14-K
TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/ Director of Public Works Melanie Paz, Public Works Management Analyst II
SUBJECT:Consideration and possible action to authorize the City Manager to execute Agreement File No. 696.6, in a form approved by the City Attorney, with MuniEnvironmental, LLC, to provide assistance with the SB 1383 Planning and Compliance Assistance Services and approve Resolution No. 24-27 – A Resolution amending the Operating Budget for Fiscal Year 2024-2025 to provide additional funding for organic waste recycling program.
DATE:May 28, 2024
EXECUTIVE SUMMARY
This action would authorize the City Manager to execute Agreement File No. 696.6, a one (1) year agreement with up to two (2) renewals with MuniEnvironmental, LLC (MuniEnvironmental). The purpose of the Agreement is to provide SB 1383 Capacity Planning and Compliance Assistance Services with the City’s CalRecycle Grants.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Agreement File No. 696.6, in a form approved by City Attorney; and
2) Approve Resolution No. 24-27 to amend the operating budget for Fiscal Year 2024- 2025 to provide additional funding in Account No. 010-42360-3310 to increase the allocation by $157,272, to the overall program budget of $207,272; or 3) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The annual not-to-exceed amount for AFN 696.6 is $165,000. Sufficient funds using CalRecycle grant funds are available; however, this approval requires a budget amendment in Account No. 010-42360-3310 for FY 2024-25 to increase the program budget by $157,272 (to $207,272 total, including other materials, supplies, and services). 14-L
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Staff Report – AFN No. 696.6
SB 1383 Capacity Planning and Compliance Assistance
May 27, 2024
DISCUSSION
Senate Bill 1383 was signed by Governor Jerry Brown on September 19, 2016, which sets an aggressive target to reduce methane emissions of short-lived climate pollutants (SCLP) for California by 2025. This statewide effort sets a target to reduce organic waste disposal by 75% and recover no less than 20% of edible food that would otherwise be disposed of, to help feed people. As part of the state’s efforts to combat SCLP, CalRecycle has given jurisdictions grant funding to aid in the efforts of jurisdictions to support SB 1383 diversion programs. Thus, the City has received funding or been awarded via CalRecycle's FY 21-22 ($110,191) and FY 22-23 ($207,272) SB 1383 Local Assistance Grant Program to help offset costs associated with SB 1383 Capacity Planning and Compliance. To properly manage and implement the diversion programs associated with SB 1383, a consultant is necessary to remain compliant with stringent reporting requirements.
ATTACHMENTS
Agreement File No. 696.6 ............................................................................................... 3 Resolution No. 24-27..................................................................................................... 33 -2-
AGREEMENT FILE NO. 696.6
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF BELLFLOWER AND
MUNIENVIRONMENTAL, LLC
FOR SB 1383 CAPACITY PLANNING AND COMPLIANCE ASSISTANCE SERVICES THIS AGREEMENT is entered into this 28th day of May 2024, by and between the CITY OF BELLFLOWER, a municipal corporation and general law city (“CITY”) and MuniEnvironmental, LLC, a limited liability company (“CONSULTANT”).
1.CONSIDERATION.
A.As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B.As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $165,000 for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit “B,” which is incorporated by reference.
2.SCOPE OF SERVICES.
A.CONSULTANT will perform services listed in the attached Exhibit “A,” which is incorporated by reference.
B.CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3.PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.
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City of Bellflower
Agreement File No. 696.6
MuniEnvironmental, LLC
4.PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “B”) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.
5.NON-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.
6.ADDITIONAL WORK.
A.CITY’s city manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.
B.If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.
C. Payments over $25,000 for Additional Work must be approved by CITY’s city council. All Additional Work will be subject to all other terms and provisions of this Agreement.
7.FAMILIARITY WITH WORK.
A.By executing this Agreement, CONSULTANT agrees that it has:
i.Carefully investigated and considered the scope of services to be performed;
ii.Carefully considered how the services should be performed; and iii.Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
B.If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully -4-
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acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.
8.TERM. The term of this Agreement will be from May 28, 2024 to May 27, 2025, with the option to renew the term by one (1) year for up to two (2) renewals not to exceed a total of three (3) total years for the cumulative agreement. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:
A.Completion of the work specified in Exhibit “A”;
B.Termination as stated in Section 16.
9.TIME FOR PERFORMANCE.
A.CONSULTANT will not perform any work under this Agreement until:
i.CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and
ii.CITY gives CONSULTANT a written notice to proceed.
B.Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty- eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
Exhibit “A” – Scope of Services
Exhibit “B” – Fee Schedule
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City of Bellflower
Agreement File No. 696.6
MuniEnvironmental, LLC
12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
16. TERMINATION.
A.Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.
B.CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT's own cost; CITY will not be obligated to compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
E.Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
F.By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.
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City of Bellflower
Agreement File No. 696.6
MuniEnvironmental, LLC
17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own risk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
A.CONSULTANT agrees to the following:
i.Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents,
employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.
ii.Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful -7-
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misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B.For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.
C.It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.
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City of Bellflower
Agreement File No. 696.6
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23. INSURANCE.
