January 23, 2012 MOBILE COUNTY COMMISSION The Mobile County Commission met in regular session in the Government Plaza Auditorium, in the City of Mobile, Alabama, on Monday, January 23, 2012, at 10:00 A. M. The following members of the Commission were present: Connie Hudson, President, Merceria Ludgood and Mike Dean, Members. Also present were John F. Pafenbach, County Administrator/Clerk of the Commission, Jay Ross, County Attorney, and Joe W. Ruffer, County Engineer. President Hudson chaired the meeting. __________________________________________________ INVOCATION The invocation was given by Commissioner Merceria Ludgood. __________________________________________________ President Hudson called for a moment of silent prayer for two (2) victims who lost their lives in a tornado in the Birmingham, Alabama area earlier this morning, which have also affected communities in Chilton and Monroe Counties, Alabama. __________________________________________________ PRESENT RESOLUTION/PROCLAIM JANUARY 27, 2012 AS EARNED INCOME TAX CREDIT (EITC) AWARENESS DAY President Hudson presented a resolution to the following members of nonprofit organizations: Diana Brinson, HandsOn South Alabama Raymond Huff, Internal Revenue Service Lanny Wilson, Goodwill Industries/Easter Seals of the Gulf Coast, Inc. Patsy Herron, United Way of Southwest Alabama Terri Grodsky, Retired Senior Volunteer Program President Hudson said tax preparation assistance helps low to moderate income families, the disabled, elderly and limited English proficiency individuals to take advantage of federal tax benefits such as, earned income tax credit, child tax credit and receive up to $5,751.00 in tax refunds which is a substantial financial benefit for families struggling to make ends meet. She said in 2011 local nonprofit organizations and numerous volunteers operated sixteen (16) tax sites within Mobile County that have helped 1,738 families claim over $2 million in tax refunds and credits. President Hudson said in recognizing the significant benefits of additional millions of dollars of tax credits for low to moderate income workers, their families and our communities, the Internal Revenue Service is partnering with local elected officials, businesses, educational and financial institutions who are committed to community volunteers and nonprofit groups, to promote the 2012 Earned Income Tax Credit (EITC) Awareness Campaign. She said their goal is to increase claims for earned January 23, 2012 income tax credit (EITC), child tax credit and other state and federal tax credits through free tax preparation assistance, as well as to link low income families and individuals to financial education, asset development and other benefit programs. The Commission proclaims January 27, 2012 as Earned Income Tax Credit Awareness Day and encourages all eligible residents of Mobile County to claim their earned income tax credit, to visit volunteer tax sites and receive free tax preparation assistance. The Commission further encourages all residents to support the initiative and to promote it in their communities. Ms. Brinson said as a volunteer action center for the region she is delighted to have been chosen to speak on behalf of a wonderful coalition of nonprofit groups, who have helped promote this program every year for the benefit of working families. She said Friday, January 27, 2012, as part of their continuing earned income tax credit (EITC) awareness they are offering some community training at HandsOn South Alabama. Ms. Brinson said the coalition is growing with the support of so many programs and organizations. She thanked the Commission for their support and said she hopes the Commissioners would continue to promote it to their constituents. President Hudson said Mobile County is very fortunate to have this program. __________________________________________________ RESCIND AWARD/BID #140-11/COMPACT TRACK LOADER/ENVIRONMENTAL SERVICES DEPARTMENT Joey Jernigan, President, Bobcat of Mobile, addressed the Commission opposing Agenda Item #17, rescind award of Bid #140-11, one new compact track loader for the Environmental Services Department. He said his company entered the bid process twice over the last six (6) months for a compact track loader and won the bid twice. Mr. Jernigan said in the middle of November, 2011, G. William Melton, Environmental Services Director, and Joe W. Ruffer, County Engineer, stopped receiving his telephone calls because the time lapse between his bid and awarding of the bid had taken too long, although, federal money was set aside for that particular equipment and not the County’s money. Mr. Jernigan said his company went through a lot to meet the bid obligations, including the number of employees, number of parts and so forth. He said his company’s equipment was more than legitimate for the specifications required by the County, but he was