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CONTRACTNO._ I i._ _.
•
STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTIES OF TARRANT
DENTON PARKER AND WISE
CONTRACT FOR PROFESSIONAL CONSULTING SERVICES
This Contract is made by the City of Fort Worth, Texas, a municipal corporation situated
in Tarrant, Denton, Parker and Wise Counties, Texas, hereinafter called "City," and SAIC
Energy, Environment & Infrastructure, LLC, a DEL 4 w ti •e C corporation, hereinafter
called "Consultant" both parties acting herein by and through their duly authorized
representatives:
1. Scone of Services.
Consultant shall prepare a marketplace analysis regarding the City's solid waste contracts to
assist the City in making the City's sole decision on whether to extend a renewal term to its solid
waste service providers or to renegotiate and/or to reprocure the City's solid waste services. In
making such assessment, Consultant shall review pertinent documents; and also provide
representation in meetings upon request by the City. The specific scope of services for this
Contract shall be as described the Consultant's Proposal attached as exhibit "A".
2. Master Aureement.
This Contract is entered into in accordance with the master cooperative agreement between
the Houston -Galveston Area Council and Beck Disaster Recovery, Inc. (now SAIC, Inc.the
parent company of SAIC Energy, Environment & Infrastructure, LLC ) dated June 1, 2010,
attached as exhibit "B".
OFFICIAL
RECORD.:
CITY SECRETARY
Ft WORT*I,TX
3. Schedule and Term.
The Consultant shall begin the Scope of Services upon a written Notice to Proceed from the
City and shall deliver the Final Report detailed in Section 6 of the Scope of Services within
eighty-five (85) days from the City's Notice to Proceed, unless otherwise agreed to in writing by
both parties.
4. Compensation.
a. The amount to be paid to Consultant for all services performed hereunder shall not
exceed seventy-nine thousand seven hundred dollars ($79,700.00), hereinafter "Consultant's
Fee." The Consultant's Fee shall include all expenses incurred by Consultant on an hourly and
expense basis as set out in the fee schedule in exhibit "A" attached and incorporated herein in the
accomplishment of Section 1, Scope of Services, above.
b. It is understood that this Contract contemplates the provision of full and complete
consulting services for this project, including any and all necessary changes or contingencies to
complete the work as outlined in Section 1, for the fee described in this Section 4.a. Any service
deemed necessary by the Consultant, but beyond the stated Scope of Services must be expressly
authorized in writing by the City PRIOR to implementation of that service.
5. Data.
The City has a right to and shall be the sole proprietor of any and all data compiled,
analyses performed and presentations and reports drafted by the Consultant in his or her
fulfillment of the terms of this Contract for Professional Consulting Services. All documents and
data prepared or furnished by Consultant and Consultant's independent professional associates
and subcontractors pursuant to this Contract are instruments of service in respect to the Scope of
Services in Section 1 herein and Consultant shall retain an ownership and property interest
therein The City shall have the right to use and may make and retain copies of such documents
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and data; however, Consultant does not warrant or represent such documents and data are
appropriate for reuse on other projects by City or by others.
6. Termination.
a. City may terminate this Contract at any time for any cause by notice in writing to
Consultant. Upon the receipt of such notice, Consultant shall immediately discontinue all
services and work and the placing of all orders or the entering into contracts for all supplies,
assistance, facilities and materials in connection with the performance of this Contract and shall
proceed to cancel promptly all existing contracts insofar as they are chargeable to this Contract.
If the City terminates this Contract under this Section 6 a , the City shall pay Contractor for
services actually performed in accordance herewith prior to such termination, less such payments
as have been previously made, in accordance with a final statement submitted by Consultant
documenting the performance of such work.
b. In the event no funds or insufficient funds are appropriated and budgeted by City in
any fiscal period for any payments due hereunder, City will promptly notify Consultant of such
occurrence and this Contract shall terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except
as to the portions of the payments herein agreed upon for which funds shall have been
appropriated and budgeted.
c. Upon termination of this Contract for any reason, Consultant shall provide the City
with copies of all completed or partially completed documents prepared under this Contract.
7. Indemnification.
Consultant shall release, defend, indemnify and hold harmless City and its officers,
agents and employees from and against all damages, injuries (including death), claims,
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property damages (including loss of use), losses, demands, suits, judgments and costs,
including reasonable attorney's fees and expenses, in any way arising out of, related to, or
resulting from the performance of the work or caused by the negligent act or omission of
Consultant, its officers, agents, employees, or subcontractors. The Consultant shall not be
obligated or liable to the City for any claim arising in connection with this Agreement
except its own negligence that is the fault of the Consultant, and/or its agents, employees,
subcontractors, assignees, or others affiliated with Consultant.
8. Independent Contractor.
Consultant shall perform all work and services hereunder as an independent contractor
and not as an officer, agent or employee of the City. Consultant shall have exclusive control of,
and the exclusive right to control, the details of the work performed hereunder and all persons
performing same and shall be solely responsible for the acts and omissions of its officers, agents,
employees and subcontractors. Nothing herein shall be construed as creating a partnership or
joint venture between the City and the Consultant, its officers, agents, employees and
subcontractors; and the doctrine of respondeat superior shall have no application as between the
City and the Consultant.
9. Disclosure of Conflicts.
Consultant warrants to the City that it has made full disclosure in writing of any
existing or potential conflicts of interest related to the services to be performed hereunder.
