Jan 09, 2023 City Council

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THANK YOU.

GOOD MORNING, LADIES AND GENTLEMEN, AND WELCOME IN PROGRESS.

GOOD MORNING, LADIES AND GENTLEMEN, AND WELCOME TO THE REGULARLY SCHEDULED, UH, CITY COUNCIL MEETING FOR JANUARY 9TH, 2023.

UM, HAPPY NEW YEAR AGAIN.

LEAVE US IN VACATION COUNCIL,

[I. INVOCATION, PLEDGE & ROLL CALL]

FATHER, GOD, WE THANK YOU OH GOD, FOR ALLOWING US AN OPPORTUNITY TO CONTINUE TO SERVE THE CITIZENS OF PORT ARTHUR IN THIS COMING YEAR OF 2023.

WE THANK YOU FOR THIS FIRST MEETING OF 2023.

WE PRAY, GOD, THAT EVERYTHING THAT IS DONE AND THAT IS SAID IN THIS MEETING WILL BE TO YOUR GLORY AND TO ENHANCE THE CITIZENS OF PORT ARTHUR AND WILL BE DONE TO YOUR HONOR.

IN JESUS NAME WE PRAY.

AMEN.

AMEN.

PLEASE JOIN US IN THE PLEDGE PLEDGE TO LEAD YOU TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

MAY I HAVE THE ROLL CALL, CITY SECRETARY, PLEASE.

MAYOR BART.

MAYOR PROTO HOLMES.

HERE.

COUNCIL MEMBER JONES.

COUNCIL MEMBER KEN LAW HERE.

COUNCIL MEMBER MARKS HERE.

COUNCIL MEMBER MOSES HERE.

COUNCIL MEMBER FRANK HERE.

YOU HAVE A QUO.

MAYOR.

THANK YOU.

ARE THERE ANY PROCLAMATIONS TO BE READ? OKAY, WE'LL MOVE

[III.B.1. A Presentation By Staff Regarding Update On Crime And Police Department Vacancies (Requested By Councilmember Kinlaw)]

OUR FIRST, UH, PRESENTATION WILL BE BY THE STAFF OF THE, UH, POLICE DEPARTMENT, MAYOR PROTE.

UM, YES, I, I GOT IN CONTACT WITH CHIEF.

UH, WE HAVE SOME, UH, STATISTICAL DATA THAT WE'RE WAITING ON.

OKAY.

SO IF AT THIS TIME IF I CAN, UH, PUT THIS BACK CITY SECRETARY, WE'LL PUT IT ON THE NEXT, UH, AGENDA, IF THAT'S B OKAY.

ALRIGHT.

MAYOR PRO.

THANK YOU.

ALRIGHT, WE'LL MOVE ON TO

[III.B.2. A Presentation By The Texas Water Development Board Regarding The City Of Port Arthur Finance Policy Manual]

IS THERE REPRESENTATIVE OF THE WATER BOARD HERE? OH, THEY'RE ON THE, THE ZOOM.

THE ZOOM, YES, SIR.

CAN I ASK THE, I CAN, WOULD YOU INTRODUCE YOURSELF TO US AND, SURE.

MY NAME IS DENNIS KIOS AND I AM DIRECTOR OF THE CFO GO PROGRAM AT THE, UH, TEXAS WATER DEVELOPMENT PROGRAM, UH, BOARD.

AND I'M VERY HAPPY TO BE HERE, SOMEBODY TO TALK TO YOU ABOUT THE PROGRAM.

THANK YOU.

THANK YOU FOR BEING HERE.

MY PLEASURE.

I APPRECIATE YOU.

BUT, UM, I WANTED TO, UH, WISH YOU ALL AND THE COUNCIL AND STAFF, UH, IT'S A PLEASURE TO BE HERE THIS MORNING, WHAT I WANTED TO DO WAS TO COVER FOUR AREAS.

ONE, THE PROGRAM MISSION THAT THE CFO TO GO PROGRAM SECTION.

SECOND WOULD BE HOW WE SELECT PARTICIPANTS IN THE PROGRAM.

A THIRD ITEM WOULD BE A VERY BRIEF SUMMARY OF PROGRAM DESCRIPTION.

AND THEN, UH, NUMBER FOUR WOULD BE TO LEAD INTO A DISCUSSION BY THE CONSULTANTS ON THE PROJECT OUTCOME AT PORT ARTHUR.

SO I'LL LEAD OFF WITH THE MISSION.

THE MISSION OF CFO DEVELOP PROGRAM AT THE TEXAS WATER FOR IS TO PROTECT STATE AND FEDERAL INVESTMENTS, LOCAL AMENITIES BY MITIGATING THE RISK OF ROOM FAULT.

UH, WE ALSO INTEND TO ASSIST PARTICIPATING ENTITIES BY IDENTIFYING OPPORTUNITIES TO STRENGTHEN CONTROLS INTENDED TO SUPPORT FINANCIAL OPERATIONS.

AND FINALLY, UH, OUR GOAL IS TO HAVE THE CITY AND FOR THE DW DB FROM ENHANCED CITY PROCESSES AND STRONG STATE AND LOCAL PARTNERSHIPS.

SO HOW DO WE SELECT PARTICIPANTS? WE GO THROUGH A, UH, THE WAITING PROCESS BASED ON CERTAIN CRITERIA, THE

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WE ALSO TAKE INTO CONSIDERATION OF THE TIMELINESS OF AUDITS AS LAY AUDITS CAN BE LEADING INDICATORS, BOTH POTENTIALLY DEEPER ISSUES WITHIN THE, UH, CITY OR ENTITY.

UM, AND THEN FINALLY, MOST IMPORTANTLY, I THINK WE ARE LOOKING FOR ENTITIES BIAS FOR CONSTRUCTIVE CHANGE.

THIS COUNCIL INDICATED THEIR COMMITMENT TO THE PROCESS WHEN THEY APPROVED PARTICIPATION, THE PROGRAM FEBRUARY.

SO HOW DOES THE PROGRAM WORK? WELL, FIRST OF ALL, THE PROGRAM ACHIEVES PROGRAM GOALS BY PROVIDING CONSULTING EXPERTISE TO THE CITY FREE OF COST.

THERE ARE INDIRECT COSTS IN TERMS OF THE STAFF TO CONSULTANTS TO CURRENT CONDITIONS, IS TO AGREE ON WHAT CORRECTIVE OR IMPROVEMENT OPTIONS, UH, WOULD WORK BEST FOR THE, UH, SITTING THE, UH, FINANCIAL CONSULTANTS THAT WE CONTRACT WITH A SNAPSHOT OF ACTIVITIES, CONDITIONS AT THE CITY, PRIMARILY IN THE FINANCIAL RELATED OPERATIONS.

THE CONSULTANTS IDENTIFIED THE OPPORTUNITIES TO IMPROVE OPERATIONS, UM, AND THE CONSULTANTS WORK WITH THE STAFF TO FILM DOCUMENTATION, WHICH IS KEY WE FIND TO, UH, CONTINUITY, UM, PARTICULARLY IN, IN ENTITIES WITH HIGH TURNOVER, UM, AS I, AS THE CITY HAS EXPERIENCED OVER THE LAST SEVERAL YEARS.

UM, SO THAT'S THE OVERALL PICTURE OF WHAT THIS PROGRAM IS ALL ABOUT.

WE HAVE GIVEN, UH, THE OPPORTUNITY PARTICIPATE IN THIS PROGRAM TO APPROXIMATELY 20 ENTITIES THAT HAVE RESULTS.

SO I WILL LEAD IT TO, TO DISCUSS THE, UH, FINAL WORK PRODUCT RESULTING FROM THE PROJECT.

AND LINDSEY IS WITH RESK L UM, AS LINDSEY WILL EXPLAIN ADOPTION AND IMPLEMENTATION PROCEDURE, MANUAL, MANUAL, UH, GENERATED IN THIS PROCESS WHEN AN ENACT SHOULD HELP ADDRESS ISSUES NOTED IN PREVIOUS ANNUAL FINANCIAL REPORTS.

SO WITH THAT, I'LL TURN IT OVER TO LINDSEY CAL.

GOOD MORNING.

UM, MY NAME IS LINDSEY CAL.

I'M CONSULTANT WITH HER CLINIC LLT.

