Okaloosa County BOCC — November 4, 2012 — reading text

DISCLOSURE. Packet Pg. 498  6.2.a BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 18, 2012 TO: Honorable Chairman and Members of the Board FROM: Greg Donovan SUBJECT: Legal Action Against Vision Airlines for Non-Payment DEPARTMENT: Airport BCC DISTRICT: All STATEMENT OF ISSUE: Vision Airlines is delinquent in paying Okaloosa County $146,973.70 from previous operations at the Northwest Florida Regional Airport (VPS) and has not been responsive to recent collection attempts. A deadline of December 31, 2012 has been communicated to the airline seeking resolution or guarantee of a payment plan to satisfy the debt. Airport staff is seeking authorization to proceed with legal actions if the airline is unresponsive. BACKGROUND: Vision Airlines is delinquent in paying Okaloosa County $146,973.70 from previous operations at the Northwest Florida Regional Airport (VPS) and has not been responsive to recent collection attempts. The airline entered into a signatory airline operating agreement and terminal building lease with Okaloosa County in 2011 and has a fiduciary responsibility to pay this expense per the contractual agreement. The amount owed has been verified and has been repeatedly communicated to the airline. Of this amount, $117,659.98 is for Passenger Facility Charges (PFC) collected from passengers on behalf of the airport, $9,042.92 is for fuel consumed by airline ground support equipment, and $20,270.80 is for other station expenses such as employee backgrounds, ticket stock, and penalties for unreturned credentials. The airport has cooperatively offered to resolve Vision Airlines’ indebtedness by allowing incremental payments, however; this accommodation has reached a stalemate. The company CFO agreed to pay $25,000 a week, but a few payments quickly became sporadic and no payments have been received since July 23, 2012. By federal statute, PFC funds are the undisputed property of the airport to be held in trust by the airline. Vision Airlines has been given a deadline of December 31, 2012 to provide payment or guarantee a payment plan. If resolution is not achieved by this date, airport staff regrettably requests the Board of County Commissioners authorize legal counsel to pursue recovery of the County’s PFC property and other sums owed plus interest, penalties and attorney fees as defined within the operating agreement by seeking judgment in court. Packet Pg. 499  6.2.a OPTIONS: Approve, Table, Modify, Reject RECOMMENDATIONS: Authorize airports director to work with the county attorney and contractual attorneys in filing legal action to collect Vision Airlines debt if not resolved by December 31, 2012. RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 500  6.3.a BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: December 18, 2012 TO: Honorable Chairman and Members of the Board FROM: Daniel O'Byrne SUBJECT: Okaloosa Island and Western Destin Dune Vegetation RFP DEPARTMENT: Tourist Development BCC DISTRICT: All STATEMENT OF ISSUE: The existing Okaloosa Island dunes are largely un-vegetated and without extensive sand fencing. These conditions leave the dunes subject to erosion with the diminished sand volume leaving upland structures more vulnerable to storm damage. In addition, the lack of a healthy dune system can imperil the nesting success of native, endangered marine turtles. The Okaloosa Island Dune Flora Restoration and Beach Access Management Project would remedy this condition. Although different in scope from the Okaloosa Island project, an integral component to the upcoming Western Destin Beach Restoration Project includes vegetation of the newly created dunes. This Request For Proposals (RFP) would solicit bids for both projects to be constructed within the same time frame. BACKGROUND: The Board of County Commissioners has previously approved Task Order #13 (C10-1813-TDC) for Taylor Engineering for the design, permitting and construction administration of the Okaloosa Island Dune Flora Restoration and Beach Access Management project. The cost for the planting and design work for the Western Destin project is included in the previously approved interlocal agreement (C12-1950-TDC - total project cost not to exceed $8 million) and this requested RFP for that project is not an additional cost. It is requested that these projects be bid together in order to realize an economy of scale. The Okaloosa Island Project is funded by the State and by the Tourist Development Tax. The Western Destin Project is funded by the Tourist Development Tax and the Okaloosa Municipal Services Benefit Unit for Beach Restoration. OPTIONS: Approve/Disapprove RECOMMENDATIONS: Approve the issuance of a Request for Proposals for the Okaloosa Island Dune Flora Restoration and Beach Access Management project and the dune planting of the Western Destin Beach