1979 08 032885
CITY OF MOSES LAKE
MOSES LAKE,WASHINGTON
CITY COUNCIL MEETING -SPECIAL Meeting August 3,1979
POLICE/COUNCIL FACILITY 8 p.m.
Members Present:Steve Shinn,Don Swanson,Barry Ziegler,and Bob Hill
Absent:Jim Barney,Eric Skaug,and Kent Jones
The meeting was called to order at 5 p.m.by Mayor Swanson.
GARBAGE CONTRACT
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—A letter from R.Douglas Zenor,City Manager,to the City Council was read as
follows:
"Since our analysis of the bid opening today in the City Hall conference /Of^
room at 10 a.m.,we have been advised of one law suit and several other
possible cases of litigation connected to the garbage services contract
award process.
Resultant therefore we respectfully recommend the award of the contract
services be made to Western Refuse based on their low bid and subject to
their signing an agreement not to bring suit against the city resultant from
any possible restraining orders or enjoinment by the courts as a result of a
law suit.
If Western Refuse does not agree to sign such waiver or release,offer the
same right to the next lowest bidder and continue such offer through Colum
bia Basin.Otherwise,we respectfully recommend that the City of Moses Lake
be authorized to enter into the garbage collection business with their own
forces."
Mr.Zenor stated that if the contractors will not sign an agreement not to bring
suit against the city if they are awarded the bid that the city be authorized to
enter into the garbage collection business.
Mr.Swanson wanted to know if there would be any cost to the city in changing
contractors.M.G.McLanahan,Assistant Public Works Director,stated that there
would be some cost in changing contracts,in staying with the same contractor,or
even if the city takes it over.
Mr.Shinn wanted to know why the city is in a position to be sued over this con
tract.
Joe Gavinskj,City Attorney,stated that some of the contractors have questioned
some elements of the bidding process and the dissemination of some of the informa
tion.He stated that the city was served with a law suit by Bill Plonski repre
senting Evergreen State asking that all the bids be set aside.He stated that
there is a "show cause"hearing scheduled for August 17 at which time the court
could well decide that there were some irregularities and perhaps the bids should
be set aside.He stated that he has been informed by another possible law suit by
Nels Hanson representing somebody by the name of Acme,who did not submit a bid but
whose contentions are about the same as Bill Plonski's.
Mr.Hill stated that Superior has had the contract for over 5 years and he felt
that they did an excellent job.He stated that he was confused over the threats of
the law suits as he felt it was an excellent contract that was sent out for bids.
Mr.Hill moved that the meeting be continued to 8 p.m.Tuesday,August 7,seconded
by Mr.Ziegler,and passed unanimously.
Mr.Hill requested that a representatives from the various contractors be invited
to attend.
The meeting was adjourned at 5:40 p.m.
Donald'E.Swanson,Mayor
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