Agenda packet, joint meeting, first session — Bell Gardens City Council, June 10, 2024 (part 4 of 6)

Thursday, January 20, 2017
Exhibit 3 468

FTIP : LAF7120 CFP# F7120/MR306.30
PPNO: N/A FA# 920000000F7120
A1TAC MENT F

SUSTAINABLE DESIGN ELEMENTS REQUIREMENTS

SPECIAL GRANT CONDITIONS
Grantee shall ensure its Project is in compliance with the LACMTA Sustainable Design Elements Requirements by meeting the following conditions:
a. Grantee shall attend the LACMTA-hosted training on sustainable design prior to the initiation of the construction phase. The LACMTA training on sustainable design will be held every Fall. For training details, Grantee shall be responsible for contacting the LACMTA Sustainability Policy Manager. b. Grantee shall develop a Sustainable Design Plan (Plan), for LACMTA review and approval, that contains, at a minimum, the following elements:

1. A list of the sustainable design elements which will be included in the Project.

2. A summary description of mitigation measures committed through project environmental review.
3 A detail description ofhow the Project's proposed sustainable design elements will achieve either (1) the LACMTA Sustainable Design.

Performance Metrics ("LACMTA Metrics"), found in Appendix J ofthe Call for Projects Application; or (2) Alternative Metrics, as defined below.

If Grantee desires to use an Alternative Metrics, the Plan must establish the alternative set of performance metrics Grantee intends to use.

4. A description of how Grantee will achieve each LACMTA Metrics or the Alternative Metrics, as applicable to the Scope of Work.

The "Alternative Metrics" is defined as any alternative metrics that exceeds business -as -usual performance in the following areas: energy and water use; waste reduction; stormwater management; and reduction of urban heat island effects, as applicable to the Scope of Work. Grantee may cite performance metrics from standardized sources including but not limited to LEED, LEED-ND, Envision, and Sites Initiative.

2. Prior to initiation ofthe construction phase ofthe Project, Grantee must be found in compliance with the Plan. Grantee's compliance with the Plan can be determined in one of two ways: the LACMTA Sustainability Policy Manager shall determine and certify Grantee's compliance with the Plan or the Grantee must provide written self -certification of compliance to the LACMTA Sustainability Policy Manager with these conditions found in Section 1(b).
1 Exhibit 3 469

FTIP#: LAF7120 CFP# F7120/MR306.30
PPNO: N/A FA# 920000000F7120
. Grantee shall report on the implementation of the Plan. As part of the Project closeout, Grantee shall certify that the Plan has been completed, with approval from the LACTA Sustainabillity Policy Manager.

4. LACMTA's Sustainability, Policy Manager Contact Information:
2 Jacob Lieb
liebj ci metro.net
(213) 922.4132
Exhibit 3 470

FA Attachment G

PROJECT READINESS CERTIFICATION
As part of the 2013 Call for Projects, the LACMTA Board of Directors, authorized a grant to GRANTEE for the Eastern Avenue and Florence Avenue RSTI Project (the "Project").

Prior to execution of Funding Agreement for the Project, GRANTEE must assure LACMTA that GRANTEE has taken the necessary steps to ensure that the Project will be appropriately staffed, that the Project will be appropriately funded, and that the Project will be completed in a timely manner.

The undersigned, duly qualified and serving as the City Manager for the City of Bell Gardens, certifies that the below Project Readiness actions have been duly authorized and approved by its Governing Authority. The undersigned further certifies that the information submitted herein is true and accurate to the best of his/ her knowledge.

GRANTEE has incorporated the Project into the adopted Capital Improvement Program (CIP). The date the adopted CIP included the Project is set forth below and attached to this Certification is the CIP cover page and the date showing the Project.

Date of Adoption
June 13, 2016
GRANTEE hereby commits to provide its Local Match amount accepted by the LACMTA Board as follows:

Metro Grant Amount
$ 2,200,182
Match Amount
$ 1,184,713
Total Protect Cost
,384,895

10.18.2016
1 Project Readiness Certification
Exhibit 3 471

GRANTEE hereby commits to the following Staffing Plan for the Project:

Sid Mousavi, P.E.

Kevin Roque, EIT
Nick Servin, P.E.

Job Title
City Engineer
Design Engineer
Project Engineer
Project
Responsibility
10%
60%
Paul Locus, EIT
Lissette Calleros
Inspector
Funding Administrator
30%
100%© of Inspection
100%
GRANTEE hereby commits to deliver the Project by the Project Lapse Date.

Project Lapse Date: June 30, 2020
5) GRANTEE has submitted all of the foregoing to the Governing Authority of GRANTEE for approval in the date set forth below.

Date of Governing
Authority Approval
(Submit Governing Authority Clerk stamped agenda/minutes)

10.18.2016 2 Project Readiness Certification
Exhibit 3 472

CITY OF BELL. GARDENS
CITY COUNCIL.

REGULAR MEETING - CLOSED SESSION'
MONDAY JUNE 13, 2016, 5:OO P.M.

AGENDA
LOCATION: CITY COUNgii CHAMBER, 710 GARFIELD AVENUE, BELL GARDENS, CA Pursuant to the Americans yaith Disabilities Act, parsons with a disability who require a disabiiity-related modification accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification accommodation from the Successor Agency Secretary at (562) 806.7706. Notification 48 business hours prior to the meeting erratairr tiro City to mako reasonable arrangements to assure accessibility to the meeting,

CALL TO ORDER

ROLL CALL OF CITY COUNCILMEMBERS
Priscilla Flores, Council Member
Jose Mendoza, Council Member
Maria Putido, Council Member
Pedro Aceituno, Mayor Pro Tem
Jennifer Rodriguez, Mayor

PUBLIC CO
total period o
This public comr
NTS ON AGENDA ITEMS ONLY (Three minutes per persona subject to a 0 minutes)
erlad is for items listed on the CLOSED SESSION AGENDA ONLY. Submit a WHITE public mrnent card with the closed session agenda Item number you would like to discuss to the City Clerk prior to the start of this period. There will be no further cards accepted once the public comment period has sorted. Comments are limited to three (3) minutes per person, subject to an overall thirty (30) minute period. Please direct your comments to the Mayor and observe the Rules of Decorum appropriate to the Council Chamber. State taw prohibits the City Council from discussing any item not appearing on the posted City Council Closed Session Agenda, CLOSED SESSION ITEMS,:
a. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Government Code Section 54956.9(a))
One (1) Matter
Lindsay et al, v. City of Sell Gardens, Case No. 2:15-cv-09693-JFW-AJW CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION
(Government Code Section 54966.9(d)(4))
One (1) Matter
Posted by: 60 -4---
Kri tina Santana
City Clerk
Date:
/47/6
Time:

Any wiitinga or documents provided to the melcitly of the City Counr fSu eor Agency regarding any item on this agenda vigil be nude available for pubic Inspection at the Receptionist Counter, City Hal1, 1100 darAeld Avenue, Bell Gardens, CA, during nom}al business hours.

Exhibit 3 473

CITY OF BELL GARDENS

SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION

REGULAR MEETING
MONDAY, JUNE 13, 2016, 6:00 F.M.

AGENDA
LOCATION: CITY COUNCIL CHAMBER, 7400 GARFIELD AVENUE, BELL GARDENS, CA Pursuant to the Americans With Disabilities Act, persons with a disability who require a disability -related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the Successor Agency Secretary at (562) 806-7706. Notification 48 business hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibilityto the meeting,

CALL TO ORDER

INVOCATION
PLE13GE OF ALLEGIANCE

ROLL CALL OF SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT

COMMISSION MEMBERS
Priscilla Flores, Agency Member
Jose Mendoza, Agency Member
Maria Pulido, Agency Member
Pedro Aceituno, Vice Chair
Jennifer Rodriguez, Chair

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
(Three minutes per.person, subject to a total period of 30 minutes) 'This public comment period is for items listed on the SUCCESSOR AGENCY AGENDA ONLY. Submit a WHITE public comment card with the agenda Item number you would like to discuss to the Successor Agency Secretary prior to the start of this period. Cards that are submitted with no agenda item fisted will be moved to the final public comment period. There will be no further cards accepted once the public comment period has started. Comments are limited to three (3) minutes por parson, subject to an overall thirty (30) minute period. Please direct your comments to the Chair and observe the Rules of Decorum appropriate to the Council Chamber, State law prohibits the Successor Agency from discussing any item not appearing on the posted Successor Agency Agenda.

CONSENT CALENDAR (Items No. 1.2)
AU matters listed under the Consent Calendar are considered to be routine and can be acted on by one roit call vote, There will be no separate discussion of these items unless members of the Successor Agency to the Community Development Commission request specific items to be removed from the Consent Calendar for separate action, Items called for separate discussion will be heard as the next order of business. 1 MINUTES
April 25, 2016 — Regular Meeting Minutes
Recommendation: It is staffs recommendation that the Successor Agency to the Community Development Commission approve the minutes for the Regular Successor Agency Meeting of April 25, 2016.

2. WARRANT REGISTERS AND WIRE TRANSFERS
Recommendation: It is stairs recommendation that the Successor Agency receive and file the following transactions,
Warrant register dated 4/26/16 Check #s 12776 $ 3,927.00 Warrant register dated 5/10/16 Check##s 12777 S 819.05
Total $ d
Any writings or doc+mmants provided to the majority of the City CounclUSuccessor Agency regarding any Item on thla agenda w II be made available for pubilo inspection at the Receptionist Counter, City Halt, 7100 Garfield Avenue, Bell Gardens, CA, during normal business hours.

Exhibit 3 474

In approving the action of receiving and tiling the warrant registers, the official minutes of the Bell Gardens Successor Agency to the Community Development Commission should slate that each individual member of. the Successor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving, or filing any warrant which bears the name of the same Successor Agency member, or pays for any costs or expenses, or otherwise benefits the same named Successor Agency member. Each Successor Agency member will not be participating, Influencing, or voting on any such warrant bearing their name or which benefits the same named Successor Agency member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of tote approval of the action required by this report.

PUBLIC COMMENTS ON NON -AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE SUCCESOR AGENCY TO THE COMMUNITY DEVELOPMENT

COMMISSION
(Three minutes per person, subject to a total period of 30 minutes) This public comment period is for Items UNDER THE SUBJECT MATTER JURISDICTION OF THE SUCCESSOR AGENCY ONLY. Submit a PINK public comment card with the matter you would like to discuss to the Successor Agency Secretary prior to the start of this period, There will be no further cards accepted once the public comment period has started. Comments are limited to three (3) minutes per person, subject to an overall thirty (30) minute period. Please direct your comments to the Chair and observe the Rules of Decorum appropriate to the Council Chamber. State law prohibits the Successor Agency from discussing any item not appearing on the posted Successor Agency Agenda.

SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION MEMBER

COMMENTS

ADJOURNMENT
Time:

Posted by:

Kristirla Santana
Successor Agency Secretary
My wiirltags or d manta prevkled to the majority of the City Council/Successor Agency regarding arty item oat Ihrs agenda sill be made avatratic for public Inspection ai lire r aotrptionist Counter, City Halt, 7100Garfleld Avenue, Dell Gardens, CA, during normal business hours.

Exhibit 3
475

CITY OF BELL GARDENS

CITY COUNCIL

REGULAR MEETING
MONDAY, JUNE 13, 2016, 6:00 P.M.

AGENDA
LOCATION: CITY COUNCIL CHAMBER, 7100 GARFIELD,AVENUE, BELL GARDENS, CA Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability -related modification Of accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification Of accommodation from the City Clerk at (562) 806.7706. Notification 48 business hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

CALL TO ORDER

ROLL CALL OF CITY COUNCIL MEMBERS
Priscilla Flores, Council Member
Jose Mendoza, Council Member
Maria Putido, Council Member
Pedro Aceituno, Mayor Pro Tern
Jennifer Rodriguez, Mayor

CITY ATTORNEY REPORT ON CLOSED SESSION

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
(Three minutes per person, subject to a total period of 30 minutes) This public comment period is for items listed on the CITY COUNCIL AGENDA ONLY. Submit a WHITE public comment card with the agenda Item number you would like to discuss to the City Clerk prior to the start of this period.

Cards that are submitted with no agenda itom listed will be moved to the final public comment period. There will be no further cards accepted once the public comment period has started. Comments are limited to three (3) minutes per parson, subject to an overall thirty (30) minute period. Please direct your comments to the Mayor and observe the Rules of Decorum appropriate to the Council Chamber. State law prohibits the City Council from discussing any item not appearing on the posted City Council Agenda.

CONSENT CALENDAR (Items No.1— 7)
Alt matters listed under the Consent Calendar are considered to be routine and can be acted on by one roil call vote.

There will be no separate discussion of these items unless members of the City Council request specific items to be removed from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business,

1. GENERAL MOTION TO READ ALL ORDINANCES BY TITLE ONLY
In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.

Recommendation: it is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California..,..

Government Code Section 36934.

MINUTES
May 9, 2016- Regular Meeting Minutes
Recommendation: It is staffs recommendation that the City Council approve the Regular City Council Meeting of May 9, 2016,

RECEIVE AND FILE THE LOCAL COMMISSIONS APPOINTMENT LIST The local appointments list includes the Bell Gardens Commissions and Commissioners.

The City Council adopted Ordinance No. 825 on July 13 2009 which consolidated the existing City Commissions and established minimum requirements for service. It should Any writings or documents provided to the malorily of the City Council/Successor Agency regarding any item on this agenda wall be made available for public inspection at the Receptionist Counter, City Hell, 7100 Garfield Avenue, Bell Gardens, CA, during normal business hours.

Exhibit 3 476

be noted that all Commission Members must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state - mandated AB 1234 ethics training. Ordinance 825 allows each Council Member to nominate one (1) candidate per Commission, subject to the approval of the Council majority. The appointed Comm ssion'Member will serve a term that coincides with the term of the Coundi Member who made the original nomination.

Recommendation: It is staffs recommendation that the City Council receive and file the local commissions appointments list

WARRANT REGISTERS AND WIRE TRANSFERS
Recommendation: It is staffs recommendation that the City Council receive and file the following transactions:

Warrant register
t register
nsfers
Payroll transfer
ant register
t register
ire transfers
Payroll transfer
04/26/16 Check #s
05/03118 Check #s
04/28/16 Wire #s
04/28116
05/10116 Check #s
05/17/16 Checks/
05112/16 Wire #s
05/12/16
157439 -157495
157496 - 157588
1098 - 1099
Net payroll
157589 -187661
157662 -157750
11000-1101
Net payroll
412,142, 98
376,658.19
373,5+16.29 $ 750,204.48
$ 620,296.15
$ 383,607.36
$ 156,335.90
Total 5 302,
In approving the action of receiving and tiling the warrant registers, the officlat minutes of the Bell Gardens City Council should state that each Individual member of the City Court cil is not voting on, influencing the outcome of, or participating in approving, accepting, receiving, or tiling any warrrant which bears the name of the same Council :member, or pays for any exists or expenses, or otherwise benefits the same named Council member. Each Council member will not be pa₹ticipating, influencing, or voting on any such warrant bearing their name or which benefits the same named Council member, but with that exception is voting in favor of receiving and tiling all other warrants contained in this report, unless otherwise noted on the record at the lime oldie approval of the action required by this report.

APRIL 2016 TREASURER'S REPORT
The Treasurer's Report for Cash and Investments for the rnronth of April 2016 is attached.

Recommendation: It is recommended that the City Council receive, approve, and file the April 2016 Treasurer's Report.

REJECTION OF CLAD
The City directed the original claim to Carl Warren & Company. Following an investigation by the City's claims management administrator, this claim is being presented for rejection.

Recommendation: It is staff's recommendation that the City Council reject the claim filed by Ricardo Gorne, Escobar. The claim is being presented for rejection following a recommendation by the City's claims management administrator, Carl Warren & Company, and in a manner that allows the claimant, subject to certain exceptions, up to six months to file a court action on the claim.

Any writings ordacumen's provided to the in orgy or the city CounraWWSucaessarAgarlay ragsrdtrrg any Item on this agenda wGl be made area pubitcinspection atthertecepfianistCounter, City HHsi),7100GaiteidAvetaue, BellGsrdena, during normal business hours, Exhibit 3 477

7, CONSIDERATION OF ORDINANCE NO. 878 AMENDING SECTIONS 17.28.060 AND

17.28.100 OF CHAPTER 17,28 AND RESOLUTIO al NO. 2016-19 EXPRESSING

SUPPORT FOR STATE LEGISLATION TO GRANT LOCAL GOVERNMENT

AGENCIES GREATER AUTHORITY TO REGULATE REGISTERED SEX

OFFENDERS
On October 26, 2009, the City Council adopted Ordinance No. 828, adding Chapter

17.28 to Title 17 of the Bell Gardens Municipal Code, which prohibited sex offenders, regardless of whether that person is on parole or probation, from being within 300 feet of facilities and locations where children regularly gather, subject to certain narrow exemptions. On March 2, 2015, the Supreme Court of California, in In re Taylor (2015) 60 Cal.4th 1019, held that the California Department of Corrections and Rehabilitation's (the "CD!)R") blanket enforcement of the Penal Code's residency restrictions on registered sex offenders was unconstitutional. On January 25, 2016, the City Council adopted Ordinance 869, to conform to the precedent set by In re Taylor. in December 2015, a lawsuit was fled against the City by a sex offender advocacy group challenging portions of the City's remaining sex offender ordinance. As part of a proposed global settlement, the proposed ordinance would repeal portions of the City's sex offender ordinance. Even with this revision of the BGMC, the CDCR retains the authority to impose special parole conditions on sex offender parolees, as long as they are based on the fact specific circumstances of each individual parolee and case, The remaining portions of the City's sex offender ordinance will continue to place restrictions on multiple sex offenders from living or occupying the same dwelling, unless legally related by blood, marriage or adoption, Amending section 17.28,060 of Chapter 17.28 does not prevent the City from adopting a similar provision in the future, if circumstances are changed by a future Court or state legislative action. City Staff has included a draft City Council resolution for consideration, which if adopted, urges state law makers to enact state legislation that would grant local government agencies greater authority to regulate registered sex offenders within their jurisdictions. Once adopted, the resolution will be sent to local state lawmakers,
Recommendation: It is recommended that the City Council do the following: (1) introduce and waive first reading of draft Ordinance No. 878, amending sections

17.28.060 and 17.28.100 of Chapter 17.28 of the Bell Gardens Municipal Code entitled "Local Regulation of Sex Offenders," and direct staff to bring back Ordinance No878 for approval and waiver of second reading at the next regularly scheduled City Council meeting; and (2) Adopt draft City Cduncil Resolution No, 2016-19 expressing support and urging state legislation granting local government agencies greater authority to regulate, registered sex offenders within their jurisdictions.

DISCUSSION (Item No. 8-12)
8, INTRODUCE AND WAIVE FIRST READING OF ORDINANCE NO. 876 AMENDING CHAPTER 16.20 OF THE BELL GARDENS MUNICIPAL CODE, RELATING TO

MAINTENANCE OF PROPERTY
The Maintenance of Property Ordinance ("Ordinance") was originally enacted to define conditions and uses of land that are detrimental to the public health, safety and welfare, or which reduce property values in the City. Saki regulations were developed to promote the sound maintenance of property, and enhance conditions of appearance, habitability, and safety of all structures and premises in the City by enacting minimum property maintenance standards. Amendments to the Ordinance were enacted In 1998 and 2002. The proposed draft ordinance will remove unenforceable citation provisions, and Officers will be able to rely on updated, and newsy created, remedy and penalty provisions. The proposed amendment would allow Officers to give a shorter compliance deadline than ten (10) days, including a twenty-four (24) deadline, if emergency Any writings or documents provided to the majority of the City CounrJUSuceesscr Agency regard any hem on this agenda will be made available for public inspection at the Receptionist Counter, City Hall, 710© Garfield Avenue, Bon Gardens, CA, during normal businosa hours.

Exhibit 3 478

circumstances demand immediate corrective action by property owners. The proposed amendment also prohibits graffiti that is visible from any real property, public street, sidewalk, alley, or other public right-of-way. The proposed amendments will clarify the property maintenance regulations for the public, and will allow Officers to enforce the City's laws in a more efficient and effective manner.

Recommendation: It is staff's recommendation that the City Council introduce and waive first reading of Ordinance No. 876 entitled "An Ordinance of the City Council of the City of Bell Gardens Amending Chapter 16.20 of Title 16 of the Bell Gardens Municipal Code, Relating to the Maintenance of Property." The proposed amendments include: 1) elimination of citation provisions that are not enforceable under the existing Municipal Code; 2) creation of remedy and penalty provisions that are enforceable and consistent with the existing Municipal Code; 3) modification of the enumerated property maintenance offenses to provide additional clarification; and 4) addition of a specific property maintenance offense related to the abatement of graffiti.

AMENDMENT TO THE CITY'S CARD CLUB LICENSE REGULATIONS ORDINANCE The City enacted the Card Club License Regulations Ordinance In 19B2 (the "Ordinance"), adding Chapter 5.25 to the BGMC. The licensing requirements and regulations provide for the public health, safety, and welfare of the community. When the Ordinance was adopted the State's gambling industry was almost completely unregulated, and the Ordinance, and subsequent amendments, were necessary to protect the interests of the City and the public. Since the City adopted the Ordnance, the State has taken on the burden of regulating, reviewing, investigating, and approving card clubs and card club employees, mainly through the Gambling Control Act (the "Act"). Under the Act there are two State entities that regulate gambling as it relates to card clubs, the Gambling Control Commission (the "Commission") and the Bureau of Gambling Control (the "Bureau"). With the State regulations in place, some of the City's regulations have become outdated and require updates to reflect changes in State law and general nomenclature. Additionally, with the addition of a hotel to the Bicycle Casino, consideration was necessary to make certain amendments to the Ordinance to address ambiguities that have arisen. The proposed changes to the Ordinance would update outdated portions of the Ordinance to reflect changes In State law, address ambiguities that have arisen as a result of the addition of a hotel to the Bicycle Casino, and clean-up portions of the Ordinance identified by City Staff. The proposed amendment can be made to the Ordinance without jeopardizing the public's health, safety, or welfare, The City provided a copy of the proposed ordinance to the Bureau, and on April 18, 2016, the Bureau sent Its determination that the proposed changes are in compliance with the Gambling Control Act. The City is required to provide the Bureau with a signed, certified copy of the amendment upon approval.

Recommendation: Staff recommends that the City Council introduce and waive first reading of Ordinance No. 877 amending Chapter, 5.25 of the Bell Gardens Municipal Code ("BGMC") regulating card clubs located in the City by updating outdated sections of Chapter 5.25 to reflect changes in State law, addressing ambiguities created by the._. opening of the hotel at the Bicycle Casino, and cleaning -up the Chapter.

10. ACCEPTANCE OF THE ILLUMINATED STREET, NAME SIGNS REPLACEMENT

PROJECT
The Fiscal Year (FY) 2014-2015 Capital Improvement Program (CIP) budget included $407,000 of funding for the .completion of the Citywide Illuminated Street Name SIgns Replacement Project. On June 3, 2015, the City received only one (1) bid proposal for this project. Because the contractor's bid exceeded the amount budgeted in FY2014- 2015 for this project and failed to provide a Bidder Information sheet and acknowledgement of Addendum Number 1, the City Council rejected the bld and authorized staff to re-sollcit bids. On June 23, 2015, staff advertised the project for the My writings or documents provided to the majority of the Ctty CounaltSuccesscr Agency regarding any item an this agenda will be mado available for pubito inspection et the Receptionist Counter, City Hsu, 7100 Gertleld Avenue, Belt Gardena, CA, during normal business haws.

Exhibit 3 479

second time, On July 15, 2015, the City received a total of seven (7) bid proposals for this project, Upon determining the apparent lowest, responsive and reasonable bidder, staff made a recommendation to City Council for an award of contract. On August 24, 2015, City Council awarded a construction contract to PTM General Engineering Services, inc., In the amount of $ 327,027. The improvements consisted of -replacing 127 street name signs with new state of the art signs that utilize LED (Light emitting diode) technology for lighting, On April 26, 2016, PTM General Engineering Services, Inc. completed the Installation of all signs. Both the City Engineer and the Inspector have conducted their final inspection, reviewed the project documents and both have determined that the project was completed satisfactorily and in conformance with the project's plans and specifications. Curing construction, two (2) change orders (CO) were needed due to unforeseen field conditions and approved in the amount of $4,660.43.

Liquidated damages were assessed for two (2) days in the amount of $500. The final construction contract cost of the project is $398,732.43.

Recommendation: It is staffs recommendation that the City Council: 1) Accept the construction contract for the Citywide Illuminated Street Name Signs Replacement Project as complete and; 2) Authorize staff to file the Notice of Completion. 11, CITY COUNCIL APPOINTMENTS TO EXTERNAL. COMiViITTEES The City of Bell Gardens resides within a larger geo-political environment with a variety of complex issues and concerns. Council Members are typically appointed as representatives on various external boards, commissions, and committees who serve the larger geo-political region,
Recommendation: It is staff's recommendation that the City Council make changes, reappointments, or appointments as necessary to the attached, revised matrix of Council Appointments to External Regulatory and Advisory Boards, Commissions, and Committees,

12. APPROVAL OF FISCAL YEAR 2016117 OPERATING AND CAPITAL IMPROVEMENT BUDGETS AND COMPENSATION PLAN: AND ESTABLISHING THE
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2016117
In the upcoming FY16/17, after contributing $200,000 to reserves, the General Fund is estimated to have a surplus of $854,000 with projected revenues of $29,661,000 and estimated expenditures of $28,707,000. With the additional $200,000 contribution to reserves, the balance committed to contingencies will be $2,700,000 or 9.1% of General Fund expenditures. Annually, the City of Bell Gardens adopts a budget consisting of projected revenues and proposed expenditures. The proposed expenditures specify the spending plan for the upcoming fiscal year, while the projected revenues address the resources expected to be available to fund the expenditures. Depending on the difference between the proposed expenditures and projected revenues, there will be a deficit, surplus or a balanced budget. Once approved by the City Council, the proposed expenditures are considered appropriated (at the fund level) and become available to be spent. The process to formulate the proposed expenditures begins with the city manager.. instructing each city department to prepare budget worksheets which detail their respective department's spending plans for the upcoming fiscal year, The budget worksheets are reviewed by the finance department. Budget meetings are then held with each respective department, finance department and the city manager's office to review and discuss the proposed spending plans and make adjustments as necessary.

Projected FY16/17 revenues are developed by the finance department along with input from other city departments. The process to project the upcoming fiscal year's revenues include taking into consideration economic conditions, historical analysis, the state budget, assistance from third -parties and future expectations.

Recommendation: It is recommended that the City Council approve Resolution No. 2016-20, adopting the fiscal year July 1, 2016 to June 30, 2017 (FY16/17) Operating Any writings or documents provided to the majority of the City CoundUSuceessotAgency renard°.ng any item on this agenda will be mode available for public inspection at Um tR.eeepUanast Counter. City Hall, 7100 GerfleidAvenue, Bell Hardens, CA, during nomial business pouts.

Exhibit 3 480

and Capital Improvement Budgets and Compensation Plan; and approve Resolution No. 21318-21, establishing the Appropriations Limit for FY1 /17.

PUBLIC COMMENTS ON NON -AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
(Three minutes per person, subject to a total period of 30 minutes) This public comment period is for items UNDER THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL ONLY. Submit a PINK public comment card with the matter you would like to discuss to the City Clerk prior to the start of this period. There will be no further cards accepted once the public comment period has started. Comments are limited to three (3) minutes per person, subject to an overall thirty (30) minute period. Please direct your comments to the Mayor and observe the Rules of Decorum appropriate to the Council Chamber. State law prohibits the City Council from discussing any item not appearing on the posted City Council Agenda.

CITY COUNCIL MEMBER COMMENTS

ADJOURNMENT
Posted by: _
Kristina Santana
City Clerk
Date: Time:

Any writs or dccemenfs provided to the maiodty of the -City CounaUSucceasortlgen+y regarrgng anyttam on this agenda will be made available for public Inspection at the Receptionist Counter. City Nail, 7100 Garfield Avenue, Sett' eardene, CA, during normal business hours.

Exhibit 3
481

CITY OF BELL

OFFICE OF THE CITY MANAGER

AGENDA REPORT
TO Honorable Mayor and City Council Members
FROM Philip Wagner, City Manager .11
BY: Will Kaholokula, Director of Finance and Administrative Service SUBJECT;
Approval of Fiscal Year 2016/17 Operating and Capital
improvement Budgets and Compensation Plan; and
Establishing the Appropriations Limit for Fiscal Year 2016/17 DATE: June 13, 2016

RECOMMENDATION
It is recommended that the City Council approve Resolution No. 2016-20, adopting the fiscal year July 1, 2016 to June 30, 2017 (FY16/17) Operating and Capital Improvement Budgets and Compensation Plan, and approve Resolution No. 2016-21, establishing the Appropriations Limit for FY16/17,
BACKGROUND:

In the upcoming FY16/17, after contributing $200,000 to reserves, the General Fund is estimated to have a surplus of $854,000 with projected revenues of $29,561,000 and estimated expenditures of $28,707,000. With the additional $200,000 contribution to reserves, the balance committed to contingencies will be $2,700,000 or 9.1% of General Fund expenditures.

The opening of the Bicycle Casino's hotel had a positive impact on the City's revenue sources. As a result, the budgeted revenue from the Bicycle Casino is estimated to be higher by $1,80O000. The increase in revenue from the Bicycle Casino was offset by a decrease in lease revenue due to the negative effects of the RDA dissolution. This reduced the amount of lease revenue from the former RDA properties by $235,000. As a whole, budgeted General Fund revenues increased by $1,586,000.

Budgeted expenditures for FY16/17 saw the City experience many things observed in prior years - personnel costs continue to rise due to increases in Ca1PBRS employer retirement contributions and higher health insurance rates. On the positive side, the City saw a decrease in their general liability Insurance and other contractual services were lower. On the negative side, transfers out to other funds had a significant increase due to the Gas Tax fund exhausting its reserves along with lower revenues and higher expenditures. Gas Tax revenue has decreased from a high of $1,460,000 to the budgeted amount in FY16/17 of $882,000.

Exhibit 3
482

C IP RS Pensions: CaIPERS pension costs have consistently increased due to higher wages and higher contribution rates. The continued increases place a constant strain on the City's General Fund.

Street Maintenance: With a large portion of the City's restricted transportation funding dedicated to the City's fixed route services, less money is available to invest in street and alley improvements, placing the City behind in its pavement management plan.

Facilities and Vehicle: As the City's facilities and vehicles begin to age, strategies need to be developed to create a funding mechanism to provide for their replacement, Capital Protects and Infrastructure Improvement
City staff is in the process of creating a master CIP plan that will be presented to the City Council for consideration. At this point, the proposed projects in the FY16/17 budget include projects funded by grants or restricted funds. It also includes seed money for one project that will be funded by the General Fund.

Proposed Projects*'
v S Irrrprovements
8 ,600
Fundlnp
Source
Grants
Measure R
Recycled Water Expansion atVeter+ans Park D
VarloLrs City Alleys
HSIP Grant Emergency Pre -Em
City Wide Safety Enhncernent Proj
Eastern/Florence Enhance Pro
Playground Ecuiprnent
767,
n
26r. d
4 ,268
722,226
Grants
sure R
Gran
Grants
rl'
0,000
0,00
$4,132,494
... . ...... . ............ .... ..

Grants & Prop C
General Fund
***The projects listed in this table are merely proposed projects. in accordance with the City's purchasing policy, each project over $10,000 will he brought before the City Council for approval.

Gann Limit Initiative / Appropriations Limit for Fiscal Year 2 7 On an annual basis, California cities are required to complete an appropriations calculation for each fiscal year. The City's auditors are required to review and approve the appropriations calculation as part of their audit of the City.

Article III_B of the California State Constitution places limits on the amount of revenue that can be spent by all entities of government. It is the responsibility of the City to calculate the annual appropriations limit.

The prior fiscal year's Iimit is increased by a factor based upon the change in the population combined with the change in California per capita personal income. The City may choose its own change in population or that of the county if the county change in Exhibit 3 483

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 16.

TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo I niguez, 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 staff's 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. 484

The table below illustrates the scores for the proposers:

Comprehension
of RFP
Qualification of
Proposers
References
Total
(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
Regulation & SB 1383 Assistance.
$36,910
Annual Reporting Services
$21,784
As -needed Solid Waste Related Tasks
$ 2,780
M uniEnvironmental
Task Description
Rate
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 Year4: $113,089
Optional Year 5: $124,139
485

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:

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 486

RESOLUTION NO. 2024-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES

AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS AND

HF&H CONSULTANTS, LLC FOR SOLID WASTE CONSULTING

SERVICES
WHEREAS, the City of Bell Gardens ("City") requires professional services for solid waste consulting services to assist the City with compliance with California solid waste and recycling 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); and
WHEREAS, in accordance with Bell Gardens Municipal Code ("BGMC") Section

3.04.05, on April 5, 2024, the City released a Request for Proposals for Municipal Engineering Services ("RFP"); and
WHEREAS, on May 9, 2024, the City received responses from two qualified consultants; and
WHEREAS, after reviewing and scoring the proposals, City staff from the Public Works Department determined that HF&H Consultants, LLC ("HF&H") is qualified to perform the services requested based on its demonstrated understanding of the scope, expertise, and competitive rates; and
WHEREAS, the City desires to enter into a Professional Services Agreement with HF&H for Solid Waste Consulting Services for a three-year term with an optional two one-year extensions.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporate them herein by this reference.

SECTION 2. The City Council hereby approves a Professional Services Agreement for Solid Waste Consulting Services by and between the City and HF&H, in a form approved by the City Attorney.

SECTION 3. The City Council hereby authorizes the City Manager to execute the Professional Services Agreement along with all documents reasonably necessary to effectuate the intent of this Resolution.

SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become Exhibit 1 487

Resolution No -2024-36
effective immediately upon its approval.

PASSED, APPROVED, and ADOPTED this 10th day of June, 2024.

THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk
Exhibit 1 488

Resolution No. 2024-36
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on , and
was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk
3 of 3
Exhibit 1 489

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 day of 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 Exhibit 2 490

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 Exhibit 2 491

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 Exhibit 2 492

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 Iniguez, 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 Exhibit 2 493

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, and 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.

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 Exhibit 2 495

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.

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 Exhibit 2 496

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.

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.

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 Exhibit 2 497

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.

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 Exhibit 2 498

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 Exhibit 2 499

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 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, 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.

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 Exhibit 2 500

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 Exhibit 2 501

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:

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 Exhibit 2 502

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 Exhibit 2 503

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:

HF&H, LLC
2081 Business Center
Suite 265
Irvine, CA 92612
Attn: Laith B. Ezzet, CMC
Senior Vice President
Phone: 925-977-6950
CITY:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Bernardo Iniguez,
Director of Public Works/Facilities
Phone: 562-806-7770
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 Exhibit 2 504

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 Exhibit 2 505

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 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.

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 Exhibit 2 506

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: Name:

Title: Title:

Date: Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
18 Exhibit 2 507

EXHIBIT "A"

CITY RFP
19 Exhibit 2 508

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:
. 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 ends

Exhibit 2 509

Addendum No. 2
Solid Waste Consulting Services RFP

Page 2 of 3 ends

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
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.

Exhibit 2 510

Addendum No. 2
Solid Waste Consulting Services RFP

Page 3 of 3 ends

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.

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
Exhibit 2 511

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
Exhibit 2 512

CITY F m M,ELL � o

PUBLIC WORKS DEPARTMENT
8327 GARFIELD AVENUE" 0 BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-77"70 FAX (562) 806-.7789 0 WWW,BEL..LGARDENS.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.

Sincere)
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
Exhibit 2 513

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
ini uez ell ar ens.or
7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.bellgardens.org Exhibit 2 514

TABLE OF CONTENTS
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
Exhibit 2 515

BACKGROUND AND GENERAL INFORMATION
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 Exhibit 2 516

SUBMITTAL PROCEDURES/DEADLINE
An electronic version of the proposal shall be emailed to citvclerkdesk(a�bellgardens.org and [email protected] 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 biniguez a(�bellcardens.orc and copied to Karla Gonzalez, Senior Management Analyst, at kgonzalez a�7bell gardens.orq. 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 Exhibit 2
517

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 Exhibit 2 518

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 Iniguez, Director of Public Works/Facilities 8327 Garfield Avenue
BeII Gardens, CA 90201
(562) 806-7770
Email: [email protected]
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 Exhibit 2 519

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 Exhibit 2 520

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.

SCOPE OF WORK
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 Exhibit 2 521

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 18992A, 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 Exhibit 2 522

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.

Develop an SB 1383 Enforcement Plan, including best management strategies, training and enforcement operating procedures.
10 Exhibit 2 523

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.

Exhibit 2
11 524

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 proposer's 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.

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 Exhibit 2 525

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 Exhibit 2 526

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."

EVALUATION CRITERIA
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 Exhibit 2 527

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 Exhibit 2 528

ATTACHMENT "A"

PROPOSAL PRICE SHEET
16 Exhibit 2 529

PROPOSAL PRICE SHEET
Consultant to insert "INSERT TITLE OF COMPENSATION DOCUMENT" in accordance with Scope of Work.
17 Exhibit 2 530

ATTACHMENT "B"

ACKNOWLEDGEMENT OF CITY'S STANDARD FORM OF AGREEMENT
18 Exhibit 2 531

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.

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 Exhibit 2 532

ATTACHMENT "C"

SAMPLE PROFESSIONAL SERVICES AGREEMENT
20 Exhibit 2 533

(Parties:
2024

PROFESSIONAL SERVICES AGREEMENT
Engagement: Solid Waste Consulting Services)
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:

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 t 53{ hereinafter, the
"CONSULTANT PROPOSAL") dated ,. , x. �y� ` The CITY
�6 .�Si�d i,a M141 �km it c,�`axm oaa„ twa is i
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 Exhibit 2
21 534

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
The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

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 erform the Work in accordance with t� . fi t � ,4 t (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 t1 ti \ c�\
budgeted aggregate sum of I„,„,; �� f
(hereinafter, the "Not -to -Exceed Sum") during the prosecution of this Agreement, unless Exhibit 2
22 535

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 amounts included 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
I
(hereinafter, the "City Representative") to act as its representative 23 Exhibit 2 536

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 , to act as its reproseptative 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:

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

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; 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
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 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'sacceptance 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.

Exhibit 2
25 538

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 for cause. As discussed below, any personnel who fail or refuse to perform the Services 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 SUBORDINATES; INDEPENDENT CONTRACTOR:

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 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 is 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.

requirements and applicable regulations of the Federal Department of Housing and Urbanization.

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.

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 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:

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.

C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of Exhibit 2
27 540

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.

3.3 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 the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY 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.

3.6 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 Exhibit 2
28 541

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.

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 the fullest extent permitted by Iaw, 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 services 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 toindemnify 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 Iaw, 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 Exhibit 2
29 542

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 lndemnitees 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.

4.5 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 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 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, demand, damage, liability, loss, cost, or expense.

4.8 WORK OF CONSULTANT'S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set 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 Exhibit 2
30 543

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 duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in Section 2778 of the California Civil Code. CONSULTANT's obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT's indemnification obligation shall be reduced in proportion to the established comparative liability.

4.9 WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless 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 to the extent caused by CONSULTANT's negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT's officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the City lndemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.
4 As to the duties to indemnifyunder Sections 4.1 and 4.2 of this Article, above, CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT's failure to pay CITY promptly any indemnification arising under this Article and 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.

4.11 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.

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 Exhibit 2
31 544

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 Sections 4.1 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, demand, damage, liability, loss, cost or expense.

4.14 As to the duties to indemnify under Sections 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 expiration of this Agreement and shall be in addition to any other rights or remedies which the CITY may have at law or in equity.

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:

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 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:

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 5.2B.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 5.2B.ii that exceeds thirty (30) calendar days from the end of he 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' disregardor violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, Exhibit 2
33 546

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 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 awaiver 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.

Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
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 Exhibit 2
34 547

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.

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 toterminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

MISCELLANEOUS PROVISIONS

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 Exhibit 2 548

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.

CONSULTANT:

CITY:

City of BeII Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Attn: s t
Phone: 562-806-7700
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.

6.7 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 Exhibit 2 549

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, 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, venue, without exception, will in the Central District of California located in the City of Los Angeles, California.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

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 Exhibit 2 550

the scope, content, or intent of this Agreement.

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, if the 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 will be executed in three (3) original counterparts each of which will be of 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)
Exhibit 2
38 551

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
By:

Name:

Title:

Date:

APPROVED AS TO FORM:

Stephanie Vasquez, City Attorney;
Exhibit 2
39 552

EXHIBIT "A"

CITY RFP
Exhibit 2
553

EXHIBIT "B"

CONSULTANT PROPOSAL
41 Exhibit 2 554

EXHIBIT "C"

FEE SCHEDULE
42 Exhibit 2
555

EXHIBIT "B"

CONSULTANT PROPOSAL
20 Exhibit 2 556

4;;;

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Exhibit 2 558

E H CONSULTANTS L
Managing Tomorrow's Resources Today
2081 Business Center, Suite 265
Irvine, California 92612
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
Southern California
www.hfh-consultonts.com
Subject: Request for Proposal to Provide Solid Waste Consulting Services Dear Bernardo Iniguez,
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.

Exhibit 2 559

E H CONSULTANTS. L
Managing Tomorrow's Resources Today
Bernardo Iniguez
May 9, 2024

Page 2 of 2 ends

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
Exhibit 2 560

CONTENTS
City of BeII Gardens Mission Statement
To maintain a safe and healthy environment for its
residents and visitors, the City of BeII Gardens provides for the highest quality of life through professional
engineering, maintenance and operation service for City facilities, infrastructure, public streets and City parks.

SECTION 1: METHODOLOGY
Background
Task 21: Legislative islative Assist € ' ark° n pis Ice upp Support 4•� � g.

Task : Contract iVonrior;nq and Franchise 1Managernent
Task 3: Mandatory Cornmeroial I ecycling, Organics R
SB 1383 Assi star ce
Task 4: Annual Reporting Ctc rrrira s
Task a Other Solid Waste Related Tasks
Optional Tasks
SECTION 2: MANAGEMENT AND STAFFING
3 6
11 SECTION 3: MINIMUM QUALIFICATIONS AND PRIOR RELATED
EXPERIENCE 21
Firm Backgrot
The HIFfiSiti 1Ditference
Strength Through Experience
Broad Rage of Experience ...., Pry" c:,t:c°d Areas
I iF&H°'s Proprietary Government Agency Pra,
Database
Systematic Approach to Project 1\1 a n4
Fa ity Assurance
Expe fieInce
SECTION 4: COST AND PRICING
(Hourly Rates
Direct Expens
Bfiiirig Polficies
l xti ems aars'�xtina�;,
lnvo
ces and payment for SeiUVlic.

May 9, 2024 ( Page i
Exhibit 2 561
24 33
36 36
36 37
3_.

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
May 9, 2024 I Page ii
Exhibit 2 562

Section 1: Methodology
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 -year term. In 2021, HF&H assisted the City with 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 a well -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 565 May 9, 2024 I Page 3

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 Recuest 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 Ca
aacity Planning Reporting (Year 5 — FY 2028-
29)
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: Contract 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 Exhibit 2
May 9, 2024 I Page 4 566

• 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.
567 May 9, 2024 I Page 5

Task 3: Mandatory Commercial Recycling, Organics Regulation, and SB 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 Com3liance 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
Exhibit 2
May 9, 2024 I Page 6 568

• 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
569 May 9, 2024 I Page 7

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.

OT 1
Recommended
Implementation
Year
1 Optional Tasks for Contract Term (Years 1- S)
Implementation Record Assistance
OT 2
Residential Franchise Agreement Assistance
To be determined
OT 3
Commercial Franchise Agreement Assistance
Year 2
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
Exhibit 2
May 9, 2024 I Page 8 570

rlIFAMMUTanIMMCUMMUTaRIMMU
Laith B. Ezzet, CMC
Project Director
A Certified Management Consultant, Laith Ezzet has over 30 years of experience as an economist and solid waste consultant. As Senior Vice President of HF&H, he has assisted over 100 public agencies to plan, implement, and monitor their solid waste collection, recycling, and disposal programs to achieve compliance with CalRecycle regulations, including AB 939, AB 341, AB 1826, and SB 1383. During the course of these engagements, he has presented to or participated in more than 200 public workshops and public meetings for City Councils, Boards of Supervisors, and citizens' advisory groups. He has assisted public agencies to obtain solid waste agreements and/or waste flow agreements through competitive procurements and exclusive negotiations valued at more than two billion dollars. Laith is a past member of the Board of Directors of the California Resource 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
Laith has helped more than 50 public agencies monitor and evaluate their recycling and waste diversion program requirements in order to comply with state waste diversion goals, and negotiated revised franchise agreement terms to enhance recycling and waste diversion programs offered in those communities. He has assisted cities to develop waste and recycling tonnage reporting formats and related auditing requirements for both exclusive franchise agreements and non-exclusive service arrangements. He assisted the City of Los Angeles in evaluating the feasibility of achieving its 70% diversion plan. He has 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, identify SB 1383 program gaps, negotiate and/or evaluate organics recycling programs to comply with AB 1826 and/or SB 1383, including the Cities of Anaheim, Aliso Viejo, Brea, Fullerton, Garden Grove, Huntington Beach, Inglewood, Lawndale, Norwalk, Palm Desert 573..,x,

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 contracts, including RFP preparation, proposal evaluation, and negotiation support.

Examples of clients for whom he has helped to obtain new solid waste services contracts include the Cities of Alhambra, Anaheim, Beverly Hills, Bellflower, Cerritos, Dana Point, Diamond Bar, EI 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, 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." 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, EI Monte, Fullerton, Garden Grove, 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 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 Exhibit 2 574
May 9, 2024 ; Page I 2

Certified Management Consultant, Institute of Management Consultants USA Karla DeI Rosario Project Manager
Karla DeI Rosario is a Senior Associate with HF&H and has eight years of experience in solid waste and recycling contract compliance, reporting, and successful diversion successful diversion program development and implementation. Karla currently assists with monitoring contract compliance with franchise agreements (collection service, reporting, 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 of Oceanside, where she synthesized data and results to aid city management pursue effective solid waste and recycling projects and goals, in addition to performing quality control reviews to improve data tracking and identify areas of concern. Karla also assisted in expanding litter abatement resources and improved re -use and donation opportunities through a cleanup campaign in collaboration with various city departments, the franchise hauler, and local organizations.

While at CR&R Incorporated, Karla served as a key facilitator during the re -negotiation and 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 various stream and sector specific waste characterizations to monitor contamination levels and tracked nearly 100% AB 341 and AB 1826 compliance city-wide.

Ongoing Contract Management/Solid Waste Consulting Services Karla provides on -going contract management and solid waste consulting services to 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 agreement(s) and municipal code in order to ensure hauler compliance with all service, reporting, fee payment, rate structure, performance, and 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 performance, assist in the development of effective public education and outreach campaigns, and provide expertise in new diversion program development.

Solid Waste Legislative Compliance
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 monitoring commercial refuse and recycling service level data from the cities' haulers, 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 Gardens, Gardena, South Gate, and Santa Ana 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.

Education and Professional Credentials
B.A., Environmental Studies, University of California, Santa Cruz CRRA / SWANA Zero Waste Principle and Practices Certification

Jake Kaihewalu Senior Associate
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 throughout the Los Angeles and Orange County areas. At CR&R, he focused on 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 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 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 analysis documents using hauler report data and meets with City staff on a regular basis to review ongoing contractor compliance, monitor program diversion performance, and provide guidance on improving diversion program results.

Solid Waste Legislative Compliance
Jake has assisted clients in preparing for the mandatory recycling regulations included in 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.

Education
B.S., Statistics and Data Science, University of California, Santa Barbara B.A., Environmental Studies, University of California, Santa Barbara Lindsey Lagos Financial Analyst
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 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.

Exhibit 2 576

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 Gate through the procurement process for new solid waste collection and recycling 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 solid waste collection and recycling services.

Solid Waste Rate Services
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, EI Centro, Inglewood, Lawndale, and Paramount, in controlling increases to their solid waste rates by evaluating waste haulers' rate adjustment requests for accuracy and compliance with contract- rate adjustment provisions. She has assisted the City of Long Beach in performing a cost of service analysis to assist the city properly set rates.

SB 1383 Compliance
Lindsey has assisted the cities of Aliso Viejo and EI 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 assisted the cities of Irvine, Lawndale, and South Gate in their compliance efforts through regulatory reporting, monitoring program progress, assisting with outreach, etc.

Solid Waste Hauler Contract Compliance Audits
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 have included, but not limited to, billing validation, customer service, outreach and education requirements, reporting, and recycling program compliance.

Education and Professional Credentials
B.S., Accounting, Chapman University
Certified Public Accountant
California Society of Certified Public Accountants (CALCPA) Colleen Foster Senior Associate
Colleen Foster, Senior Associate with HF&H, has 20 years of experience with local government in solid waste and recycling, public policy, community development and water and wastewater utility management. Her expertise is in contract administration, public competitive procurement, SB 1383 compliance, solid waste, recycling, and organics planning and implementation, zero waste programming, regulatory compliance, climate action, sustainable food systems and food recovery, and legislative advocacy.

environmental inspections and programming (conservation, stormwater, zero waste), grant administration, biosolids and organics to energy planning, and leading innovative 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 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 their CalRecycle EAR.

Exhibit 2 578

Solid Waste Fee and Tonnage Audits and Contract Compliance Reviews Haley's audit experience includes performing fee payment and tonnage reviews to determine the accuracy and reasonableness of reporting by permitted waste companies for the cities of EI Monte, Palm Desert, Inglewood, and Lawndale.

Haley has assisted with hauler compliance audits for the cities of EI Monte, Inglewood, and 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) Haley has assisted with numerous procurement engagements for solid waste services contracts, including RFP preparation, proposal evaluation, and negotiation support.

Examples of clients for whom she has helped to obtain new solid waste services contracts or renegotiated existing agreements include the cities of Anaheim, Brea, Palm Desert, Maywood, Seal Beach, Placentia, Lawndale, Redondo Beach, Inglewood, Santa Ana, and 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 concluded their negotiations and implemented the require amendment or restated 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 reporting full compliance through auto -enrollment in their restated franchise agreements.

Solid Waste Rate Studies
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 Riverside Counties. Haley has also gathered rate and program data related to organics collection for the cities of Anaheim, Brea, EI Monte, Fullerton, Garden Grove, Placentia, Villa Park, and Yorba Linda to determine the reasonableness of organics rates. For the past three years, she has assisted the City of Anaheim with a rate survey to gather information 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 Extension Program
2022 SWANA Young Professional of the Year — Discretionary Region

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Exhibit 2 580

Section 3: Minimum Qualifications
and Prior Related Experience
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 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.
• 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.

Recent independent client satisfaction surveys have shown that 100% of respondents agreed that "HF&H staff was professional, experienced, and well -qualified." Ma 3, 2024 I Page 21

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:

Exhibit 2
May 9, 2024 I Page 22 584

• 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 Ma'y 2024 I Page 23

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.

HF&H's 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.

Exhibit 2
May 9, 2024 I Page 24 586

• 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.

MaRT 2024 I Page 25

• 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 of Beverly Hills Solid Waste Rate Studies (2014, 2016, and 2020) The City of Beverly Hills' Public Works Department provides automated residential refuse, recycling, and organic waste collection services. Residential processing and commercial collection services are provided by a private waste hauler. The City performs the customer billing for all customers within the City. Customer rates include the solid waste hauler 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 - Exhibit 2
May 9, 2024 I Page 26 588
James Burnley
Manager, Public Works
(310) 285-2475
jburnley@beverlyhills,org

Client Contact:

Angela Williams
Environmental Services
Manager
310) 412-8722
awilliams@cityofinglewood:org
Client Contact:

Ayumi Takayasu
Operations Manager
(714) 765-6860
[email protected]
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 Hamud
City of Inglewood Contract & Legislative Compliance (2004 -Present) HF&H has been retained by the City of Inglewood on an annual basis to manage the City's solid waste contract with Republic Services, and previously Waste Management. HF&H's work for the City includes: reviewing the hauler's annual rate adjustment requests; verifying the accuracy of the hauler's billing and tonnage reports; performing hauler fee 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.

Pro'ect 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
City of Anaheim General Solid Waste Consultant Services (2009 -Present) HF&H has provided support to the City of Anaheim with solid waste consulting services since 2009. HF&H's work for the City includes: 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.

Protect 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
Ma' ? 2024 I Page 27

City of Palm Desert Contract Monitoring Services (2020 — Ongoing) HF&H has been retained by the City on an annual basis to manage the City's solid waste contract with Burrtec Waste and Recycling Services. HF&H asisted the City on a project -by - project basis from 2006 to 2013. In 2020 HF&H assisted the City in negotiating a modernized SB 1383 compliant solid waste franchise agreement. In order for HF&H to provide more comprehensive, on -going assistance to the City, the City retained HF&H 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
Laith Ezzet, Haley Kunert, and Sam Irwin
City of Irvine Franchise Management/Waste Hauler Audits (2010 -Present) The City of Irvine has an exclusive franchise agreement with Waste Management of Orange County (WM) for the collection, transportation, recycling, and disposal of solid waste from the residential and Village commercial area of the City, and non-exclusive agreements with over 20 haulers for the collection, transportation, recycling, and disposal of solid waste 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.

Exhibit 2
May 9, 2024 I Page 28 590
Client Contact:

Amy Lawrence
Deputy Director of Econo
Developmen
(760) 837.1664
[email protected]
Client Contact:

Ryan Ramos
Senior Management Analyst
949-724-6250
[email protected]

Client Contact:

Mark Ladney
Senior. Program Specialist,
Public Works
(714) 741-5372
[email protected]
• 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.

