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.