Loading...
23 - Solid Waste Specialists AgreementItem No. 23 TO: Mayor, Mayor Pro Tem & City Council FROM: Grayson Path, City Manager Rob Vine, Assistant City Manager SUBJECT: Solid Waste Specialists Agreement DATE: February 27, 2023 BACKGROUND: In the May 23, 2022 City Council meeting, the City Council heard a situational update on the status of the City's Solid Waste Sanitation Department operations as of that time. The minutes from that meeting are very thorough, but in summary, the city was struggling to staff its department, thereby needing to pull from other departments daily to maintain a twice -per -week pickup schedule. Turnover, challenges filling vacancies, drop in public works morale, and negative impacts to other departments' duties (Streets, Parks, Water/Sewer, CIP, Traffic) were the significant concerns, all of which were pointing to a potential final culmination of the trash service being in jeopardy unless changes were made. The City Council authorized the reduction to once a week which cut the staffing needs in half, a number better manageable in the sanitation department. A couple of months later, it was determined that a pay increase was also needed in order to attract and keep staffing in the sanitation department and to keep up with our local competition. The City Manager instituted that change administratively on July 14, 2022. That pay increase was made possible due to the reduction in needed budgeted positions having gone to once per week pickup. We also decreased the sanitation fee paid to the General Fund in FY22/23 to help cover this increase. However, should the city wish to go back to twice a week, staffing numbers would need to increase (double) which would require rate and/or tax adjustments to cover the new pay range for all these added positions and/or the void created in the General Fund. A rate adjustment has not occurred in over a decade. Since these changes, we have stabilized our operation, albeit, the ultimate test is the summer hot months which are still yet to come in 2023 and assuming we can stay in competition with our local competitors on pay. At the May 23rd meeting, the City Council asked that City Staff bring back information on outsourcing of the sanitation operation. Staff presented their findings on November 14, 2022, which led to a presentation by Lyn Lantrip, Solid Waste Specialists (SWS), to the City Council on January 23, 2023. The City Council then asked that a contract be brought back for their review and consideration. Tonight's discussion is to review an agreement prepared by Mr. Lantrip and City Staff for RFP services to be provided by Solid Waste Specialists (SWS). STATUS OF ISSUE: Attached to this agenda item is the proposed Professional Services Agreement with SWS. This a[ gement w is Wwritten to include residential and commercial solid waste sanitation in the RFP. Should the City Council choose not to pursue commercial, it was mentioned by SWS that we might reconsider the proposal and process prior to approving an agreement with SWS. Work would begin immediately and we foresee a minimum of 6 —10 months to complete the task (dependent on how quickly the field data can be gathered). The process consists of — in general: 1. Data collection on residential and commercial trash. 2. RFP Kick -Off Workshop to discuss goals, needs, expectations of company, etc. a. We would like toITinvite�to three city council members to serve on this committee. 3. RFP and Contract developed. 4. RFP issued. 5. RFP responses received and reviewed. 6. City Council presentations and recommendations for approval. The specific details behind each of the above are listed out in Exhibit A of the attached agreement. It is now up to the City Council to decide whether to pursue an agreement with SWS to prepare and issue an RFP for third party solid waste sanitation service or not. The City Council can ultimately decide not to award a bid when they are received, however, we recommend that such a decision be carefully made and be for reasons related to the bids themselves. If there is hesitancy in proceeding with outsourcing, then delaying approval of the professional services agreement is recommended. BUDGET: The fixed-price for the attached professional services agreement with SWS is for $39,940.00. Should we complete the process and ultimately award a contract to a third party contractor to provide trash services for the community, the RFP will be designed to have the contractor reimburse the City for SWS's consultant expenses. In regards to selecting and awarding a contract to a third party trash service, those impacts to the budget are not fully understood at this time other than our revenue and expenses for the Sanitation Department would cease. We do foresee there being some sort of franchise which would be intended to replace that amount that is currently supporting the General Fund ($210,000.00 in FY22/23). This revenue is intended to offset costs associated with street maintenance and repair due to heavy trash truck weight and usage of the roads. OPTIONS: 1. Approve an agreement with Solid Waste Specialists for consultation services in the preparation, issuing, and reviewing of requests for proposals for outsourcing the City's solid waste sanitation service. 2. Reject the agreement and/or request additional information. 