AGO 1996-142.

• Case Date: February 23, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-142. 1996-142February 23, 1996Honorable Jonathan A. Brown Attorney, City of Vernon P. O. Box 648 Vernon, Alabama 35592 Solid Waste Disposal - Competitive Bid Law - ContractsMunicipalities may renew existing contracts for solid waste disposal without taking competitive bids provided the terms are not changed and the original contract provides for renewal. If the terms are materially changed, then the contract must be rebid in accordance with _41-16-50(a).Dear Mr. Brown: Your letter to this office asks for an opinion from the Attorney General on the following: QUESTION Whether the City [of Vernon] can legally accept the offer of waste management with regard to the disposal of garbage beginning June 1, 1996, without competitive bids. FACTS AND ANALYSIS Along with a copy of the existing contract and 1993 bids of Waste Management, you included the following additional facts: Under the terms of the contract, garbage pickup is twice weekly, and the monthly rate is $12.35 per home. Vernon has instituted a successful recycling program, and this will allow the City to go to once-a-week pickup under the new contract to begin June 1st of this year. When the City originally bid garbage collection and disposal which resulted in the present contract, it did so in the alternative and asked for bids for once-a-week service and twice-a-week service. Waste Management bid $12.35 for twice-a-week pickup and $9.35 for once-a-week pickup. They were the low bidder in both instances, and the City decided to accept the bid for twice-a-week pickup, and the current contract was entered in due course. Waste Management has now approached the City and offered to pick up and dispose of garbage under the same terms as the present contract except that the service would be once a week at the rate of $9.15 per home. This rate is less than previously bid by Waste Management. A copy of Waste Management's bid dated March 24, 1993 is enclosed for your information. . . . Should the City elect to accept Waste Management's offer of $9.15 per week for once-a-week pickup, could this be done without taking competitive bids. The general rule of contract law is that when parties reduce their agreement and obligations to writing, the writing, in the absence of mistake or fraud, is the expositor of the transaction and...