A.Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability $2,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B.Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
E.CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as -9-
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may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”
F.Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Finance Director. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to CONSULTANT:If to CITY:
Attention: Jeff Duhamel Attention: Len Gorecki
MuniEnvironmental, LLC City of Bellflower
637 Maxson Dr. Box 260 16600 Civic Center Drive
Twin Peaks, CA 92391 Bellflower, CA 90706
(562) 754-1609 (562) 804-1424
[email protected] [email protected]
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City of Bellflower
Agreement File No. 696.6
MuniEnvironmental, LLC
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.
28.☐This Section applies only if box is checked.POLITICAL REFORM ACT.CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being prepared. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year. CONSULTANT further warrants that, before executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Administrative Code, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the subject environmental clearances.
29. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
30. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
31. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
32. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.
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City of Bellflower
Agreement File No. 696.6
MuniEnvironmental, LLC
33. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
34. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
35.SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
36. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s Manager, or designee, may execute any such amendment on behalf of CITY.
37. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
38. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
39. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
40. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
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City of Bellflower
Agreement File No. 696.6
MuniEnvironmental, LLC
41. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BELLFLOWER MUNIENVIRONMENTAL, LLC
_________________________________________________________ Ryan Smoot, City Manager Jeff Duhamel, President
ATTEST:
_____________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_____________________________
Karl H. Berger, City Attorney Taxpayer ID No.81-1207903 ATTACHMENTS:
Exhibit A – Scope of Services
Exhibit B – Fee Schedule
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CITY OF BELLFLOWER
AGREEMENT FILE NO. 696.6 - EXHIBIT A
SCOPE OF SERVICES
1) CONSULTANT will perform the task as described in CONSULTANT's proposal attached hereto as Exhibit A1.
2) CONSULTANT will perform as-needed SB 1383 compliance assistance services including, but not limited to, the following:
a)SB 1383 Capacity Planning and Compliance Assistance Services:
i) CONSULTANT will conduct Franchise hauler performance monitoring, including review of hauler agreement and conducting route analysis. ii) CONSULTANT will conduct education and outreach for Tier One and Tier Two Commercial Edible Food Recovery Generators (CEFG's), including facilitating information for local food recovery organizations or services that CEFG's can contact.
iii) CONSULTANT will conduct site visits at Tier One and Tier Two CEFG facilities to confirm the following:
(1) EFG's have arranged to recover the maximum amount of edible food that would otherwise be disposed.
(2) EFG's have contracted with food recovery organizations or food recovery services.
iv) CONSULTANT will confirm that Tier One and Tier Two CEFG's have provided an annual Food Recovery Report to the City, as required by SB 1383, that includes the following:
(1) ) A copy of all contracts with Food Recovery Organizations or Food Recovery Services.
(2) The quantity of food, measured in annual pounds recovered, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(3) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
b)SB 1383 Implementation and Reporting Assistance:
i) CONSULTANT will provide miscellaneous SB 1383 implementation of and reporting assistance for CalRecycle’s SB 1383 Local Assistance Grant OWR1 and OWR4. Including any additional grants as requested by the Director of Public Works or the Public Works Manager.
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EXHIBIT A1
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4 OPOSAL TO THE CITY OF BELLFLO
to provide
Technical Assistance tor CalRegc‘e
Regulatory Comgliance
Proposal to Provide Technical Assistance
for
CalRecycle/ SB 1383 Mandated Regulatory Compliance
’Program Enforcement, Monitoring, & Reporting ’
Submitted by
MuniEnvirQnmentil
Advlsors on Solld Waste Policy 8. Practlce
A ,ril 11 2024
Professional Services Proposal for Technical Assistance 1 | P a g e
Len Gorecki
Assistant City Manager/Director of Public Works
City of Bellflower
16600 Civic Center Drive
Bellflower, Ca. 90706
RE: Proposal for Technical Assistance with CalRecycle Regulatory Program Compliance
Dear Mr. Gorecki:
MuniEnvironmental, LLC. (“MUNI”) is pleased to be of continued service to the City of Bellflower (“City”) and appreciates the opportunity to present this task driven proposal (“Proposal”) for hands -on technical assistance to address CalRecycle’s extensive program enforcement and reporting obligations, applicable to all jurisdictions in the state under 14 CCR § 18994.2.
Bellflower’s Ongoing Program Enforcement Requirements under SB 1383 A mandatory reporting system is CalRecycle’s conduit for tracking the status of jurisdictional compliance with SB 1383 program regulations, concurrently monitoring a multitude of ongoing tasks that must be performed by the jurisdiction, including, but not limited to:
Franchised hauler performance monitoring
Organic waste generator minimum service enforcement
Food rescue/donation administration
Contamination monitoring and mitigation
Site inspections and onsite customer support
Education and Outreach
Waiver evaluation procedures and authorization
SB 1383 Program Enforcement
This Proposal addresses the above tasks through an appropriation of the resources necessary to provide the City with administrative support commensurate with the state’s heightened demands, thereby unburdening City Staff, while ensuring that CalRecycle receives the verification it requires to document the City’s uninterrupted SB 1383 program compliance. Conversely, non-compliance by a jurisdiction carries material consequences pursuant to 14 CCR § 18981.1; specifically, under Articles 15 -16.
In addition to those regulations broached above, any preexisting mandates stemming from AB 939 (The Integrated Waste Management Act of 1989), SB 1374 (Mandatory construction diversion programming of 2002), California Green Building Code (2014 and forward), AB 341 (Mandatory commercial recycling act), as well as SB 1383 (Mandatory Organics
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4) MuniEnvironmental
Advisers on Solid Waste Policy 8. Practice
Professional Services Proposal for Technical Assistance 2 | P a g e
Waste Recycling) and additional mandatory programs enacted by California’s State Legislature and enforced by CalRecycle, remain in full force and effect.
Compliance costs incurred by jurisdictions in California are steep. Such costs, which include direct and indirect expenses, must be borne to fund implementation and post implementation oversight of SB 1383 programs and services.
SB 1383 Local Assistance Grant Program (immediate funding resource) To defray a portion of these costs, CalRecycle has been tasked by the state legislature with administering an SB 1383 Local Assistance Grant Program, initialized under a previous funding cycle, soon to expire and be superseded by the issuance of OWR4, covering eligible expenditures incurred from this point forward.
MUNI’s Additional Warranties and Preparedness to Proceed As an additional warranty, MUNI attests that our firm, the principal, and associates do not have any personal, financial and/or organizational conflicts of interest prohibited by law. As an existing vendor, MUNI is familiar with the terms and conditions of the City’s Standard Professional Services Agreement and Insurance Requirements; and we are prepared to execute said Agreement immediately upon acceptance of the proposal.
An integrated project scope and budget reflecting the tasks and objectives described above can be found at the very end of the Proposal, under Section IV, Financial Considerations.
Upon reviewing our Proposal, should questions or concerns arise, please contact me directly at 562-754-1609, as I would welcome your call at any time you find most convenient.
As always, it remains an honor to be of continued service to the City of Bellflower.
Respectfully,
Jeff Duhamel
President
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I. Background
MuniEnvironmental, LLC (“MUNI”) is well versed on all aspects of the current solid waste and recycling services and programs in the City of Bellflower (“City”).
MUNI has provided ongoing assistance to the City for the administration of its solid waste and recycling policies and programs over the past several years.
Said assistance covers a variety of essential tasks including, but not limited to, auditing services, rate reviews and analysis, annual CalRecycle reporting, and more recently, SB 1383 guidance and support.
Notable achievements include the advancement of mandatory recycling and reporting programs that have been strained due to unfunded mandates such as AB 341, AB 826, and more recently SB 1383.
Due to recent changes in the Public Works Department, the City would benefit from additional professional services to secure its good standing with CalRecycle, while administering complex solid waste and recycling programs, coupled with the oversight of a long-term solid waste services franchise.
This proposal to broaden MUNI’s current scope-of-services to maintain parity with increased regulatory obligations placed on all jurisdictions as of January 1, 2024, is founded upon MUNI’s demonstrable success of complying with CalRecycle regulatory demands on behalf of the City, over multiple, consecutive reporting years and budget cycles,, without lapse or incident.
MUNI warrants that it will continue to foster a positive and professional dialog with all solid waste generators, the City’s Franchised Hauer, state and county regulators, as well as all other current and future stake holders, under the direction of City; MUNI deems its function as a value-added resource toward fulfilling the City’s priorities, as carried out by City Staff.
MUNI takes great pride in having worked in the City over the past several years and is honored by this opportunity to be of continued service to the citizens of Bellflower.
II.Qualifications
Solid Waste
Given the State’s current regulatory climate, engaging an experienced solid waste consulting firm has become the norm for cities, proving essential to managing the intricacies of municipal solid waste services, in addition to dealing with ever regulatory rigors.
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Over the years, MUNI has helped many jurisdictions within the region and beyond to recover significant sums of unpaid fees, thereby helping to defray costs arising out of unfunded recycling mandates, while simplifying the task of managing complex franchise agreements.
Below is a representative list of the various types of technical services provided by MUNI at this time:
• Regional Rate Surveys
• Rate Adjustment Review & Cost
Analysis
• Franchise Agreement Compliance Audits &
Performance Reviews
• Franchise Agreement Financial Audits
• State and Local Regulatory Compliance &
Reporting
• Public Education and Outreach
• Contract Negotiations
• Franchise Fee Audits
• Grant Reporting
• Landfill/Facility Audits and Reviews
• Procurement/RFP Processes
• MRF/Processing Facility Diversion
Validation
Recycling
As the State of California strives to reach the recycling goal of 75% by 2025, as established by SB 1383, each local municipality is required to enact new programs and services aimed at achieving this level of waste diversion. Legislation such as Mandatory Commercial Recycling (AB 341) and Mandatory Organics Recycling (SB 1383) place heavy burdens on city staff, not to mention the community. MUNI has industry specific expertise to facilitate implementation and ensure compliant operations effectively.
Having prepared multiple City planning documents (SRRE, HHWE, and NDFE), and successfully implementing a full range of compliance programs, MUNI can ensure its client agencies possess the ability to effectively meet State mandates.
Such compliance programs include:
• AB 939 Recycling and Outreach Programs • Organic Waste Processing • AB 341 Commercial Recycling Programs • Organic Waste Program Development • AB 1826 Organics Recycling Programs and Oversight
• SB 1374 Construction & Demolition Recycling • Public Education and Outreach Programs (Recycling & Organics)
• Recycling Permit Programs • Comprehensive Recordkeeping and Database Management
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Additionally, MUNI has designed, permitted, constructed, and operated two of the largest material recovery facilities (MRFs) in Southern California, namely: Downey Area Recycling and Transfer; and Grant Central Transfer and Recycling (City of Industry).
Rate Adjustments /Operational Audits
MUNI has an extensive background of auditing solid waste service providers, both in the context of service rate modifications and operational cost reviews. Over the past 25_years, waste setting methodologies have evolved from a simple, two component cost structure (collection and a passthrough disposal component), into a complex, multi-faceted cost matrix. Such matrices can also be applied to model the budgets that determine pricing parameters for core and ancillary collection services of solid waste recyclables and organic waste recovery programs, post collection materials recovery processing (MRF), long-haul transfer costs, and remote landfill tipping fees.
Disposal and Recycling Reconciliation
A practice that MUNI implements in operational oversight, disposal and recycling reconciliation is vastly overlooked by many solid waste consultants and municipalities alike.
Based on its own proprietary software, MUNI reconciles all disposal records provided by the hauler, against those records reported by local and regional landfills, along with local transfer operators and processing facilities.
By virtue of this practice, MUNI has been able to identify fraudulent disposal reporting from thirdparty actors, illegally reporting disposed tonnage on municipalities that they are not permitted to haul for.
This often leads to inaccurate diversion calculations at the state level, that adversely affects the City and Franchisee.
III. Relevant Experience
City of Hawaiian Gardens
On Wednesday, 3/27/24, the City of Hawaiian Gardens extended MUNI’s existing professional services agreement for three (3) additional years, concurrently expanding its scope-of-services in the same manner, and for the self-same reasons, that Bellflower is embracing this proposal.
MUNI is currently under contract to provide solid waste contract compliance reviews, annual hauler rate adjustment audits, and quarterly franchise fee audits.
In 2018, the City originally contracted with MUNI to conduct an audit of their incumbent solid waste service provider as well as conduct a new RFP process for the procurement of integrated solid waste collection services. In 2019, the City of Hawaiian Gardens again retained MUNI to perform ongoing rate adjustment reviews, financial audits, hauler reported tonnage audits, as well as overall contract compliance with the hauler.
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Contact Person:
Ms. Ramie Torres
Executive Assistant
City of Hawaiian Gardens
Office: 562-541-1063
Email: [email protected]
City of Lynwood
In 2019, the City of Lynwood contracted with MUNI to conduct an exhaustive rate review and economic audit of their incumbent franchised hauler. The City’s hauler petitioned the City for a 32% rate increase, citing unverified increases in disposal and recycling costs. MUNI reviewed six years of financial records, disposal receipts, MRF processing records and operational costs. After a comprehensive audit process, it was concluded that the franchised hauler was in fact sustaining significant monthly loses and that the City was contractually obligated, in good faith, to approve a rate adjustment commensurate with the provider’s documented losses.
Subsequently, the City of Lynwood has approved two additional agreements with MUNI, which most recently was for ongoing technical support, under a three (3) year term, at the cost of $150k per year.
Contact Person:
Mr. Ernie Hernandez
City Manager
City of Lynwood
Cell: 562-209-2410
Email: [email protected]
City of Industry
MUNI has been on contract as the City of Industry’s Solid Waste and Environmental consultant since the year 2000.
In 2018, the City of Industry conducted an exhaustive RFP process, inviting other solid waste consultancies to bid on the services provided by MUNI.
In response to an RFP, a short list of three (3) firms emerged, and all finalists were interviewed by an outside, independent committee comprising both municipal leaders and industry professionals. Each firm was scored based on their response to key inquiries from the committee. Staff recommended MUNI as well as an alternate firm for City Council consideration. The City Council awarded the three (3) year $1,000,000.00 contract to MUNI, which has been renewed twice for like periods, as recently as March 9, 2023.
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Over the years, MUNI has taken the lead and now oversees a broad scope of services, as the City has outsourced to MUNI the management of various core tasks, which include, in part, the following programs:
• Construction demolition debris program (SB 1374) o Inert Recycling Program Manager o Onsite Diversion Program Manager o Review and Approve Construction Waste Management Plans – Per Jobsite o Quantify all project diversion through site visits and mandatory reporting.
• Citywide commercial recycling permit and reporting program (AB 341) o Implement commercial recycling program. o Oversee the city-wide permit recycling program. o Quantify all commercial recycling. o Developed and distributed community outreach and technical assistance
• Citywide mandatory organics recycling (SB 1383) o Identify all producers of organic waste, per CalRecycle methodology and NAICS business code. o Prepared outreach materials for all generators and conducted site visits to all qualifying Tier 1 and Tier 2 generators.
o Conduct on-site technical assistance for all organic waste generators.
Based on the programs managed by MUNI, the City of Industry has consistently succeeded in obtaining a diversion rate above the required 50% (Per AB 341). Additionally, MUNI has expanded the existing permit and reporting system to encompass organics recycling for hundreds of restaurants and commercial entities that are subject to mandatory organics recycling (AB 1826).
MUNI is also responsible for all educational and outreach materials targeting the entire commercial and construction (C&D) sectors. MUNI staff mails informational letters and surveys to every business in the city. The mailers inform each business of all relevant regulations (AB 341, AB 939, AB 1826), and their requirements. The survey requests information about each business and their waste and recycling programs, including their current collector. MUNI’s team also works alongside code enforcement, and the local franchise hauler to visit generators that fall under the provision of either AB 341 and/or AB 1826.
Contact Person: Josh Nelson
City Manager
City of Industry
626-333-2211
Email: [email protected]
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City of Santa Fe Springs
MUNI’s agreement with the City of Sanat Fe Springs, founded on a limited scope, was quickly expanded, yielding an appreciable reduction in staff and time allocations for program compliance, reporting, and monitoring.
MUNI is also tasked with overseeing and managing the generation and diversion of construction and demolition waste in the City, as it relates to the CALGreen building code and SB 1374, which mandates the cataloging/reporting of all project tonnages and recycling activities for calendar years 2015-2020.
Each covered project is required by the City to meet a recycling and diversion rate of at least 75%.
MUNI requires each project to identify their waste hauler and estimate both disposal and potential recovery prior to being issued a permit to build.
For many years, the City has attempted to deal with numerous unpermitted (rogue) haulers, while being fraught with transient construction and demolition debris contractors hauling waste and recyclables without proper permits. This issue affects the accuracy of tonnage reporting within the City, which is why MUNI has been tasked with developing a new Permitted Recycler Database, along with a reporting and monitoring system that will meet the City’s need for regulatory compliance, mandatory commercial recycling, and mandatory organics recycling requirements. This additionally requires numerous audits of tonnage reports from the haulers, recyclers, landfill, and CalRecycle. Each collector/generator relationship is then tracked monthly through mandatory reporting. The collectors are required to report all activities monthly, per commodity collected.
Lastly, MUNI works closely with City Staff and the three (3), non-exclusive, franchised haulers in implementing all solid waste and recycling programs citywide. MUNI attends all hauler meetings, reviews rate adjustments, records all disposal and recycling tonnages, as well as conducts site assessments and technical assistance with generators throughout the community.
Contact Person:
Maribel Garcia
Senior Management Assistant
City of Santa Fe Springs
(562) 868-0511 Ext. 7569
City of West Hollywood
The City of West Hollywood is currently in the process of extending MUNI’s existing professional services agreement for four (4) additional years, concurrently expanding its scope-of-services in the same manner, and for the self-same reasons, that Bellflower is embracing this proposal.
In 2019, MUNI responded to an open RFP process conducted by the City of West Hollywood. The City sought professional services from solid waste and recycling consulting firms to conduct a Review and Extension of Terms Audit of their franchise hauler, Athens Services. After the City completed its review of all the proposals, MUNI was chosen for an interview with the City’s Department of -23-
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Engineering. Upon completion of the interview process, MUNI was awarded the contract and immediately began the audit process.
MUNI was initially tasked with reviewing the franchise agreement and conducting a thorough and exhaustive review of the billing records, including franchisee fee payments, and subsequently, evaluating the City’s solid waste diversion.
Over multiple years (2020-2023), MUNI has maintained, and expanded, its ongoing professional services agreement that now includes site assessments, along with AB 341 and SB 1383 programming.
Contact Person:
Matthew Magener, PG. QSD, CESSWI
Environmental Programs Coordinator
City of West Hollywood 323-848-
6894 [email protected]
IV. Corporate Organization
MuniEnvironmental, LLC., (MUNI) was founded by Jeff Duhamel, the firm’s current President.
In 1997, Mr. Duhamel founded Waste Systems Technology, Inc. In 2015, Mr. Duhamel rebranded the firm to focus its professional services on local governments only. MUNI maintains a professional staff consisting of President and Principal Consultant, Jeff Duhamel, a Senior Vice-President and practicing Senior Consultant, John A. Telesio, as well as two (2) additional Senior Consultants: Trieu Le, who also serves as MUNI’s lead financial analyst; and Stephen Howe, an environmental consultant with nearly 40 years of experience. MUNI’s administrative support is overseen by Trina Cittell.
Jeff A. Duhamel: President/Principal Consultant
Mr. Duhamel is the President and Principal Consultant of MuniEnvironmental, LLC. He has over 25 years of experience in the Solid Waste industry and has worked with numerous municipalities and private sector enterprises in the strategic development of solid waste collection and diversion programs, as well as solid waste facility infrastructure.
Mr. Duhamel has developed solid waste diversion programming for the Cities of Downey, Bellflower, La Puente, Industry, Cerritos, and Walnut throughout the last two decades. He has also spent a significant portion of his career in the regulatory and compliance side of the Solid Waste Industry, working for municipalities in Orange and Los Angeles Counties.
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Mr. Duhamel’s resume also boasts that he has served as the principal consultant in the development of two of Los Angeles county’s largest Material Recovery Facilities (MRF’s), namely: Downey Area Recycling and Transfer; and Grant Central Transfer and Recycling (City of Industry).
John A. Telesio: Senior Vice President
Mr. Telesio is a waste industry veteran steeped in Corporate Governance/Strategy, M&A, and Governmental Affairs for municipal solid waste franchising. Mr. Telesio is the previous Owner and President/CEO of Consolidated Disposal Service, Inc. (CDS), headquartered in the City of Santa Fe Springs. In May of 1997, after amassing a market share comprising 12 municipal franchises in L.A.
