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HomeMy WebLinkAboutHF&H Consultants, LLC - 2021-10-06 \tyYINGTp' 2000 Main Street, ,'iBF Huntington Beach,CA v 92648 City of Huntington Beach APPROVED 7-0 ��bNT File #: 24-556 MEETING DATE: 9/17/2024 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Eric G. Parra, Interim City Manager VIA: Chau Vu, Director of Public Works PREPARED BY: Debra Jubinsky, Senior Management Analyst Subiect: Approve and authorize execution of Amendment No. 2 to the Professional Services Contract between City of Huntington Beach and HF&H Consultants, LLC to extend the contract term for 3 years and to increase the amount by $413,000 for a total amended contract amount not to exceed $528,000 Statement of Issue: The City has a professional services contract with HF&H Consultants, LLC to provide contract negotiation services for SB 1383 - organics recycling compliance. Amendment No. , 1 to this agreement was approved in July 2023. The negotiations are ongoing and the timeline for completing this process has exceeded the amended contract amount. Additional services from this consultant are needed to implement requirements of this legislation, which will be covered by a grant from Cal Recycle. Staff is requesting approval of a second amendment to the contract to add SB 1383 implementation support services, extend the term for 3 additional years, and increase the amended $115,000 not exceed limit by $413,000 for a total not to exceed contract of$528,000. Financial Impact: Funds in the amount of$49,000 are available in the Refuse account, 50485103.69365 for SB 1383 negotiations. Funds in the amount of$364,000 are available in SB 1383 Local Assistance OWR4 Grant 127685002.69365. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Professional Service Contract Between City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services For SB 1383 Compliance" Alternative Action(s): Do not approve the recommended action and direct staff accordingly. City of Huntington Beach Page 1 of 2 Printed on 9/11/2024 powerel9 LegistarTh File #: 24-556 MEETING DATE: 9/17/2024 Analysis: On October 6, 2021 the City entered into a professional services contract with HF&H Consultants, LLC in the amount of$75,000 to review our existing Solid Waste Franchise Agreement and negotiate SB 1383 compliance with the City's solid waste hauler, Republic Services. Amendment No. 1, which was approved in July 2023, added an additional $40,000 to the not to exceed limit but did not extend the term. This process has extended beyond what was contemplated in the original service proposal in Amendment No. 1. This is primarily due to the complexity of updating an 18-year-old agreement. The modernized agreement will include service standards and provisions for compliance with SB 1383 and will provide a robust agreement for the remaining 13 years of the franchise term. With the cooperation of Republic Services and continued diligence of HF&H and city staff, it is anticipated that these negotiations could be concluded within the next several months. The cost to complete the franchise negotiations with Republic Services is not to exceed $49,000. In addition to the negotiation services, staff is proposing to increase the contract by an additional $364,000 to provide SB 1383 implementation support services over the next three years. SB 1383 imposes many requirements on local jurisdictions, which extend across multiple departments. This includes California Green Building and Model Water Efficient Landscape code enforcement and reporting, procurement of recycled content products, contamination prevention, and extensive recordkeeping. Earlier this year CalRecycle awarded SB 1383 Local Assistance Grant funds to Huntington Beach, which will include a comprehensive review of SB 1383 record keeping, interdepartmental staff training, and franchise monitoring assistance. Since HF&H developed several of the Model Implementation Tools for CalRecycle that are used by jurisdictions statewide, they are highly qualified to provide this support to our city. The use of an interagency agreement between City of Bell Gardens and HF&H conforms to the city's Request for Proposal process and has been approved by Finance. City Council approval is required for professional services contracts of $100,000 or greater and to extend the term for an additional 3 years. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. • Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Amendment No. 2 to Professional Services Contract Between City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services for SB 1383 Compliance 2. Professional Services Contract and Amendment No. 1 Between the City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services for SB1383 Compliance 3. Agreement between City of Bell Gardens and HF&H LLC 4. PowerPoint Presentation City of Huntington Beach Page 2 of 2 Printed on 9/11/2024 powere1i9i LegistarTM AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HF&H CONSULTANTS, LLC FOR NEGOTIATION SERVICES FOR SB 1383 COMPLIANCE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and HF&H CONSULTANTS, LLC, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated October 6, 2021, entitled"Professional Services Contract Between the City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services for SB1383 Compliance" which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. SCOPE OF WORK The Scope of Work of the Agreement is amended to include the additional duties as set forth in Exhibit"A. 2. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Four Hundred Thirteen Thousand Dollars ($413,000.00). The additional sum shall be added to the original sum of One Hundred Fifteen Thousand 24-151274/350218 1 Dollars($115,000.00), for a new contract amount not to exceed Five Hundred Twenty Eight Thousand Dollars ($528,000.00). 3. TERM The term of the Agreement is extended for three additional year until October 5,2027. 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on "et'""" HAL" , 202. i.W HF&H CONSULTANTS, LLC CITY OF HUNTINGTON BEACH, a munici.- orporation of the State of Calif" B . �• � print name ITS: (circle one)Chairma residen ice President Mayor AND r qdh2441,4-u) City Clerk By: INITIATED AN OVED: print name ITS: (circle one)Secretary/Chief Financial Officer/Asst.Secretary Treasurer Director of Public Works APPROVED ORM: COUNTERPART ` Ci Attorney 24-151274/350218 2 Dollars($115,000.00), for a new contract amount not to exceed Five Hundred Twenty Eight Thousand Dollars($528,000.00). 3. TERM The term of the Agreement is extended for three additional year until October 5, 2027. 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by and through their authorized officers on err ')e )1 ;202 4 IIF&H CONSULTANTS, LLC CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: print name ITS: (circle one)Chairman/PresidentNice President Mayor AND City Clerk By: /0 �irjf i INITIATED AND APPROVED: print name ITS: (circle on ecretary hief Financial Officer/Asst.Secretary i reasurer Director of Public Works APPROVED AS TO FORM: COUNTERPART City Attorney 24-151274/350218 2 EXHIBITS A& B City of Huntington Beach I reared by HF: • FEE ESTIMATE FOR REQUESTED SB 1383 LOCAL ASSISTANCE GRANT SERVICES AND CONTINUED NEGOTIATION SUPPORT Background Senate Bill (SB) 1383 regulations require compliance with a broad range of organics management planning, monitoring,and compliance activities. CalRecycle released the SB 1383 Local Assistance Grant Program FY 2022-23 (Grant). The following list are the eligible expenditures under the Grant: • Program Evaluation/Gap Analysis • Program Implementation and Development • Record Keeping and Reporting • Enforcement and Inspection • Education and Outreach (includes organic waste and edible food recovery) • Edible Food Recovery • Capacity Planning • Recovered Organic Waste Procurement Requirements Requested SB 1383 Service Package Estimates The following services have been summarized based on our prior discussions with City staff. HF&H will schedule a kick-off meeting with City staff to determine and focus the scope of work based on the highest priority needs of the City for upcoming CalRecycle reviews. The implemented tasks will be as directed and agreed upon with City staff to ensure the highest priority projects are completed first. The project estimate, based on prior discussions with City staff, is included on the following page in addition to a sample list of the tasks (with estimated cost as previously presented to the City) that may be performed within budgetary limitations. All service packages will include project summaries for Grant reporting and compliance needs. August 28, 2024 1 HF&H Consultants, LLC City of Huntington Beach Fee Estimate SB 1383 Grant and Contracting Services Fee Estimate/Budget We will perform the scope of work based on time and materials, up to the limit of the available budget. The budget for these services is not to exceed $413,000, of which $49,000 is estimated for contracting assistance and $364,000 for ongoing SB 1383 implementation support. Ongoing SB 1383 support may include some of the tasks outlined in Task 2 below; if we are to complete all of the Tasks under Task 2, additional funding may be required. We will bill the City once per month based on the number of hours worked and expenses incurred. Payment is due within 30 days of invoicing. Hourly rates are shown below. Professional Fees Hourly rates for professional and administrative personnel through December 31, 2024, are as follows: Position Rate* Executive $320- $350 Senior Project Manager $295 - $315 Project Manager/Senior Associate $215 - $285 Associate Analyst $185 - $200 Assistant Analyst $160- $180 Administrative Staff $125 - $160 *Hourly rates adjust each January 1 by 3.5%. Direct Expenses Standard charges for common direct expenses are as follows: Automobile Travel Prevailing IRS mileage rate Airfare and Public Transit Actual Cost Postage, overnight mail, couriers, and other out-of-pocket costs Actual Cost August 28, 2024 2 HF&H Consultants, LLC City of Huntington Beach Fee Estimate SB 1383 Grant and Contracting Services TASK LIST 1. Contracting Assistance to Finalize SB 1383 Negotiations The additional funds are to cover the extended timeframe of the negotiations, additional time to analyze and negotiate the contract that was over and above the original cost proposal.The funds will cover additional time due to complexities of negotiations based on programmatic assumptions for SB 1383 and recycling matters, additional contract language negotiation sessions, supplemental analysis required to evaluate changed costs/assumptions used, internal briefings with City staff, drafting additional contract exhibits, draft of the final negotiated agreement, support for drafting Council staff report, and preparation for/participation in City Council meeting to present draft agreement. 2. SB 1383 Implementation Support HF&H will assist with various SB 1383 diversion related inquiries and miscellaneous tasks that arise from time to time to the extent the project budget supports a request. These tasks may include legislative research, compliance tracking and reporting, and providing general solid waste, recycling, and organics liaison assistance. For this task, HF&H may assist through one or more of the following subtasks within the budgetary limitations of the proposal not to exceed $364,000: 2A. SB 1383 GAP/COMPLIANCE/PERFORMANCE OPPORTUNITY ANALYSIS SB 1383 Formal Gap Analysis—Estimated at$25,000 • Engagement Initiation. • Meeting: Introduction of model Gap Analysis template. • Request for Information. • Prepare Initial Request for Information (RFI). • Draft Gap and Opportunity Analysis. • Baseline Analysis Report (Excel Gap Analysis) and presentation. • Meeting with project team. 2B. SB 1383 IMPLEMENTATION RECORD PLANNING AND SUPPORT SERVICES Implementation Record Support- Estimated at$19,000-$49,000 • Kick Off Implementation Record (IR) review meeting with City staff. • Audit of current IR documentation and reports (CalRecycle desktop dry run compliance analysis). • IR Tool Report Card and suggestions for closing compliance gaps. • Meeting with City to review compliance status and provide recommendations for additional compliance. • RFI for required information/documentation for IR. August 28, 2024 3 HF&H Consultants, LLC City of Huntington Beach Fee Estimate SB 1383 Grant and Contracting Services • Design/Development of Client IR. Includes customization of predesigned reporting templates for the City and direct service providers. • IR review and training meeting with City staff and key stakeholders. 2c. SB 1383 FRANCHISE AGREEMENT CONTRACT MANAGEMENT AND COMPLIANCE MONITORING SERVICES FOR TWO YEARS SB 1383 Contract Management and Contractor Compliance Monitoring Services- Estimated at$180,000-$190,000 • Quarterly SB 1383 Contract Management Services and Compliance Monitoring (agenda and SB 1383 action item summaries). • Engagement initiation meeting. • Develop initial Request for Information. • Develop Contract Profile, Calendar, and finalize Project Plan (if applicable). • Quarterly follow-up on outstanding hauler reports. • Monitor hauler reports for compliance with SB 1383 (tonnage, service levels, etc.). • Monitor quantity and quality of Hauler's public education for meeting SB 1383 requirements. • Develop agenda and supporting documents for Quarterly Meetings. • Quarterly Meeting with City (prior to hauler meetings). • Attend virtual meetings with City Staff and hauler. 2D.EDIBLE FOOD RECOVERY COMPLIANCE AND CAPACITY BUILDING Edible Food Recovery Desktop Compliance Review and Capacity Building Analysis—Estimated at$56,000-$73,000 • Kick Off Meeting with City staff, key stakeholders, and or direct service providers. • Develop the request for information. • Annually conduct a SB 1383 Desktop Analysis/review and update Tier 1 and Tier 2 Edible Food Generator (EFG) list and required reporting information (confirmation of agreement, monthly tonnage documents on file, and annual tonnage reports). • Annually conduct a SB 1383 Desktop Analysis/review and update Edible Food Recovery Organization/Services list and required reporting information (confirmation of agreement, Monthly Tonnage Documents on file and Annual Tonnage Reports). • Includes up to 3 attempts (via email and phone) to annually contact and provide outreach/technical compliance assistance with EFGs and FROs. • Develop Food Recovery Compliance and Capacity Building Survey and survey EFG's and FROs. • Additional Analysis and Summary to identify and resolve gaps in compliance by EFG's and FROs. • Up to 5 attempts(via email and phone)to contact EFG and FROs for survey and to resolve data/compliance gaps. • Summary recommendation for City follow-up for SB 1383 compliance. • County Capacity Report drafting (as required by SB 1383). August 28, 2024 4 HF&H Consultants, LLC City of Huntington Beach Fee Estimate SB 1383 Grant and Contracting Services 2E. SB 1383 PROCUREMENT PLANNING SERVICES (COMPOST,MULCH,RNG)* SB 1383 Procurement Analysis—Estimated at$18,000-$27,000 • Analyze 2024/2025 procurement targets. • Identify sources and opportunities for procurement. • GIS needs assessment for where mulch and compost could be distributed within the City. • Conduct a planning level cost assessment of options. • Provide a summary memo to City staff. *Excludes cost of recovered organic waste products (ROWP). City may need to set aside additional amounts for the procurement of ROWP. 2F.OTHER SB 1383 IMPLEMENTATION ACTIVITIES—BUDGET TBD Other ongoing SB 1383 activities that may be identified during the course of implementation within budgetary limitations. August 28, 2024 5 HF&H Consultants, LLC /(1). A DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 09/04/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER REACT Ashley Mack Newfront Insurance Services,LLC 4HO — AJC.No.Extl: (415)754-3635 FAX (A/C. 450 Sansome Street EMAIL ADDRESS: ashley.mack@newfront.com ashle newfront.com Suite 300 INSURER(S)AFFORDING COVERAGE NAIC# San Francisco CA 94111 INSURER A: Citizens Insurance Company of America 31534 INSURED INSURERS: Hartford Casualty Insurance Company 29424 HF&H Consultants,LLC INSURERC: Gemini Insurance Company 10833 INSURER D: 590 Ygnacio Valley Rd,Suite 105 INSURERS: Walnut Creek CA 94596 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR (N D WVO POLICY NUMBER (MMIDDIYYYY) IMMIDD/YYYY1 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) $ 1,000,000 MED EXP(Any one person) $ 10,000 A X OBF-D681476-07 09/06/2024 09/06/2025 PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY jE� LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S INCLUDED (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED OBF-D681476-07 09/06/2024 09/06/2025 BODILY INJURY(Per accident) S AUTOS ONLY AUTOS _ XHIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY X AUTOS ONLY (Per accident) S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LIAB CLAIMS-MADE OBF-D681476-07 09/06/2024 09/06/2025 AGGREGATE $ 3,000,000 DED RETENTIONS $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE Y/N NIA 57 WEC ZR5765 09/06/2024 09J06/2025 E.L.EACH ACCIDENT $ 1,000,000IM B OFFICEREMBEREXCLUDED71,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Aggregate 2,000,000 Professional Liability VNPL016870 09/06/2024 09/06/2025 Each Loss Ded 25,000 Each Claim 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and 41a)1tR®A/$04,0),1dtg as3F1 Jdilign'it insured as required by a written contract with respect to General Liability.Coverage is Primary and Non-Contributory. QY _.. MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON _ACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROVISIONS. ATTN:DEBRA JUBINSKY AUTHORIZED REPRESENTATIVE 2000 Main Street Huntington Beach CA 92648 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • 4Hanover Insurance Group- OBF D681476 5701751 1. SECTION I - PROPERTY, if two or more of However, if you agree in a written this coverage part's coverages apply to contract, written agreement, or the same loss or damage, we will not pay written permit that the insurance more than the actual amount of the loss or provided to any person or damage. organization • included as an 2. SECTION II - LIABILITY, it is our stated Additional Insured under this intent that the various Coverage Parts, Coverage Part is primary and forms, endorsements or policies issued to non-contributory, we will not seek the named insured by us, or any company contribution from any other affiliated with us, do not provide any insurance available to that Additional duplication or overlap of coverage for the Insured which covers the Additional same claim, "suit", "occurrence", offense, Insured as a Named Insured except: accident, "wrongful act" or. loss. We will (1) For the sole negligence of the not pay more than the actual amount of Additional Insured;or the loss or damage. (2) When the Additional Insured is If this Coverage Part and any other an Additional Insured under Coverage Part, form, endorsement or another liability policy. policy issued to the named insured by us, b. Excess Insurance or any company affiliated with us, apply to This insurance is excess over: the same claim, "suit", occurrence, offense, accident, "wrongful act" or loss, (1) Any of the other insurance, the maximum Limit of Insurance under all whether primary, excess, such Coverage Parts, forms, contingent or on any other basis: endorsements or policies combined shall (a) That is Fire, Extended not exceed the highest applicable Limit of Builder's Risk, Insurance under any one Coverage Part, Coverage,Installae Risk or similar form, endorsement or policy. coverage for"your work"; This condition does not apply to any That is Property Insurance for Excess or Umbrella Policy issued by us (b) premises to you or specifically to apply as excess insurance temporarily rentedoccu led over this policy. ou with permission of the owner; G. Liberalization (c) That is insurance purchased If we adopt any revision that would broaden by you to cover your liability the coverage under this policy without as a tenant for "property additional premium within 45 days prior to or damage" to premises rented during the policy period, the broadened to you or temporarily coverage will immediately apply to this policy. occupied by you with H. Other Insurance permission of the owner; or 1. SECTION I -PROPERTY (d) If the loss arises out of the If there is other insurance covering the maintennce"autos"or use of ft same loss or damage, we will pay only for toaircraft, entor subjwateectt the amount of covered loss or damage in SECTION the e II not subj ILt Y, excess of the amount due from that other II - LIABILITY, Exclusion g. Aircraft, Auto or insurance,whether you can collect on It or Watercraft;and not. But, we will not pay more than the' applicable Limit of insurance of SECTION I (2) Any other primary insurance -PROPERTY. available to you covering liability 2. SECTION II -LIABILITY for damages arising out of the premises or operations, or the If other valid and collectible insurance is . products and completed available to the insured for a loss. we operations, for which you have cover under SECTION II - LIABILITY, our been added as an additional obligations are limited as follows: insured by attachment of an a. Primary Insurance endorsement. This insurance is primary except when When this insurance is excess, we aragauh b. below applies. If this will have no duty under SECTION II - insurance is primary, our obligations LIABILITY to defend the insured are not affected unless any, of the against any "suit" if any the insurer has a duty to defend the other insurance is also primary. Then, insured against that"suit". If no other we will share with all that other insurer defends,we will undertake to insurance by the method described In do so, but we will be entitled to the paragraph c. below. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc.,with Its permission. Page 79 of 81 POLICY NUMBER:OBF-D681476-07 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESSOVVNERS LIABILITY SPECIAL BROADENING ENDORSEMENT • This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit Included 1 2. Additional Insured -Broad Form Vendors Included 2 3. Alienated Premises Included 3 4. Broad Form Property Damage-Borrowed Equipment, Customers Included 3 Goods and Use of Elevators 5. Incidental Malpractice(Employed Nurses, EMT's and Paramedics) Included 3 6. Personal and Advertising Injury-Broad Form Included 4 7. Product Recall Expense Included 4 Product Recall Expense Each Occurrence Limit $25,000 5 Occurrence Product Recall Expense Aggregate Limit $50,000 5 Aggregate Product Recall Deductible $500 5 8. Unintentional Failure to Disclose Hazards Included 6 9. Unintentional Failure to Notify Included 6 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. The following changes are made to SECTION II - (2) Premises you own, rent, lease or LIABILITY: occupy; or 1. Additional Insured by Contract, Agreement or (3) Your maintenance, operation or use of Permit equipment leased to you. The following is added to SECTION II - b. The insurance afforded to such additional LIABILITY,C.Who Is An Insured: insured described above: Additional Insured by Contract, Agreement or (1) Only applies to the extent permitted by Permit law; and a. Any person or organization with whom you (2) Will not be broader than the insurance agreed in a written contract, written which you are required by the contract, agreement or permit to add such person or agreement or permit to provide for such organization as an additional insured on additional insured. your policy is an additional insured only with (3) Applies on a primary basis if that is respect to liability for "bodily injury", required by the written contract, written "property damage", or "personal and agreement or permit. advertising injury" caused, in whole or in part, by your acts or omissions, or the acts (4) Will not be broader than coverage or omissions of those acting on your behalf, provided to any other insured. but only with respect to: (5) Does not apply if the "bodily injury", (1) "Your work" for the additional insured(s) "property damage" or "personal and designated in the contract, agreement or advertising injury"is otherwise excluded permit; from coverage under this Coverage Part, including any endorsements thereto. 391-1006 0816 Includes copyrighted materials of Insurance Services Offices,Inc.,with its permission. Page 1 of 6 Hanover Insurance Group_ OBF D681476 5701751 c. This provision does not apply: The most we will pay on behalf of the (1) Unless the written contract or written additional insured for a covered claim is the agreement was executed or permit was lesser of the amount of insurance: issued prior to the "bodily injury", 1. Required by the contract, agreement or "property damage", or "personal injury permit described in Paragraph a.; or and advertising injury". 2. Available under the applicable Limits of (2) To any person or organization included Insurance shown in the Declarations. as an insured by another endorsement This endorsement shall not increase the issued by us and made part of this . applicable Limits of Insurance shown in the Coverage Part. Declarations (3) To any lessor of equipment: e. All other insuring agreements, exclusions, (a) After the equipment lease expires; or and conditions of the policy apply. (b) If the "bodily injury", . "property 2. Additional Insured-Broad Form Vendors damage", "personal and advertising The following is added to SECTION II - injury" arises out of sole negligence LIABILITY, C.Who Is An Insured: of the lessor. (4) To any: Additional insured-Broad Form Vendors Owners or other interests from whom a. Any person or organization that is a vendor (a) with whom you agreed in a written contract land has been leased if the or"occurrence" takes place or the insuredadditional nt o �under this Coverage Part offense is committed after the lease is an insured, but only with respect to liability for the land expires; or for "bodily injury" or "property damage" (b) Managers or lessors of premises if: arising out of "your products" which are (I) The "occurrence" takes place or distributed or sold in the regular course of the offense is committed after the vendor s business. you cease to be a tenant in that b. The insurance afforded to such vendor premises; or described above: (ii) The "bodily injury", "property (1) Only applies to the extent permitted by damage", 'personal injury" or law; "advertising injury" arises out of (2) Will not be broader than the insurance structural alterations, new which you are required by the contract or construction or demolition agreement to provide for such vendor; operations performed by or on behalf of the manager or lessor. (3) Will not be broader than coverage provided to any other insured; and (5) To "bodily injury", "property damage" or 4 Does not apply if the "bodily injury", "personal and advertising injury" arising ( ) pP Y Y 1 Y out of the rendering of or the failure to "property damage" or "personal and render any professional services, advertising injury" Is otherwise excluded even if the claims from coverage under this Coverage Part, This exclusion appliesincluding any endorsements thereto against any insured allege negligence or other wrongdoing in the supervision, c. With respect to insurance afforded to such hiring, employment, training or vendors, the following additional exclusions monitoring of others by that insured, if apply: the "occurrence" which caused the The insurance afforded to the vendor does "bodily injury" or "property damage" or not apply to: the offense which caused the "personal and advertising injury" involved the (1) "Bodily injury" or "property damage" for rendering of or failure to render any which the vendor is obligated to pay professional services by or for you. damages by reasons of the assumption of liability in a contract or agreement. This d. With respect to the insurance afforded to exclusion does not apply to liability for these additional insureds, the following is damages that the insured would have in added to SECTION Ii - LIABILITY, D. Liability the absence of the contract or and Medical Expense Limits of insurance:. agreement; (2) Any express warranty unauthorized by you; 391.1006 08 16 Includes copyrighted materials of Insurance Services Offices,Inc.,with its permission. Page 2 of 6 • (3) Any physical or chemical change in the The most we will pay on behalf of the vendor product made intentionally by the for a covered claim is the lesser of the vendor; amount of insurance: (4) Repackaging, unless unpacked solely for 1. Required by the contract or agreement the purpose of inspection, described in Paragraph a.; or demonstration, testing, or the 2. Available under the applicable Limits of substitution of parts under instruction Insurance shown in the Declarations; from the manufacturer, and then repackaged in the original container; This endorsement shall not increase the (5) Any failure to make such inspection, applicable Limits of Insurance shown in the adjustments, tests or servicing as the Declarations. vendor has agreed to make or normally 3. Alienated Premises undertakes to make in the usual course SECTION II - LIABILITY, B. Exclusions, 1. of business in connection with the sale Applicable To Business Liability Coverage k. of the product; Damage to Property, paragraph (2) is replaced by (6) Demonstration, installation, servicing or the following: repair operations, except such (2) Premises you sell, give away or abandon, if operations performed at the vendor's the "property damage" arises out of any part premises in connection with the sale of of those premises and occurred from hazards the product; that were known by you, or should have (7) Products which, after distribution or sale reasonably been known by you, at the time by you, have been labeled or relabeled the property was transferred or abandoned. or used as a container, part or 4. Broad Form Property Damage - Borrowed ingredient of any other thing or Equipment,Customers Goods,Use of Elevators substance by or for the vendor; a. The following is added to SECTION II - (8) "Bodily injury" or "property damage" LIABILITY, B. Exclusions, 1. Applicable To arising out of the sole negligence of the Business Liability Coverage, k. Damage to vendor for its own acts or omissions or Property: those of its employees or anyone else Paragraph (4) does not apply to "property exclusion does actingon its behalf. However, this damage" to borrowed equipment while at a not apply to: jobsite and not being used to perform (a) The exceptions contained within the operations. exclusion in subparagraphs (4) or (6) Paragraph (3), (4) and (6) do not apply to above;or "property damage" to "customers goods" (b) Such inspections, adjustments, tests while on your premises nor to the use of or servicing as the vendor has elevators. agreed to make or normally b. For the purposes of this endorsement, the undertakes to make in the usualcou following definition is added to SECTION II - with the of business, in salecon ofctthe LIABILITY, F. Liability and Medical Expenses with distribution or the Definitions: products. (9) "Bodily injury" or "property damage" 1. "Customers goods" means property of arising out of an "occurrence" that took your customer on your premises for the place before you have signed the purpose of being: contract or agreement with the vendor. a. Worked on; or (10)To any person or organization included b. Used in your manufacturing process. as an insured by another endorsement c. The insurance afforded under this provision is issued by us and made part of this excess over any other valid and collectible Coverage Part. property insurance (including deductible) (11)Any insured person or organization, available to the insured whether primary, from whom you have acquired such excess, contingent or on any other basis. products, or any ingredient, part or container, entering into, accompanying 5. Incidental Malpractice - Employed Nurses, EMT's or containing such products. and Paramedics d. With respect to the insurance afforded to SECTION II - LIABILITY, C.Who is An Insured, these vendors, the following is added to paragraph 2.a.(1)(d) does not apply to a nurse, SECTION II - LIABILITY, D. Liability and Medical Expense Limits of Insurance: 391-1006 0816 Includes copyrighted materials of Insurance Services Offices,Inc.,with its permission. Page 3 of 6 4H5nover Insurance Group_ OSF D681476 5701751 emergency medical technician or paramedic o. Recall of Products, Work or Impaired employed by you if you are not engaged in the Property is replaced by the following: business or occupation of providing medical, o. Recall of Products, Work or Impaired paramedical, surgical, dental, x-ray or nursing Property services. 6. Personal injury-Broad Form Damages claimed for any loss, cost or expense incurred by you or others for a. SECTION II - LIABILITY, B. Exclusions, 2. the loss of use, withdrawal, recall, Additional Exclusions Applicable only to inspection, repair, replacement, "Personal and Advertising Injury", paragraph adjustment, removal or disposal of: e.is deleted. (1) "Your product"; b. SECTION II - LIABILITY, F. Liability and (2) "Your work"; or Medical Expenses Definitions, 14. "Personal and advertising injury", paragraph b. is (3) "Impaired property"; replaced by the following: if such product, work or property is b. Malicious prosecution or abuse of withdrawn or recalled from the market or process. from use by any person or organization c. The following is added to SECTION II - because of a known or suspected defect, LIABILITY, F. Liability and Medical Expenses deficiency, inadequacy or dangerous Definitions, Definition 14. "Personal and condition in it, but this exclusion does advertising injury": not apply to "product recall expenses" that you incur for the "covered recall" of "Discrimination" (unless insurance thereof is "your product". prohibited by law)that results in injury to the However, the exception to the exclusion feelings or reputation of a natural person, does not apply to "product recall but only if such"discrimination" is: expenses" resulting from: (1) Not done intentionally by or at the (4) Failure of any products to accomplish direction of: their intended purpose; (a) The insured; (5) Breach of warranties of fitness, (b) Any officer of the corporation, quality, durability or performance; director, stockholder, partner or (6) Loss of customer approval, or any member of the insured; and cost incurred to regain customer (2) Not directly or indirectly related to an approval; "employee", not to the employment, (7) Redistribution or replacement of prospective employment or termination "your product" which has been of any person or persons by an insured. recalled by like products or d. For purposes of this endorsement, the substitutes; following definition is added to SECTION II - (8) Caprice or whim of the insured; LIABILITY, F. Liability and Medical Expenses Definitions: (9) A condition likely to cause loss of 1. "Discrimination" means the unlawful which any insured knew or had treatment of individuals based upon race, thason to know at the inception of this insurance; color, ethnic origin, gender, religion, age, or sexual preference. "Discrimination" (10)Asbestos, including loss, damage or does not include the unlawful treatment clean up resulting from asbestos or of individuals based upon developmental, asbestos containing materials; or physical, cognitive, mental, sensory or (11)Recall of "your products" that have emotional impairment or any no known or suspected defect solely combination of these. because a known or suspected e. This coverage does not apply if liability defect in another of "your products" coverage for "personal and advertising has been found. injury" is excluded either by the provisions of b. The following is added to SECTION II - the Coverage Form or any endorsement LIABILITY, C. Who Is An Insured, paragraph thereto. 3.b.: 7. Product Recall Expense "Product recall expense" arising out of any a. SECTION II - LIABILITY, B.Exclusions, 1. withdrawal or recall that occurred before you Applicable To Business Liability Coverage, acquired or formed the organization. 391-1006 0816 Includes copyrighted materials of Insurance Services Offices, Inc.,with Its permission. Page 4 of 6 • c. The following is added to SECTION II - of a deductible amount, you shall LIABILITY, D. Liability and Medical Expenses promptly reimburse us for the part of the Limits of Insurance: deductible amount we paid. Product Recall Expense Limits of Insurance The Product Recall Expense Limits of a. The Limits of Insurance shown in the Insurance apply separately to each SUMMARY OF COVERAGES of this consecutive annual period and to any endorsement and the rules stated below remaining period of less than 12 months, fix the most that we will pay under this starting with the beginning of the policy Product Recall Expense . Coverage period shown in the Declarations, unless the regardless of the number of: policy period is extended after issuance for an additional period of less than 12 months. (1) Insureds; In that case, the additional period will be (2) "Covered Recalls" initiated; or deemed part of the last preceding period for (3) Number of "your products" the purposes of determining the Limits of withdrawn. Insurance. b. The Product Recall Expensee Aggregate d. The following is added to SECTION II - the most that we will reimburse LIABILITY, E. Liability and Medical Expense Limit is recall General Conditions, 2. Duties in the Event of Lou for the sum of all "product expenses" incurred for all "covered Occurrence,Offense,Claim or Suit: recalls" initiated during the policy period. You must see to it that the following are c. The Product Recall Each Occurrence done in the event of an actual or anticipated Limit is the most we will pay in "covered recall" that may result in "product connection with any one defect or recall expense deficiency. (1) G disover orive us notification pthat t notice of p oduct" must d. All "product recall expenses" in be withdrawn or recalled. Include a connection with substantially the same description of "your product" and the general harmful condition will be reason for the withdrawal or recall; deemed to arise out of the same defect or deficiency and considered one (2) Cease any further release, shipment, "occurrence". consignment or any other method of e. Any amount reimbursed for "product distribution of like or similar products recall expenses" in connection with any until it productshas arebeen determineddefects that all one "occurrence" will reduce the amount suchl u free from nde that of the Product Recall Expense Aggregate could be a cause of loss under this • Limit available for reimbursement of insurance. "product recall expenses" in connection e. For the purposs of this endorsement, the with any other defect or deficiency. following definitions are added to SECTION f. If the Product Recall Expense Aggregate II - LIABILITY, F. Liability and Medical Limit has been reduced by Expenses Definitions: reimbursement of "product recall 1. "Covered recall" means a recall made expenses" to an amount that is less than necessary because you or a government the Product Recall Expense Each body has determined that a known or Occurrence Limit, the remaining suspected defect, deficiency, Aggregate Limit is the most that will be inadequacy, or dangerous condition in available for reimbursement of "product "your product" has resulted or will result recall expenses" in connection with any in "bodily injury" or"property damage". other defect or deficiency. 2. "Product recall expense(s)" means: g. Product Recall Deductible a. Necessary and reasonable expenses We will only pay for the amount of for: "product recall expenses" which are in (1) Communications, including radio excess of the $500 Product Recall or television announcements or Deductible. The Product Recall printed advertisements including Deductible applies separately to each stationary, envelopes and "covered recall". The limits of insurance postage; will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount, if applicable. Upon notice of our payment 3914006 08 16 includes copyrighted materials of Insurance Services Offices,Inc.,with Its permission. Page 5 of 6 4Hanover insurance Group_ OBF D681476 5701751 (2) Shipping the recalled products (1) If the "products - completed operations from any purchaser, distributor or hazard" is excluded from coverage under user to the place or places this Coverage Part including any designated by you; endorsement thereto; or (3) Remuneration paid to your (2) To"product recall expense" arising out of regular "employees" for any of"your products" that are otherwise necessary overtime; excluded from coverage under this (4) Hiring additionsl persons, other Coverage Part including endorsements thereto. than your regular"employees"; (5) Expenses incurred by"employees" 8. Unintentional Failure to Disclose Hazards including transportation and The following is added to SECTION 11 - accommodations; LIABILITY, E. Liability and Medical Expenses (6) Expenses to rent additional General Conditions: warehouse or storage space; Representations (7) Disposal of "your product", but We will not disclaim coverage under this only to the extent that specific Coverage Part if you fail to disclose all hazards methods of destruction other than existing as of the inception date of the policy those employed for trash provided such failure is not intentional. discarding or disposal are 9. Unintentional Failure to Notify required to avoid "bodily injury" The followingis added to SECTION II or "propertydamage" as a result LIABILITY, Liability and Medical Expenses of such disposal, General Conditions, 2. Duties in the Event of you incur exclusively for the purpose Occurrence,Offense, Claim or Suit: of recalling "your product"; and Your rights afforded under this Coverage Part b. Your lost profit resulting from such shall not be prejudiced if you fail to give us "covered recall". notice of an"occurrence", offense, claim or"suit", f. This Product Recall Expense Coverage does solely due to your reasonable and documented not apply: belief that the "bodily injury", "property damage" or "personal and advertising injury" is not covered under this Policy. ALL OTHER TERMS,CONDITIONS,AND EXCLUSIONS REMAIN UNCHANGED. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc.,with its permission. Page 6 of 6 °�%.6T' GT°� City of Huntington Beach -57 ;14� 2000 Main Street ♦ Huntington Beach, CA 92648 ett- N ` (714) 536-5227 ♦ www.huntingtonbeachca.gov Fe ...o \ ��° � Office of the City Clerk °Mr?�0:0., Robin Estanislau, City Clerk October 3, 2024 HF&H Consultants, LLC Attn: Laith Ezzet 590 Ygnacio Valley Road, Suite 105 Walnut Creek, CA 94596 Dear Ms. Ezzet:: Enclosed is a fully executed copy of Amendment No. 2 to Agreement between the City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services for SB 1383 Compliance, approved by. the Huntington Beach City Council on September 17, 2024. Sincerely, set) .41ZZeLlet41) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan 7/26/24, 11:28 AM Coversheet SELL% CITY OF BELL GARDENS I p rt OFFICE OF THE CITY MANAGER J 'O6r" AGENDA REPORT Cq�IFOflN�P Item 16. TO: Honorable Mayor and City Council Members FROM: Michael B. O'Kelly, City Manager BY: Bernardo lniguez, Director of Public Works/Facilities Karla Gonzalez, Senior Management Analyst SUBJECT: RECOMMENDATION OF APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH HF&H CONSULTANTS, LLC FOR SOLID WASTE CONSULTING SERVICES DATE: June 10,2024 RECOMMENDATION: It is staffs recommendation that the City Council adopt the attached Resolution approving a Professional Services Agreement with HF&H Consultants, LLC(HF&H)for Solid Waste Consulting Services. BACKGROUND/DISCUSSION: The City of Bell Gardens (City) addresses its solid waste monitoring, compliance and program implementation services through contracted professional services.The Bell Gardens Municipal Code(BGMC)authorizes the City to select professional services based on demonstrated competence and professional qualifications necessary for the satisfactory performance of the required services. On April 5,2024,the Public Works Department released a Request for Proposals(RFP)for Solid Waste Consulting Services. On April 25, 2024, the City issued Addendum No. 1 to extend the proposal submittal deadline from May 2, 2024, to May 9, 2024; and on May 3,2024,the City issued Addendum No.2 to respond to questions from prospective bidders. The services to be provided include, but are not limited to,the following: • Legislative Assistance and Compliance Support. • Contract monitoring and Franchise Management. • Mandatory Commercial Recycling, Organics Regulation and SB 1383 Assistance. • Annual Reporting Services as mandated by local and state agencies. • As-needed Solid Waste-Related Tasks to address any new solid waste mandates, regulations, or activities. On May 9, 2024, a total of two proposals were received in response to the RFP. The proposals were reviewed and ranked by a panel consisting of Public Works staff, based on the following criteria: • Demonstrated understanding of the scope of work for supporting City projects/programs and ability to complete the requirements. • Personnel qualifications and ability to provide other solid waste-related services such as contract monitoring, franchise management, and legislative support. • Proven recent experience of relevant services and projects, and references. On May 30,2024, interviews were conducted with the two proposers. The table below illustrates the scores for the proposers: Comprehension Qualification of References Total of RFP Proposers (100 points) HF&H 14 62 20 96 MuniEnvironmental 12 58 18 88 Although agreements for professional services need not be awarded to the lowest responsible bidder, cost may be considered as a factor. The table below illustrates a comparison of the task rates offered by the two firms: HF&H Consultants Task Description Rate Legislative Assistance and Compliance Support $12,876 Contract Monitoring/Franchise Management $27,628. Mandatory Commercial Recycling, Organics $36,910 Regulation&SB 1383 Assistance. Annual Reporting Services $21,784 As-needed Solid Waste Related Tasks $2,780 MuniEnvironmental Task Description Rate 240 https://agenda.bellgardens.org/AgendaPublic/CoverSheet.aspx?ItemID=20671&MeetingID=1743 1/2 7/26/24,11:28 AM Coversheet Legislative Assistance and Compliance Support $6,795 Contract Monitoring/Franchise Management $59,400 Mandatory Commercial Recycling, Organics Regulation &SB 1383 Assistance. $71,040 Annual Reporting Services $13,860 As-needed Solid Waste Related Tasks TBD* *Based on scope of work CONCLUSION: Based on HF&H's proposal rating, its competitive task rates, and previous satisfactory performance with the City in providing the requested services, staff is recommending that the City Council award HF&H a three-year Professional Services Agreement with an effective date of July 1, 2024, with two optional one-year extensions. Approval of this item will allow the City to continue its compliance efforts with all applicable solid waste mandates and regulations. FISCAL IMPACT: Funds for contracted solid waste consulting services are included in the FY 2024-2025 budget and are paid from a combination of residential and commercial waste fees and grants. The annual amount not-to-exceed amounts for the contract term would be as follows: Year 1: $131,588 Year 2: $114,831 Year 3: $116,138 Optional Year 4: $113,089 Optional Year 5: $124,139 Additionally, given the State's continuously changing mandates, Staff recommends,Council authorize an annual contingency in the amount of$30,000 for as-needed solid waste-related tasks to be performed to address any new solid waste mandates, regulations or activities. ATTACHMENTS: Description Exhibit 1 -Resolution No. 2024-36 Exhibit 2-PSA HF&H Consultants, LLC APPROVED ELECTRONICALLY BY: Michael B. O'Kelly, City Manager Stephanie Vasquez, City Attorney and/or Susie Altamirano,Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 241 https://agenda.bellgardens.org/AgendaPublic/CoverSheet.aspx?ItemID=20671&MeetingID=1743 2/2 1 2024 PROFESSIONAL SERVICES AGREEMENT • (Engagement: Solid Waste Consulting Services) (Parties: HF&H Consultants, LLC and City of Bell Gardens) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this 10th day of June 2024 (hereinafter, the "Effective Date") by and between the CITY OF. BELL GARDENS, a municipal corporation. (hereinafter, "CITY") and HF&H CONSULTANTS, LLC (hereinafter, "CONSULTANT"). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably, as appropriate. RECITALS WHEREAS, CITY requires on going as needed solid waste consulting services, including: Legislative assistance and compliance support; Contract monitoring; Mandatory Commercial Recycling, Organics Regulations and SB 1383 Assistance; and Annual Reporting; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows: ENGAGEMENT TERMS 1.1 TERM: This Agreement shall have a term of three (3) years commencing on July 1, 2024 through July 1, 2027 (hereinafter, the"Term"). Nothing.in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for-convenience or for cause as provided under Article V (Termination), below. The Term of this Agreement may'be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one-year extensions, provided the City Manager issues written notice of its intent to extend the Term of this Agreement prior to the expiration of the initial Term. 1.2 SCOPE OF WORK: A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide.the services and tasks described in that certain Request for Proposals of CITY entitled "Request for Proposals for Solid Waste Consulting Services" (hereinafter, "CITY RFP") dated April 5,2024, and the 1 242 written proposal of CONSULTANT entitled "City of.Bell Gardens Solid Waste Consulting Services Proposal" (hereinafter, the "CONSULTANT PROPOSAL") dated May 9, 2024. The CITY RFP and the CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit"A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term "Work" shall.be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control. 