Agenda

Back to Calendar Return

County Attorney's Report 12. 1.

BCC Regular Meeting

Action

Meeting Date:	02/07/2019
Issue: Agreement for Reimbursement of Unused OLF-8/OLF-X Land Exchange Project Funding
From:	Alison Rogers
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Agreement for Reimbursement of Unused OLF-8/OLF-X Land Exchange Project Funding Related to the Land Exchange Agreement between United States of America/Department of the Navy and Escambia County, Florida

That the Board authorize the Chairman to execute the Agreement for Reimbursement of Unused OLF-8/OLF-X Land Exchange Project Funding related to the Land Exchange Agreement between United States of America/Department of the Navy and Escambia County, Florida.

BACKGROUND:

In accordance with Public Law 114-992, the National Defense Authorization Act for Fiscal Year 2016, ("NDAA FY 16"), Section 2833, signed into law on November 25, 2015 and pursuant to the Land Exchange Agreement executed between the Parties on June 15, 2016 and amended on September 17, 2017, the County is responsible for funding or reimbursing all costs incurred by the Department of the Navy to complete the land exchange and the associated relocation of activities and facilities from Navy Outlying Landing Field (NOLF) Site 8 to include support costs, travel, staff labor and contract costs. Accordingly, the County provided funding as requested by the Department of the Navy to reimburse the Department of the Navy for all support, travel, staff labor, and contract costs. Further, in accordance with NDAA FY 16 Section 2833(c)(1), when the Department of the Navy collects money from the County in advance of incurring costs and the acutal costs incurred are less than the amount collected, the Department of the Navy is required to refund the excess amount to the County.

Pursuant to Exhibit G of the Land Exchange Agreement between the United States of America/Department of the Navy and Escambia County, Florida, the County paid $430,732.00 to the Department of the Navy for these expenses. A portion of that amount will be returned to the County pursuant to the Agreement of Reimbursement. The exact amount is still to be determined.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

County Attorney Alison Rogers has reviewed and approved the agreement for legal sufficiency.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Reimbursement of Unused Project Funding
First Amendment to the Land Exchange Agreement
Land Exchange Agreement
Exhibit G to the Land Exchange Agreement