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

defined in FAR 52.249-2. Since the Government will only pay the actual costs incurred by OCWS, the final termination settlement cost to the Government should be less than the one required by any private firm. Eglin Air Force Base  Volume III Contract Documentation Page 17 RFP Document Paragraph/ Requirement/ Rationale Page Portion Hazardous Section H.9, Add following to Section H.9: OCWS shall be responsible for Substances environmental issues for which it Provided, however, OCWS shall may cause, but will not be not be held liable for responsible for issues caused by environmental conditions or others, including the hazardous materials not caused Government. Furthermore, or discovered by OCWS, and OCWS shall not be liable for provided further that OCWS shall environmental clean-up costs for be entitled to a price re- any environmental conditions determination for compliance that OCWS may discover as a expenses in re-mediating such result of any operation, hazardous materials or maintenance or capital conditions not caused or improvement made to the discovered by OCWS or not wastewater collection system. reasonably foreseeable by OCWS This provision does not increase at the time of initial price the environmental risks already determination. Furthermore, being assumed by the OCWS shall not be liable for Government. environmental clean-up for any environmental conditions or hazardous materials that OCWS may have discovered as a result of any operation, maintenance or capital improvement made to the wastewater collection system. The parties acknowledge that OCWS is a governmental entity and political subdivision of the State of Florida entitled to all the privileges and immunities accorded to the state, including sovereign immunity. OCWS is specifically not waiving any claims of sovereign immunity or other privileges and immunities that may apply. Nothing in this contract shall expose OCWS to any liability in excess of the statutory limits provided by Section 768.28, Florida Statutes, either in tort or contractually. This provision shall supersede all other provisions of this contract addressing liability. Eglin Air Force Base  Volume III Contract Documentation Page 18 RFP Document Paragraph/ Requirement/ Rationale Page Portion Disclosure of DFARS Add the following language: OCWS needs to comply with all Information Section Applicable state of Florida Laws 252.204- The Okaloosa County Water and and regulations. 7000 and Sewer Department is a other governmental entity and is similar subject to the laws of the state of terms and Florida, including the state’s conditions broad public records law, under which any records provided to the OCWS are public records unless confidential or subject to a specific exemption in federal or state law. Conflicts, if any, between state laws and any federal laws would be resolved through the supremacy clause of the United States Constitution. Liability for C.6.2.6 Replace first sentence with the The existing language contains Damages following language: broad language that could potentially make OCWS liable for Any interference with the use of property damages not caused by or damage to any real or OCWS, but damages merely personal property under the occurring “incident to the control of the Government that is exercise of the rights and caused by OCWS’s or an OCWS privileges granted.” OCWS shall subcontractor’s negligent acts or only be liable to damages omissions shall be promptly caused by OCWS’s (or an OCWS corrected by the Contractor to subcontractor’s) negligent acts the reasonable satisfaction of or omissions. the Installation Commander. Add the following sentence to the end of the paragraph: The parties acknowledge that OCWS is a governmental entity and political subdivision of the State of Florida entitled to all the privileges and immunities accorded to the state, including sovereign immunity. OCWS is specifically not waiving any claims of sovereign immunity or other privileges and immunities that may apply. Nothing in this contract shall expose OCWS to any liability in excess of the statutory limits provided by Eglin Air Force Base  Volume III Contract Documentation Page 19 RFP Document Paragraph/ Requirement/ Rationale Page Portion Section 768.28, Florida Statutes, either in tort or contractually. This provision shall supersede all other provisions of this contract addressing liability. Fire Protection C.6.2.7.1 OCWS shall enter into an MOU OCWS may be willing to assume with the base fire department for additional obligations related to service, but shall be entitled to a such third party contracts, price re-determination for such provided, however, OCWS has a expenses, if any. clear understanding of its obligations and the fiscal impacts of the agreement. Permit C.10.1. Add the following: The language included in the last Compliance sentence of this section contains All limitations and exclusions an unclear and potentially far- included in Section H.4.1 shall reaching indemnification apply equally to any requirement. The intent is to indemnification requirements harmonize this section with included in this section. H.4.1. Environmental C.10.6. Reword the first sentence of this The first and second sentences Response section as follows: of this section are potentially internally conflicting. The Contractor shall be responsible for accomplishing at no cost to the Government any environmental response required as a result of the Contractor’s negligent acts or omissions. Insert the following sentence at end of the paragraph: The parties acknowledge that OCWS is a governmental entity and political subdivision of the State of Florida entitled to all the privileges and immunities accorded to the state, including sovereign immunity. OCWS is specifically not waiving any claims of sovereign immunity or other privileges and immunities that may