To:                   Mayor Allen Green

Vice Mayor Mary Martin

Councilman Dennis Kennedy

Councilman Robert Pohlmann

Councilman George Steindoerfer


From:              Kenneth W. Parker, City Manager


Subject:          Agenda Commentary for Regular City Council Meeting of

                        August 18, 2009


Date:               August 10, 2009



A.                 OPENING


Item 1 -           Pledge of Allegiance

Item 2 -           Silent Invocation

Item 3 -           Roll Call





Item 4 -           Planning Commission (3 Terms to Expire on September 1, 2009)


Three appointments need to be made to the Planning Commission with the terms to expire on September 1, 2011.  Richard Barker and Shannon Booth have expressed an interest in being reappointed.  The term of Robin Lasky also will expire.  We have not heard from Ms. Lasky as to whether she is interested in being reappointed.  Attached are applications from Donald Burnette, Michael Burton, Tim Thompson, and Mike Young.  All have expressed an interest in being appointed to the Planning Commission.





Item 5 -           Rocky Pomerance Excellence in policing Award


The Rocky Pomerance Award is presented annually to agencies in recognition for promoting a standard of excellence that exemplifies law enforcement’s contribution and dedication to the quality of life in local communities.  The Port Orange Police Department was awarded the 2009 Rocky Pomerance Excellence in policing Award in recognition of the “Wanderer’s Assist” bracelet program administered through our crime prevention office.


This program offers elderly residents in our community an engraved bracelet with specific numeric identifiers, such as their name, photo, address, special needs, etc.  This related information facilitates not only identification but also a timely return of the individual to family members and caregivers.  Since its inception in 2006, this program has yielded significant results in the identification and safe return of 63 registered elderly members.  The Wanderer’s Program addressed a community problem and its success has increased citizen safety and security.


At this time, Council will recognize the Port Orange Police Department as the recipient of the Rocky Pomerance Excellence in Policing Award.



D.                CITIZEN PARTICIPATION (Agenda)


Item 6 -           Presentation from Volusia Honor Air Flight


Bernadette Britz-Palmer, the coordinate for the Volusia Honor Air Flight, will make a report to the Council at this time regarding the program offered for World War II veterans.


Item 7 -           Request from Lakeside Jazz Festival for City to Waive Lakeside Community Center Rental Free from the 2009 Jazz Festival


Spruce Creek High School’s Lakeside Jazz Festival of April 16, 17, and 18, 2009, included the additional use of the Lakeside Community Center.  The City co-sponsors and waives fees for the festival.  Lakeside Jazz Festival has asked for the additional waiving of the rental fee for Lakeside Community Center in the amount of $2,000.


Attached is an Event Cost Estimate totaling $6,579.48.  We are recommending the rental fee for the Lakeside Community Center be collected from Lakeside Jazz Festival in the amount of $2,000.



City Manager’s Comments:  The City Council supported the Lakeside Jazz Festival by including the event in the Concert in the Park series.  That meant that they did not have to rent the Amphitheater.  To be consistent with other groups that use City facilities, the rental fee for the Lakeside Community Center is appropriate.  The City Council indicated that they would review the request should a sponsor not be found to pay the cost of the Lakeside Center.  The Lakeside Jazz Festival provides scholarships to students from Atlantic and Spruce Creek High Schools to attend music and leadership camps.  The options available to you are:


1.                  Waive the fee.

2.                  Charge the fee.

3.                  Waive a portion of the fee in order to provide more scholarship funds to students.


Be aware that the City Council has not waived any fee for any of the non-profit groups that have appeared before the City Council. 



E.                 CITIZEN PARTICIPATION (Non-Agenda – 15 Minutes)

F.                 CONSENT AGENDA


Item 8 -           Bid Award – B-19 Canal at Willow Run Boulevard Emergency Utility Repair


In May of this year, our City experienced a devastating rainfall event, 30” of rainfall in 5 days. This caused a significant blockage underneath the Willow Run Bridge and caused canal banks to erode and concrete armoring to give way.  All three aerial utility crossing foundation supports were significantly undermined and close to failure.


