The following procedures shall be employed for the selection of the contractor:
A. The city manager shall prepare and submit to the city council for its approval a request for proposals to provide collection service to the Old Sacramento collection district. In developing the request for proposals, the city manager shall meet and confer with the Old Sacramento management board for purposes of obtaining its review and comment.
B. The request for proposals shall include, but not be limited to the following:
1. A detailed specification of the scope of services to be provided including, but not limited to, recycling services for business and residences conforming with chapter 13.24 and a requirement that each proposer submit an integrated waste management plan that maximizes all feasible waste diversion;
2. A detailed cost proposal form;
3. A request for background and qualifications to provide collection service;
4. A request for detailed criminal history (a) of each person, firm or entity who submits a response to the request for proposals; and (b) where the proposer is a firm or an entity, of each person who owns 10 % or more of the shares of stock of a corporate entity proposer, or 10% or more of the assets of the proposing firm, or 10% or more of the interests of a partnership entity proposer;
5. An authorization to be signed by each person, firm or entity who submits a response to the request for proposals, and each person who under subsection (B)(4) of this section is required to submit criminal history information, to allow the chief of police to conduct a criminal history check with the cost thereof to be paid for by such person, firm or entity;
6. Requirements for compliance with the city's minority and woman business enterprise policies and procedures;
7. A copy of the collection services agreement form, as developed by the city manager and approved by the city attorney, to be executed as a condition of providing collection service within the district. The agreement shall contain, without limitation, at least the following provisions:
(a) comprehensive nondiscrimination;
(b) the term specified in the request for proposals and renewal at the sole discretion of the city;
(c) performance standards;
(d) termination by the city for default in performance;
(e) adjustment of rates;
(f) discretionary termination of the agreement by the city;
(g) payment of a fee to the city in such amounts as required to defray any city cost associated with agreements between the city and Old Sacramento management board for the provision of administrative services relating to the district;
(h) the responsibilities of the Old Sacramento management board with respect to administration of the collection services agreement, and provisions for signature of the agreement by the board;
(i) insurance, including but not limited to, comprehensive liability and workers compensation;
(j) indemnity of the city and its officers, employees, contractors and agents;
(k) recycling services for businesses and residences in strict conformity with chapter 13.24; and
(l) for management of customer complaints and requests.
8. A request for any other information required by the city manager to be provided by each person, firm or entity who responds to the request for proposals.
C. The city manager shall, upon approval of the request for proposals by the city council, request that the city clerk issue a notice to proposers of the availability of the request for proposals, by advertising at least once not less than thirty (30) calendar days before the date the proposals are due, in one or more daily or weekly newspapers, trade association publications, trade journals, minority and woman-oriented trade journals, or other media available to minority or woman-owned business enterprises. Nothing in this subsection C shall preclude the city manager from using additional methods to invite proposals.
D. All proposals shall be sealed, identified as proposals on the envelope, and shall be submitted to the city clerk at the place and time specified in the notice to proposers. Proposals shall be opened by the city clerk or designee, in public, at the time and place designated in the notice to proposers. Proposals received after the time so specified shall not be accepted and shall be returned unopened to the person, firm or entity submitting such late proposal.
E. In evaluating proposals, the city manager shall convene a panel of evaluators, which shall at a minimum include the city manager or designee, a member or designee of the Old Sacramento management board, and the manager of the City's Old Sacramento management division. Utilizing criteria specified in the request for proposals, the panel shall evaluate and score the proposals, and shall upon completion of the evaluation process provide a written recommendation to the city council as to the responsible and qualified proposer whose proposal provides collection service at the lowest cost. A written notice of the panel's recommendation shall be provided to all proposers. Except as provided otherwise in this section, the city council shall, within the time specified in the request for proposals, select as the contractor the responsible and qualified proposer whose proposal provides collection service at the lowest cost.
F. The city council may reject all proposals, and may thereafter instruct the city manager to take such further action as the council shall direct, including, but not limited to, engaging in negotiations with one or more firms, persons or entities, or issuing a revised request for proposals in accordance with the procedures specified in this article. The city council may also, in its discretion, waive any minor irregularities contained in a proposal.
G. Notwithstanding any other provision of this section, the city council may, upon finding that it is in the best interests of the city and upon a vote of two-thirds of the council, waive the competitive process required by this article and may instruct the city manager to take such further action as the council shall direct, including, but not limited to, engaging in negotiations with one or more firms, persons or entities, or engaging in such other process as the council may specify.
H. Protests made by any person, firm or entity to any action taken by the city manager or the city council pursuant to the provisions of this article shall be made pursuant to the bid protest procedures set forth in Chapter 3.60 of this code. Compliance with such procedures shall be an administrative remedy which any protesting person, firm or entity shall be required to follow. The notice to proposers shall contain the information required by Section 3.60.560 of this code. The written notice to proposers provided pursuant to subsection E of this section shall constitute the written notice to bidders that is provided for in Section 3.60.500 of this code. (Ord. 2021-0003 § 14; Ord. 2013-0009 § 3; Ord. 2000-036 § 2(b); Ord. 2000-017 § 2(f); Ord. 99-056 § 1; prior code § 19.07.706)