AMENDMENT NO. 2 TO AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
HF & H CONSULTANTS, LLC
NEGOTIATION SERVICES FOR SB 1383 COMPLIANCE
THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and HF&H CONSULTANTS, LLC, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated October 6, 2021, entitled "Professional Services Contract Between the City of Huntington Beach and HF& H Consultants, LLC for Negotiation Services for SB1383 Compliance" which agreement shall hereinafter be referred to as the "Original Agreement"; and
City and Consultant wish to amend the Original Agreement to increase the amount of compensation to be paid to Consultant,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
SCOPE OF WORK
The Scope of Work of the Agreement is amended to include the additional duties as set forth in Exhibit "A.
ADDITIONAL COMPENSATION
In consideration of the services to be performed under the Original Agreement, City agrees to pay Consultant at the rates specified in Exhibit B which is attached hereto and incorporated by reference into this Agreement. City further agrees to pay Consultant an additional sum not to exceed Four Hundred Thirteen Thousand Dollars ($413,000.00).
The additional sum shall be added to the original sum of One Hundred Fifteen Thousand 24-151274/350218
Dollars ($115,000.00), for a new contract amount not to exceed Five Hundred Twenty Eight Thousand Dollars ($528,000.00).
3. TERM
The term of the Agreement is extended for three additional year until October 5, 2027.
REAFFIRMATION
Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on , 2027.4 HF&H CONSULTANTS, LLC CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By:
ROB HILTON
print name
ITS: (circle one) Chairman/President/ Vice President Mayor AND
City Clerk
By:
INITIATED AND APPROVED:
print name
ITS: (circle one) Secretary/Chief Financial well
Officer/Asst. Secretary - Treasurer
Director of Public Works
APPROVED ASTOFORM:
Marah COll
24-151274/350218 2
Dollars ($115,000.00), for a new contract amount not to exceed Five Hundred Twenty Eight Thousand Dollars ($528,000.00).
3. TERM
The term of the Agreement is extended for three additional year until October 5, 2027.
4. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions for the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on • 20224 li 1'2 HIF&H CONSULTANTS, LLO CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
By:_
print name
ITS: (circle one) Chairman/President/Vice President Mayor AND
City Clerk
By: paul EZZET
LAITH INITIATED AND APPROVED:
print name
ITS: (circle one Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
Director of Public Works
APPROVED AS TO FORM:
City Attorney
24-151274/350218 2
EXHIBITS A & B
City of Huntington Beach HEH
Prepared by HF&H Consultants, LLC
FEE ESTIMATE FOR REQUESTED
SB 1383 LOCAL ASSISTANCE GRANT SERVICES AND CONTINUED
NEGOTIATION SUPPORT
Background
Senate Bill (SB) 1383 regulations require compliance with a broad range of organics management planning, monitoring, and compliance activities. CalRecycle released the SB 1383 Local Assistance Grant Program FY 2022-23 (Grant).
The following list are the eligible expenditures under the Grant:
• Program Evaluation/Gap Analysis
• Program Implementation and Development
• Record Keeping and Reporting
• Enforcement and Inspection
• Education and Outreach (includes organic waste and edible food recovery) • Edible Food Recovery
• Capacity Planning
• Recovered Organic Waste Procurement Requirements
Requested SB 1383 Service Package Estimates
The following services have been summarized based on our prior discussions with City staff.
HF&H will schedule a kick-off meeting with City staff to determine and focus the scope of work based on the highest priority needs of the City for upcoming CalRecycle reviews. The implemented tasks will be as directed and agreed upon with City staff to ensure the highest priority projects are completed first. The project estimate, based on prior discussions with City staff, is included on the following page in addition to a sample list of the tasks (with estimated cost as previously presented to the City) that may be performed within budgetary limitations.
All service packages will include project summaries for Grant reporting and compliance needs.
August 28, 2024 1 HF&H Consultants, LLC
City of Huntington Beach Fee Estimate
SB 1383 Grant and Contracting Services
Fee Estimate/Budget
We will perform the scope of work based on time and materials, up to the limit of the available budget. The budget for these services is not to exceed $413,000, of which $49,000 is estimated for contracting assistance and $364,000 for ongoing SB 1383 implementation support. Ongoing SB 1383 support may include some of the tasks outlined in Task 2 below; if we are to complete all of the Tasks under Task 2, additional funding may be required. We will bill the City once per month based on the number of hours worked and expenses incurred. Payment is due within 30 days of invoicing. Hourly rates are shown below.
Professional Fees
Hourly rates for professional and administrative personnel through December 31, 2024, are as follows:
Position Rate*
Executive $320 - $350
Senior Project Manager $295 - $315
Project Manager/Senior Associate $215 - $285
Associate Analyst $185 - $200
Assistant Analyst $160 - $180
Administrative Staff $125 - $160
* Hourly rates adjust each January 1 by 3.5%.