UM, AND FIRST OF ALL, UH, IT HAS BEEN AN ABSOLUTE PLEASURE TO HAVE THE OPPORTUNITY, UH, TO WORK WITH A NUMBER OF PERSONNEL AT THE CITY.

ARTHUR.

UM, THIS EFFORT WOULD NOT HAVE BEEN POSSIBLE WITHOUT THEIR ASSISTANCE.

UM, SO WE CAN'T HAND OVER JUST A, A SET OF HEALTH PROCEDURES AND IT'S STUCK FOR THE WORK FOR YOUR CITY.

THE INSIGHTS THAT HAVE BEEN PROVIDED BY YOUR PERSONNEL WERE ABSOLUTELY CRITICAL FOR, UH, AND BEEN THE FOUNDATION OF THE WORK WE'VE BEEN DOING.

SO, AND DANIEL AND I HAVE BEEN WORKING ON UPDATING YOUR FINANCIAL POLICIES AND PROCEDURES.

UM, WE'VE BEEN DEVELOPING A FRAMEWORK FROM THE REMOVING SOME OF THE FINANCE DEPARTMENT PROCESSES AS WELL.

UM, WE DIRECTED OUR WORK PRIMARILY TOWARDS ADDRESSING UNDERLYING ISSUES IDENTIFIED PREVIOUS AUDIT.

UM, WE'VE ALSO STEPPED BACK AND TRIED TO TAKE A LOOK AGAIN.

DENNIS' SET IT FINANCE DEPARTMENT PROCESSES OUR WHOLE, SO THE WAY THAT WE WENT ABOUT ADDRESSING SOME OF THESE CONCERNS WERE WE FOCUSED ON UPDATING POLICIES AND PROCEDURES AND CREATING THE STRUCTURE.

AND THAT STRUCTURE WHEN, AND IMPLEMENTED BY THE CITY SHOULD ASSIST THE FINANCE DEPARTMENT IN BEING ABLE TO BETTER ADDRESS THOSE AREAS OF MATERIAL WEAKNESS OR, UH, INTERNAL CONTROL.

IT SHOULD GIVE THEM TOOLS, UM, THAT THEY CAN USE.

WE'VE ALSO BEEN WORKING TO BUILD A COUPLE OF FRAMEWORKS AND CHECKLISTS AND CHECKINS.

SO, UM, THESE SHOULD PROVIDE THE UNDERPINNING FOR IMPROVED PROCESSES AND PROCEDURES IN THE FINANCE DEPARTMENT AS A WHOLE.

WE GIVE CAN AND HER PERSONNEL IN THE FINANCE DEPARTMENT, UH,

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VERY, VERY ON THE, ONE OF THE, UH, PURCHASING DEPARTMENTS, UH, GOALS AS WELL.

UM, WORKING WITH CLIFTON WILLIAMS TO, UH, CREATE A CHECKLIST THAT WE SHOULD BE ABLE TO GIVE SOME HELP TO HIM IN WORKING WITH DEPARTMENT HEADS.

AND THAT HAS, UH, THAT IS LARGELY WHAT WE HAVE BEEN ABLE TO PROVIDE TO THE CITY OF ARTHUR.

UPDATED POLICIES, PROCEDURES, A LITTLE BIT OF FRAMEWORK AND REFERENCE.

OKAY.

THANK YOU.

THANK YOU.

WAS THERE SOMETHING YOU WANTED TO ADD, CANDY? NO.

OKAY.

OKAY.

ANY QUESTIONS, COUNSEL? WHEN KEN I THINK I SAY YOUR LIKE FIRST.

NO, MA'AM.

APPROACH HIM.

UH, IT WAS KIND OF HARD TO HEAR, UH, YOUR PRESENTATION, BUT, UH, I'M GUESS WE'RE GONNA MAKE DUE WITH THE INFORMATION YOU PROVIDED THAT I DID HERE.

SO IF I HAVE ANY QUESTIONS, I'LL MAKE SURE I GET WHAT THE CITY MANAGER ABOUT THOSE DETAILS.

THANK YOU, COUNCILMAN MARKS.

UM, GOOD MORNING.

UH, IN REVIEWING THE, UH, THE POLICY MANUAL, I'VE ALREADY SPOKEN TO THE CITY MANAGER ABOUT THIS.

THERE, THERE'S CERTAIN AREAS, THERE'S CERTAIN AREAS IN, UH, IN HERE THAT, UH, THERE'S, UH, SOME AMBIGUITY ABOUT THE WORDING.

UH, UH, I GUESS SPECIFICALLY WILL VERSUS SHELL AS FAR AS DEPARTMENT POLICIES AND WHETHER OR NOT, UH, DEPARTMENTS OR SHELL BE RESPONSIBLE OR WILL BE RESPONSIBLE, THAT THAT LEAVES A LITTLE WIGGLE ROOM.

UM, AND TALKING WITH THE CITY MANAGER, WE'RE GONNA LOOK AT THAT AND SEE, I'VE, I'VE IDENTIFIED SEVERAL PLACES IN THIS, IN THIS DOCUMENT WHERE, UH, WE PROBABLY NEED TO, TO CHANGE THE WORDING IN THERE A LITTLE BIT.

OKAY.

ALL RIGHT.

ANY OTHER QUESTIONS OF COUNSEL? THERE IS A COMPANION, UH, ORDINANCE THAT WE'LL MEET.

MOVE TO ON PAGE SIX OF OUR, UH, AGENDA.

IT'S PR 22 95 6 AND THE RES, IT'S A RESOLUTION ADOPTING THE CITY OF PORT ARTHUR FINANCE POLICIES MANUAL.

MAY I HAVE A MOTION PLEASE, MA? SECOND, IT'S BEEN A QUESTION.

IT'S OKAY.

QUESTION.

MAY MAY, MAY.

YES.

I WOULD LIKE TO MAKE A RECOMMENDATION THAT WE TABLE THIS ITEM AND, UM, IT'D BE BROUGHT BACK AFTER THE DISCUSSION.

OKAY.

ALL RIGHT.

AT THIS TIME, UH, WE NEED A MOTION TO TABLE.

SO MOVE.

IT'S BEEN MOVED.

SECOND.

IT'S BEEN MOVED IN SECOND TO TABLE, UH, PR NUMBER 22 956 UNTIL, WHAT WAS YOUR RECOMMENDATION? TILL THE NEXT MEETING.

OKAY.

HOLD THOSE IN FAVOR, PLEASE SIGNIFY BY SAYING AYE.

AYE.

ANY OPPOSITION? MOTION CARRIES THERE BEING NO PUBLIC HEARINGS.

WE'LL MOVE TO

[V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER)]

HE'S STILL RECUPERATING.

UH, HE ASKED ME TO READ, UH, SOMETHING ABOUT AN ECONOMIC JUSTICE EVENT.

JOIN IN A CA DURING THE MLK FOUR DAY ECONOMIC JUSTICE EVENT.

IT'S A HISTORIC FREE EVENT TO CREATE WEALTH THROUGH AFFORDABLE HOUSER HOME OWNERSHIP.

THE OPPORTUNITY TO BUILD GENERATIONAL WEALTH THROUGH HOME OWNERSHIP ENHANCES THE QUALITY OF LIFE WE ASPIRE FOR.

IN PORT ARTHUR N ACA OFFERS A GREAT PARTNERSHIP FOR PORT ARTHUR RESIDENTS, AND THAT'S A QUOTE FROM OUR MAYOR, THURMAN VATI.

UH, THE EVENT WILL BE HELD JANUARY 13TH THROUGH THE 16TH, UH, AT THE RECREATION AND SENIOR CENTER, 1308 NINTH AVENUE, PORT ARTHUR, TEXAS, AND YOU WILL BE GETTING ADDITIONAL INFORMATION.

THERE MAY BE INFORMATION ON YOUR PACKET.

COUNSEL, YOU WILL HAVE ADDITIONAL INFORMATION REGARDING THIS ON YOUR, UH, EMAIL.

COUNCILMAN FRANK? NO, I'M SORRY.

YOUR LIGHTS.

OKAY.

COUNCILMAN MARKS YES, TO

[VII. CONSENT AGENDA]

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THE FOLLOWING ITEMS ARE OF ROUTINE NATURE ARE ADMINISTRATIVE NATURE.