Consultant further warrants that it will make prompt disclosure in writing of any conflicts of
interest that develop subsequent to the signing of this Contract.
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10. 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 any directly pertinent
books, documents, papers and records of the Consultant involving transactions relating to this
Contract. Consultant agrees that the City shall have access during normal working hours to all
necessary Consultant facilities and shall be provided adequate and appropriate workspace 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 the expiration of
three (3) years after final payment under the subcontract, have access to and the right to examine
any directly pertinent books, documents, papers and records of such subcontractor involving
transactions to the subcontract, and further that City shall have access during normal working
hours to all subcontractor facilities and shall be provided adequate and appropriate workspace in
order to conduct audits in compliance with the provisions of this paragraph. City shall give
subcontractor reasonable advance notice of intended audits.
11. Prohibition of Assignment.
Neither party hereto shall assign, sublet or transfer its interest herein without the prior
written consent of the other party, and any attempted assignment, sublease or transfer of all or
any part hereof without such prior written consent shall be void.
12. Choice of Law; Venue.
This Contract shall be construed in accordance with the internal law of the State of Texas.
Should any action, whether real or asserted, at law or in equity, arise out of the terms of this
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Contract; venue for any action arising under the terms and conditions of this Agreement shall lie
in the state courts located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas, Fort Worth Division.
13. Severability of Provisions.
If any of the Provisions contained in this Agreement shall be held, for any reason, to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability,
shall be construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
14. Sole Agreement.
This Agreement constitutes the sole and only agreement of the parties hereto and
supersedes any prior understanding or written or oral agreements between the parties respecting
the subject matter If there is a conflict between this agreement and the master cooperative
purchasing agreement or exhibit "A", then the terms of this Contract shall prevail.
15. Notices.
All notices required or permitted under this Contract may be given to a party personally
or by mail, addressed to such party at the address stated below or to such other address as one
party may from time to time notify the other in writing. Any notice so given shall be deemed
received when deposited in the United States mail so addressed with postage prepaid'
CITY:
DEPARTMENT OF CODE COMPLIANCE, SOLID WASTE DIVISION, CITY OF FORT WORTH
BRANDON BENNET, DIRECTOR
818 MISsouRI AVE.
FORT WORTH, TEXAS 76104
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CONSULTANT:
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16. Parties Bound .
This Contract shall be binding upon the successors and assigns of both parties in like
manner upon the original parties.
EXECUTED on this, the /4 day of Mardi
CITY OF FORT WORTH
°r--114-ndere
es W. Daniels
By: £lharles .In��,L,g
Assistant City Manager
Its:
Christa R. R:= olds
Sr. Assistant City Attorney
42
kna- /
r, City Secretary )
I "ID�C y Jr. rAysev)
SolidWasteContractsReviewcrrv2
, 2012.
AIC ENE C GY, ENV ONMENT &
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Contract AuthOriz&tion
Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTHII TX
Exhibit A
Proposal
Exhibit B
Master Agreement
Solid WasteContractsReviewcrrv2
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SAIC
January 10, 2012
Mr. Kim Mote
City of Fort Worth
Environmental Management Department
4100 Columbus Trail
Fort Worth, Texas 76133
Subject: Evaluation of Select Solid Waste Contracts e Proposal
Dear Mr. Mote:
SAIC Energy, Environment & Infrastructure, LLC (formerly R. W. Beck) is pleased to offer our
services to the City of Fort Worth (City) to evaluate select solid waste contracts. This letter provides
an overview of each of the tasks that would be involved in assisting the City, a timeline for the
completion of each of these tasks and a schedule of fees associated with the performance of these
services.
Scope of Work
The purpose of this Scope of Work is to assist the City in evaluating select solid waste contracts. In
addition, SAIL will assist the City in determining whether to renegotiate the solid waste contracts or
to reprocure the services. Contracts to be evaluated during the course of this evaluation include the
following:
Waste and recyclables collection from residences and limited commercial establishments
Bulk waste collection
Waste and recyclables carts supply, repair and maintenance
Bulk waste disposal and yard waste processing
Recyclables processing and marketing
Hauling materials from the City drop-off stations
Task 1: Data Request and Review, Kick-off Meeting, Field Observations and
Contractor Interviews
Task 1 A — Initial Data Request and Review
Following receipt of the Notice to Proceed, SAIC will provide the City with a detailed data request
that encompasses data needs for completing the review. The data request will itemize our needs for
SAIC Energy, Environment & Infrastructure, LLC
5806 Mesa Drive, Suite 310 Austin, TX 78737 tel: 512.450.0991 fax: 572.450.0515 saic.com/EEandl
Mr. Kim Mote
January 10, 2012
Page 2
understanding the contractual, operational and financial considerations that must be addressed. This
task also includes organization and preliminary analysis of all data received.
Task 1B — Kick-off Meeting and Project Management
Prior to commencing the study, members of the Project Team would meet with City staff. At this
kick-off meeting we would discuss the project work plan, key issues to be addressed, key findings
from previous engagements (as appropriate) and confirm timing associated with the various project
tasks, etc.
We expect the kick-off meeting to be attended by three SAIC professionals, and last no longer than a
half day. SAIC would request that City staff arrange for a meeting room and coordinate to ensure
that appropriate individuals are present. SAIC will provide the agenda and any handout materials at
least two days in advance.
As part of the kick-off meeting, we would discuss our initial data request (as described in Task 1A)
that we would have provided to the City staff seven to fourteen days prior to the kick-off meeting.
