Okaloosa County BOCC — December 16, 2014 — PAS Phase IV Agreement — reading text

in accordance with the provisions of this Agreement. ARTICLE VII - RELATIONSHIP OF PARTIES The Government and the Sponsor act in independent capacities in the performance of their respective rights and obligations under this Agreement, and neither are to be considered the officer, agent, or employee of the other. ARTICLE VIII - FEDERAL AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement, the Sponsor and the Government shall comply with all applicable Federal and State laws and regulations, including, but not limited to: Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d) and Department of Defense Directive 5500.11 issued pursuant thereto and Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army." ARTICLE IX - TERMINATION OR SUSPENSION A. This Agreement shall terminate at the conclusion of the Study Period, and neither the Government nor the Sponsor shall have any further obligations hereunder, except as provided in Article III.C.; provided that, prior to such time and upon 30 calendar days written notice, either party may terminate or suspend this Agreement. In addition, the Government shall terminate this Agreement immediately upon failure of the Sponsor to fulfill its obligation under Article III of this Agreement. In the event that either party elects to terminate this Agreement, both parties shall conclude their activities relating to the Study and proceed to a final accounting in accordance with Article IIL.C. of this Agreement. Upon termination of this Agreement, all data and information generated as part of the Study shall be made available to both parties. B. Any termination of this Agreement shall not relieve the parties of liability for any obligations previously incurred, including the costs of closing out or transferring any existing contracts. 6 of 7 ARTICLE X — NOTICES A. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or mailed by first-class, registered, or certified mail, as follows: If to the Non-Federal Sponsor: Okaloosa County Board of Commissioners 1804 Lewis Turner Blvd #206 Fort Walton Beach, FL 32547 If to the Government: Commander, U.S. Army Corps of Engineers Mobile District P O Box B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Engineer. DEPARTMENT OF THE ARMY BY: OKALOOSA COUNTY, FLORIDA BY: JON J. CHYTKA Colonel, U.S. Army District Commander Mobile District DATE: Attachment - Scope of Work Tof7 CHARLES K. WINDES, JR. Chairman, Board of Commissioners Okaloosa County, Florida DATE: CERTIFICATE OF AUTHORITY I], C rQsorg Ve DLewesks hereby certify that I am the principal legal officer of the Okaloosa County, Florida, Board of Commissioners, that the Okaloosa County, Florida, Board of Commissioners is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the Okaloosa County, Florida, Board of Commissioners in connection with the studies referenced in the Scope of Work in Attachment A to this Agreement, and to pay damages in accordance with the terms of this Agreement, if necessary, in the event of the failure to perform, as required by Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended (42 U.S.C. 1962d-5b), and that the persons who have executed this Agreement on behalf of the Okaloosa County, Florida, Board of Commissioners have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this \ | (aay of ‘Deeatdoas. 2014. ie, GREGQRY STEWART, ESQ Okaloosa County Attorney CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with 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. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Stand Form — LLL, “Disclosure Form to Report Lobbying,” in accordance with it’s instructions. (3) The undersigned shall require that the language of this Certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre-requisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. CHARLES K. WINDES, JR. Chairman Okaloosa County, Florida, Board of Commissioners