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Item C20 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 5/21/03 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS AGENDA ITEM WORDING: Approval of Purchase Service Order with URS to prepare Passenger Facility Charge Application #8, for the Key West International Airport. ITEM BACKGROUND: Project will be funded by the Florida Department of Transportation under the Monroe County Planning Studies agreement, and by PFC revenue as a project in Application # 8. PREVIOUS RELEVANT BOCC ACTION. None on this item CONTRACT/AGREEMENT CHANGES: New agreement STAFF RECOMMENDATION: Approval TOTAL COST: 37,500.00 BUDGETED: Yes COST TO AIRPORT: None COST TO PFC: 18,750.00 COST TO COUNTY: None REVENUE PRODUCING: N/A SOURCE OF FUNDS: FOOT, PFC Revenue AMOUNT PER MONTHIYEAR: APPROVED BY: County Attorney X OMB/Purchasing N/A Risk Management N/A ct<c-ft Peter J. Horton KEY WEST AIRPORT DIRECTOR APPROVAL DOCUMENTATION: Included X To Follow Not Required AGENDA ITEM # /"'~ DISPOSITION: Ibev APB MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: URS Effective Date: 7/15/03 Expiration Date: 12/15/04 Contract Purpose/Description: Prepare Passenger Facility Charge Application # 8 for Key West International Airport Contract Manager: Bevette Moore (name) for BOCC meeting on: 5/21/03 # 5195 (Ext.) Airports - Stop # 5 (Department/Courier Stop) Agenda Deadline: 5/7/03 CONTRACT COSTS Total Dollar Value of Contract: 37,500.00 Current Year Portion: - 2,000.00 Budgeted? Yes Account Codes: 404-63053-530-490-GAKD50 Grant: Yes - FOOT County Match: PFC Revenue ADDITIONAL COSTS Estimated Ongoing Costs: N/A For: . (not included in dollar value above) (eg. maintenance, utilities, janitorial. salaries, etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No ~ Airport Manager 1-/2JJQ3 )~ 4J2.2./0'3 Peter Horton Risk Management ~~- ( ) ( ) Ai IA .. P...... O./fA. 8 ~~- l William Grumhaus O.M.B.lPurchasing ~~- ( ) ( ) A/~ - p~ 0.v\'9 ~~- !lOob Sheil~arker County Attorney ~~- ( ) ( ) WoI G- !:LJ!LJ03 Rob Wolfe Comments: PURCHASE I SERVICE ORDER FOR MONROE COUNTY To: URS Purchase Service Order No. 02/03-18 Re: PSA Agreement, Dated 1-1-02 Resolution No. Project Name: PFC Application # 8 - Key West International Description of Services: Prepare passenger facility changes (PFC) application for Key West International for projects at Key West and Marathon Airports for the Analytical Phase (Phase 1) and the Implementation Phac;e (Pha'\e 2) of the PFC application for submission to the Federal Aviation Administration. (See attached detailed Scope of Services) Multiple of Direct Salaries Lump Sum x Reimbursable Expense Days to Complete Start Date 7-15-03 Completion date 12-15-04 Fee this Service Order $ 37.500.00 Payment for Services shall be in their entirety as per PSO. Prepared by: - ~~ Milford A. Reisert Recommended by: jd-1t Date: 4/11/03 Date: 1-15-n'3 Approved by: Date: 4/11/03 Date: "':'.de~\C~':iO"\P\lI13~CC~'.IM.wpn r . . SCOPE OF SERVICES , .. PASSENGER FACILITY CHARGE APPLICATION OBJECTIVE AND APPROACH ." . -The objective of this project is to fonnulate and implement a Passenger Facility Charge (pFe) application that will minimize funding benefitS-to aid in the development of the Monroe County (County) Airports. The process for accomplishing this objective will consider current requirements . for ahport development or rehabilitation, future short-range avialioll demands and facility needs, the current capital improvement program (ClP). and available funding sourc:es, .. A two-plIased approach is proposed to meet the objec:live oft/1is project. The