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.)
Why, people are asking, is the city commission - despite a majority vote in favor of it taken March 5 - placing an item on its Tuesday agenda rescinding a contract to Allied Waste?
The city's trash is literally worth millions. In the past, a five-year contract for commercial and industrial solid waste collection generated some $50 million for the best bidder.
This February 5, the city commission - after emerging from executive session - voted to proceed as discussed in the session on an item regarding economic development and that was to award the contract to Allied Waste. The service had been carried on a month-to-month basis by GMS Waste Disposal.
Insiders say that commissioner Ricardo Longoria, a GMS supporter in the past, said that despite his close personal friendship with its principals, had backed the Allied proposal because "it is the best interest of the city."
Now, the item on Tuesday's meeting agenda calls for:
"Consideration and appropriate ACTION, if any, to vacate the prior City Commission action taken at the meeting of March (sic) 05, 2019, purporting to award the waste services contract to a specific bidder. (City Manager’s Office).
Almost immediately after the award, one of the losing companies, Redfish Recycling, with close ties to the Putegnat family, filed a post award protest which in effect threatens legal action against the city if it goes forward with awarding the contract to Allied claiming the process was illegal and cost it the business.
Another item on the agenda calls for the commission to: reject all proposals, bids, and amendments submitted in response to RFP #CIS-47-0917" and order City Manager Noel Bernal to "to reject all proposals, bids, and amendments submitted in response to the RFP and "identify a qualified provider to provide commercial and industrial solid waste disposal services for the city..."
In other words, start the process all over again and rebid.
Can you believe this?
So, a company with ties to a powerful Brownsville family is angry it did not get the business and forces the city to repeat the process to see it it can get a different outcome that favors it? And closely related to that logic is the fact that if Martinez gets reelected this May and he forms a new majority, they my just go Redfish's way and award them the contract since the bidding process will drag out over months.
If the selection of Allied was carried out in compliance with the accepted and established procurement bidding process, why does it have to be repeated? You can just hear the thud of legal motions land in the courts with this one.
Dan Putegnat justifies the actions of the city with this explanation:
"Redfish was selected as the highest ranked bidder, but for reasons unknown, the City’s Purchasing Department recommended the second highest ranked bidder to the City Commission.
"It is believed this recommendation came with a biased presentation of the facts and without all the information available to the Commissioners. Accordingly, what appears the new City Management is attempting to do at Tuesday’s meeting is to correct the unlawful acts and violations of the procurement statutes by the Purchasing Department."
One aspect of bidding is the "responsible and responsive" requirement for a bidder to demonstrate it has the capital, equipment and experience to perform the work. Did Redfish? If not, the city may have been required to seek another vendor from among those wh answered the RFP.
Since it was notified after February 5 that it had been selected for the contract, Allied has invested in procuring equipment to service the contract, only to find out it might be rejected, after all. And now that the losing bidders know the winner's figures, will that give them an inside track on how to prepare their bids in the rebidding, if a majority of the city commission approves it?
Either way, the lawyers will make their money and the citizens will have to pay for them to defend itself.
"Either way we're going to get sued," said an administrator. "At least two members of the city commission want to bring it back and do it all over again and directed the city manager to put it on the agenda.
One aspect of bidding is the "responsible and responsive" requirement for a bidder to demonstrate it has the capital, equipment and experience to perform the work. Did Redfish? If not, the city may have been required to seek another vendor from among those wh answered the RFP.
Since it was notified after February 5 that it had been selected for the contract, Allied has invested in procuring equipment to service the contract, only to find out it might be rejected, after all. And now that the losing bidders know the winner's figures, will that give them an inside track on how to prepare their bids in the rebidding, if a majority of the city commission approves it?
Either way, the lawyers will make their money and the citizens will have to pay for them to defend itself.
"Either way we're going to get sued," said an administrator. "At least two members of the city commission want to bring it back and do it all over again and directed the city manager to put it on the agenda.
6 comments:
This stupidity taken to the extreme. Unless the city somehow screwed up the bidding process and is willing to say so publicly, give the contract to Allied and let Redfish sue if it wants to. This is dumb to go through the whole process again because a losing bidder is unhappy.
Time for City Management to grow some balls.
Its the same all over this country! Its who you know, connections and most of all political connections! Of course, political contributions to these "so-called representatives of the people," who direct contracts to certain groups or companies. We, the people think we are voting for those who will do the right thing BUT we don't care and thus will vote just to vote and there is those who just don't vote!
Huh, when will the "white hats," do what they're supposed to do and go after these dirty politicians? I know that some get caught BUT not enough!
Pos no que el NEW City Manager Noe Bernal was going to clean up the town? Guess the city commission is going to clean him up first, so much for a small town city manager, he knows how the game is played and he also knows that if he doesnt follow the city commission wishes he is out the door too. adios chato
Money money money let the ALL new elected city officials decide!!!
You are right, the city manager will try to make the right decision but the city commission/mayor steps in and tells him otherwise. It's like when he announced that the police chief would probably be selected from an external source, that decision didn't last long. It's my way or the highway here in COB POLITICS, unfortunetly.
Vote Cabler, he will fix it. Brownsville is like IRAQ. Lots of corruption and you need someone like Cabler to come in and fix the problem. Trey is a novice and couldnt even fire his employee at TSC without costing us 13 millions dollars and Tony Martinez just doesn't put the needs of the regular citizens first. Be smart people, VOTE CABLER
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