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

cost shared in accordance with the provisions of this Agreement. ARTICLE VII - RELATIONSHIP OF PARTIES The Government and the Sponsor act in independent capacities in the performance of their respective rights and obligations under this Agreement, and neither are to be considered the officer, agent, or employee of the other. ARTICLE VIII - FEDERAL AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement, the Sponsor and the Government shall comply with all applicable Federal and State laws and regulations, including, but not limited to: Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d) and Department of Defense Directive 5500.11 issued pursuant thereto and Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army." ARTICLE IX - TERMINATION OR SUSPENSION A. This Agreement shall terminate at the conclusion of the Study Period, and neither the Government nor the Sponsor shall have any further obligations hereunder, except as provided in Article II1.C.; provided that, prior to such time and upon 30 calendar days written notice, either party may terminate or suspend this Agreement. In addition, the Government shall terminate this Agreement immediately upon failure of the Sponsor to fulfill its obligation under Article Il of this Agreement. In the event that either party elects to terminate this Agreement, both parties shall conclude their activities relating to the Study and proceed to a final accounting in accordance with Article III.C. of this Agreement. Upon termination of this Agreement, all data and information generated as part of the Study shall be made available to both parties. B. Any termination of this Agreement shall not relieve the parties of liability for any obligations previously incurred, including the costs of closing out or transferring any existing contracts. 6 of 7 ARTICLE X — NOTICES A. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or mailed by first-class, registered, or certified mail, as follows: If to the Non-Federal Sponsor: Okaloosa County Board of Commissioners 1804 Lewis Turner Blvd #206 Fort Walton Beach, FL 32547 If to the Government: Commander, U.S. Army Corps of Engineers Mobile District P O Box B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Engineer. DEPARTMENT OF THE ARMY OKALOOSA COUNTY, FLORIDA( . BY: 9@*\& @ m BY: fiéu(/, AR O] UON J. (éHYTKA CHARLES K. WINDES, JR. Colonel, U.S. Arm Chairman, Board of Commissioners District Commander Okaloosa County, Florida Mobile District DATE: // /L5 DATE: /-Ll// g{//c/ Attachment - Scope of Work 7 of 7 CERTIFICATE OF AUTHORITY 1 ('er_s.\quE \-QMO hereby certify that I am the principal legal officer of the Okaloosa Couh}y, Florida, Board of Commissioners, that the Okaloosa County, Florida, Board of Commissioners is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the Okaloosa County, Florida, Board of Commissioners in connection with the studies referenced in the Scope of Worlk in Attachment A to this Agreement, and to pay damages in accordance with the terms of this Agreement, if necessary, in the event of the failure to perform, as required by Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended (42 U.S.C. 1962d-5b), and that the persons who have executed this Agreement on behalf of the Okaloosa County, Florida, Board of Commissioners have acted within their statutory authority. ,D IN WITNESS W. OF, I have made and executed this certification this \ ko day of ) 2014. \ \/\ {7 | O REGORY STEWART, ESQ Okaloosa County Attorney CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (I) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with 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 cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Stand Form — LLL, “Disclosure Form to Report Lobbying,” in accordance with it’s instructions. (3) The undersigned shall require that the language of this Certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre-requisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. “— CHARLES K. WINDES, JR. Chairman Okaloosa County, Florida, Board of Commissioners Planning Assistance to States (PAS) Scope of Work ‘Okaloosa County, Florida Water and Sewer Department Alternatives Analysis Study ' Introduction The U. S. Army Corps of Engineers (USACE), Mobile District and Okaloosa County, Florida's Water and Sewer Department (OCWS), the non-Federal Sponsor have partnered together to plan for the development of an additional potable water source to meet the future needs of the County's citizens, businesses and military establishments. An alternative - analysis of potential water sources is needed to address the growing populace in Okaloosa County. Since much has changed since the North West Florida Water Management District (NWFWMD) and OCWS first developed