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HomeMy WebLinkAboutReso 118-23 Item 5.2 Approving Amendment #3 to the Agreement with HF&H Consultants, LLC for Senate Bill 1383 and Solid Waste Franchise Support ServicesDocuSign Envelope ID: 4D1071 F4-5380-4D77-AC7B-B93C46299EAB RESOLUTION NO. 118 — 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT #3 TO THE AGREEMENT WITH HF&H CONSULTANTS, LLC FOR SENATE BILL 1383 AND SOLID WASTE FRANCHISE SUPPORT SERVICES WHEREAS, in March 2021, the City issued a Request for Proposals (RFP) for Solid Waste Franchise Agreement Amendment and California Senate Bill (SB) 1383 Implementation Assistance for support with contract negotiations with the City of Dublin's franchised waste hauler, Amador Valley Industries; and WHEREAS, Staff reviewed and evaluated the proposal in accordance with the RFP rating criteria and the City entered into an agreement with HF&H Consultants, LLC for solid waste franchise agreement amendment and SB 1383 implementation services; and WHEREAS, the City Council of the City of Dublin approved an agreement with HF&H Consultants, LLC on June 1, 2021, for Senate Bill (SB) 1383 and Solid Waste Franchise support services; and WHEREAS, the City amended the agreement with HF&H Consultants, LLC on April 5, 2022, to increase the scope of work, increase the compensation, and extend the term of the contract; and WHEREAS, the City further amended the agreement with HF&H Consultants, LLC on June 20, 2023 to increase the scope of work, increase the compensation, and extend the term of the contract to June 30, 2026; and WHEREAS, the City wishes to further amend the agreement with HF&H Consultants, LLC to expand the scope of work and increase the compensation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment #3 to the agreement with HF&H Consultants, LLC, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment, and make any necessary, non -substantive changes to carry out the intent of this Resolution. {Signatures on Following Page} Reso. No. 118-23, Item 5.2, Adopted 12/05/2023 Page 1 of 2 DocuSign Envelope ID: 4D1071 F4-5380-4D77-AC7B-B93C46299EAB Exhibit A AMENDMENT #3 TO CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND HF&H CONSULTANTS, LLC WHEREAS, on June 2, 2021, the City of Dublin (hereinafter referred to as "CITY") and HF&H Consultants, LLC (hereinafter referred to as "CONTRACTOR ") entered into a CONTRACTOR Services Agreement for Solid Waste Franchise Agreement Amendment and SB 1383 Implementation services (hereinafter referred to as the "AGREEMENT"); and WHEREAS, on April 5, 2022, a First Amendment to the AGREEMENT was entered into to add scope, budget, and extend the term of service to June 30, 2024; and WHEREAS, on June 20, 2023, a Second Amendment to the AGREEMENT was entered into to add scope, budget, and extend the term of service to June 30, 2026; and WHEREAS, the scope of work in the existing AGREEMENT is on -going; and WHEREAS, the CITY and CONTRACTOR now mutually desire to amend the AGREEMENT to include additional scope of work as described in Exhibit A and increase the compensation. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 2 shall be rescinded in its entirety and replaced with the following: Compensation. City hereby agrees to pay Contractor a sum not to exceed $349,515 which includes a $30,000 contingency notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further Page 1 of 3 DocuSign Envelope ID:4D1071F4-5380-4D77-AC7B-B93C46299EAB agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2) Revised Exhibit A (Scope of Services) of the AGREEMENT is amended per the attached. 3) Except to the extent inconsistent with this Third Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. SIGNATURES ON THE FOLLOWING PAGE Page 2 of 3 DocuSign Envelope ID:4D1071F4-5380-4D77-AC7B-B93C46299EAB IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be executed as of the date of the City Manager's signature below. CITY OF DUBLIN By: Linda Smith, City Manager Dated: ATTEST: By: Marsha Moore, City Clerk APPROVED AS TO FORM: By: City Attorney HF&H CONSULTANTS, LLC DocuSigned by: By. 88276C880CEC47F... Rob Hilton, President Page 3of3 DocuSign Envelope ID:4D1071F4-5380-4D77-AC7B-B93C46299EAB EXHIBIT A SCOPE OF SERVICES Task 1- Franchise Agreement Amendments and SB 1383 Implementation The Contractor will examine the City's existing franchise agreement with AVI to determine what tasks and activities are recommended to be included in the franchise agreement as hauler responsibilities to ensure the City's compliance with SB 1383 regulations. The Contractor will also review the City's solid waste ordinances and provide guidance on recommended updates to the ordinances to meet SB 1383 requirements. Subtasks: 1. Review the City's solid waste franchise agreement and related activities performed by the City's waste hauler to conduct a gap analysis to assess what programs and activities are needed for the City to be in compliance with all SB 1383 provisions. As part of the gap analysis, the Consultant will identify areas where the City is already meeting SB 1383 requirements and areas in which new programs/activities are required to meet SB 1383 mandates. 2. Identify SB 1383 program areas that should be implemented with City staff or resources and those that should be considered during solid waste franchise agreement contract negotiations as hauler obligations. 