HomeMy WebLinkAbout06/18/2024 (3) Indian River County Florida
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.indianriver.gov
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Solid Waste Disposal District
Meeting Minutes - Final
Tuesday, June 18, 2024
Commission Chambers
Board of Commissioners
Susan Adams, District 1, Chairman
Joseph Flescher, District 2, Vice Chairman
Joseph H. Earman, District 3
Deryl Loar, District 4
Laura Moss, District 5
John A. Titkanich,Jr., County Administrator
William K. DeBraal, County Attorney
Ryan L. Butler, Clerk of the Circuit Court and Comptroller
Randi Wardlow, Deputy Clerk
Board of Commissioners SWDD Meeting Minutes-Final June 18, 2024
15. SPECIAL DISTRICTS AND BOARDS
B. Solid Waste Disposal District
The Board of County Commissioners reconvened as the Board of Commissioners
of the Solid Waste Disposal District. The minutes will be approved at an
upcoming Solid Waste Disposal District meeting.
15.13.1. 24-0444 Approval of SWDD Meeting Minutes of April 09,2024
Recommended Action: Approve
Attachments: 04092024 SWDD Draft
A motion was made by Vice Chairman Flescher,seconded by Commissioner
Earman,to approve the Solid Waste Disposal District minutes of April 9,2024
as written.The motion carried by the following vote:
Aye: 5- Chairman Adams,Vice Chairman Flescher,Commissioner Earman,
Commissioner Moss,and Commissioner Loar
15.13.2. 24-0492 Amended Renewal No.4 with Tiger Inc for Sale and Purchase of Natural Gas
Recommended Action: Staff is requesting the Solid Waste Disposal District Board to consider either
Option 1 or Option 2: Option #1: Ratify Staff decision to lock in the
seven-month rate of $0.5245 per therm for the period starting June 1, 2024,
through December 31, 2024, prior to the May 31, 2024, deadline; or Option #2:
Approve a seven-month renewal at the actual spot price on the day approved by
the SWDD Board. Staff recommends Option #1 and requests the SWDD Board
to approve the Amended Transaction Confirmation #4 with Tiger, Inc. for the
Sale and Purchase of Natural Gas, and authorize the Chairman to sign the
necessary documents to effectuate the approval.
Attachments: Staff Report
Amended Renewal#4
A motion was made by Commissioner Earman,seconded by Vice Chairman
Flescher,to approve Option#1 of staff's recommendation.The motion carried
by the following vote:
Aye: 5- Chairman Adams, Vice Chairman Flescher, Commissioner Earman,
Commissioner Moss, and Commissioner Loar
15.B.3 24-0498 Appeal of Denial of Protests Relating to RFP 2024020
Recommended Action: Staff recommends the Board separately hear the appeals of FCC and Coastal,
and either uphold or deny the protest. Should the Board uphold either protest,
Staff requests the Board provide direction on next steps in the award and
negotiation process.
Indian River County Florida Page 1
Board of Commissioners SWDD Meeting Minutes-Final June 18,2024
Attachments: Staff Report
Response to FCC Protest
Response to Coastal Appeal and Protest
Purchasing Manager Jennifer Hyde began her slide presentation to the Board with
a recap of the timeline which led to the Solid Waste Disposal District's(SWDD)
decision to award the solid waste collection services contract to Waste
Management(WM)on May 21,2024.Following the decision,protests were
filed by two of the bidders,FCC Environmental(FCC)and Coastal Waste&
Recycling of Florida(Coastal),regarding the procedure followed during the RFP
(Request for Proposal)and BAFO(Best and Final Offer)negotiations.Ms.
Hyde's presentation continued by enumerating the vendors'assertions and
countering with staffs response in denial of the protest.Ms.Hyde requested the
Board hear the appeals to the protests and either uphold or deny the decision.
Vice President of Business Development for FCC Charles Merkley appeared
before the Board to highlight information he described as unfair and flawed.His
protest challenged the basis the review panel used to re-rank the firms,the lack of
negotiation during the BAFO period,omission of capabilities consideration,and
the methodology WM used to drop their costs by 25 to 50 percent off of their
supposedly best offer.He suggested either starting the RFP process over,or
re-entering negotiations with the top two vendors as the manner in which the
BAFO had been executed unfairly and changed the RFP into a request to bid.
Attorney for Coastal,Joe Goldstein,Shutts and Bowen,requested the Board
re-look at the procedure followed,specifically regarding the basis for rankings
made at the second meeting,and the exclusion of Coastal from the BAFO even
though they were tied for second place.He also questioned how WM was able to
drastically lower their price,and cautioned accepting their offer would set a bad
precedent as future vendors would not submit their best prices to future RFPs.
Attorney Goldstein requested the issuance of a new RFP based on the final
options chosen by the Board.
The Board entered into discussion regarding the RFP and BAFO,recapping the
Board and public meetings which explained the process and goal of achieving the
best possible price.SWDD Managing Director Himanshu Mehta confirmed the
proposals were all sufficient in terms of quality,and the only thing left to negotiate
was price,hence the BAFO request.The Board agreed they were surprised
regarding WM's pricing,however they declined to second guess the vendor's
strategy.The Commissioners stood by the process and expressed trust in staffs
handling of the selection process.Director Mehta confirmed there were provisions
to monitor and address WM's service under the new contract.
Indian River County Florida Page 2
Board of Commissioners SWDD Meeting Minutes-Final June 18,2024
A motion was made by Commissioner Loar,seconded by Vice Chairman
Flescher,to deny the appeals to the protests from FCC Environmental and
Coastal Waste and Recycling. The motion carried by the following vote:
Aye: 5- Chairman Adams,Vice Chairman Flescher, Commissioner Earman,
Commissioner Moss, and Commissioner Loar
Indian River County Florida Page 3
Board of Commissioners SWDD Meeting Minutes—Final June 18,2024
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ATTEST:
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Ryan L. Butler Susan Adams,Chairman '01'•'••q�SFR COUNT 1....4 e.° -"-‘47 k L )C4A--- —‘"
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Clerk of Circuit Court and Comptroller
By: i.,02(1 ) Approved:
AUG 2 0 2024
Deputy Clerk
SWDD/RW/2024 Minutes
Indian River County Florida Page 4