told by the Environmental Services Department that the County Legal staff was now handling it and he would need to speak to Jay Ross, County Attorney. Mr. Jernigan said Mr. Melton returned from his vacation around Christmastime and told him the equipment was not needed anymore and they would rescind the bid. He said he was told by a company in Pensacola, Florida, who does not have an office in Mobile, Alabama, that they have the attachment for the equipment and are waiting on a Purchase Order (P.O.) from the County. Mr. Jernigan said it is not fair, his company is located in Mobile, Alabama, he won the bid twice and he deserves to be awarded the bid, but now the bid is being January 23, 2012 rescinded and the company in Pensacola, Florida, has high hopes they are going to get the Purchase Order (P.O.) for this same bid. He said the Environmental Services Department instructed the company in Pensacola, Florida, to pick up the attachment to make sure it fits on their equipment which was not fair. Mr. Jernigan said the bid has been a part of his company for the last six (6) months, he is a taxpayer and a resident of Mobile County, and it is disheartening to know the award of the bid to his company is going to be rescinded and the Purchase Order (P.O.) for the same compact track loader is being passed on to an out-of-state company. President Hudson asked Mr. Ross, Mr. Melton or Mr. W. Bryan Kegley, Assistant County Engineer, to explain the circumstances surrounding this situation. Mr. Ross said Mr. Jernigan’s company was the lowest bidder on the second bid, but there was confusion on the definition of the attachment. He said the definition of the attachment was ambiguous and because it was federal money he recommended the Environmental Services Department not to accept the bid. Mr. Ross said some of the other vendors’ prices were different and the definition of the bid as a U. S. Forestry Package was controversial. He said the Environmental Services Department reviewed the State Bid list, but they have decided they do not need the equipment anymore. Mr. Ross said the Environmental Services Department is perfectly in compliance with every aspect of Bid #140-11. He said sometimes they get into those areas where there is not enough information created on the definition, one of the vendors said it was not defined within the bid package and that is when ambiguity arose. Mr. Ross said Bobcat of Mobile was the lowest bidder, but the dispute arose over the attachment and the definition was not sufficiently described in the bid documents so that all bidders would have a clear understanding. President Hudson asked if they needed to decide whether or not the equipment is needed and if it is needed would they need to authorize a rebid and would the definition problem be resolved? Mr. Ross said correct. He said Mr. Jernigan’s company met the bid criteria as it was presented, but another vendor asked questions about the definition. Mr. Ross said the bid is okay to rebid with the clarification if that is what Environmental Services Department wants to do. He asked Mr. Melton if that was a fair overview of the situation? Mr. Melton said yes, except they have done four (4) rebids for this item and each time a vendor contested the results. He said because it is federal money in itself lends to a circumstance of uncomfortableness in having to deal with the Inspector General and for the County’s best interest he has chosen not to rebid the item. Mr. Melton said the window of opportunity of use for the equipment has come and gone and if they could use the equipment in the future at that time they would revisit the subject. President Hudson told Mr. Melton in future endeavors make sure the definitions are concise and accurate. She said it is an inconvenience for those companies who bid and because of legal issues with definitions the bids are rejected. President Hudson told Mr. Jernigan that she understands his concerns about the bid and she apologized for the inconvenience, but she said Mr. Melton has told the Commission the equipment is no longer needed by the January 23, 2012 County and would not be purchased at this time. Mr. Jernigan said his equipment is the only one that meets the U. S. Forestry Package for the type of environment it would be used in. He said it was not until after Mr. Melton told his company that the equipment was no longer needed that the company in Pensacola, Florida, was contacted and directed to pick up the attachment to make sure it fits their equipment and they are now waiting to receive the County’s Purchase Order (P.O.). Mr. Jernigan said he wants to emphasize to the Commission that after Mr. Melton told him the equipment was no longer needed, someone from his office contacted the company in Pensacola, Florida, and directed them to come and pick up the attachment to make sure it attaches to their piece of equipment.