12-07-10 Agenda OCOEE CITY COMMISSION
Ocoee Commission Chambers
150 North Lakeshore Drive
Ocoee, Florida
December 7, 2010 AGENDA 7:15 P.M.
REGULAR CITY COMMISSION MEETING
A. CALL TO ORDER
Invocation
Pledge of Allegiance
Roll Call and Determination of Quorum
B. PRESENTATIONS AND PROCLAMATIONS
Presentation of the following:
> 2010 Ocoee Tennis Players of the Year - Jack Vinson
> Officer Anglero for Officer of the Third Quarter — CACOPD Advisory Board
> Life Saving Award to Officer Sara Hampton and Officer Patera Scott. (Police
Chief Brown)
> MADD Award to Officer Travis Clark. (Police Chief Brown)
Proclamation Supporting the Let's Move! Campaign. (Mayor Vandergrift)
Woman's Club of Ocoee- Requesting a Letter of Support from the City to
Accompany a Grant Application for Repairs to the Clubhouse; Request for
Monetary Donations, if Possible. (Mayor Vandergrift)
C. COMMENTS FROM CITIZENS/PUBLIC
D. STAFF REPORTS AND AGENDA REVIEW
E. COMMISSIONERS ANNOUNCEMENTS
F. CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE AND WILL BE
ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS
DISCUSSION IS DESIRED BY A MEMBER OF THE COMMISSION, IN WHICH CASE THE MAYOR WILL
INSTRUCT THE CITY CLERK TO REMOVE THAT ITEM FROM THE CONSENT AGENDA AND SUCH ITEM
WILL BE CONSIDERED SEPARATELY.
1. Approval of Minutes for Regular Commission Meeting Held November 16, 2010.
(City Clerk Eikenberry)
2. Approval to Expend Forfeiture Monies to Purchase Accreditation Software
Subscription. (Deputy Police Chief Goclon)
Per Florida State Statutes 932.7055 "...Such (forfeiture fund) proceeds and interest earned therefrom
shall be used for ...other law enforcement purposes, which include defraying the cost of protracted or
complex investigations, providing additional equipment or expertise...." The Ocoee Police department
seeks to obtain State accreditation through the Commission for Florida Law Enforcement
Accreditation. This arduous process involves formulating, reviewing, approving, distributing, proving
compliance with, and testing on policies and general orders. All of this is made less burdensome on
staff by the utilization of special software that helps perform these tasks. Innovative Data Solutions,
Inc. has such software and it is in use by over 100 agencies across the state of Florida. The police
City Commission Regular
December 7, 2010
department wishes to expend not more than $5,000 from its Police Forfeiture fund to purchase a one
year subscription. IS has reviewed this software and proclaimed it compatible with the City's computer
system.
3. Approval of Resolution Supporting the Addition of a Value -Based Selection
Process to the Consultant's Competitive Negotiation Act (CCNA) for the
Procurement of Professional Services Related to Architecture, Engineering, and
Surveying. (CIP Manager Butler)
The Consultant's Competitive Negotiation Act (CCNA) presently limits the procurement methods
available for certain professional services to a single, qualifications -based approach in which the cost
of services is not considered until after the qualified firms have been ranked and award made by the
governing body. Negotiations progress from the highest - ranked firm one at a time, with no ability for
the procuring agency to weigh the costs and technical qualifications together to identify the best value
option.
The National Institute of Governmental Purchasing has created a best value procurement process that
allows simultaneous consideration of price proposals from all qualified firms. This alternative has
been proposed by the Florida Association of Public Purchasing Officials and the Florida Association of
Counties, among other groups, for adoption as a modification to the CCNA. The proposed legislation
would add the value -based selection process as a second option for procuring professional services. In
most cases, the value -based approach is best suited when the services to be delivered are fairly well
defined. When the value -based approach is not appropriate, the traditional qualifications -only process
would be used. The Engineering and Finance departments recommend that the City Commission
approve the proposed resolution. Doing so will lend valuable support to the statewide effort to support
the related legislation during the 2011 Florida Legislative Session.
4. Approval of a Budget Transfer Among Parks & Recreation Projects and
Execution of Change Order No. 4 with Trimble & Son Construction Group, Inc.,
to Adjust the Contract to Accommodate Installed Quantities and Field Orders.
(CIP Manager Butler)
The City's contractor, Trimble & Son Construction Group, Inc., recently completed work to rebuild
tennis court facilities at several city parks. A change order is needed to reconcile the bid and installed
quantities and to accommodate minor field orders issued during the course of the project. Such a
closeout change order is typical of construction projects with unit price pay items The total cost of
project additions and deletions is $9,459.13, of which $5,268.95 is covered by contract contingency
funds, making the total amount of the change order $4,190.18. This amount represents the need for
additional budget to closeout the contract.
