Okaloosa County BOCC — November 5, 2013 — Final Operating Agreement — reading text

OPERATING AGREEMENT For AIRCRAFT RESCUE AND FIREFIGHTING FACILITY LEASE AGREEMENT AT EGLIN AIR FORCE BASE  Table of Contents Section Page 1. Purpose................................................................................................................... 1 2. General Obligations of Parties................................................................................ 1 3. Operational Requirements-...................................................................................... 1 4. Term ......................................................................................................................... 2 5. Representatives........................................................................................................ 2 6. Management Review Committee (MRC) ................................................................. 2 7. Access to Leased Premises ....................................................................................... 2 8. Termination and Modification ................................................................................. 3 9. Notices and Disputes................................................................................................ 3 This Operating Agreement “Agreement” is made effective as of this ___ day of _______________, 2013, between Department of the Air Force (the “Government”) and Okaloosa County, Florida (the “Lessee”) a political subdivision created under the laws of the State of Florida. The Government and the Lessee may be referred to jointly as the “Parties” and each separately as a “Party”. Any capitalized terms not otherwise defined herein shall have the meaning set forth in the Lease (as defined below). 1.0 PURPOSE This Agreement implements the terms and conditions of Lease USAF-AFMC-FTFA-14-2-0030 (the “Lease”) entered into on____________, 2013, by the Government and the Lessee for the purposes of the construction and maintenance of an Aircraft Rescue and Firefighting Facility (ARFF) on approximately four (4) acres on Eglin Air Force Base (“Eglin AFB”). 2.0 GENERAL OBLIGATIONS OF THE PARTIES 2.1. The Lessee shall construct the ARFF on the leased premises pursuant to approved construction plans dated June 2013 . The Lessee shall obtain all required permits and shall construct facility at no cost to the Government. 2.2 The Lessee shall provide utility connections to connection points as detailed in the construction design documents and plans. The Government will connect the ARFF to existing or new Government installed utilities on Eglin AFB. Utility costs during both construction and operation of the ARFF are the responsibility of the Government. 2.3 The Lessee shall, after completion of the ARFF, maintain the “Building Systems” at no expense to the Government. Building Systems include all mechanical, electrical, plumbing and structural systems and components of the facility constructed by Okaloosa County. The Government will maintain the landscaping, provide routine facility maintenance including maintenance of utilization equipment attached to the mechanical, electrical, plumbing, Westnet First-In Alerting Smart Station System and will provide required janitorial services. The Government will also maintain all specific systems associated with the firefighting mission of the facility that were installed by and funded by the Government. 2.4 The Lease incorporates this Agreement by reference. In the event of any conflict between the provisions of the Lease and those of this Agreement, the provisions of the Lease will govern. 3.0 OPERATIONAL REQUIREMENTS 3.1 Upon Lessee’s completion of construction of the ARFF Facility pursuant to the terms of the Lease, Government shall: 1-3  3.1.1 Provide and maintain the ARFF equipment required to equip the ARFF to provide ARFF Services as required under the terms of Part 139 of the Federal Aviation Regulations, as specified in Condition 3.1.4 below, and such additional fixtures, furnishings and equipment as are necessary to properly furnish and equip the ARFF, including security and communications equipment. 3.1.2 Provide the materials and supplies necessary to provide the required ARFF Services, including extinguishing agents and firefighting equipment and clothing necessary to equip personnel. 3.1.3 Provide the required ARFF personnel and equipment at the ARFF at all times during scheduled civil aircraft operations’ hours at the Airport. 3.1.4 All ARFF Services, including the provision of ARFF equipment, staffing and supplies provided for the Airport, shall be provided at the level required and are subject to inspection under Part 139 of the Federal Aviation Regulations or in accordance with such substitute requirements and standards for such services, equipment and supplies as may otherwise be agreed to by the United States Air Force and the Federal Aviation Administration. All ARFF Services (including all ARFF equipment, manpower and supplies (including extinguishing agents) shall be provided to Lessee and the Airport at no additional cost other than the payment of the joint-use fees provided for in the JUA. 4.0 TERM This Agreement shall be effective from the date of execution by the Parties and shall terminate upon the expiration or earlier termination of the Lease. 5.0 REPRESENTATIVES 5.1 The authorized representative for the administration of and the amendment of this Agreement on behalf of the Government is the Installation Commander, Eglin AFB, Florida (“Commander”). Except as otherwise specifically provided, any reference in the Operating Agreement to “Commander” shall include his or her authorized representative and any duly appointed successor. 5.2 The authorized representative for the administration and amendment of this Agreement on behalf of the Lessee is the Airports Director of Okaloosa County, Florida. 6.0 MANAGEMENT REVIEW COMMITTEE The Lessee and the Government have previously established a Management Review Committee to discuss issues related to the Northwest Florida Regional Airport Master Lease. This Committee will also address issues with the ARFF Lease and this Operating Agreement. 2-3 7.0 ACCESS TO LEASED PROPERTY The Government and the Lessee will have access to the Lease Premises and the ARFF as required to fulfill requirements under the Lease. 8.0 TERMINATION AND MODIFICATION This Agreement shall continue in full force and effect during the Lease term. The Agreement may be amended or modified only by mutual agreement of the Government and Lessee in writing and signed by both parties 9.0 NOTICES AND DISPUTES Notices and disputes concerning this Agreement shall be governed by Conditions 20 and 22 of the Lease. IN WITNESS WHEREOF, the respective duly authorized representatives of the Parties hereto have executed this Agreement on the date set forth below their respective signatures. UNITED STATES AIR FORCE By: Deputy Assistant Secretary of the Air Force (Installations) Date: OKALOOSA COUNTY, FLORIDA By: Chairman, Okaloosa County Board of County Commissioners Date: 3-3