first phase is to analyze current and future short-range requirements plus the eligibility and available of sources offunding. The second phase is to prepare the PFC application for submittal to the FAA. The approach for analysis of potential PFC projects consiSllf of the foUowing major tasks: PHASE I, ANALYSIS OF PFC PROJECTS '( Task I.J Analyze Pertinent Airport Dati In the firstnuYor lask. the Consultant will gather and analyze pertinent airport tacility and operational data that will effect the detennination ofPFC projects. The data will be requested from the County so as to be available for pre/imil1aJy analysis prior to interviews of Key County officials. Data to be analyzed will include at least the following: · Status of CUrrent PFC coUections and expenditures for each of the Monroe County airports " . I · Current CIP I · Proposed CIP under development in the current airport layout plan study · Status of environmentaYnoise programs and approvals · List of airlines currently operating at each airport and their CUrrent market shares · Current and pro~ected levels of enplaned passengers · Existing airline agreements ~--. r l><L _______ . ' '\ I .' . Task 1.2 . Historic:a1 capital expenditures and federaJtSlate grant receipts for the past three }'ll8n, as well as status of pending airport improvement program (AlP) grant applications Slatellocal enabling legislation pertajnjng to the.airport sponsor's ability to mt"ose a PFC. . . Histori'cai and CUrrent airport revenues, cxJlel1Ses, and net incomes available for capital impJ:'ovement projects. . Historical and CUrrent airport rates and cluuges schedules, lease tenns, etc. #' Consult with KCQ' Airport Officials (Meetin~.ftl} . The Consultant will meet with key airport officials to disCUSs the analysis of data coUected in Task . 1.1 and gain an understanding of the airport's unique circunistances and objective for the PFC program. Key officials to be interviewed include the fOllowing: This is the most important task in the Analytical Phase. The Consultant will identiJY projects eligible for PFC funding. The Consultant will recolDlJlend priorities based on evaJuation criteria developed jointly by the County and the Consultant on the basis of individual circumstances and priorities of the airports. The Consultant will develop a spreadsheet which identifies PFC eligible projects on a priority basis. The results of the analysis of capital improvement projects will include the foUowing: Task 1.3 . . . . . . . Task 1.4 . . Director of Community Services Budget Directors Director of Airports Airport Managers Legal Council to the airport Other individuals who may have key input to the PFC program . . . . . . I Analvze Potential Capital Development Proiects Project descriptions Project justifications Project objectives. . Estimated project Unp.lementation and completion dates Financing plan (esti~ted project costs) Other data required for PFC application Attachment B forms Draft CIP including potential PF:C and other projects Coordinate Proiects with FAA (Meed"$] #2) The Consultant wiU meet with the FAA Airports District Office (FAA-ADO) to coordinate potential PFC projects and obtain FAA approval for their inclusion in the PFC application. ~,.,.... '\ .f ..l Task 1.5 Analvze PFC Funding PotentiBl This task will provide a revised estimate of the PFC Proceeds available to the airports based on a pay- as-}'O!I-go approach. The Consultant will also briefly revicw'SeveraI a1ternati",: financing scenarios . and detecmirie the PFC potential based on ICYenIging the PFC funds. A prelimirwy prioritized listing ofPFC projects will be prepared based on the following data: .. . Forecasts of aviation activities .