At that time, an emergency purchase order was issued to Scott Construction in order that they might begin immediately to replace the existing 16” sewer force main and remove a 12” potable water main and also repair the canal bank immediately north of the Willow Run Bridge.  That work is now completed in addition to the temporary shoring up of our singular remaining 30” raw water main aerial crossing of the B-19 Canal.


This project before you today is the second half of this utility repair project.  It has been designed, permitted, and placed out for bid during these past two short months. Our consultants, Quentin L. Hampton & Associates, in consultation with city staff, prepared construction documents, etc., to replace the 12” potable water main that was previously removed in early June and to also remove and replace the 30” raw water main which is now only temporarily supported with helical pile foundations.  Bids for construction of these additional repairs / replacements were publicly advertised and six bids were opened on August 4, 2009.   After evaluation of all of the bids received, we have determined that Masci Construction is the lowest responsive bidder.


We request your approval in awarding this contract to Masci Construction in the amount of $159,474 at this time so that the necessary repairs may be completed in a timely manner.  Funding for this project is currently available in the B-19 Canal - Misc. Utility Coordination, CIP – No. URL–007.


Staff recommends that Council approve the bid award for the B-19 Canal at Willow Run Boulevard Emergency Utility Repair, Project B-09-17 to Masci Construction in the amount of $159,474 and to authorize the Mayor and City Manager to sign and execute all required contract documents.  


City Manager’s Comments: During the May storm, the utility lines that cross the B-19 canal were compromised.  Two of the lines, the potable water line and the sewer main, have been relocated underground.  The third line, the raw water main, needs to be relocated.  The best option was to relocate the line above ground but move it to be next to the bridge.  Also involved is the replacement of the 12 inch line that was removed.  The funding for this project will come from the funds that were left after the completion of the South Williamson Blvd. project between the bridge and Taylor Road.  Also, we have been informed that FEMA will pay for a portion of the work that has already been done.  We will be working with the State concerning the enhancement portion of the project.  However, awarding the contract is not dependent upon receiving the FEMA funds since we will be using the funds from the South Williamson project.  The FEMA funds, when received, will be placed into the Water and Sewer Capital Construction Fund and will then be allocated to other capital projects.


Item 9 -           Proposed  License  Agreement – Lot 53, Sleepy Hollow Subdivision Unit 1 (701 Priscilla Court)

Alfredo Rodriguez, the owner of the subject property, has applied for a Right-of-Way License Agreement from the Department of Community Development. The application was made in connection with a proposal to place decorative pavement over the driveway apron and street sidewalk between the limits of the apron.


The License Agreement Application has been reviewed for completeness and accuracy. The area has been inspected with respect to City Codes and possible effects to adjacent properties resulting in no outstanding concerns. The proposal has been determined to be acceptable to the Department of Community Development.


The property owner has been advised of applicable requirements and advised of the License Agreement and permit review process. This agreement has the effect of requiring the Developer to maintain and, if necessary, replace these improvements with the accepted standard construction requirements of the City. Further, should the property owner fail to abide by this requirement, it provides the City with the ability to take necessary corrective actions at the expense of the property owner.


Staff recommends that Council approve and authorize the Mayor and City Manager to act on behalf of the City to execute a License Agreement for Lot 53 of the Sleepy Hollow Subdivision Unit 1.


Item 10 -        Change Order No. 6 – Modifications to the Public Safety Building


Staff recommends the Council approve Change Order No. 6 that includes 34 individual items identified as changes to the Public Safety facilities detailed in the attached list and supporting documents.  Funding will be from Account No. 314-1000-5806200, Project No.  CNE006.


Staff recommends that Council approve Change Order No. 6 in the amount of $38,445.00 and no additional time for changes to the Public Safety Building as detailed in the attached list.  


Item 11 -        2010 Critical Dates Calendar


Attached is the 2010 Critical Dates Calendar.  These calendars are structured identically to the calendars that were adopted for 2009.  The only significant changes to the calendars occur during the months of November and December due to holiday scheduling conflicts.


