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Date
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June 9, 2008
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Agenda
Item No. 78 Roll
Call No. 08-
Communication No. 08-346 Submitted by:
Richard A. Clark, City Manager |
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AGENDA
HEADING:
Accepting
report of Hearing Officer on appeal of Evaluation and Selection Committee
recommendation for Request for Proposals (RFP) for Single-Stream Recyclables
Processing, rejecting all proposals, and directing the City Manager to examine
and recommend a new competitive process for single-stream recyclables
processing.
SYNOPSIS:
Accepting report
of Hearing Officer and affirming the decision to overrule the objections of
Recycling, Inc. regarding bias on the part of the RFP Evaluation and Selection
Committee; rejecting all three proposals submitted; and directing the City
Manager to examine and recommend a second competitive process to be used as the
City continues to pursue single-stream recyclables processing. Metro Waste Authority (MWA) is considering
the issuance of a similar RFP for metro-wide service outside
FISCAL
IMPACT: NONE
Amount: N/A
Funding Source: N/A
ADDITIONAL
INFORMATION:
On April 29, 2008, following a competitive Request for Proposal process,
the City’s Procurement Administrator announced the recommendation of the
Evaluation and Selection Committee (Committee) for Residential Recycling
Processing Services was to approve MidAmerica Recycling to be awarded the
contract. On April 30, 2008, Recycling,
Inc. filed a written appeal of that recommendation with the City Manager. The City Manager appointed the Deputy City
Manager as the Hearing Officer for this matter, and an administrative hearing
was held on May 12, 2008.
Recycling, Inc’s. appeal was based on two claims. The first was that Public Works staff members
of the Committee were biased against their company because they did not accept
and consider the “supplemental information” provided to them at the vendor
interview. The second claim was that Committee
members exhibited apparent bias because they awarded one point for local
preference to MidAmerica Recycling, even though MidAmerica Recycling was owned
by a parent company located outside
Following the Hearing Officer’s review of the written record and
testimony presented at the hearing, the Hearing Officer’s decision was to
overrule the appeal of Recycling, Inc. due to the fact that Recycling, Inc.
failed to prove bias on the part of the Committee or any of its members, and
the fact that MidAmerica Recycling’s East Market Street location was determined
to be a headquarters under the definition in the City’s Procurement Ordinance.
Apart from the appeal itself, there were some flaws noted in the RFP
process that led to a recommendation to reject all proposals and identify a new
process that would lead to the selection of the best recyclables processing
provider. The selection of a second competitive process
will be important due to the proposals received in the initial process having
been made public. With MWA preparing to
issue a similar RFP for recyclable processing in the metro area, it would be
prudent for the City to consider the issuance of a joint RFP.
PREVIOUS
COUNCIL ACTION(S):
Date: February 25, 2008
Roll Call
Number: 08-317
Action: Issuance of Request for
Proposals (RFP) for single-stream recyclables processing. (Council
Communication No. 08-081)
Moved
by Hensley to adopt; refer to the City Manager to schedule a Council workshop
to discuss solid waste and recycling.
Motion Carried 7-0.
Date: December 3, 2007
Roll Call
Number: 07-2308
Action: Amendment to Recyclables Processing Services
Contract with Mid America Recycling, Inc. for adjustment of prices. (Council Communication No. 07-714) Moved by Vlassis to adopt. Motion Carried 7-0.
Date: December 4, 2006
Roll Call
Number: 06-2387
Action: Amendment to Recyclables Processing Services
Contract with Mid America Recycling, Inc. for new per ton recyclable material
prices payable to the City. (Council Communication No. 06-765) Moved by Coleman to adopt; refer to the City
Manager to look for ways the City can promote recycling. Motion Carried
6-0.
BOARD/COMMISSION
ACTION(S): NONE
ANTICIPATED
ACTIONS AND FUTURE COMMITMENTS:
Approve alternative competitive process to select Recyclables Processing
contractor.
For more information on this and other agenda items,
please call the City Clerk’s Office at 515-283-4209 or visit the Clerk’s Office
on the second floor of City Hall,