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Home My Public Portal AboutA 2013-09-11CC-SPThis Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603 -0220, ext. 200. Procedures for Addressing the Council IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO ADDRESS THE COUNCIL FILL OUT A FORM PROVIDED AT THE DOOR, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL. AGENDA ITEMS ON FILE FOR CONSIDERATION AT THE SPECIAL MEETING OF THE LYNWOOD CITY COUNCIL TO BE HELD ON SEPTEMBER 11, 2013 COUNCIL CHAMBERS 11330 BULLIS ROAD, LYNWOOD, CA 90262 6:00 P.M. SALVADOR ALATORRE MAYOR RAMON RODRIGUEZ MAYOR PRO -TEM JIM MORTON COUNCILMEMBER INTERIM CITY MANAGER RICHARD N. WARNE CITY CLERK MARIA QUINONEZ OPENING CEREMONIES CALL TO ORDER CITY ATTORNEY FRED GALANTE CITY TREASURER EDWIN HERNANDEZ 2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK 3. ROLL CALL OF COUNCIL MEMBERS Aide Castro Jim Morton Maria T. Santillan -Beas Ramon Rodriguez Salvador Alatorre PLEDGE OF ALLEGIANCE io " (/ 10 6'4 v RECEIVED SEP 1 0 2013 CITY OF LYNWOOD CITY CLERKS OFFICE &+�C 3 AIDE CASTRO COUNCILMEMBER MARIA TERESA SANTILLAN -BEAS COUNCILMEMBER INVOCATION COUNCIL RECESS TO: • CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Council or staff request specific items to be removed from the Consent Calendar for separate action. MINUTES OF PREVIOUS MEETINGS: Regular Meeting — March 19, 2013 8. AGREEMENT BETWEEN THE CITY OF LYNWOOD AND HF &H CONSULTANTS, LLC, TO PROVIDE SOLID WASTE CONTRACT MANAGEMENT SERVICES FOR THE CITY OF LYNWOOD Comments On September 3, 2013, the Lynwood City Council voted to authorize the Mayor to sign an exclusive solid waste handling franchise agreement (Agreement) with Waste Resources, Inc. (WRI) for the collection, transportation, and disposal of solid waste generated or accumulated within the City with certain exclusions described in Section 3.2 of the Agreement. The Agreement commences November 1, 2013 for an approximate term of seven years ending June 30, 2020. (CM) Recommendation: Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD WAIVING THE FORMAL BIDDING REQUIREMENTS AND APPROVING A TWO -YEAR CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF LYNWOOD AND HF &H CONSULTANTS, LLC TO PROVIDE SOLID WASTE CONTRACT MANAGEMENT SERVICES FOR THE CITY OF LYNWOOD AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ". NEW /OLD BUSINESS 9. LYNWOOD FIXED ROUTE TRANSPORTATION SERVICES Comments: The Request for Proposals (RFP) for the Fixed Route Services was released on June 13, 2013 and five proposals were received by the City Clerk's Office on July 25, 2013. At the August 20, 2013, meeting, City Council requested to interview all of the proponents who had submitted an RFP. (PW) Recommendation: Staff recommends that the City Council interview the proponents and make a selection. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION SALVADOR ALATORRE, MAYOR RAMON RODRIGUEZ, MAYOR PRO -TEM AIDE CASTRO, COUNCILMEMBER JIM MORTON, COUNCILMEMBER MARIA T. SANTILLAN -BEAS, COUNCILMEMBER ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON SEPTEMBER 17, 2013 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL, 11330 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA. AGENDA . REPORT 3 n p t .Lu.3'.niq DATE: September 11, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Richard Warne, Interim City Manager PREPARED BY: Maria Quinonez, City Clerk Alicia Duarte, Executive Assistan to the City Clerk SUBJECT: Lynwood City Council Minutes Recommendation: Staff recommends the Lynwood City Council approve the following minutes: • Regular Meeting — March 19, 2013 Background: N/A Discussion & Analysis: N/A Fiscal Impact: N/A Coordinated With: N/A ITEM LYNWOOD CITY COUNCIL REGULAR MEETING March 19, 2013 Item #1. CALL TO ORDER The City Council of the City of Lynwood met in a regular meeting in the Council Chambers, 11330 Bullis Road, Lynwood, CA on the above date at 6:07 p.m. Mayor Alatorre presiding. Item #2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK City Clerk Quinonez announced that the Agenda had been duly posted in accordance with the Brown Act. Item #3. ROLL CALL PRESENT: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON, RODRIGUEZ AND ALATORRE ABSENT: NONE Staff present: City Manager Haley, City Attorney Galante, City Clerk Quinonez and City Treasurer Hernandez. Item #4. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Sheriff's Explorers Color Guard Item #5. INVOCATION The Invocation was given by Reverend Robert Robinson. Mayor Alatorre requested a protocol to require that the City Manager review all video or other ad hoc presentations in advance of any Council meeting. He further stated that city equipment shall not be used for presentations not approved by the City Manager. Council Member Castro stated that the protocol described by Mayor Alatorre is the current protocol. Mayor Alatorre stated that if the protocol he described is not exactly the same as the current protocol in place, then the item can be brought back to the Council for further consideration. Item #6. PRESENTATIONS /PROCLAMATIONS • Block Watch Captain Recognition A PowerPoint Presentation, courtesy of Councilmember Alatorre, was displayed featuring pictures of the Block Watch Captains and their efforts. The Council honored the work of the following Block Watch Captains: Sandra McCloud, Bill Younger, and Ethel Pacheco. • Senator Ricardo Lara certificates in Honor of Gospel Brunch Event Julia Juarez, representing Senator Ricardo Lara, thanked the City for their support of the successful Gospel Brunch event. She publicly thanked and acknowledged the following community members with certificates of recognition: 1) Sponsors: Lynwood Rotary Club, Union Bank, State Farm, Padd Security Service, Caribone Electric, Central Basin Water District — Director Leticia Vasquez, Republic Services, Southern California Edison Credit Union, and Lynwood Bingo Club; 2) Volunteers: Edwin Hernandez, Lorene Reed, Block Watch - Antonio Munguia, Iris Pygatt — Rotary, Rozie Carillo, Natalia Medina and Jamel Goodloe. • Fair Housing Month Proclamation Accepted by Deputy Director of Community Development, Annette Potts. • Safety Seat Checkup Week (March 31- April 6) Proclamation Accepted by Sheriff Deputies Parr and Ulloa • Sheriff Captain Joseph M. Gooden — Update on Law Enforcement Issues The Sheriff's Department provided a report as follows: Part 1 crime was down by 55% and provided an overview of the downturn in crimes in the area, A 3 -car traffic collision on Imperial and Atlantic resulted in all parties being fined as well as the driver being cited as under the influence of "nitrous oxide, " the "Every 15 minutes" program will be upcoming, a shooting was reported on March 16 and the suspect is in custody, the Traffic Services Division completed a "saturation" patrol where 26 vehicles were impounded, on March 22 there will be a DUI checkpoint on Long Beach Boulevard, Captain Gooden will host coffee at Starbucks which will be open to all residents, and reported on the "999" program for kids. • City Council Members Reporting on Meetings Attended (Gov. Code Section 53232.3(D)) Councilmember Castro reported as follows: She and Councilmember Morton attended the Region 16 Democratic meeting to discuss upcoming state convention which will be held April 12 — 14, and at which they both will be delegates. Councilmember Morton reported as follows: He attended the Karate Tournament the High School and a young man from Lynwood won the tournament. Mayor Alatorre reported as follows: He attended the Los Angeles County Sanitation Districts Board meeting on March 2 at which the Clean Water and Clean Beaches Measure was discussed. The measure will proposed a $52 tax on all households, however the Board of Supervisors have put this item on hold for the time being. The Mayor suggested that interested residents should speak with Supervisor Ridley - Thomas to express their concerns regarding the implementation of new taxes. Councilmember Castro reported as follows: She noted the Lynwood Lade Knights Basketball Team will be traveling to the State Championship and noted various fundraisers to be held for the event in support of the team. She also expressed a desire to see the Council recognize the team for their efforts. Item #7. COUNCIL RECESS TO: CITY OF LYNWOOD AS THE SUCCESSOR AGENCY TO THE LYNWOOD REDEVELOPMENT AGENCY 6:55 p.m. The Council meeting reconvened. PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) Greg Nordback, Government Affairs Manager representing Republic Services, expressed concerns with Item 16 on tonight's agenda, remarking that that his company was under the impression that the recently formed subcommittee would work with Republic prior to this item coming before the Council. He stated Republic's commitment and involvement in the community and his support of the City's Blockwatch program. He requested that the City would continue Item 16 in order to consider the extension of Republic's contract with the City. He further stated that he was authorized to waive the 2 -3% increase provided for in their contract. Irene Garcia spoke regarding various items on the agenda. In regard to Item 12, she expressed concerns that the change orders appeared to have increased the original quote by $62,000. In regard to Item 15, she expressed concerns regarding limited parking in the area. In regard to Item 19, she expressed concerns regarding potential increased taxes. PUBLIC ORAL COMMUNICATIONS Irene Garcia expressed concerns with the posting date of the official City Council agenda and requested that it be ready the Thursday prior to the meeting. Harry Gibbens spoke regarding a newspaper article from 1972 regarding housing. He referenced a letter written to Housing and Urban Development (HUD) regarding maintenance of homes in the community and was unclear as to whether HUD had responded. He requested the Council read the presented article and expressed concerns with any increase in taxes. Councilmember Castro read a letter into the record from Norma Rodriguez and Juan Hernandez, 12106 Thorson Avenue, regarding their submitted citizen's petition (131 signatures) from residents living in the vicinity of Thorson, Agnes, Livinia to Atlantic. She expressed their concerns regarding traffic impacts surrounding Mark Twain elementary school and their requests for speed humps and other traffic mitigating measures. Councilmember Santillan -Bess announced she met with residents along with staff member Kekula and requested a "green memo" report from the City Manager in order to be able to respond to the residents. CONSENT CALENDAR Councilmember Santillan -Beas requested to pull Item 16 from the Consent Calendar Mayor Alatorre requested to pull Items 9, 11 and 15 from the Consent Calendar. Mayor Pro Tern Rodriguez requested to pull Item 12 from the Consent Calendar. It was moved by Morton, seconded by Santillan -Beas to approve Consent Calendar Items No. 8, 10, 13, 14, and 17 and receive and file staff reports. AYES: COUNCIL MEMBERS CASTRO, SANTILLAN-BEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #8. APPROVAL OF THE WARRANT REGISTER RESOLUTION NO. 2013.037 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS THEREFORE Item #9. Mayor Alatorre pulled Item #9 - CAL -CARD PURCHASE SUMMARY — NOVEMBER 2012 THROUGH JANUARY 2013 BILLING STATEMENTS This item was pulled for separate consideration by Mayor Alatorre. Mayor Alatorre inquired into various purchases made with the City's Cal -Card Staff member Lopez reported that the Los Angeles Times purchase was directed toward three City -owned iPad's which use the newspaper to facilitate City business. Mr. Lopez further reported that the restaurant expenditures at La Huesteca were related to interview panels run by the City and that traditionally outside panelists are taken to lunch as a courtesy for their participation. It was moved by Castro, seconded by Alatorre to receive and file the report. AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #10. CITY'S RESOLUTION OF FORMAL SUPPORT FOR ASSEMBLY BILL 981 (BLOOM) — USE OF 2011 BOND PROCEEDS POST DISSOLUTION OF REDEVELOPMENT AGENCIES RESOLUTION NO. 2013.038 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD PROCLAIMING FORMAL SUPPORT OF ASSEMBLY BILL (AB) 981 (BLOOM) RELATED TO THE USE OF REDEVELOPMENT BOND PROCEEDS Item #11. Mayor Alatorre pulled Item #11 - CATCH BASIN TRASH EXCLUDER MAINTENANCE AGREEMENT WITH LOS ANGELES COUNTY FLOOD CONTROL DISTRICT This item was pulled for separate consideration by Mayor Alatorre. In response to an inquiry from Mayor Alatorre, staff member Kekula confirmed that the City contracts with a service to clean the catch basins and that supplementary cleanings are done by City work crews. He stated that Los Angeles County compensates the City for cleaning their basins. In response to an inquiry from Councilmember Castro, staff member Kekula reported that the City "piggy- backed" on a Request for Proposals (RFP) process administered by the Council of Governments. Councilmember