Planning Commission Recommendation:      The Planning Commission recommended adoption 6-0 (Commissioner Booth excused).


Staff Recommendation:   Staff recommends approval.


Item 12 -        “Piggyback” County Contract with Ilturan LifeTrak to Purchase GPS Units for Fleet Vehicles and Equipment


Staff has obtained a cost proposal from Ituran LifeTrak for GPS units in 147 vehicles and/or equipment. Ituran LifeTrak is under contract with Volusia County (Contract No. 05-B-61RB) and they are willing to allow the City to piggyback this contract.  As shown on the proposal attached, total annual initial cost is $64,294 to install 147 GPS units.  Ongoing costs would be $199.00 annual maintenance fee for the software and $35.00 a month per unit for air time charge.


Staff recommends that Council approval to piggyback Volusia County’s contract (05-B-61RB) with Ituran LifeTrak to purchase GPS units for fleet vehicles and equipment for a total annual initial cost of $64,294.


City Manager’s Comments: Recently, we had discussions with FEMA concerning use of City vehicles in the preparation stage for storm events.  They wanted to know where the vehicle was (location) and time spent doing jobs.  Although our crews keep good records, it would be better if we had the ability to provide the information to them in a digital report format.  Also, with AVL/GPS in our vehicles, we can quickly dispatch a vehicle to handle issues when citizens call.  Finally, the equipment provides other types of information, not just location, such as idle time, parked time, speed, and other data that is good for us to know.  In discussing their experience, the County has stated that an added benefit is they have seen lower fuel consumption and more efficient use of their vehicles since they installed the equipment.


Item 13 -        Building Activity Report and Monthly Development Activity Report for June and July, 2009


The attached Staff Reports include the Development Activity Report for July 2009 and the Building Activity Report for June 2009.  These reports provide information on proposed development and projects under construction, commercial code enforcement activity, and monthly building permits and inspection updates.  Staff recommends that Council accept the Staff Reports (Building Activity Report and Monthly Development Activity Report) for June and July, 2009.


Item 14 -        Rejection of Bid B-09-19 - Concession Stand Services


Staff issued a bid for concession stand services for the two ball fields.  Only one bid was received and that was from His & Hers Catering Services.  His & Hers submitted their bid in the amount of 25% of the season’s profits.  The City does not have the personnel to perform the necessary audits, etc., for this type of bid submittal.  The bid itself requested a fixed monthly fee in lieu of this type of bid; therefore, staff is requesting that Council reject this bid and authorize staff to revise the specification and re-bid these services.


Item 15 -        Extend Contract with Daytona Employment for One (1) Year


Last year, a bid was awarded to Daytona Employment Services for the employment of the City’s umpires, scorekeepers, etc.  Contained in that bid was the option of renewal for two one-year periods of time, if mutually agreed upon by both parties.  Staff would like to exercise the option for the first one year period of time.  The renewal is at the same prices, terms, and conditions as the original bid.  Funding is budgeted in the Recreation Department operating funds.


Staff recommends that Council approve the contract extension with Daytona Employment for the first one year period of time at the same prices, terms, and conditions.



Item 16 -        Office Furniture for New Police Department


The Port Orange Police Department is requesting the approval to purchase office furniture for the new police facility located at 4545 Clyde Morris Boulevard.  The amount budgeted to furnish the new department was $316,000.


PRIDE will provide desks, filing cabinets, and systems furniture.  CDS, Inc., will provide the tables and chairs.  Florida State Contract information is listed below:


PRIDE            Florida State Contract No. 425-001-05-P             $191,644.01

CDS, Inc.        Florida State Contract No. 425-001-06-1             $  77,483.92


                        Total                                                                            $269,127.93


Funding is available in Account No. 317-1000-580-6404, General Capital Replacement Fund.


Staff recommends that Council approve the purchase of office furniture for the new police facility in the amount of $269,127.93 using Florida State Contract vendors and pricing.


