Okaloosa County BOCC — August 24, 2013 — County Contract Review — reading text

RECEIVED FEB 18 os t EXHIBIT D leo CONTRACT & LEASE INTERMAL COORDINATION SHEET Contract/Lease Number: | Tracking Number: SYSAZ - Contractor/Lessee Neme:_US AF Purpose: Creat of &« et rmcat 4 seseneer/ _ Date/Term: __o? > Yeers 1. [] GREATER THAN 450,000 Amount:_ fz, WA -Pheaee , 2. To GREATER THAN $25,001 Department: logeLl Z 3. $25,000 OR LESS Dept, Menitor Name: DL troll 1 LY. Wie I | Parchasing Review | 7 Practre ts are met: _ oot. PP dys ; Cortracae® Lease Coofiiinator _ mo | ' Risk Management aewiew . ? . (< OE Phaked ) Apprpved GT , Aa TC _- | Date: Zz oor: 3 Ris Management Director ndfiect Suet tate the atinched for fed os pains T @bRagraphs xf yu | PEAD Dete: af aft 3 nhy Attorney t+ N Cok Following Okaloosa County approval: Contract & Grant Document has been received: Date: Contracts & Grants Manager \ Xil and XXill The Grantee shall indemnify, defend, save, and hold the Government harmless to the extent and as limited by the waiver of sovereign immunity provisions of Section 768.28 Elorida Statutes, against any and ail judgments, expenses, liabilities, claims, and charges of whatever kind or nature (“Losses”) that may arise a8 a result of the activities of the Grantee, whether tortious, contractual, or other, except to the extent such claim or charge is cognizable under the Federal Tort Claims Act, or, in regard to indemnification, to the extent the Grantee is prohibited from doing so by Federal or State law. Such indemnification also shal! include, but not be limited to, any costs or claims arising from, or related to, any damage to property, or injury to or death of a person to the extent that the Grantee’s negligent management of contaminated soils caused, or contributed to, such damage, injury, or death. Nothing in this Agreement shall contractually obligate Grantee to exceed the limits of the limited waiver of sovereign immunity provide Jaw, In accordance with Section C, Environmental Response, the Grantee shall not be required to indemnify the Government for Losses that are both caused by pre-existing environmental conditions and not caused by the negligence, misconduct, or recklessness of the Grantee. Mark Wise From: ~ John Dowd Sent: Vionday, July 08, 2013 4:42 PM To: Mark Wise; Gary Real Ce: Jack Allen; Jeremy Williams Subject: RE: Changes to Template: Easement - Roberts Road Mark: The attachments are fine. You do a great job negotiating with them. Thanks, John cocee Original Message----- From: Mark Wise Sent: Monday, July @8, 2013 8:00 AM To: John Dowd; Gary Real Cc: Jack Allen; Jeremy Williams Subject: FW: Changes to Template: Easement - Roberts Road Gents, Please see below email and attachments. The Air Force is inquiring, and I am curious for an update. Thanks, Mark Mark Wise, P.E. Deputy Director Okaloosa County Water & Sewer (850) 651-7502 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. -ee-- Original Message----- From: Mark Wise Sent: Thursday, June 13, 2013 9:23 PM To: Gary Real; John Dowd Cc: Jack Allen; Richard Brannon; Jeremy Williams Subject: FW: Changes to Template: Easement - Roberts Road Gents, If you recall, back in Feb/March, OCWS had an Eglin Esmt (for Roberts Blvd) go through Contract Review. The coordination sheet is attached, and Gary had also sent me comments in a separate email. I forwarded the Esmt Agreement with your requested changes back to Eglin Real Estate, who then sent it to their attorney. It took their attorneys a few months to 1 review your changes, but they have accepted some and reject others. Attached is what they believe to believe the final document. On this situation, we may be forced to accept this version...seeing that they are the federal government, and we are the ones making the request for the easement on their property. We obviously want to be legally protected, but we don't quite have the flexibility on this easement that we may have on others. Please review, and let me know if this is acceptable. Mark Wise, P.E. Deputy Director Okaloosa County Water & Sewer (850) 651-7502 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. sioloiate Original Message----- From: Hazzard, Melinda A Civ USAF AFMC 96 CEG/CEAR [mailto:Melinda.Rodriguez@eglin.af.mil] Sent: Tuesday, June 11, 2013 8:46 AM To: Mark Wise Cc: Hazzard, Melinda A Civ USAF AFMC 96 CEG/CEAR Subject: FW: Changes to Template: Easement - Roberts Road Mark, Some of the changes SAF/GCN was able to accept. Others were rejected. Please review the attached documents and let me know if OCWS is ok with the changes. Thank you, Melinda A. Hazzard Realty Specialist 96 CEG/CEAR 501 Deleon St, Suite 100 Eglin AFB, FL. 32542 DSN: 872-1348 COM: 850-882-1348 Mark Wise From: —— Gary Real > Sent: Monday, July 08, 2013 8:36 AM To: Mark Wise; John Dowd Cc: Jack Allen; Jeremy Williams Subject: RE: Changes to Template: Easement - Roberts Road It looks okay to me. Gary R. Real Risk Manager, Okaloosa County Florida 850-689-5979 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. ----- Original Message----- From: Mark Wise Sent: Monday, July 08, 2013 8:00 AM To: John Dowd; Gary Real Cc: Jack Allen; Jeremy Williams Subject: FW: Changes to Template: Easement - Roberts Road Gents, Please see below email and attachments. The Air Force is inquiring, and I am curious for an update. Thanks, Mark Mark Wise, P.E. Deputy Director Okaloosa County Water & Sewer (850) 651-7502 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. ----- Original Message----- From: Mark Wise Sent: Thursday, June 13, 2013 9:23 PM To: Gary Real; John Dowd Cc: Jack Allen; Richard Brannon; Jeremy Williams Subject: FW: Changes to Template: Easement - Roberts Road Gents, If you recall, back in Feb/March, OCWS had an Eglin Esmt (for Roberts Blvd) go through Contract Review. The coordination sheet is attached, and Gary had also sent me comments in a 1 separate email. I forwarded the Esmt Agreement with your requested changes back to Eglin Real Estate, who then sent it to their attorney. It took their attorneys a few months to review your changes, but they have accepted some and reject others. Attached is what they believe to believe the final document. On this situation, we may be forced to accept this version...seeing that they are the federal government, and we are the ones making the request for the easement on their property. We obviously want to be legally protected, but we don't quite have the flexibility on this easement that we may have on others. Please review, and let me know if this is acceptable. Mark Wise, P.E. Deputy Director Okaloosa County Water & Sewer (850) 651-7502 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. coee- Original Message----- From: Hazzard, Melinda A Civ USAF AFMC 96 CEG/CEAR [mailto:Melinda.Rodriguez@eglin.af.mil] Sent: Tuesday, June 11, 2013 8:46 AM To: Mark Wise Cc: Hazzard, Melinda A Civ USAF AFMC 96 CEG/CEAR Subject: FW: Changes to Template: Easement - Roberts Road Mark, Some of the changes SAF/GCN was able to accept. Others were rejected. Please review the attached documents and let me know if OCWS is ok with the changes. Thank you, Melinda A. Hazzard Realty Specialist 96 CEG/CEAR 5@1 Deleon St, Suite 100 Eglin AFB, FL. 32542 DSN: 872-1348 COM: 850-882-1348