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<br />.v__....."".IlU~.nio::~~"ll..,....-__...._..h__l;_-....c__vk............-..v.._..~..__.._......-....~_p~..oql"'::tr'::,:"~.....,.......-.~..............._..................h.~.:ll.'V...r.........._......__.................v___................._.._.._.._~..~.... .~..~. <br /> <br />.. .7. <br />Page 31 <br /> <br />ATTACHMENT 2 <br /> <br />Honorable George A. Miram <br />Judge of the Superior Court <br />July 28, 2009 <br />Page 4. <br /> <br />submitted because it did not conlply with the RFP cost and exception requirements. <br />Nevettheless~ the SBW1:1A actually accorded the lone alternative more consideration duo <br />legally required. <br /> <br />Had the SBmfA proposal evaluation process blindly included review of alternative <br />proposals submitted not in compliance with the RFP documents or dUl1ng the proposal <br />submission period, the fundamental premise of ensuring a fair, non-biased and transpatent <br />procurement would have been compromised. <br /> <br />t~. EIIJ7.fIYJ that l'epres(J1ItalilJtS f/'Om otherjllllsdictioJls are parlit'ipmtt.f 0/1 the committees, wId" <br />Response <br />This recommendation is unclear as to the whether the Grand Jury is recommending <br />representatives from SBWMA :Member Agencies ar~ participants in the com.rmttees or <br />representatives from outside of the SBWlvIA ate participants. TIle RFP process did include <br />representatives from the lvlember Agencies. The Evaluation and Selection Conunittees for <br />both the Collection Services and Facility Operations RFPs were cOlnprised of different <br />SB\X1MA Board nlembers, and all of the rvIember Agencies were. represented on the PAF <br />and PAC cOrrurllttees. <br /> <br />If the intent of the recoll1mendation is to include representatives from non-SBWMA <br />jurisdictions., we cannot understand why they should have any decision-luaking autho.rity in a <br />local Rf1' process. We know of no odler jurisdictions that follow such a process. <br /> <br />'~. E,UlIt-e thllt 110 Otl8 individHlIl ,:hair both t077l/nil/eM. II <br />Response: <br />This reco11'l.tnendation will be considered. <br /> <br />Action (Applies' to Responses to Recommendation #2, including items a-e): <br />At such time as there is a future RFP process for either franchise agreement, the concerns of <br />the Civil Grand Jury Report will be taken into consideration by the SBW1-iA. This holds <br />true fOI each of the successive recom.nlendations in this section regarding future RFP <br />processes. A future RFP process ma.y not OCCllr for ten (10) years. <br /> <br />H3. Amemllhe 10illt POWCf'j' ~1Jft})ori!y Agre~tJmlt to int'll/de elected '!./ficicds jrom member tigeflcies onto <br />the SB ~Y/AiA Boord of Dit'ecto1:l. H <br />Response: <br />This recommendation is one for consideration by the i.l1dividu~,l governing bodies of the JP A <br />N[en1ber Agencies which -have sole authority to amend the JPA agreement. The last. <br />restatement of the JP A agre.ement in 2005 confIrmed Member Agencies' intent to continue <br />to. appoint staff to. the SBWtvfA Board. <br />