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HomeMy WebLinkAbout09-21-17 Minutes Special Session 140.4 Special Session CITY OF OCOEE City Hall Commission Chambers 150 North Lakeshore Drive Ocoee, Florida CITY COMMISSION SPECIAL SESSION September 21, 2017 MINUTES 12:00 p.m. I. Call to Order and Roll Call- 12:00 PM Mayor Johnson called the special session to order at 12:00 p.m. in the Commission Chambers of City Hall. City Clerk Sibbitt called roll and declared a quorum present. Present: Commissioner Wilsen, Mayor Johnson, Commissioner Firstner, Commissioner Keller Absent: Commissioner Grogan II. Emergency Item - Termination of Debris Removal Contract with CERES Environmental and Award of Debris Removal Contract with Raynor Shine. (Assistant City Manager Shadrix) - 12:00 PM On Tuesday, September 6, 2017, the City Commission awarded a debris removal contract to Ceres Environmental Services, Inc. in anticipation of the impact of Hurricane Irma. This award was executed by piggybacking on Orange County's contract with Ceres. This was done in preparation for the approaching Hurricane Irma and the Declaration of a State of Emergency from the Governor's Office, Executive Order Number 17-235. Due to the devastation imparted by Irma, the Mayor and City Manager activated the contract with Ceres by issuing a Notice To Proceed on September 13, 2017, for a not-to-exceed value of$1.2 million. The City issued written notice to proceed on September 13, 2017, and then public works staff and Ceres staff meet on Friday, September 15, agreeing to start on Wednesday September 20 to allow time for the City Commission to approve the monitoring contract with CPH engineers. Work was to have commenced with six crews at 7:00 a.m. on the morning of September 20. Ceres did not show up for duty, and repeated attempts to reach a representative resulted in City staff being informed that they did not have any trucks and it would be Thursday before they could provide a single truck. Additionally, Ceres was to have provided their bond by September 18, which did not occur. Following the events of Wednesday, September 20, The City met with Raynor Shine to determine if they were capable of fulfilling the scope agreed to by the nonperforming Ceres Environmental Services, Inc. Raynor Shine is equipped and experienced at following FEMA guidelines,has their own staging area, and has available trucks to begin immediately and meet the original schedule proposed by the Ceres contract, despite starting a few days late. The City attorney's office reviewed all applicable policies,rules, and statutes, and has determined that the City is justified to terminate its contract with Ceres Environmental Services, Inc. immediately and proceed with approval of a contract with Raynor Shine to begin work. City Attorney Cookson explained the City Commission awarded a debris removal contract to ?' Ceres Environmental Services, Inc. due to the devastation imparted by Hurricane Irma. Ceres Environmental Services, Inc. was to provide their bond by September 18th, which did not occur. Additionally, work was to have commenced as of yesterday morning; however, Ceres Environmental Services, Inc. did not show up for duty, and repeated attempts to reach a representative resulted in City staff being informed that they did not have any trucks. Given the nature of the situation, City staff consulted with the City Attorney's office to justify terminating the contract and move forward with Raynor Shine who is capable of fulfilling the scope agreed by the nonperforming Ceres Environmental Services, Inc. City Attorney Cookson advised he has prepared the letter for termination of the contract with Ceres Environmental Services, Inc., as well as an agreement for debris removal for Raynor Shine for a not to exceed price of 1.2 million dollars. He further advised the City Commission that their approval would be to authorize up to 1.2 million dollars with $50,000 being issued today and also authorize the City Manager to negotiate with Raynor Shine throughout the process. City Manager Frank shared that he does not anticipate issuing anything more than $50,000 until the City receives the performance bond. Finance Director Briggs said he would like to be sure they address any balances that would carry forward. City Attorney Cookson addressed Mr. Briggs' concerns by stating that the recommendation by Staff is that the Honorable Mayor and City Commission approve termination of its contract with Ceres Environmental Services, Inc. via the attached letter and authorize execution of a contracted work order with Raynor Shine, effective immediately for a not to exceed price of 1.2 million dollars. Staff requests that this action authorize the Mayor, City Clerk and Staff to execute the required contract documents and for the City Manager to approve additional work up to the limit of his purchasing authority and up to the allowable budget for unforeseen conditions, and for the Commission to delegate the authority to the City Manager to transfer money across funds to the Emergency Management account line 402-534- 00-5224 to cover the costs expended in the 2016-2017 Fiscal Year. Staff requests that the City Commission authorize the City Manager to issue a check in advance of service to Raynor Shine for$50,000 for today's date (September 21, 2017), and to authorize the City Manager to reallocate any unspent funds for the 2016-2017 Fiscal Year to the Raynor Shine's contract for the 2017-2018 Fiscal Year. Finance Director Briggs agreed that recommendation addressed his concerns. Motion: Move to approve Termination of Debris Removal Contract with Ceres Environmental and Award of Debris Removal Contract with Raynor Shine pursuant to staffs recommendation. Moved by Commissioner Keller, seconded by Commissioner Wilsen. Commissioner Wilsen inquired when City staff is anticipating the start date of the debris pick-up as residents will be inquiring. Public Works Director Krug said they are hoping to start on Saturday. Trucks will be measured this evening as they will need to be certified through FEMA. She further inquired if it would be the same schedule of 7 days a week. Public Works Director Krug answered in the affirmative. Motion carried 4-0 with Commissioner Grogan absent. III. ADJOURN- 12:08 PM APPROVED: ItiAttest: 'ty O ,ee Melanie Sibbitt, City Clerk Rusty Jo iso Mayo