Meeting Type: BCC Regular Meeting
Meeting Date: 7/5/2023
Item Status: New
From: Roger H. Rendleman, County Administrator; Brian L. Underwood, Grants Director
Submitted by: Anna Buford, Grants Administrator
______________________________________________________________________
ITEM TITLE
Title
Resolution #2023-139 - Repealing and Rescinding the Allocation of ARPA Funds and Terminating the AIA Agreement with PH&J Architects, Inc. for Architectural Services for the Bay Minette Courthouse Outdoor Atrium Project
End
STAFF RECOMMENDATION
Recommendation
Take the following actions:
1) Adopt Resolution #2023-139 which repeals and rescinds Resolution #2023-120 adopted by the Baldwin County Commission on May 16, 2023, which allocated up to $948,830.00 of American Rescue Plan Act (ARPA) funds for the Baldwin County Courthouse Outdoor Atrium Project; and
2) Terminate the AIA Agreement for architectural services with PH&J Architects, Inc., for the design of the Baldwin County Courthouse Outdoor Atrium located in Bay Minette, Alabama, approved by the Baldwin County Commission during its May 16, 2023, regular meeting (Agenda Item GA3) and authorize the Chairman to execute a Notice of Termination letter to PH&J Architects, Inc., as required in Article 9 of the Agreement, said termination effective July 13, 2023.
End
BACKGROUND INFORMATION
Background: The Commission adopted Resolution #2023-120 of the Baldwin County Commission allocating up to $948,830.00 of ARPA funds for the Baldwin County Courthouse Outdoor Atrium Project and approved the AIA Agreement for architectural services with PH&J Architects, Inc., during the May 16, 2023, meeting. The Commission directed staff during the June 20, 2023, Work Session to submit an agenda item canceling the AIA Agreement with PH&J Architects, Inc., that was made as of the 6th day of February in the year 2023 for the design of the Courthouse Covered Entryway at the Baldwin County Courthouse located in Bay Minette. The Commission is evaluating other potential uses for the property at the Baldwin County Courthouse. The AIA Agreement states under Article 9 - Termination or Suspension section “Either party may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause”.
Previous Commission action/date:
June 20, 2023 - The BCC approved the following projects: 1) Approve the specifications and authorize the Purchasing Director and Architect, LaBella Associates, to place a competitive bid for the Purchase and Installation of Five (5) New Roof Top HVAC Units at the Probate Judge’s Building located in Bay Minette and authorized authorize the Chairman/Purchasing Division Commissioner for the Baldwin County Commission to approve any necessary addendums or clarifications if required after the bid is advertised. 2) Approve the final design of the Baldwin County Material Recovery Facility Building and authorize the Purchasing Director and Engineer for LaBella to bid the project once specifications are completed and approved.
June 6, 2023 - The BCC approved the following projects: 1) Approved and authorized the Chairman to execute the Pre-award Authorization Letter to Perdido Bay Water, Sewer & Fire Protection District for the ARPA-funded Perdido Bay Boros Road Water/Sewer Infrastructure Project. 2) Approved the adoption of Resolution #2023-132 allocating $16,087.02 of ARPA Revenue Replacement Funds for the purchase and installation of new doors at the Baldwin County Revenue Commission Building in Bay Minette, and allocated $17,800.00 of ARPA Revenue Replacement Funds for the purchase and installation of new doors at the Baldwin County Reappraisal Building in Robertsdale, and authorized the Purchasing Director to issue a purchase order in the amount of $7,664.95 of ARPA Revenue Replacement funds for access control equipment for the doors. 3) Approved the adoption of Resolution #2023-130 allocating $1,000,000.00 of ARPA funds for the Town of Summerdale Water Tower project. Executed the sub-recipient agreement with the Town of Summerdale. 4) Approved the adoption of Resolution #2023-131 allocating $1,000,000.00 of ARPA funds for the Town of Silverhill Water Tower project. Executed the sub-recipient agreement with the Town of Summerdale.
