AGENDA REPORT
Meeting Date: June 14, 2022
Item Number:
To: Honorable Mayor & City Council
From: Robert Welch, P.E., Utilities General Manager
Colonel James Burnley, Solid Waste Manager
Melissa Gomez, Senior Management Analyst
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
HF&H CONSULTANTS, LLC, FOR SOLID WASTE
CONSULTATION; AND
APPROVAL OF A PURCHASE ORDER WITH HF&H
CONSULTANTS, LLC, FOR FISCAL YEAR 2022/23 IN THE NOT- TO-EXCEED AMOUNT OF $125,000 Attachments: 1. Agreement
RECOMMENDATION
Staff recommends City Council move to approve an agreement between the City of Beverly Hills and HF&H Consultants, LLC for solid waste consultation and approve a purchase order to HF&H Consultants, LLC in the amount of $125,000 for Fiscal Year 2022/23.
INTRODUCTION
For many years, the City has contracted with HF&H Consultants, LLC (HF&H) for its solid waste consultation services. HF&H has successfully advised the City through many requests for proposals, rates analyses and audits. Some of their work includes the commercial solid waste request for proposals (RFP) in the early 2000s, the renegotiation of the solid waste franchise agreement with Crown Disposal Company in 2010, the reassignment of the solid waste franchise from Crown Disposal Company to Recology Los Angeles in 2015, the reassignment of the solid waste franchise from Recology Los Angeles to Araco Enterprises, dba Athens Services in 2017, the facilitation of an audit for roll-off and commercial bin services provided by Athens Services, the renegotiation of the solid waste franchise agreement with Athens Services in 2019, and most recently the solid waste rate adjustments for Fiscal Year 2021/22 through Fiscal •
BEVERLY
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Meeting Date: June 14, 2022
Year 2025/26. The current agreement will end on June 30, 2022. Therefore, staff recommends executing a new agreement with HF&H for solid waste consultation services, which is attributable to the City’s successful working experience with the consultant.
DISCUSSION
HF&H’s existing contract with the City was executed in 2017, as a three-year agreement with the option of two one-year extensions. In recent years, HF&H supported the City through a rate study, which resulted in the adoption of solid waste rate adjustments.
HF&H submitted a proposal to perform the following services during the next three years:
1. Perform financial and rate analyses;
2. Review rate adjustment requests submitted by the Hauler;
3. Provide contracting assistance;
4. Attend meetings and briefings in support of implementation issues;
5. Conduct waste hauler audits; and
6. Assist with Senate Bill 1383 compliance. Due to the complexity of this assignment and HF&H’s knowledge of the City, staff recommends City Council approve a new three-year agreement with the option of two one-year extensions the City Manager can authorize. The total amount of this agreement is $675,000. Staff also recommends City Council approve a purchase order with HF&H for $125,000 for Fiscal Year 2022/23.
In addition, it is important to mention that this professional consulting service is exempt from bidding as allowed by section 3-3-112 of the Beverly Hills Municipal Code.
FISCAL IMPACT
Funds are budgeted in the Solid Waste Enterprise for this purpose.
Account Description Amount
83005201-731220 Solid Waste Residential Ongoing
Contractual Services
$ 40,000.00
83005202-731220 Solid Waste Commercial Ongoing
Contractual Services
$ 85,000.00
Shana Epstein, Director of Public Works
Approved By
Attachment 1
B0785-0001\2665619v2.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
HF&H CONSULTANTS, LLC, FOR SOLID WASTE
CONSULTATION
NAME OF CONSULTANT: HF&H Consultants, LLC
RESPONSIBLE PRINCIPAL OF CONSULTANT: Laith Ezzet, Senior Vice President CONSULTANT’S ADDRESS: 2081 Business Center Drive, Suite 265 Irvine, CA 92612
Attention Laith Ezzet, Senior Vice President
CONSULTANT’S E.I.N./TAX I.D. NO.: 94-3097242
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: July 1, 2022
TERMINATION DATE: June 30, 2025, unless extended pursuant to Section 2 of this Agreement
CONSIDERATION: Not to exceed $675,000.00, as more
particularly described in Exhibit B
DocuSign Envelope ID: 799F0062-F431-4DE6-8813-E2156EF45885 B0785-0001\2665619v2.doc
2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
HF&H CONSULTANTS, LLC, FOR SOLID WASTE
CONSULTATION
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”) and HF&H Consultants, LLC, (hereinafter called “CONSULTANT”).
RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.
B. CONSULTANT represents that it is qualified and able to perform the Scope of Works.
NOW, THEREFORE, the parties agree as follows:
Section 1. Scope of Work.
(a) CONSULTANT’s Scope of Work. CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.
Section 2. Time of Performance.
CONSULTANT shall commence its services under this Agreement upon the Commencement Date on the cover page or upon a written receipt of a notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth on the cover page.
The City Manager or his designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.
Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B.
CONSULTANT shall be entitled to reimbursement only for those expenses expressly set forth in Exhibit B. Any expenses incurred by CONSULTANT which are not expressly authorized by this Agreement will not be reimbursed by CITY.
DocuSign Envelope ID: 799F0062-F431-4DE6-8813-E2156EF45885 B0785-0001\2665619v2.doc
3 (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.
Section 4. Method of Payment. CITY shall pay CONSULTANT said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Independent Contractor. CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as herein set forth. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONSULTANT without the prior written approval of CITY. Any attempt by CONSULTANT to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
Section 7. Responsible Principal(s)
(a) CONSULTANT’s Responsible Principal set forth on the cover page shall be principally responsible for CONSULTANT’s obligations under this Agreement and shall serve as principal liaison between CITY and CONSULTANT. Designation of another Responsible Principal by CONSULTANT shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 8. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.
Section 9. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
Section 10. Interests of CONSULTANT. CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONSULTANT.
Section 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.
DocuSign Envelope ID: 799F0062-F431-4DE6-8813-E2156EF45885 B0785-0001\2665619v2.doc
4 (2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) Professional Liability Insurance
A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of One Million Dollars ($1,000,000) per claim and in the aggregate. Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed.
(b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
(g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
DocuSign Envelope ID: 799F0062-F431-4DE6-8813-E2156EF45885 B0785-0001\2665619v2.doc
5 (i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONSULTANT and its insurance carriers.
Section 12. Indemnification.
(a) CONSULTANT agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorneys fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT or any person employed by CONSULTANT in the performance of this Agreement. (b) All duties of CONSULTANT shall survive termination or expiration of the Agreement.
Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONSULTANT be entitled to receive more than the amount that would be paid to CONSULTANT for the full performance of the services required by this Agreement. CONSULTANT shall have no other claim against CITY by reason of such termination, including any claim for compensation.
Section 14. CITY’s Responsibility. CITY shall provide CONSULTANT with all pertinent data, documents, and other requested information as is available for the proper performance of CONSULTANT’s Scope of Work.
Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONSULTANT and compensated by CITY pursuant to this Agreement as CITY deems appropriate.
Section 16. Records Retention and Examination. CONSULTANT shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONSULTANT shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge. CONSULTANT shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONSULTANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
Section 17. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s DocuSign Envelope ID: 799F0062-F431-4DE6-8813-E2156EF45885 B0785-0001\2665619v2.doc
6 regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
Section 18. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded Section 19. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.
Section 20. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 21. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 22. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.
Section 23. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
EXECUTED the day of 20___, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
A Municipal Corporation
By:
LILI BOSSE
Mayor
ATTEST:
By:
HUMA AHMED
City Clerk
[Signatures continue]
DocuSign Envelope ID: 799F0062-F431-4DE6-8813-E2156EF45885 B0785-0001\2665619v2.doc
7 CONSULTANT: HF&H Consultants, LLC
By:
ROBERT HILTON
President
By:
LAITH EZZET
Senior Vice President
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
By: By:
LAURENCE S. WIENER GEORGE CHAVEZ
City Attorney City Manager
By:
SHANA E. EPSTEIN
Director of Public Works
By:
ROBERT WELCH
Utilities General Manager
By:
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 799F0062-F431-4DE6-8813-E2156EF45885 8 B0785-0001\2665619v2.doc
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT shall perform the following services:
Task 1: Perform Financial and Rate Analyses
CONSULTANT shall assist the CITY in its evaluation of the cost and rate impacts associated with various budgeting, operational, contractual, and service changes that may be implemented. The analysis will include the costs of the CITY’s municipal residential solid waste operations, as well as the contracted commercial solid waste operations. This task may also include financial analyses related to diversion plans to comply with State of California (“State”) recycling mandates.