Castro requested a report in the "green memo" regarding price comparisons for the service. It was moved by Council Member Castro, seconded by Mayor Alatorre to approve the agreement. AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSTAIN: NONE ABSENT: NONE RESOLUTION NO. 2013.039 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD TO ENTER INTO AN AGREEMENT; (OPTION 2) WITH LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR CATCH BASIN TRASH EXCLUDER MAINTENANCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT Item #12. Mayor Pro Tem Rodriguez pulled Item #12 - PROJECT ACCEPTANCE SLURRY SEAL IMPROVEMENTS AT VARIOUS LOCATIONS PROJECT, PROJECT NO. 4011.67.906 RESOLUTION NO. 2013.040 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING CONTRACT CHANGE ORDER NO. 1 AND ACCEPTING THE SLURRY SEAL IMPROVEMENT AT VARIOUS LOCATIONS PROJECT, PROJECT NO. 4011.67.906, AS BEING COMPLETE, AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS TO PROCESS THE RECORDATION OF THE NOTICE OF COMPLETION, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE THE NECESSARY FUNDS TRANSFER AND APPROPRIATION This item was pulled for separate consideration by Mayor Pro Tern Rodriguez. In response to an inquiry from Mayor Pro Tern Rodriguez, staff member Kekula reported that there was a contingency included when the contract was initially approved. As a result of the cost savings with the initial contract, the City was able to complete additional work with the contingency funds. It was moved by Rodriguez, seconded by Castro to accept the project for slurry seal improvements and adopt the resolution. AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #13. NATATORIUM POOL PUMP AND TIMER REPLACEMENT RESOLUTION NO. 2013.041 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE APPROPRIATION OF NOT TO EXCEED $10,000 FROM THE CONTINGENCY FUND (FUND 1051) FOR THE EMERGENCY REPLACEMENT OF AN EXISTING POOL PUMP AND TIMER AT THE NATATORIUM Item #14. APPROVAL OF FIFTH AMENDMENT TO AGREEMENT FOR LEASE AND DEVELOPMENT FEES WITH BULLETIN DISPLAYS, LLC RESOLUTION NO. 2013.042 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING THE FIFTH AMENDMENT TO THE AGREEMENT FOR LEASE AND DEVELOPMENT FEES WITH BULLETIN DISPLAYS, LLC Item #15. Mayor Alatorre pulled Item #15 - SECOND READING OF ORDINANCE — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ZONE CHANGE NO. 2012 -02 TO REZONE THE PROPERTIES LOCATED AT 3101 IMPERIAL HIGHWAY (APN: 6170- 038 -005), 3123 -3125 IMPERIAL HIGHWAY (APN: 6170 -038- 006,007,035) AND 11150 STATE STREET (APN: 6170 - 038 -004) FROM HEAVY COMMERCIAL (C -3) TO CONTROLLED BUSINESS (CB -1) IN CONJUNCTION WITH THE PROPOSAL TO OPERATE A BAIL BOND BUSINESS AT 3101 IMPERIAL HIGHWAY, SUITE A IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA ORDINANCE NO. 1657 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ZONE CHANGE NO. 2012 -02 TO REZONE THE PROPERTIES LOCATED AT 3101 IMPERIAL HIGHWAY (APN: 6170 - 038 -005), 3123 -3125 IMPERIAL HIGHWAY (APN: 6170 - 038 - 006,007,035) AND 11150 STATE STREET (APN: 6170 - 038 -004) FROM HEAVY COMMERCIAL (C -3) TO CONTROLLED BUSINESS (CB -1) IN CONJUNCTION WITH THE PROPOSAL TO OPERATE A BAIL BOND BUSINESS AT 3101 IMPERIAL HIGHWAY, SUITE A IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES. STATE OF CALIFORNIA This item was pulled for separate consideration by Mayor Alatorre. Mayor Alatorre wished to acknowledge his "no" vote for the record. It was moved by Council Member Castro, seconded by Council Member Santillan -Beas to accept the project for slurry seal improvements and adopt the resolution. AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON, AND ALATORRE NOES: RODRIGUEZ ABSTAIN: NONE ABSENT: NONE Item #16. Council Member Santillan -Beas pullted Item #16 - AUTHORIZATION TO PREPARE A REQUEST FOR PROPOSALS FOR WASTE HAULING SERVICES RESOLUTION NO. 2013.043 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AUTHORIZING STAFF TO PREPARE A REQUEST FOR PROPOSALS FOR WASTE HAULING SERVICES This item was pulled for separate consideration by Councilmember Santillan -Beas. In response to an inquiry from Councilmember Santillan -Beas, City Manager Haley report that the Request for Proposals (RFP) process for this type of project typically will take ten to eighteen months to complete. Councilmember Castro expressed concerns with expediting the process and requested that Councilmembers have an opportunity to gather relevant information. She suggested ninety (90) days to prepare a thorough RFP and to allow the RFP ad hoc committee to make recommendations. She also requested to review the RFP's issued by the Cities of Rosemead, Norwalk and Inglewood and made a motion to this effect. Mayor Alatorre submitted his proposed changes in writing to the City Clerk and suggested those he would like to be involved in the process. Councilmember Castro amended her motion to include a ninety (90) day RFP process to including the City Attorney, City staff members, the RFP ad hoc committee, and any members the RFP ad hoc committee would like to include. It was moved by Castro, seconded by Alatorre, and carried (5 — 0) to direct staff to complete a ninety (90) day RFP process to including the City Attorney, City staff members, the RFP ad hoc committee, and any members the RFP ad hoc committee would like to include, and to revise the resolution as required. AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #17. FIRST AMENDMENT TO THE DIRECTOR OF COMMUNITY DEVELOPMENT'S EMPLOYMENT AGREEMENT This item passed unanimously pursuant to the Consent Calendar vote. NEW /OLD BUSINESS Item #18. REQUEST FOR CITY SUPPORT FOR CINCO DE MAYO EVENT AT THE LYNWOOD CIVIC CENTER A staff report was given by Jose Trejo, Deputy Director of Recreation and Community Services. Discussion and deliberation among the Council and staff ensued. There were inquiries relative to what the City's obligations would be and what the vendor would provide. Councilmember Castro suggested tabling the item until the event planners could provide additional clarifying information with sufficient detail to staff for review. Councilmember Santillan -Beas stated for the record that she is against providing support for a Cinco de Mayo event if the City is not supporting a Fourth of July celebration. By unanimous consensus (5 — 0), the City Council directed staff to work with the event planner to provide sufficient detail as to the proposed event and return at a future date with a full report to the City Council. AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #19. REQUEST FOR SUPPORT — SENATE BILL 135 EARTHQUAKE EARLY WARNING SYSTEM RESOLUTION NO. 2013.044 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD SUPPORTING SENATE BILL 135 - EARTHQUAKE EARLY WARNING SYSTEM It was moved by Council Member Castro, seconded by Council Member Morton to approve the request for support and adopt the resolution. AYES: COUNCIL MEMBERS CASTRO, SANTILLAWBEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #20. WOMEN'S HISTORY MONTH RECOGNITION DINNER CEREMONY A staff report was given by Deputy Director of Parks and Recreation Jose Trejo. It was moved by Council Member Castro, seconded by Council Member Santillan -Beas to approve the request. AYES: COUNCIL MEMBERS CASTRO, SANTILLAWBEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #21. EXPANDED BUSINESS LICENSE DIVISION PROGRESS REPORT A staff report was given by City Manager Haley. He requested that the item be tabled until the next Regular Meeting in order to allow the City Clerk to provide a more accurate report. It was moved by Council Member Castro, seconded by Council Member Rodriguez to table this item to the next regular meeting. AYES: COUNCIL MEMBERS CASTRO, SANTILLAWBEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSTAIN: NONE ABSENT: NONE CITY COUNCIL ORAL AND WRITTEN COMMUNICATION Councilmember Castro expressed her appreciation to Councilmember Santillan -Beas for meeting with the residents submitting the community petition and spoke regarding the need for traffic mitigating measures in the area around Mark Twain elementary school. She requested an update regarding the Amcal Apartment Units and how many of the units were rented to actual Lynwood residents or employees. Ms. Castro further expressed concerns regarding the "chain of command" regarding the Business License Division and requested a report that would address the CEO's supervision of the Business License Officers. Councilmember Santillan -Beas announced that she attended Senator Ricardo Lara's swearing in ceremony in the City of Signal Hill. Councilmember Morton thanked the residents for attending tonight's meeting. He also requested that the City follow the practice of sending long- standing contracts out to bid at the appropriate intervals. He noted that the responsibility of the Council is to make sure to get the best rates for the residents and expressed concerns that the current rates may be too high. Mayor Pro Tern Rodriguez expressed concerns with the increased amount of dumping large items he is currently seeing in the community. He noted that the City should make efforts to pick up these items as quickly as possible. Councilmember Santillan -Beas inquired as to the status of the lights underneath the 105 freeway underpass, as that may be why people are dumping in that area. Ms. Santillan - Beas inquired whether the City can change the lights. Councilmember Castro commented on the status of the fishing boat. Mayor Pro Tern Rodriguez commented that there is graffiti in the area near the fishing boat. Mayor Alatorre thanked the residents for attending the meeting. He expressed concerns regarding graffiti, the bulky items being dumped in the City, and whether the City's current waste haulers were performing as to their contract. He also spoke regarding the need to keep up with residential properties to maintain the City. Mr. Alatorre noted that he attended the swearing -in ceremony for Senator Lara and commented that Senator Lara expressed interest in working in partnership with the City. CLOSED SESSION City Attorney Fred Galante announced that the Council would recess to discuss two closed session items on the City Council agenda. The Council recessed to closed session at 8:06 p.m. The City Council reconvened at 8:41 p.m. City Attorney Fred Galante stated that the Council met in closed session and with respect to the following matters: Item #25. CLOSED SESSION ITEMS A. With respect to every item of business to be discussed in closed session pursuant to Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9) Name of Case: Water Replenishment District of Southern California v, All Persons Interested, Etc., LASC Case No. BC464772, And Related Litigation The City Council was provided an update on the case, and pursuant to a motion by Council Member Morton, seconded by Council Member Santillan -Beas the Council authorized the City Attorney to file an action to intervene in the Central Basin Water District's challenge of the replenishment assessment imposed by the Water Replenishment District. ADJOURNMENT Having no further discussion, it was moved by Council Member Morton, seconded by Mayor Pro Tern Rodriguez, and carried to adjourn the regular Lynwood City Council meeting at 8:41 p.m. Salvador Alatorre, Mayor Maria Quinonez, City Clerk IF04 Op LYHy, �44��Od AGENDA STAFF REPORT �t DATE: September 11, 2013 TO: Honorable Mayor and Members of the City Council nn,, APPROVED BY: Richard N. Warne, Interim City Manager d� PREPARED BY: Richard N. Warne, Interim City Manager 11 SUBJECT: Agreement Between the City of Lynwood and HF &H Consultants, LLC, to Provide Solid Waste Contract Management Services for the City of Lynwood. Recommendation: Staff recommends that the City Council adopt the attached resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD WAIVING THE FORMAL BIDDING REQUIREMENTS AND APPROVING A TWO -YEAR CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF LYNWOOD AND HF &H CONSULTANTS, LLC TO PROVIDE SOLID WASTE CONTRACT MANAGEMENT SERVICES FOR THE CITY OF LYNWOOD AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT'. Background: On September 3, 2013, the Lynwood City Council voted to authorize the Mayor to sign an exclusive solid waste handling franchise agreement (Agreement) with Waste Resources, Inc. (WRI) for the collection, transportation, and disposal of solid waste generated or accumulated within the City with certain exclusions described in Section 3.2 of the Agreement. The Agreement commences November 1, 2013 for an approximate term of seven years ending June 30, 2020. As part of this Agreement, the City is transitioning to a new solid waste collector, and transitioning from a residential 3 -cart source - separated collection system (refuse, recycling and green waste) to a 2 -cart collection system. Under the new 2 -cart system, each customer will receive one 96- gallon cart designated for the collection of mixed solid waste and recyclable materials which will be processed at a material recovery facility, and one 96- gallon cart designated for green waste materials. ITEM Discussion & Analysis: The City and Contractor will need to undertake numerous tasks in order to ensure a smooth transition to a new solid waste contractor and to a new collection system. HF &H has assisted cities through this process to minimize disruption to customers and to ensure that all contract provisions are properly implemented in a timely manner consistent with the Agreement approved by the City Council. As part of this agreement, HF &H will (1) develop and implement a detailed transition calendar, (2) review and recommend revision (if necessary) public outreach materials and (3) review the format of monthly, quarterly and annual reports to ensure proper reporting of information required by the Agreement with WRI. (Please see attached Scope of Work.) In addition to ensuring a smooth transition, HF &H will also provide ongoing contract compliance oversight. The new Agreement includes reporting, rate adjustment, fee payments, public education and additional solid waste collection and recycling service requirements. HF &H will develop and implement a contractor compliance matrix, review contractor reports, assess program issues and concerns, facilitate meetings with the City, contractor and stakeholders and review franchise and administrative fees paid to the City for accuracy and consistency with Agreement requirements. (Please see attached Scope of Work.) The term of this agreement will commence on September 11, 2013 for a term of two years ending September 10, 2015. The term may be extended for one additional year at the City's option, to September 10, 2016, upon notification by the City Manager before expiration of the term. HF &H is well qualified to handle the transition and oversight of the City's solid waste franchise agreement. They are a consulting firm that specializes in the areas of recycling and solid waste and water /wastewater management services. For more than 23 years, they have provided leadership, expertise, independence, and support to nearly 400 municipal agencies. In light of the expedited schedule to have the waste service provider, it is necessary to retain the services of a waste consultant such as HF &H to provide the necessary transition services as soon as possible. Such schedule did not lend itself to proceeding with an RFP /Q process. Additionally, HF &H is available and has represented that it has the resources available to commence the needed services right away. As such, the Council has the option to dispense with the formal bidding process to consider retaining HF &H insofar as it may be more economical and efficient than going through an RFP process that will potentially delay the transition services with the new waste hauler. Fiscal Impact: Section 11.2 of the City's agreement with WRI contains a provision for an Administrative Cost Reimbursement to the City of $50,000 the first year, and an increased payment in subsequent years based on the change in the Consumer Price Index. The fee is due to the city each July 1. Assuming a 3% CPI adjustment, the budget for the second year would be $51,500. The total two -year budget would be $101,500. Transition costs for the first year will likely result in a larger total costs during the first year, and billings may be carried over to the second year so long as the total cost does not exceed the budgeted two -year total cost. Coordinated With: Public Works City Attorney Special Counsel Attachments: Resolution Agreement HF &H Contract Management Statement of Qualifications RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD WAIVING THE FORMAL BIDDING REQUIREMENTS AND APPROVING A TWO -YEAR CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF LYNWOOD AND HF &H CONSULTANTS, LLC TO PROVIDE SOLID WASTE CONTRACT MANAGEMENT SERVICES FOR THE CITY OF LYNWOOD, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ". WHEREAS, the Lynwood City Council voted on September 3, 2013, to authorize the Mayor to sign an exclusive solid waste franchise agreement (Franchise Agreement) with Waste Resources, Inc. (WRI); and WHEREAS, the City is transitioning to a new solid waste collection contractor and a new two -cart solid waste collection system; and WHEREAS, the City and WRI will need to undertake numerous tasks in order to ensure a smooth transition to a new solid waste collection contractor and a new solid waste collection system; and WHEREAS, the new Franchise Agreement includes reporting, rate adjustment, fee payments, public education and additional solid waste collection and recycling service requirements; and WHEREAS, HF &H is well qualified to handle the transition and oversight of the City's solid waste services and Franchise Agreement; and WHEREAS, Section 11.2 of the Franchise Agreement requires WRI to pay $50,000 for an administrative cost reimbursement and in the first year and an increased payment in subsequent years based on the change in the Consumer Price Index (CPI); and WHEREAS, in light of the expedited schedule to have the waste service provider, it is necessary to retain the services of a waste consultant such as HF &H to provide the necessary transition services as soon as possible, which schedule did not lend itself to proceeding with an RFP /Q process; and WHEREAS, HF &H is available and has represented that it has the resources available to commence the needed services right away; and WHEREAS, administrative costs paid by WRI as part of the Franchise Agreement will cover the cost of HF &H CONSULTANTS, LLC's contract management services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1. In light of the expedited schedule to have the waste service provider, it is necessary to retain the services of a waste consultant such as HF &H to provide the necessary transition services as soon as possible. As such, the Council finds that it is necessary to dispense with the formal bidding process pursuant to Lynwood Municipal Code Subsection 6- 3.13.a.3 to retain HF &H insofar as it may be more economical and efficient than going through an RFP process that will potentially delay the transition services with the new waste hauler, which may in turn create higher costs and expenditures for the City. Section 2. That the City Council authorizes the Mayor to execute a two -year consulting services agreement, with the option to for the City to extend the Agreement for one additional year, with HF &H CONSULTANTS, LLC to provide solid waste contract management services to the City of Lynwood. Section 3. This resolution shall become effective immediately upon its adoption. Section 4. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of 2013. ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney Salvador Alatorre, Mayor APPROVED AS TO CONTENT: Richard N. Warne, Interim City Manager SOLID WASTE CONTRACT MANAGEMENT CONSULTING SERVICES AGREEMENT This agreement ( "Agreement ") is made as of September 10, 2013, by and between the City of Lynwood, a municipal corporation ( "City') and HF &H Consulting, LLC ( "Consultant "). City and Consultant are sometimes hereinafter individually referred to as a 'Party" and collectively referred to as the 'Parties." RECITALS WHEREAS, City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in the attached Exhibit A; and WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: Consultant's Services. A. Scope of Services The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A. B. Time of Performance Consultant shall complete the specific services according to the schedule of performance which is also set forth in Exhibit A. 2. Term of Agreement. This Agreement shall commence on September 11, 2013 (the "Commencement Date ") and shall terminate on September 10, 2015 (the "Termination Date'), unless sooner terminated pursuant to the provisions of this Agreement or the City exercises its option to extend the Agreement for one (1) additional year. On or before ninety (90) days prior to the Termination Date, Consultant and City shall meet to discuss this Agreement and its possible extension and or modification. In the event the Parties do not enter into a new agreement prior to the Termination Date, this Agreement shall continue on a month -to -month basis under the same terms for a period not to exceed three months following the Termination Date. If the Parties execute no new agreement by the end of the three -month period following the Termination Date, this Agreement shall terminate at the end of such three -month period. 3. Compensation. A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Payment will be made only after submission of proper monthly invoices in the form and manner specified by City. Each invoice shall include a breakdown of all monthly services performed together with the hours spent on each service. Consulting Services Agreement B. Total payment to Consultant pursuant to this Agreement shall not exceed fifty - thousand dollars ($50,000) for the first year. The payment shall be adjusted in the second year, and the third option year if extended, in accordance in an amount equal to the Consumer Price Index (CPI) as calculated in accordance with the City's Solid Waste Franchise Agreement. In the event that this Agreement continues beyond the Termination Date as specified in Section 2, the total additional payment to Consultant in the event no new agreement is signed shall not exceed the sum of four - thousand two hundred and ninety -two dollars ($4,292) for each month of the of extension or the appropriate prorated amounts if less than a full month of additional services is involved at any time, as adjusted by the CPI above. C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out -of -town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (i) appear on Consultant's monthly invoices; (ii) are accompanied by a copy of the City's written authorization for Consultant to incur such expenses; and (iii) receipts documenting such expenses. 4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control. 5. Addresses City City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Attn: City Manager Consultant HF &H Consultants, LLC 19200 Von Karman Ave. Suite 360 Irvine, California 92612 6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference. Exhibit A — Scope of Services and Time of Performance (four (4) pages) Exhibit B — General Terms and Conditions (seven (7) pages) N SIGNATURES ON FOLLOWING PAGE Consulting Services Agreement IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written below. CITY CITY OF LYNWOOD 0 Salvador Alatorre, Mayor Date CONSULTANT HF&H CONSULTANTS, LLC M Laith B. Ezzet, Senior Vice President Date ATTEST: By: Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney Consulting Services Agreement 3 EXHIBIT A SCOPE OF SERVICES AND TIME OF PERFORMANCE HF &H CONSULTANTS, LLC SCOPE OF WORK AND FEE ESTIMATE TO PROVIDE SOLID WASTE CONTRACT MANAGEMENT SERVICES TO THE CITY OF LYNWOOD Background On September 3, 2013, the City of Lynwood (City) awarded an exclusive solid waste handling agreement (Agreement) to Waste Resources, Inc. (WRI) for the collection, transportation, and disposal of all solid waste generated or accumulated within the City with certain exclusions described in Section 3.2 of the Agreement. The Agreement commences November 1, 2013 for an approximate term of seven years ending June 30, 2020. The City is transitioning to a new solid waste collector, and transitioning from a residential 3 -cart source- separated collection system (refuse, recycling and green waste) to a 2 -cart collection system. Under the new 2 -cart system, each customer will receive one 96- gallon cart designated for the collection of mixed solid waste and recyclable materials which will be processed at a material recovery facility, and one 64- gallon cart designated for green waste materials. Customers may select smaller 64 gallon or 35 gallon carts for mixed waste if they prefer, and receive up to two (2) such mixed waste carts at no additional cost. Unlimited additional 64 gallon green waste carts are to be provided at no cost upon request. Scope of Work Task 1: Transition Assistance The City and Contractor will need to undertake numerous tasks in order to ensure a smooth transition. HF &H has assisted cities through this process to minimize disruption to customers and to ensure programs are properly implemented in a timely manner. We will assist the City with the following services: Task 1A: Develop and Monitor Detailed Transition Calendar During the transition, it is critical that key tasks are completed by certain dates. Examples include obtaining equipment, change out of customer containers, public education, and community workshops. HF &H will meet with the Contractor and City staff to develop a detailed transition calendar. HF &H will monitor transition progress and compliance in meeting deadlines by meeting with the hauler and City staff on a periodic basis during the transition period. This task will also include interim telephone conversations