Franchises shall be granted by the Board of Supervisors in the following manner. These requirements may be waived or modified by the Board of Supervisors in appropriate circumstances, in its sole discretion:
(a) The Department of Planning and Public Works shall prepare a request for proposals and submit it to the Board of Supervisors for approval. The request for proposals shall include, at a minimum:
(i) A detailed specification of the scope of services to be provided;
(ii) A detailed cost proposal form;
(iii) A request for background and qualifications relevant to the type of services to be provided;
(iv) A request for detailed criminal history of(a) each Person, firm or entity that submits a response to the request for proposals; and(b) where the responding party is a firm or entity, of each Person who owns 10 percent or more of the shares of stocks, assets, or other interest in the entity. If requested by the County, the applicant shall also submit such additional information, including consent to a background check and agreement of the applicant to pay all related costs, as may be necessary to fully investigate the potential criminal history of those Persons and entities subject to this subsection;
(v) Requirements for compliance with all relevant County policies, including but not limited to policies relating to non-discrimination;
(vi) A list of all permits or franchise authorizing similar Collection and Disposal services in other jurisdictions, together with a detailed description of the nature of the applicant’s business activities and such other information as the applicant deems relevant for consideration
(vii) A copy of a draft franchise agreement, as approved by the County Counsel, with the terms stated in Section 6-17.504 below, and such additional terms and provisions as may be appropriate;
(viii) The time, date, and place for the opening of sealed proposals;
(ix) The criteria that will be used to evaluate proposals; and
(x) Any other relevant information, including but not limited to a request for a plan of operations.
(b) Once approved by the Board of Supervisors, the request for proposals shall be published once a week for two successive weeks in a newspaper of general circulation in the County. The first such publication shall be at least four weeks prior to the date given for the opening of sealed proposals. In addition, the Department may take any other reasonable steps to advertise the availability of the request for proposals, including internet postings, publication of notice in trade journals and publications, and similar methods.
(c) Proposals shall be opened by the Director of Community Services 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.
(d) In evaluating proposals, the Department shall convene a panel of evaluators, which shall at a minimum include the Director or designee. 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 Board of Supervisors 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 Board of Supervisors shall, within the time specified in the request for proposals, select as the Franchisee the responsible and qualified proposer whose proposal provides Collection service at the lowest cost.
(e) The Board of Supervisors may reject all proposals, and may thereafter instruct the Director to take such further action as the Board may 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 Board of Supervisors may also, in its discretion, waive any minor irregularities contained in a proposal.
(f) Notwithstanding any other provision of this section, the Board of Supervisors may, upon finding that it is in the best interests of the county and upon a vote of two-thirds of the Board, waive the competitive process required by this Section and may instruct the Director to take such further action as the Board may 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 Board may specify.
(§ 2, Ord. 1378, eff. Sept. 4, 2008, as amended by § 2, Ord. 1529, eff. November 19, 2020)