Item Q6 Q.6
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
May 17, 2023
Agenda Item Number: Q.6
Agenda Item Summary #12097
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470
TBD
AGENDA ITEM WORDING: Presentation of settlement offer in the matter of Burke
Construction Group, Inc. v. Monroe County, Case No. 19-CA-80-M.
ITEM BACKGROUND: On 3/18/2019, Burke Construction Group, Inc. filed suit after it was not
selected as the vendor for construction of the Cudjoe Fire Station and Marathon Library. On both
projects, the Board of County Commissioners issued Requests for Proposals, held selection
committees to rank proposals received from vendors, and awarded the projects to other more highly-
ranked vendors. On each RFP, Burke submitted the lowest price, but each RFP included criteria
other than cost, and overall Burke was not the most highly-ranked vendor. The counts in the Second
Amended Complaint are for promissory estoppel and declaratory relief. On the promissory estoppel
cause of action, Burke seeks to recoup the cost of preparing the proposals.
The purpose of this agenda item is to discuss a settlement offer presented by Burke. Burke has
demanded that the County pay them $50,000 to resolve the litigation. The County Attorney is
ethically obligated to convey this offer to the Board. Absent holding a special meeting, there is
insufficient time to present this office in a closed attorney client closed session prior the June 5, 2023
scheduled trial date.
PREVIOUS RELEVANT BOCC ACTION: N/A.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
FINANCIAL IMPACT:
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Q.6
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: Court Reporter Costs
Current Year Portion:
Budgeted: Yes
Source of Funds: 67501-530330
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Cynthia Hall Completed 05/01/2023 11:54 AM
Bob Shillinger Completed 05/01/2023 4:36 PM
Cynthia Hall Completed 05/01/2023 4:44 PM
Purchasing Completed 05/01/2023 4:54 PM
Budget and Finance Completed 05/02/2023 8:54 AM
Brian Bradley Completed 05/02/2023 10:05 AM
Lindsey Ballard Completed 05/02/2023 11:51 AM
Board of County Commissioners Pending 05/17/2023 9:00 AM
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