May 16, 2023 - The BCC approved the following projects: 1) Approved the allocation of “real” American Rescue Plan Act (ARPA) funds in the amount of $99,361.00 to cover prior COVID-19 related expenses for Symbol Health Clinic claims and Blue Cross Blue Shield of Alabama / MedOne healthcare claims from January 1, 2023, through March 31, 2023. 2) Approved the adoption of Resolution #2023-118 allocating 1.5 million dollars of ARPA funds for Drainage Improvements along Faircloth Road and permission to advertise. 3) Approved the adoption of Resolution #2023-120 allocating up to (but not to exceed) $948,830.00 of ARPA funds for Bay Minette Courthouse Outdoor Atrium, and 6.5% of the construction cost for the design of the Bay Minette Courthouse Outdoor Atrium.
May 2, 2023 - The BCC approved the following projects: 1) Approved the allocation of “real” American Rescue Plan Act (ARPA) funds in the amount of $12,006.43 to cover direct administrative costs for Baldwin County Commission staff from January 1, 2023, through March 31, 2023. 2) Approved the allocation of up to $317,400.00 of ARPA Revenue Replacement Funds to Baldwin County Eastern Shore Health Care Authority for the implementation, setup, and training expenses of a crisis alert system. 3) Approved the Competitive Bid #WG23-17 - Outfit the Magnolia Material Recovery Facility for the Baldwin County Commission change order in the amount of $181,953.00 with Green Machine Sales, LLC. 4) Approved Resolution #2023-110 allocating $569,305.94 of ARPA Revenue Replacement funds for the purchase of a 2R 250-84 2x50 Horsepower Two Ram Baler for Recycle Facility.
April 18, 2023 - The BCC approved the following projects: 1) Approved to develop a Resolution increasing the Turberville Lane Drainage Improvements budget by $233,750.97 out of unallocated ARPA funds, due to bids exceeding initial project budget. 2) Adopted Resolution #2023-063 allocating ARPA funds for Baldwin County BOE Building Ventilation System Improvements. 3) Adopted Resolution #2023-064 allocating ARPA funds for Baldwin County Fairhope Satellite Courthouse Ventilation System Improvements.
April 4, 2023 - The BCC approved the following projects: 1) Approved and authorized the Chairman to execute the pre-award letter to the City of Loxley for completion of the sub-recipient pre-award questionnaire for the ARPA-funded Water Capacity Improvements Project. 2) Approved the allocation of American Rescue Plan Act (ARPA) funds in the amount of $12,135.33 to cover legal costs incurred by the Baldwin County Commission through Stone Crosby, P.C. from January 1, 2023, through March 31, 2023. 3) Adopted Resolution #2023-065 of the Baldwin County Commission allocating up to $695,346.00 of ARPA funds to AltaPointe Health for the Assisted Outpatient Treatment Program; and approved and authorized the Chairman to execute the sub-recipient contract with AltaPointe Health.
March 7, 2023 - The BCC approved the following project: 1) Awarded Bid #WG23-17 - Outfit of the Magnolia Material Recovery Facility to the lowest bidder, Green Machine Sales, LLC, in the total bid amount of $3,656,805.00 as per the Award Listing and authorized the Chairman to execute the Contract.
February 24, 2023 - The BCC approved the following projects: 1) Approved and authorized Chairman to execute the conditional award letter to the CARE House, Inc. (Baldwin County Child Advocacy Center); and adopted Resolution #2023-067 of the Baldwin County Commission allocating up to $51,815.00 of “real” ARPA funds to the CARE House to mitigate financial hardship caused by the COVID-19 pandemic. 2) Approved the Implementation Policies and Procedures for Nonprofit Assistance Projects using ARPA Funds; and adopted Resolution #2023-068 of the Baldwin County Commission for adoption of the Implementation Policies and Procedures for Nonprofit Assistance Projects.
