Item C32
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 21,2005
Division:
County Administrator
Bulk Item: Yes ~ No
Department: Florida Keys Marathon Airport
Staff Contact Person: James R. "Re~gie" Paros
AGENDA ITEM WORDING: Approval to solicit and advertise Requests for Bids and/or Proposals
(RFB/RFP) for permanent repairs of hurricane damages for various projects at Florida Keys Marathon
Airport, including the terminal facility, appurtenances, accessory structures, shade hangars and T-
hangars.
ITEM BACKGROUND: The Florida Keys Marathon Airport was severely damaged by hurricanes
this past season, with the worst damage resulting from Hunicane Wilma. Temporary emergency
actions and repairs already have been initiated.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST:_n/a
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No_ AMOUNTPERMONTH_ Year
DIVISION DIRECTOR APPROVAL:
APPROVED BY: County Atty n/a
DOCUMENTATION:
Included
Not Required X
DIsposmON:
AGENDA ITEM #
Revised 2/05
Division of:
HOUSING & COMMUNITY DE
FLORIDA KEYS MARATHON A
James R "Reggie" Paros, DirectorlManager
9400 Overseas Highway, Suite 200
Marathon, FL 33050
i-"......-~~~
,
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tern Murray E. Nelson, District 5
George Neugent, District 2
Dixie M. Spehar, District 1
David P. Rice, District 4
O,\!~rY ~o~~~~E
(305) 294-4641
MEMORANDUM
TO:
Debbie Frederick, Deputy County Administrator
County Administrators Office tQ.;/ ~
James R. "Reggie" Paras, Directt /~~
Housing & Community Developm ' ~'
Marathon Airport Manager
FROM:
REFERENCE:
Request for Add-on Agenda Item for 12/21/05 BOCC
meeting
DATE:
December 9,2005
The enclosed Agenda Item Summary has been prepared pursuant to the memorandum
dated December 8, 2005 from Assistant County Attorney Suzanne A. Hutton regarding
repair of damaged T -hangars at Florida Keys Marathon Airport, a copy of which is also
enclosed herewith.
In addition to the subject T -hangars, there were moderate to severe hurricane damages to
the airport terminal facility, appurtenances, accessory structures and shade hangars. Some
or all of these projects are estimated to cost over $25,000.01.
Enclosures: (2)
~'->,-
--------' ---r' _
~ -
\,;.. " "
r..........:.....-....--
-."..~=-
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tern Murray Nelson, District 5
George Neugent, District 2
David P. Rice, District 4
Dixie M. Spehar, District 1
John R. Collins, County Attorney
Suzanne A. Hutton, Assistant County Attorney *
Robert B. Shillinger, Assistant County Attorney *
Pedro J. Mercado, Assistant County Attorney
Susan M. Grimsley, Assistant County Attorney
Natileene W. Cassel, Assistant County Attorney
Jerry D. Sanders, Assistant County Attorney
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
(305) 292-3470 - Phone
(305) 292-3516-Fax
* Board Certified in City, County & Local Govt. Law
MEMORANDUM
TO: James R. "Reggie" Paros, Division Director
Marathon Airport Manager
DATE: December 8, 2005 L
SUBJECT: Repair of damaged T-Hangers at Florida Keys Marathon Airport
FROM: Suzanne A. Hutton
Assistant County Attorney
Your letter dated December 2, 2005 and addressed to Mr. Collins was referred to
me for response. In your letter you advise that T-Hangers at Florida Keys Marathon
Airport were initially damaged by a tornado from Hurricane Katrina and additional
damage occurred from Hurricanes Rita and Wilma. You have inquired as to the
applicability of the County's Purchasing Policy requirements for a competitive bid
process for purchases estimated to cost over $25,000.01, the emergency
declarations (and which one would actually apply) and whether there is any
possibility of paying a deposit as would be required by both of the proposals
received in response to requests for quotes.
First, the County Commission has enacted an ordinance, codified at Monroe County
Code 92-541(k), setting forth the reasons that the County Commissioners may
dispense with the bidding provisions of the section and contract directly for services
and goods. An emergency is defined as an immediate danger to public health or
safety, a danger of loss of publiC or private property that requires immediate
government action, interruption in the delivery of an essential governmental
service, or a substantial risk that a funding source of a contract will be diminished
or lost because of the time required to competitively award bids. Nothing in your
letter indicates that the conditions for waiver of the bidding requirement currently
Reggie Paros
T -Hangars
Dec. 8, 2005
Page 2
apply. Perhaps at the time that you instituted the inquiries regarding repairs there
was an immediate danger of loss of public or private property, but since we are no
longer in hurricane season, the immediacy and the potential risk to property has
diminished considerably. Accordingly, I would advise you to execute a Request for
Proposal.
With respect to the issue of a deposit, the County does not pay deposits. Whether
the language which Mr. Kolhage relies upon as a prohibition against payment of a
deposit is constitutional or statutory escapes me at the moment, but the issue is
such an old one, that I can tell you, categorically, the answer is no. However, there
are often provisions that can be made in a contract which enable a significant
payment early in the contract process so that the contractor has funding available
to go forward with the project and also has the assurance that the County will not
prematurely terminate the contract at the contractor's risk. For example, the
contract could provide for the contractor to obtain the first quarter of the total
amount upon evidence of obtaining appropriate permits.
Please let me know if you have any other questions concerning this matter.
cc: Richard Collins
Debbie Frederick
Peter Horton
Carols Victores