Okaloosa County BOCC — August 18, 2015 — MOU Agreement

Atacimar 4 Memorandum of Understanding Between Okaloosa County, Florida and Northwest Florida State College For Utility Payments at the 911 Emergency Operations Center THIS AGREEMENT, entered into this /5 day of July , 2015, by and between Okaloosa County, Florida (hereinafter the “County”), and Northwest Florida State College (hereinafter “NWEFSC”). WHEREAS, The County and NWFSC jointly funded the construction of NWFSC’s Community Services Complex on its Niceville campus; and WHEREAS, NWFSC agreed to lease to the County the 911 Emergency Operations Center, a portion of the Community Services Complex by entering into Lease #1.08-0319-PS on August 5, 2008, further amended by “Lease Addendum #1” on October 21, 2010; and WHEREAS, “Lease Addendum #1” requires that the | County pay a proportionate share of utilities, to be determined by NWFSC, for its usage of thé 911 Emergency Operations Center; and WHEREAS, recently due to an oversight, the County did net receive bills from NWFSC for October 2014 going forward, and was eventually notified of the discrepancy by NWESC of arrears now due in the amount of $30,766.28; and WHEREAS, once the arrears are paid the County will be current on its billing; and | WHEREAS, NWFSC and the County find it to be in the public interest to enter into the Memorandum of Understanding to address and ffie_morialize the resolution of the issues regarding the arrears and the billing of utilities for the County’s use of the 911 Emergency Operations Center moving forward. Aokt & NOW THEREFORE, the parties to this Agreement do agree, covenant and stipulate as follows: I Recitals 1. That the above recitals are true and that they are incorporated as part of this Agreement. II. Utility Payments in Arrears 2. The County, upon execution of this Agreement shall make payment in the amount of $30,766.28 to NWFSC. ‘ 3. The parties acknowledge that sajd payment shall satisfy-any and all arrears owed by the County to NWFSC. 4 Any arrears not encompassed by the $30,766.28 payment shall be deemed forgiven by NWFSC . 5. For all intents and purposes, upon payment of the arrears as set forth above, the County will be current on all payments for utilities for its use of the 911 Emérgency Operations Center. III. New Utility Payments 6. Attached as Exhibit “A” and incorporated by reference is “Lease Addendum #1” for Lease #1.08-03 19;PS”, which sets forth the procedure that has been utilized and will continue to be utilized, by the parties in determining the County’s - proportionate share of utilities for use of the 911 Emergency Operations Center within NWFSC’s Niceville campus. 7. No later than ten (10) days after receipt of a bill from a utility provider, NWFSC shall make a determination as to the County’s proportionate share of the utility payment and shall submit to the County an invoice of its proportiofiate' share of the utility payment along with an attached copy of the bill. 2 Atdiciment 4 8. Once in receipt of the invoice, the County will promptly make payment to NWFSC for any outstanding proportionate share of the utility payments due. IN WITNESS WHEREOQF, the undersigned have executed this Agreement on the date indicated above. NORTHWEST FLORIDA STATE COLLEGE VMHW/ s Date: 0'7///5//20/5 KEZMO L gk Witness #1 Witness #2 OKALOOSA COUNTY, FLORIDA Date: Nathan D. Boyles, Chairman ATTEST: J.D. Peacock, Clerk and Comptroller