Okaloosa County BOCC — July 1, 2014 — completd Internal Coordination for Eglin UP

EXHIBIT D CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: Tracking Number: oS. ao 7 3 Contractor/Lessee Name: Cléalioss (ean ly bY ad Purpose: Wp apose-/ ub ubmn Pal 2 lia ‘ie Gln | ue : Date/Term: 5b Vee (wa iF [A GREATER THAN $50,000 Amount:_ 722 2. (] GREATER THAN $25,001 Department: We 3. CL) $25,000 OR LESS Dept. Monitor Name: ¢ LAL, feel Mevk Lire Purchasing Review salina! are met: eee Date: VA yy, ‘4 tracts & Lease Zijbe~ Risk Management Review Approved as written: AE dite Via Crrre, oF altel Date: /2 8/3 Risk Management Director county Attorney Review Loh Ohange s as mixed /\ on Craton, / Approved as-writterr. Le npined Vie. e-Ma/ ap bched. Date: whe Ls County Attorney J Following Okaloosa County approval: Contract & Grant Document has been received: Date: Contracts & Grants Manager Jack Allen rae Monday, January 28, 2013 10:38 AM To: Mark Wise Ce: Richard Brannon; Gary Real; ‘hencinosa@ngn-tally.com’; Stewart, Greg Subject: RE: Eglin UP - County Contract Review & BCC Feb 5 Attachments: Volume III Contract Documetation-01252013.doc Importance: High Hey Mark, e changes as discussed during the conference call last week as it relates to the attachment. | j -mail confirmation from Risk and Legal that they concur and | will notate their approval on the coordination sheet and e-mail it to you for your agenda packet. Thanks, Jack From: Mark Wise Sent: Monday, January 28, 2013 10:12 AM To: Jack Allen Subject: RE: Eglin UP - County Contract Review & BCC Feb 5 Jack, How is the Coordination Sheet coming along on this? Thanks, Mark Wise, P.E. Engineering Manager Okaloosa County Water & Sewer (850) 609-7079 From: Mark Wise Sent: Friday, January 18, 2013 5:19 PM To: Jack Allen; Richard Brannon; Gary Real; John Dowd; Encinosa, Heather Cc: Stewart, Greg; Jeff Littrell; Brenda L. Bailey; Jim Blalock Subject: RE: Eglin UP - County Contract Review & BCC Feb 5 Contract Review Team, As you are aware, our team is hard at work putting together the County’s proposal/offer for Eglin AFB Utilities Privatization. This proposal/offer is for a 50-year contract for OCWS to operate and maintain Eglin’s potable water distribution system and wastewater collection system. This is a different animal than many prior contracts we've been involved in. Since our proposal/offer to the Fed Gov't is due in mid-February, we plan to go to the BCC on Feb 5 to obtain Board approval and authorize the Chairman to sign any and all signature blocks on the proposal/offer. A tremendous amount of work is going into 10 volumes: 4 volumes for water, 4 volumes for wastewater, and 2 volumes for the combination. Volume 3 is the Contract Documentation. By this email, we’re requesting the official County Contract Review begin on the Contract Documentation (see attached). (Jack: |’ll put a hard copy in the courier to you). This volume was produced by Constantine Engineering, with much of the work coming from HDR’s fed gov't contracting experts. Much of the language in the RFP “is what it is”; however, we can take exceptions. Therefore, the most important portion of this document is “Table 1 — Contract Terms and Conditions Exceptions” (see pages 9-22). This portion has already been reviewed by Ms. Encinosa, and revised per 1 Jack Allen Sent: Monday, January 28, 2013 10:58 AM To: Jack Allen; Mark Wise Cc: Richard Brannon; 'hencinosa@ngn-tally.com’; Stewart, Greg Subject: RE: Eglin UP - County Contract Review & BCC Feb 5 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. From: Jack Allen Sent: Monday, January 28, 2013 10:38 AM To: Mark Wise Cc: Richard Brannon; Gary Real; 'hencinosa@ngn-tally.com’; Stewart, Greg Subject: RE: Eglin UP - County Contract Review & BCC Feb 5 Importance: High Hey Mark, Purchasing concurs with the changes as discussed during the conference call last week as it relates to the attachment. | just need e-mail confirmation from Risk and Legal that they concur and | will notate their approval on the coordination sheet and e-mail it to you for your agenda packet. Thanks, Jack From: Mark Wise Sent: Monday, January 28, 2013 10:12 AM To: Jack Allen Subject: RE: Eglin UP - County Contract Review & BCC Feb 5 Jack, How is the Coordination Sheet coming along on this? Thanks, Mark Wise, P.E. Engineering Manager Okaloosa County Water & Sewer (850) 609-7079 From: Mark Wise Sent: Friday, January 18, 2013 5:19 PM To: Jack Allen; Richard Brannon; Gary Real; John Dowd; Encinosa, Heather Cc: Stewart, Greg; Jeff Littrell; Brenda L. Bailey; Jim Blalock Subject: RE: Eglin UP - County Contract Review & BCC Feb 5 1 