between HF &H staff, the Contractor, and /or City staff. Consulting Services Agrcentmt Exhibit B A specific goal of this task will be to ensure compliance by the Contractor in submitting the required cart inventory set forth in Section 8.1.9 € of the Agreement. Task 1B: Review and Revision of Public Outreach Materials A successful transition will require thoughtful and accurate public education and outreach. Section 10.9 of the Agreement includes printed public education materials, presentations to the Chamber of Commerce, homeowners associations, contractors, and other civic groups, and a dedicated web site page for City- specific information. The Agreement includes new programs for single - family, multi - family, and commercial customers, including but not limited to, bulky -item collection for multi - family and commercial customers, and residential sharps collection. HF &H will review public education and outreach materials developed by the Contractor for accuracy and consistency with the provisions of the Agreement. Task 1C: Review Reporting Forms The City's Agreement requires the Contractor to submit monthly, quarterly, and annual reports. In order to ensure proper reporting of the information required in the Agreement, HF &H will review the hauler reporting forms for consistency with the Agreement requirements. Task 2: Ongoing Contract Management Assistance Task 2A: Develop Contractor Compliance Matrix The City's new Agreement includes reporting, rate adjustment, fee payment, public education, and additional service requirements. In order to ensure compliance with all contractual requirements, HF &H will develop a contractor compliance matrix which will be reviewed at each meeting with the Contractor and the City. Task 2B: Review of Hauler Report s HF &H will review the Contractor's monthly, quarterly, and annual reports submitted to the City to ensure that the information is consistent with the Agreement requirements. In addition, HF &H will perform trend analyses on tonnage data submitted by Contractor to the City and present our findings during regular meetings. These analyses allow real -time tracking of new solid waste programs by measuring the generation of different types of waste (such as refuse disposed, recyclables recovered and green waste diverted) over an extended period of time. HF &H will also review the franchise and administrative fees paid to the City on a monthly basis to ensure mathematical accuracy and consistency with Agreement requirements. Task 2C: Meetings with Hauler and City HF &H has developed strategies to ensure Contractor compliance, assess program issues /concerns, and expedite program data and information collection. We understand that City staff time is valuable, and these strategies have evolved over the course of our engagements in order to Consulting Services Agreement Exhibit B 2 maximize the effectiveness of our monthly or bi- monthly meetings, and to ensure efficient use of the City's, Contractor's, and HF &H's resources. The items contained in our meeting documents will include, but are not limited to: A review of current and proposed legislative and regulatory issues and the impact on the City; Trend analyses of residential and commercial disposal, recyclable material, and green waste tonnages in order to track progress and discern anomalies; and, A matrix of contractor responsibilities based on requirements contained in the solid waste agreement. Meeting documents will be forwarded to all stakeholders prior to the meeting in order to allow each participant adequate time to prepare for the meeting. We take the minutes of the meeting and, subsequently, distribute the meeting summary, which includes tasks discussed at the meeting, parties responsible for completing these tasks, and dates for which tasks are due. Term The term of this agreement will commence on September 11, 2013 for a term of two years ending September 10, 2015. The term may be extended for one additional year at the City's option, to September 10, 2016, upon notification by the City Manager before expiration of the term. Fees Section 11.2 of the City's agreement with WRI contains a provision for an Administrative Cost Reimbursement to the City of $50,000 the first year, and an increased payment in subsequent years based on the change in the Consumer Price Index. The fee is due to the city each July 1. Assuming a 3% CPI adjustment, the budget for the second year - would be $51,500. The total two -year budget would be $101,500. Transition costs for the first year will likely result in a larger total costs during the first year, and billings may be carried over to the second year so long as the total cost does not exceed the budgeted two -year total cost. We will bill the City once per month based on the number of hours worked multiplied by our hourly billing rates, plus expenses incurred. Payment is due within 30 days of invoicing. Hourly rates for our consultants are as follows: Position Hourly Rate* President /Senior Vice President $255 Vice President $235 Director /Sr. Project Manager $215 Project Manager $185 to $211 Senior Associate $145 to $165 Associate Analyst $125-$135 Assistant Analyst $105 Administrative Staff $80 Consulting Services Agreement Exhibit B 3 Intern Consultant $40 Expenses Mileage $0.555 per mile ** Document reproduction (black and white) $0.15 per page * ** Color document reproduction $0.75 cents per page * ** Outside document reproduction /couriers /postage Actual Public conveyances and parking Actual All other out -of- pocket expenses Actual 1. Subject to a CPI adjustment each January 1 beginning January 1, 2015 ** Or as adjusted by IRS allowance. * ** Over20 pages per run Consulting Services Agreement Exhibit B EXHIBIT B GENERAL TERMS AND CONDITIONS Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. 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. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 1. Standard of Performance. A. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his /her designee. The City Manager or his /her designee may from time to time assign additional or different tasks or services to Consultant, provided such tasks are within the scope of services described in Exhibit A. However, no additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A, or those so assigned in writing to Consultant by the City Manager or his /her designee. B. The shall, until further notice to Consultant, administer this Agreement and provide for immediate supervision of Consultant with respect to the services to be provided hereunder. Consulting Services Agreement Exhibit B 3. Indemnification. A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties. B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees ") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims "), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by the Consultant's performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractors, subconsultants or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City's sole negligence or willful acts or omissions. C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnitees as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to City. 4. Insurance. A. Without limiting Consultant's indemnification of Indemnitees pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below: (i) Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. (ii) Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than 1,000,000 per accident, combined single limit. If consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability Consulting Services Agreement Exhibit B 6 policy described in the preceding subsection. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. (iii) Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses.; (iv) Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability. C. All insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California with a Best's rating of no less than ANIL D. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to "Risk Manager," City of Lynwood, 11330 Bullis Road, Lynwood, California, 90262. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage. E. Consultant shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement ". F. The Consultant's insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of the Consultant's insurance and shall not contribute with it. G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. 5. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, Consulting Services Agreement Exhibit B 7 documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 6. Ownership of Work Product. All reports, documents or other written material developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Such material shall not be the subject of a copyright application by Consultant. 7. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant. Consultant's covenant under this section shall survive the termination of this Agreement. 8. Termination for Cause. Should Consultant fail to perform any of the obligations required of Consultant within the time and in the manner provided for under this Agreement within seven (7) days after receipt from City of a written notice of such default, or should Consultant violate any of the terms and conditions of the Agreement, City may terminate this Agreement with cause upon thirty (30) days' written notice to Consultant. - The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, City's obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, preserve the product of the services, and turn over to City the product of the services in accordance with written instruction of City. 9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 10. Financial Condition. Prior to entering into this Agreement, Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and. each year Consulting Services Agreement Exhibit B 8 thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 11. Non - Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 12. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 13. Performance Evaluation. For any Agreement in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 14. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section. 15. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder. Consulting Services Agreement Exhibit B 16. Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 21. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect. 22. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk. 23. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. Consulting Services Agreement Exhibit B 10 Contract Management Statement of Qualifications j � 042 fi H F., H HF &H Consultants, LLC This document is printed on 100% recycled, post- consumer content paper of Lynwood Table of Contents Contract Management Statement of Qualifications TABLE OF CONTENTS SECTION 1: FIRM INFORMATION .................................................. ..............................1 Introductionto HF &H ................................................................... ..............................1 FirmBackground .......................................................................... ..............................1 AdvisoryServices ....................................................................... ............................... 2 ProprietaryTools ......................................................................... ............................... 2 OurTeam .................................................................................... ............................... 2 One Company Providing Comprehensive Services .................... ............................... 3 LongTerm Success .................................................................... ............................... 3 Practices in Sustainability ........................................................... ............................... 4 StaffBiographies .......................................................................... ..............................5 SECTION 2: RELEVANT EXPERIENCE ......................................... .............................14 Relevant Project Descriptions ..................................................... .............................14 SECTION 3: REFERENCES ........................................................... .............................19 ClientReferences ....................................................................... .............................19 September 10, 2013 Page i HF &H Consultants, LLC This document is printed on 100% recycled, post- consumer content paper City of Lynwood Section 1: Firm Information Contract Management Statement of Qualifications SECTION 1: FIRM INFORMATION Introduction to HF &H HF &H's mission is to apply environmental, economic, and social principles to support each client's vision of a sustainable future. For nearly 24 years, from our offices in Northern and Southern California, we have provided leadership, expertise, independence, and support to more than 360 municipal agencies through more than 1,800 engagements, HF &H is proud to have participated in the enormous environmental strides achieved over the past two decades. During that time, we have provided consulting services on projects that have impacted over 50% of the state's population by diverting 36 million tons of recyclables from landfills, avoiding the emission of over 69 million metric tons of CO2 equivalents and creating more than 8,000 full -time green jobs. We've done all this while minimizing market risk to our clients and reducing the cost of providing these services to residents. Our commitment to future generations continues. We believe that the best way to contribute to a sustainable future is by "Managing Tomorrow's Resources Today." We approach each engagement with certain core values: • We serve our clients — exceptionally, with a desire for strong interpersonal relationships, a focus on each engagement's objectives, and with an understanding of each client's broader goals. • We relate to each other — warmly, supporting personal growth and professional development, with pride in the work we do and the accomplishments of our clients. • We operate the firm — with commitment to the environment, public service, and integrity. Firm Background Hilton Farnkopf & Hobson began performing consulting services in 1989. HF &H's three founding partners, Robert Hilton, John Farnkopf, and Scott Hobson worked together for several years for a "Big Six" accounting firm. At this "Big Six" firm, they developed their professional approach to management consulting that includes: • Focusing on client objectives and goals; • Agreeing with the clients on the work to be performed, the time, and the budget; • Staffing projects with a team of qualified consultants; • Documenting and performing effective quality control review of the work performed; and, • Communicating frequently with the client. September 10, 2013 Page 1 HF &H Consultants, LLC City of Lynwood Section 1: Firm Information Contract Management Statement of Qualifications In 1996, after five years with HF &H, Laith Ezzet, CIVIC, became the Senior Vice President in charge of our Southern California solid waste consulting practice. In 2008, Richard Simonson, CIVIC, became Vice President in our Northern California solid waste practice after seven years with the firm. In 2009, Marva Sheehan, CPA became Vice President in our Northern California solid waste practice. On August 2, 2006, we legally changed our name to HF &H Consultants, LLC. We highly value the contributions of our founders; however, we realize that the name HF &H Consultants better reflects our status, long -term vision, and capabilities. We have recruited and developed the best group of consultants in the industry - a complete team of experienced, nationally- certified professionals across multiple disciplines. Our team works hard to help our clients significantly reduce costs by applying proven management tools and creative solutions to their challenges and program goals. Advisory Services The work of sustainability requires management — and that is where we excel. We help lead each client in defining a vision of a sustainable environment; we develop long -range resource and financial plans for the achievement of that vision; we help procure, manage and price the services that contribute to the achievement of our client's vision; and we evaluate the performance of those services in order to improve their accomplishments. Our services include, but are not limited to: • RFP Development and Negotiations • Zero Waste and High Diversion Services • Recycling Planning • Performance Management • Economic and Cost -of- Service Studies • Public Outreach and Education • Contractor Selection and Management • Rate Structure and Fee Studies • Litigation Consulting • Regulatory Support • Recycling and Resource Management Proprietary Tools HF &H's knowledge of the industry is unrivaled. We have developed an extensive database of industry data from assessing current operations and evaluating proposals from most of the solid waste providers working in California. We were selected from among our competitors by CalRecycle (formerly the California Integrated Waste Management Board) to determine the cost of mandatory commercial recycling in California largely based on the information contained in this database. Our Team Our team is organized into two practices: solid waste management services and water /wastewater/ stormwater management services. Our staff includes Certified Public Accountants, Certified Management Consultants, Registered Professional Engineers, and a Member of the State Bar. Many of our team members possess advanced degrees, professional certifications, and have had a decade or more of government and /or industry experience prior to becoming consultants. They are September 10, 2013 Page 2 HF &H Consultants, LLC City of Lynwood Section 1: Firm Information Contract Management Statement of Qualifications leaders in such organizations as the California Resource Recovery Association, the Solid Waste Association of North America, the Southern California Waste Management Forum, and the Institute of Management Consultants. Expertise is more than technical proficiency; it includes a systematic knowledge of practices. HF &H's knowledge of industry practices and standards is available to our team members through electronic databases. These databases allow us to plan, evaluate, and negotiate contracts for services on behalf of our clients. HF &H is more than the sum of its individual members, their technical training, and our proprietary analytical tools. Each project includes a team of consultants using work processes that provide a consistent level of quality. Principals, managers, and staff members each play a role in preparing, reviewing, supervising, and carrying out detailed work plans and schedules, monitoring status, creating reports and analyses, drafting work products, and presenting results in a timely and cost - effective manner. One Company Providing Comprehensive Services While we have been engaged by clients throughout the United States, our focus is on California. With offices located in Irvine and Walnut Creek, we have an in -depth understanding of both state and regional conditions (laws, values, issues, resources, and service providers) in Northern, Central, and Southern California. Long Term Success HF &H has been in business for nearly 24 years. During that time we have consistently provided our clients the highest level of service. Through more than 1,800 engagements we have served more than 360 municipal agencies. Some important measures of our clients' satisfaction are: • The majority of our engagements are received through sole- source processes and result from prior experience with the client or strong referrals from past clients. • In any year, 70% of our clients have previously engaged us within the past two years. • In independent client satisfaction surveys spanning the past 13 years, more than 90% of respondents have said they would use HF &H again and would recommend us to other municipal agencies. • We have received numerous testimonials regarding the quality and effectiveness of our work September 10, 2013 Page 3 HF &H Consultants, LLC City of Lynwood Section 1: Firm Information Contract Management Statement of Qualifications Practices in Sustainability The principles of sustainability that we apply to our clients' projects, we apply to our own company as well. In 2009, HF &H planned for and met many goals to keep the company heading towards that ever - evolving goal. In January 2009, we were certified as a Bay Area Green Business by Contra Costa County. In 2012, HF &H became certified by the State of California as a Green Business. Since 1989, sustainability has been a core value at HF &H; therefore, we were honored to receive this certification as we began celebrating our 20th anniversary. Being a green business is a testament to our efforts to minimize our environmental footprint, and is at the heart of what we do. Additionally, HF &H drafted and implemented our environmentally preferable purchasing policy (EPP). A copy of our EPP can be viewed and downloaded via our website at http: / /www.hfh- consultants .com /greenbusiness.htmi During the move of our Walnut Creek office at the end of 2009, HF &H wanted to make sure that we minimized our footprint. As we began looking around at possible sites for our new office, one of the primary selection criteria was the sustainability of the facilities and maintenance practices of each building. The site we ultimately selected: Is located close to where we live; Allows numerous transportation options including BART and regional trails; and, Saves three or four dozen elevator trips per day (relative to our previous 9th floor office). As we began to plan the space we would occupy, we found that the biggest impact that we could make at the lowest cost was to reduce the amount of waste we created. To do this, we focused on minimizing the changes to existing space. The second most cost - effective strategy was to reuse what we could. The majority of the glass in the suite was reused, as were the cubicles, cabinet boxes, doors, door frames and hardware, ceiling tiles, sprinklers, communications wiring, fixtures, thermostats, and even the kitchen sink. For the surplus furniture we no longer needed, ireusehauling.com (a fellow Bay Area Green Business), provided a second life. The debris that resulted from the limited demolition in our new suite was sent for recycling as was all of the communications wiring that couldn't be reused. Any potentially hazardous materials were taken to our local hazardous waste facility for recycling. Instead of moving 20 years of paper files and paying for storage in the new space, we took the opportunity to convert our old paper file system to a completely paperless one, which significantly increases our efficiency and reduces the amount of paper we generate. In keeping resources out of the landfill, it's not only important to reuse and recycle, but it's also important to close the loop. For this move, HF &H selected 100% post consumer recycled content: conference room chairs, carpet tiles, and cabinetry. The adhesives used for the carpet and cabinets and the paint were all zero VOC to prevent off - gassing and to maintain healthy indoor air quality within the office. On top of what we've done, the building is energy star certified and uses water efficient features like low -flow toilets and low flow faucet aerators. HF &H is proud of the measures we have taken to make the world a more sustainable place for future generations. Our practices in sustainability translate into a process of constantly considering and reconsidering how we can improve - our values, our quality, our service offerings, and our operations. September 10, 2013 Page 4 HF &H Consultants, LLC City of Lynwood Section 1: Firm Information Contract Management Statement of Qualifications Staff Biographies LAITH EZZET, CIVIC ENGAGEMENT DIRECTOR Mr. Ezzet is a Certified Management Consultant and Senior Vice President of our Southern California solid waste consulting practice. Mr. Ezzet has over 25 years of experience as an economist and solid waste consultant and has assisted over 100 public agencies to plan, implement, and monitor their solid waste collection, recycling and disposal programs. During the course of these engagements, he has conducted more than 100 public workshops and public meetings for City Councils, Boards of Supervisors, and citizens' advisory groups. Mr. Ezzet is a past member of the Board of Directors of the California Resource Recovery Association and currently a Director of the Southern California Founding Chapter of the Solid Waste Association of North America. Procurement and Contract Negotiations Mr. Ezzet has managed numerous procurement engagements for solid waste services contracts, including RFP preparation, proposal evaluation, and negotiation support. Examples of clients for whom he has helped to obtain new solid waste services contracts include the cities of Beverly Hills, Bellflower, Cerritos, Dana Point, Diamond Bar, Hermosa Beach, Imperial Beach, Indian Wells, Inglewood, Lake Forest, Lawndale, Manhattan Beach, Mission Viejo, Orange, Palm Desert, Pico Rivera, Rancho Palos Verdes, Rancho Santa Margarita, Redondo Beach, Riverside, Santa Clarita, Tustin, West Hollywood, and others. He managed the procurement of a new solid waste system operator for San Bernardino County's landfills and transfer stations. He has negotiated solid waste agreements with a total value in excess of $1 billion. The competitive procurements managed by Mr. Ezzet have saved public agencies more than $200 million. He assisted the Orange County City Managers' Solid Waste Working Group negotiate 10 -year waste disposal agreements with the County of Orange. He authored a paper entitled "How Much Can You Save Through Competitive Proposals ?" that was presented at SWANA's Western Regional