City Manager’s Comments: The funds for the furniture for the Police Department new building were allocated more than 3 years ago.  The funds have been brought forward each year.  The existing Police Department furniture, to the extent that it is usable, will remain in the building and will be used by those who are relocated to that facility.  This is an extremely good pricing for the furniture.


Item 17 -        Port Orange Business Park Stormwater Bypass Pipe Cost Share Agreement


In order to maximize the amount of light industrial space available for sale on the City’s remaining property at the Port Orange Business Park, a stormwater bypass pipe is necessary to convey the water to the existing stormwater pond.  The design has been permitted through the St. Johns River Water Management District in conjunction with V&P Property Group, LLC to also allow for Raydon’s new corporate headquarters. 


The cost allocation methodology, utilizing contribution percentages, has been reviewed and verified by the City’s staff and consulting engineers.  The unit costs provided are consistent with recent similar construction bids.


Staff recommends approval of the cost share agreement in order to fully market and develop the remainder of the site.  Funds for this project were set aside from the sale of the property to V&P Property Group in June 2009.


Staff recommends that Council approve a cost share agreement with V&P Property Group, LLC for construction of a stormwater bypass pipe in the Port Orange Business Park in the amount of $79,650.22 and authorize the Mayor and City Manager to execute all necessary documents.


Item 18 -        Flu Serum (Child) Purchase for 2009 Flu Shot Program


Fire & Rescue will be purchasing 400 boxes of pre-filled syringes (PFS) of vaccine at $90.71 per box (10 shots).  This is the only vendor that is currently producing the child vaccine.  The price is offered under the Minnesota Multi-State Contract.


Staff recommends that Council approve the purchase of Child Flu Shot Serum from Sanofi Pasteur in the amount of $36,284.


Item 19 -        Flu and Pneumonia Serum Purchase for 2009 Flu Shot Program


Fire & Rescue will be purchasing 800 vials of vaccine at $66.95 per vial (10 shots).  General Injectables Vaccine (GIV) is the low price vendor as compared to GlaxoSmithKilne (GSK) at $67.00 per vial and Sanofi Pasteur at $97.34 per vial.  They will also be purchasing 80 vials (5 shot) of pneumonia vaccine at $191.90 per vial.  They are the low price vendor as compared to Sanofi Pasteur at $194.75 and STAT Pharmaceuticals at $214.95.


Staff recommends that Council approve the purchase of Adult Flu & Pneumonia Shot Serum from General Injectables Vaccine (GIV) in the amount of $68,912.00.



G.                TABLED ITEMS


Item 20 -        Second Reading- Ordinance No. 2009-4 – Repeal Ordinance No. 2008-19 Small Scale Future Land Use Amendment – Summit Golf Center (Tabled 4/28/09; re-tabled 7/28/09)


Staff recommends that this item remain on the table.





Item 21 -        Citizen Advisory Committee for MPO


A representative of the Citizens Advisory Committee for the MPO will make a report to the Council at this time.



I.                     FINANCE


Item 22 -        Resolution No. 09-55 - Budget Appropriations


The attached Resolution appropriates budget funds for operational expenditures, capital projects, and other internal transfers.  Staff recommends approval.





Item 23 -        Second Reading – Ordinance No. 2009-14 – Rezoning and Approving a Master Development Agreement and Conceptual Development Plan – Bermuda Village PUD


Staff recommends approval.


Item 24 -        First Reading- Ordinance No. 2009-16 – Second Amendment to Pavilion at Port Orange PCD MDA


This amendment provides for an additional permitted use within the PCD and minor changes to the Master Sign Plan (MSP).


Planning Commission Recommendation:      The Planning Commission recommended approval 6-0 (Commissioner Booth excused).


Staff Recommendation:   Staff recommends approval.


Second Reading:   September 15, 2009


Item 25 -        Resolution No. 09-56  - Easement Vacation – Azalea Pointe Subdivision, Lot 21 (1058 Azalea Pointe Drive)


The Community Development Department has received a request to vacate a portion of the southerly 10.00-feet wide rear yard Drainage Easement located on Lot 21 of the Azalea Pointe Subdivision. The property owners have made this request in connection with a proposed pool, pool deck, and screened pool enclosure to be constructed in to the easement area.


