PROFESSIONAL SERVICES AGREEMENT
[SB 1383 Local Assistance Grant Program Implementation Services]
THIS PROFESSIONAL SERVICES AGREEMENT (the “Agreement”) is made at Orange, California, on this _____ day of _______________, 2024 (the “Effective Date”) by and between the CITY OF ORANGE, a municipal corporation (“City”), and HF&H CONSULTANTS, LLC, a California limited liability company (“Contractor”), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to the reasonable satisfaction of City the services set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. As a material inducement to City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. The services which are th e subject of this Agreement are not in the usual course of City’s business and City relies on Contractor’s representation that it is independently engaged in the busi ness of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner in conformance with the standards of quality normally observed by an entity provid ing such services to a municipal agency. All services provided shall conform to all federal, state and local laws, rules and regulations and to the best professional standards and practices. The terms and conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.
Joshua Soliz , Public Works Admin Manager (“City’s Project Manager”), shall be the person to whom Contractor will report for the performance of services hereunder. It is understood that Contractor’s performance hereunder shall be under the supervision of City’s Project Manager (or his/her designee), that Contractor shall coordinate its services hereunder with City’s Project Manager to the extent required by City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of City’s Project Manager and the City Manager.
2. Compensation and Fees.
a. Contractor's total compensation for all services performed under this Agreement, shall not exceed NINETY THOUSAND DOLLARS and 00/100 ($90,000.00) without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental, subsistence and all related expenses.
3. Payment.
a. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred.
2 b. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed.
c. City will pay Contractor the amount invoiced within thirty (30) days after the approval of the invoice.
d. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor have been previously authorized in writing and approved by City as an amendment to this Agreement. City’s Project Manager is authorized to approve a reduction in the services to be performed and compensation therefor. All amendments shall set forth the changes of work, extension of time, and/or adjustment of the compensation to be paid by City to Contractor and shall be signed by the City’s Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the work contemplated by this Agreement and that Contractor and its subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Agreement.
6. Independent Contractor . At all times during the term of this Agreement, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equi pment which may be required for furnishing services pursuant to this Agreement. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
7. Contractor Not Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever.
8. Designated Persons. Only those qualified persons authorized by City’s Project Manager, or as designated in Exhibit “A,” shall perform work provided for under this Agreement. 3 It is understood by the parties that clerical and other nonprofessional work may be performed by persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor of any part of this Agreement or of funds to be received under this Agreement shall be of any force or effect unless the assignment has the prior written approval of City. City may terminate this Agreement rather than accept any proposed assignment or subcontracting. Such assignment or subcontracting may be approved by the City Manager or his/her designee.
10. Time of Completion . Except as otherwise specified in Exhibit “A,” Contractor shall commence the work provided for in this Agreement within five (5) days of the Effective Date of this Agreement and diligently prosecute completion of the work in accordance with the time period set forth in Exhibit “A” hereto] or as otherwise agreed to by and between the representatives of the parties.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its control, other than those delays caused by City, shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay yand request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor’s control. If Contractor believes that delays caused by City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above, absent a written amendment to this Agreement.
14. Products of Contractor. The documents, studies, evaluations, asses sments, reports, plans, citations, materials, manuals, technical data, logs, files, designs and other products produced or provided by Contractor for this Agreement shall become the property of City upon receipt. Contractor shall deliver all such products to City prior to payment for same. City may use, reuse or otherwise utilize such products without restriction.
15. Equal Employment Opportunity . During the performance of this Agreement, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms 4 of compensation and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a consultant to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnity.
a. To the fullest extent permitted by law , Contractor agrees to indemnify, defend and hold City, its City Council and each member thereof, and the officers, officials, agents and employees of City (collectively the “Indemnitees”) entirely harmless from all liability arising out of:
(1) Any and all claims under workers’ compensation acts and other employee benefit acts with respect to Contractor’s employees or Contractor’s subcontractor’s employees arising out of Contractor’s work under this Agreement, including any and all claims under any law pertaining to Contractor or its employees’ status as an independent contractor and any and all claims under Labor Code section 1720 related to the payment of prevailing wages for public works projects; and
(2) Any claim, loss, injury to or death of persons or damage to property caused by any act, neglect, default, or omission of Contractor, or person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages due to loss or theft sustained by any person, firm or corporation including the Indemnitees, or any of them, arising out of, or in any way connected with the work or services which are the subject of this Agreement, including injury or damage either on or off City’s property; but not for any loss, injury, death or damage caused by the active negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall inde mnify any and all claims, actions, suits or other proceedings that may be brought or instituted against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any action, suit or other proceedings as a result of coverage under this subparagraph.