3. Provide a financial analysis detailing an estimate of SB 1383 program costs, both for City supported programs/activities and hauler programs and activities. The financial analysis must identify potential funding streams for the various programs/activities. 4. Support City staff in contract negotiations with AVI on SB 1383 franchise agreement amendments. Provide recommendations to the City during contract negotiations. 5. Review the City's solid waste ordinances and template ordinances provided by CalRecyle and/or StopWaste and provide a draft ordinance revision and recommendations regarding updating City ordinances to meet SB 1383 mandates. 6. Support City staff with preparations and presentation to City Council Deliverables: At minimum, deliverables for Task 1 shall include the following: 1. Gap Analysis on franchise agreement and other solid waste program activities to determine SB 1383 compliance status. DocuSign Envelope ID:4D1071F4-5380-4D77-AC7B-B93C46299EAB 2. Financial Report detailing program implementation costs and potential funding sources to meet SB 1383 mandates. 3. Report outlining suggested amendments to the City's existing solid waste franchise agreement. 4. Provide a draft solid waste ordinance revision with recommendations for updates to the City's solid waste ordinances. Task 2- Franchise Management Technical Assistance As directed by the City, HF&H will assist with various tasks associated with monitoring, managing, analyzing, benchmarking, negotiating, and otherwise providing input regarding the City's solid waste, recyclables, and organics materials collection and post -collection contract. As directed by the City, HF&H will also assist with various tasks associated with the rates, charges, and cost of service related to the City's franchised solid waste, recyclables, and organic materials, collection and post -collection operations. Tasks may include, but are not limited to performance and compensation reviews, review of annual rate applications, and audits. HF&H will be available on a time and materials basis. Task 3- SB 1383 Technical Assistance Subtasks: 1. Support Compost Brokering. HF&H will support the City in achieving compliance with its SB 1383 "Recovered Organic Waste Product Procurement" requirements as modified by AB 1985 in 2022. Specifically HF&H will facilitate an arrangement with Agromin, Inc. to broker the City's recovered organic waste quota each year on the City's behalf. Under this arrangement, Agromin would qualify as a direct service provider to the City. In addition, the Agreement with Agromin would have provisions for the City or City -specified projects to receive SB 1383-compliant compost or mulch products. HF&H's scope of work for this task will include negotiating an Agreement with Agromin, facilitating review of that Agreement by City Attorney's office, and preparing a brief staff report for City staff to bring the Agreement to City Council. Following City Council adoption of the Agreement, HF&H will work with Agromin at each reporting milestone to receive and review the reports and ensure that the City is on track for their annual requirements. 2. Support Modification of Municipal Code and Design Guidelines for Development Projects. HF&H will work with City staff to modify the Dublin Municipal Code to clarify requirements for new developments related to adequate space for recycling and organics. HF&H will facilitate a design session with City staff, including solid waste, engineering, and planning/building staff, to discuss the desired changes to the Municipal Code. Based on the input in the design session, HF&H will research practices in other communities to identify potential alternative approaches. HF&H DocuSign Envelope ID:4D1071F4-5380-4D77-AC7B-B93C46299EAB will meet again with City staff to discuss the proposed handling of the issue prior to drafting the revised code language. Based upon the agreed -upon approach, HF&H will draft the Municipal Coad language and/or design guidelines for the City's consideration. The scope of work for this task includes one revised draft of the document. 3. Additional SB 1383 technical assistance may be requested by the City, as needed. Task 4- Disposal Contract Negotiations Assistance The City's current agreement with Waste Management for disposal of landfill waste at the Altamont Landfill expires on June 30, 2025. The Contractor will assist the City in negotiations with Waste Management on a new disposal contract. Some of the expected key terms of the agreement to be negotiated include the rate adjustment methodology, the term, compost procurement, and pricing. Subtasks: 1. Review the City's current disposal agreement and make suggestions for changes to terms of the agreement based on the City's goals. 2. Coordinate and lead negotiation meetings with the City and WM. 3. Utilize publicly available tip fee data on local and regional landfills, knowledge of recent and applicable disposal negotiations for comparable services and compare this information to WM's proposal for services. 4. Draft and finalize changes to the disposal agreement for review by the City. 5. Support City staff with preparations and presentation to City Council.