the original water supply alternatives, this scope of work (SOW) focuses on ensuring that a range of alternatives, including all reasonable alternatives are considered and fully analyzed prior to proceeding further with identifying a preferred plan for OCWS consideration. Statement of Work The purpose of this SOW is to assist OCWS in confirming, refining and evaluating where needed the four water supply alternatives presented in the Water Supply Needs Analysis- Okaloosa County Technical Memorandum (TM): 1. No Action Alternative; 2. Surface Water Offline Reservoir; 3 .Surface Water Direct Withdrawal; and 4. Enhanced Conservation and or Reuse Alternative completed in July 2012, In addition, as per the recommendation from the TM, this SOW will further examine potentially practicable alternatives for meeting the County's overall future needs, including alternate water sources (i.e., surface water, groundwater, or other appropriate naturally occurring sources, and other techniques to enhance, sustain, or optimize the naturally occurring sources (e.g., water conservation, use of reclaimed water, water supply systems interconnections, artificial recharge of aquifers. A key component of this SOW will be to analyze water supply alternativesin order to appropriately capture all effects (economic, environmental and social) associated with plan selection leading implementation by OCWS. The following tasks and subtasks have been split between OCWS and the USACE. OCWS share will be conducted as 100 percent in-kind work. Task 1 — Sponsor and Corps Administration and Coordination The program and project manager’s tasks will include project delivery, including preparing a project execution plan, a quality management plan, preparing monthly status reports and invoicing, and close coordination between OCWS, USACE, stakeholders and permitting agencies. (Task cost shared $12,500 (OCWS) and $8,500 (USACE) for a total of $21,000). Task 2 — Define Range of Water Supply Alternatives . Given the on-going concerns regarding the sustainability of Floridian aquifer groundwater production along the coast, the draft 2013 water supply alternatives from the NWFWMD notes that future demands may be met through development of alternative inland groundwater or surface water sources and that the NWFWMD will continue to evaluate alternative sources under the Regional Water Supply Plan (RWSP) including surface water, expanded use of the sand and gravel aquifer, conservation, and reuse. OCWS will work with the USACE to further define the appropriate methodology for the evaluation of the alternatives in light of these recent revisions with the intent of building on the existing technical memorandums (TM) prepared to date. Task 2 will revisit the alternatives summarized in the 2012 TM. The work is designated between OCWS and USACE: ‘ 1. (USACE) Identify the full range of reasonable water supply alternatlves 2. (OCWS) Rerun the existing demand forecast model using the most recent NWFWMD demand projections for Okaloosa County as well as adjustments, as appropriate, to better characterize each of the alternatives, i.e. water use reduction potential, etc; 3. (USACE) Define the characteristics of each alternative including mltxgatlon requirements more fully for later analysis; 4. (USACE) Discuss why those alternatives not selected were ehmlnated from further detailed study; and, 5. (USACE) Develop a series of informational factsheets for use in Task 3, Public Meetings, Stakeholders Meetings and Open House on the Preliminary Water Supply Alternatives. (Task cost shared at $15,000 (OCWS) and $20,000 (USACE) for a total $35,000). Task 3 — Public Meetings / Open House on Preliminary Water Supply Alternatives Utilizing the materials developed in Task 2, OCWS and the USACE will solicit feedback from local stakeholders on the preliminary Water Supply Alternatives via a series of public meetings in strategic locations in Okaloosa County. (Task cost shared $3,000 (OCWS) and $15,000 (USACE) for a total of $18,000). Task 4 — Evaluation of Water Supply Alternatives Based on the feedback on methodology solicited in Task 2 and the local stakeholder feedback collected in Task 3, OCWS and the USACE will establish criteria for evaluating each of the alternatives carried forward using a series of economic, operational, environmental, and community factors. The alternatives will be assessed based on their ability to meet the project's overall purpose of providing additional water supplies in the future and redundancy during drought or emergency conditions, their relative cost and their potential for significant impacts as part of future NEPA analysis. (Task cost shared $32,000 (OCWS) and $10,000 (USACE) for a total of $42,000). Task S — Water Supply Alternative Evaluation Technical Memorandum TM A Water