§ 36-9-30-5.3 — Contracts for collection and disposal of solid waste; request for proposals

Indiana § 36-9-30-5.3

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 9: TRANSPORTATION AND PUBLIC WORKS
• Ch. 30: Solid Waste Collection and Disposal

Text

3. (a) This section applies only to a
municipality that is not a consolidated city.
(b) As used in this section, "board" refers to:
(1) the:
(A) board of public works; or
(B) board of public works and safety;
in the case of a city; or
(2) the town council, in the case of a town.
(c) Notwithstanding any statute relating to the length, duration, and
terms of contracts and agreements, the board of a municipality may
enter into any contract or agreement with any person upon such terms
and conditions as may be agreed upon for the collection and disposal
of solid waste.
(d) Before or after the expiration or termination of the term or
duration of a contract or agreement entered into under subsection (c),
the board of a municipality, in accordance with this section, may from
time to time enter into amended, extended, supplemental, new, or
further contracts or agreements with:
(1) the same person with whom the board entered into the
contract or agreement under subsection (c); or
(2) any other person;
for any purpose referred to in this section.
(e) Overall cost, including construction costs, tipping fees, and
reductions in costs resulting from the sale of byproducts, should in all
cases be a major criterion in the selection of contractors for an award
of contracts for the collection and disposal of solid waste under this
section. The board of a municipality:
(1) shall consider:
(A) the highly complex and innovative nature of byproduct
recovery technology;
(B) the variety of waste collection and disposal technology
available;
(C) the desirability of flexibility for the development of these
complex facilities; and
(D) the economic and technical utility of contracts for
byproduct recovery projects that include in their scope various
combinations of design, construction, operations, management,
or maintenance responsibilities over prolonged periods; and
(2) shall recognize that in some instances it may be beneficial to
the municipality to award a contract on the basis of factors other
than cost alone, such as:
(A) facility design;
(B) system reliability;
(C) energy efficiency; and
(D) compatibility with source separation, other recycling
systems, and environmental protection.
(f) Notwithstanding any other statute, a contract for the collection
and disposal of solid waste that is entered into between a board on
behalf of a municipality and any person under this section may be
awarded by the board under either of the following procedures:
(1) Public bidding in compliance with IC 36-1-12.
(2) Compliance with subsections (g) through (q).
(g) A board proceeding under subsection (f)(2) to enter into a
contract for the collection and disposal of solid waste may require any
person seeking to enter into the contract with the municipality to be
prequalified as a proposer by submitting to the board:
(1) information relating to the experience of the proposer;
(2) the basis on which the proposer purports to be qualified to
carry out all work required by the proposed contract; and
(3) the financial condition of the proposer.
(h) Before issuing a request for proposals under this section, a board
shall:
(1) adopt a proposed request for proposals; and
(2) publish a public notice concerning the request for proposals.
If the board has established a prequalification requirement under
subsection (g), the public notice published under subdivision (2) may
include the criteria according to which proposers may be selected.
(i) The public notice published by a board under subsection (h)(2)
must:
(1) include the intent to issue a request for proposals; and
(2) designate times and places where the proposed request for
proposals may be viewed by the general public.
(j) After the publication of a public notice under subsection (h)(2),
the board shall allow a period of at least thirty (30) days for the
submission of:
(1) comments on the proposed request for proposals; and
(2) qualifications from persons seeking to be prequalified as a
proposer, if the board has established a prequalification
requirement under subsection (g).
Comments submitted under subdivision (1) may address the scope or
contents of the proposed request for proposals.
(k) After the period allowed under subsection (j), the board shall:
(1) select proposers; and
(2) adopt a request for proposals.
The board shall notify each proposer that is selected of the selection,
inform the proposer of the date and place established for the
submission of proposals, and deliver to the proposer a copy of the
request for proposals.
(l) A request for proposals adopted under subsection (k)(2) must
include:
(1) a clear identification and specification of all elements of cost
that would become charges to the municipality, in whatever form,
in return for the fulfillment by the proposer of all tasks and
responsibilities established by the request for proposals for the
full term of the proposed contract for the collection and disposal
of solid waste, including such appropriate matters as:
(A) proposals for project staffing;
(B) implementation of all work tasks;
(C) carrying out of all responsibility required by the proposed
contract; and
(D) the cost of planning, design, construction, operation,
management, or maintenance of any facility, and the cost of
processing or disposal of solid waste;
(2) a clear identification and specification of any revenues that
would accrue to the municipality from the sale of any byproducts
or from any other source; and
(3) such other information as the board may determine to have a
material bearing on its ability to evaluate any proposal in
accordance with this section.
(m) The board may prescribe the form and content of proposals
submitted in response to its request for proposals. The information
submitted by a proposer must be sufficiently detailed to permit the
board to evaluate the proposal fairly and equitably. In addition, the
board, in the request for proposals, may set maximum allowable cost
limits that the board determines to be appropriate.
(n) The board may not receive proposals until at least thirty (30)
days after the proposers are selected and notified of their selection
under subsection (k). The board:
(1) shall evaluate the proposals it receives as to net cost or
revenues; and
(2) may, in a manner consistent with provisions set forth in the
request for proposals, evaluate the proposals on the basis of
additional factors such as:
(A) the technical evaluation of facility design;
(B) net energy efficiency;
(C) environmental protection;
(D) overall system reliability; and
(E) the financial condition of the proposer.
(o) The board, on behalf of the municipality, may negotiate with any
responsible proposer. After giving public notice including the date,
time, and place of the hearing, the board shall hold a public hearing at
which the public may submit comments on the contract to be awarded.
After the public hearing, the board shall make a contract award to the
responsible proposer selected under this section based on a
determination by the board that the selected proposal is the most
responsive to the needs of the municipality.
(p) The contract award:
(1) must be in the form of a resolution; and
(2) must include particularized findings relative to the factors to
be evaluated under this section, indicating that the award:
(A) meets the municipality's needs; and
(B) is in the public interest.
(q) An action to contest:
(1) the validity of the contract awarded; or
(2) the procedure by which the contract was awarded;
must be initiated within thirty (30) days after the contract is awarded
under subsection (o). An action to contest the contract, regardless of
the cause, may not be initiated more than thirty (30) days after the
contract is awarded under subsection (o).

Legislative History

As added by P.L.37-2022, SEC.3. Amended by P.L.11-2023, SEC.130.