5 b. To the fullest extent permitted by law, and as limited by California Civil Code 2782.8, Contractor agrees to indemnify and hold Indemnitees harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property to the extent caused by its negligent professional act or omission in the performance of professional services pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this Agreement shall not be construed to extend any third party indemnification rights of any kind to any person or entity which is not a signatory to this Agreement.
d. The indemniti es set forth in this section shall survive any closing, rescission, or termination of this Agreement, and shall continue to be binding and in full force and effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers ’ compensation insurance as required by law for the protection of its employees during the progress of the work. Contractor understands that it is an independent contractor and not entitled to any worker s’ compensation benefits under any City program.
b. Contractor shall maintain during the life of this Agreement the following minimum amount of comprehensive general liability insurance or commercial general liability insurance: the greater of (1) One Million Dollars ( $1,000,000) per occurrence ; or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage and be written on an occurrence basis.
c. Contractor shall maintain during the life of this Agreement, the following minimum amount of automotive liability insurance: the greater of (1) a combined single limit of One Million Dollars ($ 1,000,000); or (2) all the insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover bodily injury, death and property damage for all owned, non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement.
e. Each policy of general liability and automotive liability shall provide that City, its officers, officials, agents, and employees are declared to be additional insureds under the terms of the policy, but only with respect to the work performed by Contractor under this Agreement. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 18.b and c, above, shall apply to City as an additional insured. Any umbrella liability 6 insurance that is provided as part of the general or automobile liability minimums set forth herein shall be maintained for the duration of the Agreement.
f. Contractor shall maintain during the life of this Agreement professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep such policy in force and effect for at least five (5) years from the date of completion of this Agreement.
g. The insurance policies maintained by Contractor shall be primary insurance and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than as stated above.
h. Before Contractor performs any work or prepares or delivers any materials, Contractor shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned minimum insurance coverages on forms acceptable to City, which shall provide that the insurance in force will not be canceled or allowed to lapse without at least ten (10) days’ prior written notice to City.
i. Except for professional liability insurance coverage that may be required by this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of professional liability insurance coverage, such coverage shall be issued by companies either licensed or admitted to conduct business in Califo rnia so long as such insurer pos sesses the aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom, by way of set -off from any sums owed Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance.
l. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to City for review and approval. All coverages for subcontractors shall be subject to all of the requirements stated herein.
7 19. Termination. City may for any reason terminate this Agreement by giving Contractor not less than five (5) days’ written notice of intent to terminate. Upon receipt of such notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Agreement, unless termination by City shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days’ notice from City, and copies thereof shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all local, state and federal laws which may apply to the performance of this Agreement.
b. If the work provided for in this Agreement constitutes a “public works,” as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid, to the extent Contractor’s employees will perform any work that falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it, shall pay not less than the specified p revailing rates of wages to all such workers . The general prevailing wage determinations for c rafts can be located on the web site of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring.
c. Contractor represents and warrants that it:
(1) Has complied and shall at all times during the term of this Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services under this Agreement who is ineligible to work in the United States or under the terms of this Agreement; and
8 (3) Has properly maintained, and shall at all times during the term of this Agreement properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I -9 for each of Contractor’s employees; and
(4) Has responded, and shall at all times during the term of this Agreement respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I -9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration.
d. Contractor shall require all subcontractors or subconsultants to make the same representations and warranties as set forth in Subsection 21.c.
e. Contractor shall, upon request of City, provide a list of all employees working under this Agreement and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Agreement without written notice to City, accompanied by the verification required herein for such employees.
f. Contractor shall require all subcontractors or sub-consultants to make the same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing work under this Agreement who is not authorized to work in the United States, and/or fails to follow federal laws to determine the status of such employee, that shall constitute a material breach of this Agreement and may be cause for immediate termination of this Agreement by City.
h. Contractor agrees to indemnify and hold City, its officers, officials, agents and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Agreement.
22. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written, pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any wo rk performed which is inconsistent with or in violation of the provisions of this Agree ment shall not be compensated.
