Troy Schulte responded they will get a letter to the County Legislature
and he believes the amount is $70.4 million as indicated in a report
received from the Finance Department today. Mr. Abarca asked what
happens to the interest earned from ARPA funds. Troy Schulte
responded that interest earned flows to the General Fund since they are
not earmarked and unrestricted dollars. He believes there was $8 million
earned in 2023.
Sean E. Smith, County Legislator, asked with regards to the at risk
manager, is the County doing things that expose us to potential liability.
Troy Schulte said the risk component is if there is a price overrun in the
project they bear the risk under this contractual arrangement because
they have a finite amount of money to construct the project. If they are
unable to construct within the determined amount, they are responsible
for anything over that amount.
Donna Peyton, County Legislator, asked about the responsible bidder
ordinance as it pertains to these construction projects. Troy Schulte said
part of the requirement is that any of the selected entities would need to
comply with the current responsible bidder ordinance. Ms. Peyton said
Whitney Miller had indicated that we were close to having some
resolution with regards to the responsible bidder ordinance approximately
a month ago. Whitney Miller said she presented a draft of some potential
language and is waiting for a reply. The draft was sent to the legislative
subcommittee which included Legislators Marshall, McGee and
Anderson. She has not checked for a reply from them in the last week.
Whitney Miller said she would hope to have it to the Legislature shortly.
Manuel Abarca IV asked with regards to the responsible bidder ordinance
(RBO), what is the status of the disparity study. Sylvya Stevenson, Chief
Administrative Officer, replied that the Administration is waiting for the
County Counselor's office to prepare the contract for Colleen Holt and
Associates so work can begin. Ms. Holt is the attorney and her firm
specializes in government contract compliance. Ms. Stevenson said they
will be doing a construction availability study at an approximate cost of
$49,000.00. Mr. Abarca asked if it will encompass both workforce and
MBE/WBE. She responded it will not cover work force but will include
Diversity Business Enterprise (DBE). Troy Schulte said the County does
not have any requirements on workforce. He said we apply a workforce
participation requirement on the detention center but there is a MBE/WBE
goal setting and DBE/VBE process. Ms. Holt will be tasked with looking at
the requirements either with an existing RBO or revised RBO as to the
impact. Mr. Abarca restated that it is Mr. Schulte's opinion that the County
should do a workforce ordinance first that would trigger studies about the
workforce, to make sure it is being followed. Mr. Schulte said the County
has usually adopted Kansas City, Missouri's workforce on larger projects.
If the County wanted to consider a workforce participation ordinance it
would be a good starting point. Mr. Abarca suggested this should be a
priority. He asked when the contract would be drafted. Whitney Miller said
she will do her best.