The easement vacation application and legal description have been reviewed for completeness and accuracy. A meeting at the property was conducted to inform the property owners of applicable requirements and the easement vacation process. The area was also inspected with respect to City Codes and possible effects to adjacent properties resulting in no outstanding concerns. Total allowable lot coverage has not been exceeded and enough easement area will remain for necessary drainage. Currently, no drainage or utility improvements are proposed for this area in the future. The easement may be vacated, as described in the attached Exhibit “A,” to the extent that it is not being used.


Staff recommends that Council approve the attached Resolution vacating the northerly 5.00 feet of the southerly rear yard 10.00-feet wide Drainage Easement located on Lot 21 of the Azalea Pointe Subdivision, per the attached legal description.


Item 26 -        Discussion – Land Development Code Amendment – Permanent Screening Walls/Fences


At a workshop held March 24, 2009, Council directed Staff to prepare a code amendment for its consideration that would require any permanent screening walls/fences to be constructed immediately after a site is cleared. The Planning Commission discussed the amendment at its April 23rd and May 28th meetings. The Commission expressed concerns about the potential financial and logistical impact on a developer or property owner by requiring the permanent wall/fence to be constructed at that time. As an alternative approach, the Commission recommended a temporary construction fence be required.


Both options are provided and briefly discussed in the attached memorandum. Staff is requesting direction from Council on which of the two alternatives is preferred. Staff will bring back the preferred alternative in ordinance form for First Reading.



K.                 PUBLIC WORKS


Item 27 -        First Reading – Ordinance No. 2009-17 – Award Roll-Off Franchise Agreements


Staff advertised the non-exclusive franchise agreement for roll-off container service and received nine qualified submittals.  Under this agreement, vendors are allowed to contract container services with various organizations, firms, or entities within the City of Port Orange for the collection and disposal of construction/demolition debris.  In exchange, each vendor pays the City a flat monthly fee of $85.00 plus $20.00 based on “per pick up” of each container placed in service.  In addition to the monthly contract payment, each vendor also provides roll-off containers for City use as specified in the ordinances.  This agreement will be effective October 1, 2009, through September 30, 2009.


Staff recommends approval of the attached ordinance granting a non-exclusive roll-off franchise agreement to Fence Services Inc., Beckman Paving Inc., Emerald Waste Services, Veolia, Waste Management, Inc., Samsula Waste Inc., Halifax Wrecking Company, Waste Pro of Florida, and Set Materials Inc.


Second Reading:   September 1, 2009



L.                  ADMINISTRATION


Item 28 -        Resolution No. 09-57 - Volusia County Manatee Conservation Fund Grant Application


In 2007, the Manatee Protection Plan and Memorandum of Understanding were approved. With the approval, Port Orange is eligible to seek funds under the County’s Manatee Conservation Fund Grant program.  The program’s focus is “on-the-water” law enforcement efforts such as overtime salaries for on-water law enforcement officers, boats, GPS units for boats or other types of similar equipment, fuel for boats, laser radar guns, and computers for tracking citations.   Port Orange is eligible for $707.43, which is based on an equation that factors in the length of river shoreline. 


The City requests $707.43 from the Manatee Conservation Fund for overtime salaries for the Police Department’s Marine Unit Patrol.  There is no match requirement, and the funds are scheduled to be distributed in November.


Staff recommends that Council approve the attached Resolution authorizing the City Manager to submit a Volusia County Manatee Conservation grant application to fund overtime for Police Officers that enforce the City’s Manatee Protection Plan and to authorize the Mayor and City Manager to execute any agreements or contracts.


Item 29 -        Resolution No. 09-58 – Opposing Florida Power & Light Base Rate Increase


Attached is a letter from the City of South Daytona urging local governments to adopt a Resolution opposing FPL’s 30 percent base rate increase.  The City of South Daytona passed their Resolution on July 21, 2009.


Staff recommends that Council approve the attached Resolution opposing Florida Power & Light’s Base Rate Increase.



