Okaloosa County BOCC — February 11, 2013 — EFI - Grant for OEA Match — reading text

and ensure that the use of such funds is in accordance with all applicable laws, bylaws or contractual requirements. 22. Independent Contractor. The Grantee is acting as an independent contractor and not as EFI's employee in the performance of this Agreement. The Grantee acknowledges that EFI is not responsible for withholding and filing national or state taxes or other payroll withholdings on behalf of the Grantee. The Grantee further acknowledges that neither the Grantee nor the employees of the Grantee will participate in or receive any employee benefits, including health insurance, retirement benefits, 401(k) plan, or worker's compensation benefits provided through EFI. 23. Insurance. Grantee represents they have and will maintain during the term of this contract all insurance required by state, local and federal agencies. 24. Liability. EFI shall not assume any liability for the acts, omission to act or negligence of the Grantee, its agents, servants or employees. In all instances, Grantee shall be responsible for any injury or property damage resulting from any activities conducted by Grantee. 25. Indemnification. The Grantee shall indemnify, defend, and hold harmless EFI, DEO, and the State of Florida from and against suits, actions, damages and costs of every name and description, including attorney fee's arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, their agents, employees, partners or subcontractors within the context of this Agreement, provided, however, that Contractor shall not indemnify for that portion of any loss of damages proximately caused by the negligent act or omission of Contractor. 26. Jurisdiction. With respect to its interpretation, construction, effect, performance, enforcement, and all other matters, this Agreement shall be governed by, and be consistent with, the whole law of the State of Florida, both procedural and substantive. Any and all litigation arising under this Agreement shall be brought in the appropriate State of Florida Court in Orange County, Florida. Initials Page 8 of 13 27. Compliance with Law. The Grantee agrees that all acts to be performed by it in connection with this Agreement shall be performed in strict conformity with all applicable local, state, and federal laws and regulations. 28. Failure of Satisfactory Performance. EFI’s obligation to pay the Funds to Grantee hereunder is contingent upon EFI’s receipt when due and approval of all Status Reports, Invoices, and other reports required under this Agreement, the Grantee’s satisfactory completion of the Activities, and the satisfactory performance of the Grantee’s obligations under this Agreement, as determined by EFI in its reasonable discretion. EFI may terminate this Agreement, or reduce the amount of the Funds, at any time for the Grantee’s breach of any term herein or failure to provide satisfactory performance hereunder, as determined by EFI, without warning or notice. 29. Coordination. When reasonable, the Grantee shall coordinate with other components of the state and local development systems of the State of Florida and avoid duplication of existing state and local services and activities provided in Florida. 30. Promotional Materials. Advertisements, signs, and other promotional materials funded by this Agreement shall include reference and credit to EFI. 31. Patents, Copyrights, and Royalties. If any discovery or invention arises or is developed in the course or as a result of work or services performed under this Agreement, or in any way connected with this Agreement, the Grantee shall refer the discovery or invention to EFI to determine whether patent protection will be sought in the name of the State of Florida. Additionally, in the event that any books, manuals, films, or other copyrightable materials are produced, the Grantee shall notify EFI. 32. Future Maintenance. Grantee agrees to be responsible for future maintenance expenses and other expenses associated with the Project, if any, after the conclusion of this Agreement, unless and until future maintenance is transferred to another entity. 33. Non-Discrimination; Anti-Harassment. The Grantee shall not discriminate unlawfully against any individual employed in the performance of this Agreement because of race, religion, color, sex, physical handicap unrelated to such person’s ability to engage in this work, national origin, ancestry, or age. Grantee shall provide a harassment-free workplace, with any allegation of harassment to be given priority attention and action. 34, Public Entity Crime List; Discriminatory Vendor List. To the extent required by the Florida Statues 287.134(3)(a), the Grantee acknowledges notice of the requirements of Sections 287.134(2)(b), Florida Statutes. To its knowledge, the Grantee has not been placed on the discriminatory vendor list described by Section 287.134, Florida Statutes. To the extent required by Florida Statutes 287.133(2)(a), the grantee affirms that it is aware of the provisions of Florida Statutes 287.133(2)(b). Grantee affirms that at no time has it been convicted of a Public Entity Crime and agrees that any such conviction during the term of this Agreement may result in termination of this Agreement. 35. Unauthorized Aliens: EFI shall consider the employment by any contractor or subcontractor of unauthorized aliens as described by Section 274A(e) of the Immigration and Nationalization Act cause for termination of this Agreement. 36. Lobbying. Grantee shall not sue any funds received pursuant to this Agreement for lobbying the Florida Legislature, the judicial branch or any state agency. 