A new basketball court is now under construction within the Tiger Minor Park property at the
intersection of Butterfly Creek Drive and Sleepy Harbour Drive. Funds in the amount of $50,000 for
this work were provided in the Adopted FY 2011 Budget to cover construction of the basketball court
and installation of sports lighting. The court construction received an allocation of $45,000, leaving
$5,000 for lighting. The final price proposal from Bright Future Electric for lighting at the basketball
court is $6,912.00, which is $1,912.00 above the available funds.
Taken together, the total budget need to complete the work is $6,102.18 which would be allocated
from remaining unencumbered budget for improvements at Prairie Lake Park.
5. Approval to Purchase New Police and Heavy Truck Tires and Sole Source
Heavy Truck Tire Recapping. (Public Works Director Krug)
The Fleet Division budget for Fiscal Year 2010 /2011 includes the replacement of Police vehicle tires
and heavy truck tires. The City has researched pricing and found Boulevard Tire Center provides the
lowest pricing available through the Florida Sheriffs Association's annual contract for new Police tires
and new heavy truck tires. The majority of the heavy truck tires replaced during the year are for the
Sanitation Division's fleet.
The Florida Sheriffs Association's annual contract does not solicit pricing for recapped heavy truck
tires. The City previously piggy backed off of a Broward County School Board contract with
Boulevard Tire Center for recapped tires which has since expired and is not being renewed. The City
has contacted the local recapped tire distributors /manufacturers and they do not have existing contracts
Page 2 of 6
City Commission Regular
December 7, 2010
the City can utilize. The other local distributors have said they are not willing to provide recapped
tires for the same, or lower price than Boulevard is quoting to the City.
Public Works recommends awarding a purchase order to Boulevard Tire Center based on pricing from
the Florida Sheriffs Association's annual contract for new Police tires and heavy truck tires. Public
Works also recommends awarding a sole source purchase order to Boulevard Tire Center for recapped
heavy truck tires based on the pricing described.
6. Approval of City of Ocoee v. Lakendon, et al: Parcels 108 and 804 — W.J.
Milner & Co. Mediated Settlement Agreement. (Assistant City Attorney Solik)
This case is an eminent domain action to acquire the ROW necessary to construct the Maguire Road
Phase V Project. Parcels 108 and 804 were mediated on November 16, 2010. Approval of the
negotiated costs will require the payment of $97,500 by the City.
7. Approval for Award of RFQ #1101 Construction Engineering & Inspection
(CEI) Services for Roadway Construction and Debris Monitoring to Reynolds,
Smith and Hills, Inc. (RS &H). (Purchasing Agent Tolbert)
In compliance with the Consultants' Competitive Negotiations Act (CCNA), Florida Statutes Section
287.055,et seq. and the policies and procedures of the City of Ocoee, the City solicited statements of
qualifications from professional engineering firms or individuals (consultants) that are interested in
providing construction engineering and inspection (CEI) services for federally funded roadway
construction projects and debris monitoring. The anticipated work would be the result of funding
availability from the Florida Department of Transportation (FDOT) Local Agency Program (LAP) and
Federal Highway Administration (FHWA), in the case of federal aid highway construction, and from
the Federal Emergency Management Agency (FEMA), in the case of debris monitoring associated with
declared disasters. No specific project has been identified at this time. The requested services are to
be provided on an as- needed basis. The City intends to award one or more contracts to the
consultant(s) deemed to be the most highly qualified to perform the required services. In determining
whether a consultant is qualified, the City considered such factors as the ability of professional
personnel; familiarity with federal -aid requirements; whether a firm is a certified minority business
enterprise; past performance; willingness to meet time and budget requirements; and recent, current,
and projected competing project workload of the firm. The contract shall automatically be renewed
annually unless terminated by the City m writing, for a maximum of five (5) years from the date of the
execution, with an optional one year renewal.
8. Approval for Award of RFQ #1102 Continuing Contract for Surveying and
Mapping Services to Mactec Engineering and Consulting Inc., Southeastern
Surveying and Mapping Corp., and Barnes, Ferland and Associates Inc.
(Purchasing Agent Tolbert)
The City's current continuing contracts for Surveying and Mapping Services expired November 1 and
November 15, 2010. In compliance with the Consultants' Competitive Negotiations Act (CCNA),
Florida Statutes Section 287.055,et seq. and the policies and procedures of the City of Ocoee, the City
solicited statements of qualifications from professional surveying and mapping firms or individuals
that are interested in providing general surveying and mapping services for various planning, design,
and development review projects. The City intends to award continuing contracts to no fewer than
three (3) firms deemed to be the most highly qualified to perform the required services. The contracts
shall automatically be renewed annually unless terminated by the City in writing, for a maximum of
five (5) years from the date of the execution, with an optional one year renewal.