City Manager’s Comments:  The City of South Daytona has requested cities join them in opposing the FPL rate increase.  FPL has stated that reduced fuel cost will mean that the impact on the customer will be mitigated and, in some cases, will result in a lower power bill. However, fuel costs are adjustable and can be passed through to the consumer in accordance with rules enacted by the Public Service Commission.  There are major costs to the City whenever electrical rates increase.  The Resolution states that in these economic times, the City of Port Orange would encourage FPL to withdraw their request for an increase in the base rate.  Further, it states that if they do not withdraw their rate increase, the City would request the PSC deny the increase.  The Port Orange Resolution is different from the South Daytona Resolution, but it does support South Daytona.


Item 30 -        Discussion Nova Canal JPA


In May, 2009, the area was hit by a large storm event that caused massive flooding throughout the area.  The Nova Canal/Halifax Canal overflowed their banks backing into neighborhoods from Ormond Beach to Port Orange.  Every City as well as the unincorporated areas along the canals was impacted by the flooding that occurred. 


A discussion has been held between all the effected cities and the County to determine if working collectively together would be better than each entity going it alone.  Conceptually, it would be better for a collective effort to be put forth rather than individual cities and the County working independently of each other.  The interdependency of the system demands a coordinated effort in order to address the flooding issues.  Also, collectively working together it appears that we would have better chances and opportunities to receive additional funding for the improvements. 


What is contemplated is a joint project that would study the entire basin, model the basin, and design improvements that would lessen the impact of large rainfall events on the area. It would take a larger view of the overall basin with a focus on increasing the pumping capacities at 11th street canal, Reed Canal, and the end of the Halifax Canal.  This is a macro-level view of the canals, and the solutions would benefit all of the participants. 


The City of Port Orange’s portion of the study and engineering cost is about 24% of the total bill, or about $240,000.  If Port Orange went it alone, we could anticipate spending about $260,000 for the modeling and engineering for just the improvements in Port Orange. 


What is not included in the Nova/Halifax Canal project nor was it included in the proposal from QLH for the modeling and the design at the end of the Halifax Canal are the following elements:



  • Design for improvements to keep Dunlawton open as well as reducing the flooding impact on Ruth, Powers, etc.
  • Tapping the fresh water that is being discharged to Rose Bay through the Halifax Canal on a day to day basis.
  • Improvements needed in the Herbert Street area, Sugar Forest Area, Nixon Lane, and Jackson Street (north of Herbert)
  • Land Acquisition identification other than the land needed for the pumping stations.


These areas would be micro-areas that would still need to be addressed by the City.  The major pumping improvements would benefit the entire area but would not address the issues that we have identified as needing to be addressed. 


Could the City of Port Orange go it alone?  The answer is yes.  However, it will greatly diminish our ability to obtain outside resources.  If we go it alone, we could be making improvements in the Halifax Canal basin that would benefit the upstream entities, and they would not be paying any of those costs.  In talking with QLH, it appears that by working collectively with the others, we will reduce our overall engineering, modeling, and permitting cost for the end of the canal pumping project. 


From the outset, I have had concerns about the methodology of allocating cost related to the engineering, modeling, and permitting.  It has been my position that volume being discharged into the canal system is a better method of allocating the cost rather than acreage.  In talking with engineers, they have told me that until all of the modeling is completed, the acreage method is probably the best method of allocation. 


If the City Council is in agreement with the participation concept, we will schedule the agreement for your approval on August 25.  During the intervening period, I will be looking for funding sources that would allow us to move forward to enter into the Interlocal Agreement.  Also, I want Margaret to have adequate time to review the agreement.  This will give her an extra week.


