City of Exeter – Garbage In–Garbage Out

The City made the assertion that refuse collection is a “specialized The fact that the City considered items in service” and as such would fall under the proposals that were not requested in City Ordinance No. 579, Section the RFP indicates that not all of the 3.36.110 relating to “Professional companies that submitted proposals were and Specialized Services”. This playing on an equal playing field. One section states that it applies to “The company was given preference for acquisition of copyrighted and programs that were not required in the patented items, specialized or RFP and other companies were not professional services, and services allowed to adequately respond. If the City for which there is no reasonable was interested in these programs, all alternative which is of equal or better companies that submitted a proposal quality or nature, shall be made by should have been given the opportunity to following the procedures set forth in respond, or the programs should have this Section. been identified in the RFP. A. The purchase order or contract award for such professional or The City claims that since this was a specialized services or materials proposal and not a bid, City Ordinance No. shall have a copy of a statement 579, Section 3.36.100 does not apply. attached thereto by both the Regardless of what the process is called, a vendor or contractor and the City contract was negotiated in violation of City Administrator stating the reasons Ordinance No. 579, Section 3.36.100. and the specific copyright or The Grand Jury does not believe that patent circumstances which have refuse collection would fall under the given rise to the invoking of this “Professional and Specialized Services” exception to the competitive section of the City Ordinance. Paragraph acquisition process set out in this E of this section states “’Professional Chapter. Services’ means work performed by specially trained and experienced persons, The original of such statement shall firms or corporations rendering be filed with the City Clerk.” professional services and advise (sic) such The Grand Jury was unable to find as accounting, auditing, financial advisory, any such statement. securities underwriting, legal, medical, engineering, architectural, environmental,

The contract negotiated with Sunset economic, real estate, insurance, Waste contains a provision for a appraisal, lobbying, public relations, 13 × TULARE COUNTY GRAND JURY REPORT 2009-2010 ordinance codification and publication, or 2. Offer the senior citizen discount similar such highly specialized services.” specified in the contract. However, if refuse collection does fall 3. If the City intends to use the RFP under this exemption the City failed to process, adopt an ordinance to follow it’s own procedures by failing to specify the process. attach a statement stating the “...reasons