In addition, SAIC will identify primary contacts for both our Project Team and the City and establish
protocol for the exchange of information and the resolution of issues that arise in the normal course
of this engagement. To ensure effective communication between Project Team members and the
City throughout the course of this project, it is proposed that SAIC will:
• Schedule and participate in periodic conference calls as needed to discuss project matters
• Prepare brief monthly summaries of project status to accompany SAIC's invoices
• Be available for other communication(s) as needed
Task 1C —Field Observations and Contractor Interviews
To gain a first-hand understanding of each of the contracts being evaluated, SAIC will conduct field
observations and contractor interviews. SAIC has budgeted for the three consultants that will attend
the kick-off meeting to each spend three days in the field, which will occur during the same trip as
the kick-off meeting. For each of the six contracts being evaluated, SAIC will conduct limited field
observations of the operations and/or site visits to the facilities. We will also interview
representatives from the contracted companies. This effort will provide SAIC with an accelerated
understanding of key issues that will need to be addressed in this evaluation. During the interviews
with the contracted companies, SAIC will ask each contractor for an update regarding the status of
their compliance with minority/women owned businesses requirements that are included in the
existing contracts.
Task 1 Deliverables
• Preliminary data request
SAIC Energy, Environment & Infrastructure, LLC
5806 Mesa Drive, Suite 310 Austin, TX 78737 tel: 512.450.0991 I fax: 512.450.0515 1 saic.com/EEandl
Mr. Kim Mote
January 10, 2012
Page 3
• Printed and electronic copies of the kick-off meeting agenda
• Participation of three SAIC professionals in kick-off meeting
• Participation of three SAIC professionals in three days of field observations and contractor
interviews
Task 2: Review Contracts
SAIC will review each of the six contracts identified in the introductory section of this Scope of
Work. For each contract, SAIL will provide the City with a set of comments that will address the
following issues:
■
■
•
•
Provide comments and recommendations regarding proposed changes to the contract terms.
These proposed changes and recommendations will be intended to reflect "best practices" and
industry trends.
Identify key issues for negotiations with existing contractors and/or reprocurement.
Identify value added services that could be provided by the contractors. Examples of issues to be
addressed could include but not be limited to types of materials to be processed at the material
recovery facility (MRF), use of technology and provision of data, cap on the fees charged for
recycling processing and location of the MRF (within the City of Fort Worth).
Identify performance standards specific to each contract type. For this task, SAIC's focus will be
to develop objective criteria that will allow the contractor to meet performance standards, as
opposed to specifically stating how the contractor should provide the service. Examples of
performance standards to be evaluated will include but not be limited to customer complaints for
collection operations, recovery rate at the MRF, turnaround time at the disposal and processing
facilities, provision of data from the various operations.
As part of Task 2, SAIC will identify issues and provide broad recommendations on how to address
these issues. This task does not include rewriting specific portions of the contracts.
Task 2 Deliverables
• Comments to each of the six contracts either electronically (via tracked changes) and/or in a
memorandum.
• Report section summarizing the analysis.
Task 3: Review Strategic Procurement Issues
City staff have identified several strategic procurement issues that SAIL will evaluate as a part of
this project. These issues include:
SAIC Energy, Environment & Infrastructure, LLC
5806 Mesa Drive, Suite 310 ( Austin, TX 78731 tel: 512.450.0991 f fax: 512.450.0515 saic.com/EEandl
Mr. Kim Mote
January 10, 2012
Page 4
•
Should the City consider dividing the City into two sectors and utilize multiple contractors for the
contract for waste and recyclables collection from residences and limited commercial
establishments?
Should the City consider hauling materials from the City drop-off stations with City resources?
Should the City consider collecting brush and bulky materials with City resources?
What can the City provide to the collection and/or processing contractors as incentives to reduce
contamination?
What additional incentives (if any) should the City provide to customers for reducing
contamination? SAIL will evaluate options such as financial rewards (e.g. Recycle Bank or Think
Green Awards), ordinance changes (e.g. additional fees for not recycling properly).
For each of these issues, SAIC will prepare a PowerPoint presentation that will summarize the issue,
provide a list of pros and cons and summarize key recommendations for consideration by the City.
SAIC will discuss these issues with City staff during the workshop described in Task 5.
Task 3 Deliverable
• PowerPoint presentation
Task 4: Market Analysis
SAIC will conduct a market analysis to assist the City in understanding the competitiveness of
pricing for existing contractors' services. SAIC will specifically compare the pricing in place for
Fort Worth's solid waste contracts to the following:
• Results from other recent solid waste procurements
I. Existing pricing for other communities that contract for comparable services
• Cost of service for other communities that provide the services with city resources
For each of the six contracts, SAIC will provide comparisons and our opinions of the value that the
City is receiving. On a limited basis, SAIC will also have discussions with other vendors to assess
their interest in competing for the various contracts and their potential pricing.
Task 4 Deliverable
• Report section summarizing the analysis
Task 5: Procurement Planning and Strategy Workshop
Based on the analysis from Tasks 1 — 4, SAIC will conduct a one day workshop with City staff.
