Okaloosa County BOCC — January 18, 2013 — reading text

or be construed to render, either of the Parties liable to any third party for debts or obligations of the other Party. ARTICLE VIII - REPRESENTATIONS AND CERTIFICATIONS Section 801. Applicable Law. This Agreement is being used to implement a Federal program. Accordingly, this Agreement shall be governed by, and construed according to, Federal law as it may affect the rights, remedies, and obligations of the United States. Section 802. Nondiscrimination. The Eligible Entity agrees that no person shall be denied benefits of, or otherwise be subjected to discrimination in connection with, performance of the Eligible Entity under this Agreement, on the ground of race, religion, color, national origin, sex or handicap. Accordingly and to the extent applicable, the Eligible Entity covenants and agrees to comply with the following in performing its obligations under this Agreement: a. Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d-200d-7), and applicable DOD regulations (32 C.F.R. pt. 300); b. Exec. Order No. 11,246 and applicable Department of Labor regulations (41 C.F.R. pt. 60); c. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) and applicable DOD regulations (32 C.F.R. pt. 56); and, d. The Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-6107) and applicable regulations (45 C.F.R. pt. 90). Section 803. Lobbying. 12 Packet Pg. 227  7.3.a.c a. The Eligible Entity agrees that it will not expend any funds appropriated by Congress to pay any person for influencing or attempting to influence an officer or employee of any agency, or a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; and, the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or Attachment: Exhibit C_procedures (1266 : REPI Phase 3 Agreement between OCWS and the Air Force) cooperative agreement. b. The Final Rule, New Restrictions on Lobbying, issued by the Office of Management and Budget and the Department of Defense (32 C.F.R. pt. 28) to implement the provisions of 31 U.S.C. § 1352, is incorporated by reference. Section 804. Drug-Free Work Place. a. The Eligible Entity agrees that it will comply with the provisions of the Drug-Free Work Place Act of 1988 (41 U.S.C. §§ 701-707) and maintain a drug-free workplace. b. The Final Rule, Government-Wide Requirements for Drug-Free Workplace (Grants), issued by the Office of Management and Budget and the Department of Defense (32 C.F.R. pt. 28, Subpart f) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference, and the Eligible Entity covenants and agrees to comply with all their provisions, including any amendments to the Final Rule that may later be issued. Section 805. Equal Employment Opportunity. The Eligible Entity agrees to comply with Exec. Order No. 11,246 entitled “Equal Employment Opportunity,” as amended by Department of Labor regulations (41 C.F.R. pt. 60). Section 806. Exceptions to Provisions of Article VIII. The provisions in this Article VIII do not apply to land transactions. They apply only to any other non-land contracts written as a result of this Agreement that are funded with these Federal funds. ARTICLE IX - PROCUREMENT Section 901. Eligible Entity Contract Flow-down. Subject to existing contracts, the Eligible Entity is required to insert the substance of the provisions of Article VIII in all contracts issued under this Agreement, other than purchase or option agreements with real property sellers, unless local laws or regulations offer more protection. 13 Packet Pg. 228  7.3.a.c ARTICLE X - LEGAL AUTHORITY Section 1001. Legal Authority. Neither the Eligible Entity nor the Air Force is under any existing or foreseeable legal Attachment: Exhibit C_procedures (1266 : REPI Phase 3 Agreement between OCWS and the Air Force) disability that would prevent or hinder it from fulfilling the terms and conditions of this Agreement. The Parties shall promptly notify each other of any legal impediment that arises during the term of this Agreement that may prevent or hinder its fulfillment of its obligations under this Agreement. ARTICLE XI - TERMINATION, ENFORCEMENT, CLAIMS, DISPUTE RESOLUTION, AND APPEALS Section 1101. Termination. This Agreement may be terminated by mutual agreement of the Parties, but only in a single writing signed by both of them. (See also Article VII, Sections 701 and 719). Section 1102. Enforcement. The Parties may take whatever actions that are authorized by law to enforce the terms of this Agreement. 