Restoration Project. Packet Pg. 501  6.3.a RECOMMENDED BY: APPROVED BY: James D. Curry, County Administrator Packet Pg. 502  6.3.a.a SCOPE OF WORK BID #: To Be Determined PROJECT: WESTERN DESTIN DUNE VEGETATION PROJECT & OKALOOSA ISLAND DUNE FLORA RESTORATION and BEACH ACCESS MANAGEMENT PROJECT Attachment: SCOPE OF WORK (1079 : Okaloosa Island and Western Destin Dune Vegetation RFP) The purpose of this request for bids is to secure sealed bids for the furnishing of labor, materials, equipment, and performing all operations in connection with dune vegetation, sand fencing, signage, and post and rope installation as described in the Construction Drawings and Specifications. Attachments A and B include the construction drawings and specifications for both the Western Destin and Okaloosa Island projects. Bidders desiring consideration should provide an original and two (2) copies of their proposal, which should include a description of the bidders organization, key personnel, experience and approach to the project. Bidders must also provide all the required submittals as outlined in this solicitation and the Specifications to be considered responsive. The County reserves the right to disqualify any Bidder who does not provide the required documentation or does not provide clear and descriptive information. The Western Destin Dune Vegetation Project includes installation of native dune vegetation, sand fencing, post and rope access enhancements, and educational signage. The materials will be installed along the constructed dune feature of the Western Destin Beach Restoration Project, scheduled for completion by March 15, 2013. The constructed dune feature will have a crest elevation of +14 ft-NAVD and a width of 30 feet. The constructed dune will have a 4:1 (H:V) seaward dune face slope and a varying landward slope. The project area extends from FDEP Reference Monument R-17 to R-20.6 and R-23.5 to R-25.5 in Okaloosa County. Dune planting is anticipated to occur shortly following completion of the Western Destin beach nourishment project, in the spring of 2013. The West Destin beach restoration and dune vegetation work is permitted under FDEP Joint Coastal Permit 0286575-001-JC and U.S. Army Corps of Engineers permit SAJ-2008-00895. The Contactor shall familiarize himself with these regulatory documents and the conditions within pertaining to the proposed work. The Okaloosa Island Dune Flora Restoration and Beach Access Management Project includes installation of native dune vegetation, sand fencing, post and rope access enhancements, and educational signage. The materials will be installed along the existing, largely unvegetated Okaloosa Island dune system. The project area extends from FDEP reference monument R-1 to R- 16 in Okaloosa County. The project will occur on Okaloosa County property with the exception of 6 private properties within this area. The County is currently pursuing temporary construction easements for these 6 properties. Prospective Bidders are informed that Okaloosa County has made a request to the Florida Department of Environmental Protection (FDEP) for a Coastal Construction Control Line (CCCL) Permit exemption as the project does not cause an adverse impact to the coastal system. Bidders shall be aware that the FDEP may require additional permitting requirements beyond those stated in the attached construction documents. Bidders shall familiarize themselves with FDEP permitting requirements for dune restoration and beach access management as they relate to the proposed work. Both projects aim to restore a diverse dune flora community and enhancement of public beach access to minimize human impacts to this dune community. The projects intend over time to create a self-sustaining dune ecosystem that the public can understand and appreciate via non- Packet Pg. 503  6.3.a.a damaging access routes. Of note, neither project includes any structural improvements, placement of fill materials, or removal/relocation of existing vegetation. Project construction for both projects is scheduled for April 2013. The selected contractor will be allowed to construct during sea turtle nesting season, however, this shall be avoided if possible. Prospective Bidders are required to provide bid prices for all components of the project. In addition, Prospective Bidders are required to provide bid prices for both two-inch AND four-inch planting units in accordance with the construction drawings and specifications. It shall be the Attachment: SCOPE OF WORK (1079 : Okaloosa Island and Western Destin Dune Vegetation RFP) County’s discretion to select the preferred alternative. Prospective Bidders are required to attend a MANDATORY pre-bid meeting on January 8-9, 2013 at 9:00 a.m. local time (C.S.T) at the Emerald Coast Visitors Bureau Office, 1540 Miracle Strip Parkway, Fort Walton beach, FL 32548. Packet Pg. 504  1 2