Direct Expenses
Standard charges for common direct expenses are as follows:
Automobile Travel Prevailing IRS mileage rate
Airfare and Public Transit Actual Cost
Postage, overnight mail, couriers, and other out-of-pocket costs Actual Cost August 28, 2024 2 HF&H Consultants, LLC
City of Huntington Beach Fee Estimate
SB 1383 Grant and Contracting Services
TASK LIST
1. Contracting Assistance to Finalize SB 1383 Negotiations The additional funds are to cover the extended timeframe of the negotiations, additional time to analyze and negotiate the contract that was over and above the original cost proposal. The funds will cover additional time due to complexities of negotiations based on programmatic assumptions for SB 1383 and recycling matters, additional contract language negotiation sessions, supplemental analysis required to evaluate changed costs/assumptions used, internal briefings with City staff, drafting additional contract exhibits, draft of the final negotiated agreement, support for drafting Council staff report, and preparation for/participation in City Council meeting to present draft agreement.
2. SB 1383 Implementation Support
HF&H will assist with various SB 1383 diversion related inquiries and miscellaneous tasks that arise from time to time to the extent the project budget supports a request. These tasks may include legislative research, compliance tracking and reporting, and providing general solid waste, recycling, and organics liaison assistance.
For this task, HF&H may assist through one or more of the following subtasks within the budgetary limitations of the proposal not to exceed $364,000:
2A. SB 1383 GAP/COMPLIANCE/PERFORMANCE OPPORTUNITY ANALYSIS SB 1383 Formal Gap Analysis - Estimated at $25,000
• Engagement Initiation.
• Meeting: Introduction of model Gap Analysis template. • Request for Information.
• Prepare Initial Request for Information (RFI).
• Draft Gap and Opportunity Analysis.
• Baseline Analysis Report (Excel Gap Analysis) and presentation. • Meeting with project team.
2B. SB 1383 IMPLEMENTATION RECORD PLANNING AND SUPPORT SERVICES Implementation Record Support - Estimated at $19,000 - $49,000 • Kick Off Implementation Record (IR) review meeting with City staff. • Audit of current IR documentation and reports (CalRecycle desktop dry run compliance analysis).
• IR Tool Report Card and suggestions for closing compliance gaps. • Meeting with City to review compliance status and provide recommendations for additional compliance.
• RFI for required information/documentation for IR.
August 28, 2024 3 HF&H Consultants, LLC
City of Huntington Beach Fee Estimate
SB 1383 Grant and Contracting Services
• Design/Development of Client IR. Includes customization of predesigned reporting templates for the City and direct service providers.
• IR review and training meeting with City staff and key stakeholders. 2C. SB 1383 FRANCHISE AGREEMENT CONTRACT MANAGEMENT AND COMPLIANCE
MONITORING SERVICES FOR TWO YEARS
SB 1383 Contract Management and Contractor Compliance Monitoring Services - Estimated at $180,000 - $190,000
• Quarterly SB 1383 Contract Management Services and Compliance Monitoring (agenda and SB 1383 action item summaries).
• Engagement initiation meeting.
• Develop initial Request for Information.
• Develop Contract Profile, Calendar, and finalize Project Plan (if applicable). • Quarterly follow-up on outstanding hauler reports.
• Monitor hauler reports for compliance with SB 1383 (tonnage, service levels, etc.). • Monitor quantity and quality of Hauler's public education for meeting SB 1383 requirements.
• Develop agenda and supporting documents for Quarterly Meetings. • Quarterly Meeting with City (prior to hauler meetings). • Attend virtual meetings with City Staff and hauler.
2D. EDIBLE FOOD RECOVERY COMPLIANCE AND CAPACITY BUILDING Edible Food Recovery Desktop Compliance Review and Capacity Building Analysis - Estimated at $56,000 - $73,000
• Kick Off Meeting with City staff, key stakeholders, and or direct service providers. • Develop the request for information.
• Annually conduct a SB 1383 Desktop Analysis/review and update Tier 1 and Tier 2 Edible Food Generator (EFG) list and required reporting information (confirmation of agreement, monthly tonnage documents on file, and annual tonnage reports). • Annually conduct a SB 1383 Desktop Analysis/review and update Edible Food Recovery Organization/Services list and required reporting information (confirmation of agreement, Monthly Tonnage Documents on file and Annual Tonnage Reports). • Includes up to 3 attempts (via email and phone) to annually contact and provide outreach/technical compliance assistance with EFGs and FROs. • Develop Food Recovery Compliance and Capacity Building Survey and survey EFG's and FROs.
• Additional Analysis and Summary to identify and resolve gaps in compliance by EFG's and FROs.
• Up to 5 attempts (via email and phone) to contact EFG and FROs for survey and to resolve • data/compliance gaps.
• Summary recommendation for City follow-up for SB 1383 compliance. • County Capacity Report drafting (as required by SB 1383).
August 28, 2024 4 HF&H Consultants, LLC
City of Huntington Beach Fee Estimate
SB 1383 Grant and Contracting Services
2E. SB 1383 PROCUREMENT PLANNING SERVICES (COMPOST, MULCH, RNG)* SB 1383 Procurement Analysis - Estimated at $18,000 - $27,000 • Analyze 2024/2025 procurement targets.
• Identify sources and opportunities for procurement.
• GIS needs assessment for where mulch and compost could be distributed within the City. • Conduct a planning level cost assessment of options.
• Provide a summary memo to City staff.
*Excludes cost of recovered organic waste products (ROWP). City may need to set aside additional amounts for the procurement of ROWP.
LF. UTHER SB 1303 IMPLEMENTATION ACTIVITIES - BUDGET IBD Other ongoing SB 1383 activities that may be identified during the course of implementation within budgetary limitations.
August 28, 2024 5 HF&H Consultants, LLC