Okaloosa County BOCC — July 7, 2015 — Eglin Site Work Agreement

Contract No. EAFB 65-15 Page 1 of 3 SITE WORK AGREEMENT BETWEEN EGLIN AIR FORCE BASE, FLORIDA and OKALOOSA COUNTY, FLORIDA This Agreement is effective upon signature of both parties, by and between the Commander, 96th Civil Engineer Group, located at 501 Deleon Street, Eglin Air Force Base, Florida (government) and Okaloosa County, a county government created under the laws of the State of Florida, with its principle offices located at 101 East James Lee Boulevard Crestview, Florida 32536 (county). WITNESSETH WHEREAS, pursuant to an Escrow Agreement made as of 03 Oct 06 and amended on 03 Oct 07 between the United States of America acting by and through the Secretary of the Air Force, the County, and Sun Trust Bank. WHEREAS, the county intended to authorize the payment of funds, via a draw request, by Sun Trust Bank as permitted by the Escrow Agreement, upon direction by the government, as provided herein. NOW THEREFORE, in consideration of the mutual benefits to be derived by the terms of the Escrow Agreement, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The county shall undertake, perform and complete site work in accordance with the Escrow Agreement and 10 USC 2667(c)(1). Specifically, the county shall cause to be provided to the government: Provide enterprise data management system technical support. Okaloosa county purchasing fee is three percent of this total project. 3. The parties agree that the value will be the approved contract price. 4. The couhty has the right to engage contractors and subcontractors to undertake, perform and complete the above-mentioned Site Work. 5. The county has the right to submit to the Escrow Agent a draw request to fund the site work. Within 10 business days after receipt of a properly prepared and delivered draw request, the government shall grant or withhold its approval. Contract No. EAFB 65-15 Page 2 of 3 6. The government shall obtain any permits necessary for completion of the project. The government shall be responsible for inspection and acceptance of said work listed in the attached Performance Work Statement. 7. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the parties under any circumstances. 8. Records of labor and material provided in accordance with this Agreement shall be maintained and made available upon request to the government at all times during the period of this Agreement for three years after delivery is made. Copies of these documents and records shall be furnished to the government upon request. 9. This document incorporates and includes all prior negotiations, correspondence, conversations, Agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, Agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 10. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this agreement, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 11. The right to make changes in the work, including alterations, reductions therein or additions thereto is reserved to the government.