- ~ . Projections ofPFC proceeds ". . Eligibility for PFC funding . Eligibility for AlP funding . Eligibility for State funding . Airport net income f ' . Other local funding . Task 1.6 Detennine Financial Plan This task is the development of a financial plan based on potential PFC projects selected for each of the County's airports and the identification of the types, sources, and availabnity of project funding. The IinanciaJ plan will incorporate POtential PFC Proceeds with each airport's other funding so=es. The culmination oflbis task wiD be a financial plan to be sent to the airlines as part of their ri!quired notice ofPFC programs. It wiD also be used to explain the PFC program at the required airline consultation meeting and the Board of County COmmissioners (BOCC). Task L 7 Coordinate and Consult with the Airlines (Meeti",! #3J In this task, the Consultant will assist the County in preparation of the written notice infonning the airlines of the airport's intent to implement a PFC. The Consultani will also assist the County ill meeting with the airlines to provide the project description, explain the project need, and present the financial plan. Task 18 COOrdinate Final Draft PFC Ap06cati~n with the County lM:eetin2 #1) I " . The COnsultant will consolidate the results of COmments by the County, the FAA, and the Airlines into a final draft PFC app6cation. The COnsUltant will meet with the County to verilY the contents of the app6cation and the financial plan prior to the final COOrdination meeting with the FAA. Task 1.9 COOrdinate Financial Plan with FAA (Meeting #5J The Consultant will meet with the FAA-ADO to discuss the final draft of the PFC App6cation and obtain agreement on the prioritized listing ofPFC projects and the financial plan. ............. ...... ----.-- ::..-~4t.~~~..-..::..:...;:.,<o-,- v . '\ A ,.. ,~ ,I" ~. PHASE n, IMPLEMENTATION OF PFC PROGRAM The approach for completing the implementation of the PFC program consists of the following tasks required to complete the PFC application. .. Task ILl Apply for the PF-.C In this task, the Consultant wiI18ssist the County in preparing the documentation and completing the ~e applications to impose a PFC and to use PFC revenue., The Consultant will assist the County with submittal of the PFC Application te the FAA to ensure approval of the PFC in a timely fashion. ,. . , ~ . . Task II.3 Presentation to BOCC {Meetinq #6} , . The Consultant will assist the County in presentation of the PFC application to the Board of County, , Commissioners. f ' . . I -'~' .->i. - ........~-""ftA................. "'~~~.lk#'>- . ". ...... , -.' .-..,.,... ,,'............c', _,. T, _ ,~d. .__~ ~~~. . ~- - - . . I '\ c; .. Ma~ 20 03 02:57p James L Roberts Co Admin 05-20-'03 15:11 FROM-The Andersen Firm 4233785773 305-292-4544 p.5 T-927 P03/05 U-089 1101 ATTORNfYS AT lAW , T ~~J~'~~~~~ONFI RM County Commissioners. et 81. May 20, 2003 Page 2 VIA FACSJMILE 305.292-3516 Jolm Richard Collins Count)' Attorney 502 Whitehead St. Key West. FL 33040 VIA FACSIMILE 305.292-3516 Robert B. Shillinger ASSistant County Attorney P.O. Box 1026 Key West, FL 33041.1026 VIA FACSIMILE 192-3578 Mr. Peter Hotton Airpon Manager Key West International Airport 3491 South Roosevelt Blvd. Key West, FL 33040 RE: Southernmost Avl.tjo~J Inc.: Application for FRO Ladies and Gentlemen: Our finn represents Southenunost A vi.tion, Inc. Southenunost has filed an Application to open a second fixed based operation at the Key West International Airport. Discussions and study have been