THE COUNCIL HAS BEEN FURNISHED WITH SOME BACKGROUND INFORMATION AND SUPPORT MATERIAL ON EACH ITEM, AND OR IT HAS BEEN DISCUSSED AT A PREVIOUS MEETING.

ALL ITEMS WILL BE ACTED UPON BY ONE VOTE WITHOUT BEING DISCUSSED SEPARATELY, UNLESS REQUESTED BY A COUNCIL MEMBER OR A CITIZEN.

IN WHICH EVENT, THE ITEM OR ITEMS WILL IMMEDIATELY BE WITHDRAWN FROM INDIVIDUAL CONSIDERATION IN ITS NORMAL SEQUENCE.

AFTER THE ITEMS NOT REQUIRING SEPARATE DISCUSSION HAVE BEEN ACTED UPON.

ARE THERE ANY ITEMS THAT COUNSEL WOULD LIKE TO WITHDRAW? COUNCILMAN MARKS? UH, YES MA'AM.

MAYOR PRO TEM.

UH, I'D LIKE TO, UH, REMOVE ITEM NUMBER 11.

OH, NUMBER 11.

WOULD THAT BE PR NUMBER 22 9 53? YES.

MM-HMM.

.

ANY OTHER COUNCIL MEMBER WITH THAT? WE'LL REMOVE AND COME BACK FOR, UH, FURTHER DISCUSSION ON ITEM 11.

MAY I HAVE A MOTION ON THE CONSENT AGENDA, PLEASE? SO, MOVE.

SECOND.

IT'S BEEN MOVED IN SECOND TO APPROVE THE CONSENT AGENDA IN THE DISCUSSION.

ALL THOSE IN FAVOR, PLEASE SIGNIFY BY SAYING AYE.

AYE.

ANY OPPOSITION? MOTION CARRIES.

I WILL GO BACK

[VII.11. P.R. No. 22953 - A Resolution Authorizing The City Manager To Purchase One (1) Mack MD7 Commercial Truck For The Solid Waste - Commercial Division From Vanguard Truck Centers Of Houston, Texas, Through East Texas Mack And The Tips (Formerly Tips/Taps) Cooperative Purchasing Program For The Amount Of $196,662.00. Funding Is Available Through The Capital Improvement Fund Account, Account Number 307-50-000-8522-00-10-000, Project Number CE0005]

A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE ONE MAC MD SEVEN COMMERCIAL TRUCK FOR THE SOLID WASTE COMMERCIAL DIVISION FROM VANGUARD TRUCK CENTERS OF HOUSTON, TEXAS THROUGH EAST TEXAS MAC.

AND THE TIPS, FORMERLY TIPS THAT SLASH TAPS COOPERATIVE PURCHASING PROGRAM FOR THE AMOUNT OF $196,662.

FUNDING IS AVAILABLE THROUGH THE CAPITAL IMPROVEMENT FUND ACCOUNT.

ACCOUNT NUMBER 3 0 7 DASH FIVE DASH 0 0 0 DASH 85 22 DASH ZERO ZERO DASH ONE ZERO DASH 0 0 0.

PROJECT NUMBER C E 0 0 0 5.

MAY I HAVE A MOTION PLEASE? SO MOVED.

SECOND.

IT'S BEEN MOVED IN SECOND.

ANY DISCUSSION, COUNCILMAN MARKS? YES.

UH, JUST, JUST A QUICK QUESTION, AND I PROBABLY SHOULD, UH, POSE THIS TO THE, UH, CITY MANAGER ON THE, UH, EQUIPMENT THAT'S BEING REPLACED.

IT'S, UH, IT WAS PURCHASED BACK IN 1996.

AND, UH, SO THAT MEANS THAT IT'S, UH, ALMOST 20 20, 20 23.

NO, THAT'S 26.

26.

YEAH.

AND, AND SO WHAT, AND, AND THE NEW POLICY MANUAL THAT WE'RE GONNA, UH, LOOK AT AT THE NEXT MEETING, WE'RE TALK THERE, THERE'S A DEFINITION OF USEFUL LIFE.

SO, UH, WHEN WE, WHEN WE RUN EQUIPMENT PASSES USEFUL LIFE, IT ENDS UP COSTING US MORE TO, TO, TO MAINTAIN.

AND, AND, AND SO IS THERE, MY QUESTION IS, IS THERE A SCHEDULE AS TO WHEN WE REPLACE EQUIPMENT BEFORE IT STARTS TO COST US ENORMOUSLY IN, IN MAINTENANCE AND REPAIR COSTS? UM, YES.

YES.

COUNSELOR, THERE IS A SCHEDULE.

UM, IF WE RECALL, I HAVE PUT IN PLACE MR. UM, IVAN, IVAN, UM, MITCHELL AT THE, UM, THE TRANSIT DEPARTMENT WHO HEADS THE TEAM BEFORE WE PREPARE ANY BUDGET RIGHT NOW, AS FAR AS REQUESTS FOR EQUIPMENT IS CONCERNED, MR. MITCHELL AND HIS TEAM, THE, THE, THE MECHANICS IN THE GARAGE ARE TO SIT WITH EACH HEAD OF DEPARTMENT TO DETERMINE, YOU KNOW, THE USEFUL LIFE OF, UM, EQUIPMENT.

UM, BECAUSE WE HAVE FORMED IN THE PAST THAT THE PIECE OF EQUIPMENT VALUE THE $24,000, WE HAVE SPENT $90,000 ON IT OVER THE YEARS, WHICH IS JUST NOT ACCEPTABLE.

RIGHT? SO THERE ARE CERTAIN PROCEDURES THAT HAVE BEEN PUT IN PLACE RIGHT NOW TO ADDRESS THOSE SHORTCOMINGS, AND THAT'S JUST ONE OF THEM THAT, UM, WE ARE DOING.

AND, UH, WE WILL CONTINUE TO DO THAT TO MAKE SURE THAT, UM, YOU KNOW, THE ASSESSMENT IS BEING MADE IN GOOD TIME, IN GOOD TIME.

AND WE DO NOT GET TO SITUATIONS LIKE THIS IN THE FUTURE.

UH, IN THE PAST THAT HAS NEVER BEEN IN, IN EXISTENCE, AND FOR THE LAST TWO BUDGETS, WE HAVE BEEN VERY SUCCESSFUL IN IMPLEMENTING THOSE.

AND WE'LL CONTINUE TO DO THAT.

JUST, JUST TO FOLLOW

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UM, UM, THE REQUEST WAS BEING MADE AND THERE WERE NO CHECKS AND BALANCES AS FAR AS THAT WAS CONCERNED, BUT I MADE SURE THAT WITH THE HELP OF THE TEAM, THAT WE WERE ABLE TO PUT THOSE CHECKS AND BALANCES IN PLACE, UM, TO MAKE SURE THAT, UM, IT GOES THROUGH A VERY RIGOROUS, UM, VETTING PROCESS FOR EACH DEPARTMENT.

EACH DEPARTMENT BEFORE THE BUDGET HAS A TIME TO MEET WITH THE COMMITTEE AND TO MAKE SURE THAT, UM, HIS EQUIPMENT LEASE, HIS OR HER EQUIPMENT LEASE OR THE EQUIPMENT LEASE IS BEING THOROUGH, THOROUGHLY VETTED.

RIGHT? YEAH.

IT, IT'S BEEN MY EXPERIENCE IN, IN INDUSTRY, UH, THAT WHENEVER YOU PURCHASE CAPITAL EQUIPMENT AND, AND YOU HAVE, EXCUSE ME, AND YOU HAVE, UH, A USEFUL LICENSE THAT THAT SETS CALCULATED VIA FORMULA THAT, THAT YOU DO PREVENTIVE MAINTENANCE AND AIR REPORTS THAT ARE GIVEN ON AN ANNUAL BASIS SO THAT, UH, YOU CAN, YOU, YOU CAN ACTUALLY NOT, NOT ONLY WRITE THE DEPRECIATION OFF THESE E UH, EQUIPMENT, BUT YOU CAN REPLACE IT IN A TIMELY MANNER SO THAT YOU DON'T INCUR THESE ENORMOUS, UH, REPAIR AND EXPENSE COSTS.