1.3 PROSECUTION OF WORK: A. CONSULTANT shall perform the Work contemplated under this Agreement on an as-needed basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the performance of specific as-needed services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a "Task Order"). The standard Task Order form will be provided by the City Representative and shall include the following information: 1. A detailed description of the specific services or tasks requested; 2. The location of where the particular services or tasks are to be performed, if applicable; 3. A not-to-exceed budget for performing the services or tasks; 4. A timeline for completing the requested services or tasks; 5. Any other information CITY deems necessary and relevant to the requested services or tasks; and 6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative. B. CONSULTANT shall perform no as-needed work under this Agreement without a signed Task Order provided by the City Representative, containing the information set forth in Section 1.3 (A), above. C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City 2 243 Representative, CONSULTANT shall begin and complete performance of the Work in a timely and a diligently manner as possible. 1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with "Section 4: Cost Pricing" beginning on page 37 of the CONSULTANT PROPOSAL (hereinafter, the "FEE SCHEDULE"). The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted annual aggregate sum of ONE HUNDRED- THIRTY-ONE THOUSAND FIVE HUNDRED EIGHTY-EIGHT DOLLARS ($131,588) for Year One (1); ONE . HUNDRED FOURTEEN THOUSAND EIGHT HUNDRED THIRTY-ONE DOLLARS ($114,831) for Year Two (2); ONE HUNDRED SIXTEEN THOUSAND ONE HUNDRED THIRTY- EIGHT.DOLLARS ($116,138) for Year Three (3); ONE HUNDRED THIRTEEN THOUSAND EIGHTY-NINE DOLLARS ($113,089) for Optional Year Four (4); and ONE HUNDRED TWENTY-FOUR THOUSAND ONE HUNDRED THIRTY- NINE DOLLARS ($124,139) for Optional Year Five (5) (hereinafter, the "Annual Not-to-Exceed Sum"), during the Term of this Agreement unless such added expenditures are first approved by the City Council. In the event CONSULTANT's charges are projected-to exceed the Annual Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT's performance pending CITY's approval of any'anticipated expenditures in excess of the Annual. Not-to-Exceed Sum or any other CITY approved amendment to the compensation. terms of this Agreement. 1.5 OTHER SOLID WASTE RELATED TASKS: As authorized by the City Council at its Regular Meeting of June 10, 2024 and subject to any applicable restrictions set forth under the Bell Gardens Municipal Code as the same may be amended from time to time or pursuant to applicable State Law, CITY in its sole and absolute discretion, may authorize expenditures in excess of the Annual Not-to-Exceed Sum without further City Council approval, provided- that such additional expenditures are for those services offered under Task 5.(Other Solid Waste Related Tasks) of the CONSULTANT PROPOSAL and provided they do not cumulatively exceed an annual amount of Thirty Thousand Dollars ($30,000) .Any such additional expenditures must be approved by the City Manager in writing before they may be incurred. 1.6 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including any applicable Task Order services and the reimbursable out-of- pocket expenses incurred. If the amount of CONSULTANT's compensation is a function of hours worked -by CONSULTANT's personnel, the invoice should indicate the number of hours worked; the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. • Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will- pay all undisputed amounts included on the invoice. CITY will not withhold applicable 3 244 taxes or other authorized deductions from payments made to CONSULTANT. 1.7 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three(3)years after the expiration or termination of this Agreement. CITY will.have • the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities. 1.8 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment. II. PERFORMANCE OF AGREEMENT 2.1 CITY'S REPRESENTATIVE: The CITY hereby designates Bernardo lniguez, Director of Public Works/Facilities (hereinafter, the "City Representative"), to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee. 2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Laith B. Ezzet; CMC, Senior Vice President,to act as its representative for the performance of this •Agreement (hereinafter, "Consultant Representative"). Consultant Representative will have full authority to represent and 'act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to .the Consultant Representative will constitute notice to CONSULTANT. 2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS: CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable.times. All work prepared by.CONSULTANT will be subject to inspection and approval by City Representative or their.designees. 4 245 2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following: A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession; B. CONSULTANT shall at all.times employ such force, plant, materials, and tools as.will be sufficient in the opinion of the CITY to perform the Work within the time limits established, a.nd.as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Work performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative; C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;. D. CONSULTANT will comply with all applicable federal; state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act(Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with the Work. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training•and experience to perform those services and tasks assigned to them by CONSULTANT; and. G. All of CONSULTANT's employees and agents-(including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and. services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection. The. Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT's own cost.and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days 5 246 from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole.and absolute discretion. The Parties acknowledge'"and agree that CITY's acceptance of ,any work performed by CONSULTANT`or on CONSULTANT's behalf will not constitute a release of any • deficiency or delay in performance. The Parties further acknowledge, understand and agree: that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to•the highest standards of CONSULTANT's profession. 2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the 'services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In'recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement. 2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will' perform and coordinate the Work under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this • Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of'the CITY. 2.7 CONTROL AND PAYMENT OF SUBORDINATE: The Work will be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee.. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent .and timely performance of the Work contemplated under 'this Agreement and provided the.performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT's exclusive direction and control. CONSULTANT will pay all 6 247 wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social.Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations • • respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like. 2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants.are determined by the City Representative to be uncooperative, incompetent,. a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work. 2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself.informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT's compliance with applicable laws will include, without limitation, compliance with all applicable .Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization. 2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of •race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 2.11 INDEPENDENT CONTRACTOR STATUS.: The Parties acknowledge, understand and agree .that CONSULTANT and all persons retained or employed by • CONSULTANT are, and will at all times remain, wholly independent contractors _. and are not officials, officers, employees, departments or subdivisions of CITY. CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied; to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract. or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing. III. INSURANCE 3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain 7 248 policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense: A. Commercial General Liability Insurance: CONSULTANT will procure. and maintain Commercial General jiability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such.CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations,. products and completed operations, and contractual liability. B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000;000.00) 'per accident for bodily injury and property damage. C. Workers' Compensation Insurance/Employer's Liability Insurance: .A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement. D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate . to CONSULTANT's profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim: 3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds. 3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California'insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition of the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY 8 249 Representative is authorized to authorize lower ratings than those set forth in this Section.• 3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance Or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT's insurance and will not contribute with it. • 3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees agents and volunteers. 3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY. Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any Work. Upon CITY's written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements. 3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these'specifications or is canceled and not replaced immediately so as to avoid a• lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold. amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this.Agreement effective upon notice. 3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. IV. INDEMNIFICATION 4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "City Indemnitees") should, to 9 250 the fullest extent permitted by law, .be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys'fees,'litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly,the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law'. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT's commitment to indemnify, defend and protect CITY as set forth herein. Notwithstanding the foregoing, to the extent CONSULTANT's Work are subject to Civil Code Section 2782.8, the above indemnity shall be limited, 'to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers. 4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the 'City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure - to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY. 4.3 CITY shall have the right to offset against the amount'of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to either pay CITY promptly for any costs associated with CONSULTANT's obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT's failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation'laws. 4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions 'of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers. 4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or 10 251 omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT. in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. 4.6 CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY; of any insurance policy or certificate required pursuantto this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense. 4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity. V. TERMINATION 5.1 TERMINATION' WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY's intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared . by CONSULTANT in connection with the performance of the Work. CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section. 5.2 EVENTS OF DEFAULT; BREACH OF.AGREEMENT: A. In the event either Party fails to perform any duty, obligation,service or task set forth under this Agreement(or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default(hereinafter, "Event of Default")will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a "Default Notice")which will specify: (i) the nature of the Event of Default; (ii)the action required to'cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2(B) and 5.2(C), below, or if a cure is not reasonably possible 11 252 within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. B. CONSULTANT will cure the Event of. Default within the following time periods: i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to. timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement. Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event'of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default-under this Section 5.2(B)(i) that exceeds seven (7) • calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the '14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(ii) that exceeds thirty (30) calendar days from the end of the initial 14-day cure period. In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement(or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT's refusal or failure to perform any of the services or tasks called for under the Scope of Work;. (ii) CONSULTANT's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY's discovery that a statement representation or warranty by 12 253 • CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect. C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT's issuance of a Default Notice unless the Event of Default cannot reasonably be cured within the 45-day cure. period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.6, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY. D. CITY, in" its sole and absolute discretion, may also immediately suspend CONSULTANT's performance , under this Agreement pending CONSULTANT's cure of any Event of Default by giving CONSULTANT written .notice of CITY's intent,to suspend CONSULTANT's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such. suspension, CONSULTANT will be compensated only.for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to' prohibit or otherwise restrict CITY's ability to suspend this.Agreement as provided herein. E. No waiver of any. Event of Default' or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise. F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and .remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies: i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part; ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance; iii. The CITY may proceed by appropriate court action to enforce the terms 13 254 of the Agreement to recover damages for CONSULTANT's breach of the Agreement or to terminate the Agreement; or iv. The CITY may exercise any other available and lawful right or remedy. CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement. G. In the event CITY is in breach of this Agreement, CONSULTANT's sole remedy will be the suspension or termination of this Agreement and/or the recovery of any.unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks. 5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a'Party will give the other Party any contractual rights by custom, estoppel, or otherwise. 5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement. VI. MISCELLANEOUS PROVISIONS 6.1 DOCUMENTS & DATA: LICENSING OF INTELLECTUAL PROPERTY: All • Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or 'dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies,"charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and 'retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement. 14 255 • 6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by.CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY. 6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an.ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C.., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq. 6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose: CONSULTANT: CITY: HF&H, LLC City of Bell Gardens 2081 Business Center 7100 S. Garfield Avenue Suite 265 Bell Gardens, CA 90201 Irvine, CA 92612 Attn: Bernardo Iniguez, Attn: Laith B. Ezzet, CMC Director of Public Works/Facilities Senior Vice President Phone: 562=806-7770 Phone: 925-977-6950 Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight(48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address. 6.5 COOPERATION: FURTHER ACTS: The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement. 6.6 SUBCONTRACTING: CONSULTANT will not subcontract any'portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification. 6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon 15 256 • by CONSULTANT. 6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift .or other-consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement,. no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, Or obtain any present or anticipated material benefit arising therefrom. 6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement. 6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, the venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, the venue, without exception, will be in the Central District of California located in the City of Los Angeles, California. 6.11 ATTORNEYS' FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such.litigation will be entitled to have and recover from the losing Party reasonable attorneys'fees and all other costs of such action. . 6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties. 6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties. 6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or.against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys. 6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. 6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of 16 • 257 this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid. 6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 6.18 INCONSISTENCIES. OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions off this'Agreement'will control. 6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT'prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.16, above. 6.20 FORCE MAJEURE: The Term shall be extended.in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots,.strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay.is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT's sole remedy being extension of the Agreement pursuant to this Section. 6.21 COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity. with Section 6.16, above. One fully executed original ' counterpart will be delivered to CONSULTANT and two original counterparts will be retained by CITY. 17 258 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above. CITY OF BELL GARDENS: HF&H CONSULTANTS, LLC: gi. By: o By: .-� Name: Michael B. O'Kelly Name: Rob Hilton Title: City Manager Title: President Date: "I By: APPROVED AS TO FORM: Name: Laith Ezzet By: Title: Senior Vice President Stephanie Vasquez, City Attorney Date: Azo / ay 18 259 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above. CITY OF BELL GARDENS: HF&H CONSULTANTS, LLC: By: By(- Name: Michael B. O'kelly Name: Rob Hilton Title: City Manager Title: President Date: By: j/ri1 APPROVED AS TO FORM: Name: Leith Ezzet 1 By: ,1^ 1�• Title: Senior Vice President Stephanie ty Vas uez, Ci: Attorney Date: / /249 18 260 EXHIBIT "A" CITY RFP 19 261 49 C , tol CITY F BELL GARDENS ' ° PUBLIC WORKS DEPARTMENT �.' 8327 GARFIELD AVENUE• BELL GARDENS, CALIFORNIA 90201-6122 � ���� ����:, (562)806-7770 FAX(562) 806-7789•WWW.BELLGARDENS.ORG REQUEST FOR PROPOSALS FOR SOLID WASTE.CONSULTING SERVICES ADDENDUM NO. 2 May 3, 2024 This addendum is being issued for the REQUEST FOR PROPOSALS FOR SOLID WASTE CONSULTING SERVICES (RFP). Submit a proposal for these services with the full understanding and full consideration of this addendum. A. The addendum is being issued to make the following changes: 1. In the Submittal Procedures/Deadline section, the tentative schedule is revised to read as follows: Release of RF.P Friday, April 5, 2024 Deadline for Questions Thursday, April 18, 2024 at 11:00 a.m. Proposal Due Date Thursday, May 9, 2024 at 11:00 a.m. Interviews with Proposers (at City's discretion) Tuesday, May 21,2024 City Council Recommendation of Award Monday,June 10, 2024 2. In the Proposal Format and Content Requirements section, item No.5 (Cost and Pricing) is amended to read as follows: "5. Cost and Pricing: a. Proposals must include the Proposal Price Sheet attached as Attachment"A." b. For as-needed non-retainer services, proposals must include staff hourly rates, plus any other proposed costs such as mark-ups, overhead, travel, etc. An hourly fee/rate schedule must be submitted with the proposal. If the scope of work is substantially modified, the extra cost or credit must be negotiated based on the submitted hourly fees/rates." Page 1 of 3 262 Addendum No. 2 Solid Waste Consulting Services RFP Page 2 of 3 3. Page 17 of the RFP is replaced with the attached Page 17R, which will serve as the Consultant's proposal price sheet. B. The addendum is being issued to incorporate the following Questions and Answers ("Q&A") into the Bid Documents: RESPONSE TO REQUESTS FOR INFORMATION NO. 1 1. Q: Under Submittal Procedures/Deadline, it states, "Postmarks by this date are unacceptable and no facsimiles will be accepted." But above it states, "three hard copy sets of the proposal (two (2) bound, one (1) unbound) shall be mailed no later than date/time of proposal submittal. A: Proposal submittals must be received by the City of Bell Gardens by 11:00 A.M. on Thursday, May 9, 2024. All delivery arrangements are the responsibility of the proposer. 2. Q: Under PROPOSAL FORMAT AND CONTENT REQUIREMENTS, 4. Minimum Qualifications, Prior Related Experience and References. It states, "This client reference list must be included as an appendix to the proposal..." Are we allowed to keep the references in this section instead? A: Please include an appendix to the proposal as indicated in the RFP. 3. Q: Under PROPOSAL FORMAT AND CONTENT REQUIREMENTS, 5. Cost and Pricing, it states that the Proposal Price Sheet is Attachment B. Should that read Attachment A? Also, is Attachment A supposed to be a pricing form? A: Please refer to the changes outlined above for clarification. Consultants must insert their compensation document in accordance with the Scope of Work listed on the RFP. 4. Q: Do we need to complete and submit Attachment B: Acknowledgement of City's Standard Form of Agreement with our proposal? A: Yes, the proposal should include the signed Acknowledgement of City's Standard Form of Agreement. 5. Q: Does the City currently have a preferred annual report and/or SB 1383 data tracking system? A: The City does not have a preferred annual report and/or SB 1383 data tracking system. However, it is the City's intention to have unrestricted access to such systems and any data pertaining to the City of Bell,Gardens. 263 Addendum No. 2 Solid Waste Consulting Services RFP Page 3 of 3 6. Q: According to'the RFP, the "term of the Agreement will be for three (3) years with up to two (2) optional one-year extensions." Can the City provide an estimated yearly budget for this project? A: Total budget allocations are unknown at this time as the City anticipates awarding a contract for solid waste consulting services based on its needs. Compensation will be negotiated with the selected firm. For reference only, interested parties may access the City's current solid waste consulting agreement and pertinent information here. Hard copies may be requested via Public Records request through the City Clerk's Office. 7. Q: Current Vendor. Please identify the private firm currently providing the City with solid waste consulting services at this time, outline the scope of services, schedule of the hourly rates for services, and indicate the tenure of the incumbent vendor. A: All information regarding the existing solid waste consulting agreement can be found here., 8. Q: Please advise as to the City's current annual budget for these services, including a disbursement schedule if funding is allocated on a monthly basis within the City's annual or biennial budget cycle. A: Please refer to response to question No. 6. Sincerely, RESPONSE TO REQUESTS FOR INFORMATION NO. 1 Bernardo Iniguez Director of Public Works/Facilities The proposer shall individually identify and acknowledge receipt of this addendum by " signing and enclosing a copy of this form in his/her proposal submittal. Failure to do so may result in disqualification of his/her proposal. Signature of Proposer Date Proposer Firm Name and Address 264 PROPOSAL PRICE SHEET Consultant to insert"INSERT TITLE OF COMPENSATION DOCUMENT" in accordance with Scope of Work. Consultant to attach the hourly rates for the various classifications that would be billed to the City under EACH category listed in the Scope of Work. • 17R 265 tr% 4 PLO:LIS O '.KS DEPARTMENT °� x �} 8327 GARFIELD AVENUE®BELL GARDENS,CALIFORNIA 0201.6122 `ACraitL (562)806-7770 FAX( 2)806-7789 0 WWW.BELLGARDENS.ORG REQUEST FOR PROPOSAL FOR SOLID WASTE CONSULTING SERVICES ADDENDUM NO. 1 April 25, 2024 This addendum is being issued for the REQUEST FOR PROPOSAL (RFP) FOR SOLID WASTE CONSULTING SERVICES. Submit a proposal for these services with the full understanding and full consideration of this addendum. This addendum is being issued to make the following changes: 1. The Proposal submittal deadline is extended from 11:00 A.IVI on Thursday, May 2, 2024,to 11:00 A.M. on,Thursday, May 9, 2024. Sincerely; Bernardo Iniguez Director of Public Works/Facilities The proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her proposal submittal. Failure to do so may result in disqualification of his/her proposal. Signature of Proposer Date Proposer Firm Name and Address 266 eft r � - lat rei •1 LIFO AN REQUEST FOR PROPOSALS FOR SOLID WASTE CONSULTING SERVICES RFP Release Date Friday, April 5, 2024 Proposal Submittal Deadline 11:00 a.m., Thursday, May 2, 2024 Contact Person: Bernardo lniguez, Director of Public Works/Facilities City of Bell Gardens 8327 Garfield Avenue Bell Gardens, CA 90201 (562) 806-7770 biniquez(c beilaarrdens.orq 7100 Garfield Avenue• Bell Gardens, CA 90201 •(562) 806-7700•www.bellgardens.org 267 1TABL OF CONTENTS. . a BACKGROUND AND GENERAL INFORMATION 3 SUBMITTAL PROCEDURES/DEADLINE 4 DEFINITIONS, TERMS, AND CONDITIONS 4 SCOPE OF WORK 12 PROPOSAL FORMAT AND CONTENT REQUIREMENTS ....15 EVALUATION CRITERIA •...18 ATTACHMENTS: Attachment A— Proposal Price Sheet Attachment B —Acknowledgement of City's Standard Form of Agreement Attachment C—Sample Professional Services Agreement w S 268 :BACKGROUND AND GENERAL INFORMATION r - t The City of Bell Gardens(City)was incorporated on August 1, 1961, as a general law city, thus, it operates under the Council/Manager form of government. The five City Council members are elected at-large by registered voters in the City for staggered four-year terms and serve as the City's legislative, policy-making body. The Mayor position is shared among the Council members who select one another as Mayor annually. The City Council holds bi-monthly public meetings. The City Manager is responsible for directing City affairs as prescribed by the City Council. The City has a population of approximately 39,000 in an-,area of 2.4 square miles located in the southeastern part of Los Angeles County. The City shares a common boundary with the Cities of South Gate, Bell, Downey, and Commerce. The City is considered an integral part of the Los Angeles-Long Beach metropolitan area. The City's departments include Finance and Administration, City Clerk, Community Development, Recreation and Community Services, Police, and Public Works. Fire services are provided by the Los Angeles County Fire Department. The Public Works Department consists of various divisions, including Administration, Street Maintenance, Parks and Facilities Maintenance, Utilities and Contracts, Transportation - Services, the City Water System, and Solid Waste Management. The City maintains an exclusive franchise agreement for residential solid waste collection services. Additionally, the City maintains six non-exclusive franchise agreements for commercial solid waste collection services. Haulers are required to offer collection services and deliver all solid waste, recyclables, and green waste/organic waste to appropriate facilities. The Public Works Department is also responsible for managing the solid waste, green waste, recycling, and household hazardous waste (HHW) programs within the City's jurisdiction, including developing and implementing programs that meet State mandates, including but not limited to, the Short-Lived Climate Pollutant Reductions Act(SB 1383), Mandatory Commercial Recycling (AB 341), and Mandatory Organics Recycling (AB 1826). The City is seeking proposals from qualified firms with proven expertise to provide professional solid waste consulting services, including 1) legislative assistance and compliance support; 2) contract monitoring; 3) Mandatory Commercial Recycling, Organics Regulations and SB 1383 Assistance; and 4) Annual Reporting Services (collectively "solid waste consulting services"). The City currently contracts out these solid waste consulting services to a private firm and is seeking to re-evaluate costs and qualifications. Please review this Request for Proposals for Solid Waste Consulting Services (RFP) outlining the range of services being sought to determine if you wish to submit a proposal for the requested services. It is the intent of the City to select a single Consultant to provide the requested Solid Waste Consulting Services; however, the City reserves the right to select one or more Consultants to provide as-needed Solid Waste Consulting Services either through this RFP or through subsequent solicitations for as-needed solid waste consulting services. The term of the Agreement will be for three (3) years with up to two (2) optional one-year extensions. 3 269 SUBMITTAL PROCEDURES/DEADLINE An electronic version of the proposal shall be emailed to cityclerkdeskCa�betlgardens.orq and biniquez.belloardens.orq no later than 11:00 a.m. on Thursday, May 2, 2024. Additionally, three hard copy sets of the proposal (two (2) bound, one (1) unbound) shall be mailed no later than 11:00 a.m. on Thursday, May 2, 2024, to the City Clerk's Office. The electronic version of the proposal must be an exact duplicate of the hard copies and the subject line must read "City of Bell Gardens Proposal for Solid Waste Consulting Services". If the,proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal. Postmarks by this date are unacceptable and no facsimiles will be accepted. Please mail or deliver your response in a sealed envelope with "City of Bell Gardens Proposal for Solid Waste Consulting Services" written below the address label and addressed as follows: City Clerk's Office Attention: Daisy Gomez, City Clerk City of Bell Gardens 7100 Garfield Avenue Bell Gardens, CA 90201 Questions and Inquiries To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Bernardo Iniguez, Director of Public Works/Facilities, at binicuez belloardens.orc and copied to Karla Gonzalez, Senior Management Analyst, at konzalez aC bellgardens.org. The deadline for written questions and inquiries is Thursday, April 18, 2024, at 11:00 a.m. City Hall is open Monday through Thursday from 7:30 AM to 6:00 PM. The tentative schedule for this RFP is as follows: Release of RFP Friday, April 5, 2024 Deadline for Questions Thursday, April 18, 2024 at 11:00 a.m. Proposal Due Date Thursday, May 2, 2024 at 11:00 a.m. Interviews with Proposers (at City's discretion) Tuesday, May 14, 2024 City Council Recommendation of Award Monday, June 10, 2024 DEFINITIONS, TERMS, AND CONDITIONS:_ Definitions: To simplify and clarify the language throughout this RFP, the following definitions shall apply: City Council: The elected officials of the City of Bell Gardens, who have been given the authority to exercise such powers and jurisdiction on all City business as conferred by the State 4 270 Constitution and the City of Bell Gardens Municipal Code. Agreement: An agreement between the City and the selected Consultant to furnish professional services over a designated period. Consultant: The bidder, contractor, vendor, firm, company, proposer, organization, or individual offering a proposal in response to this RFP. Proposal General Terms and Conditions: RFP General Conditions Consultants should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent contractual documents that may arise from this RFP. Following the Proposal Submission Deadline, the City, pursuant to the California Public Records Act (Govt. Code Section 6250 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the public, except to the limited extent the City determines that any information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, Consultants acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, including other proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, except for those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as "Confidential," "Trade Secret,"or"Proprietary." The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as"Confidential," "Trade Secret," or"Proprietary" or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal "Confidential," "Trade Secret," or"Proprietary" shall be regarded as non-responsive. Proposal Validity All proposals, with associated costs, shall be considered valid and binding on the Consultant for a period of ninety (90) days after the proposal due date. Electronic Documents Consultants may be supplied with the original RFP documents in electronic form to aid in the preparation of proposal(s). By accepting these electronic documents, each Consultant agrees not to edit or change the language or format of these documents. Submission of a proposal by a Consultant signifies full agreement with this requirement. Receipt of Proposals Submitted proposal(s) must be properly addressed and received by the City prior to the date and time specified. The mere fact that the proposal was dispatched will not be considered; the Consultant must ensure that the proposal is delivered. 5 271 Proposals received after the date and time specified shall be returned and will be considered void and unacceptable. The City is not responsible for the lateness of the mail carrier, etc.; and the time/date stamp of receipt by the City Clerk's Office shall be the official time of receipt. Alterations Proposal documents cannot be physically altered or amended after the closing date.Alterations made before closing must be initialed by the Consultant to guarantee authenticity. Proposals may not be withdrawn after the proposal closing date, and each Consultant agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before an agreement is awarded as further described below. Point of Contact and Communication The Director of Public Works/Facilities is the designated "Point of Contact" for this RFP. Proposers must only communicate with the Point of Contact during the RFP submission and procurement process. Communications initiated by proposers to this RFP with members of the City Council, or officers, personnel or employees of the City, other than via the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this RFP submission and procurement process shall be submitted writing to the Point of Contact as follows: City of Bell Gardens Attention: Bernardo lniguez, Director of Public Works/Facilities 8327 Garfield Avenue Bell Gardens, CA 90201 (562) 806-7770 Email: biniguez©bellgardens.org The City shall not be responsible for any verbal communication between any employee of the City and any proposed Consultant outside of the communication procedures established in this RFP. Only written requirements and qualifications will be considered. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract. Proposers and proposers' representatives may not communicate with the City Council members about this RFP. In addition, proposers and proposers' representatives may not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City regarding this RFP until after Agreement Award. However, proposers and their representatives are not prohibited from making oral statements or presentations in public to one or more representatives of the City during a public meeting. A "proposer" or"proposer's representative" includes all of the proposer's employees, officers, directors, Consultants and agents, any subcontractors or suppliers listed in the proposer's proposal, and any individual or entity who has been requested by the proposer to contact the City on the proposer's behalf. 6 272 Reservations The City reserves the right to accept or reject any or all responses received in response to this RFP. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City's potential award of an agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If an agreement is awarded, the award will be to the Consultant or Consultants who in the judgment of the City have presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposals are best for the City. Additionally, the City may, for any reason, decide not to award any agreements based on this RFP. The City reserves the right to cancel or modify this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission of the response. The City reserves the right to negotiate deliverables and associated costs. There is no guarantee that the City will award an agreement. Reimbursements The Consultant shall be solely and exclusively responsible for all costs incurred in connection with the preparation and submission of the proposals; demonstrations; interviews; preparation of responses to questions and requests for additional information; for contract discussions; or for anything in any way related to this RFP. The City is not liable for any costs incurred by a proposer in response to this RFP. Whether or not a Consultant is awarded an Agreement pursuant to this RFP, no proposer shall be entitled to reimbursement for any costs or expenses associated with the Consultant's participation in this RFP process. Certification Any proposal that does not contain all the information requested in this RFP will be considered incomplete and may be rejected by the City. Funding The City operates and is funded on a fiscal yearly basis. Accordingly, the City reserves the right to terminate, without any liability, any Agreement for which funding is not available. Negotiations Negotiations may be conducted with responsible Consultants who submit proposals that are reasonably susceptible of being selected. All Consultants reasonably susceptible of being selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will ultimately result in the award of a single Agreement, the City reserves the right to negotiate an Agreement with more than one firm. Additional Information During the proposal evaluation process, the City reserves the right, where it may serve the 7 273 City's best interest, to request additional information or clarifications from Consultants. The City also reserves the right to investigate the qualifications of the proposed Consultant(s) as it deems appropriate. Award of Agreement Award of any agreement resulting from this RFP will be by the City Council at a public meeting. Consultant Dress Code, Appearance, and Equipment The selected Consultant shall require each of its employees to adhere to industry standards of work ethic and attire. Shirts shall be worn at all times and shall be buttoned and tucked in. The Consultant's employees shall have shirts with the Consultant's company logo or wear Consultant-issued identification cards at all times while performing work on behalf of the City. No caps with insignias or designs other than the Consultant's logo may be worn and no caps shall be worn backwards. The Consultant shall provide its employees all of the necessary equipment, vehicles, and apparatus needed to perform the services contained in this RFP. 4""4- SCOPE OF WORKv:f�� -44 qy f The primary goal of this RFP is to solicit proposals from qualified Consultants who can assist the City with solid waste consulting services. Consultant shall work directly with the City to establish scheduled meetings in person or virtually by phone and/or video conferences. Consultant shall have comprehensive knowledge of all State, County, and Local regulations regarding the collection, hauling, processing, and disposal of all types of waste including solid waste, universal waste, designated waste, E-waste, construction & demolition waste, hazardous waste, recyclables, and organic waste. Consultant shall have comprehensive knowledge of franchise contract provisions, state and local environmental challenges, best management practices, industry standards, options for service, and charges for rates. The Scope of Work is as follows: 1. Legislative Assistance and Compliance Support a. Consultant will work with City and external agencies to document and prepare any necessary reports regarding both residential and non-residential programs. Consultant will maintain communication with the City's California Department of Resources Recycling and Recovery(CalRecycle) representative to ensure ongoing compliance with the City's Corrective Action Plan for SB 1383 and other state regulations such as CalGreen, AB 341, AB 827, AB 939, AB 2176 and SB 1383. b. Consultant will track solid waste legislation, regulations, SB1383 resources, guidance and funding opportunities, policy decisions, and other solid waste, recycling and organics mandates pertinent to the City. Consultant will support the City with ongoing SB 1383 contract compliance activities such as monitoring key 8 274 services and compliance dates, reporting requirements, and specific annual SB 1383 program and educational requirements. c. Consultant will provide guidance and assistance to the City using CalRecycle's organic waste and edible food recovery capacity planning tools to provide the information to the County. This will be conducted in accordance with 14 CCR 18992.1, 18992.2, 18992.3 and submitted to Los Angeles County by the established deadlines. d. Consultant will review annual solid waste rate adjustment requests from the City's residential franchise hauler, provide a report to the City on the review of the request, and provide the City with a recommended response. 2. Contract monitoring and Franchise Management Consultant will assist with tasks associated with monitoring, managing, analyzing, benchmarking, negotiating, and otherwise providing input regarding the City's solid waste, recyclables, and organic materials collection and post-collection contracts as directed by the Director of Public Works/Facilities. Tasks will include, but are not limited to, the following: a. Develop a plan to ensure franchisees meet all contractual obligations. The Consultant shall perform these tasks: i. Periodic meetings with the exclusive residential franchise hauler and non- exclusive commercial haulers to monitor and coordinate implementation plans and schedules, and to track businesses with commercial programs under AB 341 and food scrap diversion programs in alignment with AB 1826 and the required tonnage diversion targets. ii. Develop reporting protocols and tools to ensure the implementation of diversion and recycling programs and prompt submittal of reports as required by franchise agreements. iii. Waste characterization oversight to assess the quantity and types of materials found in the different waste streams. These waste characterizations will assist in the identification of SB 1383 contamination levels, additional diversion opportunities and assess the impact of City's and franchisees' educational outreach efforts. b. Audit franchisees' tonnage reports and recycling requirements based on customer type (residential, commercial, roll-off) and waste stream (refuse, recycling, and 9 275 green waste). Additionally, Consultant will monitor franchisee's organics programs in compliance with state requirements. c. Support the City in competitive procurements and negotiations for franchise contracts, contract amendments, rate reviews, and audits.' If applicable, the Consultant will assist with the development of a request for proposal for a new residential franchise agreement to ensure compliance with state regulatory requirements, particularly related to SB 1383 implementation. d. Review the franchisee annual rate adjustment request, including franchisee's calculations in accordance with the allowable annual increase in the franchise agreements. As directed by the Director of Public Works/Facilities, Consultant will assist with administration of a Proposition 218 process for proposed rate adjustments, if required. e. If requested by the City, Consultant will conduct a contract compliance audit of the franchised haulers. 3. Mandatory Commercial Recycling, Organics Regulation and SB 1383 Assistance The selected firm will perform tasks to ensure compliance activities that may include, but not be limited to, the following tasks: a. Assist the City by preparing and submitting, for City approval, public education and outreach materials to encourage participation in the source separated recyclables and organics collection programs. b. Provide ongoing as-needed training and technical assistance regarding the implementation, monitoring, evaluation, funding, and enforcement of various SB 1383 requirements, programs, and services. c. Develop public education and outreach information for edible food generators for distribution to the Tier One and Tier Two Edible Food Generator lists provided by the franchisees. d. Review program participation levels and franchisees'outreach and discuss findings during the monthly franchise management meetings with Franchisee and the City. e. Oversee Compliance notification procedures including drafting correspondence for the City's review, coordinating feedback and responses, and developing forms for reporting purposes. f. Develop an SB 1383 Enforcement Plan, including best management strategies, training and enforcement operating procedures. 10 276 g. Prepare an SB 1383 procurement analysis. 4. Annual Reporting Services Consultant will assist in the preparation of any required CalRecycle reports for City review, including but not limited to, the CalRecycle electronic annual report (EAR) and any other CalRecycle report that may be required: Tasks associated with this scope include, but are not limited to, the following: • a. Prepare documentation to be included with the City's Electronic Annual Report (EAR) submitted to CalRecycle and assist the City in responding to other inquiries by CalRecycle. b. Collection of all required data and quantities from the franchise holders, operators of recycling programs in the City, local recycling facilities, private recyclers, and other diversion facilities. c. Review tonnage reports to determine diversion quantities for commercial, residential, and special events. d. Contact haulers and reviewing records to obtain information on outreach and educational programs for customers as required by state mandates. e. Communicate with CalRecycle representatives regarding CalRecycle reports and program requirements, if requested by the City. f. Participate in in-person or virtual site visits with CalRecycle staff. 5. Other Solid Waste Related Tasks a. Upon City request, Consultant will assist with other solid waste and recycling contract management and compliance items that may be identified during the contract term. b. This task may require the development of new programs as required by new legislation or enhancement of existing programs to meet state requirements. PROPOSAL FORMAT AND CONTENT REQUIREMENTS The following instructions describe the form in which proposals must be submitted. 11 277 Responses to the following items will be used for proposal evaluation. Proposals that do not contain responses to each of the requirement items will be considered incomplete and may be rejected. Proposal documents should provide a straightforward, concise description of the Consultant's capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. The requirements , stated do not preclude a Consultant from furnishing additional reports, functions, and costs as deemed appropriate. The proposal must contain the following elements: 1. Transmittal Letter: a. A letter of transmittal signed by an individual authorized to bind the proposer stating the proposer has read and will comply with all terms and conditions of the RFP. The transmittal letter will contain, at a minimum: a)company name and address; and b) an executive summary briefly describing the proposers ability to perform the work requested, a history of the Consultant's background and experience providing services, and a description of the firm's understanding of the City's needs. b. Conflict of Interest Statement:The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement. Particular attention should be paid to compliance with Government Code section 1090. 