SAIL will present the results from the prior tasks through a combination of PowerPoint presentations
and review of previously submitted draft report sections. The primary purpose of this workshop will
SAIC Energy, Environment & Infrastructure, LLC
5806 Mesa Drive, Suite 310 Austin, TX 78731 tel: 512.450.0991 I fax: 512.450.0515 saic.com/EEandl
Mr. Kim Mote
January 10, 2012
Page 5
be to assist City staff in deciding the next steps for each contract. This will specifically address
whether the City should renegotiate contracts with existing contractors versus whether the City
should reprocure the services.
Task 5 Deliverable(s)
IS Participation by three SAIC consultants at a one day workshop
• PowerPoint presentation
• Report section that summaries key outcomes and recommended next steps for the City
Task 6: Final Report
Upon receipt of City staff recommendations and comments to the various deliverables described in
Tasks 1 — 5, SAIC will combine these documents into a single report, SAIC will address appropriate
changes and provide the City with a final report. We will issue the final report within three weeks of
receiving comments from the City.
Task 6 Deliverable(s)
• Ten printed and one electronic version of the final report
Project Schedule
The following is a timeline for the completion of the project. The project schedule is based on
completing Tasks 1 — 5 nine weeks after receiving the Notice to Proceed (NTP) from the City. The
Final Report will be submitted to the City within three weeks of completing the workshop in Task 5.
SAIL has also assumed that the project will start in early February 2012.
SAIC Energy, Environment & Infrastructure, LLC
5806 Mesa Drive, Suite 310 Austin, TX 78731 tel: 512.450.0991 fax: 512.450.0515 saic.com/EEandl
Mr. Kim Mote
January 10, 2012
Page 6
Task
Number Task Description Schedule
1
Data Request and Review, Kick-off Meeting and Field
Observations and Contractor Interviews
2 Review Contracts
3 Review Strategic Procurement Issues
4 Market Analysis
5 Procurement Planning and Strategy Workshop
6 Final Report
ram- e e S
Complete 3 weeks after NTP
Complete 6 - 8 weeks after NTP
Complete 6 - 8 weeks after NTP
Complete 8 weeks after NTP
Conduct 9 weeks after NTP
Deliver 3 weeks after completing
workshop in Task 5
SAIC will complete Tasks 1 — 6 for a budget of $79,700. These costs include professional fees and
out-of-pocket expenses.
Task
Description
Proposed
Cost
1
Data Request and Review, Kick-off Meeting, Field
Observations and Contractor Interviews
1A. Initial Data Request and Review
1 B. Kick-off Meeting and Project Management
1 C. Field Observations and Contractor Interviews
2 Review Contracts
3 Review Strategic Procurement Issues
4 Market Analysis
5 Procurement Planning and Strategy Workshop
6 Final Report
Proposed Budget
$ 2,700
$ 8,000
$ 13,600
$ 23,300
$ 10,100
$ 9,000
$ 8,500
$ 4,500
$ 79,700
SAIC Energy, Environment & Infrastructure, LLC
5806 Mesa Drive, Suite 310 Austin, TX 78731 tel: 5 72.450.099 7 fax: 5 72.450.0515 saic.com/EEandl
Mr. Kim Mote
January 10, 2012
Page 7
Services will be billed on a task basis. However, the City may elect to expand the scope of any task,
depending on its needs. Such additional services will be billed to the City on a time and expense
basis, based on the following billing rates:
Role Rate
NMI
Project Manager/Principal
Assistant Project Manager
Technical Advisor
Senior Consultant
Consultant
Staff Consultant
Administrative
$215
$135
$275
$175
$100
$85
$50
Conclusion
Thank you for this opportunity, and we look forward to working with the City. Please contact Scott
Pasternak at (512) 651-6405 to discuss any questions, or to determine how we should proceed.
Sincerely,
SAIC Energy, Environment & Infrastructure, LLC
Scott Pasternak
Project Manager
Dave Yanke
Vice President
SAIC Energy, Environment & Infrastructure, LLC
5806 Mesa Drive, Suite 3 70 Austin, TX 7873 7 tel: 572.450.0991 fax: 512.450.0575 saic.com/EEandl
Professional Planning & Consulting Services Page 1 of 4
A CONTRACT BETWEEN
HOUSTON-GALVESTON AREA COUNCIL
Houston, Texas
AND
BECK DISASTER RECOVERY, INC.
Maitland, Florida
This Contract is made and entered into by the Houston -Galveston Area Council of Governments, hereinafter referred to as H-G C,
having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, AND, Beck Disaster Recovery, nc.,
hereinafter referred to as the CONTRACTOR, having its principal place of business at 2301 Lucien Way, Suite 120, Maitland, Flqrida
32751.
ARTICLE 1: SCOPE OF SERVICES
The parties have entered into a Professional Planning & Consulting Services Contract to become effective as of June 1 2010, and to
continue through May 31, 2013 (the "Contract '), subject to extension upon mutual agreement of the CONTRACTOR and H-GAC H-
GAC enters into the Contract as Agent for participating governmental agencies, each hereinafter referred to as END USER, fox` the
purchase of Professional Planning & Consulting Services offered by the CONTRACTOR. The CONTRACTOR agrees to sell
Professional Planning & Consulting Services through the H-GAC Contract to END USERS
ARTICLE 2: THE COMPLETE AGREEMENT
The Contract shall consist of the documents identified below in order of precedence:
1. The text of this Contract form, including but not limited to, Attachment A
2. General Terms and Conditions
3. Proposal Specifications No: EN06-10, including any relevant suffixes
4. CONTRACTOR's Response to Proposal No: EN06-10, including but not limited to, prices and options offered
All of which are either attached hereto or incorporated by reference and hereby made a part of this Contract, and shall constitute the
complete agreement between the parties hereto. This Contract supersedes any and all oral or written agreements between the parties rel 'ling
to matters herein. Except as otherwise provided herein, this Contract cannot be modified without the written consent of both partie.
