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HomeMy WebLinkAboutReso 25-22 Approving Amendment #1 Agreement-Hf&H Consultants, LLC for Solid Waste Franchise Agreement Reso. No. 25-22, Item 4.2, Adopted 04/05/2022 Page 1 of 1 RESOLUTION NO. 25 – 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT #1 TO THE CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND HF&H CONSULTANTS, LLC FOR SOLID WASTE FRANCHISE AGREEMENT AMENDMENT AND SENATE BILL 1383 IMPLEMENTATION 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 determined that HF&H Consultants, LLC met the City’s desired scope of services, based on quality, completeness of the submission, and the firm’s experience with engagements of similar scope and complexity; and WHEREAS, on June 1, 2021, the City Council approved a Contractor Services Agreement with HF&H Consultants LLC for solid waste franchise agreement amendment and SB 1383 implementation services; and WHEREAS, the City and Contractor mutually desire to amend the Agreement to increase the scope of work, increase the compensation, and extend the contract term to June 30, 2024. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment #1 to the Contractor Services 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 to the agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 5th day of April 2022, by the following vote: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston, and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Page 1 of 3 AMENDMENT #1 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, the scope of work in the existing AGREEMENT is on-going and additional budget is required to complete the scope of work; and WHEREAS, the CITY and CONTRACTOR mutually desire to amend the AGREEMENT to include additional scope of work as described in Exhibit A, increase the compensation, and extend the term of services to June 30, 2024. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1)Section 1 shall be rescinded in its entirety and replaced with the following: SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as revised Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 2)Section 1.1 shall be rescinded in its entirety and replaced with the following: Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 3)Section 2 shall be rescinded in its entirety and replaced with the following: Exhibit A Page 2 of 3 COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $223,075, 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 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. 4)Revised Exhibit A (Scope of Services) of the AGREEMENT is amended per the attached. 5)Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 6)All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 7)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 Consultant to the terms and conditions of this Amendment. SIGNATURES ON THE FOLLOWING PAGE Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below. CITY OF DUBLIN HF&H CONSULTANTS, LLC. By: _____________________________ By: _____________________________ Linda Smith, City Manager Rob Hilton, President Dated: ATTEST: By: _____ Marsha Moore, City Clerk APPROVED AS TO FORM: By: _____________________________ City Attorney EXHIBIT A SCOPE OF SERVICES Task 1- Franchise Agreement Amendments and SB 1383 Implementation The Consultant 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 Consultant will also review the City’s solid waste ordinances and provide guidance on recommended updates to the ordinances to meet SB 1383 requirements. Tasks: 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. 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 reviews, review of annual rate applications, and audits. HF&H will be available on a time and materials basis.