The analysis shall include a projection of the total rate revenue requirement and the percentage rate increase to residential and commercial rates in order to meet the rate revenue requirement.
CONSULTANT will utilize a multi-year Microsoft Excel spreadsheet to estimate revenues and expenses for the period of analysis and develop alternative rate adjustment strategies that will meet the target fund balance by the end of the projection period.
CITY shall be responsible for providing its detailed budgeting information and historical financial results, and various operating data such as the number of tons collected and diverted by line of service, container distributions, and other relevant data.
Task 2: Review Rate Adjustment Requests Submitted by Hauler CITY contracts for commercial solid waste handling services with a private waste hauler. CITY also contracts for mixed processing of the CITY’s residential waste that is delivered to a material recovery facility by CITY crews. The waste hauler and material processor are allowed to request an annual rate adjustment. If requested, CONSULTANT will verify the accuracy of the rate adjustment calculations for consistency with the rate adjustment formula contained in the agreement between the hauler and/or material processor and CITY.
Task 3: Provide Contracting Assistance
CONSULTANT will assist CITY upon request with negotiation of amendments to the existing commercial solid waste collection agreement with the commercial waste hauler and/or the residential processing agreement. This may include enhancements to existing services or waste diversion programs to increase recycling and comply with State waste diversion mandates.
Task 4: Meetings, Briefings and Evaluation of Implementation Issues CONSULTANT anticipates a variety of planning meetings and project briefings with CITY staff, the Public Works Commission, and the City Council during the term of the engagement, as well DocuSign Envelope ID: 799F0062-F431-4DE6-8813-E2156EF45885 B0785-0001\2665619v2.doc
9 as requested analyses of various implementation issues associated with both the residential and commercial services. CONSULTANT shall perform the supporting analyses, conduct the requested briefings, and attend the various meetings.
Task 5: Waste Hauler Audits
CONSULTANT shall audit certain contract information as requested by CITY. Section 7.2.6 of the current commercial solid waste agreement (Agreement No. 537-10) contains a provision for an audit of the hauler’s records to be conducted every third year, and the audit cost is to be reimbursed to the CITY by the hauler. The current audit based on reports and records from Calendar Year (“CY”) 2019 and CY 2021 will be completed in Fiscal Year (“FY”) 2022-23. The next audit to be performed is in CY 2024, which will be based on reports and records from April 1, 2022 through December 31, 2023. The scope of the audit may, at the discretion of CITY, include reported tonnage (refuse, recycling, organic waste), accuracy of commercial customer billing for consistency with CITY’s approved rate schedule, achievement of contractually required diversion levels, confirmation that all required tonnage to be delivered for processing has been properly handled and accounted for, and compliance with various service and reporting requirements to ensure that the hauling contractor is performing in accordance with the contract specifications.
Task 6: California Senate Bill (“SB”) 1383 Compliance Assistance Upon CITY’s request, CONSULTANT shall monitor hauler compliance with SB 1383 requirements and diversion requirements in the current solid waste agreement, and calculate liquidated damages if hauling contractor is deemed non-compliant. If requested, CONSULTANT may assist CITY with other analyses to assist with SB 1383 compliance.
II. INFECTIOUS DISEASE
A. The federal government and State of California, the County of Los Angeles, and CITY have declared an emergency due to a global pandemic caused by an infectious coronavirus which causes a disease referred to as COVID-19. In an effort to support and maintain a safe and healthy workplace for CITY employees and the community, CITY is requiring all contractors and CONTRACTOR to immediately monitor and track the signs and symptoms of COVID-19, the common cold and influenza for all of its employees and subcontractors (collectively “CONTRACTOR employees”) assigned to CITY projects that come onsite to any CITY facility to perform services under the Agreement.