3. Table the item to consider this project further at a future time. RECOMMENDATION: Should the City Council be prepared to outsource the City's solid waste sanitation service, then: 1. Approve an agreement with Solid Waste Specialists for consultation services in the preparation, issuing, and reviewing of requests for proposals for outsourcing the City's solid waste sanitation service. Should the City Council wish to have more time to consider whether or not to outsource the City's solid waste sanitation service, and/or should the City Council wish to only pursue residential solid waste sanitation service, then: 2. Table the item to consider this project further at a future time. PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF PARIS (the "City"), a home rule municipal corporation situated in Lamar County, Texas and SOLID WASTE SPECIALISTS ("Consultant"). 1. SCOPE OF SERVICES. Consultant hereby agrees to provide the City with professional services for the purpose of the services outlined in Exhibit A, attached hereto and incorporated for all purposes incident to this Agreement. More specifically describing the services to be provided hereunder. Contractor will prepare the Request for Proposal and the Contract to indicate that the City is to be reimbursed for the Fee for Services in accordance with the terms of this Contract. The documents will state that full reimbursement must be received by the City within forty-five (45) days after the award of the contract. 2. TERM. This Agreement shall commence upon execution by the parties, ("Effective Date") and terminate upon completion of the work specified, unless terminated earlier in accordance with the provisions of this Agreement. Articles 6 and 8 herein shall survive the term of this agreement. Consultant represents that it can complete the project within six (6) months after data is supplied to Consultant for the existing Commercial and Industrial account base that will be utilized to prepare the RFP 3. COMPENSATION. This is a fixed-price contract. The City shall pay Consultant an amount not to exceed thirty- nine thousand nine hundred forty and no/100s dollars ($39,940.00) in accordance with the fee schedule incorporated herein as Exhibit B, and subject to the other terms and conditions of this Agreement, in exchange for completion of all tasks and delivery of all services listed in Exhibit A, Scope of Services. In the event of partial performance, the City shall pay Consultant for only the itemized tasks completed and delivered. Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional services and costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first duly approves such expenses in a contract amendment executed by the City Manager or the City Manager's designee. The Consultant shall submit payment invoices to the City. Invoices shall contain a detailed breakdown to include: task or deliverables to the City and date provided for the billing period, the amount billed for each task or deliverable, and the total amount due. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. No interest will accrue on any contested portion of the billing until mutually resolved. City will exercise reasonableness in contesting any billing or portion thereof. Professional Services Agreement Page 1 of 15 4. TERNIINATION. 4.1. Written Notice. The City may terminate this Agreement at any time and for any reason by providing the other parry with 30 days written notice of termination. 4.2 Non-aI�l)ropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall have been appropriated. 4.3 Duties and Obli rations of the Parties. In the event that this Agreement is terminated prior to the Term, the City shall pay Consultant for services actually rendered or consultant shall reimburse the City for services paid for but not actually rendered, up to the date of notice of termination. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing. Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Consultant shall store and maintain City information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 6. RIGHT TO AUDIT. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the consultant involving transactions relating to this Contract at no additional cost to the City. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. Consultant further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all Professional Services Agreement Page 2 of 15 subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Consultant shall operate as an independent contractor as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, contractors and subcontractors. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. 8. LIABILITY AND INDEMNIFICATION. CONSULTANT SHALL BE LL4BLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CA USED BYTHE NEGLIGENTACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CONSULTANT COVENANTSAND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANYRESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 9. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment, the assignee shall execute a written agreement with the City and the Consultant under which the assignee agrees to be bound by the duties and obligations of Consultant under this Agreement. The Consultant and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If the City grants consent to a subcontract, the subcontractor shall execute a written agreement with the Consultant referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Consultant under this Agreement as such duties and obligations may apply. The Consultant shall provide the City with a fully executed copy of any such subcontract. Professional Services Agreement Page 3 of 15 10. INSURANCE. Consultant shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits (a) Automobile Liability $1,000,000 Each accident on a combined single limit basis or $250,000 Bodily injury per person $500,000 Bodily injury per person per occurrence $100,000 Property damage Coverage shall be on any vehicle used by the Consultant, its employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non -owned. (b) Errors & Omissions (Professional Liability): $1,000,000 Per Claim and Aggregate If coverage is written on a claims -made basis, the retroactive date shall be coincident with or prior to the date to the contractual agreement. The certificate of insurance shall state that the coverage is claims -made and include the retroactive date. The insurance shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the services provides under the contractual agreement or for the warranty period, which ever is longer. An annual certificate of insurance submitted to the City shall evidence coverage. 