SO I'M, I'M JUST, UH, I'M, I'M GLAD THAT WE'RE, WE'RE, WE'RE, WE'RE PUTTING A POLICY IN PLACE, BUT THAT POLICY, I WOULD THINK WOULD FOR A MUNICIPALITY AS AS OLD AS WE ARE, THAT IT SHOULD HAVE BEEN IN PLACE A LONG TIME AGO.

AND, AND, AND I WOULD LIKE TO SEE ONCE THE POLICY IS WRITTEN, UH, A COPY SO THAT, THAT WE AS COUNSEL, WHEN WE APPROVE THE, THE FINANCE POLICY MANUAL AND, UH, THAT, THAT WE HAVE, UH, INFORMATION IN FRONT OF US, THAT THAT ACTUALLY SHOWS US THAT, UH, THERE IS A POLICY THAT'S GOING TO, UH, DO EXACTLY WHAT, UH, STANDARD PRACTICES SAYS IT SHOULD DO.

MM-HMM.

.

YEAH.

AND LET ME JUST SHARE WITH THE COUNCILORS, WELL, THAT, UM, IN ADDITION TO THE POLICY, WHAT WE WILL BE DOING IS THE ENGAGEMENT OF TECHNOLOGY, UM, THE POSITION OF SOFTWARE SO THAT EACH DEPARTMENT KNOWS WHEN EACH EQUIPMENT COMES UP FOR SERVICING.

AND, UM, THEY ARE ABLE TO WORK COLLABORATIVELY WITH THE, THE, THE, UM, UM, THE DEPARTMENT OF THE RHO MILLS, OUR PUBLIC OF, OF THE GARAGE, TO MAKE SURE THAT THESE VEHICLES COME IN AND ARE SERVICED ON TIME.

AND TO MAKE SURE THAT WE UNDERSTAND WHEN THE VEHICLE OR THE EQUIPMENT COMES TO THE END OF ITS USEFUL LIFE, THAT IT IS TURNED IN AND IT'S BEEN REPLACED ON TIME.

SO WE HAVE ALSO ENGAGED TECHNOLOGY AS WELL TO MAKE SURE THAT THIS IS BEING DONE.

THANK YOU.

COUNCILMAN KENK? UH, THANK YOU.

THANK YOU, MAYOR PROTE.

UH, RON, JUST TO KIND OF JUST READ THE BACKGROUND OF THIS, THIS, UH, PR, UH, RESOLUTION, I, I NOTICED ON THE CONTRACT IT HAS AN EXTENDED WARRANTY WITH IT.

I'M GLAD THAT WE, WE ACTUALLY UTILIZING THAT THE TRUCK IS A 2023, UH, MD SEVEN.

I'M NOT REALLY FAMILIAR WHAT TYPE OF TRUCK THAT IS AND WHAT IT'S UTILIZED FOR.

SO IF SOMEONE CAN TELL ME THAT, BECAUSE I'VE BEEN TRACKING, YOU KNOW, THE GARBAGE COLLECTION AND WHAT WE'VE BEEN DOING WITH OUR TRUCKS AND HOW WE ARE MAINTAINING THOSE TRUCKS.

AS OF RECENTLY, WE, WE, YOU KNOW, WE PURCHASED A TRUCK THAT WAS 21 YEARS OLD, AND, YOU KNOW, I HAVE CONCERNS ABOUT WHY ARE WE DOING SOMETHING LIKE THAT AND SAYING IT'S BENEFITING THE CITY.

UH, IF WE GONNA PURCHASE SOMETHING THAT'S 21 YEARS OLD AND SAY IT'S GONNA BE THE BEST NEXT THING THAT HELP IN THIS COMMUNITY, I DO HAVE A CONCERN.

SO ANY TYPE OF VEHICLES THAT COMES BEFORE ME, I READ THE BACKGROUND AND WANT TO ENSURE THAT IT'S GONNA HELP THE CITI, THE CITIZENS OF PORT ARTHUR.

SO THIS PARTICULAR TRUCK, A MD SEVEN, WHAT IT WILL IT BE UTILIZED FOR? GOOD MORNING COUNSEL.

GOOD MORNING.

EXCUSE MY BOYS.

UM, THIS PARTICULAR TRUCK IS A CARRIER TRUCK, SO IT'S THE KIND OF TRUCK THAT'S USED TO BRING THOSE LARGE DUMPSTER CONTAINERS.

OKAY? YES, SIR.

TO, UH, BUSINESSES AND FROM BUSINESSES BACK TO THE YARD.

OKAY.

SO THAT'S THE TRUCK BRAND NEW 2023 WITH EXTENDED WARRANTY.

EXTENDED WARRANTY.

YES, SIR.

OKAY.

THANK YOU.

THANK YOU MS. ROBERTS.

WITH THAT.

ARE THERE ANY OTHER QUESTIONS OR DISCUSSION? WE HAVE A MOTION ON THE FLOOR IN A SECOND.

MAY I HAVE A ALL THOSE IN FAVOR PLEASE SIGNIFY BY SAYING AYE.

AYE.

ANY OPPOSITION? MOTION CARRIES.

WE'LL MOVE ON TO, UH, NON-CONSENT ITEMS.

[00:25:01]

[VIII.A.2. P.R. No. 22959 - A Resolution Rejecting The Bids Submitted For The El Vista Subdivision And Port Acres Subdivision Drainage Improvement Projects And Authorizing The Purchasing Division To Re-Advertise The Invitations To Bid]

MAY I HAVE A MAY, MAY I HAVE A SECOND.

THAT SECOND.

, IT'S BEEN MOVED IN SECOND TO APPROVE THE AGENDA.

ANY DISCUSSION? WOULD YOU, SOMEONE, SOMEONE ELSE HAVE COMMENT? OKAY.

MS. UH, COUNCILMAN MARK? YES.

YES, YES, SIR.

MADAM MAYOR PROTE, UH, JUST, UH, A QUESTION, UH, AND IT, IT, IT PERTAINS TO, UH, I GUESS THE PURCHASING PROCEDURE, UH, AND, AND HOW IT'S BEING APPLIED IN, IN, IN, IN THIS, IN THIS INSTANCE.

AND THEN THERE'S ANOTHER ITEM ON HERE WHERE IT, IT, IT'S, IT'S, IT'S NOT APPLIED IN THE SAME MANNER.

SO I JUST WOULD LIKE SOME CLARIFICATION FROM, FROM STAFF AS TO WHY, WHY, WHY WE'RE, WHY WE ARE DOING WHAT WE'RE DOING HERE.

WHAT ITEM ARE YOU REFERRING TO THAT IS NOT BEING APPLIED TO? I'M, I MAY BE CONFUSED ABOUT YOUR QUESTION.

I WANT TO GET SOME CLARIFICATION.

OKAY.

UH, IN THIS PARTICULAR CASE, AND I KNOW WE'RE TALKING ABOUT PR 22, 9 59, THIS IS WHERE WE'RE GONNA GO OUT AND REBID, RIGHT? YES.

OKAY.

AND THEN THERE'S ANOTHER ITEM ON HERE, UH, WHERE THERE IS A, THERE WAS A REQUEST FOR PROPOSAL THAT CAME IN AND THERE WAS, BUT, AND I DON'T KNOW IF I SHOULD BE TALKING ABOUT THAT IN THE SAME THING.

I THINK WE CAN, WE'LL TALK ABOUT THAT.

WELL, LET ME, LET ME KIND OF CLARIFY.

A REQUEST FOR PROPOSALS IS NOT SYNONYMOUS TO WHAT IS IN 22,000 959 22.

9 59 IS AN INVITATION TO BID, WHICH IS A COMPETITIVE SEALED BID, WHICH IS DIFFERENT FROM A REQUEST FOR PROPOSALS.

UM, SO THERE ARE TWO, THERE ARE TWO DIFFERENT TYPES OF PROCUREMENT METHODS.

SO THIS IS REFERRING TO AN INVITATION TO BID, AND IT IS ASKING THAT IT BE REJECTED AND REBID.

SO COUNCIL MEMBER MOSES, I WANT TO KNOW WHY.

YEAH.

UM, I THINK THE CITY MANAGER SENT YOU ALL A MEMO LAST WEEK EXPLAINING WHY, AND ALSO THE COVER MEMO EXPLAINS WHY AS WELL.

