Okaloosa County BOCC — March 1, 2016 — Amend Letter Agreement and Payment of Final Invoice for Legal — agenda request

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: March 1, 2016 TO: Honorable Chairman and Members of the Board FROM: Tracy Stage SUBJECT: Amend Letter Agreement and Payment of Final Invoice for Legal Services DEPARTMENT: Airport BCC DISTRICT: 2 STATEMENT OF ISSUE: The Department of Airports requests approval by the Board of County Commissioners (Board) of an amendment and final payment for legal services from Spiegel & McDiarmid, LLP, relating to the request of the Air Force to convey title of the Eglin leasehold and the subsequent verbal tasking to seek resolution of the Federal Aviation Administration's (FAA) denial of authority to use Passenger Facility Charge (PFC) funding for the capitalization of the Eglin Enhanced Use Lease (EUL). The Board is also requested to approve staff to respond to the FAA to close out the Final Agency Decision (FAD). BACKGROUND: Previous airport administration sought Board approval to request the conveyance of the Airport's 130 acre leasehold. The Board declined to make the request, but authorized the Airport to seek deferral of its FAD in order to "stop the clock" on the legislative deadline for filing an appeal of the FAD in Federal court. Specialized legal assistance from Spiegel & McDiarmid had been obtained by letter agreement to prepare the original request for the Board's consideration and had been tasked by the Airport, with concurrence of the County Attorney, with the additional preparation of and representation before the FAA of a proposal which ultimately enabled the County to withdraw the PFC project (previously denied) from the application in order to effectively stop the 60 day legislative clock. The purpose was to "buy time" to present a more detailed justification for FAA's reconsideration of the denied project. The attached proposed amendment to the original letter of agreement outlines the efforts undertaken by Spiegel & McDiarmid on behalf of the County. The requested payment of an attached invoice for the additional legal assistance in the amount of $26,088.64, which, together with the previously paid amount of $20,108.42, brings the total billing for legal assistance to $46,197.06. There is no further legal action contemplated; this invoice represents a final payment request. A new, long term, mutually beneficial EUL and Joint Use Agreement (JUA) have been developed and approved by the Board. The proposals were very well received and are currently under consideration by the Air Force. The Purchasing Department is aware of this amendment and final payment and upon Board approval, will process the final payment. OPTIONS: Approve, Disapprove or Table. RECOMMENDATIONS: Airport staff respectfully requests Board approval of the attached amendment and approval for the Purchasing Department to process the attached invoice for final payment in the amount of $26,088.64 to Spiegel & McDiarmid, LLC and staff response to the FAA to close out the FAD. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator