HomeMy WebLinkAboutReso 65-23 Approving Amendment #2 to the Agreement With HF&H Consultants, LLC for Senate Bill 1383 and Solid Waste Franchise Support Services
Reso. No. 65-23, Item 4.3, Adopted 06/202023 Page 1 of 1
RESOLUTION NO. 65 – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT #2 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 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 wishes to further amend the agreement with HF&H Consultants, LLC
to expand the scope of work, increase the compensation, and extend the contract term to June
30, 2026.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve Amendment #2 to the agreement with HF&H Consultants, LLC, attached hereto
as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
the Amendment, and make any necessary, non-substantive changes to the Amendment to carry
out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of June 2023, by the following vote:
AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
DocuSign Envelope ID: 55A0E7D6-2109-43E7-A206-BBB7911FC688
DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D
AMENDMENT #2 TO CONSULTANT 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 "CONSULTANT ") entered
into a CONSULTANT 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, the CITY and CONSULTANT amended the
AGREEMENT to add scope, budget, and extend the term of service to June 30, 2024; and
WHEREAS, the scope of work in the existing AGREEMENT is on-going; and
WHEREAS, the CITY and CONSULTANT now 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, 2026; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
AGREEMENT to update the compensation schedule by modifying Exhibit B of the
AGREEMENT.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1)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, 2026, and Consultant 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
Consultant 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 Consultant and the City Manager, provided
that: a) sufficient funds have been appropriated for such purchase, b) the price
charged by the Consultant 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.
2)Section 2 shall be rescinded in its entirety and replaced with the following:
Compensation. City hereby agrees to pay Consultant a sum not to exceed
$268,975, which includes a $15,000 contingency notwithstanding any contrary
Page 1 of 3
Exhibit A
DocuSign Envelope ID: 55A0E7D6-2109-43E7-A206-BBB7911FC688
DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D
indications that may be contained in Consultant’s proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a
conflict between this Agreement and Consultant’s proposal, attached as Exhibit A,
regarding the amount of compensation, the Agreement shall prevail. City shall pay
Consultant 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 Consultant for services rendered pursuant to this Agreement. Consultant
shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City in writing, Consultant shall not bill City for duplicate services
performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to
Consultant under this Agreement is based upon Consultant’s estimated costs of
providing the services required hereunder, including salaries and benefits of
employees and subconsultants of Consultant. Consequently, the Parties further
agree that compensation hereunder is intended to include the costs of contributions
to any pensions and/or annuities to which Consultant and its employees, agents, and
subconsultants may be eligible. City therefore has no responsibility for such
contributions beyond compensation required under this Agreement.
3) Revised Exhibit A (Scope of Services) of the AGREEMENT is amended per the
attached.
4) Revised Exhibit B (Compensation Schedule & Reimbursable Expenses) of the
AGREEMENT is amended per the attached.
5) Except to the extent inconsistent with this Second 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 Consultant 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 Consultant 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 2 of 3
Exhibit A
DocuSign Envelope ID: 55A0E7D6-2109-43E7-A206-BBB7911FC688
DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D
_______________ ____________
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed as of the date of the City Manager’s signature below.
CITY OF DUBLIN HF&H CONSULTANTS, LLC
By: _
Linda Smith, City Manager
By:
President
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
Page 3 of 3
_
Rob Hilton,
Exhibit A
DocuSign Envelope ID: 55A0E7D6-2109-43E7-A206-BBB7911FC688
DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D
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.
Exhibit A
DocuSign Envelope ID: 55A0E7D6-2109-43E7-A206-BBB7911FC688
DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D
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
Tasks:
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
Exhibit A
DocuSign Envelope ID: 55A0E7D6-2109-43E7-A206-BBB7911FC688
DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D
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.
Exhibit A
DocuSign Envelope ID: 55A0E7D6-2109-43E7-A206-BBB7911FC688
DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Consultant shall provide the services at the hourly rates shown in the table below. A new fee schedule is
issued at the beginning of each year, as approved by the City.
Executive Project Manager Project Advisor Lead Analyst
Hourly Rate $305 $225 $165 $115
Standard charges for common reimbursable direct expenses are as follows:
Automobile Travel – Prevailing IRS mileage rate
*Mileage fees are based on the round-trip distance from the point of origin.
*Reimbursable expenditures shall be itemized and provided as part of submitted invoices.
Exhibit A
DocuSign Envelope ID: 55A0E7D6-2109-43E7-A206-BBB7911FC688