City Council Minutes 2014 06 03 - Laserfiche WebLink

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City Council Meeting Minutes June 3, 2014 Page 12 of 26 Council member Keany disagreed with asking both companies to present their best prices. He felt it would be the same as issuing a new RFP. He was more comfortable with a one -year or two -year contract extension with Western Disposal and doing a new RFP in a year or two. He voiced his appreciation to staff and thanked Republic for their comments. He asked Public Works Director Kowar if Western's free quarterly pickup is going away. Public Works Director Kowar confirmed the free quarterly pickup was eliminated in Westerns proposal. There is a cost sheet reflecting various pickup items. Council member Lipton agreed with Mr. Leary, the RFP was too open- ended. He requested before the City Council decides or votes, a City Attorney or City Manager opinion on the Council's discretion on the proposals. City Attorney Light stated the RFP expressly reserves discretion to the City, as long as the proposals are being evaluated in good faith, according to the selection criteria, the Council's judgment will be given substantial deference legally. The selection criteria in the RFP states the City reserves the right to select proposals, which are most advantageous to the City, even if it is not the least expensive proposal. Proposals will be evaluated on cost, customer service, schedule, qualification and services offered; equipment, references and the completeness of the RFP's submittals. If Council desires to contract with Western or Republic for a five -year term, all financial obligations of the City have to be subject to annual appropriations. If the same form of contract is used currently in place, the contract gives either party the option to terminate on any anniversary date with six month notice and it does not require cause. A separate provision provides a basis for Cause when the City Manager makes a determination the service provided is inadequate according to the service standards. The question is what is in the best interest of the City or most advantageous for the City. City Attorney Light recommended against rejection of all the proposals and if they want to proceed with a contract, provide notice of award, subject to conditions, and then finalize the terms of the contract. He noted the City reserves the right to determine the final terms of the contract. Council member Lipton asked short of rejecting all the proposals and starting the process over, if Council wanted to award Western the contract, would they be required to do a point assignment. City Attorney Light explained the RFP did not include the point schedule. At the time the proposals were submitted there was not an expectation that point could be attributable to various aspects of the RFP. He stated there are a number of ways to look at the pricing and the pricing structure. If Republic had the lowest price, but Western offered the better service, Council could decide what is in the best interest to the City, or most advantageous to the City. Council is not bound by the percentage allocations in the staff communications. City Manager Fleming pointed out the rationale for including staff's point evaluation was to inform Council on how staff was evaluating the process, and not to suggest it was