February 7, 2023 - The BCC approved the following projects: 1) Approved and authorized staff to pay Gulf Coast Media for the Public Meeting Legal Notice in the amount of $240.56 of ARPA Revenue Replacement funds; and adopted Resolution #2023-056 of the Baldwin County Commission allocating up to $300,000.00 of ARPA Revenue Replacement funds to the South Baldwin Workforce Development Authority; and approved and authorized the Chairman to execute the Agreement between the Baldwin County Commission and the South Baldwin Workforce Development Authority for ARPA funding to support an economic development project. 2) Approved the allocation of “real” American Rescue Plan Act (ARPA) funds in the amount of $77,439.00 to cover prior COVID-19 related expenses for Symbol Health Clinic claims and Blue Cross Blue Shield of Alabama / MedOne healthcare claims from October 1, 2022, through December 31, 2022. 3) Adopted Resolution #2023-059 of the Baldwin County Commission allocating up to $317,400.00 of ARPA Revenue Replacement funds to the Baldwin County Eastern Shore Health Care Authority for the implementation, setup, and training expenses of a crisis alert system in Baldwin County Infirmary Health facilities. 4) Approved the Implementation Plan for Water and Sewer Infrastructure Projects using ARPA Funds; and adopted Resolution #2023-057 of the Baldwin County Commission for adoption of the Implementation Plan for Water and Sewer Infrastructure Projects. 5) Approved and authorized Chairman to execute the pre-award letter to the Town of Silverhill for completion of the sub-recipient pre-award questionnaire for the ARPA-funded Water Tower Project. 6) Approved and authorized Chairman to execute the pre-award letter to the Town of Summerdale for completion of the sub-recipient pre-award questionnaire for the ARPA-funded Water Tower Project. 7) Approve and authorize Chairman to execute the pre-award letter to AltaPointe Health for completion of the sub-recipient pre-award questionnaire for the ARPA-funded Assisted Outpatient Treatment Program.
January 17, 2023 - The BCC approved the following projects: 1) Approved the allocation of “real” American Rescue Plan Act (ARPA) funds in the amount of $18,564.09 to cover direct administrative costs for Baldwin County Commission staff from October 1, 2022, through December 31, 2022. 2) Approved and authorized the Chairman to execute the AIA Professional Services Contract with PH & J Architects, Inc., in the amount of 6.5% of the construction cost for the Design of Protective Partitions in various Baldwin County Commission facilities. 3) Approved the allocation of interest earned from the American Rescue Plan Act (ARPA) funds in the amount of $10,084.00 to East Central Baldwin County Water, Sewer, and Fire Protection Authority for the Lehman Road project; and approved payment to the East Central Baldwin County Water, Sewer, and Fire Protection Authority in the amount of $10,084.00 for the Lehman Road Project; and adopted Resolution #2023-039 of the Baldwin County Commission allocating up to $10,084.00 of interest earned from the American Rescue Plan Act (ARPA) funds to East Central Baldwin County Water, Sewer, and Fire Protection Authority for the Lehman Road project. 4) 1) Rejected all the proposals received for the Request for Proposals (RFP) for the Engineering of Magnolia Material Recovery Facility Equipment Design, Procurement, and Installation; and authorized the Purchasing Director to advertise the competitive bid as required in Code of Alabama Title 39 Public Works Law, or Title 41 Competitive Bid Law, after final approval of the appropriate statute and bid documents by the Association of County Commissions of Alabama (ACCA) and the County Attorney.
December 20, 2022 - The BCC approved the following projects: 1) Approved Resolution #2023-041 - Allocation of American Rescue Plan Act (ARPA) Revenue Replacement Funds for the Lexipol, LLC, Law Enforcement Training in the amount of $69,995.80. 2) Approved Resolution #2023-042 - Allocation of American Rescue Plan Act (ARPA) Revenue Replacement Funds to the Historic Blakeley State Park Authority in the amount of $46,000.00. 3) Approved Resolution #2023-043 - Allocation of American Rescue Plan Act (ARPA) Funds for the Surfside Shores Drainage Improvement Project in the amount of $2,763,273.00. 4) Approved Resolution #2023-044 - Allocation of American Rescue Plan Act (ARPA) Funds for the Turberville Bank Water Infrastructure Project in the amount of $700,734.00. 5) Approved Resolution #2023-045 - Allocation of American Rescue Plan Act (ARPA) Revenue Replacement Funds for Novelis South Access Road Construction in the amount of $1,000,000.00. 6) Approved the Fund Allocation Application to the U.S. Department of the Treasury for the Local Assistance and Tribal Consistency Fund (LATCF). 7) Approved the Quote for Architectural Services for a Feasibility Study to Scope the Design and Installation of Touchless Upgrades to Various Baldwin County Commission Facilities in the amount of $14,200.00 with PH&J Architects, Inc. 8) Approved the Quote for Architectural Services for a Feasibility Study Relating to a New Mental Health Holding Area at the Baldwin County Corrections Center Located in Bay Minette, Alabama for the Baldwin County Commission in the amount of $5,000.00 with PH&J Architects, Inc. 9) Approved the Quote for Architectural Services for a Feasibility Study Relating to a New Mental Health Holding Area at the Baldwin County Juvenile Detention Center Located in Bay Minette, Alabama for the Baldwin County Commission in the amount of $1,500.00 with PH&J Architects, Inc. 10) Approved the Purchasing Director to place a competitive bid for the Surfside Shores Drainage Improvements Project. 11) Approved the Purchasing Director to place a competitive bid for the Turberville Lane Drainage Improvements Project.