2. Methodology a. Include description of a)the approach and methodology to be taken in addressing each component in the scope of work, b) a listing of the specific tasks, milestones and deliverables required to properly perform the requested services, and c) a workplan showing proposed hours for each service, availability of team members, quality assurance&supervision. b. The City will expect the selected Consultant to adhere to the established methodology and workplan. J 3. Management and Staffing: Describe the management and staffing configuration to be utilized to complete each component of the scope of work. Describe the qualifications of staff to be assigned to the City, their title, and types and amount of equivalent experience. Resumes of all proposed personnel must be included. The proposal must indicate who will have primary 12 278 responsibility for the requested services. The'proposal must also identify any proposed subcontractors or subconsultants that are integral to the proposed team. 4. Minimum Qualifications, Prior Related Experience, and References a. Firms or individuals must demonstrate competence and capability to satisfactorily perform the scope of work. Firms must have at least ten (10) years of experience providing solid waste consulting services in California. Proposals that do not meet the minimum qualifications will be deemed to be nonresponsive and ineligible for award. The proposer must provide evidence to show that the firm and members of the proposer's project team possess the specific minimum experience, qualifications, competence, resources, and business integrity as specified in the scope of work that are necessary to carry out the work under the contract as expected. Examples of evidence include, but are not limited to, resumes, letters of reference, and project/service summaries that highlight the team's specific experience. b. A list of at least five (5) professional references, three (3) of which shall be from a municipal or public agency. This client reference list must be included as an appendix to the proposal and must include the following information for each reference listed: a) complete description of the work/services provided, b)the time period for the work/services provided, c) the name and contact information of the client, including telephone number and/or address, and d) the key managers and professionals assigned to the work/services. The information concerning the work/services provided for each respective client must be no more than five (5) years old. 5. Cost and Pricing: a. Proposals must include the Proposal Price Sheet attached as Attachment"B." b. For as-needed non-retainer services, proposals must include staff hourly rates, plus any other proposed costs such as mark-ups, overhead, travel, etc. An hourly fee/rate schedule must be submitted with the proposal. If the scope of work is substantially modified, the extra cost or credit must be negotiated based on the submitted hourly fees/rates. 6. Additions or Exceptions: a. A single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL"containing a complete and detailed 13 279 description of all the Consultant's exceptions to the provisions and conditions of the attached City standard professional services agreement attached as Attachment"C." 7. Pending Litigation: Include an explanation and status, if in the last five years, the firm or an office or principal of the firm has been involved in any substantiated complaints, litigation, legal proceedings, or investigations by a regulatory authority. 8. Insurance: Evidence of commercial liability, professional liability, and workers compensation insurance coverages must be included. Insurance requirements are listed on the sample agreement attached as Attachment"C." "$ EVALUAT ON CRITERIA; f4 •• 4'•_ �' f- �� 9 ' • The award of an agreement will be made to the most qualified Consultant(s) whose proposal complies with the prescribed requirements. The City reserves the right to reject any or all proposals and to waive any technical errors, irregularities, or discrepancies, if to do so is deemed to serve the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Consultant to whom it is proposed to make such an award. Proposals will be reviewed and evaluated by City staff, including the Director of Public Works/Facilities, and will be ranked.,based on the following criteria: 1. Comprehension of the Request for Proposals (Max Score: 15 Points) This relates to the proposer's basic understanding of the City's requested services and proposer's ability to articulate a concise description of the role of the requested services. 2. Qualifications of Proposer (Max Score: 65 Points) • Experience of the firm • Staffing and resources • Qualifications and experience of proposed personnel • Ability to provide specialized solid waste-related services such as legislative support, contract monitoring, negotiations, and franchise agreement management. • Familiarity with federal, State and regional/local agency requirements, including CalRecyle. 14 280 3. References (Max Score: 20 Points) This relates to the reputation and quality of past work performed by the proposer based on municipal and other professional references. If further clarifications or negotiations are required, on-site or virtual interviews may be conducted. Participation in these interviews will be at the expense of the proposers. The interview panel will be made up of staff members or representatives from the City. Recommendations will be provided to the City Council for final selection and award. Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may not be given further consideration. Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration: • Evidence of collusion, directly or indirectly, among Consultants with regard to the amount, terms, or conditions of this proposal; • Any attempt to improperly influence any member of the selection staff or City Council members; • Existence of any lawsuit, unresolved contractual claim or dispute between Consultant and the City; • Evidence of incorrect information submitted as part of the RFP; • Evidence of Consultant's inability to successfully complete the responsibilities and obligations of the proposed scope of work; and • Consultant's default under any agreement, which results in termination of the Agreement. Each proposal will be considered along with those of other responding Consultants, with respect to ability to perform effectively and efficiently those scope of work outlined above. The successful Consultant shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the Agreement. Close coordination with the City is required to assure that all requirements will be met. The City reserves the right to withdraw this RFP at any time without any prior notice. Further, the City makes no representations that any Agreement will be awarded to any Consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any or all proposals responding to this RFP without indicating any reasons for such rejection(s). 15 281 ATTACHMENT "A" PROPOSAL PRICE SHEET 16 282 PROPOSAL PRICE SHEET Consultant to insert"INSERT TITLE OF COMPENSATION DOCUMENT" in accordance with Scope of Work. 17 283 ATTACHMENT "B" ACKNOWLEDGEMENT OF CITY'S STANDARD FORM OF AGREEMENT 18 284 ACKNOWLEDGEMENT OF CITY'S STANDARD FORM OF AGREEMENT I, the undersigned, certify that I, [insert name] am the [insert title] of [insert firm name], the party making the proposal for award of an agreement for SOLID WASTE CONSULTING SERVICES ("Proposer") and, on behalf of the Proposer, hereby: Accept City's Standard Form of Agreement—check one box. ❑ As is, without qualifications or modifications. ' 0 As modified by attachment. [Proposer to provide] I certify that I am authorized to sign this Consent Form on behalf of the Proposer. Executed this day of 2024 at , California. Signature of Officer Printed/Typed Name of Officer Title of Officer 19 285 ATTACHMENT "C" SAMPLE PROFESSIONAL SERVICES AGREEMENT 20 286 2024 PROFESSIONAL SERVICES AGREEMENT (Engagement: Solid Waste Consulting Services) (Parties: INSERT CONSULTANT NAME and City of Bell Gardens) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2024 (hereinafter, the "Effective Date") by and between the CITY OF BELL GARDENS,.a municipal corporation (hereinafter, "CITY") and INSERT CONSULTANT NAME (hereinafter, "CONSULTANT"). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably, as appropriate. RECITALS WHEREAS, CITY requires professional consulting services INSERT THE KIND OF SERVICES REQUIRED; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and WHEREAS, the execution of this Agreement was approved by,the Bell Gardens City Council at its Regular Meeting. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows: I. ENGAGEMENT TERMS 1.1 TERM: This Agreement shall have a term commencing from the Effective Date through INSERT DATE (hereinafter, the"Term"). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's:ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below. 1.2 SCOPE OF WORK A. Subject,to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled "REQUEST FOR PROPOSALS FOR SOLID WASTE CONSULTING SERVICES" (hereinafter, "CITY RFP") and the written proposal of CONSULTANT entitled "INSERT TITLE OF PROPOSAL" (hereinafter, the "CONSULTANT PROPOSAL") dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit"A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized 21 287 term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of-any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the, provisions of this Agreement shall govern and control. 1.3 PROSECUTION OF WORK: A. CONSULTANT shall perform the Work contemplated under this Agreement_on an as-needed, as requested basis. Nothing in this Agreement shall be_construed to grant CONSULTANT the exclusive right to perform any of the_types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under. this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and_accepted by CITY. CITY requests for the performance of specific services_or tasks contemplated,under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a "Work Order"). Each Work,Order shall include the following information: 1. A detailed description of the specific services or tasks requested; 2. The location of where the particular services or tasks are to be performed, if applicable; 3. A not-to-exceed budget for performing the services or tasks; 4. A timeline for completing the requested services or tasks; 5. Any other information CITY deems necessary and relevant to the requested services or tasks; and '- 6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative. B. CONSULTANT shall perform no Work under this Agreement without a written request from°the City Representative, containing the information set forth in Section 1.3 (A), above. 1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with "INSERT TITLE OF COMPENSATION DOCUMENT" (hereinafter, the "COMPENSATION RATE"). The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of INSERT WRITTEN AMOUNT ($INSERT NUMBER) (hereinafter, the"Not-to-Exceed Sum") during the prosecution of this Agreement, unless 22 288 such added expenditure is first approved by the City Council. In the event CONSULTANT's charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT's performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement. 1.5 PAYMENT OF COMPENSATION: Following the conclusion of the Work requested in Section 1.2, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable outof-pocket expenses incurred. If the amount of CONSULTANT's compensation is a function of hours worked by CONSULTANT's personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, 'the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amountsincludedt on the invoice.CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT. 1.6 ACCOUNTING RECORDS CONSULTANT will maintain complete and accurate records with respect to all matters:covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all:"program data, documents ,proceedings, and activities. 1.7 ABANDONMENT-BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this.Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks,set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment. II. PERFORMANCE OF AGREEMENT 2.1 CITY'S REPRESENTATIVE: The CITY hereby designates. INSERT CITY REPRESENTATIVE (hereinafter, the "City Representative") to act as its representative 23 289 for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee. 2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates INSERT CONSULTANT REPRESENTATIVE, to act as its representative for the performance of this Agreement (hereinafter, "Consultant Representative"). Consultant Representative will have full authority to represent and act on behalf of the_ CONSULTANT for all purposes under this Agreement. Consultant Representative, or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of.the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT. 2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS: CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees. 2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the.following: A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession; B. CONSULTANT shall at all-times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of.the CITY's authorized representative; C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY; D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely 24 290 i responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONSULTANT's employees- and agents possess sufficient skill, knowledge,training and experience to perform those servicesand tasks assigned to them by CONSULTANT; and G. All of CONSULTANT's employees and agents (including, but not limited to, subcontractors and subconsultants) possess ail licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreementandmade available to CITY for copying and inspection. The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT's own cost and exPense end without any reimbursement from CITY, any services necessary to correct anyverrors bv omissions caused;, by CONSULTANT's failure to comply with the standard of,care set(forth under this Section or by any like failure on the part of C-ONSULTANTs employees, agents,:contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their-discovery by either Party and will be completed within seven (7) calendar days.'from the date of discovery or such other extended period of time,authorized biy the City Representative in writing and in their sole and absolute discretion The Parties acknowledge and agree that CITY's acceptance of any work performed by-CONSULTANT,c.r on,CONSULTANT's behalf will not constitute a release-of any deficiency,or delay in performance. The Parties further acknowledge, understand and'agree that CITY has relied upon the foregoing representations of :CONSULTANT, including buts not limited to the representation that CONSULTANT possesses the skills,training, knowledge and experience necessary to perform the Work skillfully,.competently apd to the highest standards of CONSULTANT'S profession. 2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CIT_Y's willingness to enter into this Agreement. Accordingly, CITY has an interest in the'qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this.Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement. 25 291 2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement fdr cause. As discussed below, any personnel who fail or refuse to perform the Servic s'in'a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Projector ,.;threat to the safety of persons or property, shall be promptly removed frorsi e Project'b Ythe CONSULTANT at the request of the CITY. 2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT CONTRACTOR: The Work will be performed by CONSULfTANT or under:,CONSULTANT'S. strict supervision. CONSULTANT will determine the neans, nethods and details of performing the Work subject to the requirements ,of- a Agreement. CITY retains CONSULTANT on an indepe dent:>contractor bass,:and not as an employee. CONSULTANT reserves the rig to°perform similar'itfferent services for other principals during the term of this Agreernet .provided S clay work does not unduly interfere with CONSULTANT's competent aidtmely per orinance of the Work contemplated under this Agreement 'andI provided he.performance of such services does not result inthe unauthorized disclosure;:of CITY s confidential or proprietary information. Any addonaj personnel p'erforirig the Work under this Agreement on TA behalf of CONSULNT area not emplo�i esF of CITY and will at all times be under CONSULTANT'S' exclusive direction and *Vol. CONSULTANT will pay all wages, salaries and other 'thountsdue'to such personnel and will assume responsibility for all benefits, payroll to es Social Security aht'V Medicare payments and the like. CONSULTANT.will be,responsible for all.treports and obligations respecting such ad ai"pirrs n el, incltieg, but not limited to: Social Security taxes, income tax withholding, unernpioyment'rnsu,rance, disability insurance, workers' compensation Arisitwance and the likV ` < 3s t4 ` 2.8 REMOVAL OF EMPLOEES OR AGENTS: If any of CONSULTANT's officers, employees.agents, corkat tors, subcontractors or subconsultants is determined by the City Represtentative tobencooperative, incompetent, a threat to the adequate or timely performance*he/tafft assigned to CONSULTANT, a threat to persons or property, or if any of CON9si ANT's officers, employees, agents, contractors, subcontractors or subconsultants fait or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work. 2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in ' compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA 26 292 requirements and applicable regulations of the Federal Department of Housing and Urbanization. 2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 2.11 INDEPENDENT CONTRACTOR STATUS: The Parties;acknowledge, understand and agree that CONSULTANT and all persons retained or employedTgby CONSULTANT are, and will at all times remain,wholly independent contractors andare not officials, officers, employees, departments or subdivisions of tITY. CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract,or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing INSURANCE 3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration ofthe Work, CONSULTANT will procure and maintain policies of insurance that-meet the requirements and;specifications set forth under this Article. CONSULTANT will procure and-maintain the following insurance coverage, at its own expense: A; Commercial General Liability `Insurance: CONSULTANT will procure and maintain,Commercial General Liability Insurance ("CGL Coverage"),as broad as Insurance Services Office.Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual-liability. S. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage. C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of 27 293 workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement. D. Errors&Omissions Insurance: For the full term of this Agree'lent and for a period of three (3)years thereafter,CONSULTANT will procur2,4nd'maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage will have minimum limits of no less&.than., One Million Dollars ($1,000,000.00) per claim. r .. ` �" 3.2 ADDITIONAL INSURED REQUIREMENTS: Thee Coverage arici the Automobile Liability Insurance will contain an endorsement` , ming the CITY ancdkCl Y's elected and appointed officials, officers, employe `,agents and volunteers 'as'additional insureds. if44 �ry ' ti `' ' 3.3 REQUIRED CARRIER RATING: All varieties o 'rnsurance required under this Agreement will be procured froma nst rers admitte'd 'the State of California and authorized to issue policies directly,t iCalifornia insuredsleCept as otherwise provided elsewhere under this Article, all re4ired'ir r'nce will be pfo+ cared from insurers who, according to the latest edition of the Best's Insurance Guide, hae;an A.M. Best's rating of no less than A:VII. CITY may also accept policies irceured byinsurance carriers with a Standard & Poor's ra#ngof,no less th r BB according to the latest published edition the Standard & 4Roor's 44: ing guide. As't ' Workers Compensation Insurance/ Employer's Liability;Insurance;tie CITY Representative is authorized to authorize lower ratings than those.set forth in this Section ; :: .. 3.4 PRIMACY OF CONS LTA T'S 'IN NCE,AlI policies of insurance provided by COIJS,ULTANT-will be prl ary to anykedv4jge available to CITY or CITY's elected or apppyrted"officials,,ofFicersyaenployees, agents or volunteers. Any insurance or self- An Trance mairi6iliett. by CllY for CITY's elected or appointed officials, officers, 'employees, agents cvolunteersvill be in excess of CONSULTANT's insurance and wilh contribute with4 � 3.5 WAIVER ,P SUBROG TION: All insurance coverage provided pursuant to this Agreemeht il not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcor)trectorsaar subconsultants from waiving the right of subrogation prior to a loss. CONSULTANTcoNsukfwhereby waives all rights of subrogation against CITY, its officials, officers, employees;agents and volunteers. 3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY. Accordingly, CONSULTANT warrants, represents, and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this 28 294 Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any Work. Upon CITY's written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsement* 3.7 FAILURE TO MAINTAIN COVERAGE: In the event any,p01.6i of insurance required under this Agreement does not comply with these specifitfikn .t is canceled and not replaced immediately so as to avoid a lapse in the requfivVbovefaKCITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternate CITY may cancel this Agreement effective upon notice.` �`^ � 3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY resesrves.the right to modify these requirements, including limits, based on the nature dflt k eesk, prior experience, insurer, coverage, or other special circumsttrnces 4 • IN DENINJFICATIOt , .g • • 4.1 The Parties agree, that CITY and CITY's selected and--appointed officials, officers, employees, agent's.arid volunteers (hereina r, the "City Indemnitees") should, to the fullest extent perrnr`tted by lair,*protected:from any and all loss, injury, damage, claim, lawsuit, cost, ex( se, attorn s,fees, litigant costs, or any other cost arising out of or in any way relat d?to.thenance of thisa greement. Accordingly, the provisions of this indemnity provision,are intendet by_the`°Parties to be interpreted and construed to proide City Indepertees with the.feallest protection possible under the law. CO S(. LTANNT'�� ckpowledge that CITY would not enter into this Agreement in the ;absence of CONSULTANT's commitment to indemnify, defend and protect CITY as set forth herein. Notwithstanding the foregoing, to the extent CONSULTANT's services are subj0,to Civil Code Simon 2782.8, the above indemnity shall be limited, to the extent requithd;by Civil Code Se,Lion 2782.8, to Claims that arise out of, pertain to, or relate to the ne igence, redness, or willful misconduct of the CONSULTANT. CONSUL ANTs oblation to indemnify shall not be restricted to insurance proceeds, if any, received:by the, iTY, its officials, officers, employees, agents or volunteers. 4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the,sole negligence or willful misconduct of the CITY. 4.3 CITY shall have the right to offset against the amount of any compensation due to 29 295 CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to either pay CITY promptly for any costs associated with CONSULTANT's obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT's failure to either (i) pay taxes .on amounts received pursuant to this Agreement, or(ii) comply with applicable workers' compensation laws. 4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY. and CITY's elected and appointed officials, officers, employees, agents, and volunteers 4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from.each and every sul?contractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the extent CONSULTANT fails toy obtain such indemnity obligations from others as required herein, CONSULTANT agrees::to be fully responsible and indemnify, hold harmless and`'defend CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs"or:expenses for any damage due to death or injury to any person and injury to any property .resulting from any,alleged intentional, reckless, negligent, or otherwise wrongful :acts, errors or omissions of CONSULTANT's subcontractors or any other person;or entity involved by,'for, with or on behalf of CONSULTANT in the performance of this Agreement Such costs and expenses shall include reasonable attorneys' fees incurred'by counsel-of CITY's choice. 4:6 CITY does not,and shall not Waive any rights that it may possess against CONSULTANTsbecause of the acceptance by-,CITY, or the deposit with CITY., of any insurance policy or pertifcate required pursuant to this Agreement. This hold harmless and indemnification provision shallapplynregardless of whether or not any insurance policies are determined to,be applicable to the claim, demand, damage, liability, loss, cost, or expense:.- 4.7 .This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at-fain/ or in equity. 4.8 WORK OF CONSULTANT'S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless asset forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a "design professional" within the meaning of subsection (c)(2) of Section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a "design professional." Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the City Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of the 30 296 negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT's officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, or with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the dray of CONSULTANT to indemnify, defend and hold harmless pursuant to this .ctIon includes the duty to defend as set forth in Section 2778 of the California v "`Code. CONSULTANT's obligation to indemnify applies unless it is finally adjudi►,-;;that the liability was caused by the sole active negligence or sole willful misconduc•44n.indemnified party. If it is finally adjudicated that liability is caused by the Co arativa 'ctive negligence or willful misconduct of an indemnified party, then CON ULTANT's ihigbhification obligation shall be reduced in proportion to the establi&ie t't omparative liabtj,� , A { 4.9 WORK OF ALL OTHER PERSONS/Nt ,DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of thistle, a to the fullest et permitted by law, CONSULTANT shall indemnify, defend and 1dlharmless the City lndemnitees from and against all liability, loss, damage, expen ;,cost (including without limitation reasonable attorneys'fees, a ;rttees and all other costs and fees of litigation)of every J nature to the extent caused , LTANT's 'n' gent performance under this Agreement, including but not njted' t ' the,negligent;`s, errors or omissions of CONSULTANT or CONSULTANT'e,officets;� , pioyees, agents, servants, contractors, subcontractors or s, bconsultants r the failure of tl same to comply with any of the duties, obligations o! �dards of .re s fth here ,the duty to indemnify, defend and hold harmless urri ,. #his subsection 'shall not encompass a duty to indemnity, defend or foldharmless 'liability, les ,; uit, damage, expense, or cost caused by the negligence llful misconduct of,ark*, all of the City Indemnitees. The duty to indemnify, defend'and,tipld tiatxless as*et forth under this subsection is intended to encompass liabilities;_ tosses, dam r ,es, expense and costs not otherwise subject to ApbeedtoriA2, aboVe. r P" • • yea. 7 , 4,1t) 'As to the dutie toandemhi under Sections 4.1 and 4.2 of this Article, above, CITY 'shall have the rig t to offsetVainst the amount of any compensation due CONSULTANT and ,this Agreement any amount due CITY from CONSULTANT as a result.of CONSULTANT's failure to pay CITY promptly any indemnification arising underth:is Article and°=related to CONSULTANT's failure to either: (i) pay taxes on amou'ilOapeiveallif,Suant to this Agreement, or (ii) comply with applicable workers's compensati ,Iaw , 4.11 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the obligations of CONSULTANT under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents and authorized volunteers. L 4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the 31 297 performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents and authorized volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from .any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved-by,-,,for, with or on behalf of CONSULTANT in the performance of this Agreement Such costs and expenses shall include reasonable attorneys' fees incurred by counsel.,of CITY's choice. 4.13 As to the duties to indemnify under Sectionse4 1 and 4.2 of this Article, above, CITY does not, and shall not, waive any rights that,.it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement: This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable:to the claim, deMandi damage, liability, loss, cost or expense. 4.14 As to the duties to indemnify underSections:4.1„and 4.2 Of this,Article, above, the duties to indemnify, defend and hold harmless as`set,forth,under this.Section, shall survive the early termination or normal expirationof this,Agreement,and shall be in addition to any other rights or remedies'which the CITY;may have at law, or in equity. V. TERMINATION 5.1 TERMINATION WITHOUT CAUSE CITY may immediately terminate this Agreement at any time for convenience and without cause by. giving prior written notice of CITY's intent to terminate this'Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated onty, for those: services and tasks which have been performed by 'CONSULTANT up'IC effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished<or unfinished Documents and Data, as defined in Section 6.1, below, and other of any kind prepared by CONSULTANT in connection with the performance oft-he Work. CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section. 5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT: A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement(or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of 32 298 default (hereinafter, "Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The .Event of Default will constitute a breach of this Agreement if the defaulting P _- . fails to cure the Event of Default within the applicable cure period or any a #ed cure period allowed under this Agreement. ;. , . • B. CONSULTANT will cure the Event of Defau�llt��'within the follower time periods: i. Within ten (10) business days of CIY'0 issuance of a Veult Notice for any failure of CONSULTANT tottely provide CITY or Cl 's.employees or agents with any information`;/or written reports, docun; fltation or work product which CONSULTANT-is obligpt` to provide to-' ITY or CITY's employees or agents underthie Ag e n ent. Prior to the e`Scpiration of the 10-day cure period, CONSULT NIJnay submit a written request for additional time ibure the Event"of. .efault upon a showing that CONSULTANT has-commenced efforts to•cu`fetthe Event of Default and that the Event of Defauirt car ., bo reasonably cured within the 10-day cure period. The for Ong nd the nding, .c.fty will be under no obligation to grant additioftel,time fort e dre,of art Event of Default under this Section:5.2B.i. that a dsf seven ("fib: radar days from the end of the initial 10-da l cure perio"O;. . ii. Wiithti -fourteen(`14) calendar`d ys of CITY's issuance of a Default Notice for any other Eventof Default wider this Agreement. Prior to the expiration of the 9 7,4e cure'perioi r,CONS;ULTANT may submit a written request ice,additio.ot time to cu e(tf Event of Default upon a showing that ONS;ULTA T has commenced efforts to cure the Event of Default and that t e :Event of d efault cannot be reasonably cured within the 14-day cure period. The-.foregoing notwithstanding, CITY will be under no obligatioh.to,grant additional time for the cure of an Event of Default under this Sect .4.213.11 that exceeds thirty (30) calendar days from the end of the initial day cure period. In addition too ny;other failure on the part of CONSULTANT to perform any duty, obligatio0, service or task set forth under this Agreement (or the failure to timely perform or°properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT's refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, 33 299 reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY's discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect. C. CITY will cure any Event of.Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT's issuance of a Default"Notice, unless the Event of Default cannot reasonably be cured within the 45-day-cure period.;,Prior to the expiration of the 45-day cure period, CITY may submit a written`request for'additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured_within the 45- day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY. D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT's performance under this Agreement pending CONSULTANT's cure of any Event of Default by giving CONSULTANT,written notice CITY's intent to suspend CONSULTANT's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice•at any time upon tleoccurence`of an-Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered;by.CONSULTANT to the reasonable satisfaction of CITY up to the effectiveedate of the suspension. No'actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or_4therwise restrict CITY's ability to suspend this Agreement as provided•herein E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver ,of any other or-subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily.given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise. F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder Will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies: i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part; ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance; iii. The CITY may proceed by appropriate court action to enforce the terms of the 34 300 Agreement to recover damages for CONSULTANT's breach of the Agreement or to terminate the Agreement; or iv. The CITY may exercise any other available and lawful right or remedy. CONSULTANT will be liable for all legal fees plus other costsAnd,expenses that CITY incurs upon a breach of this Agreement or in the CITY's exe.,r 'of its remedies under this Agreement. G. In the event CITY is in breach of this Agreement, CONSULTANTSsole remedy will be the suspension or termination of this Agreement and/or the recovytf any unpaid sums lawfully owed to CONSULTANT under this Agreeillent for completed: ervices and tasks. • � f 5.3 SCOPE OF WAIVER: No waiver of any dOtilt or breach under this Agr ement will constitute a waiver of any other default or rreach, wns r of the sar e; r other covenant, warranty, agreement, term, condition ;l',duty or requirement contairie'd in this Agreement. No waiver,,benefit, privilege, or service .6luntarily given or performed by a Party will give the other Party a contractual rights by Custom, estoppel, or otherwise. ,t F 5.4 SURVIVING ARTICLES, SECTIONS*ANC: PROVISIO `',The termination of this Agreement pursuant to any provision Of this Art` *or..by norm I expiration of its term or any extension thereto will not operate to ter** anyr,Article, Section or provision contained herein wt7 t;#ovides theft will stfoie the n ination or normal expiration of this Agreement- �. , w., f; C MISCELLANEOUS PROVISIONS \'a y h• s S`l 6.1 DOCUMENTS & DATA: LICENSINGFITELLECTUAL PROPERTY: All Documents ofitt,bata.wrll be.and remain the property of CITY without restriction or limitation upon • their use or disse natioh .by. CITY. For purposes of this Agreement, the term ,.-'Documents and Data°' meafik. d includes all reports, analyses, correspondence, plans, designs, note, summItias, strategies, charts, schedules, spreadsheets, calculations, lists, data Compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in'a y ngible 3ium of expression, including but not limited to Documents and Data stored aigitaII',um'ragnetically and/or electronically. This Agreement creates, at no cost to CITY,arpe_rpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement. 6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed 35 301 confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY. 6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False'Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section,12650 et seq. 6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:. CONSULTANT: CITY: INSERT CONSULTANT NAME City of Bell Gardens INSERT ADDRESS 7100 Garfield Avenue Bell.Gardens, CA 90201 Attn: INSERT PERSON O F Attn: INSERT DEPARTMENT CONTACT NAME Phone: 562-806-7700 Phone: INSERT PHONE NUMBER Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation,slip or when mailed, forty-eight(48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address. 6.5 COOPERATION:,FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement. 6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification. 6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT. 6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee 36 302 working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 6.9 TIME IS OF THE ESSENCE: Time is of the essence for eaChgrid every provision of this Agreement. ` .• 6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of Califor*••j the event of !illation between the Parties, venue, without exception, will be e`gLos Angeles County Superior Court of the State of California. If, and only if, appliin-.th ble law requires that all or part of any such litigation be tried exclusively in federal court;'enue,witho.0 , xception,will in a Central District of California located in the City of Los Arg aes,falifornia. 6.11 ATTORNEYS' FEES: If either Patti commences an'action against the other Party, legal, administrative or otherwise, aritrng out of or in cony n with this Agreement, the prevailing Party in such litigation iII bee. ltled to have'and recover from the losing Party reasonable attorneys' fees an call ot�r co ts.of such action. 6.12 SUCCESSORS AND ASSIGNS: This,Agreer entwiltbe bihding on the successors and assigns of the/Patties: ' -t-, ° • 6.13 NO THIRD-IiAY BENEFIT: There are\`nb intended third-party beneficiaries of any right or obligatio,assumed by the Parties.'Au. rights and benefits under this Agreement inure exclusively to i? roes 6.14/.00NSTRUCTON OF AGREEMENT: This Agreement will not be construed in favor of, or against, eitlierarty but*ill be construed as if the Parties prepared this Agreement :together through . process:° ;f'negotiation and with the advice of their respective ` Ifarneys. 6.15 SEVERABILITY: If ar y:portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by &,court of competent jurisdiction, the remaining provisions will continue ihfult.for eland effect. • 6.16 AMENDMENT'•MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid. 6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe 37 303 the scope, content, or intent of this Agreement. 6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control. 6.19 ENTIRE AGREEMENT:,This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings,whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, 'representations, or other agreements, whether oral or written, made by either Party that-is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding`unless in writing and-duly executed by the Parties pursuant to Section 6.16, above, e , 6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control ofCONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts_.of any governmental agency, including the CITY, if the CONSULTANT shall three (3) calendar'days of the commencement of such delay notify the City Representative;,in writing of the causes of the delay. The City Representative shall ascertain the facts-and the extent of delay, and extend the time for performing'theuservices for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination-shall be final and conclusive upon the parties to this Agreement. In no event shall -ONSULTA.NT..be entitled.to;recover damages against the CITY for any delay in the performance of this,Agreement, however caused, CONSULTANT's sole remedy being extension of the Agreement pursuant to this Section. 6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be`off equal force and effect. No handwritten or typewritten =amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts-will be retained by CITY. (SIGNATURES ON NEXT PAGE) 38 304 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement,.above. CITY OF BELL GARDENS CONSULTANT NAME: By: By: Name: Name: Title: Title: Date: Date: APPROVED AS TO FORM: By: Stephanie Vasquez, City Attorney 39 305 EXHIBIT "A" CITY RFP 306 EXHIBIT "B" CONSULTANT PROPOSAL 41 307 EXHIBIT "C" FEE SCHEDULE 42 308 EXHIBIT "B" CONSULTANT PROPOSAL 20 309 . k .. .. , ' Pi-- ...'.00'3• '' '' .... 41,‘ 71111, . .-- . „„ ai„„.. ,,,..., -sairammi, : • ,. -- , 4. : ). L.,. • I..7 , f • * , e f • - ..-,,,, clIT ot A 4;14, .....„=, .....:,,, . ..4 , ...... , ... ..,_ 1.' ''.•:, 4,lt .< irk,','' ;.4....."..1.1011,-•- . 4. • •. *"4' '"•;08,888/16" ''.1,,,b4.04''.,4s '- * -',. '''''‘.4 ' . ' * *.. • 4.40, '' i7,,,a,r"r ' ': '-,::, ;-**•:* f t: - '''','"-. ;.7 r„,,,,„:7 ''''''. „,',; , .7.. :. , 4i.: , ' . , ..". N -II - . ..,. _ -7,..77.' 4444f - t ' ' 4 -M. ' ''"- - '' ' 4 -•Sow . ohopam-61-"',-"..P. -* --.- -,........., --- 1441.--`••. ..01.' ,......ti.,54, 4= .4 - .V :. pi4,-..' . .`t •$ '.)-,'...' w,'7..i.;'.714" '.;i4-*Of..7' ...- A . ..., ..., .. . ... ..„ , • I ... City of ,; eII Gardens Solid Waste Consulting Services Proposal _ . „„...._, - . -, .-.• i - , '..,,,,..-. , ... ,.... , ,,,,..: -7- -4„it," 1. -...• - , ,..(,,,,.., ,-,„•ti. ' ', - it• ., s, -:;„,- ---., ./.., za-s, .. -_ 4. --...,--- y...,,,,w .0), . 4-4- , .--*'40,r • "-. - . i. . .11, ,......".. .a.•,..._ ., - , . ' 511 V.I•te'"**. .. ' .-. . ''' - - 11 '4.: . -7 . ' ' -..1''' ...„. .- -,, , 71 AL .. ... .er••-:VI. V lb.— • , i . --. • ,'-e- -4 '...."V.X'''.«,:.11' : ' 1 41 ' .. : ‘.° - ' -'''''''' *" . ' ,..,. - .,. , .. :...:,,,.', ..,„ A.m..' - -^Tr' . ...-,-...:- - - t,.,,....,_.---.4---- '',_--7,--- -- IJ.- 7, --,..... - ..-----...--i .._ ____--- - ._ . — 4+, . _ - .... -------: - _i_.-........ :-.'ailli —_ . _ .... ...... '''.' •,....a. ... • ,' ' . 'i i—,.r...,"i,:;, -..,.':'.4;.:1",..i.,i,',..,t4iF'};;,, , ''..„,;!:,i.4., n. ..,i'.'-,.:;;;:i;.r'3;.i.:. ''''ti. ''''.24 :4';',q,:',:rfik ..Fi'2? ,...,. .'''.-4_,I.I.:::„4.-1,f',"*,f:,:;,444,I.',',)----'"", "-- 1,---,,a-Tt It ..........•...■•=,,k....kk............t.kkdkr Ww , -,,,,........- .... ' -V p7, r... . . • ,.,, ,. . _ ,,,,, ....,:x 4„, 1. k .' . - - , 4, May 9, 2024 il! v • --...-............ — •-- - ,e, ... • . . — .. ba. i _--- - This page intentionally left blank 311 HRH CONSULT-ANTS LLC $Ver45::_. . Managing Tomorrow's Resources Today 2081 Business Center,Suite 265 Southern California Irvine,California 92612 www.hfh-consuttants.com Telephone:925/977-6950 May 9,2024 Bernardo Iniguez Director of Public Works/Facilities City of Bell Gardens 8327 Garfield Avenue Bell Gardens,CA 90201 Subject: Request for Proposal to Provide Solid Waste Consulting Services Dear Bernardo lniguez, HF&H Consultants, LLC (HF&H) is pleased to submit this proposal to the City of Bell Gardens (City) to provide solid waste consulting services. HF&H has a long history of successfully providing high-quality consulting services and tailored solutions to jurisdictions throughout California since 1989. We are particularly proud of the partnership we have developed with the City over the last 12 years as the City's solid waste consultant. Our tenure with the City has included engagements such as solid waste contract management, contract negotiation assistance for exclusive residential and non-exclusive commercial franchise agreements,and SB 1383 implementation and ordinance development support. Our proposal is based on providing the City key qualifications listed below that set HF&H apart from our competitors and provide a strong foundation for effective contract management practices specifically customized for local agencies. 1. We are an industry recognized thought-leader in environmental strategic planning,goal setting, policy development, and program implementation. Clients of HF&H receive innovative and pragmatic solid waste and recycling plans that have been developed with decades worth of diverse experience.Our pioneer role in the zero-waste planning field,assisting communities such as the cities of San Diego,Santa Monica, and Oceanside, and the County of San Diego, has provided us with an\unmatched menu of services and programs, as well as unrivaled implementation experience.This range of experience allows us to develop both short and long-term goals that meet the specific needs of our clients,while maintaining a realistic understanding of the impacts on client costs and diversion. 2. HF&H is regarded as the industry expert for SB 1383 compliance. Since developing model tools for CalRecycle in 2019, HF&H has continued to support jurisdictions and other regulated entities across the state with implementing programs and policies to reach compliance with SB 1383 regulations.In total, HF&H has worked with over 90 communities throughout California, representing over 10 million residents, continuously adapting compliance to fit a variety of real-world conditions. Our range of experience supporting California jurisdictions with SB 1383 includes,but is not limited to,corrective action • plan (CAP) assistance, contract management compliance, strategic planning, cost modeling, sole source and competitive procurements,ordinance development,and engagement in the regulatory process. 312 HRH CONSULTANTS .I.T ';: w. _ ..,._. Managing Tomorrow's Resources Today Bernardo Iniguez May 9,2024 Page 2 of 2 3. We identify the individual needs of our clients. At HF&H we partner with key stakeholders, including City Council, City staff, residents, and other applicable parties, to set measurable, achievable goals.The purpose of these goals is to meet the specific needs of the community and achieve regulatory compliance while minimizing the financial impact on ratepayers. Again, our experience has helped us develop a vast array of facilitation methods,including online surveys,webinars, live streams,and council workshops.HF&H staff includes SWANA and CRRA certified zero waste instructors. 4. HF&H does not provide solid waste consulting services to waste haulers. HF&H provides consulting services to municipalities for the better interest of our clients and to avoid potential conflicts of interest that may arise in firms that attempt to serve public agencies and haulers. Additionally, our municipal focus ensures that we are aware of the unique requirements of public officials. HF&H has no financial, business, or other relationship with the City that may have an impact upon the outcome of the Agreement. Thank you for considering our proposal. We look forward to continuing our partnership with the City. Please do not hesitate to contact us if you have any questions or if you require any additional information. * * * * * Sincerely, HF&H CONSULTANTS,LLC Laith B. Ezzet,CMC Senior Vice President 313 ,,, - City of Bell Gardens Mission Statement k .. ,'.:',N 0.;:t'..i•`: 14444':<,.L.' -7,...! 4 To maintain a safe and healthy environment for its .„.......‘1,,,, residents and visitors,the City of Bell Gardens provides •-1 "i-v for the highest quality of life through professional „.* ..a engineering, maintenance and operation service for City 1 facilities, infrastructure, public streets and City parks. NM ,c - ---- - --- ' -:- , - - - -, -1,---- ., .„4. - .-,--. m .... --o&,.%,_ 4°...~. --1- ----.4. CONTENTS SECTION 1: METHODOLOGY 3 Background 3 Task 1: Legislative Assistance and Compliance Support 3 Task 2: Contract Monitoring and Franchise Management 4 Task 3: Mandatory Commercial Recycling, Organics Regulation, and SB 1383 Assistance 6 Task 4: Annual Reporting Services 7 Task 5: Other Solid Waste Related Tasks 8 Optional Tasks 8 SECTION 2: MANAGEMENT AND STAFFING 11 SECTION 3: MINIMUM QUALIFICATIONS AND PRIOR RELATED EXPERIENCE 21 Firm Background 21 The HF&H Difference 21 Strength Through Experience 22 Broad Range of Experience- Practice Areas 22 HF&H's Proprietary Government Agency Program Information Database 24 Systematic Approach to Project Management and Quality Assurance 25 Prior Related Experience 26 SECTION 4: COST AND PRICING 33 Hourly Rates 36 Direct Expenses 36 Billing Policies 36 Insurance 37 Invoices and Payment for Services 37 May 9, 2024 1 Page i 0 314 SECTION 5: ADDITIONS OR EXCEPTIONS 41 SECTION 6: PENDING LITIGATION 45 PROPOSAL APPENDICES A. Resumes B. References C. Acknowledgement of City's Standard Form of Agreement D. Proof of Insurance E. Letters of Reference F. Acceptance of Addenda Hl H May 9, 2024 I Page Ii . 315 N., tr• ft.1\,:11,1 ti; ,Ictis, . .. f` '; .,,,,, . ,,,,,,e.:‘, . .- .... . . . . . . . .. „ , .. ,.... 411) HF H ! 3 ,r e y n`$ K v.w� h .. T 7 ;' § ;. n �, l 'if # y v ° k' � '�' �. •!�' ,�.,# u f- � eta m- t ,�� 1x.�"'e .�.,. t t '1^ ". a ° ° °,° sts°l' �✓ O 1��`kt"a" — °}` ^ i,^ °fg� S y �': fi .'1 .f ; 4 v.:, rTq -`�` .` ' 1.??,---- .." , n ,. M", i x '''.,x+r ; .S . 6`•: ��` ,�?, . • ti • f+ bli �r .yam a .,:, • 1 r tfC �h ° Background The City maintains an exclusive franchise agreement for residential solid waste collection with Athens Services(Athens).The exclusive residential agreement went into effect in 2008 and has an annually renewing 15-yearterm.In 2021,HF&H assisted the Critywith amending the agreement to include SB 1383 regulatory requirements like separate organic waste collection and recovered organic waste procurement,which went into effect June 2022. The City currently has non-exclusive franchise agreements for commercial solid waste collection services with six haulers. HF&H assisted the City with updating the commercial non-exclusive agreements for compliance with SB 1383, which included prescriptive education and reporting requirements, food recovery assistance, contamination monitoring, and other program enhancements. The updated non-exclusive commercial agreement has a five-year term that went into effect January 2022. Franchise management is one of HF&H's core practice areas. We offer awell-established ` methodology to ensure that the City's solid waste programs and franchise agreements meet the expectations of the City's stakeholders. Our approach to engagement management involves partnering with City staff to clearly define the City's goals and then addressing strategies to realize them. HF&H's Project Director and Project Manager then , , prepare detailed workplans, by task and subtask,and delegate specific staff and budgeted resources.Throughout the project,we remain in communication with City staff to confirm the project's direction and the validity of our findings. The Project Director and Project Manager are involved with every work product, ensuring the quality of our work and its relevance to the City's needs. Task 1: Legislative Assistance and Compliance Support HF&H will maintain communication with the City's CalRecycle representatives to ensure the City's ongoing compliance with environmental legislation,which may include SB 1383, ° _ ^ AB 939,AB 341,AB 1826,AB 827,AB 2176, and CalGreen. For documentation and reports that may be needed for residential and commercial programs, HF&H will confirm the level of support the City needs and will operate within the budgetary limitations. HF&H will also track significant solid waste legislation, regulations, and CalRecycle policy ° decisions pertinent to the City and provide legislative and regulatory updates verbally at May 9, 2024 I Page 3 318 meetings with City staff. These activities may include attending regularly scheduled workshops held by CalRecycle and meetings held by the Los Angeles Integrated Waste Management Task Force and the Los Angeles Regional Agency(LARA).Additionally, HF&H provides informative legislative updates related to solid waste,recycling,circular economy, and sustainability bills that may impact local agencies via email and HF&H's website. Verify Exclusive Hauler's Annual Rate Adjustment Request HF&H has performed the City's exclusive residential annual rate adjustment review for the last 12 years and has identified unapproved ancillary charges and minor rate adjustment calculation errors that have been included in the requests.The majority of rate adjustment calculation errors that HF&H finds during our reviews are clerical or a misunderstanding of the rate adjustment methodology. Compounded annually, even small errors in the calculation of customer solid waste rates can potentially have a long-lasting effect. HF&H will continue to review the accuracy of Athens' rate increase request calculations in accordance with the allowable annual increase in the amended franchise agreement, document recommended adjustments to the submittal(if applicable),and provide a report to the City that describes our findings.Additionally, HF&H will coordinate with the City to ensure timelines are followed to provide notice to Athens and establish new rates effective July 1 annually. Organic Waste and Edible Food Recovery Capacity Planning Reporting (Year 5—FY 2028- Article 11 of SB 1383 outlines organic waste recycling capacity planning requirements, which consists of identifying existing or planned infrastructure for organic waste recycling and edible food recovery for maximum recovery.This data is reported to CalRecycle by Los Angeles County(County), in coordination with local agencies,on a five-year cycle. HF&H is assisting the City with the current Capacity Planning Report (period covering January 1, 2025 through December 31,2034)due on August 1,2024. During FY 2028-29(Year 5 of the contract term), HF&H has appropriately allocated additional task hours and budget to complete the next Capacity Planning Report (period covering January 1, 2030 through December 31,2039)due on August 1,2029. The County may request organic waste and edible food recovery data from the City outside of the reporting period established in Article 11 of SB 1383. HF&H will annually review the franchisee and/or City-provided Tier 1 and Tier 2 Edible Food Generators (EFG), Food Recovery Organizations (FRO), and Food Recovery Service Providers (FRS) lists to ensure updated data is submitted to the County, if requested. HF&H will also assist the City in using CalRecycle organic waste and edible food recovery capacity planning tools to provide the requested information to the County.This task may be included in the performance of Task 3 through SB 1383 Assistance. Task 2: Cortr-Act Monitoring and Franchise Management HF&H has developed contract management monitoring tools and mechanisms to ensure that the City's solid waste franchise agreements are implemented successfully, and that the City obtains the full value of the services for which it has contracted.HF&H will perform the contract monitoring and franchise management activities described below. Exclusive Solid Waste Monitoring and Management • Conduct a quarterly desktop review of tonnage reports to ensure contract compliance and identify unusual trends • Request clarification or reporting adjustments from Athens,if needed May 9, 2024 I Page 4 • Track monthly, quarterly, and annual report submittals to ensure timely receipt of reports required in the franchise agreement • Monitor Athens' compliance with SB 1383 with regards to route reviews, recovered organic waste procurement, and public education and outreach requirements on a monthly basis through Athens'SB 1383 Dashboard platform • Review Athens' quarterly waste characterization submittals to ensure compliance with High Diversion Organic Waste Processing Facility requirements of SB 1383 for the City's existing two-container collection service • Discuss pertinent solid waste issues, present findings, and review general contract compliance • Host virtual quarterly meetings with City staff and Athens personnel four times per year,on a quarterly basis Non-Exclusive Solid Waste Monitoring and Management HF&H will conduct a monthly desktop review of tonnage and franchise fee reports to ensure timely submittal and will request clarification from haulers, if needed. HF&H's Excel-based reporting program tracks and analyzes the monthly, quarterly, and annual reports submitted by non-exclusive commercial haulers.Through the use of this program, HF&H will: • Identify potential irregularities and/or trends of the data submitted by each hauler • Review and track mandatory commercial recycling and organic waste program participation levels in alignment with AB 341,AB 1826,and SB 1383 • Track the general progress of and franchisees'outreach efforts regarding AB 939,AB 341,AB 1826,and SB 1383 compliance • On a quarterly basis, review container contamination minimization compliance with SB 1383 to identify additional diversion opportunities and make recommendations for haulers'education outreach efforts • Monitor implementation plan progress and track diversion targets on a quarterly basis HF&H will host a virtual annual meeting with City staff and all non-exclusive commercial haulers highlighting one key topic for discussion,which will be identified in collaboration with the City.These tasks may be included in the performance of Task 3 through SB 1383 Assistance. Residential Proposition 218 Assistance (Year 3—FY 2026-27) In 2022, the City conducted negotiations and amended their residential franchise agreement with Athens to include SB 1383 services,which included separate organic waste collection processing, container contamination monitoring, container labeling, public education and outreach, recovered organic waste procurement,compliance with SB 1383 processing facility requirements, and recordkeeping and reporting. The added services resulted in a cost increase and triggered a Proposition 218 process for the proposed rate adjustment. Following the five-year cycle, HF&H has allocated additional time and budget to support the City in Year 3 (FY 2026-27) to ensure the rates and methodology are effective September 1,2027. May 9, 2024 I Page 5 320 Task 3: Mandatory Commercial Recycling, Organics Regulation, and 813 1383 Assistance Public Education and Outreach Public education is important to ensuring the success of the City's diversion programs.The City's residential exclusive and commercial non-exclusive franchise agreements contain specific public education and outreach requirements. HF&H will: • Review information provided by haulers to confirm that their educational material encourages participation in source separated recyclable and organics collection programs • Monitor and track the quantity and quality of public education pieces prepared by all haulers • Develop annual notification letters for Tier 1 and Tier 2 EFG, FRO, and FRS for review by the City. This information will be distributed by the City based on the lists provided by the non-exclusive commercial haulers • Upon request, draft language for one educational piece focusing on a topic approved by the City tailored specifically for the residential and commercial sector per calendar year Technical Assistance and Compliance Notifications Since 2012, HF&H has had the unique perspective of the City's technical assistance and compliance notification and correspondence needs taking into consideration the different challenges associated with City's exclusive residential and non-exclusive commercial franchise agreements. HF&H understands these challenges and will assist the City with providing ongoing training and support regarding the implementation, evaluation, and enforcement of the various SB 1383 requirements,programs,and services.To achieve this task,HF&H will: • Provide technical assistance to each non-exclusive hauler via email and/or phone call on a monthly basis(not to exceed 45 minutes per hauler), if needed • Draft compliance notification and/or correspondence for the City's review within budget limitations(includes two revisions) • Coordinate with the City notification procedures, City review of items, and distribution timelines (includes two reminder outreach attempts to the City via email and/or phone call) • Develop and/or update forms for compliance reporting within budget limitations, if needed Monthly Franchise Management Meetings(Exclusive Residential) HF&H will host virtual monthly meetings with City staff and Athens to monitor Athens' compliance with contractual requirements, discuss the success of recycling programs and plans to improve waste diversion,and monitor the City's overall regulatory compliance in areas covered by the residential franchise agreement.To complete this task, HF&H will: • Review program participation levels, Athens' public education and outreach materials, and discuss reporting findings and recovered organic waste procurement progress May 9, 2024 I Page 6 • Review trends in residential (and multi-family properties with five units or less) curbside recycling and organics diversion • Provide legislative and regulatory updates and discuss significant items SB 1383 Procurement Analysis SB 1383 requires jurisdictions to annually procure a quantity of recovered organic waste products (ROWP) effective January 1, 2022.The quantity is calculated by multiplying the per capita procurement target by the City's population (0.08 ROWP tons x 42,233=3,379 ROWP tons). Due to AB 1985's phased in SB 1383 organic waste procurement requirements, the City's 2024 procurement target is 2,196 ROWP tons (65% of the City's annual ROWP target). The City's exclusive residential franchise agreement with Athens outlines the annual procurement requirement avenues available for Athens to procure ROWP on behalf of the City to meet the City's annual requirement. To assist the City's compliance with SB 1383, HF&H will monitor progress towards the City's ROWP annual target on a quarterly basis. SB 1383 Enforcement Plan (Year 1—FY 2024-25) Article 14 of SB 1383 outlines a jurisdiction's enforcement responsibilities effective January 1,2024.SB 1383 is prescriptive in that a jurisdiction must keep records of and issue a Notice of Violation to parties who are non-compliant with SB 1383.HF&H has allocated additional hours and budget to complete this task in Year 1,which include the below activities: • Discuss best management practices to assist the City with developing a framework and procedures consistent with the City's Municipal Code during a two-hour meeting session • Customize a model enforcement plan for the City's review • Draft and update SB 1383 enforcement work products(includes one round of review): o Enforcement Education Letter o Enforcement Warning Letter o Notice of Violation o Citation/Administrative Order o Compliance Review/Follow-up letter Task 4: Annual Reporting Services HF&H will prepare the City's Electronic Annual Report(EAR)due to CalRecycle annually by August 1, which will include documentation of diversion program activities conducted throughout the previous calendar year, as well as calculation of compliance with AB 939, AB 341,AB 1826,and SB 1383 diversion mandates.Additional tasks that may be performed to ensure the City meets this annual reporting requirement include: • Providing communication assistance with responding to questions and inquiries from • CalRecycle including attending virtual meetings with CalRecycle staff • Creating a request for information for the City and the exclusive and non-exclusive haulers to streamline the data collection process • Assisting the City with identifying SB 1383-related data needed from other City Departments for inclusion in the EAR • Reviewing all data and tonnage reports for accuracy and as needed,connecting with haulers regarding data and outreach materials received for consistency with state mandates May 9, 2024 I Page 7 322 SB 1383 Jurisdiction Review Support(Year 2—FY 2025-26) Article 15 of SB 1383 outlines enforcement oversight provisions whereby CalRecycle evaluates a jurisdiction's compliance with SB 1383 requirements. HF&H will assist the City with preparing for a jurisdiction review and upon request,will also attend virtual meetings with CalRecycle. Note that HF&H has identified for this task to occur in Year 2, however,it may be reallocated to another year within the contract term. In preparation, HF&H will assist the City with developing their Implementation Record by performing the below tasks so that it may be provided to CalRecycle within 10 business days of request: • Prepare an outline of data needed for the Implementation Record • Provide a list of Implementation Record items included in current exclusive residential and non-exclusive commercial reporting including file locations • Present an example file folder structure to the City of how to organize Implementation Record data • Advise on best management practices in monitoring and recordkeeping Task 5: Other Solid Waste Related Tasks HF&H will assist with various waste management-related inquiries and miscellaneous tasks that arise from time to time within the budgetary limitations.These tasks may include: • General solid waste and recycling program analysis • Assistance with contract management and compliance items • Guidance on the enhancement of current or development of new programs to meet state requirements based on new legislation Optional Tasks The solid waste consulting services requested in the RFP are not inclusive of all items and/or services that may be needed for full compliance with SB 1383.Additionally,due to the nature of franchise agreement negotiation assistance and contract compliance audits, further discussion and the development of a tailored scope to clearly identify the services the City is looking to receive is required. Should the City decide to move forward with any of the services listed below, HF&H will meet and confer with the City to identify the scope of work to be performed and associated budget prior to implementation. Please refer to the table below that includes HF&H's recommendations regarding the implementation timeline for each task. • Optional Tasks for Contract Term t(Years'1-:5) Recommended Implementation_ OT 1 Implementation Record Assistance Year 1 OT 2 .Residential Franchise Agreement Assistance To be determined OT 3 Commercial Franchise Agreement Assistance Year OT 4 Edible Food Recovery Support Years 1-5 ,OT 5 Contract:Compliance Audit , Year 3 or Year 4 OT 6 Gap Analysis Year 3 or Year 4 May 9, 2024 J Page 8 ----, 9 { 1 Section 2 : Management and St ,_ { , 4 , __......„_..... _, ,......„, . . ., .. , ii.c.,, b ,, ,,, . . vAb ,... \\ , ..., „.. ..„ , , .., ,. ,... „.,,, ,„„,,. ... „, ....... 4.010 . ,,,,,..„,...,..:,,,iR„. .„,... . viosokt. . . ..„....;_,___. ...,:., ... , Ake, . .. Y • , 0 , -,.;" . - •* - 1 t "4 °- ` if`' 4, "4110. 110 a"sir- 1.r"7 i •V . ;''-' � r. & R.I 'r . lti • ialli4 �vt�+r,. 1 4.. ►' , �:v , 324 g 33 • t ' g`e . ° ec K . 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' 4-}'... '.irk i� st3'.*z:xtrj� n�,`tp gi D r 'E .4,, "„ ,i. �'W4 - y a 4 ' • ' z g Laith B. Ezzet, CMC Project Director • 1, 7i :' A Certified Management Consultant, Laith Ezzet has over 30 years of experience as an tWr "„ri"? �r= ° -�. economist and solid waste consultant. As Senior Vice President of HF&H, he has assisted �; x ' �' over 100 public agencies to plan, implement, and monitor their solid waste collection, pft4 recycling, � � ,. ,, y g, and disposal programs to achieve compliance with CalRecycle regulations, �''"'• � yy -" A � k including AB 939,AB 341,AB 1826,and SB 1383. During the course of these engagements, • a- '..:,,,- , 'N x �.t h -4 he has presented to or participated in more than 200 public workshops and public 'r}?x ' ;-4 meetings for City Councils, Boards of Supervisors, and citizens' advisory groups. He has -• -x assisted public agencies to obtain solid waste agreements and/or waste flow agreements • '` '. i- through competitive procurements and exclusive negotiations valued at more than two • 7' ; 44 '= ",,. billion dollars. Laith is a past member of the Board of Directors of the California Resource �ra : % '' �. Recovery Association, and for over 20 years has served as a Director of the Southern • " California Founding Chapter of the Solid Waste Association of North America. '" � '. Diversion Programs and Contract Management 1"--007444 ` ° ' 4 Laith has helped more than 50public agencies monitor and evaluate their recycling and �, - � P g y g ".. �,` " . waste diversion program requirements in order to comply with state waste diversion goals, J . ' - ,, ;i: and negotiated revised franchise agreement terms to enhance recycling and waste 41 ', b ` diversion programs offered in those communities. He has assisted cities to develop waste - -• r''$y '" '' fir .,. " , '� .' - b ,, and recycling tonnage reporting formats and related auditing requirements for both �'iis ; exclusive franchise agreements and non-exclusive service arrangements. He assisted the • Yz .x City of Los Angeles in evaluating the feasibility of achieving its 70%diversion plan. He has WA r { , assisted agencies to manage their solid waste collection and recycling contracts, and/or • -. � ' .. manage compliance with CalRecycle SB 1383 requirements, including the Cities of El ` ., Monte, Garden Grove, Huntington Park, Inglewood, Irvine, Lawndale,La Quinta, Newport • ' � , ' Beach, Palm Desert,Yorba Linda,.and others. He has assisted numerous agencies to plan, `' 4 ' ` - identify SB 1383 program gaps, negotiate and/or evaluate organics recycling programs to �`� .W comply with AB 1826 and/or SB 1383, including the Cities of Anaheim, Aliso Viejo, Brea, • 4 _ `-4 Fullerton, Garden Grove, Huntington Beach, Inglewood, Lawndale, Norwalk, Palm Desert ' r ' ,. �� t May 9,2024 j Page 11 326 ,.,,,:i'r,'€n. PlJ.":y(ig ,t r v4 is S' Palmdale, Placentia, Santa Ana, Seal Beach, South Gate, Yorba Linda, Whittier, and the Counties of Santa Barbara and San Bernardino. • Procurement and Contract Negotiations Laith has managed numerous procurement engagements for solid waste services ° rr contracts, including RFP preparation, proposal evaluation, and negotiation support °c •• ms� • Examples of clients for whom he has helped to obtain new solid waste services contracts „ q.' � include the Cities of Alhambra, Anaheim, Beverly Hills, Bellflower, Cerritos, Dana Point, ..� Diamond Bar, El Centro, Hermosa Beach, Huntington Park, Imperial Beach, Indian Wells, °` Inglewood, Lake Forest,Lawndale,Long Beach, Manhattan Beach, Mission Viejo,Newport Beach, Norwalk,Orange,Palm Desert, Palmdale,Pico Rivera,Rancho Palos Verdes, Rancho Cucamonga,Rancho Santa Margarita, Redondo Beach, Riverside,Santa Ana,Santa Clarita, South Gate,Tustin,West Hollywood,and Whittier,as well as the Counties of Orange,San Bernardino,and Santa Barbara.He managed the procurement of a new solid waste system operator for San Bernardino County's landfills and transfer stations.He has assisted public agencies to secure solid waste agreements with a total value in excess of two billion dollars, : ';: "'� _ • v including competitive procurements, renegotiation of existing contracts, and waste flow ;'• agreements.The competitive solid waste collection procurements managed by Laith have • a total value over one billion dollars, and he has saved public agencies more than 200 ' million dollars, with some agencies saving up to 40%. He assisted the Orange County.City .. Managers'Solid Waste Working Group negotiate 10-year waste disposal agreements with ' the County of Orange. He authored a paper entitled "How Much Can You Save Through Competitive Proposals?" that was presented at the Solid Waste Association of North America's (SWANA) Western Regional Symposium. In October 2022 he led a seminar for . the American Public Works Association titled "Best Practices for Solid Waste Contracting." • w e ,`• ., ' • Solid Waste Rate Studies and Audits • • Laith has provided expert solid waste advice over 70 cities and counties In the areas of rate ; analysis, cost of service studies, program planning and funding, and negotiation of solid waste rates.Examples of clients whom he has assisted with fee audits,performance audits, contract compliance audits, and solid waste rate analysis of both existing and proposed ° , services, include the Cities of Anaheim, Arcadia, Bellflower, Beverly Hills, Burbank, Chandler,Covina, Dana Point, Downey, El Monte, Fullerton,Garden Grove, :rW Glendale, Hermosa Beach, Hesperia, Indian Wells, Indio, Inglewood, La Palma, Laguna • �� ° Beach, Laguna Niguel, Long Beach, Monterey Park, Moreno Valley, Orange, Palm Springs, �' :- Pasadena, Placentia, Pomona, Redondo Beach, San Bernardino, San Clemente, San Juan • ;` • Capistrano, Santa Clarita,Santa Monica,Seal Beach,Torrance,Whittier,Yorba Linda, and others. During the course of these and other engagements,Laith has directed the auditing of financial and operating records at approximately 100 solid waste companies throughout Southern California. Surveys • Laith is intimately familiar with solid waste rates and service arrangements in Southern California, having surveyed over 200 jurisdictions in the region. He directed a survey of 1,:¢ solid waste rates and services in the 100 largest U.S. cities, the results of which were • published in several industry journals. He completed a study, sponsored by SWANA, of solid waste services provided by the 100 largest municipal service providers of collection and disposal services in North America. Education and Professional Credentials A.B.,Economics,Occidental College M.B.A.,Tuck School of Business Administration at Dartmouth College 4� May 9, 2024 I Page 12 a 4 g Certified Management Consultant, Institute of Management Consultants USA a ,. .� g Karla Del Rosario Project Manager ' Karla Del Rosario is a Senior Associate with HF&H and has eight years of experience in solid ,. '4 waste and recycling contract compliance, reporting, and successful diversion successful 7 � A " .,t diversion program development and implementation. Karla currently assists with �t '� ":tom. ° . ' �� ,,�'��.� monitoring contract compliance with franchise agreements(collection service, reporting,14 3 . . s fee payments, rate structure, diversion performance, etc.), strategic legislative planning, ' '' effective program development,and hauler transition assistance. ' ' . ` - ' Prior to her tenure at HF&H,Karla served as a Senior Environmental Specialist with the City ` - r of Oceanside, where she synthesized data and results to aid city management pursue , , ,p " `, .' effective solid waste and recycling projects and goals, in addition to performing quality ' t control reviews to improve data tracking and identify areas of concern. Karla also assisted : p ;,' in expanding litter abatement resources and improved re-use and donation opportunities £Y ' $ ',. through a cleanup campaign in collaboration with various city departments,the franchise , E ' " hauler,and local organizations. ti m 4 • ** While at CR&R Incorporated,Karla served as a key facilitator during the re-negotiation and .� ' a development of a new solid waste and recycling agreement for the City of Laguna Niguel. She coordinated the roll out of the city's residential organics recycling program in 2019, which included the development of a how-to recycle food scraps video. In addition to developing strategic partnerships with local leaders and civic groups, Karla also organized f eaa � . various stream and sector specific waste characterizations to monitor contamination levels ` ' • m, and tracked nearly 100%AB 341 and AB 1826 compliance city-wide. 1� ' � : ngx :17.4.1,4 41:14:,,J::,f. Ooing Contract Management/Solid Waste Consulting Services Karla provides on-going contract management and solid waste consulting services to f`) 4 °: several cities in Southern California including the cities of Bell Gardens, Gardena, South Gate,and Santa Ana.The scope of work for these engagements includes profiling the cities' solid waste franchise agreements) and municipal code in order to ensure hauler F compliance with all service, reporting, fee payment, rate structure, performance, and k.` _ public education and outreach requirements.She meets with city staff and the haulers on ' _ a regular basis to review ongoing contractor compliance, monitor program diversion * , ' 1. performance, assist in the development of effective public education and outreach . " X . .. ' campaigns,and provide expertise in new diversion program development. b • , . • Solid Waste Legislative Compliance 4, " Karla has assisted clients in preparing for the mandatory recycling regulations included in AB 939, AB 341, AB 1826, and SB 1383. This assistance has included reviewing and M - monitoring commercial refuse and recycling service level data from the cities' haulers, % `r "i verifying the number of accounts covered under the regulations, calculating the current level of compliance and appropriate recycling service fees, and reviewing and developing '. ` . public education and outreach materials. Currently, she works with the cities of Bell may Gardens, Gardena, South Gate, and Santa Ana.with tracking and implementation of x rill recycling and organics recycling programs for businesses and multi-family complexes, in ' ; '' addition to annually assisting cities in the completion or review of their CalRecycle EAR. * Education and Professional Credentials ,v l +y kqt p • :4"4 1 s , :,v' � f ��� B.A., Environmental Studies,University of California,Santa Cruz � CRRA/SWANA Zero Waste Principle and Practices Certification ` z» a . "' 1. # a May 9, 2024 I Page 13 ° c €, 328 Jake Kaihewalu Senior Associate : . :�" q't pr RFZd`l�m,p e4k x` Jake Kaihewalu is a Senior Associate with HF&H and brings to the firm two years of °° experience in solid waste and recycling services related to contract compliance,technical and state reporting, public education and outreach, data analytics, and program development and implementation. He currently assists with ongoing contract management and monitoring, CalRecycle annual reporting and report template "� ,,; " � development, legislative compliance (including SB 1383 program development and implementation),and rate analysis projects. Prior to his tenure at HF&H,Jake served as a Sustainability Lead at CR&R Environmental ` Services, where he served as a contract manager for several solid waste agreements I� =:° a , .. - throughout the Los Angeles and Orange County areas. At CR&R, he focused on ir implementation of successful automatic enrollment programs to achieve SB 1383 compliance while preparing the data and communication infrastructure necessary for , successful container distribution to customers.Jake also created internal tracking tools to ,1tip facilitate company-wide inventory monitoring to achieve compliance with SB 1383 �.. requirements. "� Ongoing Contract Management/Solid Waste Consulting Services Jake provides on-going contract management and solid waste consulting services to y. °, .gym. several cities in Southern California including the cities of Anaheim, Bell Gardens, Garden . ` Grove, Irvine, and Yorba Linda. Jake has the unique experience of managing over 20 commercial haulers under various non-exclusive franchise agreements for his clients to ensure hauler compliance with all service, reporting, fee payment, rate structure, , performance, and public education and outreach requirements. He prepares summary . gip: _p. . a " analysis documents using hauler report data and meets with City staff on a regular basis to a review ongoing contractor compliance, monitor program diversion performance, and provide guidance on improving diversion program results. Solid Waste Legislative Compliance ° " gym_ � �b Jake has assisted clients in preparing for the mandatory recycling regulations included in e, Assembly Bills 939, 341, 1826, and Senate Bill 1383. This assistance has included recordkeeping tool development such as hauler report templates,SB 1383 Implementation Record monitoring tools,and AB 341,AB 1826,and SB 1383 generator compliance tracking '; ; . reports. Currently, he works with the cities of Anaheim, Bell Gardens, Garden Grove, and .°: Irvine with tracking and implementation of recycling and organics recycling programs for :' businesses and multi-family complexes, in addition to annually assisting cities in the completion or review of their CalRecycle EAR. s t Education E B.S.,Statistics and Data Science, University of California,Santa Barbara B.A., Environmental Studies,University of California,Santa Barbara 'Lindsey Lagos Financial Analyst a• n Lindsey Lagos brings 11 years of public accounting assurance experience to the HF&H Rates &Audits team. In her role as a Project Manager,she assists in hauler contract compliance audits, rate studies, cost of service analyses, conducting competitive solid waste r . �; procurements,contract negotiation services,and contract management.Lindsey's primary � _ • focus in her public accounting career was financial statement audits, which included assisting clients with the adoption of new regulations. May 9, 2024 6 Page 14 • � P "or Contract Procurement and Negotiations : ; , Lindsey assisted in the negotiation of the City of Irvine's first amendment to their exclusive • franchise agreement.She also participated in negotiations with the existing hauler for the "= City of Aliso Viejo.She has assisted the Cities of Alhambra,Chino Hills,Santa Ana,and South aka P� Y • Gate through the procurement process for new solid"waste collection and recycling , _ %"`: 1, agreements.She has assisted in RFP development through drafting rate and cost proposal forms and profiling existing contracts.She has analyzed and evaluated hauler proposals for ;� ;�. � ,•�,` j ;� � +=, solid waste collection and recycling services. $ Solid Waste Rate Services u Lindsey has assisted jurisdictions in the areas of rate analysis,cost of service studies, and ' - negotiating solid waste rates.She assisted in negotiating and reviewing the rates proposed • by the City of Irvine's exclusive hauler during the first amendment of its franchise agreement. She has assisted the cities of Aliso Viejo, Beverly Hills, El Centro, Inglewood, �, kr Lawndale,and Paramount, in controlling increases to their solid waste rates by evaluating • g n: "r M . waste haulers' rate adjustment requests for accuracy and compliance with contract-rate • k • .• p5 `.'• . adjustment provisions. She has assisted the City of Long Beach in performing a cost of % ks • '' ,` service analysis to assist the city properly set rates. SB 1383 Compliance Lindsey has assisted the cities of Aliso Viejo and El Centro to amend and restate their solid ;• waste agreements to properly incorporate SB 1383 requirements, including involvement in negotiating agreement terms and rate impacts with the related waste haulers.She has ° vs Y" assisted the cities of Irvine, Lawndale,and South Gate in their compliance efforts through • Wit` as • regulatory reporting,monitoring program progress,assisting with outreach,etc. Solid Waste Hauler Contract Compliance Audits `t ` Lindsey has performed hauler compliance audits for the cities of Beverly Hills,Inglewood, Lawndale, Palmdale, Aliso Viejo, and Whittier. She is currently performing compliance audits for the cities of Redondo Beach and Manhattan Beach.Compliance audit tasks help `= determine if the solid waste hauler is in compliance with key contract terms. Focus areas • t s.; have included, but not limited to, billing validation, customer'service, outreach and �« • education requirements,reporting,and recycling program compliance. t* • Education and Professional Credentials B.S.,Accounting,Chapman University "+ yy: Certified Public Accountant California Society of Certified Public Accountants (CALCPA) Colleen Foster Senior Associate x x " ' Colleen Foster, Senior Associate with HF&H, has 20 years of experience with, local • m '• ;w J` z' government in solid waste and recycling,public policy,community development and water 3 k and wastewater utility management. Her expertise is in contract administration, public competitive procurement, SB 1383 compliance, solid waste, recycling, and organics '• f planning and implementation, zero waste programming, regulatory compliance, climate Y action,sustainable food systems and food recovery,and legislative advocacy. • '7: C'' "' Prior to her tenure at HF&H, Colleen led the award recognized Solid Waste and Recycling M 's��V L 5 � i 'A'S Y• Program (Green Oceanside) at the City of Oceanside, where she developed extensive • experience overseeing public agency diversion programming,team and staff development, a . stakeholder engagement,voluntary and mandatory recycling and organics service rollouts, t•ss,• :.b' t'C 7771 :5 s1 , xg May 9, 2024 I Page 15 330 • ° ,.t. +tax •! *r�3°+ . environmental inspections and programming (conservation, stormwater, zero waste), grant administration, biosolids and organics to energy planning, and leading innovative ° 14 extended producer responsibility programming targeting difficult to recycle materials, single use plastics,and hazardous waste. In recent years,Colleen has developed expertise in SB 1383 regulatory compliance, managed and designed multiple model SB 1383 service programs surrounding innovative rate structures, pay as you throw, waste prevention, food recovery, and education and outreach for diverse audiences. Colleen is currently ': • '°' ....- supporting multiple clients with franchise contract administration, rate and performance analysis, SB 1383 compliance gap analysis, compliance action planning, enforcement, implementation record development,and zero waste centric program development. Education and Professional Credentials Master of Environmental Law and Policy,Vermont School of Law B.A., International Relations,University of California, Davis Instructor-Zero Waste Principles and Practices Joint Certification with CRRA Haley Kunert Project Advisor ' Haley Kunert is a Senior Project Manager with HF&H. Haley has two years of experience in sustainability services, gained while attending the University of California San Diego and over seven years with HF&H Consultants.She currently assists with SB 1383 planning and . ° implementation, managing solid waste franchise agreements, legislative compliance and diversion monitoring, audit services, solid waste rate reviews, contract negotiation services, contract procurements and RFPs, valuation models, program implementation services, grant management, CalRecycle annual reporting, community public education ° and outreach,and conducting solid waste rate studies. • • Ongoing Contract Management/Solid Waste Consulting Services Haley assists with ongoing contract management and solid waste consulting services to cities in Southern California.The scope of work for these engagements includes monitoring contractor compliance with franchise agreement requirements regarding reporting, fee payments,and public education and outreach. Haley meets with City staff and haulers on a regular basis to review ongoing contractor compliance and monitor program diversion performance.She is currently assisting the cities of Anaheim,Bell Gardens,Garden Grove, ° '• • ° • ° • Inglewood, and Lawndale.Additionally,the engagements include a review of the haulers' annual rate adjustment requests and monitoring of reported tonnage and hauler fee payments. Solid Waste Legislative Compliance :"• ° Haley has assisted clients in preparing for the mandatory recycling regulations included in Assembly Bills 939, 341, 1826, and 1383. This assistance has included gathering current commercial refuse and recycling service level data from the cities' haulers, documenting the number of accounts covered under the regulations, calculating the current level of :° compliance and appropriate recycling service fees, and developing public education and. °A outreach materials.She is currently assisting the cities of Bell Gardens, Inglewood,Garden ° Grove,and Lawndale with tracking and implementation of recycling and organics recycling programs for businesses and multi-family complexes. Also, she annually assists the cities • of Bell Gardens, Inglewood, Garden Grove, and Lawndale in the completion or review of e•: their CalRecycle EAR. May 9, 2024 1 Page 16 ;: x` wp' , 6 " Solid Waste Fee and Tonnage Audits and Contract Compliance Reviews { Q ', `:, F Haley's audit experience includes performing fee payment and tonnage reviews to -z determine the accuracy and reasonableness of reporting by permitted waste companies ' for the cities of El Monte, Palm Desert, Inglewood,and Lawndale. ,Y. _ v `. Haley has assisted with hauler compliance audits for the cities of El Monte,Inglewood,and " �: 'P ' Lawndale to determine and correct the city's solid waste hauler's compliance with key ' contract terms. Procurement and Contract Negotiations(Including Organics Program Reviews) a f ''' . k'" Haley has assisted with numerous procurement engagements for solid waste services p ° contracts, including RFP preparation, proposal evaluation, and negotiation support. Examples of clients for whom she has helped tot obtain new solid waste services contracts a, or renegotiated existing agreements include the cities of Anaheim, Brea, Palm Desert, ? Maywood, Seal Beach, Placentia, Lawndale, Redondo Beach, Inglewood, Santa Ana, and '' *' ::'4),...31::* *. :' :7:!*:::** ,wk•a rt Garden Grove. , She has been assisting eight Orange County cities(Anaheim,Brea,Fullerton,Garden Grove, Huntington Beach, Placentia,Seal Beach, and Yorba Linda)with negotiations of programs for compliance with SB 1383. Recently,the Cities of Garden Grove and Yorba Linda have #a � ' b " - concluded their negotiations and implemented the require amendment or restated ' � ` ° ` - a agreements. Previously, she completed reviews of each franchise agreement and an SB 1383 planning gap analysis to help the cities prepare and make key decisions to plan for SB 1383.She is also worked with the Cities of Inglewood and Palm Desert in negotiations for ° ,� compliance with the requirements of SB 1383. Both Inglewood and Palm Desert are now ' r, °` 4 reporting full compliance through auto-enrollment in their restated franchise agreements. Solid Waste Rate Studies y . Haley assisted with conducting surveys of residential and commercial solid waste collection �: ^_, ;; services and rates in various cities throughout Orange, Los Angeles, San Bernardino, and ` . *. 7 Riverside Counties. Haley has also gathered rate and program data related to organics collection for the cities of Anaheim, Brea, El Monte, Fullerton, Garden Grove, Placentia, Villa Park,and Yorba Linda to determine the reasonableness of organics rates. Forthe past a three years,she has assisted the City of Anaheim with a rate survey to gather information ;`r *'' 'i,,, from all cities in Orange County. .' ;":“ Education and Professional Credentials B.S., Environmental Systems,University of California San Diego, La Jolla Certificate in Sustainability and Behavior Change with University of California San Diego . . -I'. q" Extension Program 2022 SWANA Young Professional of the Year—Discretionary Region Wry ° 332 May 9, 2024 I Page 17 This page intentionally left blank 333 tion a Minimu Prior i } ll m ns . . , at . 1 t I t II i : � fi r'. „ Ts r tt -..,:.—: s' C.ram.. a ,iu's, kISF �.'. i... f� ' i 4171,1 • 4 d*. •_, w Section 3.. Minimum Qualifications and Prior Related Experience • 1 Qh` f .ta a% a t ji '� u 1as c.;z� • fi € =A r a ,1 .s.. '' 'hym t " fir `k r m tr i, • - —.ems"""'#,*.. a�.'.i '4.