20:43Good evening, I'm province council woman.
20:45And Brian, welcome to the regular committee on finance on today's Tuesday, September 30, 2025.
20:54Um it is passed, but so it is would you finally read the role?
20:59Chairwoman Ryan present.
21:08Councillor Santa Present.
21:09Yeah, four present and one absent and four.
21:12Well, Ken, let us recognize that uh we are joined by Kenny uh solicitor Ken Chevere.
21:19Thank you very much.
21:20Um before we start this meeting, I would also like to formally extend a happy birthday recognition to Mike DePollanton who happens to be seated back in the room.
21:34What do you want to like?
21:35Congratulations, you can read it.
21:40You're very welcome.
21:41I hope you have a lovely record with it.
21:45Um could you finally read item one into the record?
21:50Resolution authorizing approval of the modeling and congress contract where I have what a five diamonds apply and according to section 2010, we try to say it speaks, so you've got the limit organized Delta allowed to have power and like 50,000 dollars department helped us.
22:07Okay, let us also recognize that uh Chairman Boggus is also with us.
22:14Um we have to present.
22:19Good evening, people have a pencil priority, but at least you want to draw what to believe this truth that was enough about the food.
22:38Okay, thank you, Madam Sarah.
22:40Could you please um talk about this item?
22:43Sure, tell us what it's all about.
22:45Um, this is the contract award um approved by the BOCS for Delta Electrical Power, and that is the company that bid um on the um RSPH service to the fountains that are currently um served at the department of public works, so it's the Discwell Fountain, the Longo Fountain, and the fountain at Holy Ghost.
23:14Um I just want clarification.
23:19Um this did not go up to date.
23:20This isn't um this is a letter for the mediation.
23:23We've left it in public.
23:24Oh, there's not date.
23:27Um we do plan to go out to the floor in December.
23:34Uh to give us more time.
23:36This is the only company that's been willing to service the fountain.
23:39It's maybe this boss.
23:41So it's a sole source provider.
23:44It's it's not we want to go out to RFP to see if we if anyone else is interested, but it's it's it's a difficult uh field, I guess.
23:59Yes, Councilman and well, thank you.
24:01Thank you for being here, Director.
24:03Um, two quick questions.
24:04One is um, if we're gonna go out to RFP in December, why why not just include these in that RFP?
24:10Was it like a time-sensitive situation?
24:12Oh, because it's it needs we always need work and servicing um uh and this time of year right after sometime right after Columbus Day, the space that uh long stay uh that's winterized has to be shut down in a certain way.
24:27I'm talking about the DSP.
24:31Um so we need we need the services before that.
24:38And then um, do you ever partner with the parks department?
24:40Because I know some of their staff just went through a fountain training.
24:43They fit they fixed the fountain and the good park themselves, they wouldn't need some sort of health fountain.
24:49Um that they kind of weird history.
24:52Yeah, apparently three dates me on how DPW uh ended up servicing the fountain.
24:57Yeah, our sewer department.
25:00Um I don't know if they concur with parks, but it but it's it has been DPW that has been maintaining it.
25:07And now thankfully we have a company that's willing to do that through DPW and but it parts doesn't serve as well.
25:17I know it's like new knowledge that they have, because the Olympic part of one is also broken for like years, and they couldn't find anyone who's willing to service say which is when they're just saying that some lease, and then they had to teach themselves how to like serviceable foundants.
25:30So there's some knowledge somewhere in the city on some of that, just because that uh any other questions?
25:42Still trying to get my voice back.
25:46I um this uh how is this been the selected and are we going?
25:54We're going over is what we're doing by this, right?
25:57I'm sorry, how I know I'm making no I'm sorry, it's my voice.
26:04So are we going over?
26:07Is that the thing for for this vendor?
26:09For seven, seven months and eight months.
26:14I'm not on actually.
26:18Okay, so that's just the wrong section of the head, yeah.
26:28They control the view director for being here.
26:30So just to confirm uh this company is the first one, uh at least in our firm that the city has hired to do the type of work.
26:40We're basically the only ones that have resting with us to doing it.
26:44We put a lot of dealers out.