Pro'ect 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
City of Garden Grove Contract & Legislative Compliance (2017 -Present) In 2017, HF&H was assisting the City of Garden Grove to negotiate an organics program with Republic Services. During this work, the City received a letter from CalRecycle stating that the City was facing a compliance order for not implementing their AB 341. plan. The City retained HF&H under a separate contract to assist with AB 341, AB 1826, and hauler 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
Pro'ect 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 Ma'y 2024 I Page 29

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
Exhibit 2
May 9, 2024 I Page 30 592

Section 4: Cost and Pricing
(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:

Contract Year
Total Fee Estimate
for FY 2024-29
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
$ -
$ 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.
1 Litigation Support and Expert Witness Services are not covered by this schedule of fees and expenses.

IR 9, 2024 I Page 33

Table 1: Annual Base Service (July 1, 2023 — June 30, 2025) Sr . Vice
Task Description President
Sr. Project
Manager/Advisor
Senior
Associate
Assistant
Analyst
Labor
$ 360
$ 304
$ 242
$ 170
Hours
Fees
Task 1
Legislative Assistance and C ompliance Support
1A
Maintain communication with CalRecycle for ongoing c ompliance 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
Rev iew franchisee's tonnage reports 6
6 20
36 68
$ 14,944
Subtotal:

Task 2 Ho urs & Fees 18
12 40
46 116
$ 27,628
Task 3
Mandatory Comme rcial Recycling, Organics Regulation, and SB 1383 Assistance 3A
Prepare educatio n and o utreach materials f or Recycling and Organics including Tier 1 &Tier 2 EFG informati on -
6 16
8 30
$ 7,056
3B
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
4B
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 CalRecycle representatives regarding reports and programs including attending virtual meetings 2
2 8
-
12 $ 3,264
Subtotal:

Task 4 Hours & 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
To tal Expenses
$ 22
Total Fees & Expenses
$ 102,000
*Hours may be shifted among tasks and staff.

May 9, 2024 Page 34

m
x
iT
Table 2: Annual Services f or FY 2024-29
Task Descripti on
Solid Waste Co nsulting S ervices
Annual Base Service (from Table 1)
On e -Time Tasks
Year 1
Year2 Year3
Year4 Years
(July 1, 2024 - June 30, 2025) (July 1, 2025 - June 30, 2026) (July 1, 2026 - June 30, 2027) (July 1, 2027 - June 30, 2028) (July 1, 2028 - June 30, 2029) FY 2024-25
FY 2025-26 FY 2026-27
FY 2027-28 FY 2028-29
$ 102,000 $
105,570 $ 109,265 $
113,089 $ 117,047
3E Develop SB 1383 Enforce ment Plan (Y ear 1)
4F SB 1383 Jurisdiction Review Support
(assumes occurrence in Year 2)
2D Residential Propo sition 218 Assistance (Year 3)
1D Organic Waste and Edible Foo d Reco very Capacity Planning Repo rting (Year 5)
2 Additional Support
Subtotal: Base Service & One -Time Task $
*Hours may be shifted among tasks and between years.
9588 $ $
- $
10,000 $
121588 $
$ $
9,261 $ - $
- $ 6,873 $
- $
- $
114,831 $ 116,138 $
7,092
113,089 $ 124,139
O1
to
May 9, 2024 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
Senior Project Manager
Project Manager
Senior Associate
Associate Analyst
Assistant Analyst
Administrative Staff
$329 - $360
$300 - $325
$260 - $295
$220 - $259
$190 - $210
$165 - $185
$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 consulting hours.

Ma g$ 2024 I Page 36

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.
' HF&H Consultants does not own any company automobiles.

Exhibit 2 May 9, 2024 I Page 37 599

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Exhibit 2 600

eigfeat
Mai
16MMa 4r

Section 5: Additions or Exceptions
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 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 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.
603 May 9, 2024 I Page 41

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Exhibit 2 604

No pending litigation per Section 7 of the Proposal Format and Content Requirements of the City's RFP.

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Exhibit 2 608

Historical Experience
Years of Experience:

Clients:

Engagements:

Articles and Speeches:
30+
156
757
35 Education
M.B.A., Tuck School of Business
Administration at Dartmouth
College
M.B.A., Course Work at the
London Business School
A.B., Cum Laude, Economics,
Occidental College
Professional License
Certified Management
Consultant (CMC), Institute of
Management Consultants USA
Professional History
HF&H Consultants, LLC: 1991 to
present
Professional Organizations
Past Director and Chapter
Treasurer, California Resource
Recovery Association (CRRA)
Corporate Director, Southern
CA Chapter, Solid Waste
Association of North America
(SWANA)
Institute of Management
Consultants (IMC)
Contact Information
(949) 251-8902
([email protected]
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 negotiation of solid waste services contracts, fee studies, waste diversion studies, community involvement and public outreach, regulatory policy, solid waste and recycling facility feasibility studies, service cost tracking, rate setting, landfill funding, cost -benefit analysis, efficiency studies, financial and economic modeling, industry surveys, and statistical market research. HF&H has negotiated solid waste agreements valued at over a billion dollars.

Recent Results
• Orange County Cities - Assisting the cities of Aliso Viejo, Anaheim, Brea, Fullerton, Garden Grove, Huntington Beach, Placentia, Seal Beach, Yorba Linda and others to update their sold waste programs, contracts, and/or ordinances to comply with the requirements of SB 1383 and/or mandatory commercial organics and recycling requirements.
• City of Santa Ana — Managed a competitive proposal process for residential and commercial services.
• North Orange County Cities — Assisted four cities that contract with Republic Services to negotiate commercial organics program rates and terms to comply with AB 1826, including a rebalancing mechanism to adjust rates after 2020 once actual participation levels are known.
• City of Manhattan Beach — Managed a competitive RFP process for a new solid waste agreement that will comply with SB 1383 requirements.

Expertise
• Solid Waste Rates and
Operations Analysis
• Procurements and Negotiations
• Transfer, MRF, Disposal, and
Organics Facilities
• Program Planning and
Funding
• Auditing and Reporting
• Refuse Vehicle Impact
Studies
Exhi
611

Historical Experience
Years of Experience:

Clients Served:

Past Engagements:
8 6
6 Education
B.A., Environmental Studies,
minor in Biology — University of
California, Santa Cruz
Professional History
HF&H Consultants, LLC— Senior
Associate: May 2022 to present
City of Oceanside — Senior
Environmental Specialist: April
2021 to December 2021
CR&R Incorporated —
Sustainability Analyst (most
recent role): March 2016 to
March 2021
Professional Organizations
Solid Waste Association of
North America (SWANA)
Contact Information
(949) 409-6430
[email protected]
Exhibit 2
ti
Range of Experience
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 implementation. Karla currently assists with profiling the city's franchise agreements to ensure hauler compliance (collection service, reporting, fee payments, rate structure, diversion performance, etc.), strategic legislative planning, effective program development, and hauler transition assistance.

While at CR&R Incorporated, Karla served as a key facilitator during the re- negotiation and 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 various stream and sector specific waste characterizations to monitor contamination levels and tracked nearly 100% AB 341 and AB 1826 compliance city-wide.

Expertise
• Ongoing Contract Management & Transition Assistance
• SB 1383/Legislative Planning and Compliance
• Public Education & Outreach Campaigns
• Diversion Program Development & Implementation
Recent Clients
612

Historical Experience
Years of Experience:

Clients Served:

Past Engagements:
3 13
19 Education
B.S., Statistics and Data Science
B.A., Environmental Studies
University of California, Santa
Barbara
Professional History
HF&H Consultants, LLC—
Associate Analyst: June 2022 to
present
CR&R Incorporated —
Sustainability Lead (most recent
role): December 2020 to June
2022
Live Nation (Five Point
Amphitheater) — Venue
Sustainability Coordinator: June
to October 2021
Professional Organizations
Solid Waste Association of
North America (SWANA) —
Young Professional
Contact Information
(949) 374-5951
Exhilr it ? [email protected]
Range of Experience
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 Senate Bill (SB) 1383 program development and implementation), and rate analysis projects.

Expertise
• Ongoing Contract Management
• Diversion Program Planning and Implementation
• Solid Waste Legislative Compliance (AB 341, AB 1826, and SB 1383) • SB 1383 Recordkeeping and Hauler Report Analytics
• Cost -of -Service and Rate Studies
Recent Engagements
• City of Garden Grove (Ongoing) — Assisting with legislative compliance and contract management, ensuring the jurisdiction's waste hauler implements programs in alignment with the franchise agreement. • City of Yorba Linda (Ongoing) — Assisting with contract management and implementation of automatic enrollment of collection services. • 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 Clients

Exh
Historical Experience
Years of Experience:

Clients Served:

Past Engagements:

Education
B.S., Accounting, Chapman
University
13 31
65 Professional History
HF&H Consultants, LLC:

February 2020 to Present
Moss Adams, LLP:

Assurance Senior
Manager, September 2008
— September 2019
(Employment was at Hein &
Associates through
November 2017, the
effective date of Hein's
combination with Moss
Adams)
Professional License
Certified Public Accountant
Professional Organizations
California Society of Certified
Public Accountants (CALCPA)
Contact Information
(949) 251-0231
[email protected]
bit 2
Range 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 services, and contract management.

