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

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, We thought we could simple add the signature line at the bottom under John and Greg's however Board Finance will consider that altering the document. You might have to get a new signature from Crosby if you determine that to be the fix. If so, in addition to adding a block for the Chairman, please get 3 original copies signed. Thanks, Tracy Stage, A.A.E. Interim Airports Director Okaloosa County On Jan 22, 2016, at 4:58 PM, Lori Fox <lfox@co.okaloosa.fl.us> wrote: Hi Kerry, We have received the settlement document; however, there is not a signature line for the Chairman’s signature. As this is a contract close-out, it must go before the Board for approval. Please let me know how we should proceed. Thank you, Lori A. Fox Okaloosa County Airports 1701 State Road 85 N Eglin AFB, FL 32542 (850) 651-7160 ext. 4 2 <image003.jpg> Destin Executive Airport (DTS) . Destin - Fort Walton Beach Airport (VPS) . Bob Sikes Airport (CEW) Please consider the environment before printing this email. Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records available to the public and media upon request. Therefore, this written email communication including your email address, may be subject to public disclosure. From: Parsons, Kerry [mailto:KParsons@ngn-tally.com] Sent: Wednesday, January 20, 2016 12:26 PM To: Tracy Stage Cc: Lori Fox Subject: RE: Crosby Ice Settlement and close out Will do. From: Tracy Stage [mailto:tstage@co.okaloosa.fl.us] Sent: Wednesday, January 20, 2016 12:01 PM To: Parsons, Kerry Cc: Lori Fox Subject: RE: Crosby Ice Settlement and close out Lori Fox please From: Parsons, Kerry [mailto:KParsons@ngn-tally.com] Sent: Wednesday, January 20, 2016 9:38 AM To: Tracy Stage <tstage@co.okaloosa.fl.us> Cc: Lori Fox <lfox@co.okaloosa.fl.us>; Terry Mace <tmace@co.okaloosa.fl.us>; Greg Stewart <gstewart@co.okaloosa.fl.us>; Mike Stenson <mstenson@co.okaloosa.fl.us>; Dave Miner <dminer@co.okaloosa.fl.us> Subject: RE: Crosby Ice Settlement and close out Hey Tracy: Sounds good, there is only one original so I will overnight it to you today. Do you want it overnighted to you or someone else on your staff? Have a good day! Kerry From: Tracy Stage [mailto:tstage@co.okaloosa.fl.us] Sent: Wednesday, January 20, 2016 8:52 AM To: Parsons, Kerry Cc: Lori Fox; Terry Mace; Greg Stewart; Mike Stenson; Dave Miner Subject: Re: Crosby Ice Settlement and close out Good morning Kerry, We need to add a signature block under Greg's for the Chairman. Do you see a problem with doing so? Did they only sign 1 original, if so, please mail it to us and we will add block and start the process for the Feb 2 mtg or the first mtg in March. 3 Thank you, Tracy Stage, A.A.E. Interim Airports Director Okaloosa County On Jan 19, 2016, at 1:56 PM, Parsons, Kerry <KParsons@ngn-tally.com> wrote: Good Afternoon Tracy, Lori and Terry: Attached please find the Settlement Agreement and General Release executed by Crosby Ice and its counsel which we received earlier today. Please begin the process of closing out the contract and approval of the settlement before the BOCC. Let me know if you have any questions or concerns. Have a wonderful day! Kerry Kerry A. Parsons, Esq. Nabors, Giblin & Nickerson, P.A. 1500 Mahan Dr. Ste. 200 Tallahassee, FL 32308 T. (850) 224-4070 F. (850) 224-4073 Kparsons@ngn-tally.com The information contained in this e-mail message is intended for the personal and confidential use of the recipient(s) named above. This message and its attachments may be an attorney-client communication and, as such, is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone or e- mail and delete the original message. Thank you! <Settlement Agreement and General Release.pdf> 4