26:46We tried to get people to take this over because our sewer can operate but the world is not really fountain right.
26:53Um, and so this is this company's actually very good to work for the very liable.
26:58Um another company who uh that does this kind of work is the uh not local, this is a local company, so it's and that's important because if it if the thing breaks, and again, mainly talking about as well.
27:11If it breaks, uh we usually can't wait only for somebody to come out and take a look at it.
27:17So they've been very responsible.
27:18So I guess the only question is um like what what's the public communication been like um where we had that information of not knowing really any other companies if from my understanding we have a put at RFPL.
27:40Um you've done it that the person like it's a lot in the public.
27:49I guess we need to sit your name instead of what the rest of us are.
27:53So I think my understanding, and that are correct me if I'm wrong, that we have gone active for the service, and we haven't gotten any responses.
28:00Um the current person that we're trying to use is a fixed provider.
28:06So it's not for black trying for getting someone, it's just such an old found that a lot of people don't have that sales that to make proposal pairs.
28:15So then it qualifies as a sole source.
28:20I mean, yeah, I think we want to um be one thing I have heard is that there could be interest in a smaller company only wanting to service one of the fountains, not the big one.
28:34And so I think the RMP will hopefully give us an opportunity to look at that as an option.
28:40Um, if we you know if you put it all out there that maybe we make it the kind of thing where where companies could bid on the heart of it, then maybe that will bring in another company.
28:50Um and so that's the intention right now.
28:53So what I've understood about this project is it's time sensitive.
28:56They're concerns about the cool weather hitting quickly and the poison break that is an old sensitive fountain because you know it's up on Federal Hill deepest for us.
29:07Yeah, so that's the sensitivity and that's the urgency behind all of this.
29:12Yes, so is it just for council and bridge?
29:19So is it just for this one that we'll refer to?
29:22Because if there's three.
29:25I believe there's two, not three.
29:27Okay, um, there's three, but that's this one is the main one.
29:32Um is the biggest one, it's the oldest one.
29:36It's got the lights, it's right there smacked out in the center.
29:39It's it's a focal point for a lot of the celebration cycle on there.
29:44And um they didn't respond either.
29:50So, how do you know that you said that they didn't respond either with um when you put the bids out?
30:00Um I thought earlier that you just said um you put out bidding in.
30:03No, we didn't have it.
30:06So how do we know they're gonna they want to do it?
30:09We can't know who's fast.
30:11They I will say the head of our sewer division has a very good relationship with them, and Delta has been very responsive.
30:17So I don't, I mean, I don't know the agencies of of what their interest is in the three fountains.
30:23Perhaps they're only interested in doing one of the you know, the big fountain.
30:27Um, but I do know that they you know they I believe some of this money is will work.
30:32It's maybe more than happening.
30:35So do you know what I mean?
30:36So, like they're very responsive when when we get in a game with that now, people who have the expertise, they're they're very good about it.
30:42Whether they want to do it long term, I think maybe they just want to see what it was.
30:48So is this one of these?
30:56Is this one of the um the odds that are dying?
31:01Is this is this something that we should be looking into or how we're gonna go on from here if we're not getting responses and these things are so old.
31:12Is this where we are?
31:15I unfortunately I'm starting to think so.
31:17Um, I know that a lot of what our superintendent of the sewer division has done with this fountain has been almost self-taught.
31:26Um, but that's you know, it's not sustained, and it's not it's not really these job.
31:31Um, and so I think you know, God forbid we get no interest, no local companies, no ability to have anyone do this work.
31:39We'll have to pivot, figure out okay, is there training?
31:43Are there additionally staff I can bring in?
31:46Um, maybe I'll be back here asking for staff to fill this role and have to get them the training that you referenced, uh not sure.
31:56So I can offer some perspective.
31:58I remember uh looking at the expenses for rebuilding this fountain um many years ago, a few years ago, and we put aside like 250, almost 300.
32:15Gina's recollection is 450.
32:18Um, but we thought we were gonna have to rebuild that whole thing, and we put money aside.
32:24It was in was it CIC?