Symposium. Diversion Studies Mr. Ezzet has helped more than 20 public agencies to evaluate their recycling and waste diversion program requirements in order to comply with the State's waste diversion goals, and negotiated revised franchise agreement terms to enhance recycling and waste diversion programs offered in those communities. He has assisted cities develop waste and recycling tonnage reporting formats and related auditing requirements for both exclusive franchise agreements and non - exclusive service arrangements. He has managed MRF and transfer station studies for the cities of Beverly Hills, Glendale, Santa Monica and San Bernardino, and for the County of Riverside. He assisted the City of Los Angeles in evaluating the feasibility of achieving its 70% diversion plan. September 10, 2013 Page 5 HF &H Consultants, LLC of Lynwood Section 1: Firm Information Contract Management Statement of Qualifications Solid Waste Rate Studies and Audits Mr. Ezzet has provided expert solid waste advice to more than 70 cities and counties in the areas of rate analysis, cost of service studies, program planning and funding, and negotiation of solid waste rates. Examples of clients whom he has assisted with fee audits, performance audits, contract compliance audits, and solid waste rate analysis of both existing and proposed services, include the cities of Arcadia, Bellflower, Beverly Hills, Burbank, Chandler, Dana Point, Downey, Fullerton, Glendale, Hesperia, Indian Wells, Indio, Inglewood, La Palma, Laguna Beach, Laguna Niguel, Long Beach, Monterey Park, Orange, Palm Springs, Pasadena, Pomona, Redondo Beach, San Bernardino, San Clemente, San Juan Capistrano, Santa Clarita, Torrance, and others. During the course of these and other engagements, Mr. Ezzet has directed the auditing of financial and operating records at approximately 100 solid waste companies throughout Southern California. Surveys Mr. Ezzet is intimately familiar with solid waste rates and service arrangements in Southern California, having surveyed over 200 jurisdictions in the region. He directed a survey of solid waste rates and services in the 100 largest U.S. cities, the results of which were published in several industry journals. He completed a study, sponsored by the Solid Waste Association of North America, of solid waste services provided by the 100 largest municipal service providers of collection and disposal services in North America. DEBBIE MORRIS ENGAGE MANAGER Ms. Morris is a Manager and has specialized in consulting to government clients on solid waste issues for more than 20 years. Ms. Morris' experience includes assistance with diversion studies, zero waste planning, AB 939 and other legislative compliance, solid waste and diversion program implementation and monitoring, solid waste and recycling contract development and management, grant management and administration, greenhouse gas inventories, audit services, rate reviews, and construction and demolition debris ordinance preparation and monitoring. Ongoing Contract Management /Solid Waste Consulting Services Ms. Morris provides on -going contract management and solid waste consulting services to several cities in Southern California. The scope of work for these engagements includes profiling the City's solid waste franchise agreement /s and municipal code in order to ensure hauler compliance with all service, reporting, fee payment, rate structure, performance, and public education and outreach requirements. Ms. Morris meets with City staff and the haulers on a regular basis to review ongoing contractor compliance, monitor program diversion performance, assist in the development of effective public education and outreach campaigns, and provide expertise in new diversion program development. September 10, 2013 Page 6 HF &H Consultants, LLC City of Lynwood Section 1: Firm Information Contract Management Statement of Qualifications Additionally, the engagements include a review of the haulers' annual rate adjustments, and tonnage and fee payment audits. Solid Waste Management and Recycling Plans for Commercial Development Ms. Morris developed a solid waste management and recycling plan for large multi -use mall for a national commercial development company. The plan was designed to benefit both the commercial development and the community, and to comply with state - mandated diversion requirements. The plan included waste and recycling bin calculations in order to calculate adequate space allocations for bin enclosures and staging areas to maximize recycling. The plan also included: • Projected waste diversion percentages based on specific material types and material generation by tenant category; • Projected waste collection cost savings (by implementing a well designed recycling program, solid waste collection costs can be reduced by 40 %); and, • Recommendations for sustained diversion practices, such as tenant training and ongoing waste audits. High- Diversion /Zero Waste Planning Ms. Morris has managed various waste diversion feasibility studies to identify cost - effective programs to reach diversion goals. This work has included analyzing the effectiveness of existing diversion programs and identifying potential new programs needed to achieve higher diversion goals. Some studies have also included surveys of other cities in California to discover which types of diversion programs were most effective at reducing waste. Ms. Morris conducts research on the design of residential and commercial diversion programs to discover program characteristics that lead to the highest diversion percentages and lowest cost to ratepayers. Her expertise includes strategically incorporating programs which provide the most benefit based on a jurisdiction's demographics and waste stream characteristics. Ms. Morris is currently assisting in the development of Zero Waste Plans for two Southern California cities. This work includes the development of a waste characterization study, and a current /future high - diversion program assessment to determine the diversion and financial impact of program implementation to the City and the City's ratepayers. Used Oil Block Grant Administration and Program Implementation Ms. Morris has managed and administered Used Oil Block Grants for several Southern California jurisdictions. Through the administration and management of the Coachella Valley Association of Government's Used Oil Block Grant, Ms. Morris assisted in increasing used oil filters recycled by 157 %, and used oil recycled by 84% in a one year period. These increases were made possible by applying detailed demographic data obtained during prior year events to all public education and outreach September 10, 2013 Page 7 HF &H Consultants, LLC City of Lynwood Section 1: Firm Information Contract Management Statement of Qualifications efforts. In addition to the marked increase in oil and filters recycled, HF &H's management of this program reduced the grant dollars spent per filter recycled by 80 %. This success was made possible by Ms. Morris' efforts in researching and implementing community -based social marketing techniques to design advertising campaigns to increase public awareness and recycling of used oil and oil filters. Ms. Morris has coordinated, managed and staffed used oil filter exchange events for several cities. In preparation for these events, Ms. Morris coordinates all public education which includes flyers, event announcements on cable television, radio, websites, newspapers, and electronic billboards; prepares all conditional use permits and insurance requirements; manages the purchase of recycled- content promotional items; and coordinates the events with certified used oil collection centers. All data collected from the used oil filter exchange events is compared to baseline data gathered prior to program implementation to monitor the success of the program and ensure compliance with grant requirements. In assisting jurisdictions with Used Oil Block Grant administration, Ms. Morris gathers the information necessary to complete the applications and annual reports required by CalRecycle to ensure receipt of grant monies. This information includes used oil and filters collected at certified used oil collection centers, estimated and actual annual expenditures, evidence of recycled- content of promotional items, documentation of public education and outreach activities, and documentation of certified used oil collection center inspections. Solid Waste Audits Ms. Morris' audit experience has included assisting in the tabulation and verification of hauler fee payments and tonnage, and report preparation for the cities of Bellflower, Beverly Hills, Burbank, Lawndale, La Quinta, Pomona and Torrance, and the counties of Santa Barbara and Ventura. Ms. Morris verified customer rates and services in connection with a route audit of commercial bin customers for the City of Redondo Beach. Ms. Morris recently completed a contract performance audit for the City of Lawndale. For the past several years Ms. Morris has assisted the cities of Irvine and Lawndale with their annual hauler fee payment reviews. Duties include: coordinating with the cities and waste haulers, gathering hauler quarterly reporting data, and compiling and reviewing data for verification of the accuracy of fee payments. She also coordinated the cities' efforts to find and contact haulers operating within the city without a permit. Ms. Morris assisted the City of Lawndale in contacting unpermitted haulers and providing these haulers with the appropriate permit applications and quarterly reporting forms to assist in the recovery of unreported permit and AB 939 fees due the city. September 10, 2013 Page 8 HF &H Consultants, LLC City of Lynwood Section 1: Firm Information Contract Management Statement of Qualifications DARRELL BICE, CPA, DIRECTOR OF RECYCLING AND SOLID WASTE AUDIT SERVICES Darrell Bice is a Certified Public Accountant and Director of Solid Waste & Recycling Audits. Mr. Bice has 37 years of auditing and accounting experience, including experience in public accounting and in the solid waste industry. During his time in public accounting, he participated in and supervised the annual audits of a major public solid waste company. He served as an assistant corporate controller for five years and as a division controller two years in the solid waste industry for a major solid waste company. Mr. Bice is a current Director and former Chairman of the Southern California Waste Management Forum. As an assistant corporate controller for a public solid waste company, he reviewed the results of operations for ten California divisions, which included the analysis of financial statements and operating reports to evaluate the performance of the division, and reported to corporate management. While a division controller, Mr. Bice participated as a team member in the development of the cost of service and resulting pricing structures for proposals to several Southern California municipalities. As a solid waste consultant, during the past fifteen years, Mr. Bice has participated in rate reviews, cost of service studies, franchise /recycling fee audits and refuse vehicle impact studies for over 40 Southern California and Northern California municipalities and joint power authorities. Audit Services During the past 16 years, Mr. Bice has provided solid waste audit services to more than 40 cities, counties and governmental agencies in the areas of rate reviews and studies, cost of service studies, fee payment reviews, feasibility studies, vehicle impact studies, rate models and contract compliance audits. Examples of clients whom he has assisted with audit services include the cities of Anaheim, Arcadia, Bellflower, Beverly Hills, Burbank, Carlsbad, Cerritos, Chandler, Coachella /Indio Waste Transfer Station Authority, Cotati, Dana Point, Diamond Bar, Guadalupe, Healdsburg, Indian Wells, Indio, Irvine, La Habra, La Palma, La Quinta, La Verne, Lawndale, Long Beach, Millbrae, Monterey Park, Newport Beach, Orange, Palm Springs, Palo Alto, Pasadena, Poway, Redondo Beach, Rohnert Park, Santa Clarita, Torrance, Vernon and Whittier, the counties of Marin, Orange, Santa Barbara and Ventura, and the South Bayside Transfer Station Authority (now the South Bayside Waste Management Authority) and the franchisors of Marin Sanitary Service. Rate Reviews /Cost of Service /Rate Studies Mr. Bice managed rate reviews in the Northern California area for the cities of Millbrae, Palo Alto and Rohnert Park, the South Bayside Transfer Station Authority (now the South Bayside Waste Management Authority) and the franchisors of Marin Sanitary Service. Mr. Bice also performed solid waste cost of service and rate studies and financial modeling for a variety of cities in Southern California, including September 10, 2013 Page 9 HF &H Consultants, LLC City of Lynwood Section 1: Firm Information Contract Management Statement of Qualifications Anaheim, Beverly Hills, Carlsbad, Cerritos, Chandler, Downey, Hesperia, Indian