Board of Public Works & Safety

SPECIAL HYBRID/ZOOM MEETING – December 12, 2022 The Board of Public Works and Safety of the City of Michigan City, Indiana, met in SPECIAL SESSION on Monday morning, December 12, 2022, at the hour of 8:30 a.m., hosted by “Hybrid/Zoom” and streaming live on “My Michigan City” Facebook page. The meeting was called to order by President, Virginia Keating, who presided. Noted present in person: Virginia Keating and Mayor Parry (2), Absent: Michael Vinson, (1). A QUORUM WAS NOTED PRESENT. Also noted in attendance: Amber Lapaich Stalbrink, Attorney Andrew White, Alco TV Chief Legault, MCFD Chief Shong Smith, Director of Street Department Gale Neulieb, City Clerk and Amanda Pickens, Asst. Deputy Clerk. President Keating read the following request. Awarding OF BIDS – Awarding of bids of the 2023 Brush Truck for the Michigan City Fire Department. Amber Lapaich- Stalbrink Corporate Counsel addressed the Board stating On December 5, 2022, the Board of Works received only one (1) bid for a brush truck for the Michigan City Fire Department (MCFD) from Spencer Manufacturing (“Spencer”) in the amount of $243,920.00. After reviewing the bid information submitted, Spencer did not sign the City’s proposed contract, rather, they submitted their own contract for consideration. In addition, Spencer did not sign and return some pages in the EEO packet. She contacted Spencer and asked why they did not sign all of the pages in the EEO packet. The representative advised that they only signed and returned the pages relevant to the sale of equipment and did not sign the pages that they believed were relevant to construction projects. After reviewing the missing pages, with one exception, she agrees that the pages in the EEO packet that Spencer did not sign are not relevant to the sale of equipment, but rather, these pages are relevant to a public works project. The one exception is with respect to the nondiscrimination in awarding contracts (pg. 8-9 in EEO packet), which Spencer represented was not signed because the first half of the document is relevant to city contracts in general and the second half of the document is relevant to construction contracts. To remedy this, on December 9, 2022, Spencer submitted to me amended Terms and Conditions and added Paragraph 17, which is a nondiscrimination provision to the contract. (A copy of the amended Terms and Conditions is enclosed herein with a cover letter December 9, 2022). She has discussed this matter with Chief Legault, and he would still like to purchase the brush truck from Spencer since Spencer was the only bid received in the amount of of $243,920.00. As part of the “Notice to Bidders,” the City reserved “…the right to waive any informality in the bids received…” If this Board decides to award the contract to Spencer, this Board would need to make a motion to waive the informalities regarding the bid received from Spencer with respect to the pages in the EEO packet that were not signed and to utilize the contract proposed by Spencer including the amended Terms and Conditions submitted by Spencer dated December 9, 2022 and award the bid for brush truck to Spencer in the amount of $243,920. Chief Legault Michigan City Fire Department, addressed the Board he reviewed the bid specs from Spencer, and it meets the requirements. He also stated that he did send via email 2 bids to other copies and received no response. Special Hybrid/Zoom Meeting – December 12, 2022 Page 2 President Keating asked if there were any public comments, there was no response. President Keating asked if there were any Board comments, there was no response. Mayor Parry made a motion to waive the informalities regarding the bid received from Spencer with respect to the pages in the EEO packet that were not signed and to utilize the contract proposed by Spencer including the amended Terms and Conditions submitted by Spencer dated December 9, 2022 and award the bid for brush truck to Spencer in the amount of $243,920., President Keating second and carried by the following vote: AYES: BOW members Parry and Keating (2) NAYS (0) Motion carries. President Keating read the following item on the agenda. REQUEST TO SOLICITE BIDS- Shong Smith, Street Department, is requesting to solicit bids for a municipal tractor. Shong Smith Street Department Director, addressed the Board he would like the Boards approval for a public bid for a municipal tractor to do seasonal work throughout the City. President Keating asked what it would be used for. Shong replied in the winter it would be used for sidewalks and dead ends where the trucks can not reach; in the summer months for stump grinding, cutting grass and assisting during leaf season as this tractor comes with 30-40 attachments for any seasons. President Keating asked if there were any Public comments, there was no response. President Keating asked if there were any Board comments, Mayor Parry asked what the delivery cycle on the tractor would be. Shong Smith replied mid-February Amber Lapaich Stalbrink Corporate Counsel stated the bids are due January 9,2023, if need be, we can hold a special meeting to award the bid and speed up the process. Mayor Parry made a motion to solicit bids for a municipal tractor, second by President Keating and carried by the following vote: AYES: BOW members Parry and Keating (2) NAYS (0) Motion carries. BOARD COMMENT President Keating asked if there were any Board comments, there was no response ADJOURNMENT The presiding officer inquired whether there was anything else to be considered by the Board at this time and, there being none, asked for a motion to ADJOURN the meeting at approximately 8:35 a.m. Mayor Parry made the motion to Adjourn. The motion was seconded by President Keating. AYES: Board of Public Works and Safety members Keating and Parry (2). NAYS: None (0). Motion Carries. _________________________________________ Gale A. Neulieb, City Clerk