Title
Possible Grant of Waiver from Any Potential, Actual, or Perceived Conflict of Interest of Program Specialist Jamie Allbach for the Purpose of Los Alamos County Obtaining Juvenile SMART Recovery Program Services From Strong in Nature Under a Los Alamos Agreement, for a Not-to-Exceed Amount of $76,624.62
Recommended Action
I move, pursuant to County Ordinance § 31-285 and § 10-16-7, NMSA 1978, that Council grant a waiver from any potential, actual, or perceived conflict of interest of Jamie Allbach, who is a Registered Agent and co-Chief Executive Officer of Stong in Nature and is related by marriage to co-Chief Executive Officer and Authorized Offeror, Ryan Ramaker, so the County can procure services from Strong in Nature. Strong in Nature, a New Mexico nonprofit. As grounds for this motion, Council finds:
1. The County solicited for SMART Recovery for Juveniles via a competitively solicited Request for Proposals (RFP) through RFP27-23.
2. Prior to Ryan Ramaker and Strong in Nature submitting a proposal to RFP27-23, Jamie Allbach disclosed the familial relationship and financial interest pertaining to the procurement to her supervisor, Social Services Manager, Jessica Strong.
3. Strong in Nature is a responsible offeror and potential Awardee of an Agreement as a result of the evaluation of the response received.
4. This Agreement is for services that will be managed by the Municipal Court and as an employee of the County’s Social Services Division, Jamie Allbach has no direct County responsibilities associated with this Agreement.
5. Jamie Allbach has recused herself from any future involvement in the County’s or Contractor’s management of the Agreement, if so awarded to Strong in Nature, including from requests to utilize Contractor’s services or from review of any invoices related to the Agreement.
6. The County received one other responsive proposal which received lower scores than Strong In Nature in 4 of 5 criteria and tied on the remaining criterium. In addition, the second offeror proposed a cost 2.6 times higher than that offered by Strong In Nature.
7. The award of the Agreement to Strong in Nature is in the best interests of the County.
County Manager's Recommendation
The County Manager recommends that Council approve the motion as requested.
Body
Los Alamos Municipal Court would like to obtain SMART Recovery Services for Juveniles. An Request for Proposal was advertised and the recommended awardee is Strong in Nature, a Los Alamos non-profit. This may be perceived as a conflict of interest as County employee Jamie Allbach and her spouse Ryan Ramaker are Co-Chief Executive Officers of Strong in Nature, a New Mexico non-profit. Jamie Allbach was not involved in any decision relating to the procurement of this service.
Both state law and the County Code provide that Council may grant a waiver of a conflict if certain conditions are met and the Council makes a written determination to that effect. The findings which Council should make in this matter are identified in the motion, above.
Alternatives
The option is to not grant a waiver and to resolicit or contract with the second offeror for $203,775.00 which does not include NMGRT.
Fiscal and Staff Impact/Planned Item
The funding for this item is included in the Muncipal Court budget.
Attachments
A - AGR27-23 Strong in Nature