Focus Areas
• Solid Waste Contract Management
• Solid Waste Rate Services
• Solid Waste Hauler Contract Compliance Reviews
• Contract Procurement and Negotiations
• SB 1383 Compliance
Recent Projects
• Contract Management. Reviewed regulatory reporting, program progress, outreach, etc. for the cities of Irvine, Lawndale, and South Gate to help meet their compliance goals.
• Rate and Cost Analysis. Assisted jurisdictions in the areas of rate analysis, cost of service studies, and negotiating solid waste rates. She assisted the cities of Irvine, Aliso Viejo, Beverly Hills, EI Centro, Inglewood, Lawndale, and Paramount in controlling increases to their solid waste rates by evaluating waste haulers' rate adjustment requests for accuracy and compliance with contract -rate adjustment provisions. She assisted the City of Long Beach in performing a rate analysis to assist the city properly set rates.
• Negotiations. Participated in negotiations with the existing hauler for the cities of Irvine and Aliso Viejo in amending their franchise agreement, which included rate impacts.
• SB 1383 Compliance. Amended and restated the solid waste agreements for the cities of Aliso Viejo and EI Centro to properly incorporate SB 1383 requirements, which included negotiating agreement terms and rate impacts with the related waste haulers.
• 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.

Recent Clients

CITY OF
LONG

Historical Experience
Years of Experience: 20
Clients Served: 6
Articles and Speeches: 60
Education
Master of Environmental Law
and Policy
Vermont Law School
B.A., International Relations
UC Davis
Professional Certification
Management and Leadership in
Water — Cal State San Marcos
Professional History
HF&H Consultants, LLC: June
2023 to present.

City of Oceanside,
Environmental Officer, 2007-
2023
City of South Pasadena,
Community Improvement
Coordinator, 2005-2007
Professional Organizations
California Product Stewardship
Council (Vice President)
California Resource Recovery
Association (CRRA) (Past
President/Board Advisor)
Solid Waste Association of
North America (SWANA)
Contact Information
(925) 210-2462
[email protected]
Exhibit .2
"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." Range of Experience
Colleen Foster, Senior Associate with HF&H, has 20 years of experience with local government in solid waste and recycling, public policy, community development and water/wastewater utility management. Her expertise is in contract administration, public competitive procurement, SB 1383 compliance, solid waste/recycling/organics planning and implementation, zero waste programming, regulatory compliance, climate action, sustainable food systems/food recovery, and legislative advocacy.

Prior to her tenure at HF&H, Colleen led the award recognized Solid Waste and Recycling Program (Green Oceanside) at the City of Oceanside, where she developed extensive experience overseeing public agency diversion programming, team/staff development, stakeholder engagement, voluntary and mandatory recycling and organics service rollouts, environmental inspections and programming (conservation, stormwater, zero waste), grant administration, biosolids and organics to energy planning, and leading innovative 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/performance analysis, SB 1383 compliance gap analysis, compliance action planning, enforcement, implementation record development, and zero waste centric program development.

Expertise
• SB 1383/Regulatory
Compliance
• Contract Administration
• Procurement/Negotiations
• High Diversion/Zero Waste
Systems and Programs
• Strategic Financial Planning
Recent Clients
redondo
BEA CH
• Stakeholder Engagement
• Policies, Municipal Codes,
Enforcement
• Food Recovery
• Legislative Advocacy
• Education & Outreach
©CEANSI DE

Historical Experience
Years of Experience:

Clients Served:

Past Engagements:
9 38
142
Education
B.S., Environmental Systems,
University of California San
Diego, La Jolla
Certificate in Sustainability and
Behavior Change, University of
California San Diego Extension
Program
Professional History
HF&H Consultants, LLC: 2015 to
present
University of California San
Diego: HDH — Sustainability
Department: 2013 to 2015
Professional Organizations
Board of Directors — Southern
California Waste Management
Forum (2017-2020)
Solid Waste Association of
North America (SWANA) Young
Professional
Solid Waste Association of
North America (SWANA)
Southern California Chapter -
Board of Directors
Representative (2019 -present)
Awards: 2022 SWANA Young
Professional of the Year —
Discretionary Region
Contact Information
(949) 251-0930
[email protected]
Range of Experience
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 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.

Haley is the project manager for our contract services and legislative compliance work for the cities of Inglewood, Garden Grove, Palm Desert, and Yorba Linda. Her work on these projects includes presentations to Council and community members, monitoring hauler contract compliance, tracking legislative compliance, preparing data and information requests for CalRecycle, rate adjustment reviews, preparation or review of the EAR, and development of solid waste agreements and ordinances. Haley assists in the development and review of public education and outreach.

Recent Engagements
• 8 Orange County Republic Cities (Anaheim, Brea, Fullerton, Garden Grove, Huntington Beach, Placentia, Seal Beach, Yorba Linda) — SB 1383 Planning and Negotiations
• City of Garden Grove — Legislative Compliance Tracking and Monitoring • City of Yorba Linda — Legislative Compliance Tracking and Monitoring • City of Palm Desert — Program Monitoring & Negotiations for SB 1383 • City of Inglewood — Monitoring & Negotiations for SB 1383 • City of Anaheim — SB 1383 Implementation Planning and Ongoing Support Expertise
• SB 1383 Compliance
• Ordinance Development
• CalRecycle Liaison Assistance
Recent Clients

PALM DESERT

GARDEN GROVE
616
• Contract Management
• Community Engagement
• Negotiations Assistance
Exhibit-

APPEN IX ' EFE ' ENCES
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
[email protected]
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@cityofin_Iewood.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
[email protected]
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
[email protected]
Exhibit 2 619

APPEN X ' EFE ' ENCES
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
[email protected]
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
[email protected]
Exhibit 2 620

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 c Printed/Typed Name of Officer
Laith Ezzet Title of Officer Senior Vice President
19 Exhibit 2 623

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Exhibit 2 624

ACORIJ CERTIFICATE OF LIABILITY INSURANCE
k --"

DATE (MM/DD/YYYY)
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
Newfront Insurance Services, LLC
450 Sansome Street
Suite 300
San Francisco CA 94111
CONTACT Ashley Mack
NAME:

PHONE 415 754-3635 FAX
(A/C. No. Ext): ( ) (A/C, No):

E-MAIL ADDRESS: [email protected]
mack �lnewfront.com

INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: Citizens Insurance Company of America
31534

INSURED
HF&H Consultants, LLC
590 Ygnacio Valley Rd. Suite 105
Walnut Creek CA 94596
INSURER B : Hartford Casualty Insurance Company
29424
INSURERC: Gemini Insurance Company
10833
INSURER D :

INSURER E:

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
LTR

TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD

POLICY NUMBER

POLICY EFF

POLICY EFF
(MM/DDIYYYY)

POLICY EXP

POLICY EXP
(MM/DD/YYYY)
LIMITS
A
X

COMMERCIALGENERAL
OBF-D681476-06
09/06/2023
09/06/2024

CLAIMS -MADE
X
OCCUR

DAMAGES RENTED
PREEMIMI PREMISES ( (Ea occurrence)
$ 1,000,000
MED EXP (Any one person)
$ 10,000

PERSONAL & ADV INJURY
$
GEN'L
X

AGGREGATE
POLICY
OTHER:

LIMIT APPLIES
PRO
JECT
PER:

LOC

GENERAL AGGREGATE
$ 4,000,000

PRODUCTS - COMP/OPAGG
$ 3,000,000
$
A

AUTOMOBILE
X

LIABILITY

ANY AUTO
OWNED
x
/•
S

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
OBF-D681476-06
09/06/2023
09/06/2024

COMBINED SINGLE LIMIT
(Ea accident)
$ INCLUDED
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$

PROPERTY DAMAGE
(Per accident)
$
$
A
X

UMBRELLA LIAB

EXCESS LIAB
X
O
OCCUR

CLAIMS -MADE
OBF-D681476-06
09/06/2023
09/06/2024

EACH OCCURRENCE
$ 3,000,000

AGGREGATE
$ 3,000,000
DED
RETENT ON $
$
B

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFF CE R MEMBEREXC UDED? ECUTIVE
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y / N
N / A
57 WEC ZR5765
09/06/2023
09/06/2024
X
PER

PEATUTE
O
ETH
E.L. EACH ACCIDENT
$ 1 AD�,�D�
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
C
Professional Liability
VNPL013999
09/06/2023
09/06/2024
Aggregate
Each Loss Ded
Each Claim
2,000,000
10,000
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
HF&H Consultants, LLC
590 Ygnacio Valley Road, Suite 105
Walnut Creek
CA 94596

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

The ACORD name and logo 7-egistered marks of ACORD

This page intentionally left blank
Exhibit 2 628

ratesl
pow

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,
t Not,
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 Exhibit 2 631

January 10, 2023
11222 ACACIA PARKWAY, P. O; BOX 339, GARDEN GROVE CALIFORNIA 92842 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,
Mark Ladney
Senior Program Specialist
Garden Grove Sanitary District
City of Garden Grove
Exhibit 2 632

8327 GARFIELD AVENUE e BELL GARDENS, CALIFORNIA 90201-61 (562) 806-'7770 FAX (562) 806=7789 * WWW,BELLGARUENS.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:
. 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.

Sincerely,
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 result in disqualification of his/her proposal.

May 3, 2024
Signature of Proposer
HF&H Consultants, LLC
Date
Proposer Firm Name and Address
Exhibit 2 635

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:
. 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

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Bell Gardens City CouncilJune 10, 2024

Bell Gardens City Council
June 10, 2024