Suwannee Democrat

Suwannee Democrat

Discussion

November 9, 2012

OMI contract to be discussed at city council meeting Tuesday

Bryant Thigpen Suwannee Democrat

Live Oak — On Tuesday, Oct. 9 at a city council meeting, the panel voted 4-1 to terminate the contract with OMI pending further legal review. This item is on the agenda for the city council meeting this Tues., Nov. 13, to further review its options.

OMI is the company that performs the city’s public works duties.  The current contract binding the city and OMI was signed into effect on March 18, 2010 and was renewed for five years.

Some of the biggest concerns from the council was addressed in a letter written to OMI by the city regarding the upkeep of the two city cemeteries in which OMI maintains, cleanliness of the streets and garbage that has piled up along roadways. After the company received the complaints, they did respond and the work crews have performed their duties, according to the board. However, the company is requesting a large sum of money in overtime fees for their employees that the council members say they shouldn’t have to pay. Those fees are still being negotiated.

Prior to a meeting that was held on Oct. 11, Sellers spoke with the attorney representing OMI regarding the possible termination. Sellers then said the attorney informed him that “he felt like OMI should be entitled to a 30 day notice with a reasonable opportunity to hear any problems and they feel like they haven’t been provided with that.”

Sellers asked the attorney what it was going to cost, or what do they contend they are owed, if anything, as a result of this termination. 
“He said that they regarded the termination notice is not consistent with the rights under the contract and believes that the record of the meetings and all show that they are in compliance,” Sellers said. “But more importantly, he said, ‘if you’re going to terminate it, that they would have some substantial costs that would approach.’ A million dollars that they would be looking for.”

According to Chairman Adam Prins, City Attorney Erny Sellers has reviewed the case. “While we had many verbal meetings take place, and many of which were documented, we did not notify them [OMI] in writing as deficiencies were discovered,” Prins said. “Consequently, we didn’t document it well enough for it to be a breech of contract.”

A final decision could be made at the next meeting at city hall on Nov. 13. The city still currently operates under the contract.

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