9 24. Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally , by e -mail, or by first class U.S. mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e- mail shall be deemed received on the date of the e-mail transmission.
“CONTRACTOR” “CITY”
HF&H Consultants, LLC City of Orange
2081 Business Center Dr, Suite 265 300 E. Chapman Avenue Irvine, CA 92612 Orange, CA 92866-1591
Attn.: Laith Ezzet Attn.: Joshua Soliz
Telephone: 949-251-8628 Telephone: 714-744-5588
E-Mail: [email protected] E-Mail: [email protected]
25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures.
[Remainder of page intentionally left blank; signatures on next page]
EXHIBIT “A”
SCOPE OF SERVICES
[Beneath this sheet.]
Managing Tomorrow’s Resources Today
2081 Business Center Drive, Suite 265 Robert D. Hilton, Emeritus Irvine, California 92612 John W. Farnkopf, PE
Telephone: (949) 251-8628 Laith B. Ezzet, CMC
Fax: (949) 251-9741 Richard J. Simonson, CMC
www.hfh-consultants.com Marva M. Sheehan, CPA
Robert C. Hilton, CMC
May 6, 2024
Mr. Josh Soliz
Public Works Admin Manager
City of Orange
300 E Chapman Ave
Orange, CA 92866
Re: Proposal to Provide Solid Waste, Recycling, and Organics Consultant Services
Dear Mr. Soliz:
HF&H Consultants (HF&H) is pleased to submit this scope of work to the City of Orange (City) to provide solid waste, recycling, and organics consultant services. This scope was developed after a virtual meeting with City staff on Wednesday April 10, 2024, and subsequent email and telephone communication between HF&H and City staff.
HF&H understands that the City began preparing for Senate Bill 1383 (SB 1383) prior to 2020 when the renegotiated solid waste franchise agreement (Agreement) updated for SB 1383 with CR&R Inc. (CR&R) went into effect. In addition, further enhancements were made to SB 1383 programs, civic services, and quality control with the restated and amended Agreement approved in January 2024. The intention of this scope is to outline services to review the City’s existing programs related to SB 1383, develop specific program enhancements, support the City’s self -haul program, and provide ongoing implementation support services upon request.
HF&H has a long history of successfully providing these services to jurisdictions throughout California since 1989. We believe that HF&H brings the following qualifications and benefits to the City:
1. We are an industry recognized thought -leader in environmental strategic planning, goal setting, policy development and program implementation. Clients of HF&H receive innovative and pragmatic solid waste and recycling plans that have been developed with decade’s worth of diverse experience.
Our pioneer role in the zero -waste planning field, assisting communities such as the cities of San Diego, Santa Monica, and Livermore, and the County of San Diego, has provided us with an unmatched menu of services and p rograms, as well as unrivaled implementation experience. This range of experience allows us to develop both short and long- term goals that meet the specific needs of our clients, while maintaining a realistic understanding of the impacts on client costs and diversion.
2. HF&H is regarded as the industry expert for SB 1383 compliance. In 2019, CalRecycle engaged HF&H to develop a stakeholder input group and create Model SB 1383 Implementation Tools and Guidance.
These model tools were developed to support jurisdictions and other regulated entities across the state with implementing pr ograms and policies to reach compliance with SB 1383 regulations. The model tools include a Model Enforcement Ordinance, Model Procurement Policy, Model Franchise
Managing Tomorrow’s Resources Today
Mr. Josh Soliz
May 6, 2024
Agreement, and Model Food Recovery Agreement. Our range of experience supporting California jurisdictions with SB 1383 includes, but is not limited to, strategic planning, cost modeling, sole source and competitive procurements, ordinance development, program development, SB 1383 Gap/Performance Analysis, SB 1383 contract and report management, and engagement in the regulatory process.
3. We identify the individual needs of our clients and their communities. At HF&H we partner with key stakeholders, including City Council, City staff, residents, and other applicable community parties to set measurable, achievable goals. The purpose of these goals is to meet the specific needs of the community and achieve regulatory compliance while minimizing the financial impact on ratepayers.
Again, our experience has helped us develop a vast array of facilitation methods, including online surveys, webinars, live streams, and council workshops. HF&H’s team includes staff that have worked closely with both City staff and CR&R to implement the City’s SB 1383 programs and understand the City’s unique attributes that impact SB 1383 implementation.