32:27CIP back then and the parks department to Councilman Boss uh point uh roads to the occasion with helping the sewer department, and they worked their magic, but it was really um you know they worked very very diligently to get it functioning, and it was uh subject to the cold weather, the sensitivity of the weather is always important, and it needs work right now.
32:56So I do think we need to look at a long-term uh plan for this.
33:02Uh but you know, it's on the hill.
33:04Uh we have been asked uh basically for special health paper.
33:09Is that what I'm hearing?
33:11Um these folks have the capacity to just to manage this um refere project.
33:17Um and I think we need as a finance team, need to look um at a better long-term solution, but it's going to be very, very expensive.
33:28So if $50,000 gets this project functioning and working and winter ice through the season, um, in time is of the essence.
33:41It's my recommendation that we move it forward.
33:46Does anybody have any counseling about this?
33:50Thank you, I'm sure.
33:52So these $50,000 is only to winterize these uh quantum, the three of those, or yes, one.
33:59No, I I think it's more than that.
34:01I think it's it's it's for some work that I believe they've already done in the city.
34:06Um it is for winterizing and it's and it's so that they will continue to be venture to get us to the point where hopefully when the RP is released and we get hopefully bids on it, they'll carry us to act.
34:23In the RP, can you please include the rest of the fountains that we have now that you get an extra responsibility on the department?
34:31Yes, but I as I said, I think that um there may be a way to craft the RP so that if someone wanted to bid just on servicing one or the two smaller ones rather than the big one, or just the big one that they could do that.
34:46We want to try to cast as wide a net as we can.
34:53I just want to reiterate, I don't think anybody's happy about the position that we're in, but we want the fountain uh repaired to the best of our ability, and I want it venturized.
35:04Uh so I mean I think we could we need to kind of move forward here, but I think we're sending a message from what I believe from my uh finance committee as well as uh Chairman's August.
35:17Uh we'd like a long-term plan so that we can be spending our money in an appropriate fashion, more appropriate fashion.
35:26But we all know the value of these patterns.
35:29Um one particular are is extremely important.
35:33Uh uh, and we need to get it taken up there.
35:36With that, we might have motion.
35:39Motion to approve it number one.
35:41Um motion made by council, second by councilwoman ended law.
35:46All in favor aye, any opposed, eyes have it, motion carries, the battery passes.
35:52Thank you very much.
35:59Would you kindly read item two is blue recording?
36:01Resolution authorizing approval of the following contract or if I order contract and supply employees with such a thing, 26 feet to you of a code ordinance.
36:12Able industrial seat is the boy, how they have it in the hasn't read your sets.
36:20Okay, so we have same people.
36:23Okay, please tell us what you have uh this city had a contract with able investors sweeping to our free sweeping, and that contract was up in the la.
36:37Uh this is the part where I fall on my sword, uh, unbeknownst to me.
36:47He kept sweeping, and we left him.
36:50Uh, and so when I became aware of that, I put a stop to it because I knew we didn't have actual in-place contract for it.
36:59I was uncomfortable with an attorney with that liability that that represent.
37:03That said, he swept and needs to be paid for the sweeping that we did, and so that's what this is on.
37:11Is there a contract in place?
37:12I'm sorry, there is now, yes.
37:15So there's a contract in place now, yes, on a eight.
37:20Um committee members, anybody had questions?
37:23That's a federate that meeting.
37:27Yes, you put a question.
37:31Councilman Sanchez was.
37:32Thank you, Chairman.
37:33Thank you, director again.
37:35Um, what has changed um in order to process so something like this or any other contract that's expired?
37:44Is there um continuing to work?
37:48And so after this happened, uh, I did a review to make sure that I understood who the contract managers of New Will among my staff are that and we don't we don't really have a lot of this kind of thing.
38:02Um, so I feel like I have a better handle on it.
38:06Um, but just to just met with my management team and let them understand that you know, as the contract managers, they are responsible for knowing the fact that it's up and that when a contract is up, the services need to stop unless that contract explicitly says otherwise, which is contract.
38:24Some contracts say, you know, while we're waiting for a new contract, we'll just go by the old we'll work to that effect.
