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ITEM: AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR SOLID WASTE CONSULTING SERVICES
REQUEST: Authorization to enter into an agreement with David Dee, Esquire, Attorney with Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee, LaVia & Wright, P.A. to provide solid waste consulting services in the amount not to exceed $60,000.
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EXPLANATION: Waste Management, Inc. has provided solid waste, vegetative waste, and recycling collection services to the Village since 2007. On September 9, 2014, Council decided to re-bid the solid waste contract instead of renewing the existing contract with Waste Management, Inc. The existing contract is set to expire on September 30, 2015.
Due to the complex nature of the solid waste solicitation and contract, staff reviewed proposals and resumes from four solid waste consultants which provided information as part of a recent solid waste bid by another Palm Beach County municipality. After reviewing the information, staff recommends utilizing the services of Mr. David Dee, Esquire to provide solid waste consulting services to the Village. Mr. Dee is an attorney working in environmental law with a focus on solid waste consulting for 35 years. He has worked with the following local governments in bidding and contracting solid waste services:
· City of Hialeah
· City of Delray Beach
· City of Coral Springs
· City of Sunrise
· Lake County
· St. Johns County
· Putnam County
· Clay County
Mr. Dee also serves as outside counsel for the Solid Waste Authority of Palm Beach County.
Mr. Dee's responsibilities under this agreement may include:
· Meeting with Village Staff to discuss content of the Request for Proposal (RFP) and the exclusive franchise agreement
· Prepare draft RFP and agreement
· Attend pre-proposal conferences
· Assist staff with responses to any questions during the RFP process
· Review proposals and identify whether each proposer provided the required information and complied with the minimum requirements
· Prepare a financial analysis and comparison of each proposal to be provided to the selection committee
· Serve as a technical advisor to the selection committee
· Prepare a final draft report to the Village Council based on findings and conclusions of the selection committee
· Present contract award item for consideration to the Village Council
· Ensure all contract documents are executed inclusive of all insurance and bonding requirements.
Staff expects to issue the RFP in mid-January and proposals will be due by early March with an estimated contract award date of mid-April. The timeline for this solicitation is sensitive since an awarded vendor may require up to five months for commencement of its operations for the Village.
Staff recommends issuing a two step RFP similar to what was issued in 2007, whereby minimum qualification requirements are established. The proposer will be asked to provide a qualifications submittal package and a separate price submittal package. Staff will only open the price submittal packages from those proposers who meet the minimum requirements. The selection committee will score and rank only those proposers who meet the minimum requirements of the RFP.
Before releasing the RFP, staff is seeking direction on a number of decision points that will directly affect the price to provide the required services:
1. New trucks or used trucks with an age limit? Diesel or Natural Compressed Gas?
2. What limits on number of years of current experience, size or number of accounts for providing commercial and residential solid waste, recycling, vegetation and bulk waste services?
3. Automated, semi-automated, or manual experience?
4. Roaming grapple truck to be paid by the Village?
5. Limit on cubic yards of bulk vegetation?
6. Contract term in number of years?
7. Containers to be provided by the Hauler or will the Village continue to purchase?
8. RFP Scoring Criteria weighting?
9. Consultant fees reimbursable by the awarded vendor?
Pursuant to the Village's purchasing Manual legal services are exempt from competition; however since expenditures are expected to be over $25,000, Council approval is required.
Staff recommends entering into an agreement with David Dee, Esquire, to provide solid waste consulting services to the Village.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: Sufficient funds are available in Solid Waste reserves and can be utilized through a budget amendment. Council may decide as part of the RFP to make the consultant's fees reimbursable by the awarded vendor, whereby the budget amendment will not be required.
If the fees are not specified as reimbursed by the awarded vendor, a budget amendment from Solid Waste unassigned reserves in the amount of $60,000 will be issued part and parcel with approval of the contract.
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Authorization to enter into an agreement with David Dee, Esquire, Attorney with Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee, LaVia & Wright, P.A. to provide solid waste consulting services in the amount not to exceed $60,000