ARTICLE 3: LEGAL AUTHORITY
CONTRACTOR and H-GAC warrant and represent to each other that they have adequate legal counsel and authority to enter into this
Contract. The governing bodies, where applicable, have authorized the signatory officials to enter into this Contract and bind the parties to
the terms of this Contract and any subsequent amendments thereto.
ARTICLE 4: APPLICABLE LAWS
The parties agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, directives, issuan yes,
ordinances, and laws in effect or promulgated during the term of this Contract.
ARTICLE 5: INDEPENDENT CONTRACTOR
The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of H-GAC or
CONTRACTOR No provision of this Contract or act of H-GAC in performance of this Contract shall be construed as making
CONTRACTOR the agent, servant or employee of H-GAC, the State of Texas or the United States Government Employee of
CONTRACTOR are subject to the exclusive control and supervision of CONTRACTOR. CONTRACTOR is solely responsiblei for
employee payrolls and claims arising therefrom.
ARTICLE 6: END USER AGREEMENTS
H-GAC acknowledges that the END USER may choose to enter into an End User Agreement with the CONTRACTOR through :his
Contract and that the term of said Agreement may exceed the term of the H-GAC Contract. However this acknowledgement is not to be
construed as H-GAC's endorsement or approval of the End User Agreement terms and conditions. CONTRACTOR agrees not to offet to,
agree to or accept from END USER any terms or conditions that conflict with or contravene those in CONTRACTOR's H-GAC contr et,
Further, termination of this Contract for any reason shall not result in the termination of the underlying End User Agreements entered into
between CONTRACTOR and any END USER which shall, in each instance, continue pursuant to their stated terms and duration. The
only effect of termination of this Contract is that CONTRACTOR will no longer be able to enter into any new End User Agreements With
END USERS pursuant to this Contract. Applicable H-GAC order processing charges will be due and payable to H-GAC on any End User
H:\CONTRACTS\Professional Planning & Consulting Services \Beck Disaster Recovery, Inc.\EN06-I0.3
Professional Planning & Consulting Services
Agreements surviving termination of this Contract between H-GAC and CONTRACTOR .
Page 2 of 4
ARTICLE 7: SUBCONTRACTS & ASSIGNMENTS
CONTRACTOR agrees not to subcontract assign, transfer, convey, sublet or otherwise dispose of this Contract or any right, title, obligatipn or
interest it may have therein to any third party without prior written notice to H-GAC. H-GAC reserves the right to accept or reject any (such
change. CONTRACTOR shall continue to remain responsible for all performance under this Contract regardless of any subcontract or
assignment. H-GAC shall be liable solely to CONTRACTOR and not to any of its Subcontractors or Assignees.
ARTICLE 8: EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS
CONTRACTOR shall maintain during the course of its work, complete and accurate records of items that are chargeable to END USER t nder
this Contract. H-GAC through its staff or its designated public accounting firm the State of Texas, or the United States Government shall have
the right at any reasonable time to inspect copy and audit those records on oroffthe premises of CONTRACTOR. Failure to provide access to
records may be cause fot termination of this Contract. CONTRACTOR shall maintain all records pertinent to this Contract for a period of not
less than five (5) calendar years from the date of acceptance of the final contract closeout and until any outstanding litigation, audit or claim has
been resolved. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained
CONTRACTOR further agrees to include in all subcontracts under this Contract, a provision to the effect that the subcontractor agreesi that
H-GAC S duly authorized representatives, shall, until the expiration of five (5) calendar years after final payment under the subcontractor until
all audit findings have been resolved, have access to, and the right to examine and copy any directly pertinent books, documents, papers
invoices and records of such subcontractor involving any transaction relating to the subcontract.
ARTICLE 9: REPORTING REOUIRLMENTS
CONTRACTOR agrees to submit reports or other documentation in accordance with the General Terms and Conditions of the Proposal
Specifications If CONTRACTOR fails to submit to H-GAC in a timely and satisfactory manner any such report or documentation, or
otherwise fails to satisfactorily render performance hereunder, such failure may be considered cause for termination of this Contract.
ARTICLE 10: MOST FAVORED CUSTOMER CLAUSE
If CONTRACTOR, at any time during this Contract , routinely enters into agreements with other governmental customers within the State
of Texas, and offers the same or substantially the same products/services offered to H-GAC on a basis that provides prices, warran tes,
benefits, and or terms more favorable than those provided to H-GAC, CONTRACTOR shall notify H-GAC within ten (10) business cays
thereafter of that offering and this Contract shall be deemed to be automatically amended effective retroactively to the effective date o' the
most favorable contract wherein CONTRACTOR shall provide the same prices, warranties, benefits, or terms to H-GAC and its END
USER. H-GAC shall have the right and option at any time to decline to accept any such change, in which case the amendment shall be
deemed null and void If CONTRACTOR is of the opinion that any apparently more favorable price, warranty, benefit, or term charged
and/or offered a customer during the term of this Contract is not in fact most favored treatment, CONTRACTOR shall within ten (10)
business days notify H-GAC in writing, setting forth the detailed reasons CONTRACTOR believes aforesaid offer which has been deemed
to be a most favored treatment, is not in fact most favored treatment. H-GAC, after due consideration of such written explanation, May
decline to accept such explanation and thereupon this Contract between H-GAC and CONTRACTOR shall be automatically amended,
effective retroactively, to the effective date of the most favored agreement, to provide the same prices, warranties, benefits, or terms tq H-
GAC.