B. CONTRACTOR shall notify CITY immediately in writing if CONTRACTOR or CONTRACTOR employees have come in contact with anyone with an infectious disease or has contracted an infectious disease. Such CONTRACTOR employees shall immediately cease performing services under the Agreement.
C. CONTRACTOR shall monitor CONTRACTOR employees’ signs and symptoms with written logs. CONTRACTOR shall maintain a daily recording of the following:
1. Require CONTRACTOR employees to take their temperature each time they enter and exit CITY facilities (both before and after work is performed at CITY facilities).
DocuSign Envelope ID: 799F0062-F431-4DE6-8813-E2156EF45885 B0785-0001\2665619v2.doc
10 2. If CONTRACTOR employees have any symptoms of COVID-19, the common cold, or influenza including but not limited to a fever (100°F or higher), cough, trouble breathing, CONTRACTOR shall:
(a) Direct employees not to report to work.
(b) Contact your CITY Responsible Principal.
3. CONTRACTOR shall ask employees to identify any close contact they had with others at a CITY facility during the 48 hours prior to symptom onset or positive test, if asymptomatic. Close contact is defined as individuals who are within 6 feet of each other for 15 minutes or more over a 24 hour period. This definition may be modified by the Centers for Disease Control and/or the Los Angeles County Public Health Department.
4. CONTRACTOR shall disinfect all areas that CONTRACTOR’s employees come in contact with while performing services under the Agreement before and after usage.
5. CONTRACTOR employees shall not return to any CITY facility until they meet the quarantine / isolation guidance* of the Los Angeles County Department of Public Health. * CONTRACTOR acknowledges it has reviewed, understands and will follow the Los Angeles County Department of Public Health guidance workplaces.
D. CONTRACTOR shall also maintain daily monitoring and record keeping in connection with CITY projects where CONTRACTOR employees come on site for the following information:
1. Projects are adhering to Social Distancing and Industry Safety Standards for employees and the public. Please review Los Angeles County Department of Public Health guidelines for social distancing.
2. CONTRACTOR employees are not working while sick.
3. CONTRACTOR shall notify their CITY Project Manager or CITY Responsible Principal prior to reporting on site daily.
4. CONTRACTOR shall contact their CITY Project Manager or CITY Responsible Principal to reschedule non-essential services.
E. CONTRACTOR shall provide employees with handwashing and sanitizing equipment.
These requirements apply to all vendors and their employees regardless of whether they are fully vaccinated or not.
CONTRACTOR shall be required to know and adhere to Los Angeles County Public Health Order http://publichealth.lacounty.gov/media/Coronavirus/reopening-la.htm#orders.
For the latest CITY updates and COVID-19 related FAQs please visit http://www.beverlyhills.org/novelcoronavirus
DocuSign Envelope ID: 799F0062-F431-4DE6-8813-E2156EF45885 B0785-0001\2665619v2.doc
11 CITY reserves the right to review CONTRACTOR’s daily logs to ensure compliance with this Agreement. CITY has the right to send CONTRACTOR employees home who do not comply with these requirements. CONTRACTOR shall maintain the recordings and logs in accordance with the Agreement.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.
DocuSign Envelope ID: 799F0062-F431-4DE6-8813-E2156EF45885 12 B0785-0001\2665619v2.doc
EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONSULTANT for the satisfactory performance of services performed under this Agreement as described in Exhibit A in the not-to-exceed amount of Six Hundred Seventy-Five Thousand Dollars ($675,000.00) based on the fees and rates set forth herein.
COST ESTIMATE
CONSULTANT will perform the Scope of Work based on time and materials. Estimated costs by task are summarized below. Fees may be shifted among tasks and among years to meet CITY’s study priorities. Actual costs may be higher or lower than estimated amounts, depending on the level of support requested by CITY for specific tasks. The audit costs in Task 5 are reimbursed to CITY by the hauler per terms of CITY’s commercial solid waste agreement (Agreement No. 537-10).