�. .':3 v'd" _ W ' " t$,_4 f. 1,4%, $ ,`. Firm Background • Founded in 1989, HF&H is a consulting firm that specializes in providing tailored solutions ° `° ° to local governments in two key practice areas: recycling and solid waste services, and °J,,Esz� °° water, wastewater, and stormwater services. Our consultancy focuses on offering • environmentally responsible economic, financial, strategic planning, and management services.Throughout our 35-year history, HF&H has remained steadfast in its commitment to serving clients exceptionally and with unwavering integrity. While our primary focus has been on municipal agencies in California, we have also extended our consulting services to other states and are actively seeking opportunities to assist agencies nationwide. HF&H is led by three partners: Rob Hilton,Laith Ezzet,and Rick Simonson. The HF&H Difference ° ° Local agencies choose HF&H for their recycling, solid waste, water, wastewater, and stormwater service needs for several key reasons: • Recognized Leaders: Our team consists of industry-leading experts in the consulting field. • Customized Approach: We employ analytical models and solutions tailored to address each client's unique challenges and requirements. • Objective Solutions: HF&H has built a reputation for delivering objective,fact-based solutions. a. • Thorough Analysis: We are committed to conducting professional, thorough, and detailed analysis to support our findings and recommendations. • High-Quality Services: We pledge to deliver high-quality services by responding quickly and personally to clients,meeting timelines,and exceeding expectations with our work products. HFFT Recent independent client satisfaction surveys have shown that 100% of respondents ° agreed that"HF&H staff was professional,experienced,and well-qualified." May 9, 2024 I Page 21 336 Strength Through Experience HF&H has provided leadership, expertise, independence, and support to hundreds of municipal agencies through over 2,500 engagements. Our reputation for excellent client service is well-established, as approximately 70%of our work comes from repeat clients, some of whom we have partnered with for over three decades.Our track record,measured by the number and types of engagements and the number of repeat clients,demonstrates our ability to consistently deliver a high level of client satisfaction. We have assembled one of the most accomplished teams of consultants in the industry. Our partners and senior managers possess 15 to 35 years of direct experience in the consulting industry, serve on professional association boards, have presented numerous papers, and, in one case, co-authored.a widely used industry manual in their respective areas of expertise.Our team leverages proven management and analytical tools to develop creative solutions that support our clients in achieving their objectives. At HF&H,we take pride in our low staff turnover rate,which reflects our teams'enthusiasm for serving clients and their deep respect for our approach and the quality of work we • • deliver. Broad Range of Experience— Practice Areas The City has requested a broad range of services, and HF&H has the range of experience necessary to meet all of the City's consulting needs related to the City's solid waste and recycling program. Below are some of the particular practice areas directly related to providing municipalities with consulting support services. Contract Management and Legislative Compliance Value—HF&H has managed solid waste contracts for clients that represent nearly every type of solid waste program available.From exclusive solid waste franchises to open permit systems, HF&H has the ability to address our clients' most pressing solid waste needs, regardless of the particularities of their systems.We provide breakthrough tactics needed to achieve AB 939 compliance and compliance with other mandates that can overwhelm jurisdictions lacking in-house resources. We help our clients increase diversion volumes and achieve solid waste reduction compliance by: • Using in-depth industry knowledge to develop,evaluate, implement,and monitor progressive recycling and solid waste diversion programs to meet or exceed • mandated and community-defined diversion goals • • Effectively managing solid waste contracts by proactively addressing compliance issues, reviewing billing and service records, and providing expert program tracking techniques Results—The following is just a sample of the results we can provide: • Millions of dollars saved for our clients,collectively,through expert monitoring and auditing of contractor compliance • Completion of EARs and CalRecycle liaison assistance for ongoing compliance • Diversion rate increases of up to 48%in a short timeframe Financial Analysis and Rate Reviews Value — HF&H provides expert evaluations of contractor rate and compensation modification applications, financial statements, operation records, and rate structures to our clients. HF&H has assisted over 100 communities throughout the western United States to successfully analyze rate and compensation increases.Our objective reviews and studies arm our clients with statistics necessary to successfully address contractor rate and compensation queries by: May 9, 2024 I Page 22 • Calculating contractor rates, compensation, and alternative rate structures to cover specified contractor and municipal costs and maximize waste reduction goals • Ensuring all current and requested rates and compensation are reasonable and supported by accurate documentation Results—Individual clients have saved millions of dollars in avoided contractor rate and . compensation increases. • A recent HF&H rate review resulted in a reduction in the collection contractor's requested rate increase from 21.9% to 7.9% (based on more than a $1,400,000 reduction to the hauler's projected revenue requirement and a$342,000 increase in the hauler's projected revenue for the forthcoming rate period). • A recent HF&H processing facility compensation review resulted in a reduction in the facility operator's requested compensation from $29.8 million to $27.8 million—a savings of$2.0 million. Solid Waste and Recycling Contract Procurement and Negotiations Value—Comprehensive contracts set the stage for future success.That's why HF&H makes certain jurisdiction agreements satisfy all unique long-term needs. HF&H has assisted approximately 100 California communities in achieving their recycling and solid waste contract objectives. Our experienced staff of experts resolves contract challenges by: • Offering intelligent strategies for developing new agreements and enhancing existing agreements • Managing competitive contractor selection processes that generate numerous proposers and yield reasonable costs • Providing objective, trustworthy contract recommendations to avoid unnecessary deliberation over the negotiating table or at City Council meetings Results — Our commitment to excellence has supported successful negotiation of agreements valued at more than one billion dollars and has saved our clients hundreds of millions of dollars. Our understanding of the recycling and solid waste industry and associated contracting processes allows our team of qualified experts to provide dependable industry benchmarks and offer independent and objective proposal evaluations. Zero Waste, High Diversion, and Sustainability Services Value— HF&H is able to provide environmentally, economically, and socially sustainable solutions to local governments because we recognize the impact public services can have, and we have the tools to plan, implement,and monitor programs and services that make a difference. • Our intimate understanding of the types of programs and initiatives required to reach zero waste ensures that our analyses carry with them an assurance that they are achievable and will mitigate a city's environmental footprint. • Our approach to zero waste and sustainability is supported by innovative contract management, public education and outreach, diversion program, and policy implementation techniques. Results—HF&H brings common sense to planning. We share our clients'vision and assist our clients in achieving that vision by developing clear, attainable, cost-effective steps. HF&H reviews upstream and downstream options and bases recommendations on robust analyses using our benchmarking database to estimate future program diversion, greenhouse gas emissions reductions, and costs. We then prepare sustainable funding May 9, 2024 I Page 23 338 strategies, which will ensure success from implementation through goal attainment and beyond. Audit Services Value — At HF&H, our global approach to recycling and solid waste audits prevents problems and protects your jurisdiction by ensuring accuracy, integrity, and excellence at every turn. HF&H has assisted dozens of California communities in ensuring that their solid waste haulers are financially and operationally compliant. Our audit services include: • Verifying that residential and business invoices reflect approved rates and accurate service levels • Ensuring all franchise, AB 939, and other city fees are calculated accurately and remitted in a timely manner • Confirming that haulers have complied with recycling and solid waste service contract terms, made reasonable and appropriate rate requests and adjustments, • and accurately reported tonnage Results — Our expert audit staff has reviewed the financial and operating records of approximately 100 hauling companies on behalf of our clients.As a result,individual clients have recovered in excess of one million dollars in fees due from haulers. Management and Operations Reviews Value — HF&H is committed to optimizing the efficiency of recycling and solid waste programs and services. Our reviews ensure these operations are cost effective, achieve waste reduction goals,and meet long-term community needs by: • Conducting management studies that accurately assess management's key assumptions.We make certain new or modified planning strategies and objectives are appropriate,financially sound,and viable. • Providing operation evaluations that accurately determine the effectiveness, efficiency,and safety of services provided by the operator. We identify causes of performance shortfalls, offer proven recommendations to reduce costs and improve productivity and services,and assist with monitoring program results. Results—As a result of recent HF&H management and operations reviews,our clients have reported improvements such as a 10% decrease in routes, approximately $100,000 in reduced annual costs,and a 10%increase in waste diversion. HP Ws Proprietary Government Agency Program Information Database HF&H's knowledge of the industry is unrivaled.We have developed an extensive database of industry operations and financial data from assessing current operations and evaluating proposals from most of the solid waste providers working in California. While other consultants speak of their"data collection and analysis"capabilities,the collection and use of data is an HF&H hallmark—a tool we use to ensure our clients receive the best match of services and costs. For example: ` • • We were selected from among our competitors by CalRecycle (formerly the California Integrated Waste Management Board) to determine the cost of mandatory commercial recycling in California largely based on the information contained in this database because no other consulting firm could offer access to the same type of detailed operational and cost data and prior attempts by other firms to collect this data from the industry were unsuccessful. HF May 9, 2024 I Page 24 • HF&H was requested by the City of San Jose to assist with renegotiation of its residential agreements. Our assistance was sought because there was no analytical basis for conducting the renegotiation since the consultant that conducted the original procurement had neither collected nor evaluated operational and cost data. We were able to construct a pro forma to estimate the costs and provide the City a basis for a fair negotiation. Systematic Approach to Project Management and Quality Assurance At HF&H,we believe in delivering exceptional results to our clients.Throughout the data gathering,analysis,and reporting phases,we foster a collaborative effort among three key parties: our dedicated team of HF&H consultants, our experienced engagement directors and managers, and the invaluable client staff and management. By working together seamlessly,we ensure that our clients reap the following benefits: • Qualified Expertise: Our consultants are highly qualified professionals who possess the necessary skills and knowledge to perform their work with excellence. Their expertise guarantees a thorough understanding of your unique needs and challenges. • Clear and Professional Work Plan: We develop a clear work plan that adheres to professional standards, ensuring that our approach is structured, systematic, and effective.This plan serves as a roadmap for achieving optimal outcomes. • Effective Execution: Our consultants execute their assignments with precision and proficiency. They bring their expertise to bear, employing the best practices and strategies to deliver tangible results. . ° • Efficient Work Monitoring: Our engagement managers take responsibility for the • day-to-day monitoring of the project.They review work products,anticipate potential problems, and address concerns promptly. This diligent oversight ensures smooth progress and timely completion. • Ensured Accuracy and Relevance: Client staff actively participate in the process by reviewing the work products prepared by our project team.This collaborative effort helps us validate the accuracy and relevance of our findings, ensuring that the recommendations we provide are well-suited to your specific circumstances. • Consistency and Efficiency:Our engagement directors and managers play a vital role • in maintaining consistency among approaches and methods. They adjust the work plan as the engagement progresses, provide adequate support to consultants, and schedule work efficiently to maximize productivity. • Thorough Evaluation: Our engagement managers thoroughly evaluate the work in progress, attend key interviews and meetings, review analysis results, and assess conclusions. They also ensure the clarity of written materials, guaranteeing that all deliverables are comprehensive and easy to understand. • Regular Progress Reporting: We understand the importance of keeping you informed. Our engagement directors and managers report progress to your management at regular intervals appropriate for the project. Our project reporting system tracks hours and progress, providing transparency and allowing us to identify any areas of concern promptly. • 1 May 9, 2024 I Page 25 340 • Alternative Approaches: HF&H proactively identifies potential concerns, should they arise, during project progress reporting. Our engagement directors and managers recommend alternative approaches to address these concerns,ensuring that we overcome challenges effectively and achieve the desired outcomes. HF&H's unwavering commitment is to provide you with exceptional service and deliverables. By fostering collaboration,expertise,and thoroughness,we ensure that your experience with us is characterized by tangible benefits and lasting success. Prior Related Experience City or Beverly Hills,,. Solid Waste Rate Studies (2014, 2016, and 2020) . Client Contact. The City of Beverly Hills' Public Works Department provides automated residential refuse, James Burnley recycling, and organic waste collection services. Residential processing and commercial Manager, Public Works collection services are provided by a private waste hauler.The City performs the customer (310)285-2475 billing for all customers within the City. Customer rates include the solid waste hauler jburnIey@beverlyhills,.org contractor rate and an administrative fee to recover related city service costs. The City remits payment to the private waste hauler for commercial collection and residential processing services.The private waste hauler is entitled to a CPI contractor rate adjustment once per year. In 2019,the City negotiated a new SB 1383-compliant franchise agreement with the private hauler, which included a significant one-time contractor rate increase. However, the City has not increased customer rates since FY 2012 and has absorbed the incremental contractor cost increases through the City's Solid Waste Utility Fund. To ensure adequate funding of the City's Solid Waste Utility Fund, HF&H performed the following work for the City: • Estimated the residential and commercial rate revenue requirements • Estimated future contractor costs • Projected fund reserves based on operating cost assumptions and multiple scenarios Results In 2014 and 2016, HF&H developed a multi-year rate model and calculated the impact on Solid Waste Utility Fund reserves from estimated rate increases under two scenarios: (1) no rate increase,and (2)annual rate increases based on the consumer price index. HF&H also compared monthly collection rates for seven other Los Angeles County cities with municipal residential solid waste collection, and found the City's rates to be higher than the median average. The City's goal of achieving a minimum target for the Solid Waste Utility Fund reserves was achieved under the no rate increase scenario. Thus, the City chose to maintain the residential and commercial customer rates for several years. In 2020, HF&H assisted the City in evaluating various scenarios that would achieve the following rate setting goals: • Solid Waste Utility Fund reserves remain at or above the City's minimum target of 50%of operating expenses throughout the modeling period of FY 2021/22 through FY 2027/28 • For each sector (residential, commercial, and alley maintenance) to be able to operate on its own and,at a minimum, break-even (zero net income or loss)by FY 2027/28 HF&H developed various rate models,which included a one-time customer rate increase, a five-year phase-in of customer rate increases, and an eight-year phase-in of customer rate increases.After completion of the 2020 rate study,the City Council decided on a five- May 9, 2024 I Page 26 year phase-in of customer rate increases for residential and commercial customers starting January 1,2021,then every July 1 for four years. Key HF&H Staff Laith Ezzet and April Ha mud °° Client Contact: City of Inglewood Contract&CLegislative Compliance (2004-Present) Angela Williams HF&H has been retained by the City of Inglewood on an annual basis to manage the City's Environmental Services solid waste contract with Republic Services, and previously Waste Management. HF&H's Manager work for the City includes: reviewing the hauler's annual rate adjustment requests; (310)412-8722 verifying the accuracy of the hauler's billing and tonnage reports; performing hauler fee awilliams@cityofinglewood.org and tonnage audits; providing AB 939, AB 341, AB 1826, along with other regulatory compliance assistance, including review of the annual report and preparing for and attending the CalRecycle site visits;and, providing ongoing procurement and negotiation services to the City. HF&H meets with the hauler on a monthly basis to review diversion trends,City fees,and service issues. Prior to 2008,the City had consistently hired HF&H on a project-by-project basis. In order for HF&H to provide more comprehensive, on-going assistance to the City, the City retained HF&H under a three-year consulting agreement, which has continued to be extended for additional three-year terms since 2008. Project Results • Solid waste contract requirements have been successfully implemented and monitored, and HF&H has been available to the City to meet all of its solid waste ° consulting needs. • The accuracy of rate adjustment requests has been confirmed annually. • HF&H successfully developed AB 341,AB 1826,and SB 1383 plans that were approved by CalRecycle,and continues to assist the City to ensure ongoing compliance. Key HF&H Staff Laith Ezzet, Lindsey Lagos ° Client Contact:° City of Anaheim General Solid Waste-Consultant Services (2009-Present) Ayumi Takayasu HF&H has provided support to the City of Anaheim with solid waste consulting services Operations Manager since 2009. HF&H's work for the City includes: negotiations support; internal staff (714)765-6860 presentation and report support; rate analysis and rate survey projects; AB 939, AB 341, atakayasu@anaheim.net AB 1826, along with other regulatory compliance assistance; and, ongoing contract management services to the City. HF&H meets with the hauler monthly to review new contract implementation, reports,and service issues. Project Results • Solid waste contract requirements have been successfully implemented and monitored, and HF&H has been available to the City to meet all of its solid waste consulting needs. • Using hauler report data, HF&H provided requested updates to City staff regarding hauler performance. • HF&H supported the City's rate adjustment process by obtaining and presenting industry rate information through HF&H's wide network of industry connections. Key HF&H Staff Laith Ezzet, Haley Kunert May 9, 2024 I Page 27 342 City of Palm Desert Contract.Monitoring'Services (2020-Ongoing) Client Contact: HF&H has been retained by the City on an annual basis to manage the City's solid waste Amy Lawrence contract with Burrtec Waste and Recycling Services. HF&H asisted the City on a project-by- Deputy Director of.Economic project basis from 2006 to 2013. In 2020 HF&H assisted the City in negotiating a Development modernized SB 1383 compliant solid waste franchise agreement. In order for HF&H to ('76.0)837-1.664 provide more comprehensive, on-going assistance to the City, the City retained HF&H aiawrence@palrndesert.gov under a two-year consulting agreement in 2020, which has since been extended for two additional one-year terms. HF&H performed the following work for the City: • Draft 2023 biennial brochure language to address all SB 1383 education and outreach requirements • Review hauler records and public education and outreach for SB 1383 compliance • Develop SB 1383 reporting and tracking templates • Support the City in maintaining their Implementation Record and review it for SB 1383 compliance • Advise on food recovery program implementation • Train new staff in SB 1383 requirements Project Results • Monthly review of hauler records has brought the City from an Informal MORe Plan to SB 1383 compliance. • The City successfully completed an automatic roll-out of organics containers for both commercial and residential generators. • The City was able to on-board three new staff members without degradation to their solid waste programs. HF&H Team Members Leith Ezzet, Haley Kunert, and Sam Irwin Cjty.of,Irvine Franchise Management/Waste Hauler Audits (2010;Present) Client Contact: The City of Irvine has an exclusive franchise agreement with Waste Management of Orange Ryan Ramos County(WM)for the collection,transportation,recycling,and disposal of solid waste from Senior Management Analyst the residential and Village commercial area of the City,and non-exclusive agreements with 949-724-6250 over 20 haulers for the collection, transportation, recycling, and disposal of solid waste rramos@cityofirvine.org from areas of the City that are not subject to the City's exclusive franchise agreement. HF&H provides ongoing consulting services that address all areas of the City's solid waste services.Our services have included the following: • On an ongoing basis, HF&H meets with the City and the exclusive,hauler to assist in the development of new programs to increase hauler-collected diversion. • On a quarterly basis, HF&H reviews tonnage and fee payment reports submitted to the City by the non-exclusive and exclusive haulers. HF&H meets with the City to review hauler contract compliance, diversion, fee payments, and AB 341 compliance. H May 9, 2024 I Page 28 • On an annual basis, HF&H reviews annual franchise fee remittances, reported receipts, and determines the reasonableness and accuracy of tonnage reported by selected waste haulers under the non-exclusive agreements and the exclusive hauler for residential and Village commercial solid waste collection for the selected years. • SB 1383 compliance assistance and program implementation for exclusive and,non- exclusive haulers. • Legislative compliance assistance for CalRecycle meetings and reports including the EAR, Implementation Record,and CAP reporting. • Participation in negotiating the first amendment of the exclusive franchise agreement,which implemented the residential SB 1383 compliant organics program. • Various requests for which the City has requested our assistance as we have continued to build our trusted partnership with the City. Project Results HF&H successfully developed SB 1383 plans that were approved by CalRecycle and continues to assist the City to ensure ongoing compliance through management of its solid waste franchise agreements.We have assisted the City in improving its AB 341 and AB 1826 compliance numbers and SB 1383 regulatory compliance through routine check-ins with haulers,tracking performance, and reporting findings to the City. Through reviewing rate adjustment requests,we have ensured the rates assessed by the City's exclusive hauler are in compliance with the franchise agreement. Key HF&H Staff Laith Ezzet, Lindsey Lagos,Jake Kaihewalu Client Contact: City of Garden Grove. Contract&Legislative Compliance(2017-Present) Mark Ladney In 2017, HF&H was assisting the City of Garden Grove to negotiate an organics program Senior Program Specialist, with Republic Services. During this work,the City received a letter from CalRecycle stating Public Works that the City was facing a compliance order for not implementing their AB 341 plan. The (714)741-5372 City retained HF&H under a separate contract to assist with AB 341,AB 1826, and hauler markla@ggcity.org contract compliance issues. HF&H provides ongoing consulting services that address all areas of Garden Grove's solid waste services.These services have included the following: • Develop and monitor the City's AB 341 AB 1826, and SB 1383 implementation plans for CalRecycle • • Participate in conference calls and a site visit with CalRecycle, including responding to CalRecycle information requests • Review the EAR and public education and outreach material prepared by the franchised hauler • Research potential disposal reporting issues at a local material recovery facility;visit the facility and meet with facility representatives,City staff,and CalRecycle staff;and prepare and follow up on open issues • Participate in monthly meetings with City staff and the franchised hauler to review outstanding items Project Results HF&H successfully developed AB 341,AB 1826, and SB 1383 plans that were approved by CalRecycle, and continues to assist the City to ensure ongoing compliance. HF&H also May 9, 2024 Page 29 344 assisted the City to implement a commercial recycling cart rate with an amendment to the franchise agreement to help encourage additional customer compliance with AB 341. HF&H is in the process of amending the City's solid waste agreement to be compliant with SB 1383. Key HF&H Staff Laith Ezzet, Haley Kunert,Jake Kaihewalu May 9, 2024 I Page 30 Section ■ ■ Cost and Pricing „....,z,i...ii,,, ,;,:;?-c.A."7-* - �''�fY4 ", ti ♦. •�� • _ rf- -- 4• all � U r 121. ,.,,,...,,,, ko,i,,,A ,...-:-. ,,,. • . 5/ 4i.. • -, i 'yr `''.` € li)01 .. -" • ti ' `' •. � • Y.:►��'A J HF�� Section 4: Cost and Pricing Q + . ? m a.I.<, a _ ems.'a �. h ;. aE' " i- t ..� `'�'> f P r �F r y d Y I'9n5t'w.. sr -s x.1 Mr y�, . ...._ .�, ar ` r 4` r. _ ,., rt , ;.r-„;.ate+ I. ier P ,...- - - '74-*--. - - 'fr-s-k" - - - - ---%ib::.,.':„tt%A-o,;r'-v.,; (Effective July 1, 2024)1 We will perform the scope of work based on time and materials, not to exceed $352,557 for a three-year contract term without written City authorization. Estimated costs for the proposed periods are as follows: Total Fee Estirn`ate=for.F.Y 2024-29 Contract Year Base Service Cost One-Time Tasks Total Cost Year 1(July 1,2024 to June 30,2025) FY 2024-25 $ 102,000 $ 19,588 $ 121,588 Year 2(July 1,2025 to June 30,2026) FY 2024-26 $ 105,570 $ 9,261 $ 114,831 Year 3(July 1,2026 to June 30,2027) FY 2026-27 $ 109,265 $ 6,873 $ 116,138 Total Estimate for Years 1-3 $ 316,835 $ 35,722 $ 352,557 Option Years Year 4(July 1,2027 to June 30,2028) FY 2027-28 $ 113,089 I$ - I $ 113,089 Year 5(July 1,2028 to June 30,2029) FY 2028-29 $ 117,047 $ 7,092 $ 124,139 The workplans on the following pages itemize hours by task and staff classification. Hours . may be shifted among tasks and between years to achieve the City's goals for the requested services. q HF H- 1 Litigation Support and Expert Witness Services are not covered by this schedule of fees and _- - ' expenses. May 9, 2024 I Page 33 348 Table 1:Annual Base Service(July 1,2023—June 30,2025) Sr.Vice Sr.Project Senior Assistant Labor Task Description President Manager/Advisor Associate Analyst $ 360 $ 304 $ 242 $ 170 Hours I Fees Task 1 Legislative Assistance and Compliance Support IA Maintain communication with CalRecycle for ongoing compliance 2 2 10 - 14 $ 3,748 1B Track solid waste legislation and policy decisions 2 2 8 - 12 $ 3,264 1C Verify annual rate adjustment request(exclusive residential) 3 3 16 - 22 $ 5,864 Subtotal: Task 1 Hours&Fees 7 7 34 - 48 $ 12,876 Task 2 Contract Monitoring and Franchise Management 2A Periodic meetings with franchisees 4 2 8 10 24 $ 5,684 2B Plan and monitor franchisee compliance implementation 8 4 12 - 24 $ 7,000 2C Review franchisee's tonnage reports 6 6 20 36 68 $ 14,944 Subtotal: Task 2 Hours&Fees 18 12 40 46 116 $ 27,628 Task 3 Mandatory Commercial Recycling,Organics Regulation,and SB 1383 Assistance 3A Prepare education and outreach materials for Recycling and Organics ind uding Tier 1&Tier 2 EFG information - 6 16 8 30 $ 7,056 38 Provide SB 1383 technical assistance and compliance notifications 8 14 40 8 70 $ 18,176 3C Monthly franchise management meetings(exclusive residential) 2 4 27 - 33 $ 8,470 3D SB 1383 Procurement Analysis 1 3 8 - 12 $ 3,208 Subtotal: Task 3 Hours&Fees 11 27 91 16 145 $ 36,910 Task 4 Annual Reporting Services 4A Review tonnage reports to determine diversion 2 8 - 10 $ 2,544 48 Gather reporting data from haulers - 2 12 12 26 $ 5,552 4C Review hauler education&outreach material - 4 6 10 20 $ 4,368 4D Prepare CalRecycle electronic annual report(EAR) - 4 20 - 24 $ 6,056 4E Communicate with Cal Recycle representatives regarding reports and programs including attending virtual meetings 2 2 8 - 12 $ 3,264 Subtotal: Task 4Hours&Fees 2 14 54 22 92 $ 21,784 Task 5 Other Solid Waste Related Tasks 5A Assist with other solid waste and recycling contract management and compliance items 2 2 6 - 10 $ 2,780 Subtotal: Task 5 Hours&Fees 2 2 6 - 10 $ 2,780 Total Hours 40 62 225 84 411 Subtotal $ 14,400 $ 18,848 $ 54,450 $ 14,280 $ 101,978 Total Expenses $ 22 Total Fees&Expenses $ 102,000 *Hours may be shifted among tasks and staff. May 9, 2024 I Page 34 Table 2:Annual Services for FY 2024-29 Year Year 2 Year 3 Year4 Year S (July 1,2024-June.30,2025) (July 1,2025--June30,:2026) (July 1,2026-June.30,2027) (July 1,.7.027-June:30,2028) (July 1,2028-June 30,2029) Task Description FY2024-25 FY2025-26 FY 2026-27 1Y2027.28 FY 2028-29 Solid Waste Consulting Services Annual Base Service(from Table 1) $ 102,000 $ 105,570 $ 109,265 $ 113,089 $ 117,047 One-Time Tasks - 3E Develop 5B 1383 Enforcement Plan(Year 1) $ 9,588 $ - $ - $ - $ - 4F SB 1383 Jurisdiction Review Support (assumes occurrence in Year 2) $ - $ 9,261 $ - $ - $ - 2D Residential Proposition 218 Assistance(Year 3) $ - $ - $ 6,873 $ - $ - 1D Organic Waste and Edible Food Recovery Capacity Planning Reporting(Year 5) $ - $ - $ - $ - $ 7,092 2 Additional Support $ 10,000 $ - $ - $ - $ - Subtotal: Base Service&One-Time Task $ 121,588 $ 114,831 $ 116,138 $ 113,089 $ 124,139 "Hours may be shifted among tasks and between years. w 0 0 May 9, 2024 I Page 35 The City may identify solid waste and recycling items that require HF&H assistance not included in the original scope of work and may want to consider an additional annual contingency between$10,000-$15,000. We will bill the City once per month based on the number of hours worked and expenses incurred. Payment is due within 30 days of invoicing. Hourly rates are shown below. Hourly Rates Hourly rates for professional and administrative personnel through June 30, 2025 are as follows and will be adjusted by 3.5%on July 1,2025. Position Rate Executive $329-$360 Senior Project Manager $300-$325 Project Manager $260-$295 Senior Associate $220-$259 Associate Analyst $190-$210 Assistant Analyst $165-$185 Administrative Staff $125-$165 Direct Expenses Standard charges for common direct expenses are as follows: Automobile Travel Prevailing IRS mileage rate Airfare and Public Transit Actual Cost Billing Policies Our policy is to bill for our services based on the standard hourly rates of the staff member assigned, multiplied by the time required to perform the client-related tasks, plus the direct expenses as described above. In implementing this policy, we adhere to the following practices: • It is our standard practice to email invoices to our clients, although hard copies of invoices can be sent to clients on request. • We round to the nearest one-quarter hour (e.g., if two hours and 55 minutes are spent on a task,it is recorded as three hours,if two hours and five minutes are spent on a task, it is recorded as two hours). A minimum charge of one-quarter hour is charged for any client work performed in a day. • We do not markup out-of-pocket expenses; however,we may charge administrative or professional time related to the provision of the goods and services associated with these charges. • If subcontractors are used,HF&H reserves the right to charge a 10%markup. • Mileage fees are based on the round-trip distance from the point of origin. • If a client's change to a previously scheduled meeting results in penalties being assessed by a third party(e.g., airline cancellation fee), then the client will bear the cost of these penalties. While no minimum fee for a consulting engagement has been established, it is unlikely (given the nature of our services)that we can gain an understanding of a client's particular requirement, identify alternatives, and recommend a solution in less than twenty-four HFconsulting hours. May 9, 2024 I Page 36 351 Insurance We maintain the following policies of insurance with carriers doing business in California: • Commercial General Liability Insurance ($2,000,000 Occurrence/$4,000,000 Aggregate) • Workers'Compensation ($1,000,000) • Professional Liability Insurance($2,000,000 Occurrence/$2,000,000 Aggregate) • Hired and Non-Owned Auto Liability'($2,000,000) • Umbrella Liability($3,000,000 Occurrence/$3,000,000 Aggregate) • Cyber Liability($1,000,000 Each Claim) . All costs incurred in complying with additional coverages or limits (excluding additional insured and waiver of subrogation endorsements) become the responsibility of the client and are not included in the fees for services or direct charges but are billed in addition to the contract at cost, plus any professional or administrative fees. . Invoices and Payment for Services Our time reporting and billing system has certain standard formats that are designed to provide our clients with a detailed invoice of the time and charges associated with their engagement and we typically discuss these with our clients at our kick-off meeting. We are also pleased to provide our clients with a custom invoice format, but we will have to bill the client for time spent conforming our invoices to their unique requirements. Billings for professional services and charges are submitted every month, in order that our clients can more closely monitor our services. 1114 2 HF&H Consultants does not own any company automobiles. May 9, 2024 I Page 37 This page intentionally left blank 353 . ._ . - . --- i '. I . — t 1 , 1 . . 4.•`..:'4'' ' : .; le .., • ., s 4 • ,., , / 1110e el I .__,,_'•-:,:_-. _ . . , *`-i,"'1- :'-....,,,fo. I Z./ P .,r , 4k .7. 6 HF H Section 5: Additions or Exceptions tions i � i{'fir`" 1'• -14 SP $E dtl • :IL .fix+ .` w b Please see the single word insertion in Section 4.2 below. 4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify,hold harmless and defend the City lndemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys'fees,expert fees and all other costs,and fees of litigation) of every nature arising out of or in connection with CONSULTANT'S negligent performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CiTY. Alternatively, HF&H would agree to the existing indemnification section in our current contract with the City of Bell Gardens in Section 10.2 below. 10.2 Subject to the application of paragraph 10.8, to the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any property resulting from any alleged intentional, reckless, negligent,or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys'fees incurred by counsel of City's choice. I-IF H May 9, 2024 I Page 41 356 This page intentionally left blank 357 Section ■ . eninLitigation . , ... ::._ ....i --„,...„„s. • , _ ,,,, I. 4 .,... . \ ;.. .3 P. 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La Ohl Ezzet, C �' w p 'c and •3 S $ ,rs : w ,.fo k aV` 9 g r s $ +g! ,k 21 P n4ior Vice Presid enter � Range of Experience Laith Ezzet has over 30 years of experience in integrated waste management program planning and funding, solid waste collection operations, recycling and yardwaste programs, procurement and Historical Experience negotiation of solid waste services contracts, fee studies, waste diversion Years of Experience: 30+ studies, community involvement and public outreach, regulatory policy, Clients. = 156 Engagements - 757 solid waste and recycling facility feasibility studies, service cost tracking, Articles and Speeches: . 35 rate setting, landfill funding, cost-benefit analysis, efficiency studies, financial and economic modeling, industry surveys, and statistical market Education research. HF&H has negotiated solid waste agreements valued at over a M.B.A.;Tuck School of Business billion dollars. Administration at Dartmouth College Recent Results M.B.A.,Course Work at-the' • Orange County Cities - Assisting the cities of Aliso Viejo, Anaheim, London Business School Brea, Fullerton, Garden Grove, Huntington Beach, Placentia, Seal Beach,Yorba Linda and others to update their sold waste programs, A.B.,Cum Laude, Economics, contracts, and/or ordinances to comply with the requirements of SB Occidental College 1383 and/or mandatory commercial organics and recycling requirements. Professional License • City of Santa Ana — Managed a competitive proposal process for Certified Management residential and commercial services. Consulta nt(CMC),institute of Management Consultants USA ' • North Orange County Cities—Assisted four cities that contract with Republic Services to negotiate commercial organics program rates Professional History and terms to comply with AB 1826, including a rebalancing -IF&H Consultants, LLC:,1991 to ' mechanism to adjust rates after 2020 once actual participation present levels are known. • City of Manhattan Beach—Managed a competitive RFP process for Professional Organizations a new solid waste agreement that will comply with SB 1383 Past Director and Chapter requirements. Treasurer, California Resource Recovery Association(CRRA) Expertise Corporate Director,Southern • Solid Waste Rates and • Program Planning and CA Chapter,Solid Waste Operations Analysis Funding Association.of North America (SWANA) • Procurements and Negotiations • Auditing and Reporting Institute of Management • Transfer, MRF, Disposal,and • Refuse Vehicle Impact Consultants (IMC) Organics Facilities Studies Contact Information (949)251-8902 lezzet(ai hfh-consulta nts.com 364 • Karla Dfe1 Rosen:o R E a '� 4ht udt #.a�-. .-H rSenior Associate { -- �� � Range f•�ff Experk:-ance Karla Del Rosario is a Senior Associate with HF&H and brings to the firm eight years of experience in solid waste and recycling contract compliance, concise reporting, and successful diversion program development and Historical Experience implementation. Karla currently assists with profiling the city's franchise Years of Experience: 8 agreements to ensure hauler compliance (collection service, reporting,fee Clients Served: 6 1 payments,rate structure,diversion performance,etc.),strategic legislative Past Engagements: 6 . planning,effective program development,and haulertransition assistance. Education Prior to her tenure at HF&H, Karla served as a Senior Environmental B.A., Environmental Studies, Specialist with the City of Oceanside, where she synthesized data and minor in Biology-University of results to aid city management pursue effective solid waste and recycling California,Santa Cruz projects and goals, in addition to performing quality control reviews to improve data tracking and identify areas of concern. Karla also assisted in Professional History expanding litter abatement resources and improved re-use and donation HF&H Consultants, LLC-Senior opportunities through a cleanup campaign in collaboration with various city J Associate:May 2022 to present departments,the franchise hauler,and local organizations. City of Oceanside—Senior Environmental Specialist: April While at CR&R Incorporated, Karla served as a key facilitator during the re- 2021 to December 2021 negotiation and development of a new Solid Waste and Recycling Agreement for the City of Laguna Niguel. She coordinated the roll out of CR&R Incorporated— the city's residential organics recycling program in 2019,which included the SustainabilityAnalyst(most development of a how-to recycle food scraps video. In addition to 'recent role):'March 2016 to developing strategic partnerships with local leaders and civic groups,Karla March 2021 also organized various stream and sector specific waste characterizations to monitor contamination levels and tracked nearly 100%AB 341 and AB Professional Organizations 1826 compliance city-wide. Solid Waste Association of North America (SWANA) ExperitEse • Ongoing Contract Management&Transition Assistance ' • SB 1383/Legislative Planning and Compliance • Public Education &Outreach Campaigns • Diversion Program Development&Implementation Rem t Clients 4:0.04t N ,,,-- -,., O, :*---7-')- ' .t.....3,- 4,11," 4 ft ,7,1,;`": '4'4' . rz - 4° [ 4 `�. c '*` dP �� afS�} �G FOR ��y¢LAt3r414 O -77 *8 w1 Contact Information '-z ill '7:-', -� ';:`: `�e° �` ;A 11; (9.49)409=6430 k'. �'f *Ni *' kdelrosarioPhfh-consultants.com vA. ..- 365 b Sen, r,Assaci�atet r° ,, r Range o 'P Experience .r ,� 47 _ Jake Kaihewalu is a Senior Associate with HF&H and brings to the firm two k V* ; 1. years of experience in solid waste and recycling services related to contract ° compliance,technical and state reporting, public education and outreach, -_ data analytics, and program development and implementation. He Historical Experience '. currently assists with ongoing contract management and monitoring, Years of Experience: . 3 CalRecycle annual reporting and report template development, legislative Clients Served: 13u compliance (including Senate Bill (SB) 1383 program development and Past Engagements: , 19 implementation),and rate analysis projects. Education - - Prior to his tenure at HF&H, Jake served as a Sustainability Lead at CR&R B.S.,Statistics and Data.Science Environmental Services,where he served as a contract manager for several B.A., Environmental Studies solid waste agreements throughout the Los Angeles and Orange County .University of California,Santa areas. At CR&R, he focused on implementation of successful automatic Barbara - enrollment programs to achieve SB 1383 compliance while preparing the data and communication infrastructure necessary for successful container Professional History ` distribution to customers. Jake also created internal tracking tools to HF&H Consultants, LLC facilitate company-wide inventory monitoring to achieve compliance with ' Associate Analyst:June 2022 to SB 1383 requirements. " present CR&R Incorporated— Expertise Sustainability Lead.(most•recent _ • Ongoing Contract Management role):December 2020 to June • Diversion Program Planning and Implementation ' 2022; • Solid Waste Legislative Compliance (AB 341,AB 1826,and SB 1383) Live Nation(Five Point • SB 1383 Recordkeeping and Hauler Report Analytics Amphitheater)—Venue • Cost-of-Service and Rate Studies Sustainability Coordinator:June Recent Engage rents to October 2021 I - • City of Garden Grove(Ongoing)—Assisting with legislative compliance ^Professional Organizations - i and contract management,ensuring the jurisdiction's waste hauler implements programs in alignment with the franchise agreement. , Solid Waste Association of • City of Yorba Linda(Ongoing)—Assisting with contract management North America (SW NA)— and implementation of automatic enrollment of collection services. Young Professional • City of Placentia(2023)—Performed rate benchmarking analysis to compare the Placentia's solid waste rates to other jurisdictions. • City of Anaheim(2023)—Developed and implemented hauler reporting forms in alignment with legislative and agreement requirements. • City of Irvine(2023)-Drafted and submitted 2022-23 Electronic Annual Report. Recent Ciients 111.\ (eg6 itlint �o4.ro l p " (dam i,r,i 1`lt. Contact Information '$. ,, c . § i ' .-)/ (949) 374=5951 c) - 1Kaihewalu@hfh-consultants.com, ' �\' . - 366 Lindsey Lagos; -CPA e of Experience Lindsey Lagos brought 11 years of public accounting assurance experience to the HF&H Rates&Audits team.In her role as a Project Manager,she assists in rate studies, cost of service analyses, hauler contract compliance reviews, conducting competitive solid waste procurements, contract negotiation Historical Experience services,and contract management. Years of Experience: 13 Focus Areas Clients Served: 31 • Solid Waste Contract Management Past Engagements: . 65 • Solid Waste Rate Services • Solid Waste Hauler Contract Compliance Reviews ( Education • Contract Procurement and Negotiations B.S.,Accounting,Chapman • SB 1383 Compliance University Recent Projects Professional History • Contract Management. Reviewed regulatory reporting, program progress, HF&H Consultants;LLC: outreach, etc. for the cities of Irvine, Lawndale, and South Gate to help February 2020 to.Present meet their compliance goals. ° • Rate and Cost Analysis. Assisted jurisdictions in the areas of rate analysis, Moss.Adarns, LLP: cost of service studies, and negotiating solid waste rates. She assisted the Assurance Senior cities of Irvine, Aliso Viejo, Beverly Hills, El Centro, Inglewood, Lawndale, Manager,September 2008 and Paramount in controlling increases to their solid waste rates by —September 2019 evaluating waste haulers' rate adjustment requests for accuracy and (Employment was at Hein& compliance with contract-rate adjustment provisions.She assisted the City Associates through November 2017,the of Long Beach in performing a rate analysis to assist the city properly set effective date of Hein's rates. combination with Moss • Negotiations. Participated in negotiations with the existing hauler for the Adams) cities of Irvine and Aliso Viejo in amending their franchise agreement, which included rate impacts. Professional License . • SB 1383 Compliance. Amended and restated the solid waste agreements Certified Public Accountant for the cities of Aliso Viejo and El Centro to properly incorporate SB 1383 Professional Organizations requirements, which included negotiating agreement terms and rate California Society of Certified impacts with the related waste haulers. I Public Accountants(CALCPA) • Compliance Reviews. Performed or is in the process of performing hauler compliance reviews for the cities of Inglewood, Palmdale, Lawndale, Whittier, Beverly Hills, Redondo Beach, Manhattan Beach, and Aliso Viejo to determine the solid waste hauler is in compliance with a variety of key contract terms. • Procurement. Assisted the cities of Alhambra, Chino Hills, Santa Ana, and South Gate through the procurement process for new collection and recycling agreements through drafting proposal cost forms, profiling existing contracts, and analyzed hauler proposals. She assisted in drafting • an RFP for the City of Long Beach for an organics processing facility. Contact Information Recent Os its (949)251-0231 _ e.ch 4 c3'4t. ai'c LLaaosphfh-consultants.corn CJIYof 4 � m.- fy 1 iv��'rr ,�°p ,' # 'rxirott i.• ;_' 367(J .7 ‘ Co�l.lee n_ Foster, MELP. ti h I I, r. SeniorFAssoci to x ��," "I enjoy serving and helping clients meet their sustainability goals in all scenarios,always seeking ways to provide creative, collaborative,and efficient solutions and support at every stage of a project" Ra le of Experaf race Historical Experience Colleen Foster, Senior Associate with HF&H, has 20 years of experience Years of Experience: 20 with local government in solid waste and recycling, public policy, Clients Served: 6 community development and water/wastewater utility management. Her Articles and Speeches: 60 expertise is in contract administration, public competitive procurement,SB 1383 compliance, solid waste/recycling/organics planning and Education implementation,zero waste programming, regulatory compliance,climate Master of Environmental Law action,sustainable food systems/food recovery,and legislative advocacy. and Policy Vermont Law School Prior to her tenure at HF&H,Colleen led the award recognized Solid Waste B.A., International Relations and Recycling.Program (Green Oceanside)at the City of Oceanside,where UC Davis she developed extensive experience overseeing public agency diversion programming, team/staff development, stakeholder engagement, Professional Certification . voluntary and mandatory recycling and organics service rollouts, Management and Leadership in environmental inspections and programming (conservation, stormwater, Water—Cal State San Marcos zero waste), grant administration, biosolids and organics to energy planning, and leading innovative extended producer responsibility Professional History programming targeting difficult to recycle materials,single use plastics,and HF&H Consultants;LLC:June hazardous waste. In recent years Colleen has developed expertise in SB 2023 to present. 1383 regulatory compliance, managed and designed multiple model SB 1383 service programs surrounding innovative rate structures, pay as you City of Oceanside,• throw, waste prevention, food recovery, and education and outreach for Environmental Officer, 2007- diverse audiences. Colleen is currently supporting multiple clients with 2023 franchise contract administration, rate/performance analysis, SB 1383 City of South Pasadena, compliance gap analysis, compliance action planning, enforcement, Community Improvement implementation record development, and zero waste centric program Coordinator,2005-2007 development. Professional Organizations E pe eve California Product Stewardship • SB 1383/Regulatory • Stakeholder Engagement Council (Vice President) Compliance • Policies, Municipal Codes, California Resource Recovery • Contract Administration Enforcement Association (CRRA) (Past • Procurement/Negotiations • Food Recovery President/Board Advisor) • High Diversion/Zero Waste • Legislative Advocacy Systems and Programs • Education&Outreach Solid Waste Association of f • Strategic Financial Planning North America (SWANA) Recent Clients Contact Information ten`""6 of F°c4 �.+tT4,,, Al of,At. } (925)210-2462 �• �2 v .,_' a CFoster@hfh-consultants.corn. milondo rf ® NSIDE °4 " �^� ' `� a a c w �tP% ti�. liFo�+ »'- 7"nau`1c ewe 368 � _ Hta l ey 7 ,t ° u n e rt ¢>>> 4k; , -- ' 4 Project ��r anager ... 'fit. " ,-.I. .k r k 5 a 'I q'a -f'"_. Haley Kunert is a Project Manager with HF&H. Haley has two years of experience in sustainability services,gained while attending the University of *•�� °— California San Diego and over seven years with HF&H Consultants. She currently assists with SB 1383 planning and implementation, managing solid Historical Experience waste franchise agreements,legislative compliance and diversion monitoring, Years of Experience: 9 audit services,solid waste rate reviews,contract negotiation services,contract Clients Served. 38 procurements and RFPs,valuation models,program implementation services, Past Engagements: 142 grant management,CalRecycle annual reporting,community public education Education' and outreach,and conducting solid waste rate studies. B.S.,Environmental Systems, Haley is the project manager for our contract services and legislative University of California San compliance work for the cities of Inglewood,Garden Grove,Palm Desert,and Diego, La Jolla Yorba Linda.Her work on these projects includes presentations to Council and Certificate in Sustainability and community members, monitoring hauler contract compliance, tracking Behavior Change,University of legislative compliance, preparing data and information requests for California San Diego Extension CalRecycle, rate adjustment reviews, preparation or review of the EAR, and Program development of solid waste agreements and ordinances. Haley assists in the f development and review of public education and outreach. Professional History � ` Recent Engagements HF&H,Consultants,LLC:2015 to present ' . • 8 Orange County Republic Cities(Anaheim,Brea,Fullerton,Garden University of California San Grove,Huntington Beach,Placentia,Seal Beach,Yorba Linda)—SB 1383 Diego: HDH—Sustainability Planning and Negotiations Department:2013 to 2015 • City of Garden Grove—Legislative Compliance Tracking and Monitoring • City of Yorba Linda—Legislative Compliance Tracking and Monitoring Professional Organizations • City of Palm Desert—Program Monitoring&Negotiations for SB 1383 Board of Directors-Southern • City of Inglewood—Monitoring&Negotiations for SB 1383 California Waste Management • City of Anaheim—SB 1383 Implementation Planning and Ongoing Support Forum.(2017-2020.) Solid Waste.Association of Expertise North America (SWANA)Young • SB 1383 Compliance • Contract Management Professional • Ordinance Development • Community Engagement Solid Waste Association of • CalRecycle Liaison Assistance • Negotiations Assistance North America(SWANA) Southern California Chapter Recent Clients Board of Directors Representative(2019-present) ii ���ZtIER 9<' ` , lM1 Awards:2022SWANA Young. � i i Professional of the Year- r ; 4' o w iti 'z g Discretionary Region z '3 +" a �Nc-i s9g C. 'f/..trOV.7 Contact Information ` .. (949)251-0930 ' 1 v hkuriert@hfh-consultants.com GARDEN G ac . PALM DESERT 369 OLE m ' "� /'1lft `71.111114Pta."1"rr-;, , - -+ice s _ . i tire, \. `` f .—n.'.f' .:4f� �yN, Aeon P r . ors. acr 1 —., `,JI. { i. -c . : L r y vow , I t I S OD U 0.1 0j01-.1 a. g xipuoddj }I fJ i t '. i APPENDIX B: REFERENCES City of Beverly Hills—Solid Waste Rate Studies(2014, 2016,and 2020) HF&H provides solid waste rate consulting services to Beverly Hills and has performed the following work for the City:(i)estimated the residential and commercial rate revenue requirements;(ii)estimated future contractor costs; and, (iii) projected fund reserves based on operating cost assumptions and multiple scenarios. James Burnley Manager, Public Works (310)285-2475 iburnlev@beverlvhills.org City of Inglewood—Contract&Legislative Compliance(2004-Ongoing) HF&H provides ongoing consulting services that address all areas of Inglewood's solid waste services including ongoing contract management,legislative compliance assistance,and program implementation. HF&H also developed and manages hauler reporting forms to ensure contract terms are being met and compliance with legislative reporting requirements. Angela Williams Environmental Services Manager (310)412-5333 awilliams@citvofinglewood.org City of Anaheim—General Solid Waste Consultant Services(2009-Present) HF&H provides ongoing consulting services that address all areas of Anaheim's solid waste services including negotiations support; internal staff presentation and report support; rate analysis and rate survey projects; AB 939, AB 341, AB 1826, along with other regulatory compliance assistance; and, ongoing contract management services to the City. HF&H meets with the hauler monthly to review new contract implementation, reports,and service issues. Ayumi Takayasu Operations Manager (714)765-6860 atakavasuPanaheim.net City of Palm Desert—Contract Monitoring Services (2020—Ongoing)' HF&H provides ongoing consulting services that address all areas of Palm Desert's solid waste services including ongoing contract management,legislative compliance assistance,and program implementation. HF&H also developed SB 1383 reporting and tracking tools. Amy Lawrence Deputy Director of Economic Development (760)837-1664 alawrence@ palmdesert.gov 372 APPENDIX B: REFERENCES City of Irvine—Franchise Management/Waste Hauler Audits (2010-Present) HF&H provides ongoing consulting services that address all areas of Irvine's solid waste services including ongoing contract management,legislative compliance assistance,and program implementation.HF&H has also assisted the City in improving its AB 341 and AB 1826 compliance numbers and SB 1383 regulatory compliance through routine check-ins with haulers,tracking performance, and reporting findings to the City. Ryan Ramos Senior Management Analyst 949-724-6250 rramos@citvofirvine.org. City of Garden Grove—Contract&Legislative Compliance (2017-Present) HF&H provides ongoing consulting services that address all areas of Garden Grove's solid waste services including ongoing contract management,legislative compliance assistance,and program implementation. HF&H also assisted the City to implement a commercial recycling cart rate with an amendment to the franchise agreement to help encourage additional customer compliance with AB 341. Mark Ladney Senior Program Specialist, Public Works (714)741-5372 markla@eecitv.org 373 Ap ' endix City's Acknowledgementt I d a r o f , ,„,, ,,,.,„,.:,,,,,,,,,,,,;„,,,,„...,.