Staff recommends the City Council cancel the bid award for electronic waste services that was awarded at the September 14, 2020 Council meeting to Green Technology Solutions.

Yellowstone E-Waste has been the Landfill's vendor for electronic recycling services for many years.  The last executed contract that the City had with Yellowstone E-Waste terminated on June 30, 2017.  However, Yellowstone E-Waste continued to provide the same services in good faith on a month to month basis.  In August 2020, a request for bids for electronic waste services was issued and the contract was awarded to Green Technology Solutions at the September 14, 2020 Council meeting.  In November, it was discovered that Yellowstone E-Waste had signed a new agreement to provide the services until June 30, 2021.  The City did not execute the contract but did not adequately convey this fact to Yellowstone E-Waste.  After a due diligence review, Legal Department staff determined that because the city did not adequately convey to Yellowstone E-Waste that they did not have a valid agreement and Yellowstone E-Waste acted upon the belief that they did, the City should honor the unilaterally signed agreement until the stated termination date.  The agreement with Green Technology Solutions has not been signed and the vendor has not provided any services or incurred any expenses on behalf of the City.  Procedures have been put in place that ensure this unfortunate situation will not happen again.

City Council may:

• Approve the cancellation of the bid award to Green Technology Solutions.

The unilaterally signed contract with Yellowstone E-Waste will cost the Solid Waste fund approximately $4,000 more through the period ending June 30, 2021 than the contract with Green Technology Solutions.