Okaloosa County BOCC — August 2, 2016 — Attorney Coordination on Non-Federal Reimbursable Agreement AJW-FN-ESA-15-7300

From: Wendy Cain To: Lori Fox Subject: FW: Non-Federal Reimbursable Agreement AJW-FN-ESA-15-7300 Date: Wednesday, July 27, 2016 9:36:00 AM Attachments: image001.png Thank you Kerry From: Parsons, Kerry [mailto:KParsons@ngn-tally.com] Sent: Wednesday, July 27, 2016 9:34 AM To: Jon Morris <jmorris@co.okaloosa.fl.us> Cc: Wendy Cain <wcain@co.okaloosa.fl.us>; Stephanie Herrick <sherrick@co.okaloosa.fl.us>; Dave Miner <dminer@co.okaloosa.fl.us> Subject: RE: Non-Federal Reimbursable Agreement AJW-FN-ESA-15-7300 I concur that the information should be included, since some of the project was "in part" funded with grant funds. From: Jon Morris [jmorris@co.okaloosa.fl.us] Sent: Tuesday, July 26, 2016 10:50 AM To: Parsons, Kerry Cc: Wendy Cain; Stephanie Herrick; Dave Miner Subject: RE: Non-Federal Reimbursable Agreement AJW-FN-ESA-15-7300 Hi Kerry, Attached is a draft I was going to send to Ashley. I talked to her and she would like your opinion. We have three separate contracts from FAA pertaining to the Destin Tower project. One is marked as “being funded in whole or in part” by an FAA grant. We have a $2 million FAA grant, and the equipment to be purchased by FAA under the grant is eligible for federal AIP funding. Problem is that the $2 million has already been spent. Normally, we would fund the agreement with our funds and then request additional FAA funding after the fact. In this case, no additional funding can be provided because Public Law prohibits more than $2 million being spent on these contract towers. As you see below, I argue that it still is a federally funded project, so it is immaterial. I think the FAA included this language just for information, since it won’t matter one way or the other to the execution of the agreement. The other two will be processed as regular contracts without going thru C&G, so it doesn’t matter to us if this one is also treated that way. I just told Ashley I would check with you on her behalf. I would just like an opinion. I’ve attached the pertinent page. Please call to discuss if you would like. Thanks, Jon Jon Morris, C.M. Administration & Finance Manager Okaloosa County Airports (850)651-7160 Ext 1005 Hi Ashley, I understand your observation, however, the purchase of the equipment is in direct support of a project that is partially funded by the FAA. This makes the project federally funded whether or not there are any funds left on the grant. The expense is definitely AIP eligible, and we could apply for additional funding at the end of the project. We believe the fact that no additional funds can be provided by the FAA is immaterial. Although the other two contracts are for operation and maintenance and not eligible for AIP, we would like to process all three through your office as a package, since they all support this federally funded project which is so vital to the safety of flight in our very crowded airspace around Eglin Air Force Base. Your support will be appreciated. If you feel this   contract simply cannot be processed by your office, we understand and ask that you assist us in moving it along for the Chairman’s signature. The other two could likewise be delivered to T Thanks, Jon From: Wendy Cain Sent: Tuesday, July 26, 2016 8:17 AM To: Stephanie Herrick <sherrick@co.okaloosa.fl.us>; Dave Miner <dminer@co.okaloosa.fl.us> Cc: Jon Morris <jmorris@co.okaloosa.fl.us> Subject: FW: Non-Federal Reimbursable Agreement AJW-FN-ESA-15-7300 Importance: High FYI From: Ashley S. Endris [mailto:aendris@okaloosaclerk.com] Sent: Tuesday, July 26, 2016 8:10 AM To: Wendy Cain <wcain@co.okaloosa.fl.us> Subject: Non-Federal Reimbursable Agreement AJW-FN-ESA-15-7300 Importance: High Wendy, When taking a look at the above referenced agreement, I saw under Article 3, Paragraph E that the agreement will be funded in whole or in part from AIP grant funds from 3-12-0020-017-2014. However, to date, these FAA grant funds h