Wells, La Habra, Long Beach, Palm Springs and Santa Clarita. Refuse Vehicle Impact Studies Mr. Bice has performed residential refuse vehicle impact studies for the cities of Bellflower, Diamond Bar, La Verne, Palm Springs, Palos Verdes Estates and Whittier. Annual residential refuse vehicle impact ranged from $110,000 to $355,000. LISA KEATING MANAGER Lisa Keating, a Project Manager with HF &H, has more than 20 years of financial and legal experience and is a member of the State Bar of California. Ms. Keating assists clients in negotiating and drafting contracts, conducting procurements of contracts in the areas of solid waste collection, recycling, solid waste facility development and operation, and street sweeping. She has developed financial models for the operation of county -wide disposal systems as well as individual landfills, and assisted cities in determining feasibility of, and contracting for, solid waste facilities. Lisa assists clients conducting solid waste rate studies and audits. She has helped clients to procure over 24 solid waste contracts worth over $950 million, resulting in savings of over $240 million. Ms. Keating has developed financial models for county -wide disposal Procurement and Contact Negotiation Lisa has assisted the cities of Bellflower, Beverly Hills, Compton, El Centro, Hermosa Beach, Inglewood, Lawndale, Manhattan Beach, Mission Viejo, Orange, Palm Desert, Pico Rivera, Rancho Palos Verdes, Redondo Beach, Riverside, Santa Clarita, Tustin, and Goodyear (Arizona), and the County of Orange through the procurement process for new solid waste collection and recycling agreements. She has drafted both Requests for Proposals and Requests for Bids, and the related agreements. She has reviewed hauler proposals for solid waste collection, recycling and disposal services. Ms. Keating assisted the cities of Anaheim, Cerritos, Dana Point, Diamond Bar, Inglewood, Palm Desert and Palmdale to re- negotiate their collection contacts, and is currently assisting the City of Paramount to negotiate a new agreement. She assisted the cities of Carlsbad, Dana Point, Garden Grove, Murrieta and Riverside with contract reviews to evaluate re- negotiation options. Ms. Keating reviewed and evaluated proposals for the development and use of a transfer station for the City of Palm Springs. Ms. Keating prepared the Request for Proposals and draft agreement for recycling services in the city of Lawndale. She prepared the City of Lancaster's solid waste RFP and draft agreement for street sweeping services, and assisted in the city in the review of proposals and negotiation of the new contract. Ms. Keating prepared the Request for Proposals for the County of San September 10, 2013 Page 10 HF &H Consultants, LLC systems. Section 1: Firm Information Contract Management Statement of Qualifications Bernardino's procurement of an operations contractor for its transfer station and landfill system, and developed a Request for Proposals and draft operations and maintenance agreement for operating a materials recovery facility for the City of Oxnard. Solid Waste Rate Studies and Audits Ms. Keating has assisted jurisdictions in the areas of rate analysis, cost of service studies, compliance audits, program planning and funding, negotiating solid waste rates, and hauler billing and fee payment reviews. Lisa has: • Performed tonnage, billing and fee payment audits for clients such as the cities of Burbank, Beverly Hills, Diamond Bar, La Palma, Orange and Palm Springs. • Assisted clients, including the cities of Cerritos, Dana Point, Diamond Bar, Inglewood, Palmdale and Rancho Santa Margarita, and the counties of Orange and San Bernardino, to negotiate collection and disposal rates. • Assisted clients, including the cities of Bellflower, Dana Point, El Centro, Inglewood, La Quinta, Lawndale and West Hollywood, in controlling increases to their solid waste rates by evaluating waste haulers' rate adjustment requests for accuracy and validity. • Performed compliance audits to assist cities, such as the cities of Dana Point, Redondo Beach and Inglewood, in determining and correcting their solid waste hauler's compliance with key contract terms. • Evaluated street sweeping funding options for the City of Long Beach. Diversion Services Ms. Keating assisted the County of San Bernardino to prepare their Countywide Integrated Waste Management Plan Five -Year Review Report. She assisted the City of Monterey Park with completing its new base year study. She developed and prepared ordinance language for commercial refuse and recycling collection services in the cities of Rancho Santa Margarita and Lawndale. She assisted the cities of Rancho Santa Margarita, Lawndale and La Quinta in reviewing construction and demolition debris diversion programs options and developing selected programs, including developing reporting forms and preparing related ordinance language. September 10, 2013 Page 11 HF &H Consultants, LLC Section 1: Firm Information Contract Management Statement of Qualifications APRIL HILARIO ASSOCIATE ANALYST April Hilario, Associate Analyst, provides solid waste consulting services to cities throughout Southern California, including clients such as the cities of Bellflower, Beverly Hills, Long Beach, Newport Beach, Hermosa Beach, Glendora, Inglewood, Irvine, La Quinta, Lawndale, Paramount, Pasadena, and Pico Rivera, and the County of San Bernardino. Ms. Hilario currently assists in managing solid waste franchise agreements, providing AB 939 compliance and diversion monitoring, audit services, rate reviews, program implementation services, and zero waste planning. Solid Waste Legislative Compliance Ms. Hilario has assisted the cities of Bell Gardens, La Quinta, and Irvine in preparing for the mandatory commercial recycling regulation included in Assembly Bill 341. She has assisted in collecting commercial and multi - family refuse and recycling service level data from the cities' haulers and calculating the current level of compliance. Ms. Hilario also ensures that the hauler fulfills the public education and contract requirements. Diversion Studies Ms. Hilario has assisted the cities of Bell Gardens, Lawndale, and La Quinta evaluate their recycling and waste diversion program requirements in order to comply with the State's waste diversion goals. She has assisted cities in developing waste and recycling tonnage reporting formats and related auditing requirements for both exclusive franchise agreements and non - exclusive service arrangements. Ms. Hilario has assisted the city of Bell Gardens and La Quinta in preparing for the Assembly Bill 341 Mandatory Commercial Recycling Regulation. She has assisted in collecting commercial and multi - family refuse and recycling service level data from the cities' haulers and calculating the current level of compliance. Contract Procurement Ms. Hilario has assisted in drafting the Requests for Proposals for the cities of Inglewood, Pico Rivera, and Hermosa Beach. Ms. Hilario assisted the County of San Bernardino with preparation of the cost proposal forms for the County's RFP for the operation of the county's solid waste transfer and disposal system. She has evaluated the proposals from multiple solid waste haulers for the cities of Inglewood, Hermosa Beach, and Pico Rivera. Ms. Hilario has provided jurisdictions with rate analysis, cost of service studies, hauler billing, waste hauler reference checks, and fee payment reviews. She has reviewed hauler proposals for solid waste collection, recycling and disposal services. September 10, 2013 Page 12 HF &H Consultants, LLC of Lynwood Section 1: Firm Information Contract Management Statement of Qualifications Franchise Management Ms. Hilario provides solid waste franchise management assistance for the cities of Lawndale, La Quinta, Inglewood, Irvine, and Bell Gardens. She attends monthly or quarterly meetings with city officials and the haulers to ensure that solid waste haulers remain in compliance with the approved contract. Ms. Hilario collects and analyzes solid waste hauler tonnage and franchise fee reports to verify that the correct franchise fees were paid. She also monitors hauler collected diversion levels, contamination, and scavenging issues. Ms. Hilario also writes recycling articles for the city newsletters for the cities of Lawndale, Bell Gardens, and La Quinta. She has assisted the cities of Bell Gardens, Lawndale, and La Quinta in the preparation of the AB 939 Mandatory Commercial Recycling requirements. Ms. Hilario assisted the City of Lawndale in organizing the Recycling Rewards Block Party. September 10, 2013 Page 13 HF &H Consultants, LLC City of Lynwood Section 2: Relevant Experience Contract Management Statement of Qualifications SECTION 2: RELEVANT EXPERIENCE Relevant Project Descriptions City of Bell Gardens Contract & Diversion Programs (2011- Present) Project Description The City of Bell Gardens residential sector is served under an exclusive franchise agreement. The City's commercial and multi- family sector is served by several haulers under non - exclusive competitive franchise agreements. The City of Bell Gardens retained HF &H monitor hauler contract compliance, assist with AB 939 and AB 341 compliance, and provide ongoing solid waste consulting assistance. �I7 :17FZ.7R[tR71 HF &H provides ongoing consulting services that address all areas of Bell Garden's solid waste services. These services have included the following: Highlights • Recovered over $12,000 in underpaid city fees • 57% diversion achieved in 2011 Client Contact Chau Vu Acting Public Works Manager l (562) 806 -7770 • Reviewing the haulers' operational and financial data to ensure proper payment of city fees and reporting of tonnage. • Reviewing rate increase requests submitted by the exclusive franchised hauler on an annual basis. • Developing measures to ensure compliance with the State's mandatory commercial recycling program. • Preparing AB 939 Annual Reports. Project Results • Recovered unpaid city fees. • Worked with each hauler on an individual basis to ensure compliance with the mandatory commercial recycling regulation. • Ensured hauler compliance — meetings between HF &H, the haulers, and the City ensured compliance with all of the requirements of the solid waste and recycling collection contract. Key HF &H Staff Laith Ezzet, Debbie Morris, April Hilario September 10, 2013 Page 14 HF &H Consultants, LLC City of Lynwood Section 2: Relevant Experience Contract Management Statement of Qualifications City of L Con Managem S ervices (1 Present) Project Description In 1997, the City of Lawndale was faced with a diversion rate of only 17 %, limited staff resources and funding to effectively manage their solid waste contracts and implement new diversion programs. HF &H has since been retained by the City on an annual basis to manage the City's solid waste contracts, to perform hauler fee and tonnage audits, to provide AB 939 compliance assistance, including preparation of annual report, and provide ongoing procurement and negotiation services to the City. HF &H Solution Highlights • 65% diversion rate achieved in 2012 • $5 million saved to ratepayers Client Contact Nasser Abbaszadeh Director of Public Works Since beginning its relationship with HF &H, the City has (310) 973 -3260 implemented several contractual and regulatory arrangements to increase diversion, such as its 4,200 ton - per -year transformation agreement, a C &D diversion ordinance, school recycling services, and a street sweeping contract that stipulates composting of all collected debris. HF &H also assisted in the implementation of a multi - family and commercial recycling program fully funded by the AB 939 fees paid by the permitted commercial haulers. In 2009, HF &H assisted the City in negotiating a solid waste agreement that provides exclusive service for the residential and commercial sectors. The new agreement will reduce the number of solid waste vehicles in the City, therefore, reducing greenhouse gas emissions. Additionally, the new agreement offers residents a variable rate structure based on the size and number of carts to encourage recycling. HF &H assisted the City with all aspects of the solid waste agreement transition including, but not limited to, the development and review of public education pieces, monitoring of container procurement and delivery, and billing and fee payment accuracy. HF &H works directly with the City and its residential franchised hauler at monthly meetings to discuss the progress of solid waste programs and develop public education materials. HF &H's audit staff verifies hauler fee payments and tonnage reports on an annual basis. Project Results • Increased the City's diversion rate from 17% in 1997 to 65% in 2012 • Increased the City's diversion rate 10 percentage points in 2004 through a disposal reconciliation process • Saved the City $37,000 in over- reported billings for recycling services • Reduced costs to the ratepayers by $5million over the term of the franchise