Attorney consultation pursuant to Section 551.071(1)-(2), Texas Gov't Code, to receive legal advice and counsel in connection with proposals for commercial and industrial solid waste collection services requested under RFP#CIS-47-0917, threatened litigation regarding the proposal process, and related legal issues pertaining to the City's rights, duties, privileges, and obligations. (City Manager’s Office – 15 mins.) Agenda item for Tuesday's city commission meeting.
SUMMARY OF TIMELINE
OF EVENTS
Date Event
11/18/17 REDFISH RECYCLING, INC. (“REDFISH”) Submitted
Response
to Request for Proposal
No. CIS-47-0917 concerning the Term
Contract for Commercial
and industrial Solid Waste Collection
Services for the City of
Brownsville (the “RFP”)
3/19/18 Received
letter from CITY OF BROWNSVILLE (“COB”) stating
REDFISH was the highest
ranked proposer and was asked to submit
additional information
to verify REDFISH was “responsive and
responsible” in order to
proceed with negotiation of contract.
REDFISH
submits responses to
satisfy COB’s request for additional information.
4/19/18 Received draft contract from the COB
for review
with the specifications
changed
4/20/18 Negotiation Meeting Held with
REDFISH President, DEAN
PUTEGNAT (“PUTEGNAT”),
REDFISH Vice-President,
KENT LONGLEY
(“LONGLEY”), COB Purchasing Director
ROBERT LUNA (“LUNA”) and
Purchasing Agent JOSE PEREZ
(“PEREZ”). COB agreed to change the contract specifications
back to
what was presented in
the RFP. PUTEGNAT sent email communication
summarizing
what was discussed at the Negotiation Meeting
as
requested by COB
5/14/18 Despite the agreement reached by the
parties at the Negotiation Meeting,
the COB presented REDFISH
with a “final” contract with the COB’s
changes to the original
specifications contained in the RFP still
included therein to sign
and return within two (2) days. These
unilateral
and material changes
made by the COB to the contract resulted in a
greater than $61.0
MILLION difference from the contract that was
presented in the RFP.
5/15/18 REDFISH sent various emails and made
various telephone calls
to the COB’s Purchasing
Department requesting a meeting to discuss
the unilateral changes
to the contract and clarify any miscommunication
between the parties 6
5/16/18 PUTEGNAT receives the following response
from LUNA regarding
previous requests for a
meeting: “We are in receipt of your email
dated on May 15, 2018 and
have reviewed your request. At this
time,
the timeline previously stated
[Thursday May 17, 2018 @ 2pm]
is still in effect.” Additionally, LUNA continued to advise that
all
communication should be directed
only through the purchasing office
and any attempt to
communicate with other city representatives may be
interpreted as lobbying
5/17/18 REDFISH Attorney C. FRANK WOOD (“WOOD”)
sent letter to
LUNA advising of issues
and concerns with COB’s actions in
unilaterally altering
the RFP, acceptance of original contract as
presented in the RFP,
and due process issues with the procedure
being followed by the COB
throughout the RFP process
5/22/18 PUTEGNAT has telephone conversation
with PEREZ attempting
to explain why the COB’s
unilateral changes to material aspects of
the RFP made it such
that no company could accept those terms
and perform at a
profitable level. PUTEGNAT sent email
communication summarizing
said telephone conversation
5/22/18 REDFISH retains procurement law
expert, attorney JEFF CHAPMAN (“CHAPMAN”),
with the Chapman Law Firm of Austin, Texas
5/25/18 CHAPMAN sent letter to LUNA concerning
procurement law
with respect to material
changes in the specifications of a request
for proposal after
responses to the request have been received and
highest ranked proposer
has been selected
5/25/18- REDFISH called COB Purchasing
Department twice a week in an
6/14/18 effort to schedule a meeting or
obtain a response
6/14/18 REDFISH again sends email requesting
a meeting with the COB
to discuss RFP after receiving
no response to CHAPMAN’s
initial letter
6/15/18 REDFISH has last meaningful communication
with the COB
wherein LUNA advises
PUTEGNAT that he will not longer
communicate with him
because “a lawyer is involved, so now
your lawyer has to talk
to our lawyer”
6/15/18- WOOD attempts to contact interim COB
Attorney TIMOTHY
7/17/18 SAMPECK to schedule a meeting, but
receives no response
6/20/18 REDFISH sent a spreadsheet
illustrating the effect on the Franchise
Fee with CPI increases
versus no CPI increases to the COB
7/17/18 CHAPMAN sent letter to acting COB
attorney CHARLIE ZECH
