Recommendation Concerning Authorization to Pay Purchase Order #141216 Issued to Complete General Contractors, Inc. and Change Order
That the Board take the following action:
A. Approve and authorize payment of Purchase Order #141216 issued to Complete General Contractors, Inc., in the sum of $49,999.00, plus an additional sum of $15,501.00 as a change order for a total sum of $65,500.00, payable to Complete General Contractors, Inc., together with cost of mediation in the sum of $2,221.20, payable to Clark, Partington, Hart, Larry, Bond & Stackhouse.
B. Authorize the County Attorney’s Office to draft and obtain from Complete General Contractors, Inc., and John Minor, individually, a general release and hold harmless agreement in exchange for payment of the purchase and change order.
Funding Source: Internal Service Fund (Fund 501); Balance Sheet Account: 239898. |
Immediately after the flood events of April 29-30, 2014, former Interim County Administrator Larry Newsom met with Project Manager, John Asmar, Program Manager, Matt Mooneyham, as well as John Minor, President of Complete General Contractors, Inc. (Complete GC) at the Emergency Operations Center on W Street. The purpose of the meeting was to determine implementation of measures to address the widespread damage caused by the flooding of April 29th and April 30th. Mr. Minor had experience with disaster relief with Hurricane Sandy in New Jersey and New York and reported that his services were reimbursed by FEMA for that storm. Attached to the P.O. was a pro forma prepared by Mr. Minor titled Project Outreach. A copy of the P.O. and scope is attached. Mr. Minor and his corporation, Complete GC, were to set up and provide staffing for public outreach services at various locations throughout the county to facilitate citizens obtaining grants through FEMA. Other phases of the proposed services to be provided by Complete GC are described in the scope of services, which included demolition, inspections, mitigation and other disaster relief.
On May 5th, Complete GC was given the go ahead by Mr. Newsom to implement “Project Outreach” and set up temporary service centers to provide tarps, water and internet connections with FEMA so that citizens may begin filing individual worksheets for damage to their property from flooding. No hourly rate was discussed as the expectation was that the County would be reimbursed by FEMA for Complete GC’s services as reportedly occurred with Hurricane Sandy. Complete GC mobilized certain employees to begin the process of scouting for sites, obtaining tents, tables and chairs and staffing the centers from 7:00 a.m. to 7:00 p.m. during the week and from 10:00 a.m. to 7:00 p.m. on May 10th and May 11th, which were a Saturday and Sunday. Due to miscommunication between Complete GC and volunteers at the Wedgewood Community Center, Complete GC’s services were terminated by Mr. Newsom. On the evening of May 9, 2014, Mr. Newsom directed Project Manager Asmar to inform Mr. Minor and Complete GC to stand down and cease all further providing of services pursuant to the P.O.
The P.O. provided for an initial sum of $49,999.00. Complete GC submitted an initial invoice of approximately $95,000.00, which was rejected by Mr. Newsom. A new invoice totaling $81,000.00 was submitted by Complete GC after consultation with Project Manager Asmar. Complete GC has sought payment of $81,000.00 for several months and believed that it would be entitled to more than $81,000.00 based on the scope of services attached to the P.O. However, the P.O. is an authorization to perform work for less than $50,000.00 without Board approval and requires authorization either from the County Administrator under a declaration of local emergency or by the Board for services which would exceed $49,999.00.
Initially, Complete GC performed its services under the authorization given to Interim County Administrator Newsom pursuant to powers given him under Florida Statute Chapter 252, which allows a county to dispense with the formalities of government contracting and procurement policies when a declaration of local emergency has been adopted by the county. Complete GC performed under that authority between May 5th and May 9th. The P.O. was signed by Mr. Newsom on May 12, 2014, after Mr. Newsom directed Mr. Asmar to notify Complete GC to cease providing any further services as of May 9, 2014.
In an attempt to resolve the claim of Complete GC without the need for litigation, pre-suit mediation was undertaken by this office in consultation with County Administrator Jack Brown and Assistant County Administrator Newsom. This office, together with Mr. Brown, is recommending that the mediation agreement, a copy of which is attached to this recommendation, be approved and that Complete GC be paid the sum of $65,500.00 in exchange for Complete General Contractors, Inc., and John Minor, individually, executing a release and hold harmless agreement precluding any further claims against the County relating to the P.O. or any proposed scope of services attached to the P.O. In addition, this office and Mr. Brown recommend that the costs of mediation be borne by the County in the sum of $2,221.20.
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