December 5, 2022 - Awarded the quote to the lowest bidder, One Cut Glass, LLC, in the amount of $49,327.00 for the Purchase and Installation of Partitions in the Building Inspection Department located at the Central Annex in Robertsdale, Alabama, and authorized the Chairman to execute the Contract for Public Works Services and Certificate of Compliance for Public Works Services.
November 1, 2022 - The BCC approved the following projects: 1) Approved the allocation of “real” American Rescue Plan Act (ARPA) funds in the amount of $50,460.00 for the installation of partitions at the Council on Aging Vaughn S.A.I.L. Center ($1,133.00) and the Building Inspection Department located at Central Annex in Robertsdale, Alabama ($49,327.00); 2) Approved the allocation of “real” American Rescue Plan Act (ARPA) funds in the amount of $37,149.65 to cover direct administrative costs for Baldwin County Commission Staff through September 30, 2022; 3) Approved the allocation of “real” American Rescue Plan Act (ARPA) funds in the amount of $91,400.00 to cover prior COVID-19 related expenses for Symbol Health Clinic claims and Blue Cross Blue Shield of Alabama / MedOne healthcare claims from July 1, 2022, through September 30, 2022.
October 18, 2022 - The BCC adopted Resolution #2023-012 allocating up to $70,000.00 in American Rescue Plan Act (ARPA) funds to provide ventilation system improvements to mitigate the spread of COVID-19 at the Bay Minette Probate Office located at 220 Courthouse Square, Bay Minette, Alabama; and authorized the Professional Services Agreement between Labella Associates D.P.C. for architectural and engineering (A&E) costs associated with full architectural and design services related to the ventilation system improvements for the Bay Minette Probate Office. This item was previously pulled from the October 4, 2022 agenda.
October 4, 2022 - Staff pulled item 23-0008 due to the Professional Services Agreement pending legal review.
September 6, 2022 - The BCC adopted Resolution #2022-163 amending Resolutions #2022-102 (as previously approved on 06-07-2022) and #2022-158 (as previously approved on 08-16-2022) to eliminate and terminate Temporary Premium Pay (TPP) Payments for certain eligible exempt employees whose total wages and remuneration are greater than, or would become greater than as a result of TPP payments, 150% of the higher of Alabama’s or Baldwin County’s (i.e., Daphne-Fairhope-Foley MSA) average annual wage for all occupations as defined by the most recent Bureau of Labor Statistics’ (BLS) Occupational Employment and Wage Statistics (BLS Threshold), which at the time of Resolutions #2022-102 and #2022-158 was $72,165.00, to be effective immediately.
August 16, 2022 - The BCC approved terminating the appropriation of ARPA funds previously approved by resolution of the Commission, including funds appropriated by Resolution #2022-102 for a temporary premium pay program, effective December 31, 2022.
June 7, 2022 - The BCC approved the allocation of the following ARPA project:
To provide a Temporary Premium Pay Program to eligible County Commission and Baldwin County Sheriff’s Office employees as additional compensation, for the first full pay period of each month, effective July 4, 2022, in the amount of $8.66 per regular hour, and $12.99 per overtime hour. The monthly payments will be capped at $700.00 for full-time employees and $500.00 for part-time employees, with a lifetime cap of $25,000.00. TPP payments will include full-time employees and part-time employees only and will end on December 31, 2024, contingent upon the continued need to perform essential work during the COVID-19 public health emergency and continued appropriation and availability of ARPA funds for this purpose, subject to the Commission’s discretion. The approval also included funding from other County funds for those eligible exempt employees’ total wages and remuneration are greater than, or would become greater than as a result of TPP payments, $72,165 which is 150% of the higher of Alabama’s or Baldwin County’s (i.e., Daphne-Fairhope-Foley MSA) average annual wage for all occupations as defined by the most recent Bureau of Labor Statistics Occupational Employment and Wage Statistics.
