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  County Administrator's Report     11. 15.    
BCC Regular Meeting Budget & Finance Consent  
Meeting Date: 01/07/2016  
Issue:    Defense Infrastructure Grant Agreement (# S0031) with State of Florida, Department of Economic Opportunity
From: Chips Kirschenfeld
Department: Natural Resources  
CAO Approval:

RECOMMENDATION:
Recommendation Concerning the Defense Infrastructure Grant Agreement with the State of Florida, Department of Economic Opportunity - J. Taylor "Chips" Kirschenfeld, Interim Director, Department of Natural Resources Management

That the Board take the following action concerning the Defense Infrastructure Grant Agreement # S0031 with the State of Florida, Department of Economic Opportunity:

A. Approve the Defense Infrastructure Grant Agreement # S0031 for Fiscal Years 2015-2018, not to exceed $100,000, relating to Airfield Influence Planning Districts Density Reduction to address encroachment and land use otherwise inconsistent with the military mission of Naval Air Station Pensacola; and

B. Authorize the Chairman to sign the Agreement and any subsequent documents related to acceptance, execution, reporting, no-cost time extensions, and amendments to this Agreement, subject to Legal review and approval, without further action of the Board.

Note:  The County Attorney's Office has requested that the Board be made aware of the language, last sentence, in paragraph I.F.1., (bottom of page 2 and top of page 3 of 41) of Grant Agreement: "Without limiting the provisions of Section II.D., Dispute Resolution, the exclusive venue of any legal or equitable action that arises out of or relates to the Agreement shall be the appropriate state court in Leon County, Florida; in any such action, Parties waive any right to jury trial."

[Funding:  Fund 110, Other Grants and Projects Fund, New Cost Center to be determined at the time of SBA]
BACKGROUND:
Section 288.980(5), Florida Statutes, established the Florida Defense Infrastructure Grant Program. The purpose is to support local infrastructure projects deemed to have a positive impact on the military value of installations within the state. Funds are to be used for projects that benefit both the local community and the military installation.

The $100,000 grant award from the State of Florida, Department of Economic Opportunity (DEO), Defense Infrastructure Program for fiscal years 2015-2018 will provide funding to purchase property, thereby, reducing density within Airfield Influence Planning Districts (AIPD) I and II, as depicted in the 2003 Escambia County Joint Land Use Study (JLUS).  This project will continue to facilitate the retention of local military installations, specifically Naval Air Station (NAS) Pensacola, by mitigating incompatible land uses through land acquisition.
BUDGETARY IMPACT:
Fund 110, Other Grants and Projects Fund, New Cost Center to be determined at the time of SBA. This is a cost reimbursement agreement.
LEGAL CONSIDERATIONS/SIGN-OFF:
Kristin Hual, Assistant County Attorney, has approved the Agreement as to form and legal sufficiency.

Note: The County Attorney's Office has requested that the Board be made aware of the language, last sentence, in paragraph I.F.1., (bottom of page 2 and top of page 3 of 41) of Grant Agreement: "Without limiting the provisions of Section II.D., Dispute Resolution, the exclusive venue of any legal or equitable action that arises out of or relates to the Agreement shall be the appropriate state court in Leon County, Florida; in any such action, Parties waive any right to jury trial."
PERSONNEL:
Department of Natural Resources Management, Water Quality & Land Management Division, staff will manage the project.
POLICY/REQUIREMENT FOR BOARD ACTION:
Required by Board Policy II.B.8.
IMPLEMENTATION/COORDINATION:
Department of Natural Resources Management staff will coordinate with DEO, Naval Air Station Pensacola, and applicable parties.

Attachments
DEO DIG Agrmt S0031
Cert of Coverage for S0031 DEO
S0031 Self Insured Ltr

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