38:33Contract didn't say that, it was just sort of a practice on behalf of the department.
38:38I suspect we marked the only department that kind of operates that way.
38:42Um that it was just like, well, we'll just keep going until we get to the contract.
38:48Um, I don't recommend that we do that.
38:50So as soon as I found out, I said, Oh, well, stop.
38:53You have to tell them to sell.
38:55Um, but I have, but I have done review to make sure that that I don't have to sit here in another contract situation follow my sort again.
39:03Do you have a vendor management system kind of following off on do I do you have a vendor management system?
39:11Um I'm not per se, not you know, not something like uh that's a part of our asset management system.
39:25Okay, I think that would be a good thing to have.
39:28I mean, we're talking about a lot of it's it is hard to believe that you know that the contract expired and it went unnoticed to look for follow-up.
39:45Um so just to confirm the the contract that's in place now is with the same vendor.
39:52And when was that data to start or started?
39:56Don't have that in front of me, but it was it was uh I think it was awarded in August.
40:02No, it was awarded in probably the end of August.
40:05I gave you the date in the what was that?
40:09I think it was the end of August.
40:11So I just want to confirm that make sure that you know agreed approved this it's gonna it looks like the last date of work was August 7.
40:19I don't want the new class right to go back to August 1st.
40:23So it doesn't it doesn't, and I know this because I asked that question about you know after we got after we got past the point of um awarding the contract to him to their company.
40:40Um, when did those payments start?
40:42And they they didn't start before seven.
40:46That's why I'm thinking it was probably around 10 of August, maybe in September.
40:51I'd have to get the date that is wrong, but um, I understand what you're asking, and can I check any place and the distribution to the date new contract?
41:04And I'd like to see the new contract, yes, yeah.
41:09Um did this go out to bid yes, so and nevertheless, no so the other bidder uh was deemed to not be as qualified as this event and well they well they were uh doing it where were we charging the same amount that it goes up?
41:38Uh that ain't anything change with the price with his price from the old contract.
41:43I don't want to answer without them both being in front of me because I don't want to be incorrect, but I'm in finite.
41:51I just we'd like to understand what not as qualified as once you're qualified, you're qualified.
41:58The ordinance states the most qualified bidder.
42:02You don't need to choose between the vendor and anyone once you're qualified, you're qualified.
42:07Once you reach that threshold of being qualified, don't qualify.
42:10You don't get to select someone just you qualify qualified.
42:15That only I think along one other question, please.
42:20Did this um vendor charging the same rate as they did the contract?
42:25I would like to sell that.
42:27I'm sorry without signing the two documents from here.
42:34Will this be charged to the contract that they have been awarded?
42:38This right, no, because it pre-awarded.
42:44It's in the normal man's manager.
42:47Okay, but I've had it with the contract by the understanding that qualified is qualified.
42:55You don't get a better qualified your qualified with the lowest qualified bidder quote unquote.
43:02There was a big protest, um, which was addressed by the solicitor's office.
43:08Um so that was handled and and our legal exposure is what we played as vendor, at least thank you.
43:20Committee members, past members, chairman bottle.
43:23Thank you very much.
43:24Um you know the price that was given to the CD is the same price that he's charging, like in this case, he's charging the 175 dollars per hour, right?
43:38Yes, is the same is the same price that he's gonna be charging the net's contract.
43:44I don't know the answer to that without the documents both in front of the game.
43:47So I will find out I will let you know what if his price changed.
43:51We all do respect director.
43:53If you come to the binums meeting, you should be prepared.
43:57You should come here say we'll answer any questions.
44:00So that means now I'm thinking twice.
44:03I'm thinking that you don't pay about this contract, but you're going along with his prize because was the lower bidding supposed to be qualified, and anyway, you went and use your power to choose the same vendor from last year.
44:21If I if I may, Nelson, this is a bill related to services this vendor provided prior to the awarding the contract.
44:29The the the wording the awarding of the contract to this vendor is not what is before the committee tonight.
44:36In fact, there was a motion at the VOCS to require the awarding of the contract to go before the council, and that was voted down at the VOCS.