The Parties accept the following definition of routine: A prescribed, detailed course of action to be followed regularly; a standard procedure.
EXCEPTION: This clause shall not be applicable to prices and prtce adjustments offered by a bidder proposer or contractor, which
are not within bidder's/ proposer's control [example; a manufacturer's bid concession], or to any prices offered to the Federal
Government and its agencies.
ARTICLE 11: SEVERABILITY
All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect my
other term of this Contract, which shall continue in full force and effect
ARTICLE 12: DISPUTES
Any and all disputes concerning questions of fact or of law arising under this Contract, which are not disposed of by agreement shall be decii led
by the Executive Director of H-GAC or his designee, who shall reduce his decision to writing and provide notice thereof to CONTRACTOR.
The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of
such notice, CONTRACTOR requests a rehearing from the Executive Director of H-GAC. In connection with any rehearing under this
Article, CONTRACTOR shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the
Executive Director after any such rehearing shall be final and conclusive. CONTRACTOR may if it elects to do so, appeal the final and
H:\CONTRACTS\Professional Planning & Consulting Services \Beck Disaster Recovery, Inc.\EN06-10.3
Professional Plannins & Consulting Services Page 3 of 4
conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder,
CONTRACTOR shall proceed diligently with the performance of this Contract and in accordance with H-GAC'S final decision.
ARTICLE 13: LIMITATION OF CONTRACTOR'S LIABILITY
Except as specified in any separate writing between the CONTRACTOR and an END USER, CONTRACTOR's total liability under this
Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify
H-GAC described in Article 14, is limited to the price of the particular products/services sold hereunder and CONTRACTOR agrees either to
refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will CONTRACTOR be liable for any Ions of
use, loss of time, inconvenience commercial loss, lost profits or savings or other incidental, special or consequential damages to the full extent
such use may be disclaimed by law. CONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon demand to
END USER any amounts determined by H-GAC , its independent auditors, or any agency of State or Federal government to have been paid in
violation of the terms of this Contract.
ARTICLE 14: LIMIT OF H-GAC'S LIABILITY AND INDEMNIFICATION OF H-GAC
H-GAC's liability under this Contract, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to its
order processing charge In no event will H-GAC be liable for any loss of use, loss of time, inconvenience, commercial loss, lost profis or
savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law. Contractor agrees, t the
extent permitted by law, to defend and hold harmless H-GAC, its board members, officers, agents, officials employees, and indemnities om
any and all claims, costs expenses (including reasonable attorney fees) actions, causes of action, judgments and liens arising as a result of
CONTRACTOR's negligent act or omission under this Contract. CONTRACTOR shall notify H-GAC of the threat of lawsuit or of any
actual suit filed against CONTRACTOR relating to this Contract.
ARTICLE 15: TERMINATION FOR CAUSE
H-GAC may terminate this Contract for cause based upon the failure of CONTRACTOR to comply with the terms and/or conditions of the
Contract; provided that It-GAC shall give CONTRACTOR written notice specifying CONTRACTOR'S failure. If within thirty (30)
days after receipt of such notice, CONTRACTOR shall not have either corrected such failure, or thereafter proceeded diligent) to
complete such correction then H-GAC may, at its option place CONTRACTOR in default and the Contract shall terminate on the 4iate
specified in such notice. CONTRACTOR shall pay to H-GAC any order processing charges due from CONTRACTOR on that porion
of the Contract actually performed by CONTRACTOR and for which compensation was received by CONTRACTOR.
ARTICLE 16: TERMINATION FOR CONVENIENCE
Either H-GAC or CONTRACTOR may cancel or terminate this Contract at any time by giving thirty (30) days written notice to the other.
CONTRACTOR may be entitled to payment from END USER for services actually performed; to the extent said services are satisfaci ory
to END USER CONTRACTOR shall pay to H-GAC any order processing charges due from CONTRACTOR on that portion of the
Contract actually performed by CONTRACTOR and for which compensation is received by CONTRACTOR.
ARTICLE 17: CIVIL AND CRIMINAL PROVISIONS AND SANCTIONS
CONTRACTOR agrees that it will perform under this Contract in conforniance with safeguards against fraud and abuse as set forth by
II -CAC, the State of Texas, and the acts and regulations of any funding entity. CONTRACTOR agrees to notify H-GAC of any suspected
fraud, abuse or other criminal activity related to this Contract through filing of a written report promptly after it becomes aware of such activity
ARTICLE 18 GOVERNING LAW & VENUE
This Contract shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under orin
connection with this Contract shall he exclusively in Harris County, Texas. Disputes between END USER and CONTRACTOR are tbe
resolved in accord with the law and venue rules of the state of purchase. CONTRACTOR shall immediately notify H-GAC of such disputes.
