Okaloosa County BOCC — April 15, 2014 — Cooperative Agreement — reading text

financial or other reports required by the terms of this Agreement, the Air Force may require the Eligible Entity to prepare additional reports or provide additional information relating to this Agreement. The Eligible Entity agrees to deliver these reports or information within a reasonable time of request and with required detail. Section 715. Reserved. Section 716. Long-Term Monitoring and Enforcement of Easement Property Restrictions. a. After recordation of the Easement, unless otherwise agreed, the Eligible Entity shall take responsibility for long-term monitoring of the Easement Area to verify compliance with the Easement, and to take any necessary enforcement action, as agreed to in this Section 716 hereof. The Air Force will retain the right to enforce the terms of the Easement when appropriate. b. In the event of an observed or suspected breach of the Easement, the Parties will inform and consult with each other prior to taking any enforcement action. The Air Force will assist the Eligible Entity in its enforcement of the Easement restrictions to the fullest extent allowable under applicable law. Section 717. Negotiations. Negotiations with the landowners on the Real Property Interest(s) to be acquired will be conducted by the Eligible Entity, or its authorized representative, in a manner that will assure the most favorable price and terms are obtained for the Air Force by the Eligible Entity. Section 718. Termination of Third Party Agreements. The Parties may terminate any commitments entered into with third parties to perform under this Agreement by either Party giving 30 days prior written notice to the other Party in accordance with Section 708. Section 719. Relationship Not a Partnership or Joint Venture. Nothing in this Agreement shall be construed to make the Parties partners or to make them parties in a joint venture. Each Party will be acting under this Agreement, and related agreements, solely as an individual entity and will be liable for its own acts. Nothing in this Agreement shall render, 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. Nothing in this Agreement shall be construed to constitute a waiver of Federal Supremacy or Federal sovereign immunity. Section 802. No Discrimination. 12  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: a. Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d-2000d-7), and applicable DoD regulations (32 CFR, pt. 300); b. Executive Order No. 11,046 and applicable Department of Labor regulations (41CFR, pt. 60); c. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and applicable DoD regulations (32 CFR, pt. 56); and d. The age Discrimination Act of 1975 (42 U.S.C. §§ 6101-6107) and applicable regulations (45 CFR, pt. 90) Section 803. Lobbying. a. The Eligible Entity agrees that it will not expend any funds appropriated by Congress to pay any person for influencing for 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 cooperative agreement. b. The Final Rule, New Restrictions on Lobbying, issued by the Office of Management and Budget and the Department of Defense (32 CFR 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 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 CFR, 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 and Opportunity. The Eligible Entity agrees to comply with Executive Order No. 11, 246, entitled “Equal Employment Opportunity,” as amended by Department of Labor regulations (41 CFR, pt. 60). Section 806. Exception 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 same Federal funds. 13  ARTICLE IX – THIRD PARTY CONTRACTS 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 third party contracts or agreements issued under this Agreement other than purchase or option agreements with real property sellers, unless local laws or regulations offer more protection. ARTICLE X – LEGAL DISABILITY Section 1001. Legal Disability. Neither the Eligible Entity nor the Air Force is under any existing or foreseeable legal 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 AND ENFORCEMENT Section 1101. Termination. This Agreement may be terminated earlier than the five year term provided in Section 701by mutual agreement of the Parties in a single writing signed by both of them upon completion of the project(s) and other purposes as provided in this Agreement. Section 1102. Enforcement. The Parties may take whatever actions authorized by law to enforce the terms of this Agreement. The Parties will inform and consult with each other prior to taking any such actions in an effort to resolve the issue(s). ARTICLE XII - EXHIBITS a. Legal Description of Initial Areas of Land Use Compatibility Concern b. Map of Areas of Concern with respect to the Installation c. Property Information Sheet (Proposed Acreage) d. Existing Acreage Description e. Property Information Sheet (Existing Acreage) (Signatures are on the next two pages.) 14  Executed this ____day of _________________, 20__, by the duly authorized officer of the Eligible Entity. OKALOOSA COUNTY, FLORIDA Approved as to form: By: ________________________________ ____________________________ Charles K. Windes, Jr., Chairman _____________________ Board of County Commissioners County Attorney ATTEST: ___________________________________ Print name: _________________________ Clerk of the Circuit Court Acknowledged before me this ___ day of _____________,20__ by (Name, Title, Company) ______ ____________________________ Notary Public, State of ________________ My Commission Expires: ______________ 15  Executed this ___ day of____________, 20__by the duly authorized officer of The United States of America. THE UNITED STATES OF AMERICA By the Secretary of the Air Force By: ____________________________________________ TIMOTHY K. BRIDGES Deputy Assistant Secretary of the Air Force (Installations) ACKNOWLEDGEMENT COMMONWEALTH OF VIRGINIA) ) SS: COUNTY OF ARLINGTON ) On the _____day of___________, 20__, before me_____________________________ the Undersigned Notary Public, personally appeared TIMOTHY K. BRIDGES, personally known to me to be the person whose name is subscribed to the foregoing Instrument, and personally known to me to be the Deputy Assistant Secretary of the Air Force (Installations), and acknowledged that the same was the act and deed of the Secretary of the Air Force and that he executed the same as the act of the Secretary of the Air Force for the purposes and consideration cited therein. _________________________________ Notary Public, Commonwealth of Virginia _________________________________ Printed Name My Commission Expires______________ 16  EXHIBIT A Legal Description of Initial Areas of Land Use Compatibility Concern Candidate Parcels in the County of Okaloosa, State of Florida General description of candidate parcels for the acquired acreage is as shown on Exhibit B within the section, township and ranges listed below: T03NR23W27 T03NR23W26 T03NR23W34 T03NR23W35 T02NR23W04 T02NR23W03 T02NR23W02 T02NR23W01 17  EXHIBIT B Map of Land Use Compatibility Concern 18  EXHIBIT C Property Information Sheet (Proposed Acreage) Owner: Haiseal Timber Co. County: Okaloosa Municipality: N/A (unincorporated) Block & Lots: N/A (see Exhibit A) Acreage: ±2,100 (All candidate parcels combined) Zoning: AA (agriculture) Notes: Acreage listed is the approximate total acreage owned by Haiseal Timber Co. in the Shoal River Area – all of that will not be purchased with this funding. 19  EXHIBIT D Existing Acreage 20  EXHIBIT E Property Information Sheet (Existing Acreage) Owner: Okaloosa County County: Okaloosa Municipality: N/A (unincorporated) Block & Lots: N/A (see Exhibit D for legal description) Acreage: ±353 Zoning: AA (agriculture) Notes: This parcel was purchased from Haiseal Timber Co. by the Okaloosa County Board of County Commissioners for the Water & Sewer Department in 2007.