County, which included Avalon on Catalina Island, with service to over 150,000 residential and 5,000 commercial customers weekly and a fleet of 125 vehicles, he successfully merged his company with Republic Services, Inc., at a total transactional value of $38.8M.
Following the merger, Mr. Telesio founded a financial services boutique, Amicus Asset Management, a California Registered Investment Advisory. Amicus developed a proprietary Managed Futures algorithm that was vetted, and adopted, in 2006 by Dunn Asset Management, based in Stuart, FL, managing over $1B in public funds.
In 2007, Mr. Telesio became interim C.E.O. of Moore Electric, a $44M/yr. electrical contracting firm specializing in public infrastructure. Brought in by a syndicated bank, he was critically tasked with executing a financial turn-around plan to protect creditors and municipal sector clients. Within a 12month period, Mr. Telesio effectuated a corporate reorganization, secured a multi -million-dollar revolving credit facility with East West Bank, and increased the company’s bonding capacity to over $22M with Zurich Corporation. Said services were provided in conjunction with SC Capital Partners, Newport Beach.
For more than the past decade, Mr. Telesio has held himself out as consultant to the industry, with an emphasis on government affairs.
As the most recent example, beginning in January of 2019, Mr. Telesio accepted a project with Waste Resources, Inc. (WRI), a franchised hauler exclusively serving the Cities of Carson, Gardena, Lynwood, Hawaiian Gardens, and more recently, Glendale. In addition to providing strategic counsel, Mr. Telesio undertook the task of renegotiating an outdated franchise agreement in the City of Lynwood that had been hemorrhaging over $150k per month, with no contractual options for recuperation. In late 2021, the City of Lynwood adopted an Amended and R estated Franchise Agreement providing for a structural rate adjustment, retention of a cap on future rate adjustments to protect rate payers, the introduction of SB 1383 organics programs, and a 3-year term extension:
thereby rendering the franchise operationally solvent and financially sustainable.
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Stephen Howe: Senior Consultant
Stephen Howe brings extensive solid waste industry experience, Non-profit world expertise, and extensive knowledge and experience in working Jurisdictions, businesses, schools and school districts.
This knowledge and experience provide clients with cost effective, sustainable solutions. Mr. Howe has served as a southern California based environmental consultant since 1992. Mr. Howe audited and developed waste reduction and recycling programs for hundreds of businesses and schools in the Southern California area. Most notably, for twelve (12) consecutive years, he conducted a widely acclaimed waste diversion competition in the County of Los Angeles at multiple schools, kindergarten through 12th grade. Each year, an average of sixty (60) schools participated in this competition. These schools implemented many environmental projects on their campuses including electronic waste collection events, bottle and can recycling, mixed paper recycling, fo od waste diversion, food recovery, composting, vermicomposting, and source reduction. In just one example, these schools collected over 600,000 pounds of electronic waste that was then recycled in a 3-year period.
Mr. Howe has worked with many jurisdictions on their solid waste management programs.
Jurisdiction, businesses, and schools have a connection with each other through the way they manage their solid waste. Mr. Howe works with City staff, business owners and their staff, and schools to find solutions that benefit both entities. When diversion of materials and recycling occurs in jurisdictional businesses and school campuses, cities benefit from that reduction of materials that would have been directed to area landfills. When looking at schools they have many of the same problems that a City must address. Storm-water urban runoff, solid waste generation, litter, wastewater management, water consumption, hazardous materials management and all costs associated with these necessary services.
Mr. Howe has the experience and in-depth knowledge to create and implement programs and projects that will successfully and effectively address these needs and, in the end, will create sustainable solutions that are cost effective.
Trieu Le: Senior Consultant
Mr. Le graduated with a Bachelor of Science in Accountancy from California State University, Long Beach. Mr. Le has been on staff since 2014, prior to the firm’s rebranding as MUNI. Mr. Le has served as the lead Project Manager for the City of Industry contract, where he oversees their entire recycling permit and reporting program; in addition, he has provided ongoing monitoring for the C&D diversion programs in various jurisdictions, including the City of Irvine. Mr. Le’s skillset in accountancy has been key in the audits/analyses of financial data, rate reviews, and Franchise Hauler RFPs, in cities such as Bellflower, Lomita, Lynwood, West Hollywood, Corona, and Hawaiian Gardens.
V. Overview and Approach
Construction and Demolition Program (SB 1374)
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program was enacted in 2002, requiring municipalities to develop programs for construction waste diversion, with a current city requirement of seventy-five percent (75%) diversion.
Monitoring
MUNI will monitor the City’s active projects on a daily/weekly basis, as needed, by tracking and managing site-specific C&D waste generation, which documents adherence to, or deviations from, the City’s Waste Management Plan (“WMP”), beginning on the applicant’s original submittal date through the completion of each covered project. MUNI will quantify all on -site, off-site, and re-use covered materials as required by CalRecycle and the California Green Building Code.
Diversion Tonnage Reporting
MUNI will work closely with the franchised hauler and Permitted Recyclers (as applicable) to confirm the accuracy of reported tonnage information.