9. Approval for Award of RFP #11 -001 Emergency- Disaster Debris Removal Term
Contract to Bamaco, Inc., Ceres Environmental Services Inc., and TFR
Enterprises, Inc. (Purchasing Agent Tolbert)
The City's current continuing contracts for Emergency- Disaster Debris Removal do not expire until
July, 31, 2011. The current contracts will be allowed to expire on their expiration date as the contracts
do not have a termination for convenience clause. The City will not be issuing task authorizations
awarding work under these contracts because of the new federal requirements. The Florida Department
of Transportation (FDOT) informed the City that Federal requirements had recently changed;
therefore, a new RFP was advertised in order to incorporate new Federal Emergency Management
Page 3 of 6
City Commission Regular
December 7, 2010
Agency (FEMA) and FDOT requirements. FDOT has reviewed the RFP and contract documents for
compliance. The City intends to award a contract to one or more Contractors qualified and licensed in
the State of Florida based on ability to rapidly mobilize, resources and machinery, experience with
similar contracts, price proposal, and a successful reference check. The contract shall consist of a one
(1) year term with four separate automatic one (1) year renewal terms, for a total of five (5) years.
G. PUBLIC HEARINGS — SECOND READING OF ORDINANCES
10. Second Reading of Ordinance for 10 -Year Water Supply Facilities Work Plan —
Adoption of Comprehensive Plan Amendment — THIS ITEM IS POSTPONED AND
WILL BE READVERTISED FOR A LATER DATE. (Advertised in the Orlando Sentinel Orange
Extra on Thursday, November 25, 2010). (City Planner Rumer)
11. Second Reading of Ordinance Creating a New Chapter 45 of the Code of
Ordinances of the City of Ocoee Relating to Trees on Private Residential
Properties within the City. (Advertised in the Orlando Sentinel Legal Classified on Thursday,
November 25, 2010). (City Planner Rumer)
Trees can reduce the erosion of our top soil by wind and water, cut heating and cooling costs, moderate
the temperature, clean the air produce oxygen, provide habitat for wildlife, and increase property
values, and improve the aesthetics of the community. Based on numerous comments from citizens to
staff and to the City Commission, staff was directed to evaluate and bring forward a means of
regulating trees on private residential properties. Staff has prepared a draft ordinance creating a new
Chapter 45 of the Code of Ordinances of the City of Ocoee that creates a regulatory framework and
policy for the control of planting, removal, maintenance, and protection of trees on private residential
properties.
H. REGULAR AGENDA
12. Approval to Hire Three (3) Officers Utilizing Monies from the 2010 COPS
Hiring Program Grant. (Deputy Police Chief Goclon)
On March 16, 2009, the Ocoee Police Department applied for a COPS Hiring Program Grant. The
grant would fund salaries and benefits for three (3) sworn police officers for three (3) years. On
September 16, 2010, the Ocoee Police Department received notification that it was awarded the grant.
The amount awarded for three (3) officers' salaries and benefits for a three (3) year period is $627,108.
The City of Ocoee must pay for the initial start up costs for uniforms and equipment (approximately
$6,000 per officer). In order to be in compliance with the grant requirements, the City must retain the
new officers for a minimum of 12 months following the conclusion of the three (3) year period.
Federal equitable sharing monies (forfeiture funds) may be used to equip and pay the City's final year
obligation of the salaries and benefits of these officers. As one (1) of the officer positions is a
currently frozen position and two (2) of the positions would be new, a budget amendment will be
necessary.
13. Approval of Fountains West Lease Agreement. (Deputy Police Chief Goclon)
Fountains West Shopping Center (located at Ocoee Apopka Road and West Road) wishes to offer
retail space to the Ocoee Police Department for its officers to use as a non - staffed substation at the cost
of $120 per year, plus the actual cost of utilities. This 1440 square foot substation (located in unit #315
of the shopping center) would allow officers to meet with citizens at the north end of the city, complete
reports, make phone calls, and receive faxes without having to travel too far from their patrol zones (as
they would do if they responded to the main headquarters building on Ocoee Commerce Parkway).
The substation would be accessible to the officers on a 24 -hour a day basis. A lease agreement is
required for liability purposes. Fountains West is managed by OCOE, LLC out of Naples Florida and
the lease agreement would be between OCOE, LLC and the City of Ocoee Police Department.
14. Approval of First Amendment to City of Ocoee /Colburn Development
Agreement Regarding Maine Street - THIS ITEM IS FORTHCOMING. (City
Attorney Rosenthal)
Page 4 of 6
City Commission Regular
December 7, 2010
I. STAFF ACTION ITEMS
J. COMMENTS FROM COMMISSIONERS
ADJOURNMENT
PLEASE NOTE: IN ACCORDANCE WITH FLORIDA STATUTES 286.0105: ANY PERSON WHO DESIRES TO
APPEAL ANY DECISION AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR THIS
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
ALSO, IN ACCORDANCE WITH FLORIDA STATUTE 286.26: PERSONS WITH DISABILITIES NEEDING
ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE OFFICE OF THE
CITY CLERK, 150 N. LAKESHORE DRIVE, OCOEE, FL 34761, (407) 905 - 3105 48 HOURS IN ADVANCE OF THE
MEETING.
Page 5 of 6