(“ZECH”) with Denton
Navarro Rocha Bernal & Zech P.C. requesting
a meeting with the City
Manager to discuss the RFP, problems with the
COB’s unilateral change
in the terms of the RFP, and the unorthodox
procedure being followed
by the COB
8/21/18 CHAPMAN sends email to ZECH again
requesting a meeting
with the City Manager
and regarding the COB’s lack of responsiveness
to any inquiries and
requests for communication
8/22/18 CHAPMAN receives an email response
from ZECH that the City
Manager informed ZECH he
expects the “issue” to be placed on
an upcoming City
Commission Agenda, and “very likely the first
[City Commission]
meeting in September”
8/22/18 CHAPMAN receives last meaningful
communication from ZECH
or anyone else on behalf
of COB
11/2/18 PUTEGNAT, LONGLEY and WOOD meet with
newly hired
City Attorney, RENE DE
COSS (“DE COSS”), to discuss concerns
with the procurement
process and actions of the COB
11/8/18 REDFISH discovers the COB had commenced
negotiations with second
highest ranked bidder
some months prior and without sending notice of
same to REDFISH
12/7/18 REDFISH receives correspondence from
LUNA stating the COB is
again altering the
material terms of the RFP. However,
these new
proposed changes were
different from the COB’s prior changes and
could be agreed upon by
REDFISH
12/17/18 REDFISH submits its Best and Final
Offer to the COB in response to
LUNA’s December 7, 2018 correspondence,
accepting all of the latest
changes by the COB
without reservation or limitation
2/5/19 CITY
COMMISSION holds Executive Session and then votes to accept
staff’s recommendation
as made in Executive Session without any
presentation or
discussion of said item
2/5/19 REDFISH discovers the COB has
purportedly awarded the Term
Contract for Commercial
and Industrial Solid Waste Collection
Services to the second
highest ranked bidder, REPUBLIC SERVICES
2/6/19 REDFISH files Notice of Protest
with the COB supported by this
Timeline of Events and
Exhibits 1-17 (attached hereto without exhibits)
2/22/19 LUNA sends REDFISH a response to the
Notice of Protest
2/26/19 Meeting held with DE COSS, COB
Manager NOEL BERNAL
(“BERNAL”), PUTEGNAT and
WOOD to discuss protest
3/11/19 CHAPMAN sends Correspondence to DE
COSS to recap telephone
conference, explain
COB’s violations of applicable procurement law,
re-iterate REDFISH’s
financial capabilities.
16 comments:
That's hilarious. I don't in no way think Tiger Woods deserves to be awarded the Medal of Freedom, but it's so Trump to hi-jack Wood's moment. It pretty much cheapens the award. If anybody disagrees, I'd really like to know their reasoning. BTW, I'm a Conservative and not a Trump basher, but I question this move. He won a golf tournament, not solved Middle East peace.
Like Richard Branson said...
If you your tasked with an opportunity you don't know how to do - take it and learn later... He created Virgin Atlantic.
Or you can go the other route - if you don't have the experience, you can't have it.. Thats Juan Montoya's way.. he created ElRrun Rrun,
Who would you listen to?
Another model laundry? They were there for a very long time without bidding.
Sounds like the makings of a lawsuit, because the people at the city are simply stupid.
CM Bernal do what is right for the community and not local politicians, so are you going to pull them pistols or whistle Dixie?
This is what happens when you have incompetent yes-men in Purchasing. Looks like things haven't changed with the new city manager.
It sounds like Mr. Luna was pulling for somebody else and tried to railroad the contract.
someone clarify...
Who got the bid?
total Copy & Paste. Lazy today, Montoya? LOL
Juan i have to agree with 7.35 am, looks like we got ourselvess a disappointing NEW CITY MANAGER in NOEL BERNAL, vale caca
Corporate welfare recipients
Small towns normally don't go out on bids that's where the new city manager comes from SMALL TOWNS...
Vote everybody out this is bull shit
What ever happened to the dam they closed some years back and the city I think took legal action to open the dam.
Looks like a wonderful city hall Royal goof up, from purchasing all the way up to the new CM NB, remember small towns dont put this out for bids, they just give it to their compadres, nice lawsuit coming around the corner. out of my way loco, what was Noel Bernal thinking? Or was he set up by those boys over at the purchasing dept? MMM? makes you think about it right?
@April 15, 2019 at 2:57 PM
You are the joke racist republican
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