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. -_ Tuesday, January 29, 2013 2:19 PM To: Jeff Littrell Cc: Mark Wise; Encinosa, Heather; Jim Curry Subject: EglinW &SK Jeff: | keep thinking about Heather’s comment on 1/15 about the affirmative duties: “Finally, although I’m confident your team has familiarity with all of the incorporated federal regulations, | wanted to point out a few FARs that contain affirmative duties on the part of a successful proposer: 52.203-7 — anti-kick back detection plan needs to be in place 52.203-11 — must certify that did use federal monies to lobby or otherwise attempt to influence this federal transaction 52.204-10 —- OCWs has an ongoing responsibility to report any subcontractors 52.207-3 — responsibility to hire qualified government employees 52.209-6 — verify whether any subcontractors have been debarred 52.209-7 — heightened reporting requirements is you are recipient of $10 million + in federal grants. RESTORE may trigger this for the county.” We need to make sure that we have someone on staff that is familiar with compliance on these issues, as well as any others, if we are successful in negotiating a contract. | don’t know whether this can best be accomplished by sending them to classes or a new hire. Thanks, John Jack Allen Pipa soh cont Sioa January 29, 2013 10:50 AM To: Jim Kizer Cc: Jeff Littrell; Stewart, Greg; Jack Allen; Richard Brannon, Gary Real; John Dowd; Mark Wise; Labenz-Hough, Jeff; Brainard, Michael Subject: RE: Eglin UP Vol 3 Thanks. What is that definition of “Uncontrollable Circumstances” intended to pertain to? That particular attachment was not referenced in the body of the proposal (at least not what I’ve seen). If you want to include that definition as a contract modification, it should likely be included in Table 1, rather than an attachment with no link to the OCWS proposal. From: Jim Kizer [mailto:JKizer@tcgeng.com] Sent: Tuesday, January 29, 2013 11:46 AM To: Encinosa, Heather Cc: ‘Littrell, Jeff/OCWS'; Stewart, Greg; Jack Allen (jallen@co.okaloosa.fl.us); Richard Brannon (rbrannon@co.okaloosa.fl.us); Gary Real (greal@co.okaloosa.fl.us); John Dowd (jrdowdsr@co.okaloosa.fl.us); Mark Wise; Labenz-Hough, Jeff; Brainard, Michael Subject: FW: Eglin UP Vol 3 Heather, | made the modifications identified below. Additionally, we made the following changes: e Item 2: We changed it from FAR 31.230-1 to FAR 52.230-1 e |tem 5: We left the values as there are. County Purchasing and OCWS had no exceptions to these values. e Item 6: We deleted all definitions except “Uncontrollable Circumstances” which we left in to help define our obligations. Thanks for the review. Jim James P. Kizer, Jr., P.E. Constantine Engineering, Inc. 1988 Lewis Turner Boulevard Fort Walton Beach, FL 32547 Telephone: 850.244.5800 Facsimile: 850.862.5808 Cellular: 850.501.8454 www.tcgeng.com From: Jim Kizer Sent: Monday, January 28, 2013 3:58 PM To: ‘Encinosa, Heather’ Cc: Jeff Littrell; Stewart, Greg; Jack Allen; Richard Brannon; Gary Real; John Dowd; Mark Wise; Brainard, Michael 1 Jack Allen From: Jack Allen Sent: Wednesday, January 30, 2013 7:34 AM To: Mark Wise; John Dowd Ce: Encinosa, Heather; Jeff Littrell Subject: RE: Eglin UP-W&SK Importance: High Mark, | did not route the hard copy of the coordination. | have it on my desk. | was waiting for everyone (Purch, Risk & Legal) to reply with their comments and | am going to note on the coordination sheet they “approved via e-mail” and the date. | will refer to Mr. Dowd’s comments on the coordination sheet and send it to you shortly. Thanks, Jack From: Mark Wise Sent: Tuesday, January 29, 2013 8:10 PM To: John Dowd Cc: Encinosa, Heather; Jeff Littrell; Jack Allen Subject: RE: Eglin UP-W&SK Mr. Dowd, We have submitted our Agenda Request to Mr. Curry; however, at this point, we still don’t have the signed Coordination Sheet. Any chance you could get to this in the morning, so we could upload to the Agenda Request in MinuteTraq? Please forgive me if I’m asking too much! We very appreciate you and Heather’s thorough and timely review. Thanks, Mark Wise, P.E. Engineering Manager Okaloosa County Water & Sewer (850) 609-7079 From: Jeff Littrell Sent: Tuesday, January 29, 2013 5:33 PM To: John Dowd Cc: Mark Wise; Encinosa, Heather Subject: RE: Eglin UP - W&SK John, Thanks for your comments. This is something that we will need to address. We probably will have a long time after submittal of our proposal before DLA makes a formal award. We have some time to carefully consider matters such as those you have raised Jeff Littrell, Director Okaloosa County Water & Sewer System 850-651-7172 Jack Allen