Job-Site Visits/Technical Assistance/Education Outreach On an ongoing basis, MUNI will review all submitted WMP applications, and verify with the franchised hauler the quantify their diversion efforts. Each general contractor from these projects will receive the City’s new construction & demolition recycling outreach package along with copies of reporting forms and requirements. MUNI will aid the contractor/developer in the completion of all forms and reporting requirements.
Commercial & Organic Recycling
Reporting
As prescribed in SB 1383 and AB 341, the compilation and retention of certain records is required for each municipality in the State of California. Since the passage of AB 341 (Mandatory Commercial Recycling) in 2011, and most recently the passage in SB 1383 (Mandatory Organics Recycling) in 2016, the collection of program implementation and effectiveness data has never been more critical.
On-site inspections, contamination monitoring and, commencing in 2024, program enforcement becomes a mandatory obligation for all jurisdictions in California.
MUNI will work closely with the City’s franchised hauler, CR&R Incorporated, in the ongoing inspection and reporting requirements associated with on-site compliance efforts. MUNI will also assist with inspections along with the mandatory recordkeeping requirements, compiling of all data of actionable items, such as on-site technical assistance (educational outreach) and enforcement efforts, in a report format approved by CalRecycle.
Database Management
All program information and data will be kept in MUNI’s proprietary database management program.
MUNI will manage a database that will record and document all recycler and generator activities associated with onsite commercial recycling, organics recycling and food rescue.
All database information including commodities, material handling, container size, bin decals (if required), and the generator/recycler relationship will be available for review by city personnel upon request.
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Local Assistance Grant(s)
MUNI was pleased to have had the opportunity of assisting the City in securing its allocation of funding under the SB 1383 Local Assistance Grants—for both the FY 2021-2022 cycle, as well as the impending grant for the FY 2022-2023 cycle.
MUNI is now available to provide further assistance to the City as needed to document and report eligible expenditures, as prescribed in the Procedures and Requirements document published by CalRecycle.
City Meetings and Annual Reporting
Staff Meetings
MUNI will, at a minimum, meet monthly with City Staff to review all deliverables and program implementation results. MUNI will prepare an agenda and produce working documents of all programs currently in process.
All program difficulties will be presented to City Staff to review proposed remedies. A report will be prepared on the hours allocated to each task to date. MUNI will review program costs, hourly budgets, and proposed changes to the pending tasks.
MUNI will monitor and track all legislation and regulations that may impact City. All pending legislation that pertains to solid waste and recycling will be assessed on behalf of the City. In the event such proposed legislation has any impact, either positive or negative, appropriate actions will be presented to the City for its consideration.
Subcommittee Meetings
Upon request, MUNI will participate and prepare minutes of all solid-waste subcommittee meetings.
CalRecycle/Staff
MUNI will participate in all virtual and live CalRecycle/City of Bellflower meetings. Whether this is an annual EAR meeting or called meeting by CalRecycle. Additionally, MUNI will be available for any Grant meetings with CalRecycle.
Franchise Hauler Meetings, Reporting and Reviews
Reporting
MUNI will review all disposal reports submitted by the franchised hauler and reconcile said reports with the disposal and non-disposal agencies/facilities referenced in the mandatory, quarterly disposal reports submitted by the hauler. MUNI has found that during the previous reporting years, the City has had consequential volumes of waste disposed on the City’s behalf that was not collected by the franchised hauler. Implementing an ongoing tracking and reporting system is imperative to managing the recycling and disposal rates, as well as monitoring different waste streams.
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MUNI will collect all disposal and recycling reports, as well as work with any third -party generators/collectors that may have additional tonnages to be reported.
Landfill Disposal Reconciliation
All landfill operators are required to report all waste materials received and disposed within their network of landfills. All disposal data uploaded into CalRecycle’s Recycling and Disposal Reporting System (RDRS) database will be reviewed and reconciled with hauler reports for inaccuracies and unpermitted activities by non-franchised haulers. Should unverifiable tonnages apportioned to the City of Bellflower be identified, MUNI will request additional hauler records from the facility operator, so to identify any unpermitted activities that would jeopardize the City’s diversion requirements under AB 939.
Database Management
As with the record keeping and documentation associated with Construction & Demolition, and Organics, MUNI will utilize its proprietary database management tool that will be accessible to the City and the hauler, documenting all solid waste activities from the point of generation through the recoded final disposition.
As hereinbefore stated, MUNI currently manages all solid waste activities in the City of Industry as well as Santa Fe Springs, with a database that incorporates every business entity and all points of collection and ultimate disposition. This same system is utilized to meet the reporting requirements of CalRecycle, at no licensing fee charged to client cities, haulers, or generators.
Quarterly Hauler Meetings
It is imperative to keep all lines of communication current. MUNI will facilitate quarterly meetings with City Staff and the franchised hauler. This will allow for the discussion of ongoing recycling efforts to remain current, especially with mandatory recycling programs for the multi-family and commercial sectors. MUNI will be responsible for creating the agenda and keeping minutes, thereby ensuring that anything requiring follow-up will be completed.
Franchise Agreement Administration
MUNI will assist the city in Franchise Agreement compliance and oversight. Assistance includes, but is not limited to, rate reviews, quarterly diversion report assessments, new program review and monitoring, agreement amendment reviews and comments, and hauler negotiations.