ARTICLE 19. PAYMENT OF H-GAC ORDER PROCESSING CHARGE
CONTRACTOR agrees to sell its products to END USERS based on the pricing and other terms of this Contract, including, but not
limited to the payment of the applicable H-GAC order processing charge. On notification from an END USER that an order has b':en
placed with CONTRACTOR, H-GAC will invoice CONTRACTOR for the applicable order processing charge. Upon delivery of °any
product/service by CONTRACTOR and acceptance by END USER, CONTRACTOR shall, within thirty (30) calendar days or ten (10)
business days after receipt of payment, whichever is less, pay H-GAC the full amount of the applicable order processing charge, whether or
not CONTRACTOR has received an invoice from H-GAC. For sales made by CONTRACTOR based on this contract, including sales
to entities without Interlocai Contracts, CONTRACTOR shall pay the applicable order processing charges to H-GAC. Further,
CONTRACTOR agrees to encourage entities who are not members of H-GAC s Cooperative Purchasing Program to execute an H-G4C
Interlocal Contract. H-GAC reserves the right to take appropriate actions including but not limited to, contract termination if
H:\CONTRACTS\Professional Planning & Consulting Services \Beck Disaster Recovery, Inc.\EN06-10.3
Professional Planning & Consulting Services Page 4 o14
CONTRACTOR fails to promptly remit H-GAC's order processing charge. In no event shall H-GAC have any liabili y to
CONTRACTOR for any goods or services an END USER procures from CONTRACTOR.
ARTICLE 20: LIOUIDATED DAMAGES
Any liquidated damages terms will be determined between CONTRACTOR and END USER at the time END USER's purchase order is
placed.
ARTICLE 21: PERFORMANCE BONDS FOR INDIVIDUAL ORDERS
Except as described below for fire apparatus, CONTRACTOR agrees to provide a Performance Bond at the request of END USER within
ten (10) days of receipt of END USER's purchase order.
It shall be standard procedure for every order received for fire apparatus that a Performance Bond in the amount of the order be provid;d to
the END USER. Failure of CONTRACTOR to provide such performance bond within ten (10) days of receipt of' END USER's order
may constitute a total breach of contract and shall be cause for cancellation of the order at END USER's sole discretion END USER may
choose to delete the requirement for a Performance Bond at END USER's sole discretion. If the bond requirement is waived END U SER
shall be entitled to a price reduction commensurate with the cost that would have been incurred by CONTRACTOR for the bond
ARTICLE 22: CHANGE OF CONTRACTOR STATUS
CONTRACTOR shall immediately notify H-GAC in writing, of ANY change in ownership, control, dealership/franchisee status, Motor
Vehicle license status, or name, and shall also advise whether or not this Contract shall be affected in any way by such change H-GAC
shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and
including cancellation of Contract.
ARTICLE 23: LICENSING REOUIRED BY TEXAS MOTOR VEHICLE BOARD /IFAPPLICABLE1
CONTRACTOR will for the duration of this Contract maintain current licenses that are required by the Texas Motor Vehicle CommiAsion
Code If at any time during this Contract period, any CONTRACTOR'S license is not renewed, or is denied or revoked CONTRACTOR
shall be deemed to be in default of this Contract unless the Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide
copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their duly authorized representatives.
Signed for Houston -Galveston
Area Council Houston, Texas:
Attest for Houston -Galveston
Area Council, Houston, Texas:
Signed for Beck Disaster Recovery, Inc.
Maitland, Florida:
Printed Name &
Attest for Beck Disaster Recovery, Inc.
Maitland, Florida:
Printed Name & Title: B
ack Steele; Exeolitive Director
Deidte
�ireq'for of Public Services
Date: 4O 3 .20
athan Burgiel, • resident
C
Date: June 1
ra, Contract Administrator
Date: June 1
2010
2010
H:\CONTRACTS\Professional Planning & Consulting Services \Beck Disaster Recovery, Inc.\EN06-10.3
Attachment A
Beck Disaster Recovery, Inc.
Professional Planning & Consulting Services
Contract No. EN06-10
The Professional Planning and Consulting Services (for security, disaster preparedness,
and emergency response and recovery) provided under this contract, and the allowable
charges for those services, shall be per contractor's proposal submitted March 9, 2010
in response to H-GAC Request For Proposals EN06-10.
Services Included:
Emergency Management Consulting Services
Debris Program Management Consulting Services
Grant Administration and Management Services
Vulnerability /Hazards Identification/Risk Assessment
Security and Surveillance Services
Environmental Services
Logistics
Interoperability, Situational Awareness, and Command & Control
Cate so
Homeland Security and Emergency Management Consulting/Planning Hourly Rates
Hourl
Rates
Subject Matter Expert
Exeoutivteonstiltanit Planner / Engineer / Scientist / Assessor /Analyst
Principal Consultant / Planner / Engineer / Scientist / Assessor / Analyst
Senior Teohnieal Specialist
Principal -in -Charge /Senior Program Manager
Project/Prngrarn_Manager
Senior Public Assistance / Grant Management Consultant
Gperyising Consultant / ( tanner 1 Engineer iSoisriti t I Assessor t Analyst
Senior Consultant/ Planner / Engineer / Scientist 1 Assessor / Analyst
public Assistance /Grant Management Consultant
Senior Planner / Engineer / Assessor /Scientist /Analyst
Senior Oracla D13A:.