Item 31 -        Discussion and Direction – Innoprise Software Contract


Last year, Innoprise appeared before the City Council in regard to their contract with the City related to the installation of their software.  The Assistant City Attorney, Ann-Margret Emery, had placed Innoprise on notice that they were in default of their agreement.  The City Council agreed to work with Innoprise; however, there were certain conditions that had to be met.  The following four items are attached as part of this agenda item:


1.                  Minutes of the City Council Meeting where representatives of Innoprise appeared

2.                  A letter from Innoprise’s Attorney

3.                  A copy of the proposed contract amendment prepared by the City and presented to Innoprise

4.                  A copy of the proposed amendment from Innoprise


I cannot recommend to you approval of the proposed Innoprise agreement.  First, it does not include all the modules.  In fairness to Innoprise, they state that the two modules that were installed are covered under the maintenance agreement.  My problem is that one of the modules would not balance to the City’s General Ledger.  That was a requirement of the bid specifications when Innoprise received the bid.  It is my recommendation that all of the modules are to be included in the package.  We acquired the entire package and all of it should work properly before it goes under maintenance.


The second element relates to the third party evaluator.  Innoprise desires to enter into a separate agreement.  They believe the consultant would act more independent if there were separate agreement.  It is my recommendation that the agreement be a joint agreement with the consultant.  BMP is very familiar with our system.  They prepared the City’s technology plan.  Because of their knowledge, the City believes they have the ability and capability to evaluate the installation fairly and impartially.


The final element and a critical element is the performance bond, Letter of Credit, or cash to be posted guaranteeing that the project will work.  The Innoprise contract does not include that they post any type of bond or cash with the City.  Their proposal provides for a different method.


It is my recommendation that Innoprise be required to post a performance bond, an irrevocable Letter of Credit, or cash which can be withdrawn by the City should Innoprise fail to successfully install the software and interface all software modules to our existing software as provided for in the original agreement.


As you are aware, Innoprise has been paid for the software and its installation.  That was done when the original contract was signed.  Payment was made up front in order to take advantage of the discounts offered on the software.  By requiring Innoprise to post a performance bond, an irrevocable Letter of Credit, or cash, the City is attempting to protect our investment.


After careful review of the proposal submitted by Innoprise, I am recommending rejection of their proposal as not complying with their representations to City Council when they requested the Council to give them the opportunity to install the software and complete the project.


City Manager’s Comments:  What are the options available to the City Council?


1.                  Accept the Innoprise Contract.

2.                  Accept the proposed City Contract and resubmit it to Innoprise for their signature.  It is my understanding that the City contract is not acceptable to Innoprise.

3.                  Continue to negotiate with Innoprise and bring back a new agreement for City Council consideration.

4.                  Allow Innoprise to proceed forward to install the software without any agreement.

5.                  Seek the recovery of the funds already expended by the City of Port Orange.


I have conveyed to Innoprise that the City is willing to work with them to install the software.  It is our desire to make the software work.  However, because components of the software did not work (i.e. balancing to the General Ledger), I believe that it is appropriate that all of the modules be included in the proposed contract amendment.  Innoprise has indicated to us in the past that they do not think an amended agreement is necessary in order to accomplish the work.  I do not agree.  Because we are beyond the time frame included in the existing contract, an amended agreement needs to be entered into.  Second, because an independent consultant is being used to monitor the installation, that needs to be included in the agreement as well.  Third, there needs to be a clear definition of what modules will be included in the installation since there is a difference of opinion on what elements are to be installed.  Finally, the issue of the performance bond needs to be clearly set out. 


Is the City using a product from another software vendor to accomplish the tasks that Innoprise’s software would do?  The answer is yes.  The City of Port Orange is using a HTE product.  Innoprise was our original choice.  It was the recommendation from the Committee who viewed the software.  Does the HTE product work?  The answer is yes.  You may hear the HTE software is old technology and Innoprise’s software is newer technology.  That is not the issue.  The issue is plain and simple - arriving at an agreement with Innoprise that protects the City’s already paid investment. 


You may hear that we are overpaying for software maintenance and our cost would be lower if we used one product over another.  That, too, is not the issue.  The issue is arriving at an agreement that protects the City’s already paid investment.  In other words, getting what we have already paid for.



M.                COUNCIL COMMENTS


Item 32 -        Comments/Concerns from Council Members


At this time, Council Members may discuss various matters of concern.