agreement • Successful transition to new collection service agreement. HF &H Team Members Laith Ezzet, Debbie Morris, Darrell Bice, Lisa Keating, April Hilario September 10, 2013 Page 15 HF &H Consultants, LLC City of Lynwood Section 2: Relevant Experience Contract Management Statement of Qualifications City of Inglewood Contract Monitoring Se ( 2004 — Ongoing) Project Description In 2004, the City of Inglewood entered into an exclusive franchise agreement for solid waste collection services that HF &H assisted the City in negotiating with Waste Management. The agreement included new recycling requirements and a change in the roll -off billing rate structure. In 2012, the City entered into a new exclusive solid waste agreement with a new hauler, Consolidated Disposal Services. HF &H assisted with a competitive procurement for the new agreement. Client Contact Angela Williams Environmental & Sanitation Services Manager (310) 412 -5333 The City performs the billing for residential and commercial solid waste services and the hauler bills for temporary bin and roll -off services. The City retained HF &H on an on -call basis to monitor the hauler's performance, review City and hauler rate adjustments, and assist with contract management. HF &H Solution Since 2004, the City has asked HF &H to perform a variety of activities related to the solid waste collection operations in the City, including but not limited to: • Assisting with recalculation of rates for residential and commercial services; • Reviewing the hauler rate adjustment requests; • Reviewing the accuracy of the hauler's roll -off billing; • Verifying the accuracy of tonnage reports; • Confirming whether the required mixed waste processing and transformation levels were performed as required by contract; • Verifying that required commercial customer site visits were completed; • Verifying whether routes were exclusive to Inglewood customers; • Monitoring hauler compliance on an on -going basis; and • Assisting with the procurement of solid waste services. Prior to 2008, the City had consistently hired HF &H on a project -by- project basis. In order for HF &H to provide more comprehensive, on -going assistance to the City, the City retained HF &H under a three - year consulting agreement in 2008, which has since been extended for another three -year term. Project Results Solid waste contract requirements have been successfully implemented and monitored, and HF &H has been available to the City to meet all of its solid waste consulting needs. Key HF &H Staff Lath Ezzet, Darrell Bice, Lisa Keating September 10, 2013 Page 16 HF &H Consultants, LLC of Lynwood Section 2: Relevant Experience Contract Management Statement of Qualifications City of Irvine Waste Hauler Audits (2010 - Present) Project Description The City entered into non - exclusive agreements with 23 haulers for the collection, transportation, recycling and disposal of solid waste from areas of the City that are not subject to the City's exclusive franchise agreement. The City entered into an exclusive franchise agreement with Waste Management of Orange County (WM) for the collection, transportation, recycling and disposal of solid waste from the residential and Village commercial area of the City. In 2010 and 2011, HF &H performed three franchise fee and tonnage audits for the City: • One hauler for calendar years 2007, 2008 and 2009 under the non- exclusive and exclusive agreements; • One hauler for calendar year 2009 under the non - exclusive agreement; and Highlights • $89,000 in additional franchise fees in 2007, 2008 and 2009; • $38,000 in additional franchise fees in 2010 Client Contact Michael J. Byrne Sr. Management Analyst (949) 724 -6357 • One hauler for calendar year 2010 under the non - exclusive and exclusive agreements. HF &H Solution HF &H reviewed annual franchise fee remittances, reported receipts, and determined the reasonableness and accuracy of tonnage reported by the two selected waste haulers under the non- exclusive agreements and the exclusive hauler for residential and Village commercial solid waste collection for the selected years. Results HF &H determined that one hauler in calendar years 2007, 2008 and 2009 underpaid franchise fees on solid waste collection by $35,068 and on recyclable material sales revenue by $53,785. HF &H also determined that the hauler accurately reported tonnage to the City. However, the disposal component of the rates charged did not reflect the actual disposal cost. We recommended that the City and the hauler rebalance the rates under the exclusive franchise agreement. The second hauler underreported franchise fees by $373 for calendar year 2009. In calendar year 2010, HF &H audited one hauler and found that the hauler had accurately reported gross receipts, franchise fees and tonnage under the non - exclusive commercial solid waste agreement and the exclusive residential and Village commercial agreements. HF &H found that franchise fees of $37,825 on recyclable material revenue were due to the City. Key HF &H Staff Laith Ezzet, Darrell Bice, Debbie Morris, Natalia Autenrieth September 10, 2013 Page 17 HF &H Consultants, LLC of Section 2: Relevant Experience Contract Management Statement of Qualifications City of La Quinta Contract & Diversio Programs Manage ( Pr Project Description The City of La Quinta retained HF &H Consultants in 1998 to assist in the preparation of their Annual Report to the California Integrated Waste Management Board. Since 1998, HF &H has provided diversion program implementation and monitoring, solid waste contract monitoring, auditing services, and procurement and negotiation services to the City on an ongoing basis. Highlights • State -of- the -art diversion programs • 78% diversion achieved in 2011 HF &H Solution HF &H provides ongoing consulting services that address all areas of La Client Contact Quinta's solid waste services. These services have included the Les Johnson following: Planning Director • Reviewing the franchised hauler's operational and financial data to (760) 777 -7125 ensure proper payment of city fees and reporting of tonnage. • Reviewing rate increase requests submitted by the franchised hauler on an annual basis. • Managing diversion programs for the City, providing analysis for better decision - making, and partnering with City staff and hauler personnel to develop new programs. • Developing measures to ensure compliance with the State's mandatory commercial recycling program. • Preparing AB 939 Annual Reports. Project Results • Continued compliance with AB 939 — La Quinta surpasses the diversion goal mandated by AB 939, and has surpassed 70% since 2006. • Enhanced diversion programs — HF &H assisted the City in the successful implementation of state -of- art diversion programs. • Ensured franchised hauler compliance — meetings between HF &H, the franchised hauler, and the City ensured that the City's franchised hauler was in compliance with all of the requirements of the solid waste and recycling collection contract. Key HF &H Staff Laith Ezzet, Debbie Morris, Lisa Keating, April Hilario September 10, 2013 Page 18 HF &H Consultants, LLC CSI SECTION 3: REFERENCES Client References Section 3: References Contract Management Statement of Qualifications Client Name Jurisdiction Address Phone Email and Title Number Chau Vu, Acting Public Works 7100 South Garfield c Manager City of Bell Avenue (562) 806 -7770 joropeza@bell opeza @bellgarde rdens. John Oropeza, Gardens Bell Gardens, CA Assistant City 90201 org Manager Nasser 4722 Manhattan Beach Abbaszadeh, City of Blvd. (310) 973 -3260 nabbaszadeh @lawndal Director of Public Lawndale Lawndale, CA 90260 ecity.org Works Angela Williams, One Manchester Env. & Sanitation City of Boulevard (310) 412 -5333 awilliams@ Inglewood cityofinglewood.org Svcs. Mgr. Inglewood, CA 90301 Michael J. Byrne, Senior City of Irvine One Civic Center Plaza (949) 724 -6357 mbyrne @ci.irvine.ca.us Management Irvine, CA 92713 Analyst Les Johnson, City of La 78 -495 Calle Tampico Planning Director Quinta La Quinta, CA 92253 (760) 777 -7125 Ijohnson @la - quinta.org September 10, 2013 Page 19 HF &H Consultants, LLC AGENDA STAFF REPORT DATE: September 11, 2013 TO: Honorable Mayor and Members of the City Council APPROVED BY: Richard N. Warne, Interim City Manager P PREPARED BY: Emilio M. Murga, P.E., Director of Public Works /City Engineer' Josef Kekula, Public Works Associate SUBJECT: Lynwood Fixed Route Transportation Services Recommendation: Staff recommends that the City Council interview the proponents and make a selection. Background: The Request for Proposals (RFP) for the Fixed Route Services was released on June 13, 2013. Five proposals were received by the City Clerk's Office on July 25, 2013. The following proposals were received: 1. MV Transportation, Inc. 2. Silverado Stages 3. Empire Transportation, Inc. 4. Southland Transit, Inc. 5. PCA Management Discussion & Analysis: All proponents submitted bids for gasoline powered vehicles and the prices range from $50.59 per hour for MV Transportation, lowest, to $69.50 per hour for PCA, highest. The annual cost to operate the 4 regular bus system, range from $688,024 for the first year for MV Transportation, lowest, to $945,200 for the first year for PCA, highest. The cost to operate the system for the 5 year contract period is $3,588,360 for MV Transportation, lowest, to $5,018,536 for PCA, highest (see Table A). Proposals included prices for gasoline powered trolley body type buses (see Table B). The proponents also submitted prices for Compressed Natural Gas (CNG) vehicles. The prices range from $50.80 per hour to $69.50 per hour. The annual cost to operate the 4 CNG regular buses range from $690,880 for the first year to $945,200 for the first year. The cost for the 5 year contract period range from $3,603,864 to $5,018,536 ( GENDA Tables C & D). ITEM Staff recommends the use of four regular buses instead of trolley body type buses. Most cities that operate fixed route systems are using regular buses. These buses operate more efficiently in the City's narrow streets and are less expensive to operate. All five proponents declared they plan to retain the employees of the current service provider for a period not less than 90 days, in accordance with Labor Section 1070 et seq. At the August 20, 2013 meeting, City Council requested to interview all of the proponents. Table A - Hourly Rates for Four (4) New Regular Gasoline Powered Buses CONTRACT YEAR MV Transportation Silverado Empire Southland PCA Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate YEAR 1 $50.59 $53.85 $60.07 $61.76 $69.50 YEAR 2 $51.07 $54.93 $62.55 $63.25 $71.59 YEAR 3 $52.03 $56.03 $65.04 $64.80 $73.74 YEAR 4 1 $54.01 $57.15 $67.14 $66.31 $75.95 YEAR 5 $56.15 $58.29 $68.94 $67.88 $78.23 * 5 Year Contract Total $3,588,360 $3,811,400 $4,402,864 $4,406,400 $5,018,536 Biased on 13,600 annual operating hours. Table B - Hourly Rates for Four (4) New Gasoline Powered Trolley Body Buses CONTRACT YEAR MV Transportation Silverado Empire Southland PCA Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate YEAR 1 $55.04 $58.75 $71.61 $67.27 $69.54 YEAR 2 $54.82 $53.93 $74.17 $68.84 $71.63 YEAR 3 $55.31 $55.13 $76.33 $70.50 $73.78 YEAR 4 $56.92 $56.23 $77.83 $72.13 $75.99 YEAR 5 $58.69 $57.35 $81.55 $73.80 $78.27 * 5 Year Contract Total $3,818,608 $3,826,904 $5,218,456 $4,794,544 $5,218,456 - based on 13,600 annual operating hours. 2 Table C - Hourly Rates for Four (4) New Regular CNG Powered Buses CONTRACT YEAR My Transportation Silverado Empire Southland PCA Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate YEAR 1 $50.80 $53.85 $53.81 $66.93 $69.50 YEAR 2 $51.39 $55.20 $54.90 $68.56 $71.59 YEAR 3 1 $52.46 $56.58 $56.31 $70.26 $73.74 YEAR 4 $54.22 $57.99 $57.84 $71.93 $75.95 YEAR 5 $56.12 $59.44 $59.44 $73.65 $78.23 * 5 Year Contract Total $3,603,864 $3,849,616 $3,839,280 $4,778,088 $5,018,536 - based on 13,600 annual operating hours. Table D - Hourly Rates for Four (4) New CNG Powered Trolley Body Buses CONTRACT YEAR my Transportation Silverado Empire Southland PCA Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate YEAR 1 $52.28 $58.75 $68.32 $73.00 $69.54 YEAR 2 $52.01 $60.22 $69.51 $74.72 $71.63 YEAR 3 $52.44 $61.72 $72.22 $76.55 $73.78 YEAR 4 $53.56 $63.27 $74.79 $78.35 $75.99 YEAR 5 $54.79 $64.85 $76.29 $80.20 $78.27 * 5 Year Contract Total $3,605,088 $4,199,816 $4,904,568 $5,206,352 $5,218,456 - bases on 13,6UU annual operating hours. At the September 3, 2013, meeting, City Council approved extending the existing contract with MV Transportation, Inc. to October 31, 2013, and authorized the City Manager to issue a month to month extension until January 31, 2014, as necessary, to provide time to transition into the new service contract. 3 Fiscal Impact: The funds for these services have been budgeted in FY 13 -14 budget and no allocations are required. The Fixed Routes Bus System expenses are funded by Proposition A funds. Coordinated With: City Manager's Office City Attorney's Office