Task Number and Description
FY 2023 FY 2024 FY 2025 FY 2026 FY 2027
Budget Budget Budget Budget
(If extended)
Budget
(if extended)
1 Perform financial and rate
analyses $47,000 $36,500 $26,000 $50,500 $30,000
2 Review contractor rate adjustment
request $8,000 $8,500 $9,000 $9,500 $10,000
3 Assistance with amendments $0 $0 $15,000 $20,000 $20,000 4 Meetings, briefings, and
implementation issues $15,000 $15,000 $15,000 $15,000 $15,000 5 Waste Hauler Audits $10,000 $40,000 $40,000 $10,000 $35,000 6 SB 1383 Compliance Assistance $45,000 $30,000 $30,000 $35,000 $35,000 Total fees and expenses $125,000 $130,000 $135,000 $140,000 $145,000
FEE SCHEDULE
CONSULTANT’s hourly rates through December 31, 2022 are shown below. Upon giving CITY thirty (30) days written notice, the rates are subject to a 3.5% adjustment each January 1st Staff Classification Rate
Senior Vice President / President $315
Vice President $300
Senior Project Manager $285 to $295
Manager $240 to $255
Senior Associate $210 to $235
Associate Analyst $160 to $190
Assistant Analyst $135 to $150
Administrative Analyst $110 to $120
DocuSign Envelope ID: 799F0062-F431-4DE6-8813-E2156EF45885 B0785-0001\2665619v2.doc
13 REIMBURSABLE EXPENSES
CITY shall reimburse CONSULTANT for the following expenses reasonably incurred in the performance of the Agreement:
Automobile travel Standard IRS allowance per mile
Subcontractors Actual + 15%
Postage, overnight mail, and other out-of-pocket costs Actual cost CONSULTANT shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.
DocuSign Envelope ID: 799F0062-F431-4DE6-8813-E2156EF45885
EXHIBIT C
B0785-0001\2665619v2.doc
EXHIBIT C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
CONSULTANT'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: CONSULTANT agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of CONSULTANT's officers, employees, agents or others employed by CONSULTANT while engaged by CONSULTANT in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance 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.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
DocuSign Envelope ID: 799F0062-F431-4DE6-8813-E2156EF45885 Certificate Of Completion
Envelope Id: 799F0062F4314DE68813E2156EF45885 Status: Sent Subject: Please DocuSign: HF&H Consultants, LLC - Solid Waste Consultation Source Envelope:
Document Pages: 14 Signatures: 6 Envelope Originator:
Certificate Pages: 3 Initials: 0 Erin Justus
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Record Tracking
Status: Original
5/26/2022 4:43:43 PM
Holder: Erin Justus
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 174.199.43.17
Signed using mobile
Sent: 5/26/2022 4:57:02 PM
Viewed: 5/26/2022 8:20:13 PM
Signed: 5/26/2022 8:20:28 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Laith Ezzet
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 76.95.68.84
Sent: 5/26/2022 8:20:30 PM
Viewed: 5/26/2022 8:41:06 PM
Signed: 5/26/2022 8:43:15 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Robert Hilton
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 108.233.8.169
Sent: 5/26/2022 8:20:30 PM
Resent: 6/1/2022 7:31:36 AM
Resent: 6/6/2022 9:57:38 AM
Resent: 6/6/2022 11:01:25 AM
Viewed: 6/6/2022 11:02:04 AM
Signed: 6/6/2022 11:02:16 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Deborah R. Hakman for
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 23.243.217.91
Signed using mobile
Sent: 6/6/2022 11:02:18 AM
Viewed: 6/6/2022 12:21:56 PM
Signed: 6/6/2022 12:22:14 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
DocuSign
Signer Events Signature Timestamp
Robert Welch
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 76.170.32.184
Sent: 6/6/2022 12:22:16 PM
Viewed: 6/6/2022 1:14:51 PM
Signed: 6/6/2022 1:15:15 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Signed by link sent to [email protected]
Using IP Address: 23.242.79.84
Signed using mobile
Sent: 6/6/2022 1:15:17 PM
Viewed: 6/6/2022 1:47:59 PM
Signed: 6/6/2022 1:48:19 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Logan Phillippo
[email protected]
Senior Management Analyst
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 6/6/2022 1:48:21 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
George Chavez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lili Bosse
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Adrianne Tarazon
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dorina Mohan
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jackie Perez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lourdes Sy-Rodriguez
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/26/2022 4:57:02 PM
Payment Events Status Timestamps