„.„ s „„,, .,..,... ,,,_„..,, , ...,,,, Agreementme nt i. ,,,,r,,,,.,..,, ,:,„„g.,,,:,:t .., � • , µ,p yam} �k eyp� k ,. W 4 # ter „,'. ¥ '', T * � si 3 "r+,c II' 'I' :.-''':',."..';'' ''.-,,,,..-:„-,-,-4!'t ''"j'I` 0-- '.41/4 '',-.. � 9� m F # p V .,•', ---• ,#":4fli J:. v� '�tia 1' 1ro H.F 40W 1 • ACKNOWLEDGEMENT OF CITY'S STANDARD FORM OF AGREEMENT I, the undersigned, certify that I, Laith Ezzet [insert name] am the Senior Vice President [insert title] of HF&H Consultants, LLC [insert firm name], the party making the proposal for award of an agreement for SOLID WASTE CONSULTING SERVICES ("Proposer") and, on behalf of the Proposer, hereby: Accept City's Standard Form of Agreement—check one box. As is, without qualifications or modifications. x As modified by attachment. [Proposer to provide] I certify that I am authorized to sign this Consent Form on behalf of the Proposer. Executed this 3 day of May _ . , ?.024 at Walnut Creek , California. Signature of Officer Printed/Typed Name of Officer Laith Ezzet Title of Officer Senior Vice President 19 376 This page intentionally left blank 377 Appendix D S Ili ' roof Insurance ...,. . . , ......_ . 4 .. . iL•• ,....., , ... .,• ,, : . ,... ...,,,..144g...:,..) :, . ...i.r.:?•. Y "• ' '. jr• .: ' • -- ! .•••••• — •••-• - i. -vs,— - .......- --,•.,Of 44. •. af. :..,ic ....-4-L- ...• ....„‘. ....,•4... ,...:-:—..c ;,..... .--..• 7 ."'''.• . ...S'Yir .1 • '* 4 4 .--47s-4 ',41 . .;.0.114+7. -,.. ,,, ; r . , • r , '' • • ..-"k"..-' 1."-'4,,,A,.. , ',/: •, --; ‘.,- to. ,- Mt ' • • *! fr'.' ' ',L..Am '. 4('Lei.'. ' ••'r• 'I • •j; • ' .*. . 1.,..:4'Se!". ‘ •• •''S.L...lier',4.1.1c, . , \ ., ir le tik7t",•••• .".1 ity• •;•*4.1•44f':" lVd!'..1..../XV416._ ' .. •''' 4 • ,L,,r_Ape YAr7\11/ ...,rt...... t OV •WV. S.I'l S . , F i 7 ., ', ''''N. '‘ ''?../g..t.a•JI ..-..,It .JYVArlhkiNior, .19'...7..v.... . 3.r.s. ,11401111:::^tif- , :' -r... -' ''' %rTha,,,,Are.A,_ ....•• ;•,,...)"..., 'I'"'•.-'•t°.' C;X • •fti.° .. k,r;..• ',.ii....ty... ..'o, .;r.,,.-. i ..... .t.:,„,• .,. ..... . .... ..., ... , ......„„, i -14.... ,. Ak.4,0, -- ...,; .- , ,of .. .a 1 : gly' .r..., .-NI, :/-Ifv. 4,4( ,• ,• ,4 1... • tutyPt, •,,,-,, •Niic "- I ... • . ..- •• \. •,. ..... ., .., * ,i.,00z.,, ,,,I.. . .,."., ...5-....._,1..<, II 7;,.....1;•..*;•.i *,'- .I:S:'!1 .7. ,tive 7_,•?.. •:IL* A , .."%.1 vii:p j,...1:77....',.,:' .i . , 7.:N'i ::,,-"‘,4417.4 '—', •'` .. • . i • I,y'f '. . 1\ ,.."• ,L'.10 A •i ! :. r .,, ,:4 , I •,. . . • i. . . , ,... .• 7... . 14:•11 .4, s _ • „dik ,,..zt,„_ 4., i I i;II. %. i:1 ''.:„.0 a '';et" %1 i .1 r--....-7,4,51 • ilk • .1 , •, . "•, ,1 I .• t..;:•....r. 44,4, ,.: .. ! \1,,•••••••i . :P. ,4•‹* * ' i .:... , ,,,v,.94. ,.......,....„i......„, .. ,, ,fs,„,. • i,.-.........„..,• 2 '..i.ii:::i.;,-,. ..,:ts.::,... —--..k"'''.V.A.-ie„.N. . • •:-. 4 „,. .11 , .\\4- 'ki ":'Pik 4 ,,;4" ".. .. ' % :1'...,- 0 4• • ., ..- , —••• A • 1 . DATE(MMIDD/YYY1� �'► !�� CERTIFICATE OF LIABILITY INSURANCE 09/05/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. , IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ashley Mack Newfront Insurance Services,LLC (A/C.PHONE i t): (415)754-3635 FAX No): 450 Sansome Street ADDRESS:: ashley.mack©newfront.com Suite 300 INSURER(S)AFFORDING COVERAGE NAIC# San Francisco CA 94111 INSURER A: Citizens.Insurance Company of America 31534 INSURED INSURER B: Hartford Casualty Insurance Company 29424 HF&H Consultants,LLC INSURER C: Gemini Insurance Company 10833 INSURER D: 590 Ygnacio Valley Rd.Suite 105 INSURER E: Walnut Creek CA 94596 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER,DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP I LIMITSLTR. _ TYPE OF INSURANCE INS°.%NG POLICY NUMBER (MM/DD/YYYY) (fM/DDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 1,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 A OBF-D681476-06 09/06/2023 09/06/2024 PERSONAL&ADV INJURY $ GEL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY Te-r. LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY E aeD1SINGLE LIMIT $ INCLUDED ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED OBF-D681476-06 09/06/2023 09/06/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE $ XHIREDTOS ONLY X AUTOS ONLY (Per accident) AU $ X UMBRELLA IJAB X OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LIAB CLAIMS-MADE OBF-D681476-06 09/06/2023 09/06/2024 AGGREGATE $ 3,000,000 DED !RETENTION$ $ WORKERS COMPENSATION XI STATUTE ERH- AND EMPLOYERS'LIABILITY B OA FCERIMEMBEREXCLUDED?ECU11VE Y� N/A 57WECZR5765 09/06/2023 09/06/2024 EL EACH ACCIDENT $ 1,000,000 (Mandatory In NH) I I E.L DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 Aggregate 2,000,000 • Professional Liability C VNPL013999 09/06/2023 09/06/2024 Each Loss Ded 10,000 Each Claim 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Evidence of Coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HF&H Consultants,LLC ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 590 Ygnacio Valley Road,Suite 105 ,, Walnut Creek CA 94596 /ii i ( ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • 380 This page intentionally left blank 381 MIlt ir , ..1-:‘".'',,.. .. 7. ,r-1 ,10.''.. el -.., .14' 1.7.,... - 1-.,..4 1 . ' ';`,/ 17.-.4 1 fl ;:vi,- , 4' . .1 a n •%-...,...V .4 c ., ,73.- --zo .. . 1° 4 ,, ,,,- n• ,:',i, I- -1 ,-4,--‹.-. i ' , )4. ,O.-43,.. 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P PP'. ,i-t• ••• .1-"Nisr".. %., ,. •• A , I, • • .0111111M1111.1111111111111111111MO. , RLY HILLS December 28,2020 Colonel J.Burnley,Solid Waste Manager Department of Public Works Mr.Laith Ezzet,CMC Senior Vice President HF&H Consultants,LLC 19200 Von Karman Avenue,Suite 360 Irvine,California 92612 RE:Letter of Recommendation On behalf of the City of Beverly Hills,I would like to take this opportunity to express my appreciation for the many years of outstanding service provided by HF&H Consultants. Since 1993,HF&H has provided solid waste advisory services to the City of Beverly Hills,including contract procurement, franchise agreement negotiations, hauler audits, and rate analysis for the City's residential and commercial waste hauling services. The most recent projects included auditing the franchise hauler's cost of service,renegotiating the City's commercial solid waste collection and material processing contract with Athens,followed by a comprehensive solid waste rate study for residential and commercial services. The rate study was particularly challenging as the phase-in of solid waste rate increases needed to be sensitive to the economic circumstances surrounding the COVID 19 pandemic, and a year-long series of workshops and meetings were held with the Public Works Commission and City Council to address their concerns. HF&H's professional and well-qualified staff have been a benefit to the City,and I am pleased to have the opportunity to recommend HF&H Consultants to other jurisdictions. Sincerely, "". Colonel J.Burnley,Solid Waste Manager Public Works Department City ofBeverly Hills Department of Public Works 345 Foothill Road.Beverly Hills,California 90210 p(310)285-2475 f(310)278-1838 384 kelt - GARDEN GROVE SANITARY DISTRICT 4. 4-- +4 11222 ACACIA PARKWAY,P.O.BOX 339,GARDEN GROVE,CALIFORNIA 92842 January 10, 2023 To whom it may concern: The Garden Grove Sanitary District has contracted with HF&H Consultants since 2017. Initially, HF&H was under contract to assist with AB 341 and AB 1826 compliance through program development and implementation. Over the years, HF&H has become an important and reliable resource. The District has increased their scope of work to involve more components. In 2021-2022, HF&H assisted the District in negotiating an amended and restated agreement with our franchise waste hauler. HF&H staff listened to the District's needs and did their best to integrate those needs into the contract. HF&H was instrumental in negotiating lower initial rates for District residents while incorporating all components of SB 1383 compliance for single-family, commercial and multi-family developments and expanding pre-existing services. HF&H continues to work with the District to assist in monitoring the negotiated amended and restated agreement and in providing guidance to both the District and the franchise hauler on all aspects of SB 1383 and its implementation. HF&H is also helping with oversight and monitoring to keep the District on schedule with our Notice of Intent to Comply filed with CalRecycle. Their experience and advice has been invaluable, and HF&H has become a valued member of our operation. HF&H regularly assists District staff with formal presentations to the community and the District's Board of Directors. I highly recommend HF&H Consultants to any government entity in need of solid. waste management advisement, skilled program development, and implementation. Please feel free to contact me at (714) 741-5372 if additional information is needed. Sincerely, 71?ortie- --4--etf Mark Ladney Senior Program Specialist Garden Grove Sanitary District City of Garden Grove 385 Appendix F . • Acceptance of Addenda , .„ .. .. ..... ....., . ...,,, 1 . . ., .4. 1 .. .. , • .,, ..*. \ ....1, „ , . ... 4 .076 •• ',fro:6k ' - •- ' ibilitA 1614 Vie,''414.fte.!'1' ...,*et' -. .4- _'s - - - - • e, . ,,-4-:, • - .. - -, ..s, el)r, . 1 NV • , 4.2. . .;:i4:,..# i • b.4' -, • ' . .,, I •.-s . --- tillklut , t), . , 141., ... 11...t. t-•_ a • ..., .4 ' 1 . .7,'r• 4. ....'44. ""', '; ,"•• <es . i . , ;I.. • — .4 ' .. •-• 4....: .4 ' . yr" -41- , , - /` " .1-°°:-:- ....I P Vi ' k 744. • .- ' I' 09.,...ifr:. - 0 ' 4 1 -i,,,,,!..e, ......-•"". 19 411 i I I ' - .- * a - • . ' ••• • .•- s• *".14 i,'" •3• I"' •131 ' 1 I‘ - --••': I •• • •;•• ;,....Oraft% 1 i • , -4 '.' '...‘ 'al- . 4; . , - - ' •:‘_.ik.. -...... • .%;"‘„,....- .... :- l• P 4WD 4-:MOW ,•,...A., .40,,,,1/4. k.:, 1* . • 1 4 .........„0 1 1 .... ' _ I .. •'0'-"c4k -lir • s ._. .. -awl'immigeiriii116106---Vilti . It - - 386 Agle47' ‘i 1 , • .. • • • • • t • r• • , 1•11N•i•imaii • , • • F.' • • • • • • • • • • • • • • • • • • • • . . • • • • . • , . • • • , • . - • • . • . 1011. ��, r , , CITY OF BELL GARDENS PUBLIC WORKS DEPARTMENT \ a CO) 8327 GARFIELD AVENUE @ BELL GARDENS, CALIFORNIA 90201-6122 (562)806-7770 FAX(562)806-7789 WWW.BELLGARDENS.ORG REQUEST FOR PROPOSAL FOR SOLID WASTE CONSULTING SERVICES ADDENDUM NO. 1 April 25, 2024 This addendum is being issued for the REQUEST FOR PROPOSAL (RFP) FOR SOLID WASTE CONSULTING SERVICES. Submit a proposal for these services with the full understanding and full consideration of this addendum. This addendum is being issued to make the following changes: 1. The Proposal submittal deadline is extended from 11:00 A.M on Thursday, May 2,2024,to 11:00 A.M. on Thursday, May 9, 2024. Sincerer; Bema o Iniguez Director of Public Works/ Facilities The proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her proposal submittal. Failure to do so may result in disqualification of his/her proposal. May 3, 2024 Signature of Proposer Date HF&H Consultants, LLC Proposer Firm Name and Address 388 CITY OF BELL GARDENS erg Pam PUBLIC WORKS DEPARTMENT Q �,,,d,.ix.4„,-... co 8327 GARFIELD AVENUE•BELL GARDENS, CALIFORNIA 90201-6122 \ �`-14z,; `` (562)806-7770 FAX(562) 806-7789•WNW.BELLGARDENS.ORG REQUEST FOR PROPOSALS FOR SOLID WASTE CONSULTING SERVICES ADDENDUM NO. 2 May 3, 2024 This addendum is being issued for the REQUEST FOR PROPOSALS FOR SOLID WASTE CONSULTING SERVICES (RFP). Submit a proposal for these services with the full understanding and full consideration of this addendum. A. The addendum is being issued to make the following changes: 1. In the Submittal Procedures/Deadline section, the tentative schedule is revised to read as follows: Release of RFP Friday, April 5, 2024 Deadline for Questions Thursday, April 18, 2024 at 11:00 a.m. Proposal Due Date Thursday, May 9, 2024 at .11:00 a.m., Interviews with Proposers (at City's discretion) Tuesday, May 21, 2024 City Council Recommendation of Award Monday, June 10, 2024 2. In the Proposal Format and Content Requirements section, item No.5 (Cost and Pricing) is amended to read as follows: "5. Cost and Pricing: a. Proposals must include the Proposal Price Sheet attached as Attachment "A." b. For as-needed non-retainer services, proposals must include staff hourly rates, plus any other proposed costs such as mark-ups, overhead, travel, etc. An hourly fee/rate schedule must be submitted with the proposal. If the scope of work is substantially modified, the extra cost or credit must be negotiated based on the submitted hourly fees/rates." Page 1 of 3 389 Addendum No. 2 Solid Waste Consulting Services RFP Page 2 of 3 3. Page 17 of the REP is replaced with the attached Page 17R, which will serve as the Consultant's proposal price sheet. B. The addendum is being issued to incorporate the following Questions and Answers ("Q&A") into the Bid Documents: RESPONSE TO REQUESTS FOR INFORMATION NO. 1 1. Q: Under Submittal Procedures/Deadline, it states, "Postmarks by this date are unacceptable and no facsimiles will be accepted." But above it states, "three hard copy sets of the proposal (two (2) bound, one (1) unbound) shall be mailed no later than date/time of proposal submittal. A: Proposal submittals must be received by the City of Bell Gardens by 11:00 A.M. on Thursday, May 9, 2024. All delivery arrangements are the responsibility of the proposer. 2. Q: Under PROPOSAL FORMAT AND CONTENT REQUIREMENTS, 4. Minimum Qualifications, Prior Related Experience and References. It states, "This client reference list must be included as an appendix to the proposal..."Are we allowed to keep the references in this section instead? A: Please include an appendix to the proposal as indicated in the RFP. 3. Q: Under PROPOSAL FORMAT AND CONTENT REQUIREMENTS, 5. Cost and Pricing, it states that the Proposal Price Sheet is Attachment B. Should that read Attachment A? Also, is Attachment A supposed to be a pricing form? A: Please refer to the changes outlined above for clarification. Consultants must insert their compensation document in accordance with the Scope of Work listed on the RFP. 4. Q: Do we need to complete and submit Attachment B: Acknowledgement of City's Standard Form of Agreement with our proposal? A: Yes, the proposal should include the signed Acknowledgement of City's Standard Form of Agreement. 5. Q: Does the City currently have a preferred annual report and/or SB 1383 data tracking system? A: The City does not have a preferred annual report and/or SB 1383 data tracking system. However, it is the City's intention to have unrestricted access to such systems and any data pertaining to the City of Bell Gardens. 390 Addendum No. 2 Solid Waste Consulting Services RFP Page 3 of 3 , 6. Q: According to the RFP, the "term of the Agreement will be for three (3) years with up to two (2) optional one-year extensions." Can the City provide an estimated yearly budget for this project? A: Total budget allocations are unknown at this time as the City anticipates awarding a contract for solid waste consulting services based on its needs. Compensation will be negotiated with the selected flan. For reference only, interested parties may access the City's current solid waste consulting agreement and pertinent information here. Hard copies may be requested via Public Records request through the City Clerk's Office. 7. Q: Current Vendor. Please identify the private firm currently providing the City with solid waste consulting services at this time, outline the scope of services, schedule of the hourly rates for services, and indicate the tenure of the incumbent vendor. A: All information regarding the existing solid waste consulting agreement can be found here. 8. Q: Please advise as to the City's current annual budget for these services, including a disbursement schedule if funding is allocated on a monthly basis within the City's annual or biennial budget cycle. A: Please refer to response to question No. 6. Sincerely, RESPONSE TO REQUESTS FOR INFORMATION NO. 1 Bernardo lniguez Director of Public Works/ Facilities • The proposer shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her proposal submittal. Failure to do so may r sult in disqualification of his/her proposal. ' 11 4 May 8, 2024 Signature of Proposer Date HF&H Consultants, LLC, 281 Business Center Dr, Suite 265, Irvine, CA 92612 Proposer Firm Name and Address 391 This page intentionally left blank 392 • HF&H Consultants, LLC 2081 Business Center Dr,Suite 265 Irvine,CA 92612 393 ,............„ ,,, , ,xwIANG7. *‘) 4/ +•••• p R P O Rq T'e.• look 4;5•• \\ " FD �% • • 1.,. ,.:,,,_ it//l , (tile, fir. , q em 24 -55 - - , , -=. rr ,,,, Amend Professional Services Contract - - '.• , with HF&H Consultants, LLC 40. \,' ej7 1 so rs•-• . - . ck... 9 -- •. 40 September 17, 2024 •....NT • Q ` / tr'i/F ���'/Al 394 Background • On Oct. 6, 2021 , City entered into Professional Services Contract with HF&H Consultants, LLC to review Solid Waste Franchise Agreement and negotiate SB 1383 compliance with Republic Services • Amendment No. 1 to this agreement was approved July 5, 2023 • Amendment No. 2 is proposed which will include additional services for SB 1383 franchise negotiations, SB 1383 implementation services, and a term extension of 3 years SB 1383 Franchise Negotiations • The negotiations process has extended beyond the timeline anticipated with Amendment No. 1 • Estimated additional cost of services to conclude SB 1383 negotiations with Republic Services is not to exceed $49,000 - • Completion of this process will provide an SB 1383 compliant agreement and provide the City with a ' ;I\ Tp modernized, robust solid waste agreement for the ,r,°= -_ •:����\ remaining 13-year solid waste franchise term SB 1383 Implementation Services • Amendment No. 2 extends the term for 3 years to provide additional SB 1383 implementation and compliance services • Services include: o a comprehensive review of SB 1383 required recordkeeping o staff training across multiple city departments including Public Works, Finance and Planning �'° -•��N`�P�RArF '.���� o franchise agreement monitoring fir ; 1 COuNTN I' SB 1383 Implementation Services • Cost of the additional SB 1383 implementation assistance is not to exceed $364,000 • These services are funded by CalRecycle SB 1383 Local Assistance Grant OWR4 awarded earlier this year • In lieu of city RFP process, this procurement utilizes an interagency agreement between HF&H and City of,,,�NTiNCT I�O��N,;,;;gT". Bell Gardens awarded June 10, 2024 so -_ :____ •se••.,.�� �e � "� sic �oL/NTy ;,/#� Recommendation • City Council approval is required for Professional Services Contracts of $ 100,000 or greater and for a 3- year term extension • Staff is recommending approval of Amendment No. 2 to Professional Services Contract Between City of Huntington Beach and HF&H Consultants, LLC to increase the not to exceed limit by $413,000, from ,,j;\N-rirucro $ 115,000 to $528,000 and to extend the term for 3dbwima additional years �" �--=--== --- . ;;_ � couNTY '�i� Al s o1;::' r Questions ? vk� Y 4 ex hg # / .M "' 17sjt"u.. eN"'` "rz `.� '��°'^ w '�^"$S�g` ry ' a �... :"qa - 'm,,13 � 1;„.„0„..„.„ 13,11,1,m, k tto 4 �^ `d"'�;w -I � na�'I 1..-�4 `^'Y.f " "+� ;;; wf 'T...7 4r ,' a, " �, ", q 4: .:. '* ` 3 t 4 . t t 1" h `c .:14,0,4144 x� y '" c ki, to '!,1 ,y, '""'a „ ,- n , 7 m, . -„ • .,. eti 'r' w^b+ fir" 1 ram* �-ems tt x �0 .•I. ssa `` 'n ,.«f'. t, � ,�,` ,. 1 �""� q i�r"� r"�.*n�,,,� aid e • � �, Y 6, * a r „ b ♦I fit .,: '�, „r �iaat f - 1,r-'.u, n. l *awe �" .-, -�y„ ^r+ ..way y t''-;.'' ,.. '- r w�a "9� -1`4f ,ti•�- �,r i ' ��t' tom,, , g �� P .r� • : ¢ oATINGT0`_ 2000 Main Street, - Huntington Beach, CA City of Huntington Beach 92648 iI'/ OVtD 7-0 � GUNTY CP File #: 23-496 MEETING DATE: 7/18/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Al Zelinka, City Manager VIA: Alvin Papa, Acting Director of Public Works PREPARED BY: Debra Jubinsky, Senior Management Analyst Subject: Approve and authorize the execution of Amendment No. 1 to the Professional Services Contract between City of Huntington Beach and HF&H Consultants, LLC for negotiation services for SB 1383 compliance to increase the contract amount by $40,000 for a total not to exceed $115,000 Statement of Issue: The City has an existing professional services contract with HF&H Consultants, LLC to provide negotiation services for SB 1383 compliance. The timeline for this process has exceeded the initial estimate, and additional services are required to complete the process. Staff is requesting approval of an amendment to the contract to increase the original $75,000 not to exceed limit by $40,000 for a total not to exceed contract of$115,000. Financial Impact: Funds in the amount of$40,000 are available in the Refuse Professional Services account no 50485103.69365. Recommended Action: Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional Services Contract Between City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services for SB 1383 Compliance." Alternative Action(s): Do not approve this Amendment, and direct staff on how to proceed. Analysis: On October 6, 2021 the City entered into a professional services contract with HF&H Consultants, LLC in the amount of$75,000 to review our existing Solid Waste Franchise Agreement and negotiate SB 1383 compliance with the City's solid waste hauler, Republic Services. This process has City of Huntington Beach Page 1 of 2 Printed on 7/13/2023 pov,ereb74 Leg star'' File #: 23-496 MEETING DATE: 7/18/2023 extended beyond what was contemplated in the original service proposal, which is due in part to the bottleneck created by multiple jurisdictions negotiating for SB 1383 compliance at the same time with the same haulers. HF&H Consultants, LLC were selected for this project, because of.their expertise and experience with solid waste contracts, their experience with SB 1383 compliance, and their familiarity working with Republic Services on behalf of other cities. HF&H developed four SB 1383 Model Implementation Tools for CalRecycle that are used by jurisdictions statewide. In addition to Huntington Beach, their clients include the County of Orange and 10 cities in Orange County, including 8 that also contract with Republic Services. It is necessary to continue their services to successfully complete the Franchise Agreement updates for SB 1383 compliance. Based on an estimate from HF&H, staff is proposing to increase the contract by $40,000 which includes $35,000 in additional services plus a small contingency of$5,000 for unforeseen issues. This Amendment increases the total not to exceed contract limit from $75,000 to $115,000. City Council approval is required for Professional Services contracts of$100,000 or greater. Environmental Status: Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Infrastructure & Parks Attachment(s): 1. Amendment No. 1 to Professional Services Contract Between City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services for SB 1383 Compliance 2. Professional Services Contract Between the City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services for SB1383 Compliance 3. PowerPoint Presentation City of Huntington Beach Page 2 of 2 Printed on 7/13/2023 powere1i74 LegistarTM AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HF&H CONSULTANTS, LLC FOR NEGOTIATION SERVICES FOR SB1383 COMPLIANCE THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation,hereinafter referred to as "City,"and HF&H CONSULTANTS, LLC,hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated October 6, 2021, entitled"Professional Services Contract Between the City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services for SB1383 Compliance"which agreement shall hereinafter be referred to as the"Original Agreement"; and City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Forty Thousand Dollars ($40,000.00). The additional sum shall.be added to the original sum of Seventy Five Thousand Dollars ($75,000.00), for a new contract amount not to exceed One Hundred Fifteen Thousand Dollars ($115,000.00). 23-12956/311680 1 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on July 18 , 2023. HF&H CONSULTANTS, LLC CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: p/> /z--70 print name ITS: (circle one)Chairma resi en ice President Mayor AND 9.644,z111.44-4) By: datA ` City Clerk` / / `*By: eV-T INITIATE N OVED: print name ITS: (circle on<Secretar)Chief Financial Officer/Asst. Secretary-Treasurer Director of Public Works EVIE ED AN APP VED: City ana er APPROVED A FORM: y Attorney t<qJ 23-12956/311680 2 ' A'C RO t CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) < 9/07/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMfi CT Holly Alessi • Newfront Insurance Services,LLC PHO N FAX o.Est):: (415)754-3635 FX,No): 450 Sansome Street E-MAIRLESS: holly.alessi@newfront.com aessi@newlront.com ADD Suite 300 INSURER(S)AFFORDING COVERAGE NAIL ft San Francisco CA 94111 INSURERA: Citizens Ins Co of America 31534 INSURED INSURERS: Hartford Casualty Ins Co 29424 HF&H Consultants,LLC INSURER c: Gemini.Insurance Company 10833 INSURERD: Underwriters Lloyds London(IL) 15792 _ 590 Ygnaclo Valley Rd.Suite 105 INSURER E: Walnut Creek CA 94596 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM.OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP W LIMITS INSO VD POLICY NUMBER (MM/DO/YYYY) (MM/DDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR PREMISS(Ea RENTED 1 000,000 PREMISES(Ea occurrence) $ , MED EXP(Any one person) $ 10,000 A X OBF-D681476-05 09/06/2022 09/06/2023 PERSONAL&ADV INJURY $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY Tai, LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ INCLUDED (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A AALL TOS NED — SCHEDULED OBF-D681476-05 09/06/2022 09/06/2023 BODILY INJURY(Per accident) $ X HIRED AUTOS X AUTOSwNED (Perraccident)t)AMAGE $ $ )( UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LIAB CLAIMS-MADE OBF-D681476-05 09/06/2022 09/06/2023 AGGREGATE $ 3,000,000 DED RETENTIONS $ WORKERS COMPENSATION X MUTE STATUTE ER B OFFICERJMEMBEREXCLUDED?ECUT1VE Y/N N/A 57 WEC ZR5765 09/06/2022 09/06/2023 E.L.EACH ACCIDENT $ 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Errors and Omissions Each Claim$2,000,000 Claims-Made Deductible 09/06/2022 09/06/2023 General Aggregate$2,000,000 Deductible$10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) (Insurer D)-Cyber Liability-ESL0039517167-(09/06/2022-09/06/2023)-Each Claim$1,000,000 The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are IOIMompikShcitIanp I ed as required by a written contract with respect to General Liability.Coverage Is Primary and Non-Contributory. l3y: C ;a MICHAEL E. OATES \ CITY ATTnRAIPY CERTIFICATE HOLDER CANCELLATION (:I"r'Y OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN:DEBRA JUBINSKY ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 2000 Main Street / � Huntington Beach CA 92648 ' I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD • • PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OFI-R.INTINGTON BEACH AND HFaH CONSULTANTS,LLC FOR • NEGOTIATION SERVICES FOR 8)31383'COMPLIANCE THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , HF86I1 Consultants, LLC hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide negotiation services for SBi 383 compliance; and Pursuant to documentation on file in the office of the City Clerk,the provisions of the Huntington Beach Municipal Code, Chapter 3,03, relating to procurement of • professional service contracts have been complied with;and CONSULTANT has been selected to perform these services, NOW,THEREFORE,it is agreed by CITY and CONSULTANT as follows: 1, SCOPE OF SERVICES CONSULTANT shall provide all service as described in Exhibit""A.," which is attached hereto and incorporated into this Agreement by this reference, These • services shall sometimes hereinafter be referred to as the"PROJECT." CONSULTANT hereby designates Leith Ezzet who shall represent it and be its sole contact and.agent in all consultations with CITY during the performance of this Agreement, • 21-10425/266899 05/19-204133 1 of 13 • 178 2, CITY STAFF ASSISTANCE CITY shall assigne staff coordinator to work directly with CONSULTANT in the performance of this Agreement, 3; TERM;TIME OF PERFORMANCE! Time is of the essence of"this Agreement. The services of CONSULTANT OrtRIXr are to commence on. ,20 1 (the "Commencement Date"). This Agreement shall automatically terminate three(3) years from the Co nn enceinent Date, unless extended or sooner terminated as provided 'herein. All tasks specified in. Exhibit "A" shall be completed no later than three (3) years from the Commencement Date, The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT. be bound by all terms and conditions as provided herein, . 4. COMPENSATION In consideration of the performance of the seiviees described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in • • Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses,,not to exceed Seventy Five Thousand Dollars ($75,000 00), • 5, EXTRA WORK In the:event CITY requires additional services not included in Exhibit"A" • or changes in the scope of services described in Exhibit PA," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional 2140425/266899 05/19.204135 2 of 13 179 compensation for such extra work shall be allowed only if the prior.written approval of CITY is obtained,s • . 6, METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the ter of Exhibit"B." 7, DISPOSITION OF PLANS,ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all.original drawings, designs;reports, both field and office notices, calculations, computer code, language, data of progranis, maps, memoranda, letters and other docuinents, shall belong to CITY, and CONSULTANT shall turn these materials.over to CITY upon expiration or termination of this Agreement or upon PROJECT completion,whichever shall occur.first, These materials may be used by CITY as it sees fit, 8. HOLD HARMLESS A, CONSULTANT hereby agrees to protect, defend, indemnify and hold luumless CITY, its officers, elected or appointed officials, employees, agents and. volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (er CONSULTANT's subcontractors, if any) negligent Eer—alleged. -negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its, officers, agents or' employees except such loss or damage which was caused by the sole negligence OT willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's comet. This indemnity shall 21-10425/266899 • 05/19-204133 3 of 13 180 apply to all.claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as:limitation upon. the amount of indemnification to be , f provided by CONSULTANT. B, To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Vold Harmless provision applies in place of subsection A above: 'CONSULTANT hereby agrees to protect, defend,,indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from,and'against any and all claim, damages,losses, expenses, demands and defense costs (including, without limitation,costs and fees of litigation of every nature or liability of any kind or nature)to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend changed to CONSULTANT exceed CONSULTANT'S proportionate percentage of fault, However, notwithstanding the previous sentence,in the event one or mote other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and.confer with CITY and other defendants regarding unpaid defense costs. The dutyto indemnify,including the duty and the cost to defend, is limited as provided in California.Civil Code Section 2782,8, C, Regardless of whether subparagraph A or B ;applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation; This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable, The policy limits do not act as a • limitation upon the amount of indemnification to be provided by CONSULTANT, • 21-t042S/266899 ' 05/19-204133 4 of 13 181 9, PROFESSIONAL.LIABILITY INSURANCE CONSULTANT shall obtain and finnish•to CITY a professional liability insurance policy covering the work performed by it hereunder, This policy shall provide coverage for CONSUi,TANT's professional liability in an amount not less than One Million Dollars ($1,000,00000) per occurrence and in the aggregate, The above- mentioned insurance shall not contain a self insured retention without:the express written consent of.CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000;00) or less is permitted, A.claims-made policy shall.be acceptable if the policy further provides that: A, The policy retroactive date coincides with or precedes the initiation of the scope of work-(including subsequent policies purchased as renewals or replacements), B, CONSULTANT shall notify CITY of circumstances or incidents that m ight give rise to futurre'claims. CONSULTANT will make every effort to,maintain similar insurance during the required extended period of coverage following PROTECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended repotting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refutes to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith.terminate this Agreement. Such termination shall not 21-10425/266899 05/19 204133 5 of 13 • 182 effect Consultant's right to be paid for its time and materials expended prior to notification of termination, CONSULTANT waives the right°to receive compensation and}agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY, 10, CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a oenifxcate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each cai'xier and.policy; B. state that-the policy is+currently in force;and C. shall promise that such policy shall not be.suspended, voided or . canceled by either party, reduced..in. coverage or in limits except after thirty (30) days'prior written,notice;'however,,ten (10) days' prior written notice:in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANrs'defense,hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance, CONSULTANT shall pay,in a prompt and timely manner,the premiums on the insurance hereinabovve required, • 2I-10425/266899 OS/19-204133 6 of 13 183 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at,all times in the performance of this Agreement as an°independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost,and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required.hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT'S services hereunder at any time with or • without cause,and whether or not the PROJECT is frilly complete.. Any termination of this Agreement by CITY shall be made in writing,•notice of which shall be delivered to CONSULTANT as provided herein, In the event of tetminatioiz, all finished and unfinished documents,exhibits;report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work.hereunder shall • not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment,delegation or approved assignees, delegates and subconsultants must satisfy subcontract is approved, all app z' � • the insurance requirements as set forth in Sections 9 and 10 hereinabove, 2140425/266899 7 of 13 05/19-204133 184 14, COPYRIGHTS/PATENTS • CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15, CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement, No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code, ' . • 16, NOTICES. Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CQNSULTANT's agent (as designated in Section 1 hereinabove)or to CITY as the situation shall warrant,or by'enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the.United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices,•.certificates or other coinmunication s will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S, certified mail-return receipt requested: • TO CITY: TO CONSULTANT: City of Huntington Beach HFBH Consultants,:LLC ATTN. Debra Jubinsky AWN: Laith Ezzet 2000 Main Street 19200 Von Kaman Ave;,Ste 360 Huntington Beach, CA 92648 Irvine,C.A.92612 • 21-40425/266899 05/19-204133 8 of 13 185 • • 17, CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one,transactioh or event shall not be deemed to be a consent/approval to.any;subsequent occurrence of the same or any other transaction or event,. 18, MODIFICATION No waiver or modification of any language in:this Agreement shall be valid • • unless inwriting,and duly executed by both payties. 19.. SECTION HEADINGS • The titles,captions,section,paragraph and subject.headings;,and descriptive phrases at the beginning of the various sections in:.this Agreement are merely descriptive> and are.included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20, INTERPRETATION OF-THIS AGREEMENT The language of all parts of this Agreement shall in.all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties, If any provision of'this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable,void, illegal or invalid, such holding shall,not invalidate or•affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be'deemed dependent upon any other unless so expressly provided here. As used in this Agreement,the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act 2140425/266899 05/19 20433 9 of 13 • 186 • contrary to law,and wherever,there is any conflict betweenany provision Contained herein and any present or future statute,law,ordin.ance-or regulation contrary to which the parties have no right to contraet, then the latter shall prevail, and the provision,of this Agrement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, 21, DUPLICATE ORIGINAL The original of this Agreement and 0110 or more copies hereto have been prepared and signed in counterparts as duplibate originals,each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Bach duplicate original shall be deemed.an original instillment as against any party who has signed it, 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laWs of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification, 23, LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontracter work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City.Charter Section 309,the City Attorney is the exclusive . • legal counsel.for CITY; and CITY shall not be liable for payment of any legal services - expenses incurred by CONSULTANT. 21-10425/266899 05/19-204133 10 of 13 187 24, ATTORNEY'_S:FEES In the event suit is brought by either party to construe; interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof', • each party shall bear its own,attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25, SURVIVAL Terms and conditions of this Agreement, which by their.:sense and context survive the expiration or termination of this Agreement,shall so survive. 26. GOVERNING LAW. This Agreement shall be governed and.construed in accordance with the laws of the State of California, 27. ' SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind:their respective parties to each of the terms of this Agreement, and shall indemnify CITY.fully for any injuries or damages to CITY in the event that such authority or power is not,in fact,held by'the signatory or is.withdrawn. 28. ENTIRETY • The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the :opportunity to consult with legal counsel prior: to executing this Agreement, 'The parties also acknowledge and agree that no representations,inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that palrty's behalf;,which are not embodied in this Agreement, and that that party has not executed this Agreerxient in reliance on any representation, inducement, 21-10425/266899 05/19-204133 11 of 13 188 promise, agreement, warranty, fact or circumstance.riot expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof, 29. EFFECTIVE DATE This Agreement shall be effective on.the,date of its approval by the City Attorney, This Agreement shall expire when terminated as provided herein. ZN WITNESS -WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers,• • • • 21-10425/266899 osn9-204133 12 of 13 189 • • CONSULTANT,,, CITY OF HUNTINGTON BEACH, HF&H CONSULTANTS,LLC a nutiicipal corporation of the State of Cal 4inia i4J " x • wPii�/�•�'b•� Oga City Manager • print name ITS:(circle one)Chairman/ re de i/.Vice President INITIA D AND • OVED: AND Dn. ton of Public W-Ork6 z- (The i • APPROVED AS TO FORM; pilot,namo ITS:(cirela'one eei'etaiy hlof Finanolal.Officer/Asst,Searotary—Treasurer 0-)City Attorney Date • RECBIVB AND.FILE: • 6c2r441, 9udJ& City Cleric Date iv/7.-/Z • • • • • 21 10425/266899 05/19-204133 13 of 13 190 EXHIBIT"A" A, STATEMENT OF WORK: (Narrative of woit to be performed) Assist in negotiating a contract amendment or restated agreement to implement the required program under SB 1383, B, CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1.. Prepare for and Conduct Kickoff Meeting with City Staff to Finalize Updated Negotiation Strategy. • • 2, Develop List of Contract;Service Enhancements, 3, Negotiations to Conform'Services,Terms and Conditions. 4. Review and Analyze Proposed Rate Impacts, • 5, Develop Updated Agreement 6, Prepare for and Attend One City Council Meeting. • C, CITY'S DUTIES AND RESPONSIBILITIES • D. WORK PROGRAM/PROJECT SCHEDULE: • • • • • • • EXHIBIT A • 191 • EXHIBIT"BP • PayMent Schedule(Hourly Payment) •A, Hourly Rate • CONSULTANT'Sfees,for such services shall be based upon the following hourly Tate and cost schedule: Position Rate Senior Vice president $299 . Senior Manager $275 Senior Assodate/Project'Manager $179 to$249 Associate Analyst $1.60 to$175 Assistant Analyst %Sato$159 Administrative Staff $99 to$115 • • 13, 'Travel, Charges for time,during travel are not reimbursable C. tilling • 1. All billing shall be done monthly in fifteen(15) minute hicreinents and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it, 2. Each month's bill should include a total to date. That total should provide,at a glance, the total fees and costs 'incurred to date for the project. 3. A copy of memoranda, letters,reports, calculations and other.documentation prepared • by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks, In the event CITY rejects or has comments on any such product, CITY shalt identify specific requirements for satisfactory completion. 4, CONSULTANT shall submit to CITY an invoice for each monthly payment due Such invoice shall: A) Reference this Agreement; B) Describe the services performed, C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this. Agreement;and E) For all payments include an.estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is 'making satisfactory Progress toward completion of tasks in acoordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty(30) days of receipt of the invoice by CITY, Such approval shall not be unreasonably Withheld. If CITY does not approve an invoice, CITY shall notify • 1 Exhibit B • 192 • CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties,agree that past perfonnance by CONSULTANT is in, oi:has been brought • into compliance, or until this.Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing 'by CITY shall be invoiced separately to crry, Such invoice shall contain all of the • information required above, and in addition shall list the hours expended and hourly rate charged for such time, Such invoices shall be approved by CITY if the work performed is in'accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is hoourate, Such approval shall not be unreasonably-withheld, Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart fiom the ongoing performance of the remainder of this Agreement, • • • • • . • • • • • • • • • • • • • • • 2 ExhibitE • 193 • • CITY OF HUNTINGTON 9EACH •• Higli WorkplanforS6-i889 ContractingAsslstance v t t t :..t11 r`-ySt ,, i t `t } ; tt t at r Ott ic> F 1. t�ti t Y 5i tt rt ?_}'' t �I,•�7 tcii s. t tq 4 • t SN 1 rr ,} tr)919C ; r >� r i•, '`SI t i t• t 1 tx - r I! y,. +- 1 ,,i ! SS VIca ' SI Pro eCt 1 11(lannl,elb Assist'111t .Total tloyrsf sT4 5 1 4, ri i r t• 1 i5 T s i1'Sr' •tt } 'PE.60 )FYI P51 x 4 I;i t' r i S `.•r.r i ij. t } I i.(11 Presi11e1i4 1 Mntlnchl Scptoi Anlfys glees t,.'`,fit. t : t/ ,-,tiO.T rr 5 1 11 6 ti i, .... ., x,.,i 1 •t 1..,, 1 s .As50C1 to 1°tat 1 .. .;L ,,,„ t s f 4 t a t,a..,l 1 Y n- } m.a- }..1....-,. Ste. y;,. r Contract N ogotlations with Republic 1 Prepare for and ConductKickoffMeeting with City Staff 6 - 10 16 • 2 Develop List ofContractServica Enhancements 6 14 8 28 3 Negotiations to Confirm Services,Terms;and Conditions '72 72' 6 150 • 4 Review and Analyze,Proposed Rate Impacts 20 30 10 60 5, develop Updated Agreement 14 8 80 52 6 Prepare for and Attend One City Council Heating 4 s. Contract Negotiations Hours 122 8 162 24 316 Contract Negotiations Consulting•rees $ 36,478'$ 2,20D $ 32,288 $• 3,816 •$ 74,732 Contract Negotiations Expenses . , , pe, ct Neilotietions 50 " ;, ."....;..wv.,.-M.....t . .,.'-.+M:n«:,°„...„,„,..,. .w,M,M 1"„ ,• ",,m $ 710 Total Contra 0 Total Hours 122 .8 162 • 24 316 Hourly Rates $ 299 $ 275 '$ 1.89 $ 159 Total Consulting'Ones $ 36,478 $, 2,200 $ •32,238 $ 8,616 ,$ 741732 Totat.EXpenses 268 Total Pees and Expenses • •$ 75;000 (1)Hours may be shifted among tasks, ` • • • 6/10/2021 4 HI&H Consultants,LW • • 194 ' CITY OF GARDEN GROVE GARDEN GROVE OFFICE OF THE CITY CLERK Steve Jones Safeguard all official records of the City. Mayor Conckid Munk/pa/eieetions and oversee leg islative athninistration. Kim Bernice Nguyen Provide reliable, accurate, and timely information to the 11,:iyorPiil Toni - Di‘.Li Id t City Council, staff, and the general public. George S. Brietigarn Council 14ninber-•District I John R.O'Neill Council (+who -District 2 Diedre Thu-Ha Nguyen Council Member Dist rid 3 March 30, 2021 Patrick Phat Bui 01(11101 tvininher Dislrld 1 Stephanie Klopfenstein • Council • District 5 HF&H Consultants, LLC 19200 Von Karman Avenue, Suite 360 Irvine, CA 92612 Attention,: Laith Ezzet, Vice President • Enclosed is a fully executed original set of the Professional Services Agreement by and between the Garden Grove Sanitary District and HF&H Consultants, LLC, to provide for contract negotiation assistance to ensure Senate Bill (SI3) 1383 compliance, The Garden Grove Sanitary District Board of Directors approved the agreement at their meeting held on March 23, 2021, Sincerely, Teresa Pomeroy, CMC Secretary/City Clerk By: Liz Vasquez Deputy Secretary Enclosure c: Finance Department Finance Department/Purchasing Public Works Department 11222 Acacia Parkway P.0,13ox 3070 6 Garden Grove, CA 92842 gocity,org 195 • •k. at t ALCOP Y. PROFESSIONAL SERVICES AGREEMENT • THIS AGREEMENT is made this "'day of F Gil L ,2021, by the GARDEN GROVE SANITARY DISTRICT, a California special district, ("DISTRICT") and HF&H CONSULTANTS, LLC, herein after referred to as"CONSULTANT". RECITALS The following recitals are a substantive part of this Agreement: 1. DISTRICT is a subsidiary district of the City of Garden Grove. This Agreement is entered`into pursuant to Board approval on March 23, 2021. 2. DISTRICT desires to utilize the services of CONSULTANT to provide for contract negotiation assistance to ensure Senate Bill (SB) 1 383 compliance (Attachment"A"). 3. CONSULTANT is qualified by virtue of experience, training, education and expertise to accomplish services. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Term and Termination This Agreement shall cover services rendered from date of this Agreement until the services described in CONSULTANT'S proposal have been completed. This agreement may be terminated by the DISTRICT without cause. In such event, the DISTRICT will compensate CONSULTANT for work performed to date in accordance with proposal which is attached as Attachment A and is hereby incorporated by reference. CONSULTANT Is required to present evidence to support performed work. 2. Services to be Provided. The services to be performed by CONSULTANT shall consist of tasks as set forth in CONSULTANT's Proposal. The Proposal is attached as Attachment A, and is incorporated herein by reference. The Proposal and this Agreement do not guarantee any specific amount of work. 3. Compensation. CONSULTANT shall be compensated as follows: 3.1 AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of Seventy Five Thousand Dollars ($75,000.00), payable in arrears and in accordance with CONTULATANT's Proposal in Attachment"A". 3.2 Payment. For work under this Agreement,payment shall be made per invoice for work completed. For extra work not a part of this Agreement, a written authorization by DISTRICT will be required, and payment shall be based on schedule included in Proposal.(Attachment A). 1505432.1 196 3.3 Records of Expenses. CONSULTANT shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These.records will be made available at reasonable times to DISTRICT. 3.4 Termination. DISTRICT and CONSULTANT shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by DISTRICT,then the provisions of paragraph 3 would apply to that portion of the work completed. 4. Insurance requirements. 