transfer 3 001 4600 581 9110 41,000 2,322,647 2,363,647

4

5

6

7

8

9

TOTAL $41,000.00 $41,000.00 $13,402,631.00 $13,402,631.00 Digitally signed by E. John E. John Brower Date: 2021.04.12 14:07:03 Financial Service Director's APPROVALBrower -04'00' DATE:

Administrator's APPROVAL DATE:

Board Action @ Meeting APPROVAL

POSTED BY: DATE POSTED: cc:

R:\Budget Transfer\BTR21 - 125 FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT / AGENDA ITEM # 7k

SUBJECT: Consideration of Updates to Flagler County’s Personnel Policies and Procedures Manual Section 1.02 Purpose and 1.05 Administration and Amendment.

DATE OF MEETING: April 19, 2021

OVERVIEW/SUMMARY: Staff is seeking approval to update its Personnel Policies and Procedures to allow for consistency with Florida Statute 125.74 and County Ordinance 2-286.

Florida Statute, Section 125.74 states in part “County administrator; powers and duties: • (a) The administrator may be responsible for the administration of all departments responsible to the board of county commissioners and for the proper administration of all affairs under the jurisdiction of the board. To that end, the administrator may, by way of enumeration and not by way of limitation, have the following specific powers and duties to: • (i) Develop, install, and maintain centralized budgeting, personnel, legal, and purchasing procedures. • (j) Organize the work of county departments, subject to an administrative code developed by the administrator and adopted by the board, and review the departments, administration, and operation of the county and make recommendations pertaining thereto for reorganization by the board. • (k) Select, employ, and supervise all personnel and fill all vacancies, positions, or employment under the jurisdiction of the board. However, the employment of all department heads shall require confirmation by the board of county commissioners. • (l) Suspend, discharge, or remove any employee under the jurisdiction of the board pursuant to procedures adopted by the board. Fla. Stat. § 125.74 • County Ordinance Section 2-286, Functions and duties, states in part “(a) The administrator shall be responsible for the administration of all nonlegal departments that are responsible to the board and for the proper administration of all nonlegal affairs under the jurisdiction of the board. As used in this division, the term "nonlegal" shall refer to county personnel or functions that are not part of the county attorney's office. To that end, the administrator shall, by way of enumeration and not by way of limitation, have the following specific powers and duties pertaining thereto: • (06) Develop, install, and maintain centralized budgeting, personnel, and purchasing procedures. • (11) Select, employ, and supervise all nonlegal personnel and fill all nonlegal vacancies, positions, or employment under the jurisdiction of the board; however, the employment of all department heads shall require confirmation by the board. • (12) Suspend, discharge, remove, or transfer any nonlegal employee within those offices under the jurisdiction of the board pursuant to procedures adopted by the board or any collective bargaining agreement.

04/09/2021 Electronically Approved by Human Resources Director, Pamela Wu FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT / AGENDA ITEM # 7k

Requested Revisions to Flagler County Personnel Policies (strikethrough / underline): Section 1: General Provisions • 1.02 Purpose Item 4: The County Administrator reserves the right to amend these Policies and Procedures at duly noticed public meetings. • 1.05 Administration and Amendment Item 3: The County Administrator shall: a. Be responsible for the preparation and updating the Personnel Policies and Procedures and proposed amendments shall be subject to the approval of the Board of County Commissioners. j. Establish procedures for the suspension, removal, or termination of employees, which procedures must be approved by the Board of County Commissioners. k. Amend any procedural or administrative guidelines when such an amendment is necessary to promote the efficiency of County government and remove ambiguities in interpretations. Such amendments shall be complied in writing and made available to any interested employee or person. All such amendments pertaining to termination, suspension, or removal of employees must be approved by the Board of County Commissioners.

FUNDING INFORMATION: N/A

DEPARTMENT CONTACT: Pamela Wu, Human Resources Director (386) 313-4033

RECOMMENDATION: Request the Board approve the Amended Personnel Policies and Procedure Section 1.03 and 1.05.

ATTACHMENTS: None

04/09/2021 Electronically Approved by Human Resources Director, Pamela Wu RESOLUTION 2021 - ___

A RESOLUTION OF THE FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS IN SUPPORT OF THE UNITED STATES OF AMERICA’S CONSTITUTION

WHEREAS, the United States of America laid the foundations of its government on a written constitution; and

WHEREAS, that Constitution provided a structure of government designed to prevent the rise of tyranny through a carefully designed system of separation of powers, preventing any one branch of that government from obtaining a dangerous advantage over the States and the People; and

WHEREAS, that Constitution embodies a Bill of Rights protecting citizens’ most cherished liberties, to include Freedom of Religion, Freedom of Speech, the Right to Peacefully Assemble, the Right to Petition the Government for Redress of Grievances, the Right to Bear Arms, the Right to be Secure in Their Property and Possessions, the Right Against Self Incrimination, the Right to Due Process and Fair Trials Before an Impartial Jury, and other essential rights and protections necessary to a free people; and

WHEREAS, that Constitution reserves all powers, not specifically granted to the Federal Government, to the States and The People; and

WHEREAS, since the founding of this country much Blood and Treasure have been expended defending that constitution and the freedoms it supports; and

WHEREAS, the members of this Board and other elected officials of Flagler County have taken a solemn oath to defend that Constitution against all enemies, both foreign and domestic.

NOW THEREFORE, we do firmly resolve to protect and defend The Constitution of The United States of America against all enemies, both foreign and domestic, and to resist any intrusions on the sacred rights protected by that Constitution.

Passed and Adopted this 5th day of April 2021.

FLAGLER COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: ______Donald T. O’Brien Jr., Chair Tom Bexley, Clerk of the Circuit Court & Comptroller Approved as to Form:

Digitally signed by Sean S. Moylan ______Sean S. Moylan Date: 2021.04.05 16:59:05 -04'00' Sean S. Moylan, Assistant County Attorney