SO I BELIEVE THAT BACKGROUND MEMBER, WELL, LET'S, I'M ASKING NOW.

I WANT IT TO BE, I WANT, RIGHT.

WHATEVER HE WROTE.

OKAY.

I WANT YOU TO TELL ME THE PROCUREMENT PROCESS WAS LEGAL DEPARTMENT.

SURE.

SO I WANT YOU TO TELL ME WHY THE MONEY IS NOT THERE.

THE CITY HAS NOT BEEN AWARDED THE MONEY.

THAT WAS THE FIRST THING.

SO THERE, THE MONEY TO DO SO TO AWARD THESE PROJECTS HAS NOT BEEN GIVEN, I THINK THE TOTAL IS ABOUT 40 MILLION.

AND WHEN IT WAS PRESENTED, THE FINANCE DEPARTMENT WAS UNABLE TO SIGN OFF CUZ THE AWARD IS NOT THERE.

SO A THE CITY DOESN'T HAVE THE FUNDING TO MOVE FORWARD AND AN ITEM CANNOT GO FORWARD WITHOUT FUNDING.

THIS IS ALL FEDERAL MONEY.

SO THE MONEY'S COMING FROM JLL, THE MONEY IS COMING FROM FEMA.

FEMA AND CDBG.

YES.

AND SO THEY HAVE NOT FUNDED THE PROJECT.

THAT IS MY UNDERSTANDING.

THE FINANCE DEPARTMENT CAN ELABORATE ON THAT, BUT THEY WERE UNABLE TO SIGN OFF ON IT BECAUSE THE FUNDS WEREN'T THERE.

AND THAT IS WHY THE CITY MANAGER WROTE THE LETTER.

AND ALSO THE COVER MEMO THAT WAS SCANNED WITH THE AGENDA ITEM STATES THAT THE FUNDING HAS NOT BEEN CONFIRMED YET.

SO THERE'S NOT THE MONEY THERE.

AND ALSO, SO THE PROCUREMENT PROCESS WAS NOT, UH, FOLLOWED IN CONFORMITY WITH THE FEDERAL GUIDELINES AND, UH, STAFF.

YEAH, IF YOU WANNA STATE THAT, BUT THE MANAGER CAN ALSO ELABORATE.

BUT THERE'S A ISSUE OF THERE'S NOT THE FUNDING.

THIS IS FEDERAL MONEY, IT'S NOT CITY MONEY.

AND NUMBER TWO, YOU HAVE TO COMPLY WITH TWO CFR 200.

AND, UH, THE PROCUREMENT REQUIREMENTS WERE NOT MET IN, UH, ADHERENCE TO THAT.

SO, UH, THAT IS WHY THE OFFER, THE ITEM IS TO REJECT IT AND TO REBID.

SO, AND TO FOLLOW THE PROCUREMENT REQUIREMENTS.

COULD WE JUST TABLE THIS AND COME BACK TO IT? AND AFTER WE'VE DONE A LITTLE BIT MORE RESEARCH TO GIVE US SOME MORE INFORMATION, UH, WE'VE DONE, UH, VERY DETAILED RESEARCH.

WE'VE HAD OTHER EXPERTS LOOK AT IT.

UM, WE HAVE SOME MEMOS THAT WE CAN SHARE WITH YOU, BUT WE ARE QUITE CLEAR THAT THE PROCUREMENT PROCESS SET FORTH BY THE FEDERAL GOVERNMENT WAS NOT STRICTLY ADHERED TO.

UH, COUNCILMAN KEN? I'M SORRY.

COUNCILMAN FRANK HAD HIS LIGHT ON IT.

YES.

UM, AND I GUESS THAT'S WHAT THE QUESTION THAT AROSE IN MY MIND IS WHY ARE WE EVEN, UM,

[00:30:01]

SO I DON'T UNDERSTAND WHY MR. WHY THE PROCESS IS EVEN GOING FORWARD.

EVEN NOW, MR. UH, APPROX ME.

MOSES, DO YOU HAVE ANOTHER? YES, I'M SO SORRY THAT NO PROBLEM.

BECAUSE I'M, SAME THING.

CAN I GET THAT QUESTION? YEAH, NO, YOU GO AHEAD AND THEN I WILL PICK YOU BACK.

BACK UP THAT.

SO THAT'S THE, THAT'S THE QUESTION I HAVE RIGHT NOW IS WHY ARE WE, WHY ARE WE HAVING A RESOLUTION TO REBID A PROJECT THAT WE DON'T HAVE THE MONEY PROCURED FOR? YES, YOU MIND.

NO, NO, PLEASE.

OKAY.

YEAH.

ME AND COUNCIL, AND IN MY MEMO DATED DECEMBER 23RD, I LAID OUT, UM, IN SEQUENCE THE, THE PROJECT AND, UM, MY INTENTION TO CALL A MEETING ON THE 28TH OF DECEMBER HOPING THAT WE WOULD HAVE SECURED THE FUNDING BECAUSE WE WERE GIVEN THE ASSURANCE AND WE ARE STILL GIVEN THE ASSURANCE THAT THE MONEY IS AVAILABLE AND FORTHCOMING.

WHAT I WANTED TO BE SURE OF IS THAT I DO HAVE A HARD COPY OF THAT COMMUNICATION IN HAND TO PRESENT TO COUNCIL FROM THE FEDERAL AGENCY THAT STATES VERY CLEARLY, ALTHOUGH I WAS GIVEN THE ASSURANCE VERBALLY THAT THE MONIES IS AVAILABLE, WHAT I DID WITH THE MEETING OF THE 27TH OR 28TH THAT WAS CARDED WAS TO CALL UP THAT MEETING.

AND I WAS ASSURED THAT THE, THE, THE FUNDING WAS GOING TO BE AVAILABLE THEN.

WHAT I HAVE DONE AT THIS POINT, GIVEN THE FACT THAT THE FUNDING HAS, IS, IS THAT HAS BEEN ASSURED TO US, COMES FROM DIFFERENT PORTS OF MONEY, C D B G D R AND FEMA.

IT REQUIRES DIFFERENT FEDERAL RULES AS BEING GUIDED BY THE CITY ATTORNEY AND HER.

UM, AND, AND THE EXPERTISE THAT WE HAVE SECURED IN ORDER TO PROVIDE US WITH THE GUIDANCE THAT IS NEEDED.

THE, WHEN THE, THE, THE PROJECT WAS FIRST BIDED OUT, IT WAS NOT BIDED OUT.

THE PROCUREMENT DOCUMENTS WERE NOT PREPARED WITH THE REQUIREMENTS FOR C D B G D R FUNDING.

AND SO WE WILL ADVISE THAT IN ORDER THAT WE AVOID SOME SORT OF CLAWBACK OR CALLBACK FROM, FROM FEMA IN THE FUTURE WHEN WE ARE BEING AUDITED, IT'S BETTER TO BE SAVED THAN SORRY TO INCLUDE DUES AS PART OF THE PROCUREMENT PROCESS WHEN MOVING FORWARD.

AND SO AFTER SITTING SEEKING THE LEGAL AND EXPERT ADVICE FROM THE CITY ATTORNEY, I HAVE CONCURRED WITH THE CITY ATTORNEY THAT WE GO BACK AND INCLUDE DUES IN THE FEDERAL, IN THE PROCUREMENT PROCESS, WHICH WE HAVE BEEN ADVISED TO SOME GREAT EXTENT SHOULD NOT AFFECT THE PRICING OF THE PROJECT SIGNIFICANTLY.

UM, I'VE BEEN, I'M, I'M DEPENDING VERY STRONGLY ON THE LEGAL ADVICE OF, OF THE CITY ATTORNEY AND THE CITY ATTORNEY'S OFFICE IN ORDER TO ENSURE THAT WE MOVE OUR STEADFASTLY AND WE DO NOT MISS A HEARTBEAT AS FAR AS THE PROJECT IS CONCERNED.

AND SO ALL WE ARE WAITING FOR THIS MORNING, AGAIN, I GOT ON THE, THE, THE PHONE WITH TO FIND OUT WHETHER THE LETTER THAT HAS BEEN PROMISED TO US FOR APPROVAL HAS BEEN SUBMITTED.

