Okaloosa County BOCC — December 18, 2012 — Volume III Contract Documetation-01292013 — reading text

Throughout "Uncontrollable Circumstance" The definition of what is included means any act, event or and excluded as an condition that, in light of the “Uncontrollable Circumstance” circumstances known or needs to be clarified to better reasonably believed to exist at define our scope and obligations the time, is beyond the reasonable control of and to the extent not the result of the willful Eglin Air Force Base  Volume III Contract Documentation Page 10 RFP Document Paragraph/ Requirement/ Rationale Page Portion or negligent act, error or omission, failure to exercise reasonable diligence, or breach of this Service Contract, on the part of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under this Service Contract, and that materially interferes with, or materially increases the cost of, performing its obligations hereunder (other than payment obligations). A. Inclusions. Subject to the foregoing, Uncontrollable Circumstances shall include, and shall not be limited to, the following: 1. a Change in Law; 2. the existence of a Pre-Existing Environmental Condition; 3. the existence of Hazardous Materials introduced by third parties into the system; 4. contamination of the System from groundwater, soil, or airborne Hazardous Material migrating from sources outside the System and not caused by OCWS Fault; 5. naturally-occurring events (except weather conditions normal for the Ft. Walton Beach, FL area) such as hurricanes, lightning, fires, tornadoes, floods, epidemics and other acts of God; 6. explosion, sabotage or similar occurrence, acts of a declared public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; 7. labor disputes, Eglin Air Force Base  Volume III Contract Documentation Page 11 RFP Document Paragraph/ Requirement/ Rationale Page Portion except labor disputes involving employees of OCWS, or Subcontractors which affect the performance of the contract services; 8. the failure of any Subcontractor to furnish services, materials, chemicals or equipment on the dates agreed to, but only if such failure is the result of an event which would constitute an Uncontrollable Circumstance if it affected OCWS directly, and OCWS is not able, after exercising all reasonable efforts, to timely obtain substitutes; 9. changes in insurance premiums, specific commodity prices, or other general economic conditions that increase aggregate annual costs to OCWS of performing its obligations under the Service Contract by 1% or more above the annual rate of change in the CPI-U; 10. the failure of any appropriate Governmental Body or private utility having operational jurisdiction in the area in which the System is located to provide and maintain Utilities to the System which are required for the performance of this Service Contract; 11. any failure of title to the Systems or any placement or enforcement of any encumbrance on the Systems not consented to in writing by, or arising out of any action or agreement entered into by, the party adversely affected thereby; 12. the preemption, confiscation, diversion, Eglin Air Force Base  Volume III Contract Documentation Page 12 RFP Document Paragraph/ Requirement/ Rationale Page Portion destruction or other interference in possession or performance of materials or services by or with the authority of a Governmental Body in connection with a public emergency or any condemnation or other taking by eminent domain of any material portion of the System; 13. a violation of Applicable Law by a person other than the affected party or its Subcontractors; 14. with respect to OCWS, any Governmental Fault and Government-requested Change Orders not due to OCWS Fault; and 15. with respect to the Government, any OCWS Fault. B. Exclusions. It is specifically understood that none of the following acts, events or circumstances shall constitute Uncontrollable Circumstances: 1. any act, event or circumstance that would not have occurred if the affected party had complied with its obligations hereunder; 2. the consequences of error, neglect or omissions by OCWS, any Subcontractor, any of their Affiliates or any other person in the performance of the Contract Services; 3. union or labor work rules, requirements or demands which have the effect of increasing the number of employees employed at the Systems or otherwise increasing the cost to OCWS of performing the contract Eglin Air Force Base  Volume III Contract Documentation Page 13 RFP Document Paragraph/ Requirement/ Rationale Page Portion services; 4. mechanical failure of equipment to the extent not caused by Uncontrollable Circumstances; 5. power outages to the extent not caused by third party Utilities or other Uncontrollable Circumstances; 6. any impact of prevailing wage or similar laws, customs or practices on OCWS's costs; 7. weather conditions normal for the Ft. Walton Beach, FL area; 8. any act, event, circumstance or Change in Law occurring outside of the United States; 9. a Change in Law pertaining to taxes; or 10. any Change in Law (including the issuance of any Governmental Approval, the enactment of any