Okaloosa County BOCC — March 17, 2015 — PAS Agreement Phase 4

PLANNING ASSISTANCE TO STATES AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND OKALOOSA COUNTY, FLORIDA, BOARD OF COMMISSIONERS FOR OKALOOSA COUNTY PHASE IV 14 THIS AGREEMENT is entered into this @ day of 2B , 20,12(, by and between the Department of the Army (hereinafter the “Government”), represented by the District Engineer, and the Okaloosa County, Florida, Board of Commissioners hereinafter the “Sponsor”), represented by the Chairman signing the agreement. WITNESSETH, THAT: WHEREAS, Section 22 of the Water Resources Development Act of 1974 (WRDA 1974), Public Law 93-251, as amended, authorizes the Secretary of the Army (Secretary), acting through the Chief of Engineers, to cooperate with any State in the preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins, watersheds, or ecosystems located within the boundaries of such State; WHEREAS, Section 319 of the Water Resources Development Act of 1990 (WRDA 1990), Public Law 101-640, specifies the cost-sharing requirements applicable to the provision of Federal assistance pursuant to Section 22 of WRDA 1974, as amended; WHEREAS, Section 2013 of the Water Resources Development Act of 2007, Public Law 110-114, amended Section 22 of the Water Resources Development Act of 1974, Public Law 93-251, as amended (42 U.S.C. 1962d-16) to increase the amount of in-kind contributions the Sponsor may provide toward its required contribution of Study Costs from 50 percent to 100 percent and to increase the statutory limitation on the amount that may be expended to carry out comprehensive plans in any one year in any one State from $500,000 to $2,000,000; WHEREAS, the Sponsor may provide up to 100 percent of its required contribution of Study Costs by the provision of services, materials, supplies or other in-kind services; WHEREAS, the Sponsor has identified the need for technical and planning assistance as described in the Scope of Work, Attachment A, incorporated into this Agreement; and WHEREAS, the Sponsor has the authority and capability to furnish the cooperation 1of7 hereinafter set forth and is willing to participate in cost-sharing and financing in accordance with the terms of this Agreement. NOW, THEREFORE, the Government and Sponsor agree as follows: ARTICLE I - DEFINITIONS A. The term “Study” shall mean the tasks identified in the attached Scope of Work. B. The term "Study Costs" shall mean all disbursements by the Government pursuant to this Agreement, from Federal appropriations or from funds made available to the Government by the Sponsor and in-kind contributions performed by the Sponsor pursuant to this Agreement. Study Costs shall include, but not be limited to: labor charges; direct costs; overhead expenses; supervision and administration costs; the costs of participation in Study Management and Coordination in accordance with Article IV of this Agreement; the costs of contracts with third parties, including termination or suspension charges; and any termination or suspension costs (ordinarily defined as those costs necessary to terminate ongoing contracts or obligations and to properly safeguard the work already accomplished) associated with this Agreement. C. The term "estimated Study Costs" shall mean the estimated cost of performing the Study as of the effective date of this Agreement, as specified in Article III.A. of this Agreement. D. The term "study period" shall mean the time period for conducting the Study, commencing with the release to the U.S. Army Corps of Engineers, Mobile District of initial Federal funds following the execution of this Agreement and ending when the Mobile District provides the planning report to the Sponsor. E. The term "SOW" shall mean the Scope of Work, which is attached to this Agreement and which shall not be considered binding on either party and is subject to change by the Government, in consultation with the Sponsor. F. The term "f