CalRecycle Annual Electronic Report
MUNI will facilitate the completion of the Electronic Annual Report (EAR) for CalRecycle, on or before the posted completion date, and will be in attendance during all bi-annual reviews and any local CalRecycle required meetings. MUNI will assist the City in implementing all mandatory “Formal Plan” and “In-formal Plan” updates.
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Site Visits/Technical Assistance & Outreach
Public Education and Outreach
Pursuant to CalRecycle guidelines and standards, MUNI will assist in the preparation of all education and outreach materials to be distributed by the City, as well as review all hauler generated outreach materials prior to production and/or distribution. MUNI will also facilitate the printing, collation, and mailing of all required publications. Copies of these publications will be kept in both hard and electronic formats and disseminated throughout City offices, counter displays, and files.
Social Media
MUNI will assist City Staff in the periodic preparation and publication of social media blasts that will promote several recycling programs including, but not limited to, organics recycling, food rescue, commercial recycling, blue container curbside recycling and used oil recycling.
Technical Assistance and Site Visits
CalRecycle requires ongoing site visits and technical assistance year-round. MUNI is uniquely suited to conducting technical outreach, as very few firms offer on-site visits and assistance.
MUNI will conduct site visits to those generators requesting variances and/or waivers. Additionally, those generators that have had ongoing issues with contamination or non-participation, all rise to the top of the site-visit list.
MUNI will perform random site visits, starting first at the location of the solid waste and recycling containers. The inspector will complete a site survey form with photographs of the containers, any documented contamination, trash overflows and graffiti or damaged receptacles. After the back-house visit, if needed, the inspector will facilitate first contact, attempting to identify the primary point of contact, with whom to set an appointment for a return visit or phone call, whichever is necessary and prudent.
All site-visits, documentation, forms, and outreach materials will be logged into MUNI’s proprietary database, then reduced to a summary report, including all follow-up communications, for review and discussion at the monthly and quarterly meetings. All materials prepared for presentation to the generator at the point of inspection or during the proceeding follow-up meeting(s) will be approved prior to dissemination by the Public Works Director.
Public Events & Workshops
MUNI will assist the City in setting up booths and tables as well as participate in public education and outreach activities throughout the community. Workshops are anticipated to be held Quarterly, and may coincide with additional outreach activities.
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CITY OF BELLFLOWER
AGREEMENT FILE NO. 696.5 - EXHIBIT B
FEE SCHEDULE
Payment to CONSULTANT for the services described in Exhibit A will be as follows:
Total Payments……………………………………………………...Not to Exceed $165,000.
Payment for SB 1383 Capacity Planning and Compliance Assistance Services will be based upon the hourly rates listed in CONSULTANT's 2024 Schedule of Rates, attached hereto as Exhibit B1.
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EXHIBIT B1
VI. Financial Considerations
MUNI will perform all tasks and responsibilities enumerated and described herein, on a continual basis throughout the life of the Professional Services Agreement, for an estimated, annual not-to exceed price of $165,000 per year.
All work would be approved prior to commencement and initiated through the City Manager’s office or the Public Works Director. Budgetary capacity is not a guaranteed annual requirement placed upon the City hereunder.
The underlying economics of this proposal are predicated on a minimum three (3) to four (4) year term, as dedicated staffing and resources will be assigned to the City, recognizing as well that there will be a realistic dedicated ramping up of management and personnel required.
Additional information and project details are available, and it would be our pleasure to further discuss the technical and/or logistical aspects of this proposal as the City’s deems appropriate.
All invoices will be submitted via time and materials as follows:
Rate Schedule for Professional Services
Position Personnel Hourly Rate
Principal Consultant Jeff Duhamel $195.00
Senior Consultant John Telesio $175.00
Project Manager Stephen Howe $165.00
Project Consultant Trieu Le $165.00
Site Inspector/Consultant Jorge Pirod $135.00
Administrative Support Trina Cittell $65.00
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A) MuniEnvironmental
Advisers on Solid Waste Policy 8. Practice
CITY OF BELLFLOWER
RESOLUTION NO. 24-27
A RESOLUTION AMENDING THE OPERATING
BUDGET FOR FISCAL YEAR 2024-2025 TO
PROVIDE ADDITIONAL FUNDING FOR ORGANIC
WASTE RECYCLING PROGRAM
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A.The City of Bellflower wishes to add additional funding to Organic Waste Recycling Account # 010-42360-3310 to allow MuniEnvironmental, LLC to conduct SB 1383 Capacity Planning and Compliance Assistance Services (AFN 696.6).
B.MuniEnvironmental, LLC is estimated to cost $165,000 and requires a budget amendment to the Operating Budget for Fiscal Year 2024-2025 to provide additional funds for the Organic Waste Recycling account.
SECTION 2.The City Council hereby amends the Operating Budget for Fiscal Years 2024-2025 as follows:
Adopted Amended
Account No Fund/Account Description Budget Adjustment Budget . 010-42360-3310 Organic Waste and Recycling $50,000 $157,272 $207,272 SECTION 3.This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 4.If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 5.Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6.The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. -33-
City of Bellflower
Resolution No. 24-27
SECTION 7.This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 28TH DAY OF MAY 2024.
________________________________
Dan Koops, Mayor
ATTEST:
________________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
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