14 Packet Pg. 229  7.4.a BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 8, 2013 TO: Honorable Chairman and Members of the Board FROM: Greg Donovan SUBJECT: Approval of Amendment One to Rite Way Service, Inc. Contract DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: A proposed Amendment One to Rite Way Service, Inc. contract for airport janitorial services is being presented to the Board of County Commissioners for approval. BACKGROUND: Rite Way Service, Inc. has the janitorial services contract for the airport. The new terminal addition to the airport added five thousand (5,000) square feet to the contract. Rite Way Service, Inc. will add one thousand three hundred twenty dollars and ninety-five cents ($1,320.95) to the current monthly fee for a total monthly fee of twenty thousand three hundred forty-two dollars and sixty-eight cents ($20,342.68). The current certificate of insurance is attached along with the contract and lease internal coordination sheet. OPTIONS: Approve, Reject, or Table RECOMMENDATIONS: Staff recommends the Board approve this amendment to the original contract. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 230  7.4.a.a Packet Pg. 231 Attachment: Rite Way Amendment (1262 : Approval of Amendment One to Rite Way Service, Inc. Contract)  7.4.a.a Packet Pg. 232 Attachment: Rite Way Amendment (1262 : Approval of Amendment One to Rite Way Service, Inc. Contract)  7.4.a.a Packet Pg. 233 Attachment: Rite Way Amendment (1262 : Approval of Amendment One to Rite Way Service, Inc. Contract)  7.4.a.a Packet Pg. 234 Attachment: Rite Way Amendment (1262 : Approval of Amendment One to Rite Way Service, Inc. Contract)  7.4.a.a Packet Pg. 235 Attachment: Rite Way Amendment (1262 : Approval of Amendment One to Rite Way Service, Inc. Contract)  7.4.a.a Packet Pg. 236 Attachment: Rite Way Amendment (1262 : Approval of Amendment One to Rite Way Service, Inc. Contract)  7.5.a BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 8, 2013 TO: Honorable Chairman and Members of the Board FROM: Don Turner SUBJECT: Approve Contract for Jail Fire Sprinkler System DEPARTMENT: Facility Maintenance BCC DISTRICT: All STATEMENT OF ISSUE: The Board is requested to authorize the Chairman to execute a contract, and all other necessary documents, with SEAGO Fire Protection, LLC of Ponce de Leon, Florida, for $132,009.00 to install the final phase of the fire sprinkler system and all related work at the county jail. BACKGROUND: Almost five years ago, the county agreed to complete the fire sprinkler system at the county jail within five years to bring the facility into full compliance with the prevailing regulatory requirements. In February 2012, Facilities Maintenance staff requested a budget estimate from the county's current fire sprinkler contractor (attached) for the cost to complete the system to meet the requirements. The budget estimate provided by the contractor reflected an estimated cost of $76,030 to complete the system. FM requested and the Board approved $78,000 in the FY '13 Capital Outlay budget (attached) to cover the cost of the work. The agreement with the City of Crestview Fire Marshall is to have the system completed by the end of April 2013. The project was bid out recently and the lowest responsive bid for the project was $132,009 (bid attached) by SEAGO Fire Protection, LLC of Ponce de Leon, Florida. The county's current fire sprinkler contractor didn't submit a bid. When asked about the significant variance between their budget estimate and the bids received on the project, the county's current fire sprinkler contractor indicated that their estimating team had left out of their bid over 100 sprinkler heads, system design fees, pressure and flow testing, and some other elements of the project. There's no liability attached for the disparity. To complete the work and provide a small amount of contingency funding should missed scope items or concealed conditions be discovered, the Board is requested to approve $65,0000 in additional funding for the project. If approved, this will bring the total funding for the project to $143,000. If authorized, the additional funding will come from capital projects reserves. RECOMMENDATIONS: The Board is requested to authorize the Chairman to execute a contract, and all other necessary documents, with SEAGO Fire Protection, LLC of Ponce Packet Pg. 237  7.5.a de Leon, Florida, for $132,009.00 to install the final phase of the fire sprinkler system and all related work at the county jail.