HomeMy WebLinkAbout2021-02-11; Code of Conduct for Procurement Process (Districts All); Gomez. PazTo the members of the:
CITY COUNCIL
Date"'fi, /e,1 CA~ CC .:,L.
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Feb. 11, 2021
Council Memorandum
To:
From:
Honorable Mayor Hall and Members ofthe City Council
Paz Gomez, Deputy City Manager, Public Works
Geoff Patnoe, Assistant City Manager~ Via:
Re: Code of Conduct for Procurement Pr s (Districts -All)
{city of
Carlsbad
Memo ID #2021036
This memorandum provides information related to the Code of Conduct for Procurement Process
associated with the Request for Proposals (RFP} for the city's waste hauler contract potential
proposers.
Background
On June 30, 2022, the city's solid waste management franchise agreement with Waste
Management for collection and recycling processing will expire. The city needs a new long-term
agreement for waste collection and recycling to continue providing this service to residents and
businesses and to adhere to changes in state law.
On June 9, 2020, City Council received an informational item related to the city's franchise
agreements for recycling, organics and solid waste collection and organic materials processing
services. On June 16, 2020, City Council adopted Resolution No. 202D-111 (Resolution),
authorizing staff to issue an RFP for recycling, organics and solid waste collection and organic
materials processing services. Included in the Resolution is the City of Carlsbad Code of Conduct
for Procurement Process (Code of Conduct), which protects the city by limiting communication
regarding the RFP process. The Code of Conduct directs companies making proposals (potential
proposers) to communicate with authorized individuals on the city's negotiations team. The Code
of Conduct is included in this memorandum as Attachment A.
Discussion
Staff is in the process of negotiating with proposers on the RFP. This memorandum serves as a
reminder of the Code of Conduct as the city goes through the procurement process.
Next Steps
Staff will be offering briefings to all City Council Members beginning the week of Feb. 22, 2021.
On March 23, 2D21, staff plans to present information related to the RFP process for the city's
waste hauler contract to City Council, along with a recommendation for review and discussion.
Attachment: A. City of Carlsbad Code of Conduct for Procurement Process
Public Works Branch
Environmental Management Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4646 t
Council Memo -Code of Conduct for Procurement Process (Districts -All)
Feb. 11, 2021
Page 2
cc: Scott Chadwick, City Manager
Celia Brewer, City Attorney
Robby Contreras, Assistant City Attorney
James Wood, Environmental Manager
Avecita Jones, SeniorProgram Manager
Attachment A
CITY OF CARLSBAD CODE OF CONDUCT FOR PROCUREMENT PROCESS
POTENTIAL CONFLICT OF INTEREST. Each City of Carlsbad Council Member shall inform the City
Manager and each Elected Official of the City of Carlsbad ("Elected Official") shall inform staff
on the city's negotiations team of any potential conflicts of interest regarding potential
proposers for recycling, organics and solid waste collection and organic materials processing
services for the city ("Potential Proposers"). Information regarding potential conflicts shall be
provided within 10 days of the Council Member or Elected Official learning of the potential
conflict.
CONTRIBUTIONS. No City Council Member or Elected Official shall accept any contributions by
Potential Proposers from the date of adoption ofthis code, June 16, 2020, until the
procurement is finalized and a new contract is executed. Each City Council Member and Elected
Official shall disclose all past contributions from Potential Proposers to the City Manager.
PROHIBITED CONTACTS. No City Council Member or Elected Official shall have non-public
meetings or conversations with Potential Proposers from the date of adoption of this code,
June 16, 2020, until the procurement is finalized and a new contract is executed regarding the
Procurement Process or any matters involving the Potential Proposers. However, this section
shall not prohibit City Council Members and Elected Officials from meeting with Potential
Proposers for purely social reasons. All City Council Members and Elected Officials shall refer
any questions regarding the Procurement Process to the City Manager. City Council Members
and Elected Officials shall disclose to the City Manager any non-public meetings or
conversations with Potential Proposers regarding the Procurement Process which occurred
prior to the adoption of this code, June 16, 2020. A "non-public" meeting is any meeting that
has not been called and held in accordance with the Brown Act.