4.1 COMMENCEMENT OF WORK. CONSULTANT shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the DISTRICT.. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the DISTRICT of any material change, cancellation, or termination at least thirty(30)days in advance and provide a Waiver of Subrogation in favor of the DISTRICT. 4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONSULTANT and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law,if applicable. 43 INSURANCE AMOUNTS. CONSULTANT shall maintain the following insurance for the duration of this Agreement; (a) Commercial general liability in an amount of $1.,000,000.00 per occurrence (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to DISTRICT and have a Best's Guide Rating of A-,Class VII or better,as approved by the DISTRICT. (b) Automobile liability in an amount, of $1,000,000.00 combined single limit (claims made and modified occurrence policies are not acceptable), Insurance companies must be acceptable to DISTRICT and have a Best's Guide Rating of A-,Class VII or better, as approved by the DISTRICT. (c) Professional liability in an amount not less than $1,000,000. Insurance companies must be admitted and licensed In California and have a Best's Guide Rating of A-,Class VII or better, as approved by the District. If the policy is written on a"claims made"basis,the policy shall be continued in full force and effect at all times during the term of the agreement, and for a period of three (3) years from the date of the completion of services provided. In the event of termination, cancellation, or material change in the policy, professional/consultant shall obtain continuing insurance coverage for the prior acts or omissions of professional/consultant during the course of performing services under the term of the agreement The coverage shall be 2 197 evidenced either by a new policy evidencing no gap in coverage, or by obtaining separate extended "tail"coverage with the present or new carrier. 4.4 An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate DISTRICT, its officers,officials,employees, agents,and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONSULTANT. CONSULTANT shall provide to DISTRICT proof of insurance and endorsement forms that conform to DISTRICT's requirements, as approved by the DISTRICT.. 4.5 An Additional insured Endorsement for the policy under section 4.3 (b) shall designate DISTRICT, its officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONSULTANT. CONSULTANT shall provide to DISTRICT proof of insurance and endorsement forms that conform to DISTRiCT's requirements, as approved by the DISTRICT. 4.6 For any claims related to this Agreement, CONSULTANT's insurance coverage shall be primary insurance as respects DISTRICT, its officers, officials, employees, agents, and volunteers, Any insurance or self-insurance° maintained by the DISTRICT, its officers, officials, employees, agents, and volunteers shall be excess of the CONSULTANT's insurance and shall not contribute with it. 4.7 If CONSULTANT maintains higher insurance limits than the minimums shown above, CONSULTANT shall provide coverage for the higher insurance limits otherwise maintained by the CONSULTANT. 5; Non-Liability of Officials and Employees of the DISTRICT. No official or employee of DISTRICT shall be personally liable to CONSULTANT in the event of any default or breach by DISTRICT,or for any amount which may become due to CONSULTANT. 6 Non-Discrimination. CONSULTANT covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap,national origin,or ancestry, in any activity pursuant to this Agreement. 7. Independent Contractor. It is agreed to that CONSULTANT shall act and be an independent contractor and not an agent or employee of the DISTRICT, and shall obtain no rights to any benefits which accrue to DISTRICT'S employees. 8. Compliance with Law. CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government. CONSULTANT shall comply with, and shall be responsible,for causing all contractors and subcontractors performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable,the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The District makes no 3 198 warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements. 9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. (Address of CONSULTANT) HF&H CONSULTANTS, LLC. 19200 Von Karman Avenue, Suite 360 Irvine, CA 92612 Attention: Laith Ezzet, Senior Vice President (Address of DISTRICT) (with a copy to): City.of Garden Grove. Garden Grove City Attorney 11222 Acacia Parkway 11222 Acacia Parkway Garden Grove,CA 92840 Garden Grove, CA 92840 10. CONSULTANT'S PROPOSAL. This Agreement shall include CONSULTANT'S proposal or bid which shall be incorporated herein by reference. In the event of any Inconsistency between the terms of the proposal and this Agreement,this Agreement shall govern. 11. Licenses, Permits, and Fees. At its sole expense, CONSULTANT shall obtain a Garden Grove Business License, all permits,and licenses as may be required by this Agreement. 12. Familiarity with Work. By executing this Agreement, CONSULTANT warrants that: (1) it has investigated the work to be performed, (2) it has investigated the site of the work and is aware of all conditions there, and (3) it understands the facilities, difficulties,and restrictions of the work under this Agreement. Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the work or as represented by DISTRICT, it shall immediately inform DISTRICT of this and shall not proceed, except at CONSULTANT's risk, until written instructions are received from:DISTRICT. 13. Time of Essence. Time is of the essence in the performance of this Agreement. 14. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONSULTANT, its principals and employees were a substantial inducement for DISTRICT to enter into this Agreement. CONSULTANT shall not contract with any other entity to perform the services required without written approval of the DISTRICT. This Agreement may not be assigned voluntarily or by operation of law,without the prior written approval of DISTRICT. If CONSULTANT is permitted to subcontract any part of this Agreement, CONSULTANT shall be responsible to DISTRICT for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any 4 199 contractual relationship between any subcontractor and DISTRICT. All persons engaged in the work will be considered employees of CONSULTANT. DISTRICT will deal directly with and will make all payments to CONSULTANT. 15. Authority. to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute.this Agreement and that by executing this Agreement,the parties are formally bound. 16. Indemnification. To the fullest extent permitted by law, CONSULTANT shall • defend, and hold harmless DISTRICT and its elective or appointive boards,officers, . agents,and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys'fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in .any way connected with the negligence, recklessness and/or intentional wrongful conduct of CONSULTANT, CONSULTANT's agents, officers, employees, subcontractors, or independent contractors hired by CONSULTANT in the performance of the Agreement. The only exception to CONSULTANT'S responsibility to protect, defend, and hold harmless DISTRICT, is due to the sole negligence, recklessness and/or wrongful conduct of DISTRICT, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. • 17. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove Sanitary Board for each fiscal year covered by the term of this Agreement if such appropriations are not made, this Agreement shall automatically terminate without penalty to the:DISTRICT. \\\\ (Agreement Signature Block on Next Page) 5 200 IN WITNESS THEREOF, the parties have executed this Agreement on the day and year shown below.* GARDEN GROVE SANITARY DISTRICT , • Date: 3/2-72/` . By: scottc. Stiles • General Manager ATTEST: • By: Ter.esa Pomeroy G• Secretary • HF&H CONSULTANTS, LLC Date: 3 I ut(i...1 By: /ta 1,41 nil- -2,:ze _Ir. slice laiv•$ideAr By: APPROVED AS TO FORM: If CONSULTANT is a corporation, a • Corporate Resolution and/or Corporate Seal is required. If a Partnership, By: Statement of Partnership must be Omar SndovaI submitted to DISTRICT. General Counsel. • • 6 • 201 - ,rt r� -^„',c,fu.-r� r!-�' .,i,r:-�.^.x`'w....'m :Y�'T, ,r?'�. F .��;u�,az5- 4i.•�y� �zs :;",-`?'ate.. .-f�4" ' i+-Y'^t,}s . ;mod y -;� MWf7_--�+'-_i y.. •-:. 2`Lk�'` a-✓` - �n "a<�- 2'f, �t�y�j� ��.�.r� •-T' �1wsTY�^��f.`u�Ci� � - s�f �T K ^v. '� � 41�ydL�f4' J"S -� Cl«"SC�4 � 2 iyr�ry.� �. t "" ,3'd. st„...`0r-'1. s ". '-�'c xy. >.. w-'m� '�i°. ��"x a:.y^` s" .,"}�y T�_ lIE 7a T v-^ '.,,:,y` a- ..r #-..,Halo.. mac: e. y�- ? ,t'r f: S. 2- -,�.'L:. 1 i l.. _ j, fMI!P' . c+ 3 W R O x c} x -, .,rn` „`a,.:�" .'''j #,tom- :V.�fg.-' fi°-u '.a-fi it.h �+>� �,;, .r g 0 r 'a -� Yr. .S�, n-j t �.... ��""�.'s>"�`�. `�..'.f''cam'?�,r �''.,._ "x'-'r41.� �_ ^a y�3j t t i k. L .Elf ='hb --C'� � 'i yc��rl� � l �s tf E� . s � rtJ2�;S'?4t �,t�t� � �5° 'a� =>S . 2,•`.c`%+ 'a 4.5�.��t :01-11M iat-54'£'s'"* �.z';..V s' Z a4S € ' t }�' �'S' - ''A' "`'.. ra .w:J.�:c?.?-.:tns +.iu ^' �s.`v=.�,., r '�i�a._4�„a�'� 2K'v r .S.�n�risn. '�-T�'., .z.'�:�^`'ka• w�.�::.t.,.t-='=` SCOPE OF WORK AND FEE ESTIMATE FOR SOLID WASTE SB 1383 CONTRACTING ASSISTANCE Contract Negotiations.with Republic Task I. Prepare for and Conduct Kickoff Meeting with City Staff to Finalize Negotiation Strategy HF&H staff will prepare for and facilitate a kick-off meeting with City staff to confirm the contracting objectives, project schedule, and confirm the approach to the contract negotiations. The result of the meeting will be a document confirming the contracting strategy and project schedule. If requested, HF&H will also prepare for and attend one meeting to provide a briefing to the City Management or other City Officials based on direction from City staff given at the kick-off meeting. Task 2: Develop Meeting Documents and Conduct Meetings with Hauler and CCi HF&H staff will prepare for and facilitate a kick-off meeting with City staff and Republic Services to review a negotiation document that will summarize the City's contracting objectives. The result of the meeting will be annotated meeting notes documenting items that are verbally resolved and next steps. Task 3: Negotiations.to Confirm Services,Terms and Conditions Republic and the City can then negotiate rates that are consistent with the City's desired terms and conditions. The result of the initial meeting with the hauler will likely be a series of points that they wish to address and proposed rates that may or may not be satisfactory. HF&H will then assist in negotiating reasonable rates. We will also work with City staff to guide the City through its determination of which Republic concerns are minor and which are valuable enough not to negotiate without a substantial offsetting gain for the City. HF&H will assist the City by scheduling the necessary negotiation meetings and conference calls with all relevant parties from the City and Republic, creating meeting documents, and drafting meeting notes based on the discussions. Task 4: Review and Analyze Proposed Rate.Impacts We will request Republic to provide supporting cost and operating assumptions related to any of the requested services or contract requirements that Republic believes may increase their February 23,2021 1 — HF&H Consultants, LLC 202 attachment A • City of Garden Grove Scope of Work and Fee Estimate SB 1383 Contracting Assistance costs. We will review this information for overall reasonableness based on our industry knowledge, and review Republic's supporting information to confirm the reasonableness of any requested adjustments to the current rates. Task 5: Develop Updated Agreement Based on the.discussions and direction provided by City staff described above,we will prepare either an updated draft franchise agreement or contract amendment for the desired services and contract terms. City staff, including the City Attorney, will subsequently review the draft document, and the City will be responsible for consolidating comments from the City's various reviewers into a single "redline" of the draft work product, which we will then use to prepare an updated draft work product. We will update the draft agreement to reflect the revisions provided by City staff and the. City Attorney, and incorporate the negotiated terms with • Republic. After the negotiations are complete, City staff will be responsible for finalizing the format of the agreement consistent with City standards and obtaining signatures, bonds, and endorsements. Task 6 Prepare for and Attend One City Council Meeting We have budgeted to attend one meeting of the City Council when the Council considers the new agreement for award. February 23, 2021 2 HF&H Consultants, LLC 203 tttachmentA City of Garden Grove Scope of Work and Fee Estimate SB 1383 Contracting Assistance Cost Pr..;posul To align with the breakdown prepared inthe original proposal,the updated cost for the SB 1383 Contract Negotiations is$75,000 per City if all five cities participate. Please see the attached workplan for the detailed breakdown. The project costs for the negotiations(Tasks 1 through 6)have been reduced by$15,000 assuming that all five Republic cities that participated in the previous study phase continue to participate in this phase as shown in the table below: 3t e /� /� }:4 t.k, kC'�. ; k° � fi Y SCnr {.YS p�j � 1'.4 yC�,InF/�t.t ' i� 3§Yd04./rF..�'s:�r 86�U0 �. ...ayVT' 'i rs }.t. �0,1g0`t�� y� r�-f/OVV '.. Our actual costs may be higher or lower than this amount, depending on the level of support requested, and we will notify you in writing if a budget amendment is required. We will bill you once per month based on the number of hours worked, multiplied by our hourly billing rates, plus out-of-pocket expenses incurred. Payment is due within 30 days. Hourly rates through December 31st, 2021 are as follows and will be adjusted each January 1st by 2.5%: Position Rate Senior Vice President $299 Senior Manager $275 Senior Associate/Project Manager $179 to$249 Associate Analyst $160 to$175 Assistant Analyst $139 to$159 Administrative Staff $99 to$109 Expenses will be billed as follows: Mileage $0.50 per mile(or as adjusted by IRS allowance) Outside document reproduction/couriers/postage Actual Public conveyances and parking Actual All other out-of-pocket expenses Actual Schedule We will commence the project in March 2021. We understand the City`s goal is to implement an updated agreement, pending City Council approval, by January 1, 2022. to align with the current SB 1383 timeline.Achieving this goal is dependent on reaching timely agreement on the terms of an updated agreement with Republic Services and approval of the amended agreement by the City Council. Staffing Laith Ezzet, Senior Vice President,will be the Project Director and he will be assisted by other HF&H staff with the appropriate skills for the assigned tasks. February 23, 2021 3 HF&H Consultants, LLC 204 ltta•Chment A CITY OF GARDEN GROVE' • HF&H Workplan for SB 1303 Contracting Assistance TASK DESCRIPTION . •• Sr Vice, Sr Project Manager/ .Assistant Total Hours/ `5, . . President•• Manager. Senior Analyst Fees Ili Contract Negotiations with Republic 1 Prepare for and Conduct Kickoff Meeting with City Staff •6 -- 10 - 16 2 Develop Meeting Documents and Conduct Mtg.with Hauler and City 6 14 8 28 3 Negotiations el)Confirm Services,Terms,and Conditions 72 - 72 6 150 4 Review and Analyze Proposed Rate Impacts 20 30 10 G0 5 Develop Updated Agreement 14 8 30 52 6 Prepare for and Attend One City Council Meeting 4 - 6 - 10 Contract Negotiations Hours 122 8 162 24 316 Contract Negotiations Consulting Fees $ ,36,478 $ 2,200 $ 32,238 $ 3,816 $ 74,732 Contract Negotiations Expenses 268 Total Contract Negotiations 75,000 Total Hours 122 8 162 24 316 Hourly Rates $ 299 $ 275 $ 199 $ 159 Total Consulting Fees $ 36,478 $ 2,200 $ 32,238 $ 3,816 $ 74,732 Total Ex.enses $ 268 Total Fees.anti Expenses $ 75,000 { (1)Hours may be shifted among tasks. • • i 1 ' 2/23/2021 4 HF&H Consultants,LLC 205 -- ' l ® DATE(MMIDOIYYY1) ,�► o CERTIFICATE OF LIABILITY INSURANCE 08/31/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jessica Thai NAME: Newfrant Insurance Services,LLC PHCON10.Exl). (415)754-3635 FAX nice,No): 55 2nd Street &M jessica.thai@newfront.com ADDAILSS:RE Floor 18 INSURER(S)AFFORDING COVERAGE. NAIC H San Francisco CA 94105 INSURER : Citizens Ins Co of America 31534 INSURED INSURERS: Hartford Casualty Ins Co 29424 HF&H`Consultants,LLC INSURER C: Gemini Insurance Company 10833 INSURER D: Hudson Excess Insurance Co 14484 201 N Civic Dr Ste 230 INSURER E: Walnut Creek CA 94596 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES:DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITSLTR- TYPE OF INSURANCE INSO MO POLICY NUMBER (MMIDDIYYYY) (MMiDDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 1,000,000 CLAIMS-MADEF5C OCCUR: PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 A X OBF-D681476-04 09/06/2021 09/06/2022 PERSONAL 8,ADVINJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY ,CT LOG PRODUCTS-COMP/OPAGG $ 3,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) __ANY AUTO BODILY INJURY(Per person) '$ A ALL OWNED SCHEDULED OBF-D681476-04 09/06/2021 09/06/2022 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) — — $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 A - EXCESS LIAB CLAIMS-MADE OBF-D681476-04 09/06/2021 09/06/2022 AGGREGATE $ 3,000,000 DEC RETEMiON$ $ WORKERS COMPENSATION X. STA'UTE Er - AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETORIPARTNERIEXECUTIVE I�I NIA 57WECZR5765 09/06/2021 09/06/2022 E.L.'EACH ACCIDENT $ 1,000,000 B OFFICER MEMBEREXCLUDED? I I - 1,000 D00 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ II yes,describe under DESCRIPTION OF OPERATIONS below E:L DISEASE-POLICY LIMIT $ 1,000,000; Errors and Omissions Each claim:$2,000,000 VNPL008121 09/06/2021 09/06/2022 General aggregate:$2,000,000 C Claims-made Deductible:$10,000 DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe athamiorp j/&co 184bd'afti'diyl Insured D:Cyber.Policy Number:CYB-3015118-00.Effective date:(03/31/2021-09/06/2022). a,ch. m:$1,00 0. The City of Huntington Beach,its officers,elected or appointed officials,employees,age saris y.plu teers-a Ter an additional insured as required by a written contract with respect to General Liability. I i;f', .r..l 4 Q. 1VE t MI,VJ s.Inn T'rf r ij BEACH . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE.ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ATTN DEBRA JUBINSKY AUTHORIZED REPRESENTATIVE l 2000 Main Street -, ! Huntington Beach CA 92648 I ©1988 2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORb 206 POLICY NUMBER: OBF-D681476-04 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit Included 1 2. Additional Insured-.Broad Form Vendors Included 2 3. Alienated Premises Included 3 4. Broad Form Property Damage- Borrowed Equipment, Customers Included 3 Goods and Use of Elevators 5. Incidental Malpractice(Employed Nurses, EMT's and Paramedics) Included 3 6. Personal and Advertising Injury- Broad Form Included 4 7. Product Recall Expense Included 4 Product Recall Expense Each Occurrence Limit $25,000 5 Occurrence Product Recall Expense Aggregate Limit $50,000 5 Aggregate Product Recall Deductible $500 5 8. Unintentional Failure to Disclose Hazards Included 6 9. Unintentional Failure to Notify Included 6 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. The following changes are made to SECTION II - (2) Premises you own, rent, lease or LIABILITY: occupy; or 1. Additional Insured by Contract, Agreement or (3) Your maintenance, operation or use of Permit equipment leased to you. The following is added to SECTION 'II - b. The insurance afforded to such additional LIABILITY, C.Who Is An Insured: insured described above: Additional Insured by Contract, Agreement or (1) Only applies to the extent permitted by Permit law; and a. Any person or organization with whom you (2) Will not be broader than the insurance agreed in a written contract, written which you are required by the contract, agreement or permit to add such person or agreement or permit to provide for such organization as an additional insured on additional insured. your policy is an additional insured only with (3) Applies on .a primary basis if that is respect to liability for bodily injury", required by the written contract, written "property damage", or "personal and agreement or permit. advertising injury" caused, in whole or in (4) Will be broader than coverage part, by your acts or omissions, or the acts rill not to anyother insured. or omissions of those acting on your behalf, p but only with respect to; (5) Does not apply if the "bodily injury", (1) "Your work" for the additional insured(s) "property damage" or "personal and designated in the contract, agreement or advertising injury"is otherwise excluded permit; from coverage under this Coverage Part, including any endorsements thereto. 391-1006 0816 Includes copyrighted materials of Insurance Services Offices,Inc.,with its permission. Page 1 of 6 207 Hanover Insurance Group. OBF D681476 5701751 c. This provision does not apply: The most we will pay on behalf of the (1) Unless the written contract or written additional insured for a covered claim is the agreement was executed or permit was lesser of the amount of" insurance: issued prior to the "bodily injury", 1. Required by the contract, agreement or "property damage", or "personal injury permit described in Paragraph a. or and advertising injury". 2. Available under the applicable Limits of (2) To any,person or organization included Insurance shown in the Declarations. as an insured by another endorsement This endorsement shall not increase the issued by us and made part of this applicable Limits of Insurance shown in the Coverage Part. Declarations (3) To any lessor of equipment: e. All other insuring agreements, exclusions, (a) After the equipment lease expires; or and conditions of the policy apply. (b) If the "bodily injury", "property 2. Additional Insured-Broad Form Vendors damage", "personal and advertising The following is added to SECTION II - injury arises out of sole negligence LIABILITY, C.Who Is An Insured: of the lessor. (4) To any: Additional Insured-Broad Form Vendors Owners or other interests from whom a. Any person, or organization that is a vendor (a) with whom you agreed in a written contract land has been leased if the or written agreement to include as an "occurrence" takes place or the additional insured under this Coverage Part offense is committed after the lease is an insured, but only with respect to liability for the land:expires;or for "bodily injury" or "property damage" (b) Managers or lessors of premises if: arising out of "your products" which are (i) The "occurrence" takes place or distributed or sold in the regular course of the offense is committed after the vendors business. you cease to be a tenant in that b. The insurance afforded to such vendor premises; or described above: (ii) The "bodily injury", "property (1) Only applies to the extent permitted by damage", "personal injury" or law; "advertising injury" arises out of (2) Will not be broader than the insurance structural alterations, new which you are required by the contract or construction or demolition agreement to provide for such vendor; operations performed by or on behalf of the manager or lessor. (3) Will not be. broader than coverage 5 To "bodilyinjury", "pro"property damage' or provided to any other insured; and O p 9 Does not apply if the "bodily injury", "personal and advertising injury" arising (4) pp Y Y out of the rendering of or the failure to "property damage" or "personal and render any professional services. advertising injury" is otherwise excluded even if the claims from coverage under this Coverage Part, This exclusion appliesincluding any endorsements thereto against any insured allege negligence or other wrongdoing in the supervision, c. With respect to insurance afforded to such hiring, employment, training or vendors, the following additional exclusions monitoring of others by that insured, if apply: the "occurrence" which caused the The insurance afforded to the vendor does. "bodily injury" or "property damage" or not apply to: the offense which caused the "personal 1 "Bodily injury" or "property dama a,, for and advertising injury" involved the O which thev ndor is bi ated to pay rendering of or failure to render any damages by reasons of the assumption of professional services by or for you. liability in a contract or agreement. This d. With respect to the insurance afforded to exclusion does not apply to liability for these additional insureds, the following is damages that the insured would have in added to.SECTION II - LIABILITY, D. Liability the absence of the contract or and Medical Expense Limits of Insurance: agreement; (2) Any express warranty unauthorized by you; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc.,with its permission. Page 2 of 6 208 (3) Any physical or chemical change in the The most we will pay on behalf of the vendor product made intentionally by the for a covered claim is the lesser of the vendor; amount of insurance: (4) Repackaging, unless unpacked solely for 1. Required by the contract or agreement the purpose of inspection, described in Paragraph a.; or demonstration, testing; or the 2. Available under the applicable Limits of substitution of parts under instruction Insurance shown in the Declarations; from the manufacturer, and then repackaged in the original container; This endorsement shall not increase the Anyfailure to make such inspection, applicable Limits of Insurance shown in the (5) Declarations. adjustments, tests or servicing as the vendor has agreed to make or normally 3. Alienated Premises undertakes to make in the usual course SECTION II - LIABILITY, B. Exclusions, 1. of business in connection with the sale Applicable To Business Liability Coverage k. of the product; Damage to Property, paragraph (2) is replaced by (6) Demonstration, installation, servicing or the following: repair operations, except such (2) Premises you sell, give away or abandon, if operations performed at the vendor's the "property damage" arises out of any part premises in connection with the sale of of those premises and occurred from hazards the product; that were known by you, or should have (7) Products which, after distribution or sale reasonably been known by you, at the time by you, have been labeled or relabeled the property was transferred or abandoned. or used as a container, part or 4. Broad Form Property Damage - Borrowed ingredient of any other thing or Equipment,Customers Goods,Use of Elevators substance by or for the vendor; a. The following is added to SECTION iI - (8) "Bodily injury" or "property damage" LIABILITY, B. Exclusions, 1. Applicable To arising out of the sole negligence of the Business Liability Coverage, k. Damage to vendor for its own acts or omissions or Property: those of its employees or anyone else Paragraph (4) does not apply to "property exclusion does actingon its behalf. However, this damage to borrowed equipment while at a not apply to:, jobsite and not being used to perform (a) The exceptions contained within the operations. exclusion in subparagraphs (4) or (6) Paragraph (3), (4) and (6) do not apply to above; or "property damage" to "customers goods" (b) Such inspections, adjustments, tests while on your premises nor to the use of or servicing as the vendor has elevators. agreed to make or normally b, For the purposes of this endorsement, the undertakesouse to make, in the coonsual following definition is added to SECTION II course of business, in ale of tthe LIABILITY, F. Liability and Medical Expenses with the distribution or sale of the Definitions: products. (9) "Bodily injury" or "property damage" 1. "Customers goods" means property of arising out of an "occurrence" that took your customer on your premises for the place before you have signed the purpose of being: contract or agreement with the vendor. a Worked on; or (10)To any person or organization included b. Used in your manufacturing process. as an insured by another endorsement c. The insurance afforded under this provision is issued by us and made part of this excess over any other valid and collectible Coverage Part. property insurance (including deductible) (11)Any insured person or organization, available to the insured whether primary, from whom you have acquired such excess, contingent or on any other basis. products, or any ingredient, part or container, entering into, accompanying 5. Incidental Malpractice - Employed Nurses, EMT's or containing such products. and Paramedics d. With respect to the insurance afforded to SECTION II- LIABILITY, C.Who Is An Insured,. these vendors, the following is added to, paragraph 2.a.(1)(d) does not apply to a nurse, SECTION II LIABILITY, D. Liability and Medical Expense Limits of Insurance: 391-1006 0816 Includes copyrighted materials of Insurance Services Offices,Inc.,with Its permission. Page 3 of 6 209 Hanover Insurance Group_ OBFD681476 5701751 emergency medical technician or paramedic o. Recall of Products, Work or Impaired employed by you if you are not engaged in the Property is replaced by the following; business or occupation of providing medical, o. Recall of Products, Work or Impaired paramedical, surgical, dental, x-ray or nursing Property services. 6. Personal Injury-Broad Form Damages claimed for any loss, cost or expense incurred by you or others for a. SECTION II - LIABILITY, B. Exclusions, 2. the loss of use, withdrawal, recall, Additional Exclusions. Applicable only to inspection, repair, replacement, "Personal and Advertising Injury", paragraph adjustment, removal or disposal of e. is deleted. (1) "Your product"; b. SECTION II - LIABILITY, F. Liability. and "" " (2) Your work"; or Medical Expenses Definitions, 14. "Personal and advertising injury", paragraph b. is (3) "Impaired property"; replaced by the following: If such product, work or property is b. Malicious prosecution or abuse of withdrawn or recalled from the market or process. from use by any person or organization c. The followingis added to SECTION II - because of a known or suspected defect, deficiency, inadequacy or dangerous LIABILITY, F. Liability and Medical Expenses condition in it, but this exclusion does Definitions, Definition 14. "Personal and not apply to "product recall expenses" advertising injury": that you incur for the "covered recall" of "Discrimination" (unless insurance thereof Is "your product". prohibited by law) that results in injury to the However, the exception to the exclusion feelings or reputation of a natural person, does not apply to "product recall but only if such "discrimination" is expenses"resulting from: (1) Not done intentionally by or at the (4) Failure of any products to accomplish direction of: their intended purpose; (a) The insured; (5) Breach of warranties of fitness, (b) Any officer of the corporation, quality, durability or performance; director, stockholder, partner or (6) Loss of customer approval, or any member of the insured; and cost incurred to regain customer (2) Not directly or indirectly related to an approval "employee", not to the employment, (7) Redistribution or replacement of prospective employment or termination "your product" which has been of any person or persons by an insured. recalled by like products or d. For purposes of this endorsement, the substitutes following definition is added to.SECTION II - (8) Caprice or whim of the insured; LIABILITY, F. Liability and Medical Expenses Definitions: (9) A. condition likely to cause loss of 1. "Discrimination" means the unlawful which any insured knew or had reason to know at the inception of treatment of individuals based upon race, this insurance; color, ethnic origin, gender,religion, age, or sexual preference. "Discrimination" (10)Asbestos, including loss, damage or does not include the unlawful treatment clean up resulting from asbestos or of individuals based upon developmental, asbestos containing materials; or physical, cognitive, mental, sensory or (11)Recall of "your products" that have emotional impairment or any no known or suspected defect solely combination of these. because a known or suspected e. This coverage does not apply if liability defect in another of "your products" coverage for "personal and advertising has been found. injury" is excluded either by the provisions of b. The following is added to SECTION II - the Coverage Form or any endorsement LIABILITY, C. Who Is An Insured, paragraph thereto. 3.b.: 7. Product Recall Expense "Product recall expense" arising out of any a. SECTION II - LIABILITY, B.Exclusions, 1. withdrawal or recall that occurred before you Applicable To Business Liability Coverage, acquired or formed the organization. 391.1006 08 16 Includes copyrighted materials of Insurance Services Offices,Inc.,with its permission. Page 4 of 6 210 c. The following is added to SECTION II - of a deductible amount, you shall LIABILITY, D. Liability and Medical Expenses promptly reimburse us for the part of the Limits of Insurance: deductible amount we paid. Product Recall Expense Limits of Insurance The Product Recall Expense Limits of Insurance apply separately to each a. The LimitsR of Insurance shown in the consecutive annual period and to any SUMMARY OF COVERAGES of this remaining period of less than 12 months, endorsement and the rules stated below starting with the beginning of the policy fix the most that we will pay under this period shown in the Declarations, unless the Product Recall Expense Coverage policy period is extended after issuance for regardless of the number of: an additional period of less than 12 months. (1) Insureds; In that case, the additional period will be (2) "Covered Recalls" initiated; or deemed part of the last preceding period for Number of products" the purposes of determining the Limits of (3) "yourInsurance. withdrawn. d. The following is added to SECTION II - b. The Product Recall Expense Aggregate LIABILITY, E. Liability and Medical Expense Limit is the most that we will reimburse General Conditions 2. Duties in the Event of you for the sum of all "product recall Occurrence, Offense,Claim or Suit expenses" incurred for all "covered recalls" initiated during the policy period. You must see to it that the following are Recall Occurrence done in the event of an actual or anticipated c. The Product Limit the most Each will a in covered recall that may result in product vvey recall expense": connection with any one defect or deficiency. (1) Give us prompt notice of any discovery d. All "product recall expenses" in or notification that "your product" must p p be withdrawn or recalled. Include a connection with substantially the same description of "your product" and the general harmful condition will be reason for the withdrawal or recall; deemed to arise out of the same. defect ' or deficiency and considered one (2) Ceasefurther rther release, shipment, "occurrence". :consignment or any other method of e. Anyamount reimbursed for distribution of like or similar products "productuntil it has been determined that all recall expenses in connection with any such products are free from defects that one "occurrence" will reduce the amount could be a cause of loss under this of the Product Recall Expense Aggregate insurance. Limit available for reimbursement of "product recall expenses" in connection e. For the purposs of this endorsement, the with any other defect or deficiency, following definitions are added to SECTION f. If the Product Recall Expense Aggregate 11 - LIABILITY, F. Liability and Medical Limit has been reduced by Expenses.Definitions. reimbursement of "product recall 1. "Covered recall" means a recall made expenses" to an amount that is less than necessary because you or a government the Product Recall Expense Each body has determined that a known or Occurrence Limit, the remaining suspected defect, deficiency, Aggregate Limit is the most that will be inadequacy, or dangerous condition in available for reimbursement of "product your product has resulted or will result recall expenses" in connection with any in "bodily injury" or"property damage". other defect or deficiency. 2. "Product recall expense(s)" means: g. Product Recall Deductible. a. Necessary and reasonable expenses We will only pay for the amount of for: "product recall expenses" which are in (1) Communications, including radio excess of the ,500 Product Recall or television announcements or Deductible. The Product Recall printed advertisements including Deductible applies separately to each stationary, envelopes and "covered recall". The limits of insurance postage; will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount, if applicable. Upon notice of our payment 391.1006 08 16 Includes copyrighted materials of Insurance Services Offices,.Inc.,with its permission. Page 5 of 6 211 Hanover insurance Group.. OBF D681476 5701751 (2) Shipping the recalled products (1) If the "products - completed operations from any purchaser, distributor or hazard" is excluded from coverage under user to the place or places this Coverage Part including any designated by you; endorsement thereto; or (3) Remuneration paid to your (2) To "product recall expense" arising out of regular "employees" for any of"your products" that are otherwise necessary overtime, excluded from coverage under this (4) Hiring additional persons, other Coverage Part including endorsements thereto. than your regular"employees", (5) Expenses incurred by"employees" 8` Unintentional Failure to Disclose Hazards including transportation and The following is added to SECTION II - accommodations, LIABILITY, E. Liability and Medical Expenses (6) Expenses to rent additional General Conditions: warehouse or storage space; Representations (7) Disposal of "your product", but We will not disclaim coverage under this only to the extent that specific Coverage Part if you fail to disclose all hazards methods of destruction other than existing as of the inception date of the policy those employed for trash provided such failure is not intentional. discarding or disposal are 9, Unintentional Failure to Notify required to avoid "bodily Injury or "property damage" as a result The, following is added to SECTION II - of such disposal, LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of you incur exclusively for the purpose Occurrence,Offense,Claim or Suit of recalling "your product"; and Your rights afforded under this Coverage Part b. Your lost profit resulting from such shall not be prejudiced if you fail to give us "covered recall notice of an"occurrence", offense, claim or"suit", f. This Product Recall Expense Coverage does solely due to your reasonable and documented not apply: belief that the "bodily injury", "property damage" or "personal and advertising injury" is not covered under this Policy. ALL OTHER TERMS,CONDITIONS,AND EXCLUSIONS REMAIN UNCHANGED. 391.1006 08 16 includes copyrighted materials of Insurance Services Offices,Inc.,with its permission. Page 6 of 6 212 „ // .... ., f' , sees1IN,\\ G 700vmv”" ,,, •. coRP0RArF .% \ t •. ovNo-- --=-- _ _ n 'Ilf''','. , 1110 , , em - c,—� � ._' ice'� �.-_-� _-�_ , , _ ,. � e 1;7 ilk ..,_ .. _,.__ _ ... __ _ ____ . - - R -- = -,,---—y Q c Amend Professional Services Contract �� �_ /_ • V with H F&H Consultants, LLC -----„-- — , — • ao.., 0 .. Fg� P. July 18, 2023 C` fie••;7, 190 ,; ••• sees.• / _ 0UNTNt1 — •, ,,,, .411PI ,, i, • 213 Background • On Oct. 6, 2021 , City entered into Professional Services Contract with HF&H Consultants, LLC to review Solid Waste Franchise Agreement and negotiate SB 1383 compliance with Republic Services • HF&H specializes in solid waste agreements and in SB 1383 compliance ,/,'`,71\Tr==- 0 Q� •.•, pRPURgT��••,••tJ CP ..l 214 Background • These negotiations are taking longer than anticipated in the original proposal • Cost of services to conclude this process will exceed the current contract not to exceed limit of $75,000 • Amendment No. 1 will increase the contract not to exceed limit from $75,000 to $ 115,000, an additional $40,000 j NT�NGTp `_F°OUNTY C���// l 215 Recommendation • City Council approval is required for Professional Services Contracts of $ 100,000 or greater • Staff is recommending approval of Amendment No. 1 to Professional Services Contract Between City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services for SB 1383 Compliance . \, � _.�-µ_me ;� t ,*••;B• ,i; �y�9 ° t� � 216 '..: ':k °1 :,1-." fi^ 2 G 7&«"° ` ka q i6 # y s y " � �_ . y t ;.;'.:;;� � l$; ,n ' s ' r ,+ �"" fi � a ' " A an aa��` : as { ;r"""t"4� - p ,fV` r ? g 9• " :- C "4.' 1 r 5 ..` I& � ' (s" a « om h. Vii,t It\ a� r re ,r"; w W i. _. , t. Nit‘ , 4}S1 t % L'. $ 1., tiej : -'��. . � • -• --- �` ` i? a $ tt 3 °�Yfji 4_' 0 n _ * $ � yYS4f�z 1 Y�S V : a , a ° j� *3 ,a *�7•1 / -a �u vdSi � �1 "wLit ie r s ; - i3 40 'y A " y a �Cs4 ? ¢ ., it t#Y rr ,.; ts `� - a, s Al.# z i tis i ''.as r '„ r4 s i .0 le a � u .� x,ut 'n • (n 0 (/) Y ,r TIN'' �' City of . .untington Beach `~ „ ` 2000 Main Street ♦ Huntington Beach, CA 92648 en 0 _ _ - _ (714) 536-5227 • www.huntingtonbeachca.gov %.71®oGF B.',::'......... e00 Office of the City Clerk om�UNT`i���0 Robin Estanislau, City Clerk August 11, 2023 HF&H Consultants Attn: Laith Ezzet 590 Ygnacio Valley Road, Suite 105 Walnut Creek, CA 94596 Dear Ms. Ezzet: Enclosed is a fully executed copy of Amendment No. 1 to Professional Services Agreement between the City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services, approved by City Council on July 18, 2023. • Sincerely, €ó/ a14J&e Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan • • +...•sue+:.-...� ...._ -- IIIN6dl1luul"u11ddi1IPIIt1 II1111'ltin l 11 mlldlll t t y�aSeno .f .: a30N35 of Na(113a $ irk 'rt -pRSRT hSS MAIL F._ to LB9E 96546 v] M33a] 1NNltl4l '�' hu'` 9 O SBL e31SsE 96 A3lltlA aaap 1A 065 . t yll -$OOO 66 a, Jtl S1Ntlil n SNOJ A. 0R 'j < •'�-0'I 073m3220 Z '•.'8 (A id 3NIl OatlMa0d ZZ I .f+n�' '4 013M311W� I 7�.�, £Z 90(30LBJZ Z£Z*£L 33N 336 { f ^. f ,} tf : t' t jll4 i { r 2 t i 1. ' .t, S �i.�,r. lP s .fL,, n,—, City of Huntington Beach '41 ' SI 1 t 7000haoSlreel•Huntington Bean h, each,California 93648 .G aqb • q,, * '*_7.(� fc ;a y I, iO6teoftheCItyClek .,,, t. Mr v 4 r iA S., 7E GC\ .9 9't-f *. 4e F °_' ."T `k ?{ "A ?r 4 �t a cS 1 A x s'. n» "`g Tc.*,Y ,,"� HF&H Consultants, LLC a,.. 'e'a''�'4'`" :e'a- x" 4, '^( Attn: Laith Ezze[ ! J �" >fir..j41r,'5 "'ta 201 North Civic Drive, Suite 230 �4 r'�"'�' `^zt ,, "zfr "'K ^s.:. <%.,' Walnut Creek, CA 94596 4' Vie.`„Yr & r ' :` 'y' Tr •t .+' y fi Y6+ _i'a:'�5:.. ,y.,.•�, ^,r 74,. . -: - M x . , a `nK ' { 2� '''`I- �l llh , ,JJt I.,lL- „f I LI Iddlnll llllltldllllhrp urrltlhr uldl pl FWD r NT I N • ,eoavue% lir City of . tuntington Beach fr/ ?T 2000 Main Street ♦ Huntington Beach, CA 92648 =_ __- _ (714) 536-5227 • www•huntingtonbeachca.gov vk ®® cF` L °.'-='P\� Office of the City Clerk UNTY � ®/ Robin Estanislau, City Clerk July 24, 2023 HF&H Consultan :, LC Attn: Laith E -t 201 No • ivic Drive, Suite 230 Wal. • Creek, CA 94596 Dear Mr. Ezzet: Enclosed is a fully executed copy of Amendment No. 1 Professional Services Agreement between the City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services for SB 1383 Compliance, approved by City Council on July 18, 2023. Sincerely, 6q44,, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan sa City of Huntington Beach �®(s. 0.7 ��NT N G T�'ql �iU , . s‘ 2000 Main Street ♦ Huntington Beach, CA 92648 _ __ __ • t (714) 536-5227 • www•huntingtonbeachca.gov v®9� acF�Q•• GP� �0 Office of the City Clerk UNT®B,0,1 Robin Estanislau, City Clerk July 24, 2023 HF&H Consultants, LLC Attn: Laith Ezzet 201 North Civic Drive, Suite 230 Walnut Creek, CA 94596 Dear Mr. Ezzet: Enclosed is a fully executed copy of Amendment No. 1 Professional Services Agreement between the City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services for SB,1383 Compliance, approved by City Council on July 18, 2023. Sincerely, • 610-441, 47.44141111444) Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister City: Anjo, Japan i PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF I-IUN INGTON BEACH AND HF&H CONSULTANTS, LLC j FOR j NEGOTIATION SERVICES FOR SB1383 COMPLIANCE j THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and FIF&I-I Consultants, LLC hereinafter referred to as "CONSULTANT'." 1• WHEREAS, CITY desires to engage the services of a consultant to provide negotiation services for SB 1383 compliance; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of I professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, i NOW,THEREFORE, it is agreed by CITY and CONSULTANT as follows: I 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These j services shall sometimes hereinafter be refereed to as the "PROJECT." j I CONSULTANT hereby designates Laith Ezzet who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 21.104251266899 05119-204133 1 of 13 2. CITX STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. IT";TIME OF PERFORMANCE Time is`of the essence of this Agreement. The services of CONSULTANT Oneiy& 12� are to commence on 20 Q 1 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in ]exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Seventy Five 'Thousand Dollars ($75,000.00). 5. EXT'RA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only taller receiving written authorization from CITY. Additional 21-10425266999 05/19-204133 2 of 13 i I i compensation for such extra work shall be allowed only if the prior written approval of i CITY is obtained, 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B," 7• DISPOSITION 01r PLANS,ESTIMATES AND 01-IIER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all.original drawings, designs,reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon I PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and i hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of of in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or-ailogsd -neb>iigM) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall 21-104252668" 05/19-204133 3 of 13 apply to all claims and liability regardless of whether any inswancc policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULT'AN'l' hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782,8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 21-10425266999 05119.204133 4 of 13 1 I I 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One i Million Dollars ($1,000,000,00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention without the express written I consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000,00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation i of the scope of work (including subsequent policies purchased as renewals or replacements). i B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed hi connection with this Agreement, If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not 21-10425/266899 05/19-204133 5 of 13 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY, 10, CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in Limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maiutain the foregoing insurance coverage in force until the work under this Agreerent is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 21-10425/266899 O5/19-204133 6 of 13 i 11, INDEPENDENTCONTRACTOR i CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the I PROJECT and/or the services to be performed hereunder. I 12. TERMINATION OF AGREEME'N' I All work required hereunder shall be performed in a good and workmanlike i manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished docurnents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hercinabove. 21-I0425n66899 05/19-204133 7 of 13 14. COPYRIGHTS/PATENTS CITY shall own at[ rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code, 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a scaled envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach HF&H Consultants, LLC AT'IN: Debra Jubiasky ATITN: Laith F.,zzet 2000 Main Street 19200 Von Karman Ave., Ste 360 Huntington Beach, CA 92648 Irvine, CA 92612 21-10425/266899 05119-204133 8 of 13 i 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one,transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18, MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by 'both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. I 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall.not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act 21-10425/266999 05119-204133 9 of 13 contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the dale of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22, IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United Slates Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRAC-ITNG PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 21-IG425266999 05119-204133 10 of 13 i I 24. ATTORNEY'S PEES In the event suit is brought by either party to construe, interpret and/or enforce the terns and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevuiling party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the j i laws of the State of California, 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to cacti of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the j I event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY i The patties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that patty has not executed this Agreement in reliance on any representation, inducement, 21-10425266899 05/19-204133 11 of 13 promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVF DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IIQ WITNESS WHEREOF, the parties bereto have caused this Agreement to be excented by and through their authorized officers, 21.10475R5e899 05119-204133 12 of 13 I CONSULTANT CITY OF HUNTINGTON BEACH, HF&H CONSULTANTS, LLC a municipal corporation of the State of Cal' mia d K/aToaJ City Manager print name ITS: (rime am)Chat man/ refl( det�Nlot P"dem 11%1I7-D ANDMOVED:. AND By: Dt or of Public Works i � APPROVED AS TO FORM: LA1'Tl E2�iCi print name ITS: (efrde ews�ler Plnonolal OfticedAsst. r f seuauy—'ram tt "� a anClty Attorney y s i Date j RECEIVE AND FILE: City Clerk Date zt-ttwxsaeeass oxw aftaa 13 of 13 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Assist in negotiating a contract amendment or restated agreement to implement the required program under SB 1383. B. CONSULTANT'S DUTIES AND RESPONSI3ILITIES: 1. Prepare for and Conduct Kickoff Meeting with City Staff to Finalize Updated Negotiation Strategy. 