4. HF&H does not provide solid waste consulting services to waste haulers. HF&H exclusively provides consulting services to municipalities for the better interest of our clients and to avoid potential conflicts of interest that may arise in firms that attempt to serve public agencies and haulers. We believe this independence is particularly important for objective proposal evaluation and effective negotiations during the procurement of a solid waste services agreement. Additionally, our municipal focus ensures that we are aware of the unique requirements of public officials.
Thank you for the opportunity to provide you with this information. We look forward to an opportunity to continue our partnership with the City. If you have any questions, please contact Haley Kunert at (949) 251-0930 or [email protected]
.
Very truly yours,
HF&H CONSULTANTS, LLC
Laith Ezzet, CMC Haley Kunert
Senior Vice President Senior Project Manager
City of Orange Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services
May 6, 2024 Page 3 HF&H Consultants, LLC
SECTION 1: SCOPE OF WORK
Task 1: SB 1383 Gap Analysis
Task 1A. Engagement Initiation
HF&H will initiate the engagement by conducting a meeting with the City to confirm the needs and desires of the City with respect to SB 1383 compliance approaches. This will ensure that recommendations and options developed align with the City’s overall desired strategy for achieving compliance.
Task 1B. Request for Information
HF&H will prepare a request for information for data necessary to conduct the analysis. HF&H will facilitate a conference call with the City to discuss the request for information and agree on timelines for delivery of that information, along with HF&H’s work products dependent on it. The RFI may include, but not be limited to:
• Implementation Record
• Electronic Annual Reports
• Franchise agreement and amendments, if any
• Municipal code sections related to solid waste, recycling, and organics • Purchasing policy
• City organization Chart
• Tonnage reports submitted by the waste hauler
• Customer subscription levels and tier 1 and tier 2 annual food recovery reports and lists (to be provided by waste hauler)
• City facility solid waste service levels
• Large events and venues
• Non-profits and third parties providing food recovery service Task 1C. Community Programs Review
The City will receive an analysis of the current organics collection programs for compliance with regulatory requirements (including processing, food recovery, education and outreach , and reporting under SB 1383). The City will benefit from our proven SB 1383 analysis tools, which have been reviewed by CalRecycle, including our compliance checklists and responsibility matrix. These proven tools efficiently assess compliance with SB 1383, identify gaps in programs, synthesize the data, and inform decisions about who to assign responsibility for the various compliance requirements. These tools are helpful working documents for use in the Implementation Record required by SB 1383. If there are questions or concerns surrounding a program’s compliance, HF&H will obtain clarification from CalRecycle’s SB 1383 Manager, or other CalRecycle representatives, as necessary. The City will benefit from our strong working relationship with CalRecycle and our deep knowledge of compliance issues, which has been developed across multiple engagements with CalRecycle, including our project of assisting CalRecycle with the development of tools for local government implementation of SB 1383.
Task 1D. Internal Operations Review
While SB 1383 is a shared -responsibility bill providing opportunity for delegation of requirements to franchisees, there are numerous requirements that may not be reasonably delegated, such as City of Orange Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services
May 6, 2024 Page 4 HF&H Consultants, LLC
procurement of recovered content paper, issuing fines, and amending ordinances. HF&H will evaluate the City’s internal operations in order to identify gaps in performance or service compared to SB 1383 requirements. This analysis will primarily focus on re quirements for service, purchasing, education, outreach, and reporting.
Task 1E. Baseline Analysis Report and Meeting
Based on the information gathered and work performed in Tasks 1A through 1D, HF&H will facilitate a meeting to articulate the extent to which current programs, internal operations, and infrastructure comply. HF&H will discuss the relative advantages of various compliance pathways, and seek City direction on which programs they would like to consider. We will document the discussion and direction provided in annotated meeting notes on the baseline conditions report.
Task 1F. Additional Implementation Record Analysis
Using the information gathered and work performed in Tasks 1A through 1D, HF&H will further review the City’s Implementation Record for completion, accuracy, and compliance with the recordkeeping requirements of SB 1383. This analysis will assess file access and sharing permissions for external users in preparation for an SB 1383 compliance review from CalRecycle. The City will receive a separate document outlining the compliance status of each record required to be maintained in the City’s Implementation Record.
Deliverables
The City will receive a baseline conditions report and one meeting with HF&H to review current compliance status and potential solutions to be considered. Additionally, we will provide a memorandum of the findings for the additional Implementation Record Analysis in Task F.