44:46So this is just for services that this company actually has already rendered and performed that for which he needs to be taught to submit.
44:56So the awarding of that contract.
45:00You should just make the and that's why I didn't bring the contract with me for the prior contract.
45:12You are one of the all month, and he is in the under under pressure of the finance if they approve these 64,000 or not because you let her go and do work without contract.
45:26So he's now in the limo praying that finance will approve 64,000 for him to get paid.
45:32But at the same time, he's getting a war.
45:3564,000 plus a new contract for an edge fiscal year.
45:41And that's something that doesn't make sense or doesn't balance why to the lowest bidder when he's not the lowest bidder.
45:55That's the question.
45:56But again, that is not must be respectfully before the committee.
46:00This is for services rendered, which I've been very candid.
46:03I was unaware that he was being allowed to continue sweeping at night after the expiration of the contract in July.
46:11The minute I found out, I tried to stop it, but I couldn't I couldn't change the fact that he that he swept a number of wars during that time period and should be compensated for that.
46:24Okay, so thank you for everyone's question.
46:27Uh this one on disturbs me a bit.
46:32Um I'm not happy that the vendor was not managed on and this happened in the first place.
46:39Meaning the reality is work was fulfilled, and the city has a duty and an obligation to make payment.
46:46So that being said, um, there was a hiccup here that concerns us, and I think that's been presented.
46:53Um we've asked about a new contract.
46:56The new contract has no reference to this period in time that was a snafu, if you will.
47:05So I want to call on the contract, a new contract before this commit.
47:11I want to see it, I want to understand what it is.
47:14Um in I think we have a duty and obligation to pay this vendor, unfortunately, but I'm I'm not pleased about this little hiccup.
47:23Um just what are your thoughts?
47:26No, I agree with that.
47:27And you don't want to council and great if when we see the contract, if we could hear us like uh what the as you brought up, chairman, the vendor management system could be like going forward, just make sure we're not seeing this with any other contacts.
47:41I don't think this is not with you, but I think in general, this isn't the first time we've seen this happen um in this committee.
47:46Um, not necessarily GPW, but seven departments, and so I think we our constituents deserve better from how the city is managed to operate, and uh we just want to imagine clear.
47:59Um Madam Water, thank you, councilman for there is a section in city charter that does hold city employees accountable when they do not follow the both contract and supply.
48:10This is a large amount.
48:11I don't expect that.
48:12However, they did it just once, trust me, think it would become more accountable for managing data offense.
48:19Okay, thank you, madam lawyer.
48:22I think we need to move this, and um I'm here.
48:26We're not really happy about it at all.
48:28We do want to see a vendor management system.
48:31If you don't have system in place, you need to put something in place.
48:37This is not acceptable for this amount of money.
48:41It's it's a lot of money.
48:43Um, and it's it's beyond me to believe that it expired in notice to the auditors' point, and we have project managers that get paid very, very well to manage these contracts and directors as well to make sure that the work is done appropriately and the oversight exists in this in our departments.
49:06So with that, I'm gonna say I'd like to make a motion to to approve this.
49:11Um, but we're not happy about it at all.
49:14Um and uh we're uh we are asking for vendor management system.
49:19We want you to come back to us, and we also want you to come back to us with the street sweeping contract, the new one that has been um set up.
49:27We want to look at that and understand it.
49:30All right, any bottom line, we all like our streets swept, but we need to be efficient and fiscally responsible in how we're engaging managing our vendors.
49:40May I have a motion?
49:42Motion to I make a motion now.
49:48Motion made by Councilman Grace to approve.
49:52Second by Council Nadu.
49:55Uh, all in favor of any opposed, I seven motion carries the matter passes.
50:00Thank you very much.
50:05Um what are we doing?
50:08I'd like to make a motion to on waive the reading on the design of items three through 10th.
50:18And make a motion to continue them.
50:21May I have that motion?
50:23Is that certainly motion made by 10 minutes by second advice?
50:32There's no further business.
50:33May I have a motion to adjourn made by Nandabaugh.
50:40Any opposed, eyes have it.
50:42Motion character or adjourned.