Subject: FW: Eglin UP Vol 3 ? y, January 28, 2013 4:58 PM To: Encinosa, Heather Cc: Jeff Littrell; Stewart, Greg; Jack Allen; Richard Brannon; Gary Real; John Dowd; Mark Wise; Brainard, Michael (Michael.Brainard@hdrinc.com); Labenz-Hough, Jeff Subject: RE: Eglin UP Vol 3 Good comments Heather, Thanks. Please review my response below. Jim James P. Kizer, Jr., P.E. Constantine Engineering, Inc. 1988 Lewis Turner Boulevard Fort Walton Beach, FL 32547 Telephone: 850.244.5800 Facsimile: 850.862.5808 Cellular: 850.501.8454 www.tcgeng.com To: Mark Wise; Jack Allen; Richard Brannon; Gary Real; John Dowd Cc: Jeff Littrell; Stewart, Greg; Jim Kizer Subject: RE: Eglin UP Vol 3 | went through the original 1/18 version of this document and spent some time today cross referencing it to the version that was sent on Friday. | have the following comments: (1) Page 3, Section L.6.1.2 references Representations and Certifications that are supposed to be found in Attachment 4. The Attachment 4 to the document | received is a series of contract definitions. The two do not seem to be related at all. As | understand the RFP, the Representations and Certifications that should be included are those needed to comply with FAR 52.204-99, the System for Award Management Registration. Should this reference be to Attachment 2? If so, what is Attachment 4 pertaining to? Response: You are correct, we re-organized the attachments and forgot to check back in the text. This has been changed to Attachment 2. (2) Page 4, Section L.6.1.3 — this section refers to FAR 31.230-1 on Cost Accounting Standards. | do not think this specific FAR exists. The AR for Cost Accounting Standards in the RFP is FAR 52.230-1. Again, this section also refers to Attachment 4, which contains only a series of Contract Definitions. Should this reference be to Attachment 2? If so, what is Attachment 4 pertaining to? Response: We are still evaluating the FAR numbering issue and will have it resolved shortly. You are correct, we re-organized the attachments and forgot to check back in the text. This has been changed to Attachment 2. (3) Page 6, Section L.6.1.5 — the text discusses a waiver of FAR Part 31, but | think its more accurate to request a waiver from the Cost Accounting Standards in 52 and a deviation from FAR Part 31. Response: We have revised the text to read: “...grant a waiver to the Cost Accounting Standards and a deviation to FAR Part 31.” (4) Page 22, Section L.6.2.1 CAS Waiver and FAR Part 31 Deviation. The last sentence of the first paragraph is a cross reference that can be deleted (it’s a reference back to this specific section so out of place). See comment in #3 above on deviation language. Response: Deleted last sentence and we have revised the text to read: “...grant a waiver to the Cost Accounting Standards and a deviation to FAR Part 31.” (5) Page 25, Section L.6.3.2 — Subcontracting plan. It mentions that OCWS will be awarding certain services without competition. The levels outlined appear to be below state law thresholds for competitive procurement, but the County needs to ensure that they will not violate local purchasing policies. Response: We will check with County Purchasing to see what values we should place on these numbers. (6) Attachment 4 - If the above references in the response that currently state “Attachment 4” should be “Attachment 2” then there is no reference at all to an Attachment 4 in the OCWS response. | cannot determine how these definitions are relevant or needed. Response: As stated above, we re-organized the attachments and forgot to check back in the text. This has been changed to Attachment 2. | will have Michael Brainard respond to their relevance. Thanks again. | will follow up with the remainder of the responses as soon as | get them. Jim Heather J. Encinosa, Esq. Nab Giblin® i Nickerson» 1500 Mahan Drive, Suite 200 Tallahassee, Florida 32308 (850) 224-4070 hencinosa@ngnlaw.com The information contained in this e-mail is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately and delete this message. Thank You. Internal Revenue Service regulations require that certain types of written advice include a disclaimer. To the extent the preceding message contains advice relating to a Federal tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer, for the purpose of avoiding Federal tax penalties, und was not written to support the promotion or marketing of any transaction or matter discussed herein. Thank you. From: Mark Wise [mailto:mwise@co.okaloosa.fl.us] Sent: Friday, January 25, 2013 5:34 PM To: Jack Allen; Richard Brannon; Gary Real; John Dowd; Encinosa, Heather 2