ongoing for Southernmost to lease the space at the Airport. Southernmost has committed to making 8 [onnal study of the feasibility and implementation of its operations, The Application has been filed with the Airport Manager, and can be amended as necessary . Tomorrow, you are scheduled to vote on the Agenda Item #C.21, regarding approval of URS. Purchase Service Order to provide final design, permitting and bidding process for the Hangar Development Project at the Key West International Airport. We encourage you to postpone voting on this Agenda Item prior to Southernmost's application being fully resolved. The reason we think it appropriate Ma~ 20 03 02:5?p James L Roberts Co Admin B5-20-'03 15:11 FROM-The Andersen Firm 4233785773 305-292-4544 p.6 T-927 P04/05 U-089 I ....fi?) ATTOI\.NEYS AT ~W 'f T~:F~'~~;O~~~ONF I RM County COnunissioners, et a1. May 20, 2003 Page 3 to postpone this vote is because it could cause the County to expend significant resources unnecessarily. The Federal Aviation Administration Regulations, which are binding upon the County as an applicant for an airport development grant, provide that the Sponsor a. Will not grant or pennit any exclusive right forbidden by Section 308(a) of the Federal Aviation Act of J958 (49 U.S.C. 1349(a)) at the AirpoJ1, or at any other airport now owned or controlled by it; b. Agrees that, in furtherance of the policy of the FAA under thiS covenant, unless authorized by the Administrator, it wtll not, eitheT directly or indirectly, grant or permit any person, linn or corporation the exclusive right at the Airport, or at any other airport now owned or controlled by it, to conduct any aeronautical activities, including, but not limited to charter flights, pilot trainin8. aircraft rental and sightseeing. aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether Or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft. sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aerollButical activity. 14 C.F.R. Part 152, Appendix D (U)(A)(19)(a) and (b). Further. 49 use 40103 provides that a person does Dot have an e1Cclusive right to use an air navigation facility on which Government money has been expended. Presently, there is only one FBO service provider at the Airport. The space allocated to the Hangar Development Olost likely would preVent a second Fixed Base Operarion. Consequently, it is our client's position that considering Southernmost's expressed desire and witJingness to provide competitive goods and services at the Airpon, the denial of the Application would result in the grant of an J8mes L Roberts Co Admin M8~ 20 03 02:5?p VJ-~~-'~J l~:]) FROM-The Andersen Firm 4233785773 305-292-4544 p.? T-927 P05/05 U-089 I ..,(,OC?), ATTORNEYS ^T lAW 'T~~F~::~;o~~ONFIRM County Conunissioners, et a!. May 20, 2003 Page 4 exclusive right to the current FBO provider at the Airport. and would be in violation of the FAA ruJes and regulations. The County's approval of the Hangar Development would likely have the same effect. In short. we respectfuJJy recommend and request that you postpone any action on Agenda Item #C-21 titled "Approval ofURS Purchase Service Order to provide final design, pennitting and bidding process for the Hangar Development Project at the Key West International Abport," until the issue ofSouthenunost Aviation's Application is resolved. Should you have any questions concerning this letter, please feel free to contact me. Sincerely, THE ANDERSEN FIRM A10~7~C~W M William E. Andersen -- Ma~ 20 03 02:5Sp James L Roberts Co Admin 305-292-4544 p. 1 IFAX I DATE: 5{20{03 Number of cover sheet 7 FROM: The Office of TO: James L. Roberts James L. Roberts County Administrator Monroe County Administrator 1100 Simonton Street Suite 205 Key West, Fl 33040 Pati:y Erickson PHONE #: Sr. Administrative Assistant FAX #: 853-7311 PHONE: 305-292-4443 CC: FAX #: 305-292-4544 REMARKS: 0 Urgent 181 For your review 0 Reply ASAP o Please Comment Ma~ 20 03 02:5Sp James L Roberts Co Admin B5-20-'03 15:10 FROM-The Andersen Firm 4233785773 305-292-4544 T-927 P01/05 U-089 p.3 ~I ATT~RN[YS A.T LAW IT~~~"?