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01-10-06 Minutes Spec/WS SPECIAL/WORKSHOP MEETING JANUARY 10, 2006 A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, January 10,2006. Roll call showed: Present - Commissioner Patricia Archer Commissioner Rita Ellis Vice-Mayor J on Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Also present were - David T. Harden, City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk Mayor Perlman called the meeting to order and announced that it had been called for the purpose of considering the following items: SPECIAL MEETING AGENDA 1. BID AWARD/SHUTTLE BUS SERVICE: Bid award to provide shuttle services in the downtown area; presentations from Quality Transport, Inc. and Limousines of South Florida. Funding is available from 001-2511-515-31.90 (General Fund/Other Professional Services) . Susan A. Ruby, City Attorney indicated the City has received a bid protest. Bid protest procedures provide that no action to award a bid could be taken until either the protester withdraws the protest or the City Commission determines the protest is without merit and approves the bid award. Before proceeding, the Commission has to determine whether the protest was timely and whether there was an unfair competitive advantage if it was timely. In order to do this, the Commission would have to hear proposals by the top two competitors; Quality Transport, Inc. and Limousines of South Florida which is the company protesting the bid award. Limousines of South Florida would provide the first presentation to explain why their protest was filed in a timely manner and to state why they felt there was an unfair competitive advantage. A decision must be made by the Commission as to whether the proposal was timely. Once that decision has been made the presentations by both parties could continue. Mark Levitt, President of Limousines of South Florida felt his protest was filed in a timely manner. Referencing Section 15 of Bid Protest Procedure #2 the time limit for filing a protest is five calendar days from the date the bid results become public information. In an RFP situation there are not bid results until the Selection Committee points to it. The Selection Committee met on December 5, 2005 and the results became public at that meeting and he filed his protest on December 8, 2005. The Purchasing Department denied the protest on the grounds that the deadline for filing was five days after bid opening, however the code clearly stated bid results. Therefore, Mr. Levitt felt his protest had been filed in a timely manner. On issues of unfair competitive advantage, Mr. Levitt felt there were three items which were not included in the competitor's package; 1) a signature page indicating the bidder was non-responsive; 2) vehicle information; and 3) an Occupational License. Attorney Bill Smith, representing Quality Transport, Inc. provided an explanation and documentation as to why the bid was awarded fairly. Addressing the unfair advantage, he explained that an Occupational License had been provided, the list of vehicles were provided, and on Exhibit 4 of the RFP page 34 the signature on that page was sufficient, according to City Staff. Mrs. Ellis moved to deny the bid protest stating is was not timely nor was there an unfair advantage given to the bid winner, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mrs. Ellis - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Said motion passed 5 to O. City Attorney Susan Ruby explained the next step if the protest was denied, the Commission could choose to rank anew and consider whether to waive any irregularities in Quality's proposal or in any other proposal. All four presentations would have to be heard again. Mrs. Ellis moved to waive irregularities, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor PerIman _ Yes; Mrs. Archer - Yes; Mrs. Ellis - Yes; Said motion passed 5 to O. Ms. McCarthy stated, for the record, there is a difference between RFP's and Request for Bids. She checked the wording and the Commission, Staff, and the committee which reviewed the bids, each has the ability and right to make such decisions. Mrs. Archer moved to award the bid per Staffs recommendation to Quality Transportation, seconded by Ms. McCarthy. Upon roll call, the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mrs. Archer - Yes; Mrs. Ellis - Yes; Mr. Levinson - Yes; Said motion passed 5 to O. Mayor PerIman adjourned the Special Meeting at 6:14 p.m. WORKSHOP AGENDA 1. US 1 Resurfacing. Restoration. and Rehabilitation (RRR) Project Presentation. Randal Krejcarek, City Engineer introduced FDOT and their Consultants from URS. Teo Baez, P.E., URS Project Manager and Andrew Nunes, P.E., URS Deputy Project Manager provided handouts and a presentation reviewing the scope of the Resurfacing, Restoration, and Rehabilitation (RRR) Project. The presentation included the time frame for 2 January 10, 2006 commencement, the construction schedule, and pending issues which need to be finalized concerning the RRR Project before the project goes to bid. 2. Review of Police and Firefighters' Pension Issues - Jim Linn. Jim Linn, the City of Delray Beach's Pension Attorney presented an informational session overview concerning issues which are facing the Police and Firefighters Pension Plan. The Plan is funded in part by state premium tax revenues which work as a voluntary revenue sharing program. The City's required contribution this year is approximately $4.8 million. The City has had several meetings with the police and firefighter union representatives in an effort to resolve the premium tax issue, but have been unable to come to an agreement. It was the consensus of the Commission to file a Declaratory Judgment with the courts asking for a determination of rights. Concerning the Declaration of Earnings, Mr. Linn explained the particulars of pending adjustments of employees who have already retired. A third party administrator has indicated that the pensions already paid to retirees should be recalculated to reflect the inclusion of certification pay. It was the consensus of the Commission to obtain more information concerning certification pay cost issues. Concerning the Pension Board governance issues, Mr. Linn explained the membership requirements for the Pension Board which are established by Florida Statutes. Any changes could affect tax revenues. To change Statute requirements, an amendment must be made to the Statute. 3. Proposed Generator Ordinance. David T. Harden, City Manager presented information and suggested the City draft an ordinance for the City Commission to consider establishing new, substantially modified or rebuilt emergency generators at multiple locations throughout the City. It was the consensus of the Commission to have Staff survey businesses and communities in Delray Beach regarding possible incentive programs, and whether they have implemented or budgeted for any emergency plans. It was also suggested to research if any pending legislation has been filed. At that point, the generator issues could be reviewed again with a fresh approach. 4. Proposed Crossing Guard Surcharge on Parking Tickets. David T. Harden, City Manager presented a proposal to add a surcharge to the City's current parking ticket fine structure to cover the expenses of the City's proposed crossing guard program. It was the consensus of the Commission to move forward on this proposal and allow the City Attorney to draft an ordinance. 3 January 10,2006 5. Review of proposed Parks Improvements - Joe Weldon. J oe Weldon, Director of Parks and Recreation provided a presentation for upgrading beach front parks and other existing parks. It was the consensus of the Commission that the proposal to upgrade the City Parks looked great, and for Staff to move forward with the project. 6. Direction regarding Western Communi1;y Center. Joe Weldon, Director of Parks and Recreation provided a presentation for the proposed building program for the Western/Senior Community Center. Priorities were rated on a one to ten scale, and Staff will be looking for direction from the Commission on how to proceed. Elizabeth Lugo from the Mae V olen Senior Center also made a presentation. It was the consensus of the Commission to concentrate on the Senior Citizen aspects, leave in the Alzheimer's Care and proceed with the program. 7. Direction regarding Multi-space Parking Meter Options - Paul Dorling/Scott Aronson. Scott Aronson, Planning and Zoning Parking Management Specialist provided information concerning the installation of multi-space parking meter options. It was the consensus of the Commission to proceed with the pay and display parking meter proposal. They also liked the convenience of using credit cards at the meters. 8. Commission Comments Mayor Perlman adjourned the Workshop Meeting at 9:25 p.m. ~~.~. ~\~.;I City Clerk ATTEST: ~l4- The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, January 10, 2006, which Minutes were formally approved and adopted by the City Commission on January 17, 2006 4 January 10,2006 - r- r I ~~~~.\-~~\ City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. 5 January 10,2006