2. Develop List of Contract Service Enhancements. 3. Negotiations to Conform Services,Terms and Conditions. 4. Review and Analyze Proposed Rate Impacts. 5. Develop Updated Agreement G. Prepare for and Attend One City Council Meeting. C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT A i i EXHIBIT "B" i Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT"S fees for such services shall be based upon the following hourly rate and cost schedule: Position Rate Senior Vice President $299 Senior Manager $275 Senior Associate/Project Manager $179 to$249 Associate Analyst $160 to$175 Assistant Analyst $139 to$159 Adminlstrative Staff $99 to$115 B, Travel. Charges for time during travel are not reimbursable � C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it, 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. j 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this. Agreement; and E) For all payments include an estimate of the percentage of work completed. i Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in ,accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify 1 Exhibit B CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, of has been brought into compliance, or until this .Agreement has expired or is terminated as provided herein. .5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld, Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B i i CrrY OF HUNTINGTON BEACH IIF&II Workplan for SB 1983 Contracting Assistance r i Centraet Negotiations with Republic 1 Prepare for and Conduct Kickoff Meeting with City Staff 6 SO - 16 2 Dtwelop List of Contract Service Enhancements 6 14 8 28 3 Negotiations to ConRrm Services,Terms,and Conditions 72 72 6 150 4 Review and Analyze Proposed Rate Impacts 20 - 30 10 60 5 Develop Updated Agreement 14 8 30 52 6 Prepare for and Attend One City Council Meeting 4 6 19 -- - Contract NegotintlonsHours L22 8 262 24 316 Contract Negotiations Consulting Fees $ 36,478 $ 2,200 $ 32.238 $ 3,816 $ 74,732 Contract Negotiations Expenses 7s DOB Total Hours 122 B 162 24 316 Hourly Rates $ 299 $ 275 $ 199 $ 159 Total Consulting, Fees $ 36,478 $ 2,200 $ 32,238 $ 3,816 $ 74.732 Total Expenses 268 Total Fees and Expenses $ 75,000 (1)Hours may be shifted among tasks. I I 6/10/2021 4 IIF&H Consultants,LLC i G� CITY OF GARDEN GROVE GARDEN GROVE OFFICE OF THE CITY CLERK Steve ]ones _ia(eiJudril afl ofrtcial re[on7; O(the Cifv. fdnyrn Coorhrc( murficip,vi BiBilirim; ,roil ovc•r•:rC leyi•aariv,= ,-,<l;nLli srr.Nrnn. Kim Bernice Nguyen flfovidc r41id7 dtl, dc.cur.rf c, dwd fimr)ly mto")l.rlioil ;n Me hl.ly.rt Pw lom City rl)uuril, $t Wr, snrl t1te ijenerral nuLlir. George S. Brietigam i.o.med f•h:n11"If - 1IiIA,Wl I John R. O'Neill i:iniu Iidi dill n` (ii ai cl 1 Dledre Thu-Ha Nguyen March 30, 2021 Patrick Phat But r.nurli it blomLr•.i - lii.lnq 'I Stephanie Klopfenstein rltuni it fianih:.i I)i[.lii,a 5 HF&H Consultants, LLC 19200 Von Karman Avenue, Suite 360 i Irvine, CA 92612 Attention: Laith Ezzet, Vice President I Enclosed is a fully executed original set of the Professional Services Agreement by and between the Garden Grove Sanitary District and HF&H Consultants, LLC, to provide for contract negotiation assistance to ensure Senate Bill (SB) 1383 compliance. I The Garden Grove Sanitary District Board of Directors approved the agreement at their meeting held on March 23, 2021, f Sincerely, 1 I Teresa Pomeroy, CMC Secretary/City Clerk By: Liz Vasquez Deputy Secretary Enclosure c: Finance Department Finance Department/Purchasing Public Works Department 1 1222 Acacia Parkway • P.O.Box 3070 , Garden Grove, CA 92842 ggcity.org i I PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made thisr1 day of IM �.Grc , 2021, by the GARDEN GROVE SANITARY DISTRICT, a California special district, ("DISTRICT") and HF&H CONSULTANTS, LLC, herein after referred to as "CONSULTANT". RECITALS The following recitals are a substantive part of this Agreement: 1. DISTRICT is a subsidiary district of the City of Garden Grove. This Agreement is entered into pursuant to Board approval on March 23, 2021. I 2. DISTRICT desires to utilize the services of CONSULTANT to provide for I contract negotiation assistance to ensure Senate Bill (SB) 1383 compliance i (Attachment "A"). 3. CONSULTANT is qualified by virtue of experience, training, education and expertise to accomplish services. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Term and Termination This Agreement shall cover services rendered from date of this Agreement until the services described in CONSULTANT's proposal have been completed. This agreement may be terminated by the DISTRICT without cause. In such event, the DISTRICT will compensate CONSULTANT for work performed to date in accordance with proposal which is attached as Attachment A and is hereby incorporated by reference. CONSULTANT is required to present evidence to support performed work. 2. Services to be Provided. The services to be performed by CONSULTANT shall consist of tasks as set forth in CONSULTANT's Proposal. The Proposal is attached as Attachment A, and is incorporated herein by reference. The Proposal and this Agreement do not guarantee any specific amount of work. 3. Compensation. CONSULTANT shall be compensated as follows: 3.1 AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of Seventy Five Thousand Dollars ($75,000.00), payable in arrears and in accordance with CONTULATANT's Proposal in Attachment "A". 3.2 Payment. For work under this Agreement, payment shall be made per invoice for work completed. For extra work not a part of this Agreement, a written authorization by DISTRICT will be required, and payment shall be based on schedule included in Proposal (Attachment A). 1505432.1 i I I i 3.3 Records of Expenses. CONSULTANT shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to DISTRICT. 3.4 Termination. DISTRICT and CONSULTANT shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by DISTRICT, then the provisions of paragraph 3 would apply to that portion of the work completed. 4. Insurance requirements. 4.1 COMMENCEMENT OF WORK. CONSULTANT shall not commence work i under this Agreement until all certificates and endorsements have been received and approved by the DISTRICT. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the DISTRICT of any material change, cancellation, or termination at least thirty (30) days in advance and provide a Waiver of Subrogation in favor of the DISTRICT. 4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONSULTANT and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable. 4.3 INSURANCE AMOUNTS. CONSULTANT shall maintain the following insurance for the duration of this Agreement: (a) Commercial general liability in an amount of $1 ,000,000.00 per occurrence (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to DISTRICT and have a Best's Guide Rating of A-, Class VII or better, as approved by the DISTRICT. (b) Automobile liability in an amount of $1,000,000.00 combined single limit (claims made and modified occurrence policies are not acceptable); insurance companies must be acceptable to DISTRICT and have a Best's Guide Rating of A-, Class VII or better, as approved by the DISTRICT. (c) Professional liability in an amount not less than $1,000,000. Insurance companies must be admitted and licensed In California and have a Best's Guide Rating of A-,Class VII or better, as approved by the District. If the policy is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of the agreement, and for a period of three (3) years from the date of the completion of services provided. In the event of termination, cancellation, or material change in the policy, professional/consultant shall obtain continuing insurance coverage for the prior acts or omissions of professional/consultant during the course of performing services under the term of the agreement. The coverage shall be 2 i evidenced either by a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier. 4.4 An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate DISTRICT, its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONSULTANT. CONSULTANT shall provide to DISTRICT proof of insurance and endorsement forms that conform to DISTRICT's requirements, as approved by the DISTRICT. 4.5 An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate DISTRICT, its officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONSULTANT. CONSULTANT shall provide to DISTRICT proof of insurance and endorsement forms that conform to DISTRICT's requirements, as approved by the DISTRICT. 4.6 For any claims related to this Agreement, CONSULTANT's insurance coverage shall be primary insurance as respects DISTRICT, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the DISTRICT, its officers, officials, employees, agents, and volunteers shall be excess of the CONSULTANT's insurance and shall not contribute with it. 4.7 If CONSULTANT maintains higher insurance limits than the minimums shown above, CONSULTANT shall provide coverage for the higher insurance limits otherwise maintained by the CONSULTANT. 5. Non-Liability of Officials and Employees of the DISTRICT. No official or employee of DISTRICT shall be personally liable to CONSULTANT in the event of any default or breach by DISTRICT, or for any amount which may become due to CONSULTANT. 6. Non-Discrimination. CONSULTANT covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement. 7. Independent Contractor. It is agreed to that CONSULTANT shall act and be an independent contractor and not an agent or employee of the DISTRICT, and shall obtain no rights to any benefits which accrue to DISTRICT'S employees. 8. Compliance with Law. CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government. CONSULTANT shall comply with, and shall be responsible for causing all contractors and subcontractors performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The District makes no 3 i i warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements. 9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process. (Address of CONSULTANT) HF&H CONSULTANTS, LLC 19200 Von Karman Avenue, Suite 360 Irvine, CA 92612 Attention: Laith Ezzet, Senior Vice President (Address of DISTRICT) (with a copy to): City of Garden Grove Garden Grove City Attorney 11222 Acacia Parkway 11222 Acacia Parkway i Garden Grove, CA 92840 Garden Grove, CA 92840 i 10. CONSULTANT'S PROPOSAL. This Agreement shall include CONSULTANT'S j proposal or bid which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern. 11. Licenses, Permits, and Fees. At its sole expense, CONSULTANT shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement. 12. Familiarity with Work. By executing this Agreement, CONSULTANT warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the work or as represented by DISTRICT, it shall immediately inform DISTRICT of this and shall not proceed, except at CONSULTANT's risk, until written instructions are received from DISTRICT. 13. Time of Essence. Time is of the essence in the performance of this Agreement. 14. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONSULTANT, its principals and employees were a substantial inducement for DISTRICT to enter into this Agreement. CONSULTANT shall not contract with any other entity to perform the services required without written approval of the DISTRICT. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of DISTRICT. If CONSULTANT is permitted to subcontract any part of this Agreement, CONSULTANT shall be responsible to DISTRICT for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any 4 i contractual relationship between any subcontractor and DISTRICT. All persons engaged in the work will be considered employees of CONSULTANT. DISTRICT will deal directly with and will make all payments to CONSULTANT. 15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound. 16. Indemnification. To the fullest extent permitted by law, CONSULTANT shall II defend, and hold harmless DISTRICT and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any i way connected with the negligence, recklessness and/or intentional wrongful conduct of CONSULTANT, CONSULTANT's agents, officers, employees, subcontractors, or independent contractors hired by CONSULTANT in the performance of the Agreement. The only exception to CONSULTANT's responsibility to protect, defend, and hold harmless DISTRICT, is due to the sole negligence, recklessness and/or wrongful conduct of DISTRICT, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 17. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove Sanitary Board for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the DISTRICT. (Agreement Signature Block on Next Page) 5 i IN WITNESS THEREOF, the parties have executed this Agreement on the day and year shown below. GARDEN GROVE SANITARY DISTRICT Date: By Scott C. Stiles i General Manager ATTEST: By: IL00' /D Teresa Pomeroy Secretary HF&H CONSULTANTS, LLC I Date: 3IT/ By: By: APPROVED AS TO FORM: If CONSULTANT is a corporation, a Corporate Resolution and/or Corporate /7 Seal is required. If a Partnership, By: F / Statement of Partnership must be Omar s9ndovar submitted to DISTRICT. General Counsel 6 I r- 7e' f r+- t eTv 'x s,g': e..� -`ts z �Tc..-vr r• -.. _•'�y:�l IttachmenG9r a to t,y '�=c+-.`_7—.. �t h�' i. .�. s�.�tii 'f'yxt•,5'��.�R�.cz .y �Xi ` .Ys.,�.�-v- S�.`�ray E,➢.{yx� ��f 3' � �h,�. ''+,4''--•� y'✓a,t-K ti r .c 4 '`.x�� ti?� t�_a-°fa r✓'#f .Y�"FrSF� '�f ;' 9i�a � CITy�Y. �®FGARDEN4GR®VE � � ;, F ��-x�� r ` ' s zG=z= � 4 } lr"` SR•'c`tx�> ,rest � e:�^'�n 'i� al.ia ,,^''}x�m l5o•ab t'} `�' Fc ,+;' fr -A ' 4 r Sf• ,g r �t P lrl ii' jk : rt T Jr "x. 'l 1,7 Ur SCOPE„�C ,.t)}y S!�.s -t �4• 11 Y1� .24]� �5'�.4�_i4�r u �� � R��'�V-.Y�SN�+, 'a-�' f Sys �+y, s:.=tiV�. �"t> .._.xYr�.c:;•+1�Y '. -+:P __?.2.t�It�� *Yill�s�v:�l.t'u?.L'.rt\:Lfs'�a±....^.ser»f�3�S;n...n....?`. b_t�:dA's.r+e-. .�'t_�. �.:�+}n.M'..I SCOPE OF WORK AND FEE ESTIMATE FOR SOLID WASTE SB 1383 CONTRACTING ASSISTANCE Contract Negotiations with Republic Task 1 Prepare for and Conduct Kickoff Meeting with City Staff to Finalize Negotiation Strategy HF&H staff will prepare for and facilitate a kick-off meeting with City staff to confirm the contracting objectives, project schedule, and confirm the approach to the contract negotiations. The result of the meeting will be a document confirming the contracting strategy and project schedule. If requested, HF&H will also prepare for and attend one meeting to provide a briefing to the City Management or other City Officials based on direction from City staff given at the kick-off meeting. Task 2• Develop Meeting Documents and Conduct Meetings with Hauler and CCU HF&H staff will prepare for and facilitate a kick-off meeting with City staff and Republic Services to review a negotiation document that will summarize the City's contracting objectives. The result of the meeting will be annotated meeting notes documenting items that are verbally resolved and next steps. Task 3• Negotiations to Confirm Services Terms and Conditions Republic and the City can then negotiate rates that are consistent with the City's desired terms and conditions. The result of the initial meeting with the hauler will likely be a series of points that they wish to address and proposed rates that may or may not be satisfactory. HF&H will then assist in negotiating reasonable rates. We will also work with City staff to guide the City through its determination of which Republic concerns are minor and which are valuable enough not to negotiate without a substantial offsetting gain for the City. HF&H will assist the City by scheduling the necessary negotiation meetings and conference calls with all relevant parties from the City and Republic, creating meeting documents, and drafting meeting notes based on the discussions. Task 4• Review and Analyze Proposed Rate Impacts We will request Republic to provide supporting cost and operating assumptions related to any of the requested services or contract requirements that Republic believes may increase their February 23, 2021 1 HF&H Consultants, LLC attachment A i i City of Garden Grove Scone of Work and Fee Estimate SB 1383 Contracting Assistance costs. We will review this information for overall reasonableness based on our industry knowledge, and review Republic's supporting information to confirm the reasonableness of any requested adjustments to the current rates. Task S: Develop Updated Agreement Based on the discussions and direction provided by City staff described above, we will prepare l either an updated draft franchise agreement or contract amendment for the desired services and contract terms. City staff, including the City Attorney, will subsequently review the draft document, and the City will be responsible for consolidating comments from the City's various i reviewers into a single "redline' of the draft work product, which we will then use to prepare an updated draft work product. We will update the draft agreement to reflect the revisions provided by City staff and the City Attorney, and incorporate the negotiated terms with Republic. After the negotiations are complete, City staff will be responsible for finalizing the format of the agreement consistent with City standards and obtaining signatures, bonds, and endorsements. Task 6• Prepare for and Attend One City Council Meeting We have budgeted to attend one meeting of the City Council when the Council considers the new agreement for award. February 23, 2021 2 HF&H Consultants, LLC attachment A City of Garden Grove Scope of Work and Fee Estimate SB 1383 Contracting Assistance Cost Proposal To align with the breakdown prepared in the original proposal, the updated cost for the SIB 1383 Contract Negotiations is$75,000 per City if all five cities participate. Please see the i attached workplan for the detailed breakdown. The project costs for the negotiations(Tasks 1 through 6) have been reduced by$15,000 assuming that all five Republic cities that participated in the previous study phase continue to participate in this phase as shown in the table below: MINIM $90;00o r$86 250 ``$82`506'_ i ':$7s756 ` 575;666' Our actual costs may be higher or lower than this amount, depending on the level of support requested, and we will notify you in writing if a budget amendment is required. We will bill you once per month based on the number of hours worked, multiplied by our hourly billing rates, plus out-of-pocket expenses incurred. Payment is due within 30 days. Hourly rates through December 3111, 2021 are as follows and will be adjusted each January 1" by 2.5%: I Position Rate � Senior Vice President $299 Senior Manager $275 Senior Associate/Project Manager $179 to$249 Associate Analyst $160 to $175 Assistant Analyst $139 to $159 Administrative Staff $99 to $109 Expenses will be billed as follows: Mileage $0.50 per mile (or as adjusted by IRS allowance) outside document reproduction/couriers/postage Actual Public conveyances and parking Actual All other out-of-pocket expenses Actual Schedule We will commence the project in March 2021. We understand the City's goal is to implement an updated agreement, pending City Council approval, by January 1, 2022 to align with the current SIB 1383 timeline. Achieving this goal is dependent on reaching timely agreement on the terms of an updated agreement with Republic Services and approval of the amended agreement by the City Council. Staffing Laith Ezzet, Senior Vice President, will be the Project Director and he will be assisted by other HF&H staff with the appropriate skills for the assigned tasks. February 23, 2021 3 HF&H Consultants, LLC I lttachment A CITY OF GARDEN GROVE HFBH Warkplan for 561383 Contracting Assistance ' I project St.Vice Sr.Project IVI.n.ger/ DESCRIP71ON Pr Manager Senior Associate Contract Negotiations with Republic 1 Prepare for and Conduct Kickoff Meeting with City Staff 6 - 10 - 16 2 Develop Meeting Documents and Conduct WE.with Hauler and City 6 14 8 28 3 Negotiations to Confirm Services,Terms,and Conditions 72 72 6 150 4 Review and Analyze Proposed Rate Impacts 20 - 30 30 60 Develop Updated Agreement 14 8 30 52 6 Prepare for and Attend One City Council Meeting 4 6 ID Contract Negotiations Hours 122 8 162 24 316 i Contract Negotiations Consulting Fees $ 36,478 $ 2,200 $ 32,238 $ 3,816 $ 74,732 i Contract Negotiations Expenses 268 Total Contract Negotiations $ 75,000 Total Hours_--- —_+-- --_—— 122 --8 —_ 162 -- 24 316 Hourly Rates $ 299 $ 27S $ 199 $ 159 Total Consulting Fees $ 36,478 $ 2,200 $ 32,238 $ 3,816 $ 74,732 Total Expenses $ 268 Total Fees and Expenses $ 7S,G00 (1)Hours may be shifted among tasks. I i 2/23/2021 4 HFRII Consultants,llC ® DATEIMMIDD/1-WYI ACORO CERTIFICATE OF LIABILITY INSURANCE 08/31/2021 ik " THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condltlons of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT NAME: Jessica Thai Newfront Insurance Services,LLC PHONE 415 754-3635 FAX .WC.No.ErO: ( ) IA10,nP1: 55 2nd Street AIL ADDRESS jessica.thai@newfront.com Floor 18 INSURER(BI AFFORDING COVERAGE I NMCr San Francisco CA 94105 INSURER A: Citizens Ins Co of America 131534 INSURED INSURER B: Hanford Casualty Ins CO 129424 HF$H Consultants,LLC INSURER C: Gemini Insurance Company 110833 INSURER D: Hudson Excess Insurance Co 114484 201 N Civic Or Ste 230 INSURER E Walnut Creek CA 94596 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTRR TYPE OF INSURANCE I NSQADO ISUBR POLICY NUMBER MM ICY EFF I MMI,eYEXP LIMITS X I COMMERCIAL GENERAL LABILRY 11 EACH OCCURRENCE 1 f 2.000.000 OAJVE7ti RENTED 1,000,D00 _I CLAIM&MA➢E a OCCUR PREMISES Ea emrryn(gl_I(S �GEIIL MED EXP An o eoa. S 10,0n0 A X OBF.D681476-04 09106f2021 09/O6/2022 PERSONAL 6 ADV INJURY I S 2.000.000 � AGGREGAT E LIMIT APPLIES PER: GENERAL AGGREGATE IS 4,000,000 I X POLICY� JPER6 LCC PROOUCi 5-OO.MPIOP AGG I S 3,000,000 I /OTHER S IAUTOMOBILELIABILITY EOMeBIINI:U1 SINGLE LIMIT f 1.000.000 ANY AU I O BODILY INJURY(Per p,11.) `S A ALL OWNED I1�I SCHEDULED OBF.D681476-04 09/06/2021 09/06/2022 BODILY INJURY(Per..aC t)1 S AUTOS x HREDSAUtOs HAUT SVm'ED Pa akaPERTY DAMAGE 5 Ir-7I S J( UMBRELLA LIAB X OCCUR I EACH OCCURRENCE f 3.000,000 A { EXCESS LIAB 1.cLAuds-MADEI OBF-0681476-04 09106/2021 09/06/2022 AGGREGATE S 3,000,000 R�Trn �I DEC ION, S WORKERS COMPENSATION X P R I IOH- AND EMPLOYERS'LIABILITY STNT VIJF MYPROPRIETORPARTNEREXECLITIVE YIN E.L.EACH ACCIDENT 1 f 1,000,000 8 OFFICERMEMBEREXOW E.L.DISEASE-EA EMPLOYEEDED? ❑ NIA 57WECZR5765 09/06/2021 09106/2022 (Mandatary In NH) f 1,000,000 IIy Cdeswa uMG EL DESRIFT ION OF OPERATIONS bebw DISEASE-POLICY LIMIT I S 1,000.000 Errors and Omissions Each claim:$2,000,000 C VNPLOO8121 09/06/2021 09/06/2022 General aggregate:$2,000,000 Claims-made Deductible:S10.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Sobedule.may Oas Ilmpe Pala rriRA Insured D:Cyber.Policy Number:CYB-3015118-00.Effective date:(03/31/2021-09/O6/2022).Each imr$1.000,000. The City of Huntington Beach,its Officers,elected or appointed officials,employees,age s-and vDlu leersere an additional insured as required by a written contract mat respect to General Liability. � 'A.- L41rT 5A' ..- of aM04 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN:DEBRA JUBINSKV ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main Street AUTHORHEDREPRESENTATTIE Hunt N� Huntington Beach CA 92648 , ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: OBF-D681476-04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit Included 1 2. Additional Insured - Broad Form Vendors Included 2 3. Alienated Premises Included 3 4. Broad Form Property Damage - Borrowed Equipment, Customers Included 3 Goods and Use of Elevators 5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3 6. Personal and Advertising Injury - Broad Form Included 4 7. Product Recall Expense Included I 4 Product Recall Expense Each Occurrence Limit S25,000 5 Occurrence Product Recall Expense Aggregate Limit $50,000 5 Aggregate Product Recall Deductible $500 I 5 8. Unintentional Failure to Disclose Hazards Included 6 9. Unintentional Failure to Notify Included —� This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. The following changes are made to SECTION II - (2) Premises you own, rent, lease or LIABILITY: occupy; or 1. Additional Insured by Contract, Agreement or (3) Your maintenance, operation or use of Permit equipment leased to you. The following is added to SECTION II - b. The insurance afforded to such additional LIABILITY, C. Who Is An Insured: insured described above: Additional Insured by Contract, Agreement or (1) Only applies to the extent permitted by Permit law; and a. Any person or organization with whom you (2) Will not be broader than the insurance agreed in a written contract, written which you are required by the contract, agreement or permit to add such person or agreement or permit to provide for such organization as an additional insured on additional insured. your policy is an additional insured only with (3) Applies on a primary basis if that is respect to liability for "bodily injury", required by the written contract, written "property damage", or "personal and agreement or permit. advertising injury" caused, in whole or in part, by your acts or omissions, or the acts (4) Will not be broader than coverage or omissions of those acting on your behalf, provided to any other insured. but only with respect to: (5) Does not apply if the "bodily injury", (1) "Your work" for the additional insured(s) "property damage" or "personal and designated in the contract, agreement or advertising injury'Is otherwise excluded permit; from coverage under this Coverage Part, including any endorsements thereto. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc.,with its permission. Page 1 of 6 nnceHanover Inat Group- OBF D681476 5701751 c. This provision does not apply: The most we will pay on behalf of the (1) Unless the written contract or written additional insured for a covered claim is the agreement was executed or permit was lesser of the amount of insurance: issued prior to the "bodily injury", 1. Required by the contract, agreement or "property damage", or "personal injury permit described in Paragraph a.; or and advertising injury". 2. Available under the applicable Limits of (2) To any person or organization included Insurance shown in the Declarations. as an insured by another endorsement This endorsement shall not increase the issued by us and made part of this applicable Limits of Insurance shown in the Coverage Part. Declarations (3) To any lessor of equipment: e. All other insuring agreements, exclusions, (a) After the equipment lease expires, or and conditions of the policy apply. (b) If the "bodily injury", "property 2. Additional Insured - Broad Forth Vendors damage", "personal and advertising The following is added to SECTION II - injury" arises out of sole negligence LIABILITY, C. Who Is An Insured: of the lessor. (4) To any: Additional Insured - Broad Forth Vendors a Owners or other interests from whom a. Any person or organization that is a vendor ( ) with whom you agreed in a written contract land has been leased if the or written agreement to include as an occurrence" takes place or the additional insured under this Coverage Part offense is committed after the lease is an insured, but only with respect to liability for the land expires; or for "bodily injury" or "property damage" (b) Managers or lessors of premises if: arising out of "your products" which are (i) The "occurrence" takes place or distributed or sold in the regular course of the offense is committed after the vendor's business. you cease to be a tenant in that b. The insurance afforded to such vendor premises; or described above: (ii) The "bodily injury", "property (1) Only applies to the extent permitted by damage", "personal injury" or law; "advertising injury" arises out of (2) Will not be broader than the insurance structural alterations, new which you are required by the contract or construction or demolition agreement to provide for such vendor; operations performed by or on behalf of the manager or lessor. (3) Will not be broader than coverage (5) To "bodily injury", "property damage" or provided to any other insured; and personal and advertising injury" arising (4) Does not apply if the "bodily injury", out of the rendering of or the failure to property damage" or "personal and render any professional services. advertising injury" is otherwise excluded lies even if the claims from coverage under this Coverage Part, This exclusion applies including any endorsements thereto against any insured allege negligence or other wrongdoing in the supervision, c. With respect to insurance afforded to such hiring, employment, training or vendors, the following additional exclusions monitoring of others by that insured, if apply: the "occurrence" which caused the The insurance afforded to the vendor does "bodily injury" or "property damage" or not apply to: the offense which caused the "personal "Bodily injury" or "property dama e" for and advertising injury" involved the (1) y 1 y g rendering of or failure to render any which the vendor Is obligated to pay professional services by or for you. damages by reasons of the assumption of liability in a contract or agreement. This d. With respect to the insurance afforded to exclusion does not apply to liability for these additional insureds, the following is damages that the insured would have in added to SECTION II - LIABILITY, D. Liability the absence of the contract or and Medical Expense Limits of Insurance: agreement; (2) Any express warranty unauthorized by you; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 2 of 6 (3) Any physical or chemical change in the The most we will pay on behalf of the vendor product made intentionally by the for a covered claim is the lesser of the vendor; amount of insurance: (4) Repackaging, unless unpacked solely for 1. Required by the contract or agreement the purpose of inspection, described in Paragraph a.; or demonstration, testing, or the 2, Available under the applicable Limits of substitution of parts under instruction Insurance shown in the Declarations; from the manufacturer, and then repackaged in the original container; This endorsement shall not increase the (5) Any failure to make such inspection, applicable Limits of Insurance shown in the adjustments, tests or servicing as the Declarations. vendor has agreed to make or normally 3. Alienated Premises undertakes to make in the usual course SECTION II - LIABILITY, B. Exclusions, 1. of business in connection with the sale Applicable To Business Liability Coverage k. of the product; Damage to Property, paragraph (2) is replaced by (6) Demonstration, installation, servicing or the following: repair operations, except such (2) Premises you sell, give away or abandon, if operations performed at the vendor's the "property damage" arises out of any part premises in connection with the sale of of those premises and occurred from hazards the product, that were known by you, or should have (7) Products which, after distribution or sale reasonably been known by you, at the time by you, have been labeled or relabeled the property was transferred or abandoned. or used as a container, part or 4. Broad Form Property Damage - Borrowed ingredient of any other thing or Equipment,Customers Goods, Use of Elevators substance by or for the vendor; a. The following is added to SECTION II - (8) "Bodily injury" or "property damage" LIABILITY, B. Exclusions, 1. Applicable To arising out of the sole negligence of the Business Liability Coverage, k. Damage to vendor for its own acts or omissions or Property: those of its employees or anyone else Paragraph 4 dt I to "property acting on its behalf. However, this ( ) oes no apply y exclusion does not apply to: damage" to borrowed equipment while at a jobsite and not being used to perform (a) The exceptions contained within the operations. exclusion in subparagraphs (4) or (6)above; or Paragraph (3), ( ) an ( ) o no apply 4 d 6 do I to "property damage' to "customers goods" (b) Such inspections, adjustments, tests while on your premises nor to the use of or servicing as the vendor has elevators. agreed to make or normally th Fo r or e undertakes to make in the usual purposes of this endorsement, the course of business, in connection following definition is added to SECTION II - with the distribution or sale of the LIABILITY, F. Liability and Medical Expenses products. Definitions: (9) "Bodily injury" or "property damage" 1. "Customers goods" means property of arising out of an "occurrence" that took your customer on your premises for the place before you have signed the purpose of being: contract or agreement with the vendor. a. Worked on; or (10)To any person or organization included b. Used in your manufacturing process. as an insured by another endorsement c. The insurance afforded under this provision is issued by us and made part of this excess over any other valid and collectible Coverage Part. property insurance (including deductible) (11)Any insured person or organization, available to the insured whether primary, from whom you have acquired such excess, contingent or on any other basis. products, or any ingredient, part or container, entering into, accompanying 5. Incidental Malpractice - Employed Nurses, EMTs or containing such products. and Paramedics d. With respect to the insurance afforded to SECTION II - LIABILITY, C. Who Is An Insured, these vendors, the following is added to paragraph 2.a.(1)(d) does not apply to a nurse, SECTION II - LIABILITY, D. Liability and Medical Expense Limits of Insurance: 391.1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc.,with its permission. Page 3 of 6 Z'4i>K Hnover Iansurance Group. OBF 0681476 5701751 emergency medical technician or paramedic o. Recall of Products, Work or Impaired employed by you if you are not engaged in the Property is replaced by the following: business or occupation of providing medical, o. Recall of Products, Work or Impaired paramedical, surgical, dental, x-ray or nursing Property services. 6. Personal Injury Broad Form Damages claimed for any loss, cost or 1 n' ' expense incurred by you or others for a. SECTION II - LIABILITY, B. Exclusions, 2. the loss of use, withdrawal, recall, Additional Exclusions Applicable only to inspection, repair, replacement, "Personal and Advertising Injury", paragraph adjustment, removal or disposal of: e. is deleted. (1) "Your product"; b. SECTION If - LIABILITY, F. Liability and (2) "Your work": or Medical Expenses Definitions, 14. "Personal and advertising injury", paragraph b. is (3) "Impaired property"; replaced by the following: If such product, work or properly is b. Malicious prosecution or abuse of withdrawn or recalled from the market or process. from use by any person or organization C. The followings added to SECTION II - because of a known or suspected defect, deficiency, inadequacy or dangerous LIABILITY, F. Liability and Medical Expenses condition in it, but this exclusion does Definitions, Definition 14. "Personal and not apply to "product recall expenses" advertising injury": that you incur for the "covered recall" of "Discrimination" (unless insurance thereof is "your product". prohibited by law) that results in injury to the However, the exception to the exclusion feelings or reputation of a natural person, does not apply to "product recall but only if such "discrimination" is: expenses" resulting from: (1) Not done intentionally by or at the (4) Failure of any products to accomplish direction of: their intended purpose; (a) The insured; (5) Breach of warranties of fitness, (b) Any officer of the corporation, quality, durability or performance; director, stockholder, partner or (6) Loss of customer approval, or any member of the insured; and cost incurred to regain customer (2) Not directly or indirectly related to an approval; "employee", not to the employment, (7) Redistribution or replacement of prospective employment or termination "your product" which has been of any person or persons by an insured. recalled by like products or d. For purposes of this endorsement, the substitutes; following definition is added to SECTION II - (8) Caprice or whim of the insured; LIABILITY, F. Liability and Medical Expenses Definitions: (9) A condition likely to cause loss of 1. "Discrimination" means the unlawful which any insured knew or had treatment of individuals based upon race, reason color, ethnic origin, gender, religion, age, this insurance; to know at the inception of or sexual preference. "Discrimination" (10)Asbestos, including loss, damage or does not include the unlawful treatment clean up resulting from asbestos or of individuals based upon developmental, asbestos containing materials; or physical, cognitive, mental, sensory or (11)Recall of "your products" that have emotional impairment or any no known or suspected defect solely combination of these. because a known or suspected e. This coverage does not apply if liability defect in another of "your products' coverage for "personal and advertising has been found. injury" is excluded either by the provisions of b. The following is added to SECTION II - the Coverage Form or any endorsement LIABILITY, C. Who Is An Insured, paragraph thereto. 3.b.: 7. Product Recall Expense "Product recall expense" arising out of any a. SECTION II - LIABILITY, B. Exclusions, 1. withdrawal or recall that occurred before you Applicable To Business Liability Coverage, acquired or formed the organization. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 4 of 6 c. The following is added to SECTION II - of a deductible amount, you shall LIABILITY, D. Liability and Medical Expenses promptly reimburse us for the part of the Limits of Insurance: deductible amount we paid. Product Recall Expense Limits of Insurance The Product Recall Expense Limits of a. The Limits of Insurance shown in the Insurance apply separately to each SUMMARY OF COVERAGES of this consecutive annual period and to any endorsement and the rules staled below remaining period of less than 12 months, fix the most that we will pay under this starting with the beginning of the policy Product Recall Expense Coverage period shown in the Declarations, unless the regardless of the number of: policy period is extended after issuance for an additional period of less than 12 months. (1) Insureds; In that case, the additional period will be (2) "Covered Recalls" initiated; or deemed part of the last preceding period for 3 Number of "your products.' the Purposes of determining the Limits of ( ) Y P Insurance. nsurance. b. The Product Recall Ex Aggregate d. The following is added to SECTION II - ExpenseLIABILITY, E. Liability and Medical Expense Limit is the most that we will reimburse General Conditions, 2. Duties in the Event of you for the sum of all "product recall Occurrence, Offense, Claim or Suit: expenses" incurred for all "covered recalls" initiated during the policy period. You must see to it that the following are Each Occurrence done in the event of an actual or anticipated c. The Product Recall Limit is the most Ea will Occur n "covered recall" that may result in "product connection with any one defect or recall expense": deficiency. (1) Give us prompt notice of any discovery d. All "product recall expenses" n or notification that "your product" must P P enses be withdrawn or recalled. Include a connection with substantially the same description of "your product" and the general harmful condition will be reason for the withdrawal or recall, deemed to arise out of the same defect or deficiency and considered one (2) Cease any further release, shipment, "occurrence". consignment or any other method of e. An amount reimbursed for "product distribution of like or similar products Y P until it has been determined that all recall expenses" in connection with any such products are free from defects that one "occurrence" will reduce the amount could be a cause of loss under this of the Product Recall Expense Aggregate insurance. Limit available for reimbursement of "product recall expenses" in connection e. For the purposs of this endorsement, the with any other defect or deficiency. following definitions are added to SECTION II - LIABILITY, F. Liability and Medical f. If the Product Recall Expense Aggregate Expenses Definitions: Limit has been reduced by reimbursement of "product recall 1. "Covered recall" means a recall made expenses" to an amount that is less than necessary because you or a government the Product Recall Expense Each body has determined that a known or Occurrence Limit, the remaining suspected defect, deficiency, Aggregate Limit is the most that will be inadequacy, or dangerous condition in available for reimbursement of "product "your product" has resulted or will result recall expenses" in connection with any in "bodily injury" or "property damage". other defect or deficiency. 2. "Product recall expense(s)" means: g. Product Recall Deductible a. Necessary and reasonable expenses We will only pay for the amount of for "product recall expenses" which are in (1) Communications, including radio excess of the S500 Product Recall or television announcements or Deductible. The Product Recall printed advertisements including Deductible applies separately to each stationary, envelopes and "covered recall". The limits of insurance postage; will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount, if applicable. Upon notice of our payment 391-1006 08 16 Includes copyrighted materials of Insurance services Offices. Inc.,with its permission. Page 5 of 6 Hanover Insurance Group- OBF D681476 5701751 (2) Shipping the recalled products (1) If the "products - completed operations from any purchaser, distributor or hazard" is excluded from coverage under user to the place or places this Coverage Part including any designated by you; endorsement thereto; or (3) Remuneration paid to your (2) To "product recall expense" arising out of regular "employees" for any of "your products" that are otherwise necessary overtime; excluded from coverage under this (4) Hiring additional persons, other Coverage Part including endorsements than your regular "employees", thereto. (5) Expenses incurred by"employees" 8. Unintentional Failure to Disclose Hazards including transportation and The following is added to SECTION II - accommodations; LIABILITY, E. Liability and Medical Expenses (6) Expenses to rent additional General Conditions: warehouse or storage space; Representations (7) Disposal of "your product", but We will not disclaim coverage under this only to the extent that specific Coverage Part if you fail to disclose all hazards methods of destruction other than existing as of the inception date of the policy those employed for trash provided such failure is not intentional. discarding or disposal are g, Unintentional Failure to Notify required to avoid "bodily injury" The following or "property damage" as a result gs added to SECTION II - of such disposal, LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of you incur exclusively for the purpose Occurrence, Offense, Claim or Suit: of recalling "your product and Your rights afforded under this Coverage Part b. Your lost profit resulting from such shall not be prejudiced if you fail to give us "covered recall". notice of an "occurrence", offense, claim or "suit", I. This Product Recall Expense Coverage does solely due to your reasonable and documented not apply: belief that the "bodily injury", "property damage" or "personal and advertising injury" Is not covered under this Policy. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391 A006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 6 of 6 Professional Service Approval Form Request Date 7/28/2021 Requester Name Jubinsky,Debra Department` PUBLIC WORKS Project Manager Name` Jubinsky,Debra PARTS 1 OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER,FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS.PART f MUST BE FILED IMTN ALL APPROVED CONTRACTS. Briefly provide the purpose for the agreement' Assist department to develop and negotiate with hauler for S8 1383 compliant organics recycling programs, including the development of franchise amendment and ordinances mandated by the State Estimated cost of the services being sought" S 75.000.00 Are sufficient funds available to fund this contract?* i•J Yes ONo If no,please explain* Check below how the services will be obtained:` O A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. iJ MC 3.03.08(b)—Other Interagency Agreement procedure will be utilized. O MC 3.03.08—Contract Limits of S30,000 or less exempt procedure will be utilized. O MC 8.61.040(8)(1)—Contract is below simplified acquisition threshold exempt procedure for FEMA/Unifonn Guidance/Federal Grant Funded. Check if applicable for contract provisions: p FEMA/Uniform Guidance/Federal Grant Funded(please also indicate on RLS) Other Interagency Agreement Attachment` 2021 03 24 Garden Grove HFH interagency.pdf 514.47KB Is this contract generally described on the list of professional service contracts approved by the City Council?If the answer to this question is"No,"the contract will require approval from the City Council.)` v Yes 0No Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): Business Unit. Fiscal Year` Dollar Amount` Description(auto-populates if account number is Object Code' valid) 50485103.69365 2021-2022 $40,000.00 Other Professional Services 10085102.69365 2021-2022 6 35,000.00 Other Professional Services Approval Department Head Approval Department Head Approver Crumby,Sean Date 7/29/2021 Department Head Action No Action Taken • Approve Reject Action Notes Purchasing Approval Purchasing Approver Litvak,Gtynis Date 8/2/2021 Purchasing Action" No Action Taken • Approve Reject Action Notes Budget Approval Budget Approver Bubenheim,Serena Date 8/2t2021 Budget Action' No Action Taken • Approve Reject Action Notes CFO Approval CFO Approver Rief,Sunny Date 8/2/2021 CFO Action` No Action Taken • Approve Reject Action Notes City Manager Approval City Manager Approver Hopkins,Travis Date 802021 City Manager Action' No Action Taken • Approve Reject Action Notes Professional Service Approval Form PART II Request Date 8/6/2021 Requester Name Jubinsky,Debra Department' PUBLIC WORKS Project Manager Name* Jubinsky,Debra PARTS 1 &2 OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL.PART 1 &2 MUST BE FILED WITH ALL APPROVED CONTRACTS. Link to the related Lasefiche form(s)here Name of consultant: HFBH Amount of this contract: 8 75.000.00 Account Number and Contractual Dollar Amount Business Unit. Fiscal Year* Dollar Amount* Description(auto-populates if account number is Object Code* valid)* 50485103.69365 2021-2022 $40,000.00 Other Professional Services 10085102.69365 2021-2022 $35.000.00 Other Professional Services Were formal written proposals requested from at least three available qualified consultants?" O Yes J No If no,please explain` Attach a list of consultants from whom proposals were requested(including a contact telephone number.)* 2021 03 24 Garden Grove HFH interagency.pdf 514.47KB Attach Exhibit A,which describes the proposed scope of work." HFH Scope of Work for SS 1383 2021 06 10.pdf 232.49KB Attach Exhibit 8,which describes the payment terms of the contract.` HFH SB 1383 EXH B.docx 12.75KB Approval Department Head Approval Department Head Approver Crumby,Sean Date 8/6/2021 Department Head Action' No Action Taken • Approve Reject Action Notes Purchasing Approval Purchasing Approver Litvak,Glynis Date 8/9/2021 Purchasing Action No Action Taken • Approve Reject Action Notes Budget Approval Budget Approver Bubenheim, Serena Date 8110f2021 Budget Action" No Action Taken • Approve Reject Action Notes CFO Approval CFO Approver Rief,Sunny Date 8/102021 CFO Action' No Action Taken • Approve Reject Action Notes City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov 1�till Office of the City Clerk ' Robin Estanislau, City Clerk November 1, 2021 HF&H Consultants, LLC ATTN: Laith Ezzet 201 North Civic Drive, Suite 230 Walnut Creek, CA 94596 Dear Mr. Ezzet: Enclosed is a copy of the fully executed "Professional Services Contract between the City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services for SB1383 Compliance." Sincerely, 444OU q4fanmj4tj Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand — cnoo • i I NJ of a x�a�p1 W25Gfi 1fl51 CLASS N. ••'•Y' oil = \ City of Huntington Beach -x - 2000 Main Street • Huntington Beach, CA 92648 (714) 536-5227 ♦ N�iNiv.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk October 7, 2021 HF&H Consultants, LLC ATTN: Laith Ezzet 19200 Von Karmen Ave., Suite 360 Irvine, CA 92612 Dear Mr. Ezzet: Enclosed is a copy of the fully executed 'Professional Services Contract between the City of Huntington Beach and HF&H Consultants, LLC for Negotiation Services for SB1383 Compliance." Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan • Waitakere, New Zealand