~o~~~! I RM FACSIMILE COVER SHEET "EY WEST OFFICE SOl WHllE~APSTREET li6Y W1!ST. FL n040.fist; TWI'lIONf.; JM~tUd(l '-"CSlMlll! JO~19J1&1~ DATE: 5-20-03 TO: James Roberts ST. AlICtl5T1NE OFFICE 1200 1'LANTAnON 'Sl..AM> DRIVE SOlJnf SUItE 220 ST AUGUSTJ)JE, PI... l10104I1. TEl.l.PllONf: 90404 7 t.J040 ,,,CSIMILE '04."1.9J(~ COMPANY: County Administrator FACSIMILE: 305-292-4544 WINTEIt "ARK 0,.",(:[ 1180PAltKAVE NORTH, ST6 31. Wl'NTElt '"u. "Fl. n7."')5~ n:LBPH<lM:'1661116.'~96 FACSIUllE: 30L193.1IJ1 TELEPHONE: SUBJECT: Southernmost Aviation ~UNOOOI'IIICl 1101 I! COlOll/II'IL l:>IUVE. STE 161 OI.I..ANOO. n. )110).4820 Tli"lEPH()Nll: .07..71.0.11 F"CSIMILIl 401I7S.IJOJ TRl.clTlf:l Ofl'fCl 415 8Il0ADSTItEJIT. StJITe601 KlNGSI'ORT, llIl1.60 TELfPlf()~E' 41H1UG40 FACSIMILE: 421.37..S17l FROM: Bill Andersen PAGES (INCLUDING COVER): 5 ORIGINAL TO FOLLOW: YES x NO I.WAIL.dioIIlltf\lic......,.... VIA: EXPRESS COURIER RECULAR MAIL_ MESSAGE: This fatsimiJe is imellded only for !be usc of the individUal or cnUl)' to which it is addrcsstd and may conlain illlformation (hat i~ privilcllCd. confidential and e.'lcmpt from disclosure under appJietbre law. If the reader of /his mt:!llll&C ill notlhe intellded recipienl (IT the emplo)'ec or lien, respollSibk for dtolivcrin~ the facsimil<: to the intended f<:cipitn1, you are hereby notified (hit any dissemination. distribution, or copying of this facsimile is strictly prohibited. If you have received this Cu$imilc in error, piGue lIOlify us immediately by tckphone (collo:cl) and n:lum tile arillin.1 facsimile (0 us II the abovt address via the United Stales POSlllI Scrvk:e. Ma~ 20 03 02:56p James L Roberts Co Admin 05-20-'03 15:10 FROM-The Andersen Firm 4233785773 'I~IO ATTORN EYS AT LAW IT~~'~~N~~~O:~o!1 RM KlYWUT onact 501 WH ITlH fAD STUfT KtYWtl;T. FL JJ040.lr56l nUPHONE' 305.196.8410 fACUMILl' )0'.17J711, ST. AUGUHINE OHIC! 1200 PlANTATION ISl.J\ND DI\IVE lOUTH SUITf no IT AUGUSTlNf. f\ 32010-6111 Tlll,HONE. '04.47t.S04O FACSIMlLE,904.46I.'312 MIAMI atACM OfTlCI 777 ARTHlill. GODFUY W. 2'" fl M'''MI 'IACH. fL 33'40':H44 TELEPHONE 10$.115.0402 fACSIMILE. 10'.293.712\ OIlANDOIWINTtll PAAK oUla 2110 PAkA: AVENUE NOI'TH. m. 31' WINTlk 'AU. n Jl7'N,lSl TELEPHONE, "07.I7S.09]1 F"CSlMlli. 407.17$ 130) IUNGSPOIlT OffiCE 4" "OAD STf.lET. sUITt 601 IUNClSPo.r. TN 37660.416. TlUPHQNI; 41) J71.Jo-tO fACSIM'Il. '2337' $173 I-MAI\.;~~ lU:PL Y TO~ UY WEST OfFICE May 20, 2003 VIA FACSIMILE 305-292-3466 Mayor Dixie Spehar Conunissioner, Dist. I 500 Whitehead Street Key West, FL 33040 VIA FACSIMILE 305..871-9.95 George Neugent Commissioner, Dist. 2 25 Ship's Way Big Pine Key FL VIA FACSIMILE 305-292-3577 Charles Sonny McCoy Commissioner, Dist. 3 530 Whitehead Street Key West, FL 33040 VIA FACSIMILE 305-289-4306 David Rice Commissioner, Dist. 4 490 63'" St. Oceanside Marathon, FL VIA FACSIMILE 305-851-7161 Murray Nelson Commissioner, Dist. S 99198 Overseas Hwy. Key Largo, FL 33037 VIA FACSIMILE 30S-192-4544 J ames Roberts County Administrator 1100 Simonton Street Key West, FL 33040 305-292-4544 T-927 P02/05 U-089 p.4 Direct Dial No. (305) 295.6801 E-Mail: .......t1cr<lt:n@llIflIl1lll.Com