37. Security Interest. To the extent required by Section 287.05805, Florida Statutes, if any part of the Funds shall be used for the purchase or improvement of real property, the Grantee shall grant to the State of Florida a security interest in the property at least equal to the amount of the Funds, such security interest to continue at least five (5) years from the date of purchase or completion of the improvement. Initials Page 9 of 13 No separate instrument shall be required in order for the Grantee to grant such security interest to the State of Florida. 38. No Pledge of Credit. The Grantee has no authority to, and shall not, pledge the credit of EFI, DEO, or the State of Florida, or purport to make EFI, DEO, or the State of Florida a guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any form of indebtedness. 39. Waiver. No failure or delay on the part of EFI in exercising any power or right under this Agreement and no course of dealing or course of performance between EFI and the Grantee shall operate as a waiver thereof, nor shall any single.or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Grantee in any case shall entitle it to any notice or demand in similar or other circumstances. 40. Complete Agreement. This Agreement, with all exhibits hereto, constitutes the entire agreement between the parties and supersedes all agreements representations, warranties, statements, promises and understandings, whether oral or written, with respect to the subject matter, and neither party shall be bound by any oral or written agreements, representations, warranties, statements, promises, or understandings not specifically set forth in this Agreement. 41. Counterparts. This Agreement may be executed in counterparts and shall be of the same force and effect as if all parties had executed one copy of the Agreement. In addition, to facilitate completion and execution of the Agreement, faxed signatures shall be of the same force and effect as original signatures. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first above written. “EFI” “GRANTEE” ENTERPRISE FLORIDA, INC. Gray Swoope Name - signature President, CEO : ; Don R. Amunds Or — Designee ; Title: Chairman Date Date Initials Page 10 of 13 Initials Exhibit A Exhibit B Exhibit C Exhibit D EXHIBIT LIST FOR MILITARY BASE PROTECTION AGREEMENT Page 11 of 13 Application: Scope of Work (Schedule of Activities) Budget Audit Requirements. County Administrator's Office State of Florida January 4, 2013 Col. Rocky McPherson Director, Military and Defense Programs Enterprise Florida 1030 East Lafayette St., Suite 9 Tallahassee, FL 32301 Dear Col. McPherson, Attached for your consideration please find a request for funding assistance through Enterprise Florida’s Military Base Protection program. This funding assistance will be used to provide the non-federal match to an OEA Federal grant to continue and finalize coordinated efforts for regional implementation of a tri-county program for military compatibility, and economic diversification and sustainment. Okaloosa County is the lead agency seeking this grant as well as the OEA grant on behalf of the Northwest Florida Military Sustainability Partnership; a consortium of 3 counties and 11 municipalities, Eglin Air Force Base, and the Okaloosa County Economic Development Council. The OEA grant is essential to the success of attaining maximum implementation of the recommendations provided in the Eglin Joint Land Use Study and Small Area Studies which resulted from BRAC 2005. The paramount concern is ensuring the continued viability of the mission activities of Eglin Air Force Base (Eglin Main), Hurlburt Field, Duke Field, and the outlying fields and landing zones on the Eglin Reservation by fostering compatible development in the surrounding areas. Assisting in compatible economic development through collaborative partnerships among military and civilian co-existence is a key component of this project. We are requesting a grant as outlined on the attached 2012-2013 Military Base Protection Funding Request. Your favorable consideration of this request is appreciated. Sincerely, ome | James D. Curry County Administrator Okaloosa County Administration Building 1804 Lewis Turner Blvd., Suite 400 Fort Walton Beach, FL 32547 (850) 651-7515 ° FAX: (850) 651-7551 e-mail: jeurry@co.okaloosa.fl.us Gh A 2012-2013 Military Base Protection Funding Request Project Title: Tri-County Joint Land Use Study Implementation Counties and Bases Affected: Okaloosa County, Santa Rosa County, Walton County, Eglin Air Force Base, Duke Field, Hurlburt Field, Whiting Field Applicant: Government/Authority Federal Employee Identification Number: 59-6000765 Organization: Okaloosa County Name of Primary Contact: Brenda Bailey Title: Contracts and Grants Address: 41804 Lewis Turner Boulevard Fort Walton Beach, Florida 32547 Telephone: 850-651-7200 X4381 Fax: 850-609-5029 Email: bbailey@clerkofcourts.cc Project Summary. Okaloosa County, Florida, the sponsoring jurisdiction, completed a Joint Land Use Study (JLUS) for the Tri-County area of Okaloosa, Walton, and Santa Rosa Counties in Northwest Florida in June 2009. A key recommendation from the JLUS was all A tudy to provide more specific review and recommendations for the land in the are uence Planning Area Nil. This is an expansive land mass immediately under the low-level flight corridors, cruise missile corridors, and within one mile of Eglin’s land boundary. Four municipalities are also within this area. The figure below illustrates the extent of the area involved in this study. This scope of work will provide match to an OEA Federal grant to continue and finalize regional coordinated efforts for a tri-county program implementation for military compatibility, and economic diversification and sustainment. Sense of Immediacy: Because of the tedious process involved in adopting land use regulations in Florida, implementation of many other original JLUS recommendations were deferred until completion of the