Task 2: SB 1383 Self-Haul Program Development
HF&H will review the City’s current Self-Haul arrangements and develop an SB 1383 compliant Self-Haul program including permit application forms, process description, notification letters, and tracking sheet.
To achieve this, HF&H will:
• Conduct a kick-off meeting with jurisdiction staff (include relevant executives as necessary) • Prepare RFI for review of current waiver and self-haul documentation. • Review the City’s current Self-Haul Ordinances, internal policies, public-facing forms, and other relevant support files for SB 1383 compliance.
• Draft a “Summary Analysis” for program gaps, and best management strategies for monitoring/reporting.
• Provide summary recommendations for an update to programs and/or ordinances, if needed. • Develop permit application forms, process description, notification letters, and tracking sheet.
Task 3: SB 1383 Commercial Self-Haul Program Implementation and Monitoring After completing Task 2, HF&H will provide additional support to implement the updated Self-Haul program. To achieve this, HF&H will:
• Gather readily available information from CR&R or the City’s SB 1383 software regarding customers that have refused to sign-up for SB 1383 services because they stated they would self-haul the material.
City of Orange Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services
May 6, 2024 Page 5 HF&H Consultants, LLC
• Develop an action plan to address non-compliant generators that noted they are self-hauling but the City has not received supporting documentation of compliant SB 1383 programs. • Conduct a meeting with City staff and CR&R with recommendations on how to implement the action plan.
• Review outreach prepared by City and CR&R to determine if the self-haul outreach requirements are covered.
• As project budget allows, provide limited virtual technical assistance to help non-compliant generators comply with SB 1383 generator requirements related to the self-haul requirements.
Task 4: On-Call 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 will include legislative research, compliance tracking and reporting, and providing general solid waste, recycling, and organics liaison assistance.
City of Orange Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services
May 6, 2024 Page 6 HF&H Consultants, LLC
SECTION 2: FEE PROPOSAL
We will perform the scope of work based on time and materials, up to the limit of the available budget.
We understand, based on the City’s response to the estimate for the services discussed on April 10, 2024, the City’s anticipated budget for these services is not to exceed $90,000. We will bill the City once per month based on the number of hours worked and expenses incurred. See Table 1 below for detailed cost estimates of each task. Payment is due within 30 days of invoicing. Hourly rates are shown below.
Professional Fees
Hourly rates for professional and administrative personnel through June 30, 2025, are as follows:
Position Rate
Executive $329 - $360
Senior Project Manager $300 - $325
Project Manager $260 - $295
Senior Associate $220 - $259
Associate Analyst $190 - $210
Assistant Analyst $165 - $185
Administrative Staff $125 - $165
*Hourly rates adjust each July 1 by 3.5%.
Direct Expenses
Standard charges for common direct expenses are as follows:
Automobile Travel Prevailing IRS mileage rate
Airfare and Public Transit Actual Cost
Postage, overnight mail, couriers, and other out-of-pocket costs Actual cost City of Orange Scope of Work and Fee Estimate to Provide Solid Waste Consultant Services
May 6, 2024 Page 7 HF&H Consultants, LLC
Table 1: Estimated Workplan for City of Orange*
Sr. Vice
President
Sr. Project
Manager
Sr.
Associate Assistant Total Hours
1. SB 1383 Gap Analysis & Implementation Record Review
Task 1 Hours 8 20 46 58 132 Task 1 Fees 2,880$ 6,080$ 11,132$ 9,860$ 29,952$
2. Task 2 Hours 4 10 18 34 66 Task 2 Fees 1,440$ 3,040$ 4,356$ 5,780$ 14,616$
3. Task 3 Hours 4 10 38 96 148 Task 3 Fees 1,440$ 3,040$ 9,196$ 16,320$ 29,996$
4. Task 4 Hours 2 16 22 24 64 Task 4 Fees 720$ 4,864$ 5,324$ 4,080$ 14,988$ Total Hours 18 56 124 212 410 Hourly Rate 360$ 304$ 242$ 170$ Subtotal 6,480$ 17,024$ 30,008$ 36,040$ 89,552$ Expenses 448$
Total Fees and Expenses 90,000$
* Hours may be shifted among tasks
Task Description
SB 1383 Self-Haul Program Development
SB 1383 Self-Haul Program Implementation and Monitoring On-Call Support