10.2 Certificates. Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. All applicable policies shall be endorsed to name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agent, and volunteers in respect to the contracted services. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. The City reserves the right to make reasonable requests or revisions pertaining to the types and limits of that coverage. A minimum of thirty (30) days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium. Such terms shall be endorsed onto Consultant's insurance policies. Notice shall be sent to the City Manager, City of Paris, 135 SE 111, Paris, Texas 75460, with copies to the City Attorney at the same address. Professional Services Agreement Page 4 of 15 10.3 Additional Insurance Req uirements., The insurance required herein must be provided by an insurer licensed to do business in the State of Texas. The insurance required herein must be provided by an insurer rated by the A.M. Best as "A-" or better or are rated "A" by Standard and Poor's. The insurance required herein shall be in full force and effect at all times during this Agreement. 10.4 Additional Contract Documents The following specified documents attached to this Contract are part of this Contract, except as follows: any provision contained in any of the Contractor's Additional Contract Documents specified below that conflicts with a Contract provision not included in the Contractor's Additional Contract Documents, does not apply to this Contract. (a) Contractor's Additional Contract Documents: Executed Contractor Insurance Requirements and Agreement (required insurance certificate[s] shall be in possession of City at actual commencement of work) — excludes Workers' Compensation and Automobile Insurance. Workers' Compensation to be excluded based on size of company and Auto Insurance to be covered via personnel vehicle insurance. 11. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS. Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Consultant, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Consultant's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant by Consultant, its personal representatives, assigns, subcontractors or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 13. NOTICES.. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: Professional Services Agreement Page 5 of 15 To CITY: City of Paris City Manager Attn: Grayson Path 135 SE 1St Paris, Texas 75460 14. GOVERNMENTAL POWERS. To CONSULTANT: Solid Waste Specialists 705 Unity Drive Leander, TX 78641 It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 15. NO WAIVER. The failure of the City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 16. GOVERNING LAW / VENUE. This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Lamar County, Texas or the United States District Court for the Northern District of Texas. 17. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 18. FORCE MAJEURE. The City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 19. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 20. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Professional Services Agreement Page 6 of 15 Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 21. AMENDMENTS / MODIFICATIONS / EXTENSIONS. No extension, modification or amendment of this Agreement shall be binding upon a party hereto unless such extension, modification, or amendment is set forth in a written instrument, which is executed by an authorized representative and delivered on behalf of such party.. 22. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 23. SIGNATURE AUTHORITY. The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective parry, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. 24. NO WAIVER OF GOVERNMENTAL IMMUNITY. Nothing contained in this Agreement shall be construed as a waiver of City's governmental immunity, or of any damage caps or limitations imposed by law, or any other legal protections granted to City by law, except to the extent expressly provided or necessarily implied herein. 25. MANDATORY OWNERSHIP DISCLOSURE PROVISION. Consultant shall submit completed Texas Ethics Commission Form 1295 Ownership Disclosure form to City at time of execution of Agreement pursuant to Texas Government Code Section 2252.908. 26. MANDATORY ANTI -BOYCOTT AND OTHER PROVISIONS. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. i. Pursuant to Section 2271.002 of the Texas Government Code, Consultant certifies that either (i) it meets an exemption criterion under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the Agreement. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. ii. Pursuant to SB 13, 87th Texas Legislature, Consultant certifies that either (i) it meets an exemption criterion under SB 13, 87th Texas Legislature; or (ii) it does Professional Services Agreement Page 7 of 15 not boycott energy companies, as defined in Section 1 of SB 13, 87th Texas Legislature, and will not boycott energy companies during the term of the Agreement. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. iii. Pursuant to SB 19, 87th Texas Legislature, Consultant certifies that either (i) it meets an exemption criterion under SB 19, 87th Texas Legislature; or (ii) it does not discriminate against a firearm entity or firearm trade association, as defined in Section 1 of SB 19, 87th Texas Legislature, and will not discriminate against a firearm entity or firearm trade association during the term of the Agreement. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. iv. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Consultant certifies Consultant (1) is not engaged in business with Iran, Sudan, or a foreign terrorist organization. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. 27. NON -EXCLUSIVITY. Agreement is non-exclusive and City may enter into a separate Agreement with any other person or entity for some or all of the work to be performed under Agreement. 28. NO THIRD -PARTY BENEFICIARIES. Except as expressly provided herein, nothing herein is intended to confer upon any person other than the parties hereto any rights, benefits or remedies under or because of this Agreement, provided, however, that the described beneficiaries of the indemnity provisions of this Agreement are expressly intended third -parry beneficiaries of this Agreement. 29. BASIC SAFEGUARDING OF CONTRACTOR INFORMATION SYSTEMS. The Consultant shall apply basic safeguarding requirements and procedures to protect the Consultant's information systems whenever the information systems store, process, or transmit any information, not intended for public release, which is provided by or generated for the City. This requirement does not include information provided by the City to the public or simple transactional information, such as that is necessary to process payments. These requirements and procedures shall include, at a minimum, the security control requirements "reflective of actions a prudent business person would employ" which are outlined in the Federal Acquisition Regulations FAR 52.204-21(b) and codified in the Code of Federal Regulations at 48 C.F.R. § 52.204-21(b) (2016). Consultant shall include the substance of this clause in subcontracts under this contract (including subcontracts for the acquisition of commercial items other than commercially available off-the-shelf items) in which the subcontractor may have City contract information residing in or transiting through its information system. Professional Services Agreement Page 8 of 15 30. COUNTERPARTS; PDF SIGNATURES. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any pdf-format or other electronic transmission of any signature of a signatory shall be deemed an original and shall bind such signatory. The remainder of this page is left intentionally blank Professional Services Agreement Page 9 of 15 Exhibit A SCOPE OF WORK PROJECT DESCRIPTION: Preparation of Solid Waste RFP (PROJECT). BASIC SERVICES: Proposal to Provide Procurement Services After receiving a notice to proceed, Solid Waste Specialists will provide the City with a rei,uest for information to be prepared and utilized in the initial Kick -Off Workshop. An example of the data requested would be: Home count and growth estimates for the next contract term City to provide, for the commercial market, dumpster matrix Historical tonnage levels of Residential MSW, brush/bulk The general information that will be incorporated into procurement documents RFP Kick -Off mWgrksho The Kick -Off Workshop will be held with appropriate City leadership and the team of Solid Waste Specialists to introduce all members of the combined team and determine the goals for the procurement process. Before this meeting, SWS will provide a suggested agenda and list of related questions to include the following topics: Discuss the calendar of work. Identify key issues important to the City. Discuss the residential collection service levels. Discuss poly cart sizes, ownership, delivery, and maintenance. Discuss the requirements of a satisfactory transition plan. Discuss performance and liquidated damages. Discuss annual adjustments to the rate(s) and which index to use. Discuss franchise fees, if applicable. Utilization of GPS tracking tools and their relation to customer service. Annual education plan funding and techniques. Discuss the evaluation tool criteria and adjust the topics and weighting methods. Professional Services Agreement Page 10 of 15 Develo Rea�uest form_ProMsalwand Draft Contract SWS will prepare a Request for Proposal utilizing a template design used for procurements of this type and thoroughly explain the scope of work with accompanying pricing guidelines designed to eliminate ambiguity. The RFP document will reflect the current scope of services based on: The most efficient and user-friendly method(s) of collecting MSW at the curb. The homeowner's requirements for bringing yard waste to the curb for collection. Where the Residential waste streams will be taken for disposal, where the commercial and industrial waste streams will be taken, with written assurance of the site's ability to receive and/or process materials throughout the contract term. The RFP document will clearly state the City's expectations, the format required for the proposal submission, and a detailed overview of the judging criteria and process. SWS will work with the City to prepare a draft service contract that will be included in the RFP documents. The draft contract will be reviewed by the City's legal department for approval. The draft contract will contain, at a minimum: The term of the agreement Renewal options Equipment requirements Personnel hiring, training, and observation protocols City personnel transition Service levels for the collection of each type of material Disposal and/or processing of materials Billing and method of annual rate adjustments Liquidated damages Public education expectations for the service provider SWS will provide one copy of each of the final RFP and draft contract documents. The City shall provide the final legal review and printing of documents for distribution. Assist with locatint Potential Vendors SWS will study the competitive market in the surrounding areas and identify those firms that are large enough to handle this contract's scope for the next decade. Firms with prior experience serving a community of this size, in all selected service lines, must be financially capable of securing capital for vehicles and containers. Key criteria recommendations will be a minimum of five (5) years of extjerienee with like -size communities, with staff resumes that indicate long -tenured experience in the industry. Additionally, geographic distance from the firm's facility to Paris will be considered. Professional Services Agreement Page 11 of 15 Pre-Proposal Meetin The SWS team will conduct a pre -proposal meeting approximately two weeks after the City distributes the RFP to the vendors. During this meeting, representatives from both the City and SWS will note questions and staff/consultant responses. For questions posed both during the meeting and during the "open questions" period, SWS will prepare written responses to be distributed to the meeting attendees in the form of addenda modifications to the RFP documents. Provide Evaluation Scoring Method The SWS team will provide the City with a recommended scoring guide template that will utilize the important sections of the RFP's required responses weighted on averages agreed upon by Staff. Evaluation and Selection of Vendor The criteria for review will be based on a final revision of the scoring guide template to be furnished by SWS. It is suggested that at least five (5) members will form a committee to score the proposals. The steps involved in the evaluation will include: Determine if the proposer meets the City's minimum qualifications. Identify whether the proposer has provided the requested information. Using the scoring sheet, evaluate the strengths and weaknesses of each component of the proposals. Review and evaluate the respondent's technical capability by evaluating proposed equipment, work plan, transition plan, etc. Review the respondent's Texas collection outlined in the RFP document. Evaluate cost proposals via the Excel model. Identify questions and negotiating points. When the committee's evaluation is complete, the SWS team will participate in a teleconference meeting with the City to discuss the results and recommend which firm(s) should be interviewed. Interview Selected Firms Following the evaluation of proposals, the SWS team will assist the City with the facilitation of proposer interviews. As part of this task, we will: Assist with identifying proposers to be interviewed. Develop questions for proposer interviews. Participate with city staff in proposed interviews. Professional Services Agreement Page 12 of 15 Citi Council Presentation SWS, working with the City, will prepare a PowerPoint presentation for the Council meeting to explain the process and the recommendation. SWS, with staff approval, will conduct the Q&A session after the presentation. Finalize the Contract SWS will work with the City's legal department to finalize the contract after Council has voted on the Scope of Service. Edits to the contract and supporting documents will be performed in conjunction with the Staff and the City Attorney for final review„ Anticipated Process for This mProj,ect Information Review and Strategy Meeting Establishing the Calendar of Work Preparation of the RFP Presentation of Draft RFP to Staff Adjustments to final product Pre -Bid Meeting Evaluation of Proposals Committee Judging Selection for Interview Interview(s) of selected firm(s) Recommendations to Staff Preparation of Council Presentation Presentation to Council Finalization of Contract In-person meeting Email, Zoom and Phone Email and Phone Email and Phone Email and Phone Zoom meeting Email and Phone Email and Phone Email and Phone Zoom meeting Email and Phone Email and Phone In-person meeting Email and Phone The remainder of this page is left intentionally blank Professional Services Agreement Page 13 of 15 Exhibit B FEE SCHEDULE COMPENSATION: For all professional services included in EXHIBIT `A,' Scope of Services, the CONSULTANT shall be compensated a fee of $39,940.00 as summarized below. The total fee shall be considered full compensation for the services described in EXHIBIT `A', including all labor materials, supplies, and equipment necessary to deliver the services, save and except legal and printing costs. Fee All travel, hotel, and meal expenses are included in the fees. Leal and Printin , costs are to be„ sui t:alied b)� the City. Develop RFP and Contract $39,940 SWS will invoice the City at the following stages in the process: A. Prepare for and Attend Kick Off Meeting ($3,670) B. Completion of RFP and Draft Contract ($15,000) C. Evaluate Responses with Recommendation ($12,970) D. Final Contract Presented to Council ($8,300) Professional Services Agreement Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement: CITY OF PARIS: SOLID WASTE SPECIALISTS By: By: Name: Name: Title: Title: Date: Date: APPROVED AS TO FORM: By:_ City Attorney Professional Services Agreement Page 15 of 15