TO:                                           Honorable Mayor & Members of the North Port Commission
 
FROM:                      A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
 
TITLE:                     Ratification of City Manager's Use of Emergency Authorization to Enter Into a Contract With ZEP Construction, Inc. for Repair Services of Water Control Structure No. 106 Located on Cocoplum Waterway West of North Port Boulevard Under Purchase Order No. 49577 in an Amount Not to Exceed $524,790.00.
 
Recommended Action
 
Ratification of City Manager's use of emergency authorization to enter into a Contract with ZEP Construction, Inc. for repair services of Water Control Structure No. 106 located on Cocoplum Waterway west of North Port Boulevard under Purchase Order No. 49577 in an amount not to exceed $524,790.00.
 
Background Information
 
On September 23, 2022, Florida Governor Ron DeSantis issued Executive Order Number 22-218, declaring a state of emergency for 24 counties, including Sarasota County due to Tropical Depression Number Nine, which became Hurricane Ian.  On September 24, 2022, Governor DeSantis issued Executive Order Number 22-219, amending Executive Order Number 22-218 and expanding the state of emergency to the entire State.  On November 1, 2022, Governor DeSantis issued Executive Order Number 22-268, renewing the state of emergency for an additional sixty (60) days.
 
On September 26, 2022, the City Commission adopted Ordinance No. 2022-30, declaring a local state of emergency and granting emergency authority to the City Manager.  In his emergency authority, the City Manager entered into the following purchase order and attachments, which constitute a legal Contract.  The City Manager requests that the City Commission ratify this Contract approval.
 
•                     Purchase Order #49577 and Contract attachments with Zep Construction Inc. for Repair Services of Water Control Structure (WCS) No. 106 in the amount $524,790.00. Stormwater and wind from Hurricane Ian caused significant erosion around WCS No. 106 and an adjacent parking lot. Emergency repair services were secured to restore the eroded area to support proper function of the WCS and to prevent further damage to the surrounding area. 
 
Strategic Plan
 
Infrastructure & Facilities Integrity
 
Financial Impact
 
Funding in the amount not to exceed $524,790.00 was provided from existing appropriations in Fiscal Year 2023 Road and Drainage District Budget, account number 107-5000-541.63-00, CIP Project Number IAN22.  A budget amendment will follow to restore funding for urgent needs in Fiscal Year 2023.
 
Procurement
 
These services were procured in accordance with Sec. 2-408 of the Procurement Code - Emergency Procurement, Local State of Emergency Ordinance No. 2022-30 and Federal Emergency Management Agency (FEMA) Guidelines for Emergency/Exigency Procurements.
 
Attachments:
1.                     Emergency Term Forms
2.                     Non-Competitive Procurement Justification - Phase 1
3.                     Non-Competitive Procurement Justification - Phase 2
4.                     Procurement Summary Memorandum - Phase 1
5.                     Procurement Summary Memorandum - Phase 2
6.                     Purchase Order
7.                     Emergency Procurement Request
8.                     Florida Division of Corporations Document
 
 
 
 
 
Prepared by:                                            Garrett Woods, Business Manager
 
Department Director:                       Chuck Speake, Public Works Director