January 18, 2022 - The BCC accepted ARPA funds for Lost Revenue due to COVID-19 pandemic: The Final Rule offered a standard allowance for revenue loss of $10 million, allowing recipients to select between a standard amount of revenue loss or complete a full revenue loss calculation. The standard allowance may be used for government services, with streamlined reporting requirements; however, this is a one-time irrevocable selection.
December 7, 2021 - The BCC approved the allocation of the following ARPA project:
Execute the Association of County Commissions of Alabama Investing in Alabama Counties Program Maintenance and Support Membership Agreement between the Baldwin County Commission and the Association of County Commissions of Alabama (ACCA) for participation in the Association’s Investing in Alabama Counties Program.
A flat fee of 6% on the first $7 million in funds to be received and 4% on any funds to be received in excess of $7 million, excluding funds designated as Revenue Loss as defined by Treasury’s Interim Final Rule. In no case, however, shall the fee be less than 3% of the total funds received by the County, regardless of the amount of funding designated as Revenue Loss.
December 7, 2021 - The BCC approved the allocation of the following ARPA project:
Temporary Premium Pay - To provide premium pay to eligible Baldwin County Commission and Baldwin County Sheriff’s Office employees as additional compensation in the amount of $12.50 per hour, up to $1,000.00, for full-time employees and $12.50 per hour, up to $725.00, for part-time employees. The designated pay period will be pay period ending December 19, 2021, to be paid concurrently with the regular payroll.
October 19, 2021 - The BCC approved the allocation of the following ARPA project:
Funds for air-surface hospital grade disinfectant backpack foggers:
Baldwin County Commission Facilities $141,898.20
Baldwin County Sheriff’s Office Facilities $37,872.50
Total Cost: $179,770.70
August 3, 2021 - The BCC approved the allocation of the following ARPA project:
Boros Road Bowl Est: $1,122,256.00
10% Contingency Est: $112,225.00
10% Administrative Costs Est: $112,225.00
Total Estimated Cost: $1,346,706.00
July 6, 2021 - The BCC approved the allocation of the following ARPA project:
Magnolia Landfill Recycling Facility Est: $5,500,000.00
10% Contingency Est: $550,000.00
10% Administrative Costs Est: $550,000.00
Total Estimated Cost: $6,600,000.00
June 15, 2021 - The BCC approved the allocation of the following ARPA projects:
COA Main Office COVID Upgrades Est: $11,875.00
Baldwin Together Case Manager Est: $25,000.00
Tyler Technologies Software Training Est: $28,000.00
Countywide Touchless Bathroom Equipment Est: $80,459.00
Set aside for Nonprofits Est: $100,000.00
Ionizer in Buildings Est: $175,000.00
Document Library Est: $285,000.00
BCSO Hazard Pay and Law Enforcement Est: $400,000.00
Motorola Projects (2) Est: $469,181.00
10% Contingency Est: $157,451.50
10% Administrative Costs Est: $157,451.50
Total Estimated Cost: $1,889,418.00
June 1, 2021 - The BCC approved the following action:
Agreement for Coronavirus State & Local Fiscal Recovery Funds, established by the American Rescue Plan Act of 2021 (ARPA), between the U.S. Department of the Treasury and the Baldwin County Commission, which was executed by the Baldwin County Commission Chairman, Joe Davis III, on May 18, 2021, and made part of the June 1, 2021, Baldwin County Commission regular meeting minutes.
February 2, 2021 - The BCC approved the following action:
Contract for Professional Services with Hagerty Consulting, Inc., for the Baldwin County Emergency Management Consulting and Contract Services for Response, Recovery, Mitigation, Preparedness, and Planning based on a time and materials cost with an initial cost not to exceed cost of $1,500,000.00. Task Order of $100,000 was issued for ARPA related tasks.
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
Yes,
Reviewed/approved by: Approval by County Attorney 06/21/2023.
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: N/A
Action required (list contact persons/addresses if documents are to be mailed or emailed): Upon approval of Resolution, Budget Director to make necessary un-allocation/transfer of funds. Finance and Accounting Staff delete project in Munis. Budget Staff to prepare budget transfer of allocated funds back to original account.
Administration to mail termination letter and copy of resolution to:
Attn: Mr. Patrick Addison
PH&J Architects, Inc.
807 S. McDonough Street
Montgomery, Alabama 36104
Additional instructions/notes: Administration upload resolution and inactivate contract effective July 13, 2023.