Project Manager / Consultant / Planner / Engineer /Scientist / Assessor / Analyst III
Project Manager tConsultant/ Planner/Engineer /Scientist:%Assessar /Analyst 11 1
Fire/HAZMAT Subject Matter Expert/Trainer
Consultant/ Plan ner /-Engineer ! Scientist/Assessorr l Analyst
Law Enforcement Subject Matter Expertfrrainer
System Administrator
$244.00
-2500
$210.00
$205.66 -
$192.00
$175.00
$175,00
$156 00
$150.00
$ 50tx
$145.00
3� 0t3'
$135.00
`-$12500_
$122.00
$11500
$110.00
$405:00
•
Cate s or
Program Planner / Engineer !,Scientist! Assessor / Analyst
Assistant Planner / Engineer I Sc ender.% Assessor % Analyst
Engineer / Consulting Aide
Oracle DSA`
PrQject Control Speciaiist-
; Engrneerl Planning Aida -
Engineer / Analytical Aide
Service: Center.ogisties Seciaiist:
Research Assistant II
Adm hrstratiViSpecialisi llf
Help Desk Operator
COMt4i. Technician -
Proposal Coordinator
Reseaic Ass'►staht
Administrative Specialist II
AdMinrattellyez pee) list_
Cate + or
•
Debris Program Management Hourly Rates
Field Project Manager
OS.:Op-Orator .:.
Deputy Field Project Manager'
,Operations -Manager:
Data Manager
Field Supervisor`
Billing/Invoice Manager
Billirigllrivpice Analjist.
Disposal Site Monitor
Csllegtion; Monitor,
Citizen Drop -Off Site Monitor
Project dr jnatof
Load Ticket Data Entry Clerk
C4011`CenterSta6
Homeland Security and Emergency Management Consulting/Planning Hourly Rates
Hourl Rates
$100.00
$9&00
$90.00
_$86:00
$83.00
$8.0:0O
$75,00
- $68:00
$66.00
$64,00
$62.00
.:457 00-
$53.00
`$59.00
$48.00
$44.0
Hour! Rates
$95.00
$78:00- .
$75,00
$65.00
$65.00:
$65.00
$60:00-
$40.00
$40,0o`
$40.00
$35.00
M&C Review
Page 1 of 2
DATL:
CODE:
SUBJECT:
[LI /LAS EN DA
COUNCIL ACTION: Approved on 2/21/2012
2/21/2012 REF ,R��NC�
e
NO■ :
**P-11363
LOG NAME:
PUBLIC
HEARING:
Authorize Professional Planning and Consulting Services Agreement for the Evaluation of
the City's Solid Waste Services Contracts with Science Applications International
Corporation Energy, Lnvironment and Infrastructure, LLC, Using a Houston -Galveston
Area Council Cooperative Contract in the Amount of $79,700.00 (ALL COUNCIL
DISTRICTS)
Official site of the City of Fort Worth, Texas
FORT WORTH
13P12-0080 SOLID
WASTE CONTRACTS MJ
P TYPE:
CONSENT
NO
RECOMMENDATION:
It is recommended that the City Council authorize a Professional Planning and Consulting Services
Agreement for the Evaluation of the City's Solid Waste Services Contracts with Science Applications
International Corporation Energy, Environment and Infrastructure, LLC, Using a Houston -Galveston
Area Council Cooperative Contract No. EN06-10 in the amount of $79,700.00.
DISCUSSION:
In 2003, the City implemented its current Solid Waste Management Program with specific innovative
program designs, such as garbage and recycling carts, and contractor performance measures. The
majority of the contracts have a term of 10 years ending in 2013, with three options each to renew for
another 10 years. In order to decide whether the City should enter into a renewal term with or without
modifications to the contracts, or to seek other options, City Staff is recommending that a thorough
evaluation of the solid waste contracts and contractors' performance under the contracts be made by
an independent consultant.
The Code Compliance Department, Solid Waste Division proposes to use the services of Science
Applications International Corporation Energy, Environment and Infrastructure, LLC, (SAIC) to
perform such evaluation SAIC will assist the City in determining whether to renegotiate the solid
waste contracts with the City's current contractor(s) or to reprocure the services or new services the
City deems necessary. Included in this evaluation, SAIC will make field observations and conduct
contractor interviews, review the contract and strategic procument issues that staff has identified,
perform a market analysis of the services in place and provide a final report of SAIC's
recommendations.
COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under
a cooperative Purchasing Agreement satisfies state law requiring that the local government seek
competitive bids for purchase of the item. Houston -Galveston Area Council Cooperative (HGAC)
contracts have been competitively bid to increase and simplify the purchasing power of local
government entities across the state of Texas.
HGAC Contract Number EN06-10 is effective June 1, 2010 through May 31, 2013.
PRICE ANALYSIS - The prices for these services were obtained using HGAC Cooperative Contract
Number EN06-10. The Code Compliance Department, Solid Waste Division reviewed the prices and
determined them to be fair and reasonable.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the
http://apps.cfwnet.org/council packet/mc_review. asp?ID=16411 &councildate 2/21/2012
3 /7/2 012
M&C Review Page 2 of 2
Purchasing Division and approved by the M/WBE Office because the purchase of goods or services
is from sources where subcontracting or supplier opportunities are negligible.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Solid Waste Fund.
BQN\12-0080\MJ
TO Fund/Account/Centers FROM Fund/Account/Centers
PE64 539120 0239902 $79.700.00
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Susan Alanis (8180)
Lena Ellis (8517)
Jack Dale (8357)
Marilyn Jackson (2059)
http://apps. cfwnet.org/council_packet/mc_review.asp?ID=16411&couneildate=2/21/2012 3/7/2012