Okaloosa County BOCC — February 2, 2016 — Email Backup for Crosby Ice Settlement and close out

Roland Sims From: Parsons, Kerry <KParsons@ngn-tally.com> Sent: Tuesday, January 26, 2016 10:01 AM To: Tracy Stage Cc: Lori Fox; Zan Fedorak; Laura Porter; Lynn Hoshihara Subject: RE: Crosby Ice Settlement and close out Attachments: Settlement Agreement and General Release.pdf Good Morning Tracy: I understand you concern with the timing as set forth below. I believe there could potentially be legal issues if we delay this too long. As such, I would recommend we get it before the Board sooner than later. This is a unique situation because it is a settlement agreement to avoid litigation, not standard close out documents, but the final execution of the document does close out the contract. That being said, I spoke to Purchasing yesterday, Zan is onboard, and we understand that this process needs to go through in a timely fashion, as such, there will be not be a three original requirement for this close out. The one original will be sufficient (Crosby’s counsel has stated that a certified copy of the executed agreement is good enough for them), additionally, the Settlement Agreement clause 16 (which I have attached) only requires the County Administrator’s signature and then the Board’s approval (not signature) in a public meeting, and I spoke to Purchasing they are not requiring Board signature, just approval. However, if you believe that the board signature is necessary, as stated in my email below, please add the signature to the bottom of the Settlement, both Crosby’s counsel and we have agreed that this is not going to be considered an alteration to the document which would require the re-execution of the Settlement Agreement. Once you have drafted a coordination sheet and agenda memo and submit it to Purchasing, legal, risk and Purchasing’s review will not take long at all. If you have any further concerns let me know. Have a good day! Kerry From: Tracy Stage [mailto:tstage@co.okaloosa.fl.us] Sent: Monday, January 25, 2016 4:45 PM To: Parsons, Kerry Cc: Lori Fox Subject: RE: Crosby Ice Settlement and close out Hello Kerry, As much as I would like to, I do not think it’s going to happen. We would still need the internal coordination process (purchasing, legal, risk) completed with a “coordination sheet” attached to the agenda package. This process normally takes 2-3 weeks…sometimes longer. The cutoff for the 2-2 Mtg is this Wed and the Airport will not have any items on the Feb 16th mtg. It will need to go on the 1st meeting in March. At this point, it is probably best to just get 3 original new signatures with the Chairman’s signature block. Crosby should be ok with this…they took the machine in July with no notice. Thanks, Tracy 1 From: Parsons, Kerry [mailto:KParsons@ngn-tally.com] Sent: Monday, January 25, 2016 1:42 PM To: Tracy Stage <tstage@co.okaloosa.fl.us> Cc: Lori Fox <lfox@co.okaloosa.fl.us> Subject: RE: Crosby Ice Settlement and close out Hey Tracy and Lori: I spoke to Crosby’s counsel today, they have no issue with you all just adding a line at the bottom for Chairman’s signature. Both parties are in agreement that this will not alter the document. Even though this is a Settlement agreement which is a little more unique than close out documents, since it is also acting as your close out documents, if you need two more originals let me know and I’ll call Crosby’s attorney. If possible, can we proceed forward to getting this on the agenda with the original you currently have, and if you need two more originals, we will have the originals in hand prior to any signing of the documents? I look forward to hearing from you! Kerry From: Tracy Stage [mailto:tstage@co.okaloosa.fl.us] Sent: Saturday, January 23, 2016 12:03 PM To: Parsons, Kerry Cc: Lori Fox Subject: Re: Crosby Ice Settlement and close out Hello Kerry,