THERE IS A MEETING TO TAKE BASE THIS AFTERNOON BETWEEN ADURO AND THE GENERAL LAND OFFICE.

WE UNDERSTAND THAT IT'S IN THE SYSTEM, BUT I WANT TO MAKE SURE THAT AS THE CITY ATTORNEY INDICATED, THAT THAT MONEY HAS BEEN COMMUNICATED IN WRITING TO US.

AND WE DO HAVE A HARD DOCUMENT IN THE FORM OF LETTER TO PROVIDE THOSE.

MS UH, COUNCILMAN KEN LOCK.

DID YOU HAVE ANOTHER FORM? YEAH, JUST, UH, AND, AND I'M, I'M KIND OF SENSING WHAT MY COHORTS ARE ACTUALLY SAYING, CITY MANAGER, BUT YOU KNOW, AT THIS POINT, YOU KNOW, WE'RE, WE'RE TALKING ABOUT WAITING ON SOME, UH, DOCUMENTATION TO GET VALIDATION ON IF WE GET THE MONEY OR NOT.

BUT NOW WE AT A POINT THAT IF WE RESCIND THIS AND START THE PROCESS OVER, THOSE INDIVIDUALS THAT'S GONNA BE IN DISTRICT FOUR FOR THE DRAINAGE PROJECTS ARE GONNA BE ON HOLD.

SO THAT WHOLE PROCESS TOOK OVER IN A YEAR TO GET WHERE WE AT OVER IN A YEAR.

SO IF WE STOP AND RESTART AT THIS POINT, I MEAN, WE'RE, I THINK WE ARE DOING OUR, OUR CITIZEN, UH, UH, THIS JUSTICE, BUT, UH, UNDERSTANDING THAT THE BID PROCESS WAS CONTINUED TO GO ON WITHOUT HAVING THIS VALIDATION, AND WE

[00:35:01]

WE NEED TO FIX CITY MANAGER.

AND THAT, I DON'T THINK IT'S FAIR, FAIR TO THE PUBLIC.

I DON'T THINK IT'S FAIR TO ANYBODY THAT'S ACTUALLY INVOLVED IN THIS SITUATION RIGHT NOW.

COUNCIL MEMBER MOSES.

YEAH, AND I THINK, UM, I AGREE BECAUSE BASICALLY WHEN YOU TRY TO, WHEN WE GO BACK, WE, IT IS GONNA COST US MORE MONEY, A HECK OF A LOT MORE MONEY TO REBID THIS PROJECT.

AND WE'RE THIS CLOSE, THIS CLOSE, THERE'S GOTTA BE, IS THERE NO WAY LEGALLY THAT WE CAN FIX THIS WITHOUT HAVING TO GO BACK THROUGH THIS WHOLE ENTIRE PROCESS AGAIN, CITIZENS NEED THE SERVICE, AND THAT'S CONTINGENT UPON THIS COUNCIL MAKING A DECISION BASED UPON YOUR RECOMMENDATION AND TO PULL THE BID, REJECT ALL BIDS, AND GO BACK OUT AGAIN.

SEEMS, IT JUST, JUST SEEMS, IT JUST DOESN'T SEEM LIKE IT JUST SEEMS TOO LONG.

WELL, I MEAN, IT TOOK US A LONG TIME TO GET HERE, AND NOW WE, IT'S ALMOST LIKE STARTING OVER.

CAN WE LOOK, THAT'S WHY I ASK, CAN WE TABLE LOOK INTO OTHER WAYS AND MEMES IN WHICH WE CAN CORRECT THIS? THE ONLY WAY THAT YOU CAN MOVE FORWARD IS IF YOU MOVE FORWARD WITH CITY MONEY, THE FEDERAL GUIDELINES AS FAR AS PROCUREMENT WARRANT FOLLOWED.

SO IF THE CITY WOULD LIKE TO MOVE FORWARD WITH THE BID THAT YOU HAVE NOW, IT DIDN'T FOLLOW, WHAT WOULD THE REQUIREMENTS THAT THE FEDERAL GOVERNMENT SET FORTH IN THE ACTUAL PROCUREMENT DOCUMENT? SO, UH, YOU KNOW, YOU MAY BE AT RISK OF HAVING THE MONEY, UH, REQUESTED BACK FROM THE FEDERAL GOVERNMENT.

THE FEDERAL GOVERNMENT IS VERY CLEAR IN TWO CFR 200 OF WHAT THE PROCUREMENT REQUIREMENTS ARE.

SO BEFORE YOU EVEN GET TO A CONTRACT, IT HAS TO BE PROCURED IN THE MANNER SET FORTH AND THE ANALYSIS THAT WE PROVIDED, AS WELL AS WE HAD OTHER ATTORNEYS WHO SPECIALIZE IN THIS, TAKE IT VERY HARD IN DETAILED LOOK AT THIS, THOSE FEDERAL REQUIREMENTS WERE NOT STRICTLY ADHERED TO.

SO IF WE DO NOT PROCURE IT ACCORDING TO THEIR RULES, THEN WE WOULD HAVE TO MOVE FORWARD WITH CITY MONEY.

UH, COUNCILMAN JONES, LET ME ASK THE QUESTION.

UH, CITY ATTORNEY, UH, CITY MANAGER, CAN WE, UH, DID THIS BID STAND, THE LORD BID OR WHOEVER IT MAY BE, THEY THIS BID STANDING PENDING, UH, APPROVAL FROM THE FEMALE OR FEDERAL GOVERNMENT, IF IT TAKES 60 DAYS TO GET APPROVAL, APPROVAL FROM THE FEDERAL GOVERNMENT CAN IN THIS BID STAND CERTIFICATE APPROVAL, IS THAT POSSIBLE? CITY MANAGER, THE BID WE HAVE NOW, JUST LET US STAND AS IT AS IT IS PENDING AND APPROVAL IN, IN YOUR HAND, YOU KNOW, HARD COPY.

MAYBE IT TAKES SIX MORE DAYS.

THAT'S SOMETHING WE CAN LOOK AT.

COUNCIL, I THINK THAT'S A, THAT'S, UM, A LEGAL INTERPRETATION.

UM, IT IS A LEGAL INTERPRETATION.

AS THE CITY ATTORNEY STATED, IT WAS NOT PROCURED PROPERLY.

WHEN WE GOT THE, UM, WHEN WE GOT WOOD FROM, FROM THE GENERAL LAND OFFICE THAT 12 14 MILLION WAS AVAILABLE, THAT WAS NOT PART OF THE PROCUREMENT PACKAGE THAT WAS SENT OUT.

YOU KNOW? YES.

I'M 99.999% SURE THAT THE MONEY IS AVAILABLE.

YES, IT IS.

YES, IT IS.

THE MONEY IS AVAILABLE.

A AS I INDICATED, I JUST SPOKE WITH ADURO THIS MORNING AND THEY TOLD ME WE ARE JUST WAITING FOR THAT LETTER.

UM, THE CITY ATTORNEY AND HER LEGAL TEAM IS VERY ADAMANT ABOUT THE FACT THAT IT MUST BE INCLUDED AS PART OF THE PROCUREMENT PROCESS FOR THE SIMPLE REASON THAT IF WE WIN AND IF WE ARE BEING AUDITED 2, 3, 4 YEARS FROM NOW, WE WILL BE ASKED TO REPAY 40 MILLION FROM THE GENERAL FUND.

WE WILL BE ASKED TO REPAY 40 MILLION.

SO IT'S, IT'S A COUNCIL'S DECISION IF COUNCIL WANTS TO MOVE FORWARD, AND I'M MAKING IT VERY CLEAR.

IF COUNCIL WANTS TO MOVE FORWARD, I AM AT THE SERVICE OF THE COUNCIL.

BUT FREE FORWARD AND, AND THREE OR FOUR YEARS FROM NOW, IF COUNCIL IS BEING ASKED AND, AND, AND I'M CITY ATTORNEY, I'M TAKING IT FROM THE ADVICE THAT YOUR LEGAL EXPERTS GIVE TO ME AND TO US PRESENTLY, IF FREE FOUR YEARS FROM NOW, THE COUNCIL IS BEING ASKED TO MAKE A REPAYMENT OF 40 MILLION, I WANT TO MAKE IT VERY CLEAR THAT I ADVISED THE COUNCIL TO TABLE THIS COUNCILMAN FRANK.

YES.

UM, I WAS GOING TO SAY EXACTLY WHAT THE CITY MANAGER WAS SAYING, THAT REALLY THIS IS A SLAM DUNK THAT WHEN YOU COME TO A POINT OF UNDERSTANDING THAT, THAT SOMETHING HAS NOT BEEN DONE RIGHT.

YEAH.

AND YOU HAVE THE OPPORTUNITY.

AND I AM GRATEFUL, UH, FOR THE LEGAL

[00:40:01]

I'M GRATEFUL FOR THE CITY MANAGER, UH, TAKING THIS STANCE AT THIS PARTICULAR JUNCTURE BECAUSE I BELIEVE THAT TOO MANY SITUATIONS HAVE COME BACK ON US, UH, AND BID US, UH, IN AN AREA THAT WE DON'T LIKE.

UH, AND SO I I, I SEE NO OTHER, UH, RECOURSE AT THIS PARTICULAR JUNCTURE, UH, THAN TO, UM, TO, THAN TO, UH, ACCEPT THIS RESOLUTION, UH, TABLE IT AND WAIT FOR, UM, THE LETTER AND TO DO IT RIGHT OF THE PROCURING OF THE BID.

NOW, I DO AS WELL, UH, I, I DON'T PARTICULARLY CONCUR, UH, THAT, UM, THAT IT'S NOT GOING TO BE ANY, UM, MORE EXPENSIVE, UH, TO DO IT, UH, BECAUSE WE ALL KNOW, UH, WHAT'S HAPPENING WITH PRICES AND INFLATION AND BUILDING AND THE LIKE, BUT YOU NEVER GET, UM, IT'S NEVER A WRONG TIME TO DO, RIGHT.

IT'S NEVER A WRONG TIME TO DO.

RIGHT.

AND SO I THINK IT'S INCUMBENT UPON US THAT WE DO RIGHT IN THIS PARTICULAR AREA.

UH, CITY ATTORNEY, DID YOU HAVE ONE OTHER? UM, UNLESS YOU ALL HAD ANY OTHER QUESTIONS, BUT OTHERWISE, OKAY, SIR, THE FLOOR RECOGNIZES MR. HARRISON.

YES.

YES.

UH, THANK YOU.

MY NAME IS TOM HARRISON.

I'M PRESIDENT OF ALCO.

UH, I APPRECIATE AND HONOR THE COUNCIL LISTENING TO ME TODAY, AND I APPRECIATE ALL THE DISCUSSION THAT'S GOING ON, AND I CAN BRING SOME LIGHT TO SOME OF THESE ISSUES AND SOME ISSUES I CANNOT, BUT I WOULD LIKE TO JUST VOICE MY OPINION AND, AND AS, AND TRY TO WORK WITH THE CITY SO THAT I UNDERSTAND THE SITUATION THAT WE'RE FACING HERE.

THIS IS AN IMPORTANT PROJECT FOR THE CITY AND IMPORTANT PROJECT FROM OUR FIRM.

BASICALLY, UH, IN THE DOCUMENTATION I'VE READ, AND I'VE NOT HAD CONVERSATION WITH THE CITY'S LEGAL TEAM, AND THEY WOULD ADVISE ME ONE WAY OR THE OTHER, I'M SURE IF THEY COULD, I'M NOT THEIR CLIENT, BUT, UH, BASICALLY IN THE ADVERTISEMENT AREA, YOU KNOW, THIS PROJECT WAS ADVERTISED IN THE LOCAL PAPER.

UH, MR. WILLIAMS, YOUR PURCHASING MANAGER, ALSO SENT OUT ADVERTISEMENTS TO 30, 40 DIFFERENT CONTRACTORS, WHICH I'VE SEEN, AND ALSO MULTIPLE STATE AGENCIES WHERE THEY ADVERTISE THESE PROJECTS EVERY DAY.

ADVERTISEMENT WAS MENTIONED IN SOME OF THE CORRESPONDENCE AS ONE OF THE ISSUES.

MY FIRM ALSO ADVERTISES IN THE DBE STATE OF TEXAS DBE ENTERPRISE FIRM, WHERE WE SOLICIT DBE FIRMS FOR PARTICIPATION IN THESE BIDDING PROCESS WITH US.

THERE'S SEVERAL HUNDRED OF DBE FIRMS THAT WE CONTACT IN THE BIDDING PROCESS.

THERE'S A LOT OF ACTIVITY THAT GOES ALONG IN THE BIDDING PROCESS.

I KNOW I'M LIMITED TO FIVE MINUTES, I'LL GET TO THE POINT IN A MINUTE.

SO I THINK FROM THE ADVERTISEMENT STANDPOINT, THAT IT HAS REACHED THE PROPER PEOPLE THAT NEEDS TO REACH IT REACHED MY FIRM, AND I'M A LOCAL CONTRACTOR.

UH, MY FIRM IS A MINORITY WOMAN OWNED BUSINESS.

SO BASICALLY WE HAVE, WE'RE PART OF THE, UH, SECTION 200 THAT THEY'RE REFERRING TO, THAT YOU MAKE THIS AVAILABLE TO THE MINORITY ENTERPRISE PEOPLE, BE IT WOMAN OWNED, BE IT MINORITY, BE A SMALL BUSINESS.

SO THAT'S PART OF THE CFR 200 THAT THEY'RE REFERRING TO.

NOW, WE'VE, IN MY REVIEW OF THE SPECIFICATIONS, UH, I FIND THAT THE SPECIFICATIONS ARE PRETTY CLEAR THAT THE, ITS ADDRESSED MOST, IF NOT ALL, THE ACTIVITIES OF THE CFR 200 CFR TWO, UH, PART 200.321 ADDRESSES THE NECESSITY OF AN AFFIRMATIVE STEPS TO ASSURE THAT MINORITY BUSINESSES, ALUMINUM BUSINESSES, WERE CONTACTED FOR THE, UH, BIDDING OF THIS PROCESS.

THAT WAS DONE, THAT'S BEEN DONE BY THE EVIDENCE OF OUR FIRM BIDDING IT AS BEING A MINORITY WOMAN OWNED BUSINESS.

ALSO, IT ADDRESSED OTHER MINORITY BUSINESSES IN THIS AREA, WHICH WE RECEIVED PRICING FROM.

AND I RECEIVED PRICING FROM LOCAL MINORITY BUSINESSES ALSO ON THIS PROJECT.

SO THAT PART OF THE CFR 200 HAS BEEN MET IN THE ASPECT OF THE CFR 200.

IN THE APPENDIX, APPENDIX NUMBER TWO, WHICH ADDRESSES CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS.

THIS APPENDIC TWO COVERS ITEMS LIKE EQUAL OPPORTUNITY BACON DAVIS CLEAN AIR DISBARMENT, UH, BIRD

[00:45:01]

NOW, THESE ARE ALL COVERED IN THE CURRENT SPECIFICATIONS THAT WE BID FROM, THAT WERE PUBLISHED IN THE VERY BEGINNING ON THESE PROJECTS.

ALSO, UNDER THIS WHOLE, THESE, THESE SECTIONS, WE ALSO ADDRESS HUD SECTION THREE, WHERE BASICALLY IT FOSTERS LOCAL ECONOMIC DEVELOPMENT, NEIGHBORHOOD ECONOMIC IMPROVEMENT, AND SELF-SUFFICIENCY OF THE COMMUNITY, THE PROVISIONS OF TRAINING AND EMPLOYMENT AND BUSINESS OPPORTUNITIES.

THESE ARE ALL THINGS THAT WE MEET ONCE WE MOVE FORWARD WITH THE PROJECT.

THESE ARE THINGS THAT WE, WE ADHERE TO.

WE, UH, ABIDE BY AS A CONTRACTOR.

WE'VE WORKED UNDER SECTION THREE HUD ON MANY, SEVERAL PROJECTS.

OUR FIRM HAS PERFORMED OVER 900 PROJECTS IN OUR 38 YEARS OF HISTORY.

AND WE'VE WORKED ON MANY, MANY FEDERAL PROJECTS ALL THE WAY THROUGH THE ASPECT OF OUR, AND IN THE CORRESPONDENCE ALSO, THERE WAS A MENTION OF THE BID HAD EXPIRED.

WELL, IT WAS A 60 DAY BID TERM FOR THE BID.

WE GAVE AN EXTENSION TO THAT TO THE END OF DECEMBER.

WE CAN GIVE ANOTHER EXTENSION.

BASICALLY, OUR BID WE CAN EXTEND BECAUSE WE HAVE SECURED PRICING FROM OUR VENDORS.

YOU KNOW, AS OF JANUARY ONE, THESE PRICINGS ARE NO LONGER GOING TO EXIST.

WE'VE COMPELLED OUR VENDORS TO HOLD THEIR PRICING BASED UPON THEIR OCTOBER QUOTATIONS.

BUT ALL THESE NUMBERS ARE GOING TO GO UP.

IF THE CITY RE REVISITS THIS PROJECT, IT'LL COST THE CITY MILLIONS OF DOLLARS IN ADDITIONAL COSTS, I BELIEVE.

MR. HARRISON, YOU HAVE ABOUT A MINUTE LEFT.

A SIR A MINUTE LEFT.

OKAY.

UH, FUNDING GAP.

WE'LL POSTPONE THE TIMEFRAME FOR THE, UH, FOR OUR BID, WILL EXTEND IT TO THE CITY MANAGER, RECEIVES HIS LETTERS AFFIRMING FROM FEMA, G L O, THE DIFFERENT AGENCIES THAT WE WILL DO WE'LL, WE'LL ABIDE BY THAT PROJECT OVER BUDGET.

THIS IS A PROJECT THAT WAS BASED IN 2018, THAT WAS BUDGET WAS BASED IN, IT IS NOW 2023.

THE BUDGET IS NOT WHAT IT IS.

WE ALL KNOW THE COSTS HAVE GONE EXTREMELY HIGH.

LIKE I SAID, WE HAVE SECURED OUR PRICING.

WE WILL HOLD OUR PRICING.

THE FINAL, ONE OF THE FINAL TOPICS IS THE ASPECT OF DISCLOSURE OF OUR PRICING IN THE CITY'S PUBLICATIONS.

THEY'VE DISCOVERED.

THEY'VE JUST PUBLISHED NOW FOR PUBLIC VIEW, OUR COMPLETE PRICING, WHICH I THINK IS, IS A UNFAIR TRADE GIVE ISSUE.

UH, MISS MAYOR, MAYOR PER TIM, I KNOW IT'S TIME.

IS ONE MORE TIME? YEAH, WE'RE GOING TO GIVE YOU MORE TIME.

MORE TIME.

GO AHEAD, EXTEND YOUR TIME IF THAT'S OKAY.

MAYOR PRO TIM? YES, I'D LIKE TO GIVE HIM, DO YOU THINK HE COULD WRAP UP IN ABOUT THREE MINUTES? YES, SIR.

UH, MAYOR PRO TIM, I, UH, PUT ON FOUR THAT WE GIVE MR. HARRISON AN ADDITIONAL THREE MINUTES, PLEASE.

A SECOND.

CERTAINLY, UH, FROM THE DISCLOSURE OF OUR PRICING, UH, NOW WE ARE PUBLIC WITH ALL THESE NUMBERS.

OUR BIDS ARE PUBLIC.

YOU KNOW, IT'S FOR ANYBODY TO TAKE A SECOND BITE AT THE APPLE.

THAT'S WHAT WE HAVE HERE.

AS A WRAP UP OF OUR ISSUE.

I BELIEVE THAT THE ADVERTISEMENT ASPECT HAS BEEN MET UNDER THE BID CERTIFICATIONS.

THOU, HUNDREDS OF PEOPLE HAVE SEEN THESE DOCUMENTS.

YOU KNOW, WE'VE GOT, YOU WENT OUT FROM COMPETITIVE BID.

YOU RECEIVED THOSE DOCUMENTATIONS, THE ASPECTS OF COMPLIANCE WITH TWO CFR PART 200 AND THE APPENDIX TWO AND HUT THREE.

IN MY VIEW, I, IN MY READING, AND I'M NOT AN ATTORNEY, I FIND THAT THE SPECIFICATIONS ARE IN COMPLIANCE UNTIL SOMEBODY NOTIFIES ME DIFFERENTLY IS SO THE ASPECT OF BID EXPIRATION, AS I SAID, WE WILL EXTEND OUR BID AND HOLD OUR PRICING ON THIS.

IF WE CAN SIT AND TALK WITH SOME TYPE OF, OF, OF, UH, RESOLUTION, THE FUNDING GAP, AS I MENTIONED, WE WILL, EVEN IF YOU GO FORWARD IN ELIMINATE THIS AMENDMENT OR THIS AGENDA ITEM, MOVE FORWARD WITH ALL CO IN AWARDING A CONTRACT, WE WILL ISSUE A, WE'LL ACCEPT A CONTINGENCY THAT YOU RECEIVE YOUR FUNDING LETTERS FROM THE FEDERAL AGENCIES, AND THAT WAY I CAN LOCK IN ALL THE CONTINGENT, UH, PRICING THAT IS OUT THERE.

WE HAVE THEM HELD AT BAY AT THE PRESENT, BUT IF IT BIDS, WE WILL NOT BE ALLOWED TO DO THAT.

UH, AT THE CONCLUSION, BASICALLY, I WOULD LIKE THE COUNCIL TO VOTE NO ON THIS AGENDA ITEM, BUT AT BEST, I WOULD REQUEST A COUNCIL TABLE THIS AGENDA ITEM UNTIL THEY CAN TALK WITH ME, TALK WITH OUR FIRM, SHOW US HOW THE ISSUES ARE INAPPROPRIATE, OR WHERE WE'VE MISSED OUR REVIEW OF THE DOCUMENTATION OF THIS BID.

I

[00:50:01]

THANK YOU.

MAYOR PROM.

MAY I RESPOND PLEASE? YES.

SO I WANNA KIND OF CLEAR SOMETHING UP.

UM, AND I THANK YOU FOR COMING.

YEAH, THERE IS NO ERROR ON THE PART OF THE VENDOR.

THE PROBLEM IS ON THE PART OF THE CITY, THE INVITATION TO BID, THE DOCUMENT THAT HE RESPONDED TO IS THE DOCUMENT THAT HAS THE PROBLEM.

SO, HEY, I APPRECIATE WHAT, WHAT HE'S SAYING.

THERE'S NOTHING THAT THE VENDOR DID WRONG.

THIS IS NOT THE VENDOR'S ISSUE.

IT'S OUR ISSUE TO MAKE THE COUNCIL JUST BE A LITTLE BIT CLEAR.

AND I, I KNOW THAT WE'VE WORKED WITH YOU BEFORE AND OTHERS IN THIS CAPACITY.

YES, IT'S IMPORTANT TO UNDERSTAND THE DIFFERENCE IN WHAT IS REQUIRED UNDER STATE LAW AND WHAT IS REQUIRED UNDER FEDERAL LAW.

YES.

TWO TOTALLY DIFFERENT ANIMALS.

AND AS THE YEARS GO BY AND, AND WE DEAL WITH FEMA, WE'VE DELVED AND DELVED IN FEMA.

I THINK I'VE WRITTEN ABOUT FIVE MEMOS THIS IN 2022, ABOUT FOLLOWING THE FEMA PROCUREMENT GUIDELINES.

I EVEN FACILITATED A SEMINAR SO STAFF COULD, COULD, COULD SEE THESE FEMA RULES.

THESE FEDERAL GUIDELINES ARE VERY TECHNICAL AND VERY SPECIFIC, AND THE, THE NAKED EYE, YOU KNOW, SOMEONE WE'RE LOOKING AT, IT WOULD BE VERY HARD TO UNDERSTAND.

ALL THAT IS REQUIRED.

I THINK IN THE COURSE THAT WE HAD, WE TALKED ABOUT THERE ABOUT 93 ADDITIONAL REQUIREMENTS THAT HAVE BEEN PLACED WITH FEMA IN RECENT YEARS.

SO IT'S IMPORTANT THAT ON OUR END, WE BE VERY WELL VERSED WHEN WE COME TO THE FEDERAL PROJECTS.

WHAT WE'VE